2019 SEEDS OF HOPE GALA AUCTION TERMS & CONDITIONS

All prospective bidders must be at least 18 years old and prior to placing a bid will be required to create a GiveSmart Auction bid account and provide all required information to register with the 2019 Seeds of Hope Gala Auction (the “Auction”), who upon completion of the foregoing shall be considered as a “bidder.”  The Auction will be conducted by GiveSmart and the MCC Foundation Inc., collectively referred to herein as the “Auctioneers.”  By using the Bid Account, the bidder acknowledges that he/she has read, understands and agrees to be bound by the (i) Rules and Regulations, (ii) Terms and Conditions, (iii) Terms of Use, and (iv) Privacy Policy, as posted on the Auction website. 

The Auction will be conducted by offering the packages provided for bids on the Auction website during the provided bidding period (“Bidding Period”).  Auction packages, dates and prices are not negotiable.  The bidder offering the highest bid on an Auction package at the end of the Bidding Period will be considered as the winning bidder.  The winning bidder shall pay 100% of the bid price, and after confirmation of eligibility and payment processing has been completed, shall be confirmed as the purchaser of the respective Auction package (“Purchaser”). All payments must be received by credit card.  No Purchaser shall have the right to retract his bid.  Once payment of a winning bid is processed, no refunds or exchanges will be provided to Purchaser.  Buyer’s should be able to provide proof of a billing address upon payment.  

Auctioneers may exclude, disqualify or terminate participation in any auction (including possible future auctions), any bidder who, in Auctioneer’s sole discretion:  (a) ignores the Rules and Regulations or Terms and Conditions; (b) acts in a manner Auctioneer determines to be not fair to other bidders; (c) acts with an intent to annoy, threaten or harass any other bidder or representative of Auctioneer; (d) acts in a disruptive manner during the Auction; or (e) tampers with the bidding process.  Each Auctioneer reserves the right to terminate, modify, or suspend any auction should it determine, in its sole discretion, that any non-authorized human intervention or other causes beyond its control have corrupted or affected the administration, security, fairness or proper conduct of the auction.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules and Regulations or these Terms and Conditions, or the rights and obligations of any bidder and/or Purchaser, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than New York.  The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

ANY ACT OR ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF ANY AUCTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, EACH AUCTIONEER RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

All Auction packages/items are offered and sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of such offered package/item. Specifically, but without limitation, Auctioneer makes no representation or warranty that any package/item conforms to any standard in respect of safety, hazardous material, or fit for any particular purpose.  The Auctioneers, nor any representative of Auctioneers, make any guarantee as to the authenticity, originality, condition, or defect of any package/item being auctioned.  Bidders are encouraged to make their own inspection and rely solely on that inspection before bidding.  Failure to inspect does not negate such bidder’s responsibility to comply with these Auction Terms and Conditions.

The photos and listing of the Auction packages/items is provided as a guide, and should be used as a guide only.  Although the descriptions and photos are believed to be correct as to the accuracy of the package/item, descriptions cannot be guaranteed or warranted.  Bidder acknowledges that all Auction packages/items are available for inspection prior to the auction and it is the bidder’s responsibility to have inspected the package/item before bidding.  No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies of any package/item description, photo or other detail.

Any dispute arising as to any bidding shall be settled by Auctioneers at its sole discretion, and Auctioneer shall have the right to put the package/item in dispute for sale at another time and in another auction, as determined in its sole discretion.  Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid.  

Each bidder acknowledges and agrees that (1) under no circumstances will any bidder be permitted to obtain awards for, and each bidder hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than actual out-of-pocket expenses, if any; (2) all causes of action arising out of or connected with any auction or any package/item provided thereto shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees and costs.

BY BIDDING AND/OR PURCHASING A PACKAGE/ITEM IN ANY AUCTION, EACH BIDDER RELEASES GIVESMART, MCC FOUNDATION INC, AND EACH OF THEIR RESPECTIVE AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, AGENTS, VOLUNTEERS AND SPONSORS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY PACKAGE/ITEM, AUCTION ACCOUNT, OR THE PARTICIPATION OF ANY BIDDER, OR IF A COMPANY BIDDER, SUCH BIDDER’S EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES OR AGENTS, DURING THE AUCTION AND/OR ON THE AUCTION WEBSITE WHETHER BEFORE, DURING, OR AFTER ANY AUCTION, OR WITH THE ACCEPTANCE, POSSESSION OR USE OF ANY PACKAGE/ITEM IN CONNECTION WITH ANY SUCH AUCTION (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO TAX LIABILITY, PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT), INCLUDING IF ON ACCOUNT OF SUCH BIDDER’S OR PURCHASER’S BREACH OF THE TERMS, CONDITIONS AND/OR REPRESENTATIONS IN THESE TERMS AND CONDITIONS. 

If for any reason Purchaser fails to accept or rejects delivery, or has not make approved arrangements for delayed delivery, of any purchase package/item within fourteen (14) days of attempted delivery, the purchase shall be deemed abandoned by such Purchaser, and Auctioneer in its sole discretion shall have the right, but not the obligation, to terminate the transaction and shall have the right to award the winning bid to the next bidder in line and/or resell the packages/items in any other auction at any time.  Purchaser shall be liable for any costs and/or expenses incurred, including damages suffered by Auctioneer because of Purchaser’s failure to accept such package/item.

If for any reason, Auctioneer is unable to deliver any package/item to a respective Purchaser, then Auctioneers’ sole liability to such Purchaser shall be the return of all monies which have been paid by Purchaser to Auctioneer in respect to such purchase.  If any Purchaser’s payment transaction is disputed by such Purchaser or is deemed rejected or found invalid at any time, whether before or after delivery of the package/item, for any reason, then Purchaser agrees to promptly return such package/item upon demand by Auctioneer.  If for any reason Purchaser does not or refuses to return such package/item to Auctioneer, then Auctioneer shall have the right to seek any and all legal action to recover the package/item and any and all fees and costs associated with such actions.

If you have any questions regarding an auction or these Terms and Conditions, please send your question postage-paid, including a self-addressed stamped envelope, to MCC Foundation, 730 Columbus Ave, Apt. 2C, New York, NY 10025. 

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