OFFICIAL RULES
2023 EBAY MOTORS WIN A HONDA TALON SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
SWEEPSTAKES ENTRY PERIOD: THE 2023 EBAY MOTORS WIN A HONDA TALON SWEEPSTAKES (THE “SWEEPSTAKES”) BEGINS AT 12:59PM EASTERN TIME ON APRIL 12, 2023, AND ENDS ON DECEMBER 22, 2023, AT 11:59PM, EASTERN TIME (THE “PROMOTIONAL PERIOD”). THE ADMINISTRATOR'S COMPUTER WILL BE THE OFFICIAL TIME-KEEPING DEVICE FOR THE SWEEPSTAKES.
SPONSOR / ADMINISTRATOR: The “2023 eBay Motors Win a Honda Talon Sweepstakes” (“Sweepstakes”) is sponsored by eBay, Inc., located at 2025 Hamilton Avenue, San Jose, CA 95125 (“Sponsor”) and is administered by Victory Event Management, LLC with businesses address at 1001 Main St Ste 49 Kalispell, MY 59901 (“Administrator”).
ELIGIBILITY: THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST 18 YEARS OF AGE OR OF THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, WHICHEVER IS OLDER, WITH A VALID DRIVER’S LICENSE AT TIME OF ENTRY AND A PERSONAL VALID SOCIAL SECURITY NUMBER FOR ADMINISTRATOR TO REPORT THE TAX LIABILITY ASSOCIATED WITH ACCEPTANCE OF THIS PRIZE (“ENTRANT”). ALL OTHERS ARE INELIGIBLE TO ENTER AND WILL BE DISQUALIFIED. VOID WHERE PROHIBITED OR RESTRICTED. Employees of eBay, Inc, (“Sponsor”), Victory Event Management, LLC ("Administrator"), and all respective advertising and promotion agencies with participation in the Sweepstakes and the members of their immediate families (spouses and parents, siblings, children, and their spouses and in-laws) and persons living in the same household with such individuals (whether related or not) are not eligible to enter or win.
AGREEMENT TO THE OFFICIAL RULES: By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and/or Administrator, which are binding and final on all matters relating to this Sweepstakes. This sweepstakes is subject to all applicable federal, state, and local laws. Winning a prize is contingent upon fulfilling all requirements set forth herein.
TO ENTER: There are two (2) ways to enter the Sweepstakes during the Promotional Period.
VIA ON-SITE EVENTS: Complete and submit an official entry form as directed at the promotion display at select eBay Motors promotional events, where eBay Motors Brand Ambassadors will be present, during the posted hours of operation during the Promotional Period (“Event entry”). On-site events are subject to change and the Sponsor and Administrator reserve the right to add, change, and/or cancel, its intentions to display at any or all events for any and all reasons, without notice.
VIA WEBSITE: Visit the website (www.eBayMotorsGiveaway.com) (the “Website”) during the Promotional Period and complete the online entry form with the required contact information and submit it as directed (“Online Entry”). ONLINE ENTRIES MUST BE SUBMITTED BY 11:59 P.M. EST ON DECEMBER 22, 2023.
Event Entries and Online Entries are hereinafter referred to as “Entry” or “Entries.”
LIMIT: ONE (1) ENTRY PER PERSON REGARDLESS OF METHOD ENTRY. Multiple entrants are not permitted to share the same email address. In the event of a dispute, online Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be required to show proof of being the authorized account holder. No mechanical reproductions of entry forms are permitted. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, registrations, or any other methods will void that participant's entries, and that participant may be disqualified. Entrants are responsible for all charges imposed by their Internet service provider, including any applicable taxes on such services, in connection with the submission of an entry. The administrator is not responsible for lost, late, incomplete, invalid, unintelligible, unreadable, or misdirected registrations, which will be disqualified. Administrator will not accept submissions from wireless domains, blacklist domains, or any email address Administrator deems to be potentially harmful to Website. Use of any automated system to participate is prohibited and will result in disqualification. Proof of mailing is not proof of delivery. All Entries become the property of the Sponsor and/or Administrator and will not be acknowledged or returned. Please also see the “Entrant’s Personal Information” section below, of these Official Rules.
