Terms and Conditions

Acceptance Of Terms
The following describes the Terms and Conditions applicable to your use of the UltimateAuctions™ site and the online Auction Service described on this site (the "Service"). Please review these Terms and Conditions and all other policies, guidelines and documents described and incorporated herein carefully. By registering and using the Service, you agree to be bound by all of the following Terms and Conditions and all policies, guidelines and agreements referenced herein. If you do not agree to be bound by these terms, please do not use this service. We reserve the right to change any of these terms and Conditions at any time, so please refer to this page frequently.

Eligibility; Authorized Use
You warrant that you are at least 18 years of age, possess the legal authority to enter into this agreement and to use the Service and meet all of the requirements for eligibility described in the Bidding Rules and Guidelines below. You further agree not to allow anyone else to use this Service and to safeguard the information that would allow another person to access this Service. You agree to be responsible for your failure to safeguard this information and/or allowing any other person to access or use the Service by using your personal information.

License
By using this Service, you grant UltimateAuctions™ and its affiliates a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed with your use of the Service in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to use of your materials by UltimateAuctions™ or its agents in connection with the Service, which may include advertising and promotion for the Service. You represent and warrant that you own or otherwise control all of the rights to the materials displayed by you when using the Service, that the use of such materials by UltimateAuctions™ and its affiliated companies will not infringe upon or violate the rights of any third party, and that such materials are not profane, defamatory, obscene, indecent, harassing or otherwise unlawful.

Affidavit of Eligibility, Publicity Release and Other Requirements to Claim a Reward
If, following the close of an auction, you are the winner, you may be requested to sign forms in order to be eligible for the reward on which you have bid, and agree to comply with all additional terms and conditions that may be applicable to the reward and your use of the reward, including without limitation terms set forth in the reward's terms and conditions, restrictions set forth on event/travel tickets, and rules imposed by event sites/venues. You will not be eligible for the reward if you do not return (as determined by the postmark) these forms and any other specified document to the party indicated on the forms within ten (10) business days from the date the package was sent (as determined by the postmark). If, following the close of an auction, you are the winner, UltimateAuctions™ or its agent must be able to reach you at the phone number and e-mail address listed under “My Account”. If you are the winner, UltimateAuctions™ or its agent will send you an email informing you that you are the winner and may attempt to contact you via telephone to confirm your mailing address or, if your mailing address is a Post Office Box, obtain an alternate address to which appropriate forms and other documents may be shipped. If UltimateAuctions™ or its agent cannot reach you within two weeks of the close of the auction, you will no longer be eligible for the reward.

Shipping of Rewards

  • You must provide a daytime phone number you can be reached at and an e-mail address. To receive your gift, you must provide a physical address for delivery - Post Boxes are not acceptable.
  • You are responsible for advising UltimateAuctions™ of any change of address. UltimateAuctions™ shall have no liability for misdirected mail or any consequences thereof.
  • Reward policies may change depending on the recipients’ country.

Cancellation of Events
In the event, for whatever reason, all or a primary portion of the packaged event is cancelled, the featured persons are unavailable, or there is a postponement or time change of an event due to events beyond UltimateAuctions™ or its agent's control, UltimateAuctions™ will not re-credit your points to your account.

No Warranty
BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR BY ULTIMATEAUCTIONS™ OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND SUPPLIERS, AND THEIR EMPLOYEES, NEITHER ULTIMATEAUCTIONS™ NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND SUPPLIERS, AND THEIR EMPLOYEES GUARANTEE THE ACCURACY, ADEQUACY, COMPLETENESS, CURRENTNESS OR NONINFRINGEMENT OF THE SERVICE OR ANY INFORMATION ON THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR SUCH INFORMATION, OR FOR DELAYS OR INTERRUPTIONS IN THE SERVICE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

Limitations Of Liability
NEITHER ULTIMATEAUCTIONS™ NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND SUPPLIERS, AND THEIR EMPLOYEES ARE RESPONSIBLE FOR ANY: (A) TELEPHONE, COMPUTER, HARDWARE, SOFTWARE, PROGRAMMING OR INTERRUPTED OR UNAVAILABLE NETWORK, SERVER OR OTHER CONNECTIONS, NETWORK MALFUNCTION, OR OTHER TECHNICAL FAILURES OR ERRORS, OR FAILURE TO PROPERLY PROCESS BIDS; OR (B) COMMUNICATION DISRUPTION OR OTHER FORCES BEYOND THE REASONABLE CONTROL OF ULTIMATEAUCTIONS™ OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND SUPPLIERS, AND THEIR EMPLOYEES INCLUDING INABILITY TO ACCESS THE WEB SITE, SUBMIT BIDS OR OTHER DISRUPTION RELATED TO INTERNET TRAFFIC, VIRUS, BUG, OR UNAUTHORIZED INTERVENTION. IN NO EVENT WILL ULTIMATEAUCTIONS™ OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND SUPPLIERS, AND THEIR EMPLOYEES BE LIABLE FOR DAMAGES, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), IN CONNECTION WITH THE USE OF THE SERVICE, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDIES OF USERS OF THE SERVICE IN THE EVENT OF A BREACH OF THIS AGREEMENT BY ULTIMATEAUCTIONS™ SHALL BE TO TERMINATE THIS AGREEMENT AND, IF APPLICABLE, HAVE THEIR POINTS RETURNED.

