Terms & Conditions
Auction Terms
Effective as of July 17, 2024.
The following auction terms (the "Auction Terms") supplement the Terms of
Use agreement for the Properties, which can be found at this link:
Terms of Use
. These Auction Terms are meant to be read with the Terms of Use, which are
incorporated into these Auction Terms, and which contain additional terms
and conditions applicable to you and your access to and use of the auction
features with respect to auctions run on the Properties (the “Auction” or
collectively, the “Auctions”), regardless of how accessed, and which
includes an
arbitration of disputes provision
. With respect to an Auction, in the event of any conflict between these
Auction Terms and the Terms of Use, these Auction Terms shall control.
Please read these Auction Terms carefully.
BY ACCESSING AND USING THE PROPERTIES FOR AUCTIONS, INCLUDING PLACING A
BID OR OTHERWISE PARTICIPATING IN AN AUCTION, YOU AGREE THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE AND
THESE AUCTION TERMS.
If you do not agree to be bound by the Terms of Use and these Auction
Terms, you may not access or use the Properties for Auctions, place a bid,
or otherwise participate in an Auction. These Auction Terms may be
prospectively changed, modified, or altered by us in our sole discretion at
any time without prior notice. If we materially change these Auction Terms,
we will notify you through a notice, updated Auction Terms on the
Properties or by email (sent to the email address specified in your
account), prior to or upon the change(s) becoming effective as may be
required by law. Accordingly, when you access or use the Properties for
Auctions, including placing a bid or otherwise participating in an Auction,
you should check the date of the Auction Terms and be aware of any changes
since the last version. Your continued use of the Properties for Auctions
after the effective date of a change, including placing a bid or otherwise
participating in an Auction, means that you accept such changes. Your access
to and use of the Properties for Auctions, including placing a bid or
otherwise participating in an Auction, will be governed by the Terms of Use
and Auction Terms in effect at the time of such use or access, bid or other
participation.
Auctions
The following is a general description of how Auctions may be conducted by
us on the Properties. We reserve the right to prospectively change the way
Auctions are run from time to time, including per item and at the last
minute. You should carefully review these Auction Terms and any
item-specific terms and conditions before placing a bid.
Eligibility
In order to participate in an Auction, you must be 18 years of age or older
or the age of majority in your jurisdiction, whichever is greater Employees
of Fanatics who are directly involved in managing, administering or
fulfilling auctions – and employees of any affiliated companies or
contractors with similar responsibilities – along with their immediate
family members and/or those living in the same household of each are not
eligible to participate in an Auction. We may set criteria for determining
eligibility to visit an Auction, to register, to bid in an Auction, or win
an Auction, each in our sole discretion. Without limiting the foregoing, we
may require you to submit additional information (including as to ability
to pay), or seek information about you from third party service providers,
in order to participate or continue participating in an Auction, or in
order to participate in a purchased experience (e.g., a meet-and-greet with
a professional athlete). For example, if an experience is an item offered
in an Auction, successful completion of a background check before you may
participate in an experience may be required, and failure to complete or
pass such a check may result in forfeiture of an item and/or rescission of
the sale.
Bidding
We reserve the right to establish the type of Auction and how bidding will
work for each Auction. Below are certain types of Auctions that we may
conduct:
A. Standard Auction. In a standard auction, the winning bid will be
the bid that is the highest dollar amount at the time the Auction closes,
subject to any applicable reserve amount (see more details on “reserve”
auctions in final paragraph of the section on bidding).
B. Dutch Auction. In a “Dutch auction,” there can be more than one
item at a time available for bidding and there may be as many winning
bidders as there are items available for bidding. You may be able to bid on
multiple quantities of such item(s) (up to as many as items that are
available) and you may adjust the quantity you are bidding on when you
increase your bid. If applicable, we will specify whether a reserve price
applies and the number of items available for bidding in a Dutch auction.
