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Auction Terms
Effective as of September 27, 2023.
The following auction terms (the "Auction Terms") supplement the
Terms of Use agreement for the Website, which can be found at this link: Terms
of Use. These Auction Terms are meant to be read with the Terms of
Use, which are incorporated into these Auction Terms, and which contain
additional terms and conditions applicable to you and your access to and use of
the auction features with respect to auctions run on the Website (the
“Auction” or collectively, the “Auctions”), regardless of how accessed, and
which includes an arbitration of disputes provision. With
respect to an Auction, in the event of any conflict between these Auction Terms
and the Terms of Use, these Auction Terms shall control. Please read these
Auction Terms carefully.
BY ACCESSING AND USING THE WEBSITE FOR
AUCTIONS, INCLUDING PLACING A BID OR OTHERWISE PARTICIPATING IN AN AUCTION, YOU
AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS
OF USE AND THESE AUCTION TERMS. If you do not agree to
be bound by the Terms of Use and these Auction Terms, you may not access or use
the Website for Auctions, place a bid, or otherwise participate in an Auction.
These Auction Terms may be prospectively changed, modified, or altered by us in
our sole discretion at any time without prior notice. If we materially change
these Auction Terms, we will notify you through a notice, updated Auction Terms
on the Website or by email (sent to the email address specified in your account),
prior to or upon the change(s) becoming effective as may be required by law.
Accordingly, when you access or use the Website for Auctions, including placing
a bid or otherwise participating in an Auction, you should check the date of
the Auction Terms and be aware of any changes since the last version. Your
continued use of the Website for Auctions after the effective date of a change,
including placing a bid or otherwise participating in an Auction, means that
you accept such changes. Your access to and use of the Website for Auctions,
including placing a bid or otherwise participating in an Auction, will be
governed by the Terms of Use and Auction Terms in effect at the time of such
use or access, bid or other participation.
Auctions
The following is a general description of how Auctions may be conducted by us
on the Website. We reserve the right to prospectively change the way Auctions
are run from time to time, including per item and at the last minute. You
should carefully review these Auction Terms and any item-specific terms and
conditions before placing a bid.
Eligibility
In order to participate in an Auction, you must be 18 years of age or older or
the age of majority in your jurisdiction, whichever is greater, and a resident
of the 50 United States or District of Columbia. Participants may participate
in the Auction only when they are residents of the 50 United States and
District of Columbia. Employees of Fanatics who are directly involved in
managing, administering or fulfilling auctions – and employees of any
affiliated companies or contractors with similar responsibilities – along with
their immediate family members and/or those living in the same household of
each are not eligible to participate in an Auction. We may set criteria for
determining eligibility to visit an Auction, 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 (e.g., a meet-and-greet with a
professional athlete). For example, if an experience is an item offered in an
Auction, successful completion of a background check before you may participate
in an experience may be required, and failure to complete or pass such a check
may result in forfeiture of an item and/or rescission of the sale.
Bidding
We reserve the right to establish the type of Auction and how bidding will work
for each Auction. Below are certain types of Auctions that we may conduct:
A. Standard Auction. In a standard auction, the winning bid will be
the bid that is the highest dollar amount at the time the Auction closes,
subject to any applicable reserve amount (see more details on “reserve”
auctions in final paragraph of the section on bidding).
B. Dutch Auction. In a “Dutch auction,” there can be more than one
item at a time available for bidding and there may be as many winning bidders
as there are items available for bidding. You may be able to bid on multiple
quantities of such item(s) (up to as many as items that are available) and you
may adjust the quantity you are bidding on when you increase your bid. If
applicable, we will specify whether a reserve price applies and the number of
items available for bidding in a Dutch auction. When you place your bid, you
will indicate the number of items you are bidding on. If the highest dollar
amount is not higher than the reserve price at the time that the Auction
closes, then there will be no winner of the Auction. The winning bidders of the
Auction will be those individuals who place the highest dollar amount bid for
the Auction above the reserve price, if applicable, subject to availability.
For example, if there are 20 items available and there are more than 20 bidders
for those items, the bidders who place the highest dollar amount bid will be
the winning bidders. The price of each item for the winning bidders will be set
at the lowest dollar amount of the winning bids. For example, if there are 20
winning bidders, and the lowest dollar amount bid of those 20 winning bids is
$10.00, then each of the 20 winning bidders will pay $10.00, plus applicable
taxes, shipping charges and handling fees (as further described below). In the
event of multiple bids for the same quantity that are tied at the lowest
qualifying level at the end of the Auction, the winner(s) among such tied bids
will be determined based on the earliest bid received.
Bidding on an item is an offer to buy the item at the price in the bid, plus
any applicable shipping and/or handling fees, as well as any applicable sales,
use or other similar taxes. You must create an account or have an active
account in order to place a bid for an Auction. To the extent you have not
already provided your credit card information to us in your account, you must
provide your credit card information in your account at the time you place a
bid and the credit card you provide or that is your then-current default
payment in your account will be charged at the close of the Auction if you are
a winning bidder. A “winning bidder” is the highest bidder in a standard
auction, and will include the group of highest bidders in a “Dutch” auction
equal to the number of items available for bidding in that auction, as
described above.
