CONDITIONS OF SALE FOR BENEFIT AUCTION
Sesame Workshop (“SW”) will host an online auction (the “Auction”), which will feature a variety of items (the “Property”). The Property offered in this Auction will be offered and sold by SW. Any questions regarding the Auction should be directed to SW at the email: shaquana.broadhead@sesame.org. All participation in the Auction is done so in accordance with i) the following terms and conditions (the “T&C’s”); and ii) the Terms of Service for clickbidonline.com, as amended by any posted notices or on the ClickBid website (https://clickbidonline.com/legalese/) (the “Clickbid T&C’s”) (collectively, the T&C’s and the Clickbid T&C’s shall be referred to herein as the “Conditions of Sale”), which govern the sale of all the Property offered at the Auction.
Eligibility to Participate in the Auction (the “Eligibility Criteria”): To participate in the Auction, you must be of legal age in the applicable jurisdiction and a resident of the United States. Participants may participate in the Auction only in and from the United States (excluding Puerto Rico). SW will not provide fulfillment for any items to be received outside of the United States. “Bidders” (as defined below) who do not meet the Eligibility Criteria or fail to comply with these Conditions of Sale, may, in SW’s sole discretion, be prohibited from participating in the Auction.
Privacy Policy: To learn how SW uses the personal information we collect in connection with the Auction, please see the Privacy Policy linked to the Auction website. For the avoidance of doubt, the terms of the Privacy Policy are incorporated herein by reference.
Registering as a Bidder:
Bidding: A “Bid” on any Property in this Auction is an irrevocable offer to buy the Property at the price indicated by you in the Bid, provided the bidder’s offer is the highest dollar amount offered at each Auction’s close (“Winning Bid”) Any individual that makes a Bid is a “Bidder.”
a) Entering Bids
After creating a Bidder account (see “Registration” on the Auction site) and reviewing these Conditions of Sale, to place a Bid, click the item you are interested in and enter your dollar amount. You can Bid online from your computer or mobile device. If you are outbid, you will receive a text or email notification with a link back to the item should you wish to increase your Bid. All Bids are placed in whole numbers, no cents.
b) Payment
As soon as you place and confirm your Bid, your Bid is submitted. You accept and agree that any Bid submitted by you is final. SW is not responsible or liable for any problems, delays, or other issues resulting from the use of the Internet, including but not limited to transmission, execution, or processing of your Bid. SW is not responsible for any errors in bidding. A Bidder should make certain to bid on the correct lot. The Bidder should make sure the bid price they enter (including any taxes or fees) is the price they are willing and able to pay. Once the hammer has fallen (i.e. the bidding has closed) and the Winning Bidder has been announced, the Bidder is unconditionally bound to pay for that lot, even if the Bidder has made an error. The credit card of the Winning Bidder will be billed within 24 hours of Auction close. If the credit card is declined for any reason, the next highest Bidder will become the Winning Bidder and the process will begin again until completed.
A Bid(s) entered by mistake on the part of a Bidder is NOT grounds for cancellation of that Bid. Each Bidder is responsible for their own account and for their Bid. In addition, allowing access to another who enters a bid without your knowledge is NOT grounds for cancellation of a Bid.
c) Shipping
If the item won requires shipping, the Winning Bidder’s credit card will be billed separately for any shipping costs. Standard shipping fares will apply.
d) Fraudulent Bidding
All Bidders must meet SW’s qualifications to bid. Any Bidder may be disqualified at SW’s sole discretion and will not be awarded any Property. Such determination may be made by SW in its sole discretion, at any time prior to, during, or even after the close of the Auction. SW reserves the right, in its sole discretion, to exclude any person from the Auction.
Bidding is not available to minors under the law of the applicable jurisdiction or individuals who cannot form legally binding contracts under applicable law.
If an entity places a Bid, then the person executing the Bid on behalf of the entity agrees to personally guarantee payment for any successful Bid.
e) Winning & Disputes
The successful Bidder is the highest Bidder acknowledged by SW. In the event of any dispute between Bidders, or in the event of doubt on SW’s part as to the validity of any Bid, SW will have final discretion either to determine the successful Bidder or to re-offer and resell the Property in question. If any dispute arises after the sale, SW’s sale record is conclusive. While SW makes every effort to guarantee accuracy, in the event of an error, and a Property is accidentally declared sold by mistake, SW reserves the right to cancel the sale and relist the Property in its sole discretion.
By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.
