National Shooting Sports Foundation, Inc. Celebration of Freedom Auction
Terms and Conditions

1.       Definitions.  For the purposes of these Terms and Conditions and in relation to the Celebration of Freedom Auction, the following definitions apply:

a.       “Seller” shall mean the National Shooting Sports Foundation, Inc. (NSSF).

b.       “Bidder” shall mean any individual or entity utilizing the GiveSmart platform to submit a Bid in the Auction.

c.       “Auction” means this National Shooting Sports Foundation, Inc. Celebration of Freedom Auction.

d.       “Bid” means the submission by a Bidder through the GiveSmart platform of an irrevocable offer to purchase the item for which a Bid is placed at the price indicated in the Bid, if the Bid is the highest Bid at the close of the Auction.

e.       “Winning Bid” means the highest Bid for any given item as of the close of the Auction, provided that such Bid is not determined to be ineligible.

f.         “Item” means any one of the numbered lots listed in the Auction on which Bidders can place Bids.

2.       Term of Auction.  The Auction shall be live from 4 pm ET, November 18, 2024, to 9:30 pm ET, January 23, 2025.  No Bids shall be accepted after the close of the Auction.

3.       Acceptance of Terms and Conditions.  By placing a Bid or otherwise participating in the Auction, Bidders agree to the application of these terms and conditions to such Bids and other participation. By placing a bid or otherwise participating in the Auction, Bidders affirm that they meet all eligibility requirements detailed herein and are otherwise capable of forming a legally binding contract.

4.       Eligibility to Participate.  To participate in the Auction, Bidders must be at least 18 years old, and a resident of the 50 United States or the District of Columbia.  Participants may participate in the Auction only in and from these jurisdictions.  Neither Seller nor employees of Seller and members of their households are not eligible for participation in the Auction. Seller shall not provide fulfillment for any Items to be received outside of the United States.  Bidders agree that they will provide current, complete, and accurate information about themselves, as may be required to participate in the Auction and to prove eligibility. Bids placed by Bidders who are not eligible shall not be valid, and any Winning Bid placed by an ineligible winner shall be voided and the Item shall be sold to the next highest Bidder.

5.       Additional Firearm Eligibility Restrictions.  To bid on firearm Items, Bidders must be legally permitted to purchase and possess firearms under all applicable state and federal laws, including any restrictions on purchase or possession of particular firearm types, or restrictions on age of purchasers. Bidders must be at least 21 years old to bid on any Items that consist of or contain a handgun, as that term is defined under federal law.  In the event that a winning bidder is not legally permitted to take delivery of any firearm Item, Bidder shall be refunded the amount of their Winning Bid for that Item, and the Item shall be sold to the next highest Bidder.

6.       Condition of Items; Disclaimer of Warranty.  ALL items are SOLD “AS IS” AND Seller MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, including any warranties as to merchantability or fitness for a particular purpose, WITH RESPECT TO THE ITEMS, AND IN NO EVENT SHALL Seller BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF ITEMS, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THE ITEMS. No statement, notice or description made in respect of the Auction, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Seller makes no representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the ITEMS.

7.       Binding Nature of Bids. By placing a Bid in the Auction, Bidders are entering into a legal and irrevocable contract to purchase the items upon which they have bid at the bid price, if such Bid is the highest Bid at the close of the Auction. All Bids are final. By accepting these Terms and Conditions, Bidders personally and unconditionally guarantee payment of any Winning Bid. If an entity submits a Bid, then the individual placing the Bid on behalf of the entity agrees to personally guarantee payment for any Winning Bid of the entity.  Seller is not responsible or liable for any problems, delays, or other issues resulting from the use of the internet, including but not limited to transmission, execution, or processing of a Bid.  Seller is not responsible for any errors in bidding.  Bidders should make certain to Bid on the correct Item(s).  Bidders must make sure that the bid price they are entering (plus any applicable taxes and fees) is the price they are willing and able to pay. Once bidding has closed and the Winning Bidder has been announced, the Winning Bidder is unconditionally bound to pay for the Item(s) which they have won, even if the Bidder has made an error. A Bid entered by mistake by a Bidder is NOT grounds for cancellation of that Bid.  Each Bidder is responsible for their own account and for their Bid(s), allowing access to another who enters a Bid without the knowledge of the account holder is NOT grounds for cancellation of a Bid.

8.       Payment.  Provided payment details of the Winning Bidder will be charged automatically by Seller after the close of bidding. Bidder shall be charged the full amount of their Winning Bid, plus any additional fees and taxes which apply, including any firearm transfer fees which may be charged by Bidder’s local FFL. Payment must be received in full before any items will be delivered. 

9.       Delivery of Items. Upon close of Auction, Seller shall provide the contact details of the Winning Bidders to the supplier(s) of the Items won, who shall coordinate delivery of Items directly to the Winning Bidder, either through shipment of physical items, or coordinating the acceptance of non-physical Items.

10.  Transfer of Title.  Title to all Items shall remain with Seller until the Winning Bid price has been paid in full by the Winning Bidder.

11.  Withdrawal.  Seller reserves the right to withdraw any Items from the Auction at any time before, during, or after the Auction, without any liability therefor.

12.  Disqualifying Bidders.  All Bidders must meet the eligibility criteria provided herein.  Any Bidder may be disqualified at Seller’s sole discretion and will not be awarded any Items.  Such determination may be made by Seller at any time prior to, during, or even after the close of the Auction.

13.  Limitation of Liability; Indemnification. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GIVESMART SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM THE DELIVERY OR USE OF ANY ITEMS PURCHASED OR OBTAINED BY BIDDERS (OR RESULTING FROM OTHER TRANSACTIONS ENTERED INTO BY BIDDERS) AS A RESULT OF THEIR PARTICIPATION IN THIS AUCTION. BIDDERS HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SELLER FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, FINES, FEES, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR RELATED TO THE ACCEPTANCE OR USE BY BIDDER OF ANY ITEM IN THIS AUCTION.

14.  No Endorsement.  Bidders acknowledge and agree that the presence of any Items in the Auction does not constitute an endorsement by the Seller for any such Item, nor does it constitute an endorsement of any Item’s manufacturer or supplier.

15.  Donations.  Individuals have the option of making a donation to Seller through the GiveSmart platform. No Items will be received in return for making a donation and donations shall not provide Bidders with any Bid entries to any Item.

16.  Personal Data.  Bidders consent to the use of their personal data as necessary by Seller in order to administer the Auction and provide for delivery of items to any Winning Bidders. Bidders consent to any further use of their personal data in accordance with Seller’s privacy statement.

17.  Entire Agreement.  These Terms and Conditions comprise the entire agreement between Seller and any Bidders in the Auction and supersede all prior agreements among these parties regarding the subject matter contained therein, with the exception of any terms of use or other terms provided by GiveSmart which inure to the benefit of Seller.

18.  Applicable Law.  The Auction, and these Terms and Conditions, shall be governed and construed in accordance with the laws of the United States of America and the State of Connecticut applicable therein, without any regard to or application of the conflicts of law principles of that State.  The parties hereto irrevocably agree to the exclusive jurisdiction of the state or federal courts located in Fairfield County, CT, provided nothing herein shall prevent any party from removing an action to a federal court located within Fairfield County, CT, provided that jurisdictional requirements are met.