Terms and Conditions

Elephant Parade Silent Auction

September 1 - 30, 2022

OFFICIAL RULES AND REGULATIONS

AUCTION RULES

1.       Definitions:  In the rules following, terms placed in inverted commas shall have the meaning set out below:

         a.       ‘auction’ means the Elephant Parade Silent Auction taking place September 1 - 30, 2022, 2022 via the GiveSmart® online auction platform; 
         b.       ‘auctioneer’ means Resorts World Las Vegas LLC, which has been designated by seller to conduct the auction via the GiveSmart® platform;
         c.       ‘bidder’ means the person who makes a bid accepted by the auctioneer, or that person’s disclosed principal;
         d.       ‘buyer’ means the highest bidder for a certain lot during the auction;
         e.       ‘Elephant Parade’ means Elephant Parade International B.V.;
         f.        ‘force majeure conditions’ mean any acts or conditions that are beyond the reasonable control of auctioneer, including any act of God, fire, flood, storm, explosion, riot, strike, insurrection, pandemic and/or public health crisis, etc.;
        g.       ‘hammer price’ means the agreed upon sale price for not including any applicable taxes, service or shipping charges/fees;
        h.       ‘property’ or ‘lot’ means the elephant statute(s) being offered for sale as part of the auction hereunder;
         i.         ‘reserve’ is the (confidential) minimum hammer price at which the seller has agreed to sell a lot;
         j.         ‘rules’ mean these Official Rules and Regulations;
        k.       ‘seller’ means Elephant Parade, the owner of the property auctioned under the auction;
         l.         ‘total amount due’ means the hammer price in respect of the lot sold, together with any charges, fees, interest, taxes due from a buyer (i.e., winning bidder or defaulting bidder);
        m.     ‘sale’ means the change of title from the seller to the buyer on receipt of payment.

2.       Eligible bidders:  The auction shall be conducted as a silent auction.  All lots will be invoiced to the name and address given at the time of registration and the issue of an allocated buyer’s number and cannot be transferred to other names and addresses. The highest bidder will be the buyer at the hammer price and any dispute will be settled at the auctioneer’s absolute discretion. Every bidder will be deemed to act as principal unless there is in force a written acknowledgement by auctioneer that he/she/they acts as an authorized agent acting on behalf of the named principal.

3.       Division of funds:  The auction will raise funds to benefit elephant conservation. The exact breakdown of fund distribution is as follows:

          a.       30% to NGO Elephant Family, supporting elephant welfare;
 
          b.       30% to Elephant Parade, as a social enterprise, for the benefit of raising awareness; 
 
          c.       30% to Elephant Parade’s affiliate, Del Prado USA, to support Elephant Parade’s efforts in the United States; and
 
          d.       10% to auctioneer toward the auction’s organization and production expenses
 
4.       As Is:  All property offered in the auction is sold to buyers “as is”, with all faults and imperfections and errors of description.  Illustrations in catalogues are for identification only.  Prior to sale, prospective bidders have the right to reasonably inspect and make determinations on their own (at their sole cost and expense) as to the condition of each lot and should exercise and rely on their own judgment as to whether the lot accords with its description or not. Neither seller nor auctioneer (or their respective employees, agents, and/or contractors) is/are responsible for errors of descriptions or for the genuineness of any lot. No warranty whatsoever is given by seller or auctioneer (or their respective employees, agents, and/or contractors) in respect of any lot, and any express or implied conditions or warranties (including implied warranties of merchantability and fitness for a particular purpose) are hereby excluded to the maximum extent permitted by law.  Furthermore, neither auctioneer nor seller make any representations or warranties regarding ownership of any third party intellectual property rights contained in the decoration/design of the property, and disclaim any responsibility for third party infringement claims that may arise following passage of title from seller to buyer.

5.       Inspection:  Prospective bidders have the right to reasonably inspect the property (at their sole cost and expense) before bidding to determine its condition, size and whether or not it has been repaired or restored.  For the avoidance of doubt, neither seller nor auctioneer (or their respective employees, agents, and/or contractors) shall have any obligation to provide any statements or opinion regarding the state or condition of the lot, and bidders shall not rely on any such statements or opinions as affirmative representations and warranties of seller or auctioneer.

6.       Withdrawal: The auctioneer, on behalf of itself and seller, reserves the right to withdraw any property from the auction before the sale and shall have no liability whatsoever for such withdrawal, provided it takes place prior to the sale commencing (except for bids below reserve).

