Auction Terms & Conditions
SUMMER SOLSTICE PHOTO AUCTION
TERMS AND CONDITIONS
By using this website and/or participating in the Summer Solstice Photo Auction (the "Auction"), you agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions"). Please review these Terms and Conditions from time to time, as they are subject to change without notice.
WHO CAN PARTICIPATE:
You must be 18 years of age or older and a legal resident of (and physically residing within) the 50 United States or the District of Columbia and must have valid email address to participate in the Auction. Employees of Bravado International Group, 1755 Broadway, 2nd Floor, New York, NY 10019 (“Sponsor”) and its parent company, agents, affiliates, subsidiaries, sales representatives, distributors, retailers, auction partners, and each of their respective parent companies, advertising, fulfillment, promotion and advertising and media agencies, and any other person engaged in the development, production or distribution of auction materials, and their immediate families (spouse, parents, siblings and children, and each of their spouses, regardless of residence) and persons residing in the households of each of these individuals, whether related or not (“Auction Entities”) are not eligible to participate.
To participate in the Auction, you must create an Auction account (“Account”) by registering at https://shop.gretavanfleet.com/ (the “Website”) and following the instructions to register. Limit one Account per person or per valid email address. In the event of a dispute in which an Account was opened by multiple users, the authorized subscriber of the email is deemed to be the natural person who is assigned the email address by an internet access/service provider or other organization authorized to assign email addresses for that domain. You will also be given the option to opt-in to receive more information via email on special events and promotions by Sponsor and its partners. You are responsible for maintaining the confidentiality of your Account ID and password, and the Account ID and password are needed for all activities that occur on the Website.
What if I receive an error message when trying to create an account or password? If you have issues creating your account or need any account assistance, please reach out to our customer care team at GretaVanFleet@umgstores.com for help.
Auction Time. You may start bidding as of 3:00:00 pm Eastern Time (“ET”) on June 21, 2022. Auction consists of five (5) individual Auction items (“Auction Item(s)”) occurring at the same time. The Auction has a published start date and time and close date and time, as indicated on the Auction page. No bids will be accepted after an Auction closes.
Entering Your Bid & Bidding Increments. Every Auction Item will have an opening bid, which is the minimum you must bid to start the Auction for that item. Any bids placed below the highest bid will not be accepted. Each Auction and the corresponding Auction Item(s) are conducted independently, and the formats and minimum bids may change from Auction to Auction and Auction Item to Auction Item. The Sponsor reserves the right to limit the total number of bids that may be placed per day and per Auction or Auction Item. Bids will not roll over to subsequent Auctions or Auction Items of the same or similar item. Each participant will receive an e-mail to confirm your bid has been received, when you have been outbid, when you are the highest bidder for an Auction Item, and when you are the highest winning bidder for an Auction item.
Increasing Your Bid. If someone bids more than you, you may continue to increase your initial bid as long there is time left in the Auction. Each Auction and Action Item will have a minimum bid, as determined by the Sponsor. You cannot bid against yourself.
Retracting Your Bid: If at any time, you need to retract your bid for any reason prior to the conclusion of the Auction, you must send an email to GretaVanFleet@umgstores.com requesting that your bid be retracted and providing the reason. Approval or denial of retraction of bid will be at the sole discretion of the Sponsor and status of a retraction request will be sent via email confirmation by Sponsor after decision to retract has been reviewed.
Highest Winning Bid/Auction Closed. The bidding will continue until the close date and time as indicated on the Auction page. No bids for any Auction Item will be accepted after an Auction closes. When the Auction ends, the person with the highest winning bid will receive the Auction Item (provided he/she complies with and is eligible under these Terms and Conditions). In the event more than one bidder submits a bid for the same amount, the bidder who places his/her bid first, as determined by Auction’s date and time stamp will be the winner. By participating, you (and if an eligible minor, your parent or legal guardian) agree that the decisions by the Sponsor are final on all matters relating to the Auction. All highest winning bids will be subject to verification. Any additional restrictions applicable to an Auction Item will be posted on that Auction’s page.
