FTX.US World Series Auction Terms and Conditions
Please read these FTX.US Auction Terms and Conditions (the “Auction Terms”) carefully because they govern your ability to participate in the FTX.US Auction (the “Auction”), which you can enter at [URL] (the “Auction Site”). Persons who participate in the Auction are referred to in these Auction Terms as “Users” or “you”. A User who submits the highest bid on an Auction is referred to in these Auction Terms as a “Winning Bidder” or “Winner”. Offers or bids submitted by any User in the Auction are referred to individually as a “Bid” and collectively as “Bids”. All Auction proceeds will be delivered to charity following the Bidding Period. FTX.US, in its sole discretion, will determine which charity or charities to provide the Auction proceeds.
BY USING THE AUCTION SITE TO SUBMIT A BID, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH FTX.US AND ARE AGREEING TO THESE AUCTION TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE AUCTIONS TERMS IN THEIR ENTIRETY, YOU MAY NOT SUBMIT A BID.
Eligibility. The Auction is open to all users of FTX.US at the time of entry who are at least 18 years old. Employees, contractors, or agents of FTX.US and other companies associated with the promotion of the Auction, the MLB Entities (defined below), and each of their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. For the avoidance of doubt, persons located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions are not eligible for participation.
Agreement to Auction Terms. By submitting a Bid, you accept and agree to be bound by these Auction Terms, which can be found here https://help.ftx.us/hc/en-us/articles/4409652329239
Bidding Period. The Auction begins on Tuesday, October 19 at 11:59pm Eastern Time and ends on Friday, October 22 at 11:50pm Eastern Time (the "Bidding Period"). Bids that are submitted before or after the Bidding Period will be disqualified.
How to Enter:
- Visit the Auction Site.
- Deposit funds into your FTX.us wallet.
- Follow the instructions on the Auction Website to submit your Bid.
Auction Prize: The Winning Bidder will receive the following items:
- Four (4) tickets for winner and three (3) guests to attend one (1) game of the 2021 Major League Baseball World Series from October 26 – November 3, 2021, as determined by FTX.US in our sole discretion;
- Batting practice viewing for two (2) guests.
- One (1) night hotel stay for four (4) people at a reputable hotel; and
- Roundtrip flights for each ticketholder from an airport located in close proximity to the ticketholder’s home residence, as determined by FTX.US (collectively, the “Auction Prize”)
Auction Prize Details: Actual value of prize will vary depending on Winner’s city of departure and location of the prize event (and no additional compensation or substitution will be awarded for difference in prize value). Tickets are subject to certain terms and conditions specified thereon. If, for any reason, tickets to the 2021 World Series Game are unavailable, FTX.US has the right to provide an alternate prize of comparable ARV and will have no further obligation to Winner. FTX.US reserves the right to provide ground transportation in lieu of air transportation if Winner resides within one hundred (100) miles of the applicable prize destination (and no additional compensation or substitution will be awarded for difference in prize value). Trip must be taken on dates specified by FTX.US or prize will be forfeited. If the designated game/exhibition or any other prize-related activity(s) is canceled or postponed for any reason, the travel portion of the prize will be awarded and Administrator will substitute the canceled/postponed activity(s) with an item(s)/activity(s) of comparable or greater value as determined solely by FTX.US. Travel and hotel accommodation restrictions apply. Travel arrangements must be made through FTX.US’ agent and on a carrier of FTX.US’ choice. Winner and guest(s) are responsible for obtaining all required travel documents prior to travel and must have no impediment to entering the city at which applicable prize events will take place. Winner and guest(s) must travel together on the same itinerary.
Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of the MLB Entities. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. The MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket. Participation in the batting practice portion of the prize as set forth in section 6(b) above, is subject to winner’s (and guest’s) consent to and compliance with all health and safety policies of the MLB Entities, including but not limited to the wearing of masks if and when directed and the requirement to be fully vaccinated against COVID-19 (i.e., having received a final vaccination dose at least 14 days prior to the event).
- Bids. There is no limit on how many Bids you may submit as long as they are in compliance with these Auction Terms and the Auction Website. Once a Bid is submitted, a hold is placed on your wallet equal to the amount of your Bid. All bids are irrevocable. FTX.US reserves the right to cancel any Bid for any reason at any time prior to the end of an Auction, or after the Auction pursuant to FTX.US’ confirmation of the purchase and sale.
- Payment. The Bid amount will be deducted from the Winning Bidder’s wallet immediately.
- No Reserve. This is a no-reserve auction.
- Taxes. The Winning Bidder will be responsible for the payment of all taxes owed in connection with accepting the Auction Prize and agrees to complete and timely submit all tax-related documentation that may be requested by FTX.US.
Disclaimers: FTX.US is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or Submissions, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
FTX.US MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUCTION PRIZE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL FTX.US OR THE MLB ENTITIES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AUCTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FTX.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FTX.US’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE OFFICIAL RULES WILL NOT EXCEED THE VALUE OF THE AUCTION PRIZE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification. You agree to indemnify, defend and hold FTX.US and its parent, affiliates, subsidiaries, directors, officers, employees, FTX.USs and agents, including advertising and promotion agencies, the Auction Prize supplier, and assigns, and any other organizations related to the Auction, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Auction or acceptance or use of the Auction Prize or parts thereof, including without limitation any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the Auction Prize, or from participation in the Auction.
Publicity. Except where prohibited, if you are the Winning Bidder, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in the Auction Website and FTX.US’, MLB’s and their affiliates’ homepages, without additional compensation.
Additional Conditions. FTX.US reserves the right, in its sole discretion, to terminate, modify or suspend the Auction in whole or in part, if in FTX.US’ opinion (a) the Auction is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Auction by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within FTX.US’ control, or (b) any other factors beyond FTX.US’ reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Auction, in all instances without liability to the entrants. FTX.US also reserves the right to disqualify any Bid or Winning Bidder, as determined by FTX.US, in its sole discretion.
Disputes. Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Auction or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Auction Terms, entrants rights and obligations, or the rights and obligations of the FTX.US in connection with the Auction, shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Delaware.
This Auction is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.