7.       Rescheduling of auction; force majeure conditions:  Executive management of auctioneer shall retain the right to reschedule, or not reschedule the auction, in its sole discretion. The staff of auctioneer shall use reasonable efforts to inform auction participants and bidders of the cancellation, termination, or postponement of auction, due to force majeure conditions.

8.       Per Lot:  Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the auction.

9.       Bidding:  The auctioneer reserves the right to reject any bid in its reasonable discretion (acting in good faith). The highest bidder acknowledged by the auctioneer will be the buyer. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder. If any dispute arises after the sale, the auctioneer’s sale record is conclusive. By participating in the sale, the bidder represents and warrants that any bids placed by him/her/them, or on his/her/their behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with applicable U.S. or international laws.  The auctioneer, on behalf of itself and seller, may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for the bidder’s bid(s).

10.   Bids Below Reserve:  If the auctioneer determines that any opening bid is below the reserve of the property offered, auctioneer may reject the same and withdraw the property from sale, and if, having acknowledged an opening bid, auctioneer determines that any advance thereafter is insufficient, auctioneer reserves the right to reject the advance.

11.   Telephone bids:  Auctioneer, on behalf of itself and seller, may, in its commercially reasonable discretion, accommodate certain telephone bids from bidders who have made proper arrangements at least 24 hours prior to the sale and subject to the availability of sufficient telephone lines. Because this method cannot be entirely free from risk of communication breakdown, to the fullest extent permitted under Nevada, auctioneer and seller disclaim any responsibility for losses arising from missed bids made via telephone. 

12.   Buyer’s Responsibility:  Subject to fulfillment of all the conditions set forth herein, on the date of the auctioneer’s closure, the contract between auctioneer on behalf of seller and the buyer is concluded, and the buyer thereupon shall immediately pay the full purchase price or such part as auctioneer might require. Title in a purchased lot will not pass until auctioneer (on behalf of seller) has received the total amount due for that lot in cleared funds. Neither auctioneer nor seller is not obliged to release a lot to a buyer until title in the lot has passed (i.e., payment for total amount due has cleared) and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyer’s unconditional obligation to pay the total amount due.

13.   Payment:  Payment in USD is due within 7 days on receipt of the auction invoice (issued within 14 days of the auction and may be made by the following methods:

       a.       Bank transfer - The buyer to include his/her/their name and the invoice number with buyer’s instructions to the bank. Please note that clearing of such payment will be required. Bank transfers should be made to the bank as mentioned on the invoice.

       b.       Invoice – The auction will issue an invoice for payment to the buyer within 14 days of the auction.

14.   Receipt: The auction will issue a receipt to the buyer within 30 days of payment being received.

15.   Collection of purchases:  The buyer shall collect the purchased lot, at his/her/their expense, no later than twenty-one (21) calendar days after the day of the sale. The lot shall not be released to the buyer before receipt by auctioneer (on behalf of seller) of the total amount due.  If the buyer does not collect the lot within twenty-one (21) calendar days after the date of sale, the buyer may be charged storage fees.  If the buyer does not collect the lot within thirty (30) calendar days after the date of sale, the seller and auctioneer may treat the lot as abandoned personal property in accordance with applicable laws.

16.   Transfer of risk:  Any lot purchased is entirely at buyer’s risk from the earlier of:

       a.       the time buyer collects the lot purchased, or

       b.       the time that buyer pays to auctioneer (on behalf of seller) the total amount due for the lot; or

       c.       seven (7) calendar days after the day of the sale. The buyer shall be solely responsible for ensuring the lot purchased from the time risk passes to them.

17.   Packing and handling:  The packing and handling of lots is entirely at buyer’s risk and expense and neither seller nor auctioneer shall, in any circumstances, be responsible for any acts or omissions of third party packers, couriers, or shippers. Buyers are encouraged to purchase insurance coverage for any damages caused by such third party packers, couriers, or shippers.

18.    Shipping:  Transportation of the purchased property to their final destination is the responsibility of the buyer.  Upon request, auctioneer can provide buyer a name(s) and contact information for auctioneer’s logistics partners to engage for packing and/or shipping.  The pick-up location for the purchased property shall be determined by seller and/or auctioneer and communicated to the winning buyer.  In no event shall seller or auctioneer be responsible for any acts or omissions of such third party logistics partners.  Buyers are encouraged to purchase insurance coverage for any damages caused by such third party logistics partners.

