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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 https://ftx.us/nfts  (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 the David Ortiz Children’s Fund following the Bidding Period. 

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 twenty-one (21) years old. Employees, contractors, or agents of FTX US and other companies associated with the promotion of the Auction, the David Ortiz Children’s Fund, and each of their respective parents, subsidiaries, affiliates as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. 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.

Bidding Period. The Auction begins on Monday, November 8, 2021 at 12:01am Eastern Time and ends on Wednesday, November 10, 2021 at 11:59pm Eastern Time (the "Bidding Period"). Bids that are submitted before or after the Bidding Period will be disqualified. 

How to Enter:

    1. Visit the Auction Site.
    2. Deposit funds into your wallet at ftx.us.
    3. Follow the instructions on the Auction Website to submit your Bid. 

Auction Prize: The Winning Bidder will receive the following items: 

Foursome Golf Package to the David Ortiz Celebrity Golf Classic November 19-21, 2021, at the JW Marriott Marco Island Beach Resort, Marco Island Florida (collectively, the “Auction Prize”)

            1. Golf Benefits
  • Hosted foursome in Saturday’s (November 20, 2021) Celebrity Golf Classic (4 players)  
  • Celebrity Captain (to be assigned, with opportunity to bid with foursome for captain of choice) 
  • VIP Gift bag and full gifting suite access for each golfer 
  • Rookery and Hammock Bay Golf Practice Facility privileges 
  • Opportunity to win exclusive prizes for group and individual performance 
  • Group photo for each golfer (hi-res digital file)  

 

  1. Hospitality Benefits
              • Four (4) double-occupancy rooms for November 19, 2021 – November 21, 2021 
              • Daily food & beverage credit for four (4) at resort restaurants and bars 
              • Open bar at DOCF lounge (Sirene tower) all weekend 
              • Four (4) invitations for all weekend events, including dinners & after-parties Friday & Saturday 
              • Roundtrip airport transfers from RSW, or hosted parking (November 19 – 21)  
              • 2 daily spa fitness classes per guest 

 

Auction Prize Details: Winner’s three (3) guest(s) must be twenty-one (21) years of age or older. FTX will cover the costs of airfare for the Winner and three (3) guests from anywhere in the continental U.S. to the Southwest Florida International Airport (RSW). The Winner must contact the David Ortiz Children’s Fund at info@davidortizchildrensfund.org and provide all guest names and required registration prior to November 14, 2021. The David Ortiz Children’s Fund will run a background check on all guests and reserves the right to reject registration from any guest in its sole discretion.  All guests must show proof of vaccination against COVID-19 or negative test results taken within 72 hours of their check-in to the event on November 19, 2021. Auction Prize not available for substitution. Acceptance of and participation in Auction Prize is subject to additional terms and conditions including COVID-19 Safety Protocols which may be required by the David Ortiz Celebrity Golf Classic and/or the JW Marriot.  

 

Bidding:

  1. 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.
  2. Payment. The Bid amount will be deducted from the Winning Bidder’s wallet immediately. 
  3. No Reserve. This is a no-reserve auction. 
  4. 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 DAVID ORTIZ CHILDREN’S FUND BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AUCTION OR ACCEPTANCE OF THE AUCTION PRIZE, 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, FTXUS’s 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 but not limited to social media, provided FTX US not use your likeness in a disparaging or negative manner.

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. 

Privacy.  FTX US may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Auction Terms. Please review these Auction Terms and FTX US’s privacy policy at https://help.ftx.us/hc/en-us/articles/360043578593-Privacy-Policy.

This Auction is in no way sponsored by the David Ortiz Children’s Fund. 

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