When you place your bid, you will indicate the number of items you are
bidding on. If the highest dollar amount is not higher than the reserve
price at the time that the Auction closes, then there will be no winner of
the Auction. The winning bidders of the Auction will be those individuals
who place the highest dollar amount bid for the Auction above the reserve
price, if applicable, subject to availability. For example, if there are 20
items available and there are more than 20 bidders for those items, the
bidders who place the highest dollar amount bid will be the winning
bidders. The price of each item for the winning bidders will be set at the
lowest dollar amount of the winning bids. For example, if there are 20
winning bidders, and the lowest dollar amount bid of those 20 winning bids
is $10.00, then each of the 20 winning bidders will pay $10.00, plus
applicable taxes, shipping charges and handling fees (as further described
below). In the event of multiple bids for the same quantity that are tied
at the lowest qualifying level at the end of the Auction, the winner(s)
among such tied bids will be determined based on the earliest bid received.
Bidding on an item is an offer to buy the item at the price in the bid, plus
any applicable shipping and/or handling fees, as well as any applicable
sales, use or other similar taxes. You must create an account or have an
active account in order to place a bid for an Auction. A “winning bidder”
is the highest bidder in a standard auction, and will include the group of
highest bidders in a “Dutch” auction equal to the number of items available
for bidding in that auction, as described above.
All bids are made in automatic increments that we will set for each item
(e.g., an increment might be $5, $10, $25 or another amount). Depending on
the type of Auction, you may be able to set a “proxy” bid, which is the
highest amount you are willing to bid. If applicable, you may increase the
“proxy” bid amount but may not decrease it. If you do place a “proxy” bid,
then you agree that (a) we may cause a bid to automatically be made for you
in an amount up to the designated bid increment each time someone bids
higher than your existing bid until your proxy bid amount is reached, and
(b) you will be bound by each bid so made. For example, if proxy bidding is
applicable to an Auction, the increment is $5 and the highest price you are
willing to pay is $100, you can set your proxy bid at $100. If your first
bid is $50 and someone else bids $60, your bid will automatically be
increased by the designated increment amount of $5 to $65; if no one else
bids, your $65 bid will be the winning bid. If someone else bids $105, you
will no longer be part of the bidding because you set your “proxy” bid
limit at $100. All bids must start at a minimum of $1 if no minimum amount
is set for an item, or the minimum amount set for an item if applicable.
Auctions may be subject to a “reserve price,” which is a minimum amount that
must be bid in order for the item to be sold in the auction, in our sole
discretion. The applicability of a reserve price to the Auction will be
posted in the item listing. Only bids placed at or above the reserve price
are eligible to win the auction. If the reserve price is not met by the
time the auction ends, there will be no winner of the auction.
Bidding Requirements
Each bid is a legally binding offer and you may not cancel or withdraw your
bid once placed. When bidding in an Auction, you agree that:
(a) you are making an irrevocable binding offer to purchase the item and
that, if you are the winning bidder, your bid is a legally binding contract
to purchase the item except in certain limited circumstances set out below;
(b) if you are the winning bidder, we may charge your credit card at the
time the Auction closes for the amount that you bid and any applicable
taxes, shipping charges and handling fees;
(c) you are responsible for reading and understanding the full item listing,
the Terms of Use, these Auction Terms and the terms and conditions that
accompany the listing;
(d) you will not take any actions that directly or indirectly manipulate the
bid or the bidding process and that no “shill” bidding (i.e., purposeful
bidding, alone or in coordination with others, on an item to artificially
drive up the price of such item) is permitted;
(e) you will not bid on any item which violates any law, rule or regulation
to which you are subject and that if you do so your bid is considered null
and void.
Auction closing times are approximate, and we reserve the right to close an
Auction early or later than the scheduled time or to cancel an Auction in
its entirety for any reason or no reason. If there is an “Auto Bid Extend”
feature or extended bidding is displayed on a listing page, then bidders
may have a chance to “challenge” bids placed, meaning place a higher bid
than the then-current highest bid in the final moments of an Auction. If
“Auto Bid Extend” is indicated on a listing page, that means that if a bid
is placed during the last 5 minutes of an Auction (or such other time
period as we may designate), the Auction will automatically extend for an
additional 5 minutes (or such other time period as we may designate) from
the time of the latest bid. The Auction will close once all bidding
activity has stopped for a period of 5 minutes (or such other time period
as we may designate).
