DATES OF AUCTION: The auction (“Auction”) begins on February 25th, 2024, at 12:01 a.m. and ends at 11:59 p.m. ET on May 31st, 2024 (the “Auction Period”). For purposes of these Terms & Conditions, all times will be given in Eastern Time (“ET”).
AUCTION HOST: Charity Global, Inc. (hereinafter, “Host”)
AUCTION SPONSOR: Komos, Inc. (hereinafter, “Sponsor”)
PRODUCT TO BE AUCTIONED: Participants (“Participants”) may bid on ten (10) bottles of Komos XO Tequila during the Auction Period. The Komos XO bottles will be personalized and delivered in their original gift box packaging. The fair market value of each bottle of Komos XO tequila is $2,000.
PRIZE: One (1) prize of an experience (the “Prize”) will be awarded to the bidder/winner (“Prize Winner”) of the highest-priced Komos XO Tequila bottle. Prize Winner and a guest (the “Companion”) will be awarded following: one (1) dinner and two (2) night hotel stay (excluding airfare and travel expenses) in the destination of Sponsor's choice: New York, Mykonos, London, Paris, Tokyo, Dubai, Lake Como or Tequila, Mexico to take place on a mutually agreed date between Komos and the Winner, with a minimum of sixty (60) days advance notice for planning. The Prize must be redeemed in 2024.
Approximate Retail Value: $10,000
Any expenses related to the Prize including without limitation, any taxes, fees, gratuities, travel expenses, flights, and personal expenses, are the sole responsibility of the Prize Winner. The Prize consists of only the items specifically listed as the Prize. Depictions of any part of the Prize package in any advertising or promotional materials may not reflect the actual prize awarded to the Prize Winner.
Prize Winner/Companion must comply with all Terms & Conditions stated herein or the Prize will be forfeited. In such case, no alternate prize will be awarded to such Prize Winner and an alternate Prize Winner will be selected from among all remaining non-winning eligible bidders. Companion must be twenty-one (21) years of age or older to accompany the Prize Winner. The value of the Prize may be taxable as income and Prize Winner is solely responsible for any taxes, including but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the Prize. All other expenses not specifically mentioned herein as part of the Prize, are the sole responsibility of the Prize Winner.
Covid-19 Rules & Vaccine Requirements
Prize Winner/Companion must comply with all Covid-19 rules and protocols established by applicable federal, state, and local rules and regulations pertaining to Covid-19 safety and vaccine requirements. In the event that Prize Winner/Companion is unable to claim the prize due to non-compliance with Covid-19 requirements, Prize will be forfeited and no alternate prize will be awarded.
Any Prize details not specified above will be determined by Sponsor, in its sole discretion. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. No substitution or cash redemption of Prizes. Sponsor reserves the right to substitute any Prize with a prize of comparable or greater value if Prize should become unavailable for any reason. Prizes are not transferable prior to awarding. Prize Winners are responsible for all federal, state and local taxes arising from receipt, possession, acceptance or use of any Prize if applicable. No more than the number of Prizes set forth in these Terms & Conditions will be awarded.
ELIGIBILITY: The Auction is open only to legal residents of the forty-eight (48) contiguous United States (excluding residents of Alaska, the District of Columbia, Hawaii, and Puerto Rico) where the Auction is not prohibited by law who are twenty-one (21) years of age or older at the time of entry (the “Participant”). Officers, directors, managers, and employees of Host and Sponsor and each of their respective parents, subsidiaries, affiliates, and related companies, dealers, advertising, and promotion agencies, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person and any others engaged in the development, production, execution, or distribution of this Auction, are not eligible to participate. Auction is subject to all federal, state, and local laws and regulations. Participation in the Auction constitutes Participant's full and unconditional agreement to these Terms & Conditions and the Sponsor and Host's decisions, which are final and binding in all matters related to this Auction.
BIDDING PROCESS: Participants must create an account within the Auction site located at xo.ckbg.com/charitywater to place bids. The minimum bid is $12,000. Bids will be accepted in increments of $1,000. Participants will be notified via email when their bid is confirmed. The Host will monitor bids and maintain a record of the top ten (10) bids, which will be posted on the site and updated continuously. When a Participant drops out of the top ten (10) bids, he/she will be notified via email and given the option to increase the bid. The Auction will close on April 30, 2024 at 11:59pm.
