Official Auction Rules & Disclaimers

By registering and/or bidding on any prize in the auction, each “Bidder” accepts and agrees to adhere to and be bound by the following auction rules:

1. This Auction (“Auction”) is being administered by Devils Youth Foundation, Inc. (“DYF”). The Auction is an online silent Auction and any and all bidding will occur exclusively online at newjerseydevils.com/faceoff (“Site”) and all details, items, and prizes will be on display at the Site between January 6, 2021 and January 24, 2021. DYF may terminate, extend, or suspend the Auction or any prizes associated therein in whole or in part in its sole discretion.
   
   
2. THIS AUCTION IS INTENDED FOR ENTRY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (INCLUDING UNITED STATES MILITARY PERSONNEL OR CONTRACTORS ENTERING FROM WITHIN A U.S. MILITARY INSTALLATION).  Void in Puerto Rico, the U.S. Virgin Islands, all other U.S. territories and possessions, and where prohibited by law. Bidders must be at least eighteen (18) years of age at time of entry and twenty-one (21) where applicable.
   
   
3. Bidders may bid on any item(s) in the Auction from the time the Auction commences, on January 6, 2021 at 2 p.m. Eastern Time (“ET”) until the Auction closes, on January 24, 2021 at 7:30 p.m. ET. Once the Auction closes, no additional bids will be accepted.
   
   
4. Bidders with the highest bid (“Winning Bidder”) for an item or items will be notified within forty-eight (48) hours following the end of the Auction.
   
   
5. Once a Bidder is identified as the Winning Bidder on any item(s), all sales are final. The item(s) include(s) only what is specified in each description.
   
   
6. DYF makes no representation or warranty that the item(s) can be sold, bartered, or traded for or at the stated approximate retail value or any value whatsoever. Values are subject to market conditions, which can fluctuate.
   
   
7. All items are "AS IS". DYF has attempted to describe items correctly, but neither warrants nor represents and in no event shall be responsible for the accuracy of descriptions, genuineness, authorship, provenance or condition of the items. No statement made in the descriptions of the item(s), or made orally at the Auction or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.
   
   
8. The approximate retail values listed are an estimate of fair market value.
   
   
9. For purposes of this Auction, a valid bid only occurs when DYF’s servers record such bid online. DYF and its affiliates shall have no liability whatsoever for any attempted entry which is not received as set forth herein. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of DYF’s validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.
   
   
10. PLEASE NOTE THAT EVEN IF A BIDDER IS LISTED AS A POTENTIAL WINNER AT THE CLOSE OF THE AUCTION,BIDDER HAS NOT YET WON THE ITEM(S). EACH POTENTIAL WINNING BIDDER OF THE ITEM(S) IS SUBJECT TO VERIFICATION BY DYF AND MUST MEET ALL ELIGIBILITY REQUIREMENTS, SUCH AS SIGNING an affidavit of eligibility, liability waiver, media release, and/or other agreements, and may be required to successfully complete a background check.
    
    
11. Special arrangements can be made to mail or pick up the item(s) (if applicable) at Winning Bidder’s sole cost. Any item(s) left unclaimed will be the Winning Bidder's responsibility to arrange pick-up or delivery accommodations. All shipping and delivery costs are the sole responsibility of the recipient and limited to within the U.S. Prize delivery time will be mutually agreed upon date once if safe to do so.
    
    
12. Following payment(s) and verification, Bidders must show their paid receipt(s) as well as valid ID for items to be transferred.
    
    
13. For certain tickets and other prize items, additional ticketing terms and conditions may apply.
    
    
14. For any item where it is necessary for the Winning Bidder to travel, alone or with any number of guests, to a certain location in order to partake in their item, the Winning Bidder is solely responsible for obtaining travel arrangements at their own expense to and from all activities and events that are components of the item(s) and hereby acknowledge that DYF has not and will not obtain or provide travel insurance or any other form of insurance for any travel associated with the item(s).
    
    
15. DYF reserves the right to add or withdraw items, without notice, to or from the Auction.
    
    
16. No substitution or transfer of an item or items will be permitted, except by DYF, who reserves the right at its sole discretion to substitute an item or items with another prize of equal or greater value. All other expenses associated with items acceptance not mentioned herein are the sole responsibility of the Winning Bidder.
    
    
17. Any intangible Auction items shall be any prize that may contain a unique, personal experience (“Experience Auction Item”). Certificates must be redeemed prior to the expiration date, if any, listed within the Experience Auction Item descriptions.
    
    
18. For clarity, an Experience Auction Item is any item(s) that includes, but is not limited to, a virtual meet and greet, tickets to an event, and/or other prizes or any portion of the prizes that may be considered an Experience Auction Item.
    
