How to enter. VOID WHERE PROHIBITED. This auction is hosted by Flight Club New York LLC (“Host” or “Flight Club”). The auction will run from 11:00 AM ET August 17, 2020 and ending on 11:00 AM ET August 21, 2020. Each auction day, individuals may participate by commenting on Flight Club’s Instagram post in increments of $100 USD. The items available in the auction are two pairs of sneakers each respectively worn and autographed by Sue Bird (size 8.5M) and Diana Taurasi (size 11.5M).
Host reserves the right at its sole discretion to disqualify any individual (and all of their bids) who tampers with the bidding process or who Host believes has violated these Terms and Conditions. Host reserves the right to cancel, terminate or modify the auction if it cannot be operated, conducted or completed as planned, for any reason.
Host and its subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, incomplete, misdirected or ineligible bids which will be disqualified or for technical, hardware or software malfunctions of any kind, lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the auction which may limit the ability to participate, or by any human error that may occur in the processing of the bids in the auction.
The winning bidder will submit sufficient proof of donation to The Breonna Taylor Foundation within five (5) days after being notified that they submitted the winning bid. Host will ship the items to the winning bidder promptly after confirming proof of donation. If the winning bidder does not submit sufficient proof of donation within five (5) days, Host, in its sole discretion, may choose the second highest bid as the winning bid, and so on and so forth.
Eligibility. The auction is open to individuals in the United States who are eighteen (18) or older at the time of bidding. All applicable laws and regulations apply. Participation constitutes bidder's full and unconditional agreement to these Terms and Conditions and Host’s decisions, which are final and binding in all matters related to the auction.
Tax. Donations made to a personal fundraiser, rather than a charity fundraiser, are generally considered to be personal gifts and are not guaranteed to be tax-deductible. Bidders should confirm with a tax professional should they have any questions regarding the tax-deductible nature of any donation to The Breonna Taylor Foundation. Flight Club will not be issuing a tax receipt in connection with the auction.
LIMITATION OF LIABILITY/REQUIREMENTS. By bidding, bidder agrees to release, defend, hold harmless and indemnify Host and its respective parents, subsidiaries, affiliates, contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of any item sold in the auction, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive bids or acts will render the bidder ineligible. By bidding, bidder further agrees that (a) under no circumstances will bidder be permitted to obtain awards for, and bidder hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this auction, or any item sold in the auction, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS AUCTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HOST RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Host is not responsible for any printing or typographical errors in these Terms and Conditions or any other materials associated with the auction.
By bidding in this auction, the winning bidder agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any auction activity, including use of the item.
Bidders bid at their own risk and Host is not responsible for and shall not be liable for any condition caused by events beyond its control that may cause the auction to be disrupted or corrupted. Failure to comply with these Terms and Conditions may result in disqualification from this auction. Host reserves the right to revise these Terms and Conditions.
Choice of law/venue. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of bidders and Flight Club in connection with the auction, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the city of New York, New York.
Flight Club is a registered trademark of Flight Club New York LLC.