Title to any Property remains with SW until the Property is paid for in full by the Bidder. SW reserves the right to require payment in full before delivering any Property to the successful Bidder.
f) Description of Service and Right to Use
SW is providing Bidder with an auction service to buy Property (the “Service”). In consideration for this Service, Bidder agrees to: (1) provide certain current, complete, and accurate information about themself as requested by the Service; and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by Bidder is incomplete or inaccurate, SW reserves the right to terminate Bidder’s Biddership and rights to use the Service.
DISCLAIMER OF WARRANTIES – ALL PROPERTY IS SOLD “AS IS” AND SW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL SW BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THE PROPERTY. No statement, notice or description made in respect of the Auction, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. SW makes no representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the Property.
VALUATION – If any relevant information on the Property is not available on the site, prospective Bidders assume the responsibility of contacting SW to inquire for additional details. In any purchase or sale, the estimated value of the Property is reflected by the price. The Bidder hereby assumes all risks of valuation concerning any and all purchases.
AUTHENTICITY – SW assumes no risk, liability, or responsibility for the authenticity of the authorship of any Property offered at this Auction (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any Property is identified).
WITHDRAWAL – SW reserves the right to withdraw any Property at any time before, during and after the sale of such item, without any liability therefor.
MODIFICATIONS TO SERVICE – SW reserves the right to modify or discontinue the Service with or without notice to Bidder. SW shall not be liable to Bidder or any third party, in tort or in contract, should SW exercise its right to modify or discontinue the Service.
LIMITATION OF LIABILITY – SW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY PROPERTY OR GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF BIDDER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OBLIGATIONS OF SW – Bidder acknowledges and agrees that SW does not endorse the Property that is sold through the Service. Bidder acknowledges and agrees that SW is not responsible for any damage to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. No claim with respect to the Property and/or the Auction shall exceed the cost of the Property involved with the transaction(s).
BIDDER ACCOUNT, PASSWORD, AND SECURITY – Once you become a Bidder, you will receive a username and a password. Bidders are entirely responsible for maintaining the confidentiality of their username and password. Furthermore, Bidders are entirely responsible for any and all activities occurring under their username and password. Bidder agrees to immediately notify SW of any unauthorized use of Bidder’s username or any other breach of security known to Bidder.
NO RESALE OR COMMERCIAL USE OF THE SERVICE – Bidder’s right to use the Service is personal to Bidder. Bidder agrees not to resell or make any commercial use of the Service and/or Property, without the express written consent of SW.
BIDDER CONDUCT – Bidder is solely responsible for the content of their transmissions through the Service. Bidder’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Bidder agrees: (1) to comply with United States law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. Bidder agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Bidder further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. SW may, at its sole discretion, immediately terminate Service should Bidder’s conduct fail to conform to these Conditions of Sale.
OTHER LIMITATIONS – SW retains the right, at SW’ sole discretion, to determine whether or not Bidder’s conduct is consistent with the letter and spirit of these Conditions of Sale. SW reserves the right to terminate Service if a Bidder’s conduct is found to be inconsistent with these Conditions of Sale.
INDEMNIFICATION – Bidder agrees to indemnify and hold harmless SW, and any of their respective parents, partners, subsidiaries, affiliates, directors, trustees, partnerships, principals, governors, representatives, agents, charitable partners, sponsors, officers and employees, successors and assigns, from any claim or demand, and resulting losses, liabilities and damages (including, but not limited to, reasonable attorneys’ fees), due to or arising out of Bidder’s use of the Service, the violation of these Conditions of Sale by Bidder, or the infringement by Bidder, or other user of the Service using Bidder’s computer, username or password of any intellectual property or other right of any person or entity.
OWNERSHIP – All content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SW and is protected by U.S. and foreign copyright laws and international conventions. As between you and SW, the compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of SW and is protected by U.S. and foreign copyright laws and international conventions. The content on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.
TERMINATION – Should Bidder object to any of these Conditions of Sale or any subsequent modifications hereto or become dissatisfied with the Service in any way, Bidder’s only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service Biddership.
APPLICABLE LAW – This Agreement shall be governed by and construed in accordance with laws of the United States of America and the State of New York applicable therein, and the parties hereto irrevocably agree to the exclusive jurisdiction of the courts of Kings County, New York.
These Conditions of Sale (as detailed above) comprise the entire agreement between you (having registered as a Bidder) and SW and supersede all prior agreements among these parties regarding the subject matter contained herein. By submitting a Bid, you acknowledge that you are bound by these Conditions of Sale and that you are of legal age in the applicable jurisdiction and are otherwise capable of forming a legally binding contract.