All bids are made in automatic increments that we will set for each item (e.g.,
an increment might be $5, $10, $25 or another amount). Depending on the type of
Auction, you may be able to set a “proxy” bid, which is the highest amount you
are willing to bid. If applicable, you may increase the “proxy” bid amount but
may not decrease it. If you do place a “proxy” bid, then you agree that (a) we
may cause a bid to automatically be made for you in an amount up to the
designated bid increment each time someone bids higher than your existing bid
until your proxy bid amount is reached, and (b) you will be bound by each bid
so made. For example, if proxy bidding is applicable to an Auction, the
increment is $5 and the highest price you are willing to pay is $100, you can
set your proxy bid at $100. If your first bid is $50 and someone else bids $60,
your bid will automatically be increased by the designated increment amount of
$5 to $65; if no one else bids, your $65 bid will be the winning bid. If
someone else bids $105, you will no longer be part of the bidding because you
set your “proxy” bid limit at $100. All bids must start at a minimum of $1 if
no minimum amount is set for an item, or the minimum amount set for an item if
applicable.
Auctions may be subject to a “reserve price,” which is a minimum amount that
must be bid in order for the item to be sold in the auction, in our sole
discretion. The applicability of a reserve price to the Auction will be posted
in the item listing. Only bids placed at or above the reserve price are
eligible to win the auction. If the reserve price is not met by the time the
auction ends, there will be no winner of the auction.
Bidding Requirements
Each bid is a legally binding offer and you may not cancel or withdraw your bid
once placed. When bidding in an Auction, you agree that:
(a) you are making an irrevocable binding offer to purchase the item and that,
if you are the winning bidder, your bid is a legally binding contract to
purchase the item except in certain limited circumstances set out below;
(b) if you are the winning bidder, we may charge your credit card at the time
the Auction closes for the amount that you bid and any applicable taxes,
shipping charges and handling fees;
(c) you are responsible for reading and understanding the full item listing,
the Terms of Use, these Auction Terms and the terms and conditions that
accompany the listing;
(d) you will not take any actions that directly or indirectly manipulate the
bid or the bidding process and that no “shill” bidding (i.e., purposeful
bidding, alone or in coordination with others, on an item to artificially drive
up the price of such item) is permitted;
(e) you will not bid on any item which violates any law, rule or regulation to
which you are subject and that if you do so your bid is considered null and
void.
Auction closing times are approximate, and we reserve the right to close an
Auction early or later than the scheduled time or to cancel an Auction in its
entirety for any reason or no reason. If there is an “Auto Bid Extend” feature
or extended bidding is displayed on a listing page, then bidders may have a
chance to “challenge” bids placed, meaning place a higher bid than the
then-current highest bid in the final moments of an Auction. If “Auto Bid
Extend” is indicated on a listing page, that means that if a bid is placed
during the last 5 minutes of an Auction (or such other time period as we may
designate), the Auction will automatically extend for an additional 5 minutes
(or such other time period as we may designate) from the time of the latest
bid. The Auction will close once all bidding activity has stopped for a period
of 5 minutes (or such other time period as we may designate).
We may set or change minimum bids, bid increments, reserve prices, extended
bidding periods, and other bidding terms in our sole discretion. We reserve the
right to limit, change, cancel, extend or relist any Auctions, without prior
notice, even after bids have been submitted. We reserve the right to rescind a
sale or otherwise not deliver an item/lot to a winning bidder where, in our
reasonable discretion circumstances warrant such action, including, without
limitation, in the event of delayed payment or non-payment, breach of these
Auction Terms or the Terms of Use, loss or destruction of the item (including
when we do not receive the item), difficulties in collecting payment from or arranging
for delivery to winners, refusal to submit a required form (liability waiver,
media release, eligibility affidavit, or otherwise), bids placed by ineligible
parties, and 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 (if applicable) to sign a liability waiver, confidentiality
agreement, and/or publicity release in order to participate in an experience.
Your or any of your guests’ failure to comply with such requirement may result
in forfeiture of the item and/or rescission of the sale.
Account Creation;
Payment Information
You are required to create an account or have an existing account in good
standing in order to place a bid in an Auction. You must also enter a valid
credit card number as part of your account to place a bid for any item. Your
credit card will not be charged unless you are the winning bidder. We reserve
the right to put an authorization hold on the credit card for an amount
reasonably related to the item on which you are bidding. Payment for Auction
items will be charged automatically at the close of an Auction if you are the
winning bidder. We must receive payment in full in the amount of the winning
bid, plus applicable taxes, shipping charges and handling fees before any item
will be delivered. Title shall not pass to you until such time. Failure to
complete valid payment within the time specified in any notification we send
you about a failed payment may result in us voiding and canceling your bid.
All Auction Items Sold
“AS IS”; No Returns or Refunds
To the furthest extent permitted by applicable law, all Auction items are sold
AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. All sales are final, and we
do not accept returns or issue refunds.
FanCash; Promotions
and Coupons
FanCash may not be used as a form of payment in any Auction. Any Auction
purchases you make on the Website will not be eligible for earning FanCash. No
Offers, such as discounts, promotional codes or coupons, may be applied to any
Auctions.
Taxes, Shipping
Charges and Handling Fees
All Auction bids are shown in U.S. dollars and are valid and effective only for
items auctioned and shipped from the U.S.; applicable taxes, shipping charges
and handling fees are additional. Each winning bidder agrees to pay all
applicable taxes, shipping charges and handling fees, in addition to the
winning bid amount. Actual taxes charged may differ from those shown at the
time of bid placement, as changes in applicable tax laws, a change in shipping
address, or other factors, may result in the applicable tax amount changing between
the time the bid is placed and the time the Auction closes. In our discretion,
we may require you to arrange for pick-up of an item, and, if we do, it will be
posted in the item listing. 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. Delivery method may vary by item, type, location, and availability.
Because of delays and difficulties sometimes outside of our control, we cannot
make any commitment as to the exact delivery method or timing of delivery.
Deliveries will be made only to addresses in the 50 United States or District
of Columbia.