We may set or change minimum bids, bid increments, reserve prices, extended
bidding periods, and other bidding terms in our sole discretion. We reserve
the right to limit, change, cancel, extend or relist any Auctions, without
prior notice, even after bids have been submitted. We reserve the right to
rescind a sale or otherwise not deliver an item/lot to a winning bidder
where, in our reasonable discretion circumstances warrant such action,
including, without limitation, in the event of delayed payment or
non-payment, breach of these Auction Terms or the Terms of Use, loss or
destruction of the item (including when we do not receive the item),
difficulties in collecting payment from or arranging for delivery to
winners, refusal to submit a required form (liability waiver, media
release, eligibility affidavit, or otherwise), bids placed by ineligible
parties, and any error or omission by us, a donor, or any other party. For
example, we or a third party involved in an item or experience may require
you and/or your guest (if applicable) to sign a liability waiver,
confidentiality agreement, and/or publicity release in order to participate
in an experience. Your or any of your guests’ failure to comply with such
requirement may result in forfeiture of the item and/or rescission of the
sale.
Network access and speed varies by person, platform and location, and cannot guarantee the timing of your bid, or our receipt of your bid. Your bid in an auction is subject to confirmation and/or verification and is not valid until acknowledged in the Auction.
Account Creation; Payment Information
You are required to create an account or have an existing account in good
standing in order to place a bid in an Auction and your accounts, your
participation in Auctions, and your more general use of the Auction services
are subject to our Privacy Policy [INSERT LINK]. Payment for Auction items
will be collected at the close of an Auction if you are the winning bidder.
Within the timeframe specified, we must receive payment in full in the
amount of the winning bid, plus any applicable taxes, shipping charges and
handling fees before any item is delivered. To the extent the Auction
Items are available on-site for pick-up and you elect pick-up as your
delivery method at checkout, you will not be charged for shipping. Title
shall not pass to you until such time. Failure to complete valid payment
within the time specified in any notification we send you about a failed
payment may result in us voiding and canceling your bid.
All Auction Items Sold “AS IS”; No Returns or Refunds
To the furthest extent permitted by applicable law, all Auction items are
sold AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. All sales are final, and
we do not accept returns or issue refunds.
FanCash; Promotions and Coupons
FanCash may not be used as a form of payment in any Auction. Any Auction
purchases you make on the Properties will not be eligible for earning
FanCash. No Offers, such as discounts, promotional codes or coupons, may be
applied to any Auctions.
Taxes, Shipping Charges and Handling Fees
All Auction bids are shown in U.S. dollars and are valid and effective only
for items auctioned and shipped from the U.S.; applicable taxes, shipping
charges and handling fees are additional. To the extent the Auction Items
are available on-site for pick-up and you elect pick-up as your delivery
method at checkout, you will not be charged for shipping. Each winning
bidder agrees to pay all applicable taxes, shipping charges and handling
fees, in addition to the winning bid amount. Actual taxes charged may
differ from those shown at the time of bid placement, as changes in
applicable tax laws, a change in shipping address, or other factors, may
result in the applicable tax amount changing between the time the bid is
placed and the time the Auction closes. In our discretion, we may require
you to arrange for pick-up of an item, and, if we do, it will be posted in
the item listing. Risk of loss will transfer to the winning bidder upon
transfer of the item to a common carrier or, in the case of pick-up, to
you. Delivery method may vary by item, type, location, and availability.
Because of delays and difficulties sometimes outside of our control, we
cannot make any commitment as to the exact delivery method or timing of
delivery. Deliveries will be made only to addresses in the 50 United States
or District of Columbia.