Terms and Conditions

 

By checking this box, you agree to the Virtual Gala and Silent Auction terms and conditions set by the Hampton Arts Foundation as listed below:

 

Terms and Conditions

Thank you for signing up for the Hampton Arts Foundation Virtual Gala. Proceeds from the online event benefit Hampton Arts Foundation. Please read in detail the Terms and Conditions of the Hampton Arts Foundation Virtual Gala and Silent Auction powered by Givesmart.

 

Do you agree to allow the Hampton Arts Foundation to use your personal data?

I consent to allowing the Hampton Arts Foundation to capture and use my personal data. I understand and have read the Terms of Service and understand that I may revoke this consent at any time.

 

Consent to Receive Text Messages: By supplying your mobile device number to the Website or any of the Microsites, you agree to receive text messages about the event for which you are registering, as well as information regarding the auction and the status of your bids from GiveSmart. Agreement to receive this information is not required to register for an event or place a bid at an auction.

 

 

ONLINE SILENT AUCTION GUIDELINES

General Information:  Before you can make a purchase, donate, or place a bid, you must register for a GiveSmart Account.  You may register at any time.  Once you have registered, keep your account details strictly confidential. You will be liable for any and all transactions made via your account.

 

Once you have successfully registered to participate, you will be permitted to access the site. During the auction, you can bid for an item by clicking the bid button. Each bid shall be final and binding as soon as the bid button is clicked. The current bid will be displayed on your screen. You will be notified via text that your bid has been received, when/if you are outbid, when the auction is closing and if you were successful in winning the item.

 

You acknowledge that you may be bidding in a live auction and agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error.  You accept full liability for all bids submitted via your account including the liability to pay in full on time in accordance with Bid conditions.

 

By bidding in the Hampton Arts Foundation Online Silent Auction, each bidder agrees to these auction terms and conditions. You warrant that: (a) you are at least 18 years of age and possess the legal capacity to participate in the Silent Auction; (b) you will be financially responsible for your use of the online auction services; and (c) you will be responsible for any usage by minors or any other party of online auction services under your name or account. Please note that you must be at least 21 years of age to purchase any lot that contains alcohol or an experience that will include alcohol. The Auction is open to legal residents of the United States (including the District of Columbia but excluding Puerto Rico and U.S. possessions, territories, overseas military installations in foreign countries), and Canada, who are 18 years of age or older and have reached the age of majority in their home state at the time of registration. If you do not qualify, you may not participate in the Auction.

 

The Hampton Arts Foundation warrant neither the quality nor the value of items at the auction.  All items are sold as is and are subject to conditions and terms stipulated by the donor. The dollar values are estimates provided by the donor and are not guaranteed by the Hampton Arts Foundation for tax purposes.  By your purchase, you waive any claims for liability against the Hampton Arts Foundation for products or services received.  No exchanges, substitutions or refunds will be honored by the Hampton Arts Foundation. Every effort is made to describe items as clearly as possible. Please read item descriptions, restrictions and expiration dates carefully before bidding or purchasing an item. Out of consideration to our donors, please use the services within the dates specified. If an item is specified to be available for a certain date, please do not ask the donor to change the date, or any other circumstance of their donation.

 

Item Information:  Gratuities and tax may not be included in the purchase price of your auction lot. All dates shall be mutually agreeable to both the donor and buyer. Travel and shipping are not included in the auction lots unless otherwise noted in the description.

 

The Hampton Arts Foundation reserves the right to add, change, or withdraw items, without notice, to or from the auction.

 

Participant understands that items being auctioned during the Virtual Silent Auction (each, an “Auction Item”) has been donated or otherwise provided by a community member, third party partner or other supplier (“Third Party Provider”). The Hampton Arts Foundation’s (HAF) use of Auction Items supplied by such Third Party Providers in the Virtual Auction does not imply any endorsement, sponsorship or affiliation between HAF and any such Provider. Third Party Providers and their principals shall not be treated as HAF’s agents for any purpose.  HAF provides no additional warranties or guarantees for product merchandise provided; all products are provided “as-is.” HAF, its subsidiaries and affiliates are not responsible for Third Party Provider components and/or programs (including, without limitation, merchandise and event tickets) or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of use of merchandise provided by a Third Party or participation in a Third Party Provider program including, without limitation, (i) failure or delay by the Third Party Provider to redeem all or part of an Auction Item or to provide any all or part of a specific Auction Item, for whatever reason; (ii) loss or damage caused by the program or component of the item supplied or requested in connection with the Third Party Provider; (iii) any changes to or termination of a Third Party Provider program or component with or without notice; (iv) amenities, services and/or facilities not being available due to renovations, strikes, bankruptcy and/or acts of nature, pandemic, war, or other acts beyond the control of HAF.  You agree therefore not to make any claims against us for any matter connected in any way with a Third Party Provider. All recourse for any and all liability in connection with a Third Party Provider is against the Third Party Provider only.  By redeeming the Item, you release HAF and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of the Auction Item involving the Third Party.

