Important Terms Applicable to Auctions (“Auction Terms”)

Any person visiting the Auction site (“you”), including those who register or bid in an auction, agrees to be bound by the following Auction Terms, as well as our Privacy Policy and Terms of Use. All such terms—INCLUDING THOSE AS TO RELEASES, LIMITATIONS OF LIABILITY, ARBITRATION, AND OTHERWISE—apply to your use of this Auction site and the bidding and post-bidding process, and all other interactions with us regarding Auctions.  These Auction Terms are in addition to those other terms.

  1. We may set criteria for determining eligibility to visit the Auction site, to register, to bid in an auction, or win an auction, each in our sole discretion. Without limiting the foregoing, we may require you to submit additional information (including as to ability to pay), or seek information about you from third party service providers, in order to participate or continue participating in an auction, or in order to participate in a purchased experience. For example, some donors of experiences may require successful completion of a background check before you may participate in a purchased experience and failure to complete or pass such a check may result in forfeiture of an item and/or rescission of the sale.

  2. We may set or change minimum bids, bid increments, reserve prices, extended bidding periods, and other bidding terms in our sole discretion.

  3. Some lots include in-person experiences or items to be provided or donated by third parties and, as such, are subject to availabilityand changes based on the third party’s schedule or other factors. Upon a schedule change or unavailability of an item or experience involving a third party, (including, without limitation, due to sickness, death or incapacity), we reserve the right to modify or cancel an auction, rescind a sale, or provide a replacement item, in each case in whole or in part, in our sole discretion.

  4. All bids are made in “good faith.” By bidding on an item, you: (a) agree that you are making an irrevocable binding offer to purchase that, if accepted by us, will be a legally binding commitment to purchase the item except as may be determined by us, (b) represent and warrant to us that if your bid is deemed the winning bid, you will promptly submit payment in full and otherwise collaborate with us on the post-bidding process, including as to delivery, (c) will not take any action to manipulate the bidding process, including as to shill bidding, and (d) will not bid on any item that violates any law, rule, or regulation to which you are subject.

  5. Auction close times are approximate. We reserve the right to close an auction earlier or later than the time initially specified or to suspend or cancel an auction in its entirety for any reason or no reason.

  6. We are not responsible for any website or internet service delays, crashes, or outages, as further set forth in our Terms of Use. In our sole discretion, we may choose to extend any auction affected by such events or cancel such auction.

  7. We reserve the right to rescind a sale or otherwise not deliver an item/ lot to a winning bidder in the event of delayed payment or non-payment, breach of these Auction Terms or our Terms of Use, withdrawal of or failure to deliver a donated item/lot by the donor, failed background check, difficulties in collecting payment from or arranging for delivery to winners/ destinations outside the US, refusal to submit a required form (liability waiver, media release, eligibility affidavit, or otherwise), or any error or omission by us, a donor, or any other party. For example, we or a third party involved in an item or experience may require you and/or your guest to sign a liability waiver, confidentiality agreement, and/or publicity release in order to participate in an experience and failure to comply with such requirement may result in forfeiture of the item and/or rescission of the sale.

  8. All sales are made only in exchange for cash in U.S. Dollars via payment methods we reasonably designate, to include one or more of the following: credit card payment, bank wire, cashier’s check, or money order.

  9. We must receive payment in full (and/or a clearing period) before any item will be delivered or experience may occur. Title shall not pass to you until such time.

  10. Delivery method may vary by item type, location, and availability. Because of delays and difficulties sometimes outside of our control (e.g., COVID-19 restrictions), we cannot make any commitment as to the exact delivery method or timing of delivery.

  11. Failure to submit payment within the time specified (or, if not specified, within 5 business days of the auction close) may result in us voiding the auction and/or assessing interest or a late fee on the unpaid amount, as well as charging you for the costs of re-auctioning the item. Failure to pay in full also may result in a collection action, in which case you shall pay any collection costs (including attorney’s fees).

  12. Each winning bidder agrees to pay all applicable taxes and fees in addition to the winning bid amount including, without limitation, for import/export, if applicable.

  13. Each winning bidder agrees to pay for shipping, handling, and delivery charges in addition to the winning bid amount, and to provide information and cooperation requested by us in order to make such delivery. In our discretion, we may require you to arrange for pick-up of an item. Risk of loss will transfer to the winning bidder upon transfer of the item to a common carrier or, in the case of pick-up, to you.

  14. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU FOR LOSSES OR DAMAGES, INCLUDING THOSE THAT OCCUR TO THE ITEM WHILE IN TRANSIT, ARE LIMITED AS SET FORTH IN OUR TERMS OF USE. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUCTION OR OTHERWISE.

  15. DISCLAIMER OF WARRANTIES. WE DISCLAIM ALL WARRANTIES AS SET FORTH IN OUR TERMS OF USE. WITHOUT LIMITING THE FOREGOING, ANY DESCRIPTION OF AN AUCTIONED ITEM (INCLUDING ANY IMAGE) IS FOR THE SOLE PURPOSE OF IDENTIFYING THE ITEM AND SHALL NOT CREATE ANY EXPRESS OR IMPLIED WARRANTY OR CLAIM AS TO AN ITEM’S ACTUAL CONDITION.

  16. The foregoing Auction Terms and our Terms of Use, including such terms regarding LIMITATION ON LIABILITY and DISCLAIMER OF WARRANTIES, apply to protect charitable organizations and other third parties involved with any items or experiences made available through auction as they apply to protect us.

  17. No employee of ours (including of our affiliates) or of any other party involved with an item or experience other may change these Auction Terms unless agreed in a writing signed by us.