PAYMENT TERMS: On June 1st, 2024, or shortly thereafter, the highest bidder will be contacted by Host, and will have forty-eight (48) hours to respond to Host and remit payment through the Host's secure payment site, details of which will be provided to the bidders. If the highest bidder does not respond within forty-eight (48) hours, he/she will be disqualified, and the Prize will go to the next highest bidder.[1] Once the highest bidder's payment is received, the remaining nine (9) highest bidders will be contacted to remit their payments. Payment is due within seventy-two (72) hours of contact from Host. Payment may be remitted via credit card or ACH wire transfer, with no additional fees or taxes. Payment is considered a donation to Host. Your donation may be tax deductible as allowed by law for the amount exceeding the fair market value of the goods received. You will receive a final tax receipt upon payment of your donation that confirms the final fair market value of goods and services received.
SHIPPING AND DELIVERY: Shipping of the personalized Komos XO Tequila bottle will occur within six (6) months of the close of the Auction. Delivery to US addresses only.
REFUND POLICY: All bids submitted online are immediately executed. Participants cannot cancel a bid once it has been submitted. Winning bidders will not be eligible for refunds.[2] [3] [4] [5]
GENERAL CONDITIONS: Winning bidders will be asked for age verification by Host, before remitting payment. If a winning bidder is under twenty one (21) years of age, he/she will be disqualified. Should any portion of the Auction be, in Host's sole discretion, compromised by virus, worms, bugs, non-authorized human intervention, or other causes which, in the sole discretion of the Host, corrupt or impair the administration, security, fairness or submission of bids, Host reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Auction and conduct the Auction in a manner which in its sole discretion is fair, appropriate and consistent with these Terms & Conditions. Host reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the bidding process or the operation of the Auction or to be acting in violation of these Terms & Conditions or in any disruptive manner. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, HOST RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. HOST'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RELEASE: By participating in this Auction, Participants agree to release and hold harmless Sponsor, Host, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, consultants and legal advisors (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Auction or receipt, redemption or use of any Prize or Komos XO Tequila bottle,
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (i) indirect, incidental, special, consequential, or punitive damages arising out of or related to the purchase, possession, or consumption of alcohol obtained through the Auction.; (ii) electronic or human error which may occur in the administration of the Auction or the processing of bids; (iii) any injury, damage or loss (including death) to persons or property of any kind, which may be caused, directly or indirectly, in whole or in part, directly or indirectly from Participant's participation in the Auction or from the receipt, use or misuse of any Prize or Komos XO Tequila bottle; (iv) any printing or typographical errors in any Auction-related materials; (v) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable bids; or (vi) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software.
DISPUTES: Participants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Auction, the award of a Komos XO Tequila bottle, or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, and Participants' rights and obligations, or the rights and obligations of Host and Sponsor in connection with the Auction, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
TERMINATION OF AUCTIONS OR ACCOUNTS: Host reserves the right to terminate or disqualify bidders in its absolute, unfettered discretion in the event of suspicious, fraudulent, illegal or other inappropriate activity.
DELIVERY RESTRICTIONS: Participants are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. Host and Sponsor shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations. Therefore, all Participants are strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into the jurisdiction so as to comply with all local requirements.
SHIPMENT OF ALCOHOL: Participants should be advised there are certain restrictions regarding the shipment of spirits. Title to, and ownership of, all alcohol beverages passes from an alcohol beverage licensee to the purchaser/winning bidder in the state it is purchased in and the purchaser/winning bidder takes all responsibility for shipping it from the state it was purchased in to his/her home state. By arranging for transportation of the alcohol beverages, Host is providing a service to and acting on behalf of the purchaser. By utilizing this service, the purchaser/winning bidder is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcohol beverages. The purchaser/winning bidder represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages.
RESPONSIBILITY: Host and Sponsor shall not bear any responsibility for any misuse, abuse, or unlawful consumption of alcohol purchased or obtained through the Auction. It is the responsibility of the participant to consume alcohol responsibly and in accordance with the laws and regulations of their jurisdiction.
VERIFICATION OF AGE: COMPLIANCE WITH LAWS: Participants must comply with all applicable laws and regulations regarding the purchase, possession, and consumption of alcohol. Host and Sponsor will not be held liable for any violations of such laws by participants.
NO WARRANTY: Items auctioned off are sold "as is" without any warranty, express or implied, regarding their quality, condition, or fitness for a particular purpose. All sales are final, and no refunds or exchanges will be provided.
INDEMNIFICATION: By participating in the Auction, Participant agrees to indemnify and hold harmless the Host, Sponsor, and affiliates from any claims, damages, losses, or liabilities arising out of or related to your participation in the auction or the purchase, possession, or consumption of alcohol obtained through the auction.
MODIFICATION OF TERMS: The Host reserves the right to modify or amend these Terms & Conditions at any time without prior notice. Any such modifications or amendments shall be effective immediately upon posting.
By participating in the Auction, Participant acknowledges that it has read, understands, and agrees to be bound by these Terms & Conditions.