Auction Rules, Terms & Conditions
Please read these Rules, Terms & Conditions carefully as they contain important information regarding your rights, obligations and relationship. The Raffle Rules, Terms & Conditions are incorporated herein by reference.
1.1 THE FOLLOWING RULES, TERMS & CONDITIONS SHALL APPLY TO THE BUSINESS RELATIONSHIP BETWEEN THE CHARITY AND YOU, OUR ACCOUNT HOLDER/USER. BY REGISTERING AND/OR USING THIS WEBSITE. YOU, THE ACCOUNT HOLDER, AGREE AND RECOGNIZE ALL OF THE FOLLOWING RULES, TERMS & CONDITIONS AND AGREE TO ABIDE BY ALL THE BELOW RULES, TERMS & CONDITIONS AND REGULATIONS. THESE RULES, TERMS & CONDITIONS CONSTITUTE THE ENTIRE AND COMPLETE AGREEMENT BETWEEN THE CHARITY AND YOU, THE ACCOUNT HOLDER/USER WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, DISCUSSIONS, PROPOSALS, LITERATURE, AND THE LIKE, WRITTEN OR ORAL. THIS AGREEMENT MAY BE MODIFIED AT ANY TIME BY THE CHARITY WITHOUT VERBAL OR WRITTEN NOTICE. PLEASE MAKE SURE YOU REVIEW THE RULES, TERMS & CONDITIONS OFTEN FOR ANY CHANGES AND/OR MODIFICATIONS. THE CHARITY IS NOT LIABLE OR RESPONSIBLE FOR THE ACTIONS OF ACCOUNT HOLDERS/USERS OR OTHER INDIVIDUALS WHO H AVE READ OR BEEN INFORMED OF INFORMATION ON THIS WEBSITE OR OTHER WRITTEN MATERIAL. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO EMAIL US BY CLICKING ON “CONTACT US” AND FILLING IN THE REQUIRED AREAS. WARNING: IF YOU HAVE NOT READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE RULES, TERMS & CONDITIONS, DO NOT USE THIS AUCTION WEBSITE.
2.1 YOU MUST BE 18 YEARS OF AGE OR OLDER AND LEGALLY ABLE TO ENGAGE IN A LEGAL AND BINDING CONTRACT AND YOU MEET ALL OTHER ELEGIBILITY REQUIREMENTS TO REGISTER AND USE THE CHARITY’s WEBSITE. 2.2 You must reside in Washington D.C., Puerto Rico or one of the 50 United States, excluding Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah or Washington. 2.3 The CHARITY’s independent contractors, employees and their immediate family members, including parents, spouse, siblings and children, and any person residing in the same household as a CHARITY’s employee, may not, under any circumstances, participate in the CHARITY’s auction(s) or raffle. 2.4 Only individuals may open an account; not entities, companies, trusts, co-ops, etc. The CHARITY’s features, Services or Products are offered exclusively to Account holders/users and not to commercial, partly-commercial or semi-commercial retailers or resellers. 2.5 The CHARITY, at its discretion, may allow more than one registered Account holder/user per household. Unless otherwise expressly approved in writing by the CHARITY, the following methods will be used for payment of auction items and raffle tickets: credit card or PayPal account. By accepting these Rules, Terms & Conditions, you agree not to have more than one account per payment method (credit card or PayPal account) with the CHARITY. In other words, each account must have a separate and different credit card or PayPal account. You may not register using a Post Office Box or an equivalent type of mailbox/ address. If the CHARITY discovers that you have more than one account, the CHARITY reserve the right, at its sole discretion, to treat all your accounts with the CHARITY as a single joint account or to close your accounts and terminate this Agreement. 2.6 While members in the same household may be permitted, by express written approval of the CHARITY, to have separate accounts, they are not permitted to bid on the same auctions. Evidence of this activity will be deemed collusion and will result in all associated accounts being closed permanently. 2.7 Account holder/user may not participate in collusion, fraudulent, unlawful or improper activity with others or use any unauthorized mechanical, electronic or other means or device to place a bid. The CHARITY reserves the right to terminate and permanently close the accounts of Account holders/users they suspect of collusion, fraudulent, unlawful or improper activity or unauthorized bidding. 2.8 The CHARITY may also, at its own discretion, limit the number of auctions won by a person or account within a 30-day period. 2.9 The CHARITY reserves the right to reject an application for an account for any reason whatsoever. 2.10 You are solely responsible to ensure that you comply with all the laws or regulations and the Rules, Terms & Conditions and that they do not prohibit you from accessing the CHARITY Website and using or participating in the features or Services contained therein. 2.11 By clicking on the button marked ‘I Accept’ at the end of these Rules, Terms & Conditions and/or by using or accessing the CHARITY’s website, you acknowledge that you have read, understood, accept and agree to be legally bound by these Rules, Terms & Conditions, as they apply to your use of or access to the CHARITY’s website. The Rules, Terms & Conditions may be modified periodically and will be posted on the website as changes and/or updates are made. You agree to and are bound by the Rules, Terms & Conditions as revised.
