Auction Terms
Effective as of April 13, 2023.
The following auction terms (the "Auction Terms") supplement the
Terms of Use agreement for the Properties, 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 Properties (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
PROPERTIES 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 Properties 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 Properties 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 Properties 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
Properties 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 Properties 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 Properties. 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 Properties 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.