How Can I Make Sure I Receive Auction Emails? All bidding notices, winning confirmation emails and other important communications are managed through email as part of your agreement of the Auction Terms & Conditions. To ensure delivery of Auction communication emails directly to your inbox, please add GretaVanFleet@umgstores.com to your “Address Book” and “Safe Senders List” when you register for the Auction. Sponsor is not responsible for misdirected emails or undeliverable emails. It is your sole responsibility to ensure that you receive our emails. If you are confirmed as the highest winning bidder in an Auction and do not receive your winning confirmation email within twenty-four (24) hours after the Auction closed, send an email to GretaVanFleet@umgstores.com requesting a re-issue of your confirmation email.
CLAIMING YOUR AUCTION ITEM:
Auction Item Restrictions & How do I Pay for My Items?
If you are the highest winning bidder for an Auction Item, follow all online instructions to pay for the Auction Item within twenty-four (24) hours of winning the Auction or your winning bid will be forfeited and at the Sponsor’s sole discretion, the second highest bidder will be given the opportunity to purchase the forfeited Auction Item. Your Auction Item will be shipped within approximately one to ten (1-10) days following payment verification. Any payment made with a stolen or declined debit/credit card will result in the cancellation of your winning bid. You will be responsible for any expenses not explicitly stated in the description of the Auction Item, including shipping and handling (unless otherwise noted), and, but not limited to, any applicable taxes. You are not allowed to substitute, transfer or redeem the Auction Item for cash.
How Do I Get My Item(s)?
Your Auction Item will be shipped to the mailing address provided at time of payment. All Auction Item(s) will be shipped with signature required upon receipt. If you won more than one Auction Item or if your Auction Item contains more than one part, such items or parts may be shipped separately. We are not responsible for any damages, losses, or delays in connection with any shipments to you.
Do you combine shipping costs for multiple items? If you won more than one Auction Item or if your Auction Item contains more than one piece, your items may be shipped separately in Sponsor’s sole discretion.
How much does shipping cost? Shipping costs of Auction Item(s) vary depending on the size and weight of the Auction Item(s) and the ship-to location. Shipping cost(s) will be calculated at checkout.
What is your shipping policy? Shipping and delivery dates are not guaranteed unless otherwise specified. All shipping timelines are estimated. Sponsor is not liable for delays due to carrier, regardless of shipping method. Shipping delays will occur if an incorrect address is provided at the time of checkout. Sponsor is not responsible for any lost packages due to your provision to Sponsor of an incorrect shipping address at the time of checkout. If the package containing the product(s) you ordered is returned to Sponsor due to a shipping error, Sponsor will contact you, via the email you provided with your shipping information, for an updated address to send the product(s). If Sponsor does not receive a response within ten (10) business days of contacting you, Sponsor reserves the right to refund your order.
For any other questions regarding shipping or delivery, please refer to our general FAQs here or contact us at GretaVanFleet@umgstores.com for further assistance.
What is your return policy? Auction Item sales are final. There will be no refunds, exchanges, or transfers for auction purchases.
How do I track my items? If you have selected a trackable shipping method at checkout, you will receive tracking information for the Auction Item(s) shipped to you via the email you provided with your shipping information. Trackable shipping methods can take up to three (3) days for tracking information to update.
We may disqualify or refuse any bid we believe to be fraudulent, illegitimate, or in violation of these Auction Terms and Conditions, and your Account and right to participate in subsequent Auctions may be terminated.
- Void outside the 50 United States or the District of Columbia and where prohibited by law.
- All questions or disputes regarding the Auction, including, without limitation, those involving eligibility and participation, will be resolved by Sponsor, in its sole discretion. Sponsor also reserves the right to cancel or amend any live Auction covered herein or any of its components at any time without notice or liability of any kind.
- No cash equivalent or substitution of Auction Items except by Sponsor, who reserves the right in its sole discretion to substitute an Auction Item with one of comparable or greater value in the event the offered item becomes unavailable. Unless the Sponsor provides an opportunity to a second highest bidder to purchase a forfeited Auction Item, any unclaimed Auction Item will be auctioned off separately.
- All materials on this Website, including, but not limited to, images, illustrations, and descriptions are protected by copyrights, trademarks and other proprietary rights. No material from this Website may be copied, reproduced, republished, displayed, uploaded, posted, transmitted, or distributed in any way.
