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TERMS AND CONDITIONS
Last Updated and Effective Date: October 11, 2022
For the purpose of these Official Auction Rules and the Terms of Service set out below, "Foundation Auctions" shall include Carolina Hurricanes Foundation, Inc., Hurricanes Hockey Limited Partnership, Hurricanes Holdings, L.L.C., Gale Force Holdings, Limited Partnership, and Gale Force Sports & Entertainment, L.L.C.
Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the bidder's offer is the WINNING BID at the close of the Auction.
Each item is its own separate Auction.
Auctions begin at 9:00 a.m. Eastern Time on the day of all Carolina Hurricanes home hockey games played at PNC Arena and end one hundred and five (105) minutes after the scheduled game time.
All bids and payments are in USD.The highest United States Dollar amount bid at each Auction's close will be the WINNING BID for that Auction.
The credit card of the person with the WINNING BID will be billed at Auction close or Foundation Auctions has the right to charge the credit card on file after 24 hours.
All items will be shipped FedEx Ground or USPS Ground within 3-5 business days of payment and mailing address verification from the WINNING BIDDER. There will be a $15 USD set shipping fee for items in the United States and an additional fee to those in Canada. Items will only be shipped to addresses within the United States and Canada.
Bids will not be accepted from Members with addresses outside the United States and Canada.
If a bidder’s credit card is declined for any reason, Foundation Auctions will attempt to contact the WINNING BIDDER via phone and/or e-mail. If Foundation Auction does not acknowledge credit card or cashier’s check payment within 72 hours of first attempt to process payment, the auction will be closed with no WINNING BIDDER and the item may be auctioned at a later date offered to second highest bidder.
Foundation Auctions reserves the right to close an Auction earlier or later than the scheduled time due to fraud or other unforeseen circumstances.
Foundation Auctions reserves the right to refuse service to anyone. Foundation Auctions will exercise this right in situations including, but not limited to, bidders making a habit of winning auctions and not buying.
Bidders agree that all transactions in which they partake do not violate any applicable state, federal and/or international laws.
Bidders agree to provide true and accurate information about themselves in the Foundation Auctions registration form.
Employees, directors, officers and agents of Foundation Auctions and immediate family and household members of such employees are not eligible to bid.
All bids are final and not subject to cancellation by the bidder once submitted. Foundation Auctions is not responsible for bids not being processed or not being accepted due to technical difficulties.
Any and all payments to Foundation Auctions for its services are non-refundable.
Bidders agree to refrain from 'spamming' (sending unsolicited commercial email to other bidders).
All bids are made in increments and are subject to a minimum bid, as posted for each item.
Bid manipulation of any kind is expressly forbidden. No shill bidding is allowed. Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item.
It is a violation of law to make bids in a false name or with an invalid credit card, even if such a bid is initially accepted by the Foundation Auctions software. Please be aware that even if you do not give Foundation Auctions your real name, your web browser transmits a unique Internet address which can be used by law enforcement officials to identify you. Fraudulent bidders may be prosecuted to the fullest extent of the law. Currently, both the FTC and the US Secret Service are responsible for investigating all Internet fraud cases.
Foundation Auctions may, at its sole discretion, terminate service should a bidder’s conduct fail to conform to these Official Auction Rules and Terms of Service. To report a violation of the Foundation Auction Rules, please contact Foundation Auctions by emailing [email protected] .
These Official Auction Rules and the Terms of Service below shall, at all times, incorporate and, in all respects, by subject to and subordinate to the National Hockey League (“NHL”) constitution, by-laws, rules, regulations, interpretations, procedures, policies, and resolutions and the decrees and rulings of the NHL Commissioner or his designee, and the terms and conditions of any and all agreements to which the NHL, and/or its affiliates, is a party and as to which the NHL has bound its member clubs, all as the same may now exist or hereafter be amended or enacted or as they may be interpreted by the NHL Commissioner (“NHL Rules”).
In situations where an item being auctioned is not available for immediate delivery upon the close of the applicable Auction, the purchase transaction shall be contingent upon such item being in compliance with NHL Rules prior to delivery. If such item is deemed to not be in compliance with NHL Rules, the Auction shall be void ab initio, the item shall not be delivered, and the WINNING BIDDER shall be refunded all monies paid in connection with the applicable Auction. Notwithstanding anything to the contrary contained herein, the aforementioned refund shall be the sole and exclusive remedy with respect to any Auction voided in accordance with this Section 22.
Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - The Official Auction Rules and Terms of Service comprise the entire agreement between you (having registered as a “Member”) and Foundation Auctions and supersedes all prior agreements among these parties regarding the subject matter contained herein. By participating in the registration process, Member indicates his/her agreement to be bound by all of the Official Auction Rules and Terms of Service.
PUBLICITY - Notwithstanding anything to the contrary contained herein, unless Member affirmatively opts out, Member agrees, to the extent permitted by law, that Member's use of the Service constitutes Member's permission for Foundation Auctions, Hurricanes Hockey Limited Partnership, and their respective parents, affiliates, and subsidiaries to use Member's name, photograph, likeness, voice, biographical information, bid amounts, bidding history, statements, city and state of residence, for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without compensation.