WINNER SELECTION: The administrator will randomly select one (1) potential Grand Prize winner from all eligible Entries received during the promotional period on or about DECEMBER 29, 2023. Potential Winners will be contacted by the Administrator by telephone and/or email and will be required to complete and return an affidavit of eligibility, liability release, and except where prohibited by law, a publicity release form ("affidavit/release") within three (3) days of receipt. If the potential Grand Prize winners’ notification is rejected, returned, or deemed undeliverable or a potential Grand Prize winner fails to execute and return the affidavit/release within the specified time or if he/she is otherwise ineligible to receive the Grand Prize, that potential Grand Prize winner will be deemed ineligible and the prize will be awarded to an alternate selected at an alternate drawing from all remaining eligible entries. The prize winner will be required to provide his/her social security number or tax id for tax reporting purposes as Administrator will file an IRS Form 1099 with the Internal Revenue Service for the approximate retail value of the prize. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential Grand Prize Winner will be declared the Official Winner of the Sweepstakes (“Winner”). Unclaimed prizes will not be awarded.
GRAND PRIZE/ODDS: There will be one (1) GRAND PRIZE awarded ("Prize") to the Winner. The Grand Prize winner may choose one (1) of the following Grand Prize packages: Option 1: One (1) 2023 Honda Talon 1000 UTV Vehicle with an Approximate Retail Value ("ARV") of up to Thirty Thousand Dollars ($30,000.00USD). The maximum Approximate Retail Value (“ARV”) of the Grand Prize is $30,000. The maximum value of the prize set forth above represents the Sponsor’s good faith determination of the maximum ARV thereof, and the actual fair market value, as ultimately determined by the Sponsor and/or Administrator, and cannot be challenged or appealed. Option 2: Cash Alternative Grand Prize consisting of Fifteen Thousand Dollars ($15,000.00 USD) awarded to the eligible Grand Prize Winner in the form of a check or electronic bank transfer.
PRIZE RESTRICTIONS: Other than the manufacturer’s limited warranty, Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. Winner must have proof of insurance and a valid U.S. driver’s license from their state or place of residence in the U.S. to take delivery of the vehicle; failure to show same may result in prize forfeiture and selection of an alternate Winner. The winner will be provided instructions to obtain his/her Prize vehicle at an Administrator location to be determined by Administrator. Vehicle delivery may take up to 16 weeks. The winner must take delivery of the vehicle within thirty (30) days of notification that the vehicle has been delivered to the Administrator's determined location. If Prize is unclaimed within a reasonable time after notification from Sponsor and/or Administrator, as determined by Sponsor and/or Administrator in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor and/or Administrators sole discretion. All details of the Prize will be determined by Administrator at its sole discretion. The administrator reserves the right to substitute the Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Prize (including the cost of title, licensing, insurance, registration fees, applicable sales tax, and travel and transportation costs associated with collecting the vehicle) are the sole responsibility of Winner. The winner will be responsible for all applicable taxes (not limited to federal, state, local, and/or income) and will be required to provide their Social Security number or tax ID for tax reporting purposes as Sponsor and/or Administrator will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a prize awarded and accepted. Prize cannot be transferred or assigned to a third party by Winner and is valid only for the items detailed above, with no substitution of the Prize by the Winner. The vehicle cannot be assigned or transferred to a third party. Vehicle delivery is conditional upon the Grand Prize Winner’s execution and return of any and all required paperwork. Depiction of the Vehicle in any advertising or promotional materials may not reflect the actual vehicle delivered. Sponsor and Administrator shall have no liability in conjunction with such differences between depicted Vehicle and actual Vehicle. In the Administrator’s sole discretion, Winner may be required to forfeit the prize and an alternate winner may be selected in accordance with these Official Rules from the remaining eligible Entries if the selected winner (i); declines or cannot accept, receive or use the prize for any reason; or (ii) fails to comply with these Official Rules. The maximum value of the prize set forth above represents the Sponsor’s good faith determination of the maximum ARV thereof and the actual fair market value, as ultimately determined by the Sponsor and/or Administrator, cannot be challenged or appealed.