By participating, you (and if a minor per your state’s jurisdiction, your parent or legal guardian) agree(s) (and agrees to confirm in writing if requested) to: a) these Terms and Conditions and the decisions of the Sponsor, which shall be final and binding in all respects; and to b) release, discharge, indemnify and hold harmless Sponsor and its parent company, agents, affiliates, subsidiaries, distributors, sales representatives, retailers, auction contractors and/or partners, and each of their respective parent companies, advertising, fulfillment, promotion and interactive agencies, contractors and any others engaged in the development, production or distribution of promotion materials for this Auction (and all said entities and individuals are herein, collectively, referred to as the “Releasees”) from any and all liabilities, claims and/or damages arising out of your participation in the Summer Solstice Photo Auction covered herein.
- YOU (OR, IF A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE(S) THAT THE RELEASEES WILL NOT BE RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF ANY LINKED WEBSITES. USE OF ANY LINKED SITES IS AT YOUR OWN RISK.
- YOU (OR, IF A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE(S) THAT YOUR USE OF THIS WEBSITE OR PARTICIPATION IN THE AUCTION, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE AUCTION ITEMS, IS AT YOUR SOLE RISK. THE RELEASEES (AS DEFINED ABOVE) EXPRESSLY DISCLAIM ALL LIABILITY FOR AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL AUCTION ITEMS ARE PROVIDED “AS IS” AND ARE NON-RETURNABLE AND NON-REFUNDABLE.
- THE RELEASEES MAKE NO WARRANTY THAT THE AUCTIONS OR THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.
- UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THIS WEBSITE, (2) YOUR PARTICIPATION IN THE SUMMER SOLSTICE PHOTO AUCTION , (3) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE ANY AUCTION ITEM, OR (4) ANY FAILURE, DELAY, OR DECISION BY SPONSOR IN ADMINISTERING THIS AUCTION.
- The Releasees are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming malfunction or by any technical or human error which may occur in the processing of bids. The Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of bids. The Releasees are not responsible for any problems, errors or technical malfunction of any telephone network lines, computer systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials related to the Summer Solstice Photo
- If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary, and the other provisions herein shall remain in full force and effect.
- Any failure to follow these Terms and Conditions may result in the termination of your Account and any further participation in any Auction and/or the forfeiture of your right to any Auction Item.
- Sponsor may prohibit any person from becoming a user if their registration, and/or any portions thereof, contains (at the sole determination of the Sponsor or official judges) any obscene, indecent, hateful, unnecessarily violent, sexually explicit or derogatory language, any personally identifiable information and/or any other message, image and/or impression that is deemed inappropriate.
- Sponsor may prohibit any person from participating in an Auction if, at its sole discretion, it feels such person (i) has tampered with the registration process or the operation of the Website or Auction, (ii) repeatedly shows a disregard for the Terms and Conditions, or (iii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass any other participants, the Sponsor or any other party, or (c) in any other disruptive manner.
- By participating in the Summer Solstice Photo Auction relating thereto, each participant (or, if a minor, his/her parent or legal guardian) agrees to release and hold the Releasees harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy, either directly or indirectly related to or arising from participating in the Summer Solstice Photo Auction, or from acceptance, possession, misuse, or use of any Auction Item (including any travel or activity related hereto).
- ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- SPONSOR MAY DISQUALIFY ANY PARTICIPANT IF, IN ITS SOLE DISCRETION, IT DETERMINES THAT SAID PARTICIPANT IS ATTEMPTING TO UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION BY CHEATING, DECEPTION, OR OTHER UNFAIR PLAYING PRACTICES INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY AUTOMATED LAUNCHING OR ENTRY SOFTWARE OR ANY OTHER MECHANICAL OR ELECTRONIC MEANS THAT PERMIT A PARTICIPANT AUTOMATICALLY TO REPEATEDLY REGISTER, BID OR OTHERWISE CONDUCT OTHER ONLINE ACTIVITY THAT IS PROHIBITED.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New York, NY, USA, without reference to its conflict of laws provisions. You (or, if a minor, your parent or legal guardian) agree(s) to submit to the exclusive jurisdiction of the federal, state, and local courts located within New York, NY, USA. By participating, each participant (and if a minor, your parent or legal guardian) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of New York, NY, USA, without giving effect to any choice of law or conflict of law rules (whether of New York, NY or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York, NY, USA.