Indemnification
You agree to indemnify and hold UltimateAuctions™, and its subsidiaries, affiliates, officers, agents, and suppliers, and their employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms and Conditions, or your violation of any law or the rights of a third party.

Information
Copyright and/or other intellectual property laws protect all information available through UltimateAuctions™, including without limitation information provided by third parties. You may display, print and transmit information obtained through the site only for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrievable device, disseminate, sell, publish, broadcast or circulate the information obtained through UltimateAuctions™ without the express written consent of UltimateAuctions™. You may not use any of the information obtained through the site for any illegal or unauthorized purpose.

Using the Service
UltimateAuctions™ is not acting as your, or any other party's, agent. UltimateAuctions™ cannot screen, censor or otherwise control whether an item can be legally acquired in your jurisdiction. The determination of, and liability for, any federal, state or local taxes, as may be applicable, arising out of the redemption of rewards shall be your sole responsibility. Further, UltimateAuctions™ cannot control or warrant the behavior of the users of the Service. You further warrant that you will comply with all applicable laws and regulations regarding the use of the Service. You agree that rewards and awards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit or other rewards or points under any circumstances. You further agree that you will not sell or attempt to sell a reward package, or any portion of a reward package. Termination of Right to Use Service UltimateAuctions™ reserves the right to cancel any bid at any time and to prohibit or restrict access to the Service to anyone at any time, if it determines, in its sole discretion, that you have violated the terms or spirit of these Terms and Conditions, or any other policies, guidelines, and agreements referenced herein. In addition, UltimateAuctions™ reserves the right to take any and all other action that it is entitled to under other agreements that you have with UltimateAuctions™. UltimateAuctions™ reserves the right to use the names and likeness of Auction Winners who choose to participate in UltimateAuctions™, land-based and online events through the Program for promotional purposes without further compensation, through all communication channels, including but not limited to websites, email newsletters, and direct mail.

BIDDING RULES AND GUIDELINES
THE FOLLOWING BIDDING RULES AND GUIDELINES ARE SUBJECT TO THE TERMS AND CONDITIONS ABOVE. YOU SHOULD REVIEW THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SERVICE. BY BIDDING ON A REWARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS.

Please also refer to the FAQ page for additional information on using this Service.

To be eligible to bid:

  • You must be an established customer with an active account associated with a rewards or loyalty program or promotion.
  • You must be a customer with a valid ship to address registered in your account.
  • You must be the main person listed on your active account. No other persons will be allowed to place bids.
  • Your UltimateAuctions™ account and any linked accounts must be in good standing.
  • You must have as many available accrued points in your account/s as the amount of your bid at the time you place your bid and at the time you win the bid. Points that are not yet accrued at the time you place your bid are not available for bidding.
  • Employees, officers, and directors of UltimateAuctions™ and its vendors and agents who are directly involved in providing the Service, and their spouses and children, are not eligible to participate in the UltimateAuctions™ Site.

Bidding Rules:
  • You must provide a daytime phone number you can be reached at and an e-mail address prior to bidding. As a condition of bidding, you agree to receive Auction emails at this e-mail address and, should you win, you agree that you may be phoned at the phone number you supply at registration.
  • A bid is considered "Completed" once you see the Thank You Confirmation Page.
  • If your submission is interrupted and you do not get to the Thank You Confirmation Page, please resubmit your bid.
  • Once your bid is Completed, it is binding, and you cannot change it or withdraw it (but you can enter another higher bid).
  • You may enter more than one bid. However, after your first bid you may only enter a higher bid. We will only accept the single highest eligible bid made by any one individual as that person's final bid.
  • If the auction closes before your bid is Completed, your bid is not eligible.
  • Should it be determined that the winner was ineligible for any reason, the next highest eligible bidder will be deemed to be the winner.
  • In an English Auction, where there is only one winner, should more than one bidder bid the winning number of Points, the first person to place the highest eligible bid is the winner.
  • If you are a winner, you will be required to complete, sign, and return an Affidavit of Eligibility, Liability and Publicity release within ten (10) business days from the date the package was sent (as determined by the post-mark). Instructions on completing and returning these documents will be contained in the Affidavit of Eligibility.
  • If you are the winner and have not received your auction package in the mail within 4-6 weeks after receiving the winner e-mail, please visit our Support page and let us know. Our Customer Care representatives are available to assist you 24 hours a day, 7 days a week.