MODIFICATIONS TO SERVICE - Foundation Auctions reserves the right to modify or discontinue the Service with or without notice to Member. Foundation Auctions shall not be liable to Member or any third party, in tort or in contract, should Foundation Auctions exercise its right to modify or discontinue the Service.
OBLIGATIONS OF FOUNDATION AUCTIONS - Member acknowledges and agrees that Foundation Auctions does not endorse any of the goods that are sold through the Service. Member acknowledges and agrees that Foundation Auctions is not responsible for any damage to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Upon Member's request, NHL will submit to mediation by the Better Business Bureau, disputes arising out of this Service. Member and Foundation Auctions agree that any damages awarded shall not exceed the cost of the merchandise involved with the transaction(s), plus the amount of any direct property damage caused such the product. In no event will either party be liable for incidental or consequential damages.
MEMBER ACCOUNT, PASSWORD, AND SECURITY - Once you become a Member, you will receive a password. Members are entirely responsible for maintaining the confidentiality of their account and password. Furthermore, Members are entirely responsible for any and all activities occurring under their account and password. Member agrees to immediately notify Foundation Auctions of any unauthorized use of Member's account or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOUNDATION AUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOUNDATION AUCTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; FOUNDATION AUCTIONS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY - FOUNDATION AUCTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FOUNDATION AUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOUNDATION AUCTIONS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE BID INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF BIDS AT ANY POINT IN THE OPERATION OF THIS AUCTION; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE AUCTION; (D) INACCESSIBILITY OR UNAVAILABILITY OF THE INTERNET OR THE WEB SITE OR ANY COMBINATION THEREOF; (E) ANY INJURY OR DAMAGE TO MEMBERS OR TO ANY OTHER PERSON'S COMPUTER WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE AUCTION OR DOWNLOAD OR UPLOAD OF ANY MATERIALS IN THE AUCTION. MEMBER AGREES THAT FOUNDATION AUCTIONS (A) SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND IS HEREBY RELEASED FROM, ANY AND ALL COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DEATH AND BODILY INJURY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN THE AUCTION OR ANY AUCTION-RELATED ACTIVITY, OR FROM MEMBERS' ACCEPTANCE, RECEIPT, POSSESSION AND/OR USE OR MISUSE OF ANY ITEM, AND (B) HAVE NOT MADE ANY WARRANTY, REPRESENTATION OR GUARANTEE EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY ITEM, INCLUDING, WITHOUT LIMITATION, TO SUCH ITEM'S QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO RESALE OR COMMERCIAL USE OF THE SERVICE - Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of Foundation Auctions.
OTHER LIMITATIONS - Foundation Auctions retains the right, at Foundation Auctions' sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and Official Auction Rules. Foundation Auctions reserves the right to terminate Service if a Member's conduct is found to be inconsistent with these Terms of Service or Official Auction Rules.
MEMBER CONDUCT - Member is solely responsible for the content of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with United States law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Foundation Auctions may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform to these Terms of Service and Official Auction Rules.
INDEMNIFICATION - Member agrees to indemnify and hold harmless the Foundation, Hurricanes Hockey Limited Partnership, Hurricanes Holdings, L.L.C., Gale Force Holdings, Limited Partnership, DCP HH LLC, KT Sports & Entertainment, Inc., Gale Force Sports & Entertainment, L.L.C., and each of their respective parents, partners, subsidiaries, affiliates, directors, partnerships, principals, governors, representatives, agents, officers and employees, successors and assigns, from any claim or demand, and resulting losses, liabilities and damages (including, but not limited to, reasonable attorneys' fees), due to or arising out of Member's use of the Service, the violation of these Terms of Service or Official Auction Rules by Member, or the infringement by Member, or other user of the Service using Member's computer, account or password of any intellectual property or other right of any person or entity.
TERMINATION - Should Member object to any of these Terms of Service or any subsequent modifications hereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership.
TAXES - North Carolina state sales tax is included (not added to) all winning bids and the applicable returns and taxes are filed with and remitted to the North Carolina Department of Revenue. If your mailing address is located outside of North Carolina, you are encouraged to review the tax laws of your state, province, and locality to determine if you are required to file and pay any sales taxes as a result of your purchase from Foundation Auctions. The amount of state sales tax charged is based on current tax rates.
LAWS - Member and Foundation Auctions agree that the state or federal courts in Wake County, North Carolina shall have exclusive jurisdiction and exclusive venue over any claims arising out of this agreement or out of the parties' dealings or relationship and the parties further agree that North Carolina law (without reference to its conflicts of laws principles) or Federal law, as applicable, shall govern all such claims. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Foundation Auctions' failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Foundation Auctions in writing. Member and Foundation Auctions agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
REQUIRED NOTICE OF CERTIFICATES OF AUTHENTICITY -
With respect to the sale of certain merchandise or auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001): SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise or Auctions, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006): SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
The certificates referenced above will be provided in the form of a certificate of authenticity or a letter from Foundation Auctions.
Donor approves the payments of any charitable donations and/or purchases to Carolina Hurricanes Foundation in the amount set forth therein. For more information about these terms and conditions contact [email protected]