Vince

SILENT AUCTION

OFFICIAL RULES

 

1. ELIGIBILITY: The Vince Auction for Relief  (“Auction”) is open only to legal residents of the United States who are 13 years or older (or as may be otherwise specified by Administrator with respect to certain items to be sold at the Auction) and participating in the online silent auction event for the benefit of Meals on Wheels America and God’s Love We Deliver (each, a “Non-Profit Organization or “NPO”) and administered by Vince, LLC (the “Administrator”) beginning on April 16, 2020 at 9:00 A.M. EST and ending on April 17, 2020 at 6:00 P.M. PST (the “Event”). Auction is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Auction.  Being awarded a winning bid is contingent upon fulfilling all requirements set forth herein. Void where prohibited. 

 

2. HOW TO ENTER AND BID: To enter, access the Auction website at https://betterunite.com/Vince-vincesupportscovid-19relief provide applicable contact information and submit your bid(s) for any available Auction items.  All bidding shall take place via the online fundraising and donation management platform hosted by BetterUnite, LLC (“BetterUnite”).

 

3. ENTRY PERIOD:  The Auction begins on April 16, 2020 at 9:00 A.M. EST and ends on April 17, 2020 at 6:00 P.M. PST (the “Entry Period”).  Administrator is the official timekeeper for purposes of the Auction. 

 

4. SELECTION OF SUCCESSFUL BIDS AND DESIGNATION OF NON-PROFIT ORGANIZATION BENEFICIARY:   On or about April 18, 2020, Administrator will confirm the highest bidder for each Auction item from all eligible entries received during the Entry Period.  Each potential highest bidder will be notified through the BetterUnite platform that his/her bid has been selected and shall be asked to select the NPO that shall be the designated beneficiary for the applicable sale. Any potential highest bidder must designate a NPO beneficiary and may be required to show proof of being the authorized account holder.  Being confirmed the highest bidder for any Auction item is contingent upon compliance with these Official Rules. If the potential highest bidder cannot be contacted within fourteen(14) days of the close of the Entry Period, fails to submit full payment for the applicable Auction item, or fails to provide any other requested information within the required time period, such Auction item is returned as undeliverable, and the potential highest bidder forfeits all rights to such Auction item. In the event that any bidder is disqualified for any reason, Administrator may award an Auction item to an alternate bidder by selecting the next highest bid from among all remaining eligible entries.  For any Auction item, only three (3) alternate highest bids shall be selected, after which the Auction item will remain un-awarded. 

 

5. FINAL SALE:  Administrator shall make every effort to properly describe all Auction items. All payments for Auction items shall be made through the BetterUnite platform and entrants shall be responsible for any personal credit card fees and any processing, transaction or other related fees or costs incurred through such platform when completing any sale.  All sales are final, and items are sold “AS IS”. Neither NPO or Administrator warrants or represents, and in each case neither shall in any event be responsible for the correctness of description, genuineness, authorship, provenance or condition of property. No statement contained in the online auction bid boards or made during the Entry Period by either NPO or Administrator on Websites, any social media accounts or elsewhere shall be deemed to be a warranty, representation, or assumption of liability by NPO, Administrator, or their respective sponsors, benefactors or other partners who have made donations to NPO. 

 

6. AUCTION ITEMS:   The available items for auction, and each item’s fair value, minimum bid and bidding increments are as follows:

 

 