 

Limitation of Liability. BY PARTICIPATING IN THE AUCTION AND/OR REDEEMING THE AUCTION ITEM, PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT NEITHER HAF NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, PRINCIPALS, VENDORS, SERVICE PROVIDERS, REPRESENTATIVES AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AUCTION OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO (COLLECTIVELY, THE “RELEASED PARTIES”), SHALL BE LIABLE OR ANY RESPONSIBILTY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE AUCTION, OR ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE WEB SITE FOR THE AUCTION, PARTICIPATE IN THE AUCTION, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE, OR ARISING FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PACKAGE, OR RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.  THE RELEASED ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE AUCTION SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPANT’S USE OF THE AUCTION WEB SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PACKAGE CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO PARTICIPANT FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, NATIONAL EMERGENCY, EPIDEMIC, PANDEMIC, ILLNESS OR ANY ACT OR OMISSION OF A THIRD PARTY.

 

Warranty. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS, EVERYTHING REGARDING THE PACKAGES, INCLUDING THE AUCTION, THE AUCTION ITEMS AND THE WEB SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

Release. In exchange for the benefits provided to Participant by HAF, Participant knowingly and voluntarily hereby fully releases and forever discharges HAF from all or any manner of past, present or future rights, claims, demands, and actions, in law or in equity, in tort or in contract, or under any other theory of recovery, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising (collectively “Claims”) which Participant ever had, now have, or may have hereafter against HAF, arising out of or relating in any manner to the bidding, purchase of and participation in the Auction, or the use of an auction item, regardless of the cause. 

 

Indemnification. Participant agrees to defend, indemnify and hold harmless HAF, the City of Hampton, HAF employees and Board Members as well as City of Hampton employees and assigns from any claim or demand made by any third party due to or arising out of the Participant’s breach of this Agreement or violation of any law or the rights of a third party. 

 

Miscellaneous. The releases contained within this Authorization and Release from Liability from Liability are for the benefit of HAF and are binding on the Participant, his/her heirs, beneficiaries, legal representatives, executors, administrators, and assigns.  To the fullest extent permitted by law, Participant agrees that if a dispute arises out of or related to the HAF Virtual Auction, it shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia. If any clause, sentence, paragraph or other provision of this Authorization and Release from Liability is, for whatever reason, deemed void, or otherwise unenforceable, then such language shall be severed and the rest of the Authorization and Release from Liability from Liability shall remain in full force and effect. 

 

By signing this Authorization and Release from Liability, Participant acknowledges and represents that (s)he has read the Authorization and Release from Liability, fully understands it and agrees to its provisions, and signs it voluntarily. No oral representations, statements, or inducements apart from the foregoing Authorization and Release from Liability that has been reduced to writing have been made and no modifications or alternations may be made to this form. 

  

Responsibility for Purchases: When you place a bid on an auction item, you enter into a legally binding contract to purchase the item if you are the winning bidder. You are the winning bidder if your bid is the highest bid at Auction Close and your bid is accepted. When you purchase a fixed-price item, you enter into a legally binding contract to purchase the item. The Hampton Arts Foundation is unable to cancel/rescind any bids. By making a donation to our Virtual Gala campaign, you are agreeing to donate the balance stated on your account.

 

All sales are final. There will be no exchanges or refunds unless otherwise noted. All items are “as is.” The Hampton Arts Foundation has attempted to describe and catalog items correctly, but neither warrants nor represents and, in no event, shall be responsible for the correctness of descriptions, genuineness, authorship, provenance or condition of the items. No statement made in this catalog, or made orally at the auction or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.

 

Credit Card on Account: By placing your credit card on file through Givesmart, you agree to your credit card being charged following the event for the balance on your account. See below for further details.

 

Payment:  At the conclusion of this auction, the credit card associated with your account will be charged for the full price of your purchases plus requisite processing fees detailed below. For the purposes of processing online payments via the GiveSmart® platform, the Hampton Arts Foundation uses CardConnect to process all financial transactions and accepts all major credit cards.

 

Fees:  There is no fee for placing an order/bid/donation on the site beyond any processing fees possibly charged by your credit provider and a 3.5% processing fee (3.95% for American Express) by CardConnect at checkout.  

 

Winning Bidders: The bidder offering the highest bid on an Auction item 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 item.  No Purchaser shall have the right to retract their bid.  Once payment of a winning bid is processed, no refunds or exchanges will be provided to Purchaser. 

 

Pick-up/Shipping: Due to the ongoing Coronavirus (COVID-19) pandemic, pick-up dates and estimated shipping are TBD. A Hampton Arts Staff Member will contact you to arrange a time to pick-up your item(s). If the winning bidder would like to have the item(s) shipped, they will assume the responsibility for the actual shipping and insurance charges incurred. The Hampton Arts Foundation is not responsible for any shipping costs, nor for any items damaged during the shipping process. The Hampton Arts Foundation will provide a tracking number once available via email.

The pick-up location is:

The American Theatre

125 E Mellen St

Hampton, VA 23663

 

Tax Guideline:  The auction item value listed is an estimate of fair market value and not warranted by the Hampton Arts Foundation. Items have not been appraised unless so noted. The amount you pay above this fair market value estimate is normally tax deductible as a charitable contribution. Please consult your personal tax advisor about current tax regulations. The Hampton Arts Foundation is a 501(c)(3) public charity.

 

Questions? 

For more information about these terms and conditions, questions or concerns, please contact foundation@hamptonartsfoundation.org

For more information about these terms and conditions contact foundation@hamptonartsfoundation.org