3. Create an Account/Registration; Account holders/users Rights and Obligations
3.1 In order to access the auction (the "Auction") and certain other features, Services or Products of the Website, you must create an Account that is accepted by the CHARITY and maintained and updated by you in accordance with these Rules, Terms & Conditions and all applicable laws, rules or regulations. You will be required to create an account that requires a user name and password, provide your name, address, e-mail address, phone number and method of payment (credit card or PayPal account). You may be required to provide additional information and complete additional registration or compliance steps, including but not limited to, social security number, date of birth and a copy of driver’s license or other governmental identification. You may never use an Account that is created by another User. Failure to provide and update the necessary information for compliance will result in forfeiture of the item won. 3.2 When creating your Account, you agree to only provide accurate and complete information that is not untrue, false, incorrect or misleading and that you will continue to update your account, if there are any changes. 3.3 You agree not to collude, directly or indirectly, or exchange information with other person(s) or entity(ies). You agree not to be involved in or participate in, directly or indirectly, any type of bidding scheme or collusion, fraudulent, unlawful or improper activity. 3.4 When creating a account, you must choose a user name that is not vulgar, rude, abusive, offensive, profane, obscene, indecent, defamatory, inflammatory, illegal, threatening, libelous, intended to deceive or delude, or is disparaging or objectionable to others or to the CHARITY. Creating a user name that purposely misleads others or advertises any goods, services or products or advertises for other websites is strictly prohibited. Your username can also not violate any type of trademark or copyright laws or intellectual property rights. The CHARITY, at is sole discretion, may prevent the opening of an account, may freeze or terminate an account without notice, if you create a user name that violates any of these Rules, Terms & Conditions. 3.5 The CHARITY reserves the right to review all coupon codes, promotions, activities and/or referrals for collusion, fraudulent, unlawful or improper activity. The CHARITY, at its own discretion, can terminate any account that is suspected of such collusion, fraudulent, unlawful or improper activity that includes, but is not limited to, creating multiple accounts within the same household, creating multiple accounts by the same individual, creating multiple accounts under the same credit card or PayPal account, using fake names, fraudulent account activity or behavior, abuse of the system, use of fake coupon codes, unauthorized third-party bidding, bid tracking software, auto bidding bots, etc. or any other type of unauthorized bidding program. 3.6 You agree not to misuse the CHARITY’s Website by tampering by any means or by using or launching any mechanical, electronic or automated system, including without limitation, any device, "robots," "spiders," "offline readers”, tracking software, etc., or anything that interferes or attempts to interfere with the proper function of the Website or accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser. 3.7 The CHARITY, at its sole discretion, can terminate, permanently ban or freeze your account, withhold or cancel all your pending purchases and forfeit bids placed and items won, as well as pending deliveries and/or refunds, if the CHARITY has reason to believe or has any suspicion that you may be engaging in or have engaged in collusion, fraudulent, unlawful, or improper activity or are found in violation of any of these Rules, Terms & Conditions, any laws, rules or regulations, violated the rights of other Account holder/users or other third parties or is deemed not to be within the intent of the CHARITY’s website. 3.8 Either you or the CHARITY may at any time, terminate your Account, for any reason or no reason, with or without notice. If you or the CHARITY terminate your Account for any reason other than your violation of these Rules, Terms & Conditions, and/or your violation of any laws, rules or regulations, then the CHARITY will return the balance of any money held in your account, either by e-mail, US Mail and/or courier (e.g., FedEx, UPS etc.) to the address provided that is on file. If the CHARITY terminates your Account for violation of these Rules, Terms & Conditions, and/or violation of any laws, rules or regulations, then any and all winnings will be forfeited. If by law the winnings cannot be forfeited, the winnings will be returned. 3.9 You may not sell, license, or otherwise transfer your Account, except by operation of law. 3. If you do not use your Account to bid on an item for more than 12 months, your Account shall be considered “Inactive” and subject to termination by the CHARITY and any and all winnings or money in your account will be forfeited. 3.11 The CHARITY hereby grants to Account holders/users permission to use the Website as set forth in these Rules, Terms & Conditions, provided that: (i) your use of the Website, as permitted, is solely for the purposes expressly stated herein; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter, modify, sabotage or cause any problems or issues with any part of the Website; and (iv) you will otherwise comply with these Rules, Terms & Conditions and with any and all applicable laws and regulations. 3.12 You agree that you will not post or transmit to any Website and/or to any Device(s) or to any other users, any telephone numbers, street addresses, last names, URLs or email addresses, etc. unless otherwise expressly permitted by the CHARITY. Further, you agree not to post or transmit to any Website and/or to any Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. 3.13 You agree not to advertise, or solicit, any Account holder to buy or sell any feature, services or products. Further, you agree not to interfere with other users' use of the features, Services, Website(s), Software, Devices and/or Information or transmit, initiate and/or engage surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email. 