Win 1 of 24 gaming console prize packs! eBay Plus

This Promotion is based on the following Terms and Conditions (“Terms”). Please read these Terms before entering the Promotion. Entrants who participate in the Promotion will be considered to have agreed and accepted these Terms. All entry instructions and prize information published by eBay form part of these Terms. Entries must comply with these Terms to be valid.
When do entries start and close?The Promotion commences at 10:00 (AEDT) on 3 December 2020 and closes at 11.59pm (AEDT) on 6 December 2020 (“Promotion Period”)
Each Entrant must ensure that their entry is received by eBay during the Promotion Period. All entries are deemed to be received at the time of receipt by eBay, not time of transmission by an entrant. No responsibility is accepted for any entries that are late, lost, incomplete, misdirected or not received by eBay by 11.59pm (AEDT) on 6 December 2020.
Who can enter the Promotion?The following customers will automatically be entered into the Promotion if, during the Promotion Period, they are:
an Australian resident; and
18 years or older; and
not an employee, contractor (or an immediate family member of an employee or contractor) of eBay Inc and its related bodies corporate or the Promoter and its related bodies corporate; and
an eBay User who
can see the Promotion advertised on eBay.com.au while logged into their account and/or receives an email from eBay advertising the Promotion; and
who signs up to eBay Plus membership between 3-6 December 2020 through a free trial or paid membership
(“Eligible Customer”)
The Prizes
The prizes available in this Promotion are 24 gaming console prize packs valued between $1235.70-$1384.60 each. Winners will win 1 of the 24 prize packs.
The first 12 eligible entries drawn will each win a PS5 Prize Packs including the PS5 console, various accessories such as additional controllers, and 3+ gaming titles. Maximum value of each prize is $1,384.60
The next 12 eligible entries drawn will each win an Xbox Series X Prize Packs including the Xbox Series X console, various accessories such as additional controllers, and 3+ gaming titles. Maximum value of each prize is $1,235.70
A computerised random draw will be made for all prizes at 2:00pm (AEDT) on 8 December 2020 (AEDT) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 17, 40 Mount Street, North Sydney NSW 2060.
How do entrants enter to win a Prize?To be eligible to win a Prize, entrants must be a Eligible Customer, as defined in condition 4.
A computerised random draw will be made of all entries at 2:00pm (AEDT) on 8 December 2020 (AEDT) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 17, 40 Mount Street, North Sydney NSW 2060. A total of 24 winners will be selected.
Winning Entries Prize pack and contents Quantity to be won Total Value
PS5 PRIZE PACKS
1-12 -Console PS5 PlayStation 5 ($749.95) -PS5 Dualsense Wireless Controller ($109.95) -PS5 Marvel’s Spider-Man: Miles Morales ($94.95) -PS5 Sackboy: A Big Adventure ($109.95) -PS5 Call of Duty: Black Ops Cold War ($119.95) -Powerwave PS5 5m Controller Charge ($39.90) -CablePS5 PlayStation 5 PULSE 3D Wireless Headset ($159.95) 12 16,615.20
XBOX PRIZE PACKS
13-24 -Console Xbox Series X ($749.95) -Xbox Wireless Controller Carbon Black ($89.95) -Xbox Call of Duty: Black Ops Cold War ($119.95) -Xbox Series Play and Charge Kit x 2 (59.90) -Xbox Assassin’s Creed Valhalla ($78.00) -Headset Turtle Beach Recon 70x Black XB1 ($59.95) XB1 Dirt 5 Limited Edition BF2020 ($78.00) 12 $14,828.40
Total 24 $31,443.60
The total value of all Prizes available to be won for this Promotion is AU$31,443.60 The first 12 eligible entries drawn will win a PS5 Prize Pack. The next 12 eligible entries drawn will win an Xbox Series X Prize Pack
The Promoter and eBay accept no responsibility for any variation in the value of any prize.
Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged or taken as cash.
The Promoter or eBay’s decision regarding winners is final, and no correspondence will be entered into regarding the outcome.
eBay Plus membership is subject to the eBay Plus Terms and Conditions found at https://tc.ebay.com.au/ebay-plus-terms-and-conditions
When will entrants receive their Prizes?All prize winners will be notified in writing by 10 December 2020.
The prizes will be mailed to the winners once they have confirmed their address. Winners will be announced at www.mdsa.com.au/ebaywinners from 15 December 2020 for a minimum of 28 days.
Is it free to enter the Promotion?Entry is free into this Promotion except for any costs associated with entering, such as accessing the internet and mobile phone charges and the cost of an eBay Plus membership, if applicable. eBay is not responsible for these costs.