PUBLICITY: Except where prohibited by law, the acceptance of a Prize constitutes permission for the Sponsor and/or Administrator to use the Winner’s name, hometown, likeness, statements, photo, video, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional compensation, prize, incentive, consideration, consent or review; and upon request, the Prize Winner must provide written consent to such use.
RELEASE: By participating (a) Entrants release Sponsor, Administrator, American Honda Motor Co, Inc, US Motorsports Association, LLC, RaceCo, and all participating Marketing and Promotional Products or Services Partners that are incorporated within the States of eligibility as well as their respective subsidiaries, affiliates, limited liability companies, suppliers, distributors, advertising/promotion agencies, attorneys, and prize suppliers, and each of their respective parent companies and each such company’s officers, shareholders, directors, attorneys, members, employees, licensors, dealerships, and agents (collectively the “Released Parties”), from any and all liability for any claims, costs, injuries, losses, or damages, of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; (b) Entrants, by participating, agree that Released Parties will have no liability whatsoever, and shall be held harmless by Entrants against any liability, for any injuries, losses or damages of any kind, including, but not limited to, death or destruction of property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize(s) (including any travel or activity associated thereto) or participation in this Sweepstakes; and (c) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty representation or guarantee, expressed or implied, in fact or in law, relative to a prize, including, but not limited to, the prize quality or availability.
LIMITATIONS OF LIABILITY: Released Parties are not responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage related to or resulting from participation in this Sweepstakes. Released Parties are not responsible for typographical or other errors in the printing of Sweepstakes materials, the administration of the Sweepstakes, or the announcement of the prize winner, including any such error as may give an erroneous indication that a prize has been won. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL CONDITIONS: The sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or the integrity and/or feasibility of the Sweepstakes is undermined by any event, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, the action of Entrants, technical failures, fire, flood, epidemic, pandemic, public health crisis (e.g., COVID-19), earthquake, explosion, labor dispute or strike, an act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor and/or Administrator shall have the right, in their discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation. If Sponsor or Administrator, in their sole discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, the Sponsor and/or Administrator reserves the right to randomly award prizes from among all the eligible entries received up to the date of such Force Majeure event or otherwise modify the Sweepstakes as may be deemed fair and equitable by the Sponsor in its sole discretion. In the event of any cancellation, termination, or suspension, notice thereof will be posted at https://www.ebaymotorsgiveaway.com/officialrules for a period of 30 days. Entries not complying with all rules are subject to disqualification. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. If any provision(s) of these Official Rules is held invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal, state and local courts for Cook County, Illinois (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, the Entrant's rights, and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Montana, without giving effect to any choice of law or conflict of law rules (whether of the State of Montana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Montana.
LANGUAGE: Sponsor, in its sole discretion, may reproduce these Official Rules in multiple languages. The English version of these Official Rules shall prevail and govern the Sweepstakes in all matters whatsoever.
WINNER’S NAME: The Winner’s list will be available after MARCH 31, 2024, and may be obtained by sending a self-addressed stamped envelope to: 2023 eBay Motors Giveaway Grand Prize c/o Victory Event Management LLC, 1001 S Main St. Ste 49 Kalispell, MT 59901 for receipt no later than APRIL 30, 2024.
ENTRANT'S PERSONAL INFORMATION: Any personally identifiable information collected during an Entrant's participation in this Sweepstakes will be collected by the Administrator and used by the Sponsor, its affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules.
NOT ENDORSED BY: The promotion is not sponsored by, endorsed by, or associated in any way with any social media agencies we deal with, Facebook, YouTube, Tik Tok, Reddit, Instagram, Snap Chat, Pinterest, Twitter, Quora, Linked-In and others.