T.J. MARTELL FOUNDATION AUCTION AND DONATION GUIDELINES
The T.J. Martell Foundation ["The Foundation"] and its, trustees, staff, representatives, auctioneers and volunteers ["Foundation Parties"] are not responsible for the accuracy of the descriptions of auction items. In some instances, the descriptions incorporate materials or descriptions provided by donors. Prospective bidders should make their judgments regarding the quality and value of the auction items.
Trips or events included in an auction item, either in whole or in part, must be arranged by the donors and the winning bidder on a mutually convenient date. Purchasers must schedule events within twelve (12) months of the auction unless otherwise specified. Some trips and events cannot be rescheduled.
All wine and other items are sold "as is," and neither The Foundation nor the Foundation Parties make any warranty or representation regarding the items that are part of the auction.
The Foundation and/or the Foundation Parties, including any individuals acting as Auctioneers, shall have the right to add or withdraw any auction item, reject any auction bid, and resolve any dispute about any auction item, or any bid on an auction item before the announcement of the winning bid. Bids are not valid unless the individual acting as Auctioneer acknowledges them as SOLD. The highest bidder will be considered the purchaser by the individual acting as Auctioneer. The Foundation's records shall be final if any dispute arises after the sale.
The Foundation is a tax-exempt corporation under Internal Revenue Code Section 501(c)(3). An auction bidder may have the ability to deduct a portion of the price paid in excess of its fair market value, as a charitable contribution. Still, each bidder should consult their tax accountant or tax advisor regarding such deductibility for state and/or federal tax purposes. The winning bidder must pay any Sales Tax Payments directly to the Foundation, if owed.
Item Removal and Shipment: The winning bidder must pick up their winning items the night of the auction, unless special arrangements are made. Any unclaimed item without prior arrangements with the Foundation or its designee will be sold, and proceeds will go to the Foundation. If requested to ship the items, the Foundation may, in its discretion, agree to ship such items, with all costs and expenses of shipping to be paid by the winning bidder. The Foundation cannot ship wine.
Assumption of Risk and Hold Harmless: Each person bidding assumes all risks and hazards related to the auction items purchased. Each bidder agrees to hold harmless the Foundation and the Foundation Parties, including, without limitation, their appointed officials, members, employees, the auctioneers and its agents and employees, the event organizers, sponsors, and/or volunteers connected with the conduct of the auction from any liability arising directly or indirectly from the winning bidder's purchase of the auction item(s).
Photo Disclaimer: When you enter any T.J. Martell Foundation event, you are entering areas where photography and video recordings may occur. By entering within these grounds, you consent to photography and video recording, and it's/their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecast, advertising, or inclusion on websites, social media, or for any other purposes by The T.J. Martell Foundation.
