SIXERS YOUTH FOUNDATION SNEAKER AUCTION - OFFICIAL RULES
By registering for the Sixers Youth Foundation Sneaker Auction ("Auction"), each "Bidder" accepts and agrees to adhere to and be bound by the following Auction rules:
1. This Auction is being administered by Sixers Youth Foundation. The Auction is an online Auction and any and all bidding will occur exclusively online at https://SYF.givesmart.com. Sixers Youth Foundation may terminate, extend, or suspend the Auction in its sole discretion.
2. THIS AUCTION IS INTENDED FOR ENTRY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (INCLUDING UNITED STATES MILITARY PERSONNEL OR CONTRACTORS ENTERING FROM WITHIN A U.S. MILITARY INSTALLATION). Void in Puerto Rico, the U.S. Virgin Islands, all other U.S. territories and possessions, and where prohibited by law. Bidders must be at least eighteen (18) years of age at time of entry.
3. Bidders may bid on the items in the Auction from the time the Auction commences, on February 6, 2024 at 12:00 P.M. Eastern Time ("ET") until the Auction closes, on February 12, 2024 at 9:30 P.M. ET. Once the Auction closes, no additional bids will be accepted.
4. Bidders with the highest bid ("Winning Bidder") for the items will be notified within twenty-four (24) hours following the end of the Auction of their winning status and payment will be processed. Winning Bids may not be withdrawn, and Winning Bidders are obligated to make full payment. If a Winning Bidder cannot be contacted, or if payment is not received in full, within (3) three days of contact first being initiated, the Sixers Youth Foundation reserves the right to disqualify that Bidder and deem the next highest bidder on the item to be the Winning Bidder. If a subsequent Winning Bidder cannot be contacted, or if payment is not received in full, within three (3) days of contact first being initiated, the Sixers Youth Foundation reserves the right to continue the process of disqualification and notification of subsequent Bidders, or to remove the item from sale.
5. Once a Bidder is identified as the Winning Bidder on the item, all sales are final. The item includes only what is specified in the description. Sixers Youth Foundation makes no representation or warranty that the item can be sold, bartered, or traded for or at the stated approximate retail value. Values are subject to market conditions, which can fluctuate.
6. All items are "AS IS". The Sixers Youth Foundation has attempted to describe the item correctly, but neither warrants nor represents and in no event shall be responsible for the accuracy of descriptions, genuineness, authorship, provenance, condition of the items, title and non-infringement, merchantability or fitness for any particular purpose. No statement made in the descriptions of the item or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.
7. The approximate retail value listed is an estimate of fair market value.
8. For purposes of this Auction, a valid bid only occurs when the Sixers Youth Foundation's servers record such bid online. The Sixers Youth Foundation and its affiliates shall have no liability whatsoever for any attempted entry which is not received as set forth herein. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of Sixers Youth Foundation's validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.
9. PLEASE NOTE THAT EVEN IF A BIDDER IS LISTED AS A POTENTIAL WINNER AT THE CLOSE OF THE AUCTION,BIDDER HAS NOT YET WON THE ITEM(S). THE POTENTIAL WINNING BIDDER OF THE ITEM IS SUBJECT TO VERIFICATION BY THE SIXERS YOUTH FOUNDATION, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS (AS DETAILED IN SECTION 2 ABOVE) AND THE TERMS OF THESE OFFICIAL RULES BEFORE A WINNING BIDDER WILL BE CONFIRMED AS A WINNING BIDDER AND THE ITEM WILL BE AWARDED.
10. Following payment and verification, the Auction item will be shipped to the Winning Bidders. Winning Bidders will be required to supply shipping information to: Alexa Milanesi ([email protected]), [AM3] [CK4] who can also answer any questions.
11. The Sixers Youth Foundation reserves the right to add or withdraw the item, without notice, to or from the Auction.
12. No substitution or transfer of the item will be permitted, except by The Sixers Youth Foundation, who reserves the right at its sole discretion to substitute the item with another prize of equal or greater value. All other expenses associated with the item's acceptance not mentioned herein are the sole responsibility of the Winning Bidder. No substitution, assignment or transfer of the item is permitted except by The Sixers Youth Foundation.
13. All Winning Bidders and The Sixers Youth Foundation acknowledge that all or certain parts of the item otherwise called for under this Auction may become unavailable to The Sixers Youth Foundation or Winning Bidder, may become impossible or impracticable to provide, or may impose an economic burden on The Sixers Youth Foundation materially greater than the burden it could reasonably have expected to incur on the date hereof (each, an "Unavailable Item"). With respect to any Unavailable Item, The Sixers Youth Foundation shall have the right, in lieu of such Unavailable Item, to provide to the Winning Bidder one or more substitute benefits of reasonably comparable type and having substantially the same value as the Unavailable Item (as determined by The Sixers Youth Foundation in its reasonable discretion) (a "Substitution"). Any action by The Sixers Youth Foundation in accordance with the preceding sentence shall satisfy all of The Sixers Youth Foundation's obligations hereunder with respect to the Unavailable Item, and The Sixers Youth Foundation shall be deemed to have timely cured any discrepancy arising from the failure to provide such Unavailable Item.
14. The Auction is conducted in the English language and the Sixers Youth Foundation shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Auction.
15. The Sixers Youth Foundation is not responsible for any inability to conduct the Auction or award the item as a result of any act of God, labor stoppage strike, or lock out, or other reason beyond the control of The Sixers Youth Foundation.
16. If for any reason this Auction is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of The Sixers Youth Foundation which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Auction, The Sixers Youth Foundation reserves the right, at its sole discretion, to disqualify any individual who tampers with the bidding process and to cancel, terminate, or suspend the Auction, in whole or in part, at any time, without notice and award the item to the current highest Bidder as of this termination date. The Sixers Youth Foundation assumes no responsibility for (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, (ii) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Bidder's or any other person's computer relating to or resulting from participation in this Auction or downloading or uploading any materials in connection with this Auction.
17. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ONLINE MEDIA OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS OR THE ONLINE MEDIA RULES AND REGULATIONS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SIXERS YOUTH FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Each Bidder accepts and assumes all risks and hazards related to the Auction, such person's participation in the Auction, and the item obtained at the Auction.
19. Each Bidder agrees to release and hold harmless from any liability arising indirectly from Sixers Youth Foundation, Philadelphia 76ers, L.P., the National Basketball Association, and each of their respective directors, officers, employees, members, affiliates and subcontractors, successors and assigns, the auctioneer(s), the auction company and its agents and employees, the event organizers, sponsors, and/or volunteers connected with the auction, including any and all costs, fines, claims, injuries, losses, damages or liabilities of any nature whatsoever to persons or property, which such person may now or hereafter assert, including but not limited to claims for injury, death, illness or damages, resulting in whole or in part, directly or indirectly, from acceptance, receipt, ownership, possession, misuse or use of any item or experience purchased in connection with the Auction. Each Bidder further waives any right to claim ambiguity in the operation of the Auction or in these Official Rules.
20. Each Bidder agrees that Sixers Youth Foundation and Philadelphia 76ers, L.P. have made no representation, warranty or guaranty, expressed or implied, in law or in fact, relative to the operation of the Auction or to any items or experiences, and are not responsible for any errors in the operation of the Auction, or the items or Experience Auction Item available for purchase through the Auction.
21. Each Bidder waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages from or against Sixers Youth Foundation, Philadelphia 76ers, L.P., the National Basketball Association, and their respective directors, officers, employees, members, affiliates and subcontractors, successors and assigns.