ONE Summit International 2023 Silent Auction Terms and Conditions
ONE Summit International 2023 Silent Auction Terms and Conditions
1. INTRODUCTION
1.1 This Standard Terms and Conditions (“Terms and Conditions”) shall govern the ONE Summit 2023 Silent Auction (“Auction”) that is organized by Realty ONE Group Inc., 23811 Aliso Creek Rd., Ste 168, Laguna Niguel, CA 92677 (“ROG” or “Organizer”).
1.2 By bidding in the Auction, each bidder agrees to these Auction Terms and Conditions and to the terms and conditions of the platform Galabid.
1.3 ROG utilizes third-party platform Galabid to conduct the Auction. A copy of the Terms and Conditions is available via https://www.galabid.com/. Separate terms and conditions by Galabid may apply.
1.4 Auction will be held between February 20, 2023, and February 21, 2023. Organizer reserves the right to vary, postpone or re-schedule the dates at its sole discretion.
1.5 Organizer reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations at its absolute discretion with or without notice to participants.
2. ELIGIBILITY
2.1 Auction is open to all active members of ROG Network. The Auction is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
3. ITEMS
3.1 The following items will be auctioned during the Auction:
- 11 basketballs signed by Shaquille O’Neal
- 11 black and gold authentic deck of cards signed by Molly Bloom
- 11 books titled, “Way of the Wolf: Straight Line Selling,” authored and signed by Jordan Belfort
- 11 books, titled, “You Owe You,” authored and signed by Dr. Eric Thomas
- 11 posters of and signed by Blue Man Group
- ONE custom-designed jacket from Blue Man Group
- ONE custom-designed jacket created for ONE Summit International 2023
3.2 All sales are final. There will be no exchanges or refunds unless otherwise noted. All items are “as is”. Organizer neither warrants no represents and in no event shall be responsible for the correctness of descriptions, genuineness, authorship, provenance or condition of any items. No statement made in these Terms and Conditions, or made orally at the auction or elsewhere, shall be deemed such a warranty, representation or assumption of liability.
3.3 Organizer reserves the right to add or withdraw items, without notice, to or from the Auction.
3.4 Items must be picked up as directed by the Organizer. Any items left behind may be donated or will incur any shipping and delivery fees on behalf of purchaser.
4. WARRANTIES BY PARTICIPANT
4.1 The participant represents, warrants and agrees with the ROG that:
4.1.1. The participant has met all the eligibility criteria and has the right, authority and power to enter into the Auction;
4.1.2. The participant has the right, authority and power to grant the rights set out in Clause 5 of the Terms and Conditions and is under no restriction (contractual or otherwise) that may prevent ROG from utilizing the same.
4.1.3. The participant has not been and shall not be involved or participate in any dishonest, deceptive or fraudulent act or conduct in relation to Auction.
5. ASSIGNMENT OF RIGHTS
5.1 In consideration of ROGA granting to the participant the opportunity to participate in Auction, the participant unconditionally and irrevocably:
5.1.1. Agrees and consents to the photographing filming and recording of the participant and the participant’s voice that such photographs, film and sound recording may be incorporated in or used in any promotional activities at ROG’s sole discretion without any further consent of the participant.
5.1.2. Consents, grants, assign and transfer to ROG the exclusive worldwide rights (without remuneration to the participant and royalty-free) to use, reproduce and exploit the names, sobriquet, autograph, likeness, photographs, portrait, caricature, silhouette, voice, biography, performance, sound recordings and audio-visual recordings of the participant and/or any part thereof and all other products resulting from the participant’s participation in the Auction and by any means (including without limitation the right to incorporate any other materials thereto) and in all media whether now known or hereafter devised for the purpose of promoting, publicity or commercial exploitation of the Auction.
5.1.3. Agrees that the personal data of the participant including, but not limited to, name, mailing address, phone name and email address may be collected, processed, stored and other wise used for the purposes of conducting and administering Auction and used in the ordinary course of ROG’s business as it sees fit.
6. AGREEMENT
6.1 If so required by ROG, the participant shall attend all functions, promotions, publicity and/or campaigns organized by ROG in relation to any promotion and publicity of the Auction and participate in interviews, photo, video and/or film sessions notwithstanding the expiry of the Auction and acknowledge that ROG has the right to use such interviews, publicity photos, videos and/or films in any medium and in any manner it sees fit, without payment of any compensation to the participant whatsoever.
6.2 The participant shall co-operate and comply with all reasonable requests of ROGA in connection with the Auction.
6.3 The participant agrees and undertakes not to commit any act and/or make any statement which might prejudice or damage the reputation of or bring into disrepute ROG or sponsors and/or inhibit or prejudice the successful, production, recording, broadcast and exploitation of the Auction in any way.
6.4 Third-party, sponsor, or vendor may endeavor to fulfill the Auction in place of ROG, in which case the participant agrees to be bound by these Terms and Conditions, and by additional Terms and Conditions by that third-party.
7. INDEMNITY
7.1 The participants forever waive, release, discharge and hold harmless ROG, its affiliates, employees, agents, sponsors, vendors, partners and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the participant or any party claiming through the participant hereafter may have arising out of participant’s participation in the Auction including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
7.2 The participant shall indemnify ROG, its affiliates, vendors, employees, agents and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of the participant’s participation in the Auction.
8. LIMITATION OF LIABILITY
8.1 ROG, its affiliates, employees, agents, sponsors, vendors, partners, and representatives shall not be liable under any circumstances or in any event whatsoever for any error, omission, delay of any kinds, or any acts related to the Auction. This initiative is for charitable purposes only and by organizing this initiative ROG is not promising or entering into any agreement to undertake any acts. Without limiting the foregoing or any other provision herein, ROG's total liability for any and all claims, judgements, and awards against ROG shall not exceed the bid amount paid by the participant. In no event shall the ROG be liable for any attorneys' fees, punitive, indirect, incidental, special, and consequential damages.
8.2 Galabid is a third-party platform used for the Auction. ROGA makes no representations and provides no warranties whatsoever concerning the platform or any other third-parties.
9. ADDITIONAL TERMS
9.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. If any term of these Terms and Conditions is held to be excessively broad or invalid, illegal, or unenforceable in any jurisdiction, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law in conformance with its original intent.