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    By participating in this eBay Motors Financing and SIRIUS Satellite Radio promotional Offer ("Promotion"), you acknowledge that you have read, understood, and agree to be bound by the following Official Terms and Conditions.

The Promotion begins at 12:00 AM PT on Monday, February 21, 2005 and ends at 11:59 PM PT on Thursday, March 31, 2005 ("Promotion Period").

1. How To Qualify To Select and Receive A Promotion Gift ("Gift"). Eligible Participants (defined below) who complete all of the following requirements within the time frames set forth herein will be eligible to receive the Gift described in Section 4 below: (i) Complete the purchase of an eligible U.S. passenger vehicle or motorcycle ("Purchased Vehicle"); on www.ebaymotors.com (the "eBay Motors Site") during the Promotion Period AND (ii) apply for a loan in the amount of $7500.00 or more through the eBay Financing Center for the Purchased Vehicle with HSBC Auto Finance Inc. ("HSBC") or with Capital One Auto Finance ("Capital One") during the Promotion Period (each such loan a "Qualifying Loan"); AND (iii) Use the Qualifying Loan to finalize the purchase of the Purchased Vehicle by May 31st, 2005. Please note, if you select HSBC as your Qualifying Loan provider, you must write the eBay Item ID of the Purchased Vehicle on the back of the HSBC Auto Finance check in order to receive your Gift. This Promotion will only be available to Eligible Participants who satisfy the requirements set forth in these Official Terms and Conditions. Please note that each Eligible Participant will qualify to receive one (1) Gift only for each separate Qualifying Loan used to finalize the purchase of a Qualifying Vehicle in accordance with these Official Terms and Conditions. Please go to http://financing-center.ebay.com/ to find out which U.S. passenger vehicles and motorcycles are eligible for this promotion.

2. How To Claim A Gift? Each Eligible Participant who meets the requirements set forth herein and complies with these Official Terms and Conditions will receive the Gift described in Section 4 below from Sirius Satellite Radio Inc. ("SIRIUS"). Please note, the lender you select will provide the participant's name and address to SIRIUS to enable SIRIUS to ship you the Gift and contact you to activate the free subscription. The Gift will be shipped by SIRIUS to the borrower 2-4 weeks after the loan check has been cashed. Once the shipment has been received, the Eligible Participant may activate the free 6 month subscription by calling 1-800-422-7142. A valid credit card is required for activation. After completion of the initial 6 month subscription, service will renew automatically for additional consecutive 6 month periods ("Renewal Period") in accordance with SIRIUS' standard Terms and Conditions currently available at http://www.sirius.com/servlet/ContentServer?pagename=Sirius/CachedPage&c=Page&cid=1019257316747. Please note that you will be required to pay a subscription fee for each Renewal Period. Eligible Participants may cancel the SIRIUS subscription at any time and are under no obligation to continue the service. Subscription must be activated within two weeks after the receipt of the Gift or SIRIUS will automatically activate the subscription by May 31, 2005. Please note that all subscriptions will begin on the earlier of: (i) two weeks after your receipt of the Gift or (ii) May 31, 2005, and will continue for six months thereafter. Free subscription periods that are automatically activated by SIRIUS without having been confirmed by the applicable Eligible User shall not be automatically renewed and shall not carry any obligations. Taxes may apply.

3. Eligibility. The Promotion is open to registered members of www.eBay.com, who are legal residents of the continental United States, and are 18 years of age or older. You will not be eligible to participate in this Promotion if your accounts on eBay.com and paypal.com are not in Good Standing. In order for your eBay and PayPal accounts to be deemed in Good Standing as that term is used herein, such accounts must not be on hold, suspended or past due at any time through the Promotion Period. This Promotion is void in Hawaii, Alaska and Puerto Rico, and where prohibited, taxed or restricted. This Promotion is subject to all applicable federal, state laws and regulations. All costs not specifically stated herein, including, but not limited to, taxes (if any) and other costs related to receiving or using the Gift, are the sole responsibility of Eligible Participants.

4. What is The Gift?: Each Eligible Participant who qualifies for the Promotion and complies with these Official Terms and Conditions will receive a SIRIUS Sportster Complete Car solution which will include the following: (i) one SIRIUS Sportster satellite radio; (ii) one SIRIUS SP-TK1 car adapter kit; and (iii) a 6 month subscription at no cost. The receiver must be activated by calling SIRIUS' toll free number (1-800-422-7142) in order to enjoy the SIRIUS programming. The free subscription starts on the earlier of your activation after you receive the gift package or on May 31, 2005.

5. Additional Terms and Conditions related to The Gift. eBay, HSBC, Capital One and SIRIUS make no warranties with respect to tuners, antennas or other hardware. Service may not be available in all areas. All fees and programming are subject to change. Void where prohibited or restricted by law. "SIRIUS", the SIRIUS dog logo and channel names and logos are trademarks of SIRIUS Satellite Radio Inc. "NFL" and the NFL Shield design are registered trademarks of the National Football League. "NHL" and the NHL Shield are registered trademarks of the National Hockey League. "NBA" and the NBA silhouette logo are registered trademarks of NBA Properties, Inc. All other trademarks, service marks and logos are the property of respective owners. All rights reserved. SIRIUS is not affiliated with or controlled by eBay, HSBC, or Capital One, or any of their affiliates or subsidiaries, and such entities make no representations or warranties regarding product and services provided by SIRIUS.

6. Limitation of Liability. BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC., HSBC AUTO FINANCE INC., CAPITAL ONE AUTO FINANCE, SIRIUS SATELLITE RADIO INC. AND EACH OF THEIR AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE PROMOTION OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE GIFT. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT NEITHER EBAY HSBC, NOR CAPITAL ONE HAS 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 PROMOTION OR GIFT INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES (IF ANY) PROVIDED EXCLUSIVELY BY SIRIUS THAT ARE SENT ALONG WITH THE GIFT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY MOTORS SITE, AND EBAY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for printing or typographical errors in any Promotion-related materials; for stolen, lost, late, misdirected, Gifts; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Promotion, or process any transaction thereon. If in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, eBay reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, to modify or suspend the Promotion, or to terminate the Promotion. In all matters relating to the interpretation and application of any rule or phase of this Promotional Offer, the decision of eBay shall be final. eBay reserves the right to cancel, amend or revoke the Promotion or this Promotional Offer at any time due to reasonable business consideration or circumstances beyond its control. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, eBay reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Promotion via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

7. No Combination or Transfer of Promotional Offer. This Promotional Offer cannot be resold, transferred, redeemed for cash, or combined with any other offer, discount, or promotion.

8. Governing Law. This Promotion and these Official Terms and Conditions will be interpreted, construed and enforced in all aspects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

9. Sponsor. The Sponsors of this Promotion are eBay Inc., HSBC Auto Finance Inc. and Capital One Auto Finance. Sirius Satellite Radio Inc. is not a Sponsor of this promotion.


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