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Terms and Conditions for the "Funtastic Feature Fest" Promotion

These "Terms and conditions" are being entered into between eBay International AG (including its affiliates, holding & subsidiary companies) (individually and collectively be known as "eBay") and participants ("You") who enter this Promotion run under the name and style of " Funtastic Feature Fest " at www.eBay.in ("Site"). By participating in this Promotion you acknowledge having read and unconditionally agree to be bound by its Terms and Conditions.

I) Promotion Period:

Promotion will start on 1 st day of May 2008 (00:00:01 hours) and shall end on 31st day of May, 2008 (23:59:59 hours) unless extended by eBay.in in its sole and absolute discretion ("Promotion Period").

II) Eligibility Criterion for participation:

This Promotion is open to;

[a] All registered sellers on www.eBay.in "(participant)

[b] Who use Listing Upgrades (here in after referred to as "Features")

[c] Does a minimum spend of Rs. 1,000 for feature up gradation (minimum spend) in the promotion period

[e] Is not disallowed by law from participating in this Promotion.

III) Promotion requirements :

The Promotion is to enable sellers to produce the best visually appealing, catchy listing, making best possible use of the available features, with minimum spend. In the process not only promoting products on Site but also explore different ways of getting more visits on the listings. The participant will need to achieve the targets as specified on Listing Upgrades in the Promotion period and they will get prizes as specified below:

Spends (Rs) in April'08

Target growth over April

Prizes worth (Rs) on achieving the target

Greater than 20,000

20%

Gold worth Rs. 4500

10,000 - 19,999

30%

Motorola Yuva W230 Handset

6,000 – 9,999

40%

Apple 1GB IPOD shuffle

3,000 – 5,999

50%

Transcend 8 GB Pen drive

1,500 – 2,999

75%

Cleartrip voucher worth Rs. 1000

750-1,499

90%

Cleartrip voucher worth Rs. 400

Below 750

100%

Cleartrip voucher worth Rs. 250

IV) Results and Rewards:

  1. As an eligible seller, who achieves the target, during the Promotion period and will be awarded prizes mentioned above (See Promotion requirement).
  2. The results of this Promotion will be declared 15 working days after the close of the Promotion period. Individual winners will be informed by mail; information will also be available on community board.
  3. eBay or the administrator of this Promotion would undertake reasonable efforts to bring into effect the prizes at the earliest, and attempt to complete the process by 45 days of declaration of results, however, is subject to no delays being caused by third party vendors or Force Majuro. The winner shall assume the risk of insurance and other related security, features, liability during transit.
  4. Travel vouchers are sponsored by Cleartrip Travel Services Private Limited and will be redeemed by them only. You may wish to contact their customer care to get more details on the redemption process.

V) Promotion Conditions :

  1. All product and service related issues / warranties are your responsibility.
  2. eBay is neither responsible nor guarantees the prizes, which is purely performance based nor it is liable for any defect, deficiency, shortcoming or any risk associated with the quality, deliver timeline of the prizes.
  3. Any and all taxes, including without any limitation income tax (if any) applicable on this Promotion and the rewards / benefits thereto shall be borne by you and you shall deposit the applicable amount of taxes to eBay / contract administrator / applicable governmental authorities before you could avail any rewards / benefits, unless otherwise mandated under the applicable laws. All taxes to be paid and gifts should be claimed with in 1 month of declaring the winners.
  4. eBay reserves the right to change/remove/add targets, administrator and its decision in this regard will be final. The same, however, will be communicated prior making the change.

VI) General Terms:

  1. You should not be in violation and agree to abide with the terms and conditions of the User Agreement, policies (including listing and Privacy, Policy) of the Site.
  2. eBay reserves the right at anytime to amend / add / remove / modify (in whole or part) any of the terms & conditions of this Promotion, or to replace, wholly or in part, this Promotion by another Promotion, whether similar to this Promotion or not, or to withdraw it altogether, and eBay's decision in this regard shall be final. The same shall be effective and binding from either the date of 1st notifications or registrations, which ever is earlier, and shall be communicated 3 working days in advance, by email. User hereby agrees to be bound by such revised Terms and Conditions.
  3. All decisions of eBay regarding all aspects / process / results, of the Promotion, data selection and criteria of winners shall be final and binding on all participants of this Promotion. No appeals will be entertained in this regard.
  4. In the event of circumstances arising outside of eBay's control, which in eBay's opinion make it necessary to suspend, substitute, change or cancel the Promotion, eBay reserves the right to suspend, change, substitute or cancel the Promotion at any time.
  5. The employees and the immediate family members of the employees of eBay and its associate companies are eligible to participate in the Promotion, however, they will not be eligible to receive any prices or incentives mentioned above.
  6. eBay does not warrant that the Site will run concurrently and error free during or after the Promotion Period and does not commit any uptime of the Site.
  7. eBay does not accept, and is not responsible for, any lost or delayed data, communication. eBay reminds participants of the nature and limitations of the Internet and is not responsible for any problems, technical malfunctions of any communications network, online system, or computer hardware/ software failure, things outside the control of eBay, that may affect entry/participation to the Promotion.
  8. You understand and agree that participation in the Promotion is good and sufficient consideration for you to agree and be bound by these Terms and Promotion Conditions.
  9. If eBay has suspicion or knowledge, that any entrant has been involved in any fraudulent or illegal activity, eBay reserves the right to disqualify that entrant and any related entrants.
  10. All communications with User will be, on their mail (ID registered on Site) and you shall comply with the applicable laws of the land.
  11. Any disputes arising out of this Promotion shall be subject to the exclusive jurisdiction of competent courts in Mumbai only.



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