Auction Item	Fair Value	Minimum Bid	Bidding Increment
THE WOMEN'S LUXURY SET	$4,849	$475	$50
WOMEN’S BEST ZOOM WARDROBE STAPLES	$3,094	$425	$50
LOOKING AHEAD: WOMEN’S OFFICE ESSENTIALS	$2,522	$250	$50
THE MEN’S LUXURY SET	$2,180	$225	$50
WOMEN’S AT-HOME LUXURY FAVORITES	$1,870	$200	$50
ONE YEAR OF DOM VETRO SUNGLASSES	$1,800	$200	$50
MEN’S WARM WEATHER ESSENTIALS	$1,600	$175	$50
WOMEN’S WARM WEATHER FAVORITES	$1,557	$175	$50
LOOKING AHEAD: MEN’S OFFICE ESSENTIALS	$1,530	$175	$50
HAOMA SIX-PIECE PRODUCT SUITE – TWO SETS	$1,250	$125	$50
MEN’S AT-HOME LUXURY FAVORITES	$925	$125	$50
PAIR OF SIMONE BODMER-TURNER CERAMIC VESSELS	$850	$115	$50
SET OF STERLING SILVER AGMES PENDANT AND EARRINGS	$550	$85	$25
PAIR OF JANESSA LEONE FELIX HATS	$390	$75	$25
MARIAH LYONS VIRTUAL ENERGY HEALING SESSION	$385	$75	$25
SET OF THREE KATIE THOMPSON CANDLESTICKS	$375	$75	$25
MAMA MEDIINE VIRTUAL MEDICINE READING	$355	$75	$25
COLLECTION OF J.HANNAH NAIL POLISH	$342	$75	$25
8.6.4 PEARL THREADER EARRINGS IN 14K GOLD	$297	$50	$25
CAMPO RELAXATION AND IMMUNITY KIT	$256	$50	$25
MISS GRASS STRESS RELIEF KIT	$225	$50	$25
KAYU BEHATI TASSEL STRAW TOTE	$135	$25	$15
8.6.4 LARGE BRASS STUD EARRINGS	$134	$25	$15
VIRTUAL MEDITATION SESSION WITH THALIA RANDOLPH	$125	$25	$15
8.6.4 BRASS LEAF CUFF	$121	$25	$15
LORIA STERN SHORTBREAD COOKIES - 2 BOXES	$96	$15	$10
UMA OILS PURE BLISS WELLNESS CANDLE	$68	$15	$10

 

Any winning bid over the fair market value of the item is considered a donation and may be tax-deductible.  For additional information, all winning bidders are advised to consult their tax advisor for further guidance.

 

7. GENERAL TERMS & CONDITIONS:  Administrator reserves the right to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Auction. 

 

8. ENTRY CONDITIONS AND RELEASE:  By participating, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator which are binding and final in all matters relating to the Auction; (b) release and hold harmless the NPO and Administrator, and their respective parents, subsidiary, and affiliated companies, the Auction item suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Auction, and all of their respective past and present officers, members, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s bid entry, creation of a bid entry or submission of a bid entry, participation in the Auction, acceptance or use or misuse of an Auction item (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry of a bid; and (c) indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Auction and/or entrant’s acceptance, use or misuse of an Auction item.

 

9. LIMITATIONS OF LIABILITY:  The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in Auction; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the bid entry process or the Auction; (d) technical or human error which may occur in the administration of the Auction or the processing of bid entries; (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Auction or receipt or use or misuse of any Auction item; or (f) any lost, late, misdirected or postage due entries.  No more than the stated number of Auction items will available for bidding and award. In the event that production, technical, programming or any other reasons cause more than stated number of Auction items as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of Auction items in accordance with these Official Rules.  By entering this Auction, the Entrant agrees to the following Statement:  I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows:   “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”  The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

 

10. DISPUTES:  Except where prohibited by law, as a condition of participating in the Auction, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Auction, including but not limited to Auction items awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Auction), and entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and NPO in connection with the Auction, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

  

11. ENTRANT’S PERSONAL INFORMATION: Information collected on-line from entrants is subject to the NPO’s and Administrator’s respective Privacy Policies.  Administrator’s Privacy Policy can be found at:  http://www.vince.com/privacy-policy/page/privacy.  Entrants understand that he/she is providing his/her information to NPO and Administrator. 

 

12. SEVERABILITY: If any provision of these Official Rules shall be held invalid or unenforceable, such provision shall be deemed deleted from these Official Rules and replaced by a valid and enforceable provision which so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions of these Official Rules shall continue in full force and effect.

 

13. ADMINISTRATOR: Vince, LLC, 500 Fifth Avenue, 20^th Floor, New York, NY 10110.