2. PROMOTER: The Promoter of this Promotion is eBay International AG, Helvetiastrasse 15/17, CH-3005, Bern, Switzerland.
3. PROMOTION TIMING: The Promotion begins at 0:01 GMT on Tuesday 17th December 2013, and ends at 23.59 GMT on Sunday 2nd February 2014 (the "Promotion Period"). The winner ("Winner") shall be announced within 7 days following the end of the Promotion Period and the Promoter's decision, in any Promotion matter whatsoever (and at its sole discretion) shall be final.
4. HOW TO ENTER: In order to participate in the Promotion a Participant must list and sell a ticket for one of the following Gloucester home games, Saracens, Munster or London Wasps, within the Promotion Period on the Stubhub.co.uk website. Every Participant will be eligible to enter the Promotion only once. Listing multiple tickets through one or multiple StubHub accounts does not increase the chances during the prize draw. StubHub users who do not wish to be entered into the Promotion, must send an email to email@example.com from their registered StubHub e-mail address, which contains the users full name and the request to opt out of the Promotion.
5. CONDITIONS OF PARTICIPATION/EXCLUSION: By entering, Participants agree to be bound by these Official Rules including all eligibility requirements. Participant represents and warrants that he/she has the right and authority to enter into this Promotion on his/her own behalf (or consent from parent or guardian) and that his/her entry is original and he/she has the right to assign the entry to Promoter on the terms set out herein. Entry must be in keeping with Promoter's image and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or infringe upon any person or entity's personal or proprietary rights, as determined by Promoter in its sole discretion. Promoter reserves the right to disqualify any entries which (i) are deemed unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be a criminal offence, (ii) give rise to liability, (iii) post advertisements or solicitations of business, or (iv) are not compliant with these Official Rules. Promoter is not responsible for late, incomplete, illegible, damaged or misdirected entries. Promoter may disqualify any Participants that do not act in accordance with these Official Rules and/or StubHub's user agreement and policies or who are suspected to have been involved in any fraudulent or illegal activity. The use of automated processes, scripts or any other measures to manipulate the Promotion is forbidden and shall lead to the disqualification of the Participant.
6. DETERMINATION OF WINNER: The Winner will be drawn at random by an independent adjudicator appointed by the Promoter at the end of the Promotion Period. The Winner will be notified by telephone or email, to the current registered telephone number or email address provided to StubHub, within 7 days following the end of the Promotional Period. First and last name of the Winner may also be announced via the StubHub.co.uk Facebook® page. The Winner may be required to sign an affidavit of eligibility/liability release and, where legally required, also a publicity release, to be properly executed, via overnight mail, within 2 days of the conclusion of the Promotion. Non-compliance within this time frame may result in the Winner being disqualified, and the prize will be awarded to a potential alternate winner. Participants shall be responsible for ensuring that the contact details associated with the StubHub account they are entering with is up to date and accurate so they can be contacted if they win. If Promoter or its authorised agents are not able to contact the winner by midnight 7 days after the first attempted notification, Promoter reserves the right to select an alternative winner and the original winner's entitlement will lapse.
7. PRIZE: The Winner will receive a Gloucester Rugby VIP package ("Prize") for the Gloucester v Harlequin game on 22nd February 2014 consisting of (i) a two course meal in the 1873 suite, (ii) reserved grand-stand seating, (iii) a behind the scenes stadium tour, (iv) a signed Gloucester Rugby shirt. The Winner may invite up to three guests to join him. The Prize does not include any airfare or any other travel costs, accommodation, or any out-of-pocket expenses, and the Winner and guests will be solely responsible for such costs.
The Prize is non-transferable; no substitutions or cash alternatives are permitted, except by the Promoter at its absolute sole discretion. The Winner will be required to participate in reasonable social media activities promoting StubHub.co.uk, including by posting online about their win on Facebook® and/or Twitter® (as reasonably directed by the Promoter). All taxes and any other costs related to this prize not specifically stated within these Promotion Rules are the sole responsibility of the Winner/guests.
8. ASSIGNMENT OF RIGHTS By entering, Participant unconditionally assigns and transfers to Promoter all rights, title and interest in and to his/her entry, including, without limitation, the copyright therein. Promoter shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, broadcast, publish or otherwise use (and authorise others to use) the entry for any purpose which Promoter deems necessary or desirable including on Promoter's websites, in film and other broadcasts, and through social media channels (including but not limited to Facebook® and Twitter®), and Participant irrevocably waive any and all so-called moral rights he/she may have in the entry. Entry must be in keeping with Promoter's image and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or infringe upon any person or entity's personal or proprietary rights, as determined by Promoter in its sole discretion.
By accepting this prize, the Winner consents to the use of his/her name for advertising, publicity and promotional purposes by Promoter, or a party designated by the Promoter in connection with the entry, including but not limited to, any online announcements, without additional compensation, except where prohibited by law.
9. LIMITATION OF LIABILITY: Participants hereby agree to the maximum extent permitted by law, to release, indemnify and hold harmless Promoter and Stubhub Europe S.à r.l. and each of their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, employees, officers, directors and shareholders (collectively, the "releasees") from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, or use or misuse of any prize awarded or participation in any prize-related activity. This limitation of liability is a comprehensive limitation of liability that to the maximum extent permitted by law applies to all damages of any kind, including (without limitation) direct, indirect, or consequential damages; loss of data, income, or profit; loss of damage to property; and claims of third parties. participants agree that promoter has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the prize draw. Promoter's failure to enforce any term of these terms and conditions shall not constitute a waiver of that or any other provision. Releasees are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, inability to access a website, fraud, incomplete, garbled, or lost or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Promoter, users or by any of the equipment or programming associated with or utilised in this promotion or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a Participant's ability to participate. Promoter is not responsible for late, incomplete, illegible, damaged or misdirected entries.
10. GENERAL: Promoter reserves the right, in its sole discretion, to cancel, suspend or modify part or all of this Promotion at any time without notice, if in the Promoter's opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if virus, bugs, non-authorised human intervention, fraud or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Promotion. In such event, Promoter may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation. Promoter's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Promoter reserves the right to disqualify Participants who violate these Official Rules.