What if an entrant’s details have changed during the Promotion?If an entrant’s eBay details change at any time during the Promotion period, they should notify eBay Customer Service immediately via our help centre.
eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
In the event of any uncertainty as to the claim to a prize or the identity of the eligible entrant if selected as the winner, the prize will be forfeited.
Is there an unclaimed prize draw?If any prize is unclaimed by 5.30pm (AEDT) on 8 March 2021, an unclaimed prize draw will take place at the same time and location as the original draw 15 March 2021 in order to distribute any prize unclaimed by that date, subject to State regulations. Winners, if any, resulting from an unclaimed prize draw will be notified via email of their prize, and their name will be published on www.mdsa.com.au/ebaywinners from 22 March 2021 for a minimum of 28 days.
Other important terms to know
There may be tax implications from winning a prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
eBay is not responsible or liable for any loss or damages incurred by any party if any prize is unavailable.
The prizes must be used in accordance with eBay’s User Agreement which can be found at the bottom of eBay’s website (ebay.com.au).
When will an entry be invalid or rejected?Entries into the Promotion may be invalid, or eBay may reject entries if eBay reasonably forms the opinion that an entry is:
made using automated entry means or by use of a computer entry service;
late;
incomplete;
incorrect including if an entrant provides the wrong details;
breaches eBay’s User Agreement;
incomprehensible;
unlawful;
offensive;
capable of encouraging conduct that would be considered a criminal offence;
capable of giving rise to civil liability; and/or
made on behalf of an entrant by a third party or otherwise by proxy.
Entrants may be excluded from participating in the Promotion if their account, their listings or the items that they sell contravene eBay.com.au's policies or eBay.com.au’s User Agreement as set out at https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259.
eBay reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms or who tampers with the entry process. An entrant must, within 7 days of being asked, allow eBay to inspect and copy any documents eBay may request establishing eligibility to enter the Promotion, including evidence of age, residence or identity. Proof of identification, residency and entry considered suitable for verification is at the discretion of eBay.
Errors and omissions may be accepted at eBay's discretion. Failure by eBay to enforce any of its rights at any stage does not constitute a waiver of those rights.
eBay may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
fails to establish their entitlement to enter the Promotion to eBay's satisfaction; or
fails to produce documents as requested by eBay to verify the validity of entries or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way;
appears, to eBay, to have tampered with, or benefited from tampering with, the entry process;
has submitted an entry that is not in accordance with these Terms; or
does not hold an open or active eBay account. The relevant Prize will be forfeited by the winner.
If for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of eBay and its related bodies corporate, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, eBay reserves the right in its sole discretion take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations and/or disqualify any individual who tampers with the entry process.
Except for any liability that cannot be excluded by law, eBay (including its officers, employees, agents and related Bodies Corporate as defined by the Corporations Act 2001 (Cth)) exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to:
any technical difficulties, technical error or equipment malfunction (whether or not under eBay’s control);
any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;
any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by eBay) due to any reason beyond the reasonable control of eBay;
any variation in Prize value to that stated in these Terms;
any tax liability incurred by a winner or eligible entrant; or
use of a Prize.
Under no circumstances will eBay’s total aggregate liability in connection with this Promotion, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed AU$3,000.
To the maximum extent permitted by law, entrants release eBay and the Promoter from all or any claims that may arise in connection with this competition.
These rules are Terms and constitute the entire terms and conditions between the eligible entrant and eBay with respect to the Promotion and cannot be altered, modified or amended.
These Terms are subject to the applicable State or Territory lottery laws.
These Terms are governed by the laws of New South Wales and entrants submit to the exclusive jurisdiction of the New South Wales courts in relation to any disputes arising under these Terms or in relation to the competition.
The Promoter is Mike Da Silva & Associates (Aust) Pty Ltd, Level 17, the Ark, Coca-Cola Place, 40 Mount Street. North Sydney NSW 2060 (‘MDSA).
Authorised under NSW NTP/00770 ACT Permit No. TP20/01682 SA Licence No. T20/1492
How an entrant’s personal information may be collected and used
All entries become the property of eBay.
Entrants who participate in this Promotion agree that:
eBay or other entities on its behalf may use and collect their personal information to administer this Promotion and to contact them about this Promotion and about eBay’s services. This information will be collected and used in accordance with eBay’s Privacy Policy, which can be found by clicking on “Policies” at the bottom of our website www.ebay.com.au (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260). Entrants can choose to opt-out from these communications at any time.
An entrant’s personal information may be disclosed to third parties including marketing and communications agencies in order to conduct this Promotion and to the authorities responsible for the regulation of lotteries. Prize Winners' names will be published and retained as required by relevant legislation and as specified in these Terms;
eBay may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or contacting the Entrant. This information will be collected and used in accordance with eBay’s Privacy Policy (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260).