Vince

THE VINCE HOLIDAY AUCTION FOR WILDFIRE RELIEF

OFFICIAL RULES

 

1. GENERAL DESCRIPTION AND ELIGIBILITY: The Vince Holiday Auction for Wildfire Relief (“Auction”) is open only to legal residents of the United States who are 13 years or older and participating in the online silent auction event administered by Vince, LLC (the “Administrator”) beginning on Saturday, December 5, 2020 at 6:00 A.M. PT until Sunday, December 6, 2020 at 6:00 P.M. PT (the “Event”).  Each product and/or service sold during the Auction is a sale made solely by Administrator, and Administrator shall donate 100% of the purchase price from each such sale (which shall not include any applicable fees described in these Official Rules) to The California Community Foundation’s Wildfire Relief Fund.  No participant shall be eligible to claim a charitable deduction for making an Auction purchase.  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://www.betterunite.com/Vince-thevinceholidayauctionforwildfirerelief to 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 Saturday, December 5, 2020 at 6:00 A.M. PT until Sunday, December 6, 2020 at 6:00 P.M. PT (the “Entry Period”).  Administrator is the official timekeeper for purposes of the Auction.

 

4. SELECTION OF SUCCESSFUL BIDS:   On or about December 7, 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. Any potential highest bidder 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 item purchases shall be inclusive of sales tax (unless otherwise required in accordance with applicable law) and 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”. Administrator makes no warranty or representation with respect to, nor shall Administrator 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 Administrator on Websites, any social media accounts or elsewhere shall be deemed to be a warranty, representation, or assumption of liability by Administrator.

 

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

 

Auction Item	Item No.	Fair Value	Minimum Bid	Bidding Increment
Serious Luxury for Her	001	$              2,995	$                  750	$                   100
Rose Colored Favorites	002	$              2,440	$                  725	$                   100
Serious Luxury for Him	003	$              1,695	$                  500	$                      75
Cashmere to Wrap Every Inch	004	$              1,395	$                  400	$                      75
Dazzling Little Luxuries for Her	005	$              1,277	$                  375	$                      75
Lounge in Luxury for Her	006	$              1,265	$                  375	$                      75
Lounge in Luxury for Him	007	$              1,260	$                  375	$                      75
Light of the Party for Her	008	$              1,197	$                  350	$                      50
Winter Greens	009	$              1,185	$                  350	$                      50
Home for the Holidays	010	$                  945	$                  275	$                      50
Finer Details: Cashmere, Shearling, and Leather	011	$                  925	$                  275	$                      50
Light of the Party for Him	012	$                  915	$                  275	$                      50
AGMES Paula Earrings	013	$                  590	$                  175	$                      25
The Boot of the Season	014	$                  450	$                  150	$                      25
AGMES Sterling Silver Pearl Drop Earrings	015	$                  420	$                  125	$                      25
Loren Stewart Cybernetic Necklace	016	$                  405	$                  125	$                      25
UMA Oils Set of Organic Beauty Products	017	$                  396	$                  125	$                      20
Modern Weaving Bend Architect Collar Bracelet	018	$                  350	$                  100	$                      20
The Perfect Wear-Everywhere Boot	019	$                  325	$                  100	$                      20
Tracie Hervy Ceramic Vessel	020	$                  300	$                  100	$                      20
$300 Nu Swim Swimwear	021	$                  300	$                  100	$                      20
Rachel Saunders Virtual Clay Making Workshop for Two	022	$                  250	$                    75	$                      20
KAYU Cleo Clutch Bag	023	$                  250	$                    75	$                      20
Janessa Leoné Corbin Hat	024	$                  235	$                    75	$                      20
Hilary L. Hahn Virtual Silk Dyeing Workshop	025	$                  225	$                    75	$                      20
Tappan Collective "Celestial High" Photograph by Isaac Zoller Photograph	026	$                  225	$                    75	$                      20
Isa Isa Lush Seasonal Arrangement in a Vase	027	$                  200	$                    75	$                      15
Klur Product Trio	028	$                  180	$                    50	$                      15
CAMPO Deluxe Sleep Kit	029	$                  179	$                    50	$                      15
Lady & Larder California Citrus Crate	030	$                  175	$                    50	$                      15
Kristen Elspeth Thread Bracelet	031	$                  165	$                    50	$                      15
GOOPGENES Nourishing Duo	032	$                  150	$                    50	$                      15
Le Feu de L'eau Set of 3 Candles	033	$                  150	$                    50	$                      15
Dog’s Best Friend	034	$                  125	$                    30	$                      15
8.6.4 Brass Necklace	035	$                  110	$                    30	$                      15
8.6.4 Brass Ring	036	$                  110	$                    30	$                      15
btw Ceramics Large Mist Vase	037	$                  110	$                    30	$                      15
Broc Cellars Classics Gift Box	038	$                  110	$                    30	$                      15
SANSO Operculicarya Decaryi Succulent Tree in Planter	039	$                  100	$                    30	$                      15
Norden 5 oz. Candle Set	040	$                    95	$                    30	$                      10
NOTO Abundance Holiday Kit	041	$                    95	$                    30	$                      10
Loren Stewart Keshi Pearl on Velvet Necklace	042	$                    90	$                    30	$                      10
Cereal Volume 20 and Guidebooks to London, Paris, and New York	043	$                    88	$                    25	$                      10
Moon Juice Product Duo	044	$                    80	$                    25	$                      10
Special Interest Goods Set of Three Candles	045	$                    70	$                    25	$                      10
The Wooden Palate Pepin French Taper Rolling Pin	046	$                    50	$                    15	$                      10
Kate McLeod Body Stone	047	$                    45	$                    15	$                      10

 

Purchases of Auction items and/or services are not deductible as charitable donations under U.S. federal tax law.

 

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 Administrator and its parent, subsidiary, and affiliated companies, the Auction item suppliers and any other organizations that may participate in the 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 be 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 Administrator 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: Any information collected on-line from entrants is subject to Administrator’s respective Privacy Policies, which can be found at:  http://www.vince.com/privacy-policy/page/privacy.  Entrants understand that he/she is providing his/her information to 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.