    
19. Experience Auction Items are subject to availability and additional scheduling requirements. In the case of unavailability, the remainder of the prize, if any, will be awarded without the experience portion.
    
    
20. All Winning Bidders and DYF acknowledge that all or certain parts of an item(s) otherwise called for under this Auction may become unavailable to DYF or Winning Bidder, may become impossible or impracticable to provide, or may impose an economic burden on DYF materially greater than the burden it could reasonably have expected to incur on the date hereof (each, an “Unavailable Item”). With respect to any Unavailable Item, DYF shall have the right, in lieu of such Unavailable Item, to provide to the Winning Bidder one or more substitute benefits of reasonably comparable type and having substantially the same value as the Unavailable Item (as determined by DYF in its reasonable discretion) (a “Substitution”). Any action by DYF in accordance with the preceding sentence shall satisfy all of DYF’s obligations hereunder with respect to the Unavailable Item, and DYF shall be deemed to have timely cured any discrepancy arising from the failure to provide such Unavailable Item. Should the event be rescheduled, this experience may be rolled over to the new date; should the event proceed without fans, the experience may roll over to the future date with potential changes in location and details. Any Re-coordination of details will be mutually agreed upon by Winning Bidder and DYF and, in the event there is no mutually agreed upon date, DYF shall determine all re-coordination details in its sole discretion.
    
    
21. The Auction is conducted in the English language and DYF shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Auction.
    
    
22. DYF is not responsible for any inability to conduct the Auction or award the item(s) as a result of any act of God, labor stoppage strike, or lock out, or other reason beyond the control of DYF.
    
    
23. If for any reason this Auction is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of DYF which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Auction, DYF reserves the right, at its sole discretion, to disqualify any individual who tampers with the bidding process and to cancel, terminate, or suspend the Auction, in whole or in part, at any time, without notice and award the items to the current highest Bidder as of this termination date. DYF assumes no responsibility for (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, (ii) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Bidder’s or any other person's computer relating to or resulting from participation in this Auction or downloading or uploading any materials in connection with this Auction.
    
    
24. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ONLINE MEDIA OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS OR THE ONLINE MEDIA RULES AND REGULATIONS AND, SHOULD SUCH AN ATTEMPT BE MADE, DYF RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
    
    
25. Each Bidder accepts and assumes all risks and hazards related to the Auction, such person's participation in the Auction, and items obtained at the Auction.
    
    
26. The Auction is not sponsored by, endorsed by, or affiliated with, any non-DYF or non-Sponsored entities or brands mentioned or featured in the Auction.
    
    
27. To the extent permitted by law, each Bidder agrees that entry in the Auction constitutes permission, in perpetuity, that DYF and its affiliates, employees, officers, directors and/or members may use worldwide the Bidder’s identity, name, image, likeness and biographical information, now or hereafter developed of Bidder’s participation in the Auction, for any purpose, including, but not limited to, publicity, promotional and advertising purposes related to such parties without any additional consideration or any compensation of any kind.
    
    
28. Personal information collected by DYF will be used for administration of the Auction. Bidders may also be contacted immediately or in the future by DYF or its affiliates with respect to other promotional opportunities. In addition, Bidders may receive commercial advertising email correspondence from, or on behalf of, DYF and/or its affiliates, subject to their respective Privacy Policies, as applicable. DYF uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Bidders may subsequently opt-out of receiving further emails by following the opt-out instructions contained in such email correspondence. Any questions regarding privacy matters of DYF should be directed to DYF at the address set out below. Please refer to the DYF Privacy Policy for important information regarding the collection, use and disclosure of personal information.
    
    
29. Each Bidder agrees to release and hold harmless DYF, and their respective directors, officers, employees, members, affiliates and subcontractors, successors and assigns, from any liability, including any and all costs, fines, claims, injuries, losses, damages or liabilities of any nature whatsoever to persons or property, which such person may now or hereafter assert, including, but not limited to, claims for injury, death, illness or damages, resulting in whole or in part, directly or indirectly, from acceptance, receipt, ownership, possession, misuse or use of any item or experience purchased in connection with the Auction. Each Bidder further waives any right to claim ambiguity in the operation of the Auction or in these Official Rules.
    
    
30. Each Bidder agrees that DYF has made no representation, warranty or guaranty, expressed or implied, in law or in fact, relative to the operation of the Auction or to any items or experiences, and are not responsible for any errors in the operation of the Auction, or the items or Experience Auction Item available for purchase through the Auction.
    
    
31. Each Bidder waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages from or against DYF and their respective directors, officers, employees, members, affiliates and subcontractors, successors and assigns.
    
    
32. Address all inquiries regarding the Auction to: Devils Youth Foundation, Inc., 25 Lafayette Street, Newark, NJ 07102 or info@devilsyouthfoundation.org.