19.   Export:  Should any lot require export or import licenses for other countries, it is the buyer’s responsibility (physical and financial) to obtain any relevant export or import license. Lots purchased shall be paid for in accordance with these rules, and the denial of any export or import license required or any delay in obtaining of such license shall not justify the rescission or cancellation of the sale by the buyer or delay by the buyer in making payment of the total amount due for the lot.

20.   Remedies:  If any lot is not paid for in full and/or collected by buyer in accordance with these rules, or if there is any other material breach of these rules, auctioneer (on behalf of itself and seller) will, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:

        a.       commence proceedings against the buyer for payment and/or damages for breach of contract;

        b.       to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;

        c.       to resell the lot or cause it to be resold by private sale and the defaulting buyer will be liable to pay to auctioneer (on behalf of seller) any resulting deficiency in the total amount due (after deduction of any part payment and addition of resale costs) and any surplus will belong to the seller;

        d.       to remove, store and insure the lots at the expense of the defaulting buyer;

        e.       to charge interest at a rate not exceeding 2% per month on the total amount due to the extent it remains unpaid for more than 7 calendar days after the issue of the invoice;

        f.        to retain that or any other lot sold to the same buyer at the same time or at any other auction and release it only after payment of the total amount due;

        g.       to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or require and receive a deposit in any amount determined by auctioneer (on behalf of seller) before accepting any bids in future; and/or

        h.       to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in auctioneer’s possession for any purpose.

21.   Legal costs:  The buyer shall be responsible for the payment of seller’s and/or auctioneer’s legal costs incurred in the enforcement of their respective rights under these rules.

22.   Use and maintenance: The majority of the items of property are covered with a special layer so that they can be placed outside. The final layer consists of a two-component resin + cure, protecting the design from rain and wind. This layer also allows to clean the property very easily.  The seller advises buyers to clean the property with a soft damp cloth with a mixture of water and white vinegar. However, the seller highly recommends that the property be kept indoors.  If the property is placed outside, the seller recommends that the buyer check the top layer of the property frequently (approximately once per 2 years) and cover the property with a shelter to keep the property in the best condition.  The foregoing is not intended as an affirmative representation or warranty as to the condition of the property at the time of sale or how long the property will remain in good condition. There are some Elephants that are in no circumstances suitable for outdoor use.

23.   Standard size (CM) and weight of the statues (approximate values; weight may be greater depending on decorations):

Standing
147 (h)
164 (l)
77 (w)
55 kg (weight)

Sitting
142 (h)
132 (l)
107 (w)
65 kg (weight)

Trunk up
148 (h)
175 (l)
77 (w)
55 kg (weight)

24.   Governing law: These rules, and any contract between a buyer and auctioneer (on behalf of seller), shall be governed by and interpreted and construed in accordance with the laws of the State of Nevada.  Any lawsuit to interpret or enforce the terms of these rules or any contractual document between the parties, shall be brought exclusively in a court of competent jurisdiction in the State of Nevada.  The parties expressly consent to personal jurisdiction in Nevada for the purpose of resolving any dispute related to these rules and any contractual document between the parties.

 RESORTS WORLD GENERAL RULES

25.   Team Members and/or immediate family members of auctioneer, or auctioneer’s parents, affiliates, subsidiaries, or their respective employees, agents and contractors, are ineligible to participate in the auction. 

26.   The auctioneer takes each bidder’s safety seriously. For auctioneer’s full Health & Wellness Standards safety plan, please visit  https://www.rwlasvegas.com/about-us/health-and-safety. As applicable, all participating bidders, and their respective employees, agents, or contractors, are required to follow applicable health and safety policies and protocols while on auctioneer’s premises. 

27.   Failure to adhere to these rules may result in disqualification from bidding and/or forfeiture of winning bid/award. 

28.   The auctioneer (on behalf of seller) reserves the right to alter the terms of these rules at its sole discretion and without prior notice. 

29.   The decisions of auctioneer’s management regarding all aspects of the auction are final and binding. 

30.   Please visit https://www.rwlasvegas.com/privacy-and-statements/  to review auctioneer’s privacy statement.

 

Donor approves the payments of any charitable donations and/or purchases to Resorts World Las Vegas in the amount set forth therein. For more information about these terms and conditions contact [email protected]