3.14 You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any of the CHARITY page or website. 3.15 You agree you will not commit any acts or display any conduct that damages the CHARITY’s reputation or Website, or the software provider or any other related service providers. 3.16 You acknowledge that the credit card or PayPal account details supplied by you in the registration process are yours and the information or details have not been stolen or reported as lost or stolen. 3.17 You acknowledge that you have not previously held an online account that was suspended or terminated either by the CHARITY or by any other online operator or received refunds, reversal of payment or charge-backs of any monies from a Payment processor or a credit card or PayPal account or other similar account or method. 3.18 You acknowledge that you are not and will not attempt, to use any techniques designed to hide or mislead your true IP or true actual location. 3.19 You acknowledge that you are not conducting criminal or otherwise unlawful or unauthorized activities and/or intending to use your account in connection with such activities and that you shall not use or allow other persons to use your account, our features or Services, including bidding on auction items or raffles, for any improper, criminal or otherwise unlawful activities including, without limitation, money laundering. Further, you acknowledge that you are not using or depositing money originating from criminal or other illegal or unauthorized activities and you will comply with any anti-money laundering requirements. You agree that the CHARITY may make credit checks with third party credit or financial institutions, undertake additional security checks against any information that you provide and/or request information regarding the source of funds. By agreeing to these Rules, Terms & Conditions, you give the CHARITY consent to access, use, process and store the results of any identification verification or checks that may be made against you or your account. 3.20 You acknowledge that you have considered how much you can afford to spend on auction items or raffles and have set your acceptable spending limit. Furthermore, you acknowledge that you may bid without ever winning an auction and you accept this risk of losing in the course of participating in our auction. 3.21 You acknowledge and agree that you are solely and totally responsible and liable for any and all activity that takes place through your account, whether authorized by you or not.
4. Use of Information provided
6.1 To purchase items or products won in the auction you will need to follow the procedures set out of the website. Details of the procedures for payment and delivery are displayed on the website. 6.2 Bids are a limited license to participate in the CHARITY’s auctions. You may not obtain any money in exchange for Bids. 6.3 Payment for a winning Bid shall be made by credit card or PayPal account or such other payment options permitted by the CHARITY. 6.4 If any payment by an active Account holder for any Bid(s) or Product(s) is disputed or dishonored, the Account holder will be charged a fee equal to $20.00, plus the amount of the winning Bid(s) or Product(s) price which is a fair approximation of the CHARITY's costs and expenses of such dispute or dishonor. Without limitation to any other rights or remedies, the CHARITY reserves the right to block access or disable such User's Account and to withhold any outstanding deliveries or winnings until any and all obligations are paid in full. 6.5 Upon the termination of your Account or in the instance of Account inactivity for more than one year, any and all money or winnings will be forfeited. 6.6 Every time you click on the “BID” button, whether by you or another registered user, the bid will be deemed to have been placed and accepted for the amount placed. Once a bid is placed it cannot be cancelled, revoked, changed or credited back and is not subject to a refund, reversal of payment or charge-back. Malfunctions void all bids. 6.7 Account holders are prohibited from using an unauthorized automated system or device for bidding, including without limitation, "robots," "spiders," "offline readers," etc., or bidding software not authorized by the CHARITY. The CHARITY’s Auto Bid is the only automated bidding system permitted to be used on the CHARITY’s website. 6.8 Unauthorized auto bidding, collusion, fraudulent, unlawful, or improper activity of any type or manner with any other person or entity to bid on and/or attempt win an auction is strictly prohibited and will result in an immediate and permanent ban from this website and immediate closing of your account and forfeiting of any won items and/or raffle winnings. 6.9 You acknowledge that you have considered how much you can afford to spend on auction items and have set your acceptable spending limit. Furthermore, you acknowledge that you may place bids without ever winning an auction and you accept this risk of losing in the course of participating in the CHARITY’s auction. 6.10 You agree that you will not make or procure the making of any refund, cancellation, credit, charge-backs and/or deny or reverse any such payment(s) to the CHARITY, and that you will reimburse the CHARITY for any refund, cancellation, credit, charge-backs, denials or reversal of payments you make, and any and all losses suffered and expenses incurred by the CHARITY as a result. 6.11 The CHARITY reserves the right, in its absolute discretion, to cease to provide services to an Account holder/user or a Payment provider, without providing a reason whatsoever. 6.12 The CHARITY reserves the right, in its absolute discretion, to decline, reject or remove a bid from an auction item, in whole or part, without providing a reason whatsoever. 6.13 The CHARITY will only accept bids or permit the use of its features or Services through the internet using a device in compliance with these Rules, Terms & Conditions.
7. Bids, Auctions, Payment and Purchases