These Auction Rules, Terms and Conditions (“Terms”) are a binding legal contract between DotGive, LLC (“DotGive”) and the bidder. These Terms apply to and govern your use of victorymondays.net (“Victory Mondays”). Please read these terms carefully and do not use Victory Mondays if you do not agree with these Terms. Services provided by Victory Mondays include but are not limited to: Auctions and the unique memorabilia or property (hereinafter defined) or customized experiences (hereinafter defined). By using this Site and participating in these auctions, YOU AGREE TO BE BOUND TO ANY PURCHASES YOU WIN AND YOU FURTHER AGREE TO BE BOUND BY THESE TERMS.
As a condition of using certain features of Victory Mondays, you are required to register through its website. Registration on Victory Mondays requires all bidders to create a user account ("User Account") whereby you will provide your real name, phone number, email address, credit card details, and other requested information, and selection of a password and user I.D. (“User I.D.”). We reserve the right to refuse registration of, or to cancel, a User Account in our sole discretion. Victory Mondays is available only to those who register and meet the terms of eligibility, who hold a current, valid payment form (credit or debit card), and who have authorized DotGive to process any and all charges on their credit card or bank account for items(s) won. As part of the registration process, DotGive will validate your credit card and/or bank information. DotGive reserves the right to review, change, or remove any person registering to participate in any auction on Victory Mondays, at any time and for any reason.
Victory Mondays offers items for Auction to bidders, with highest bid at the close of the auction to purchase those items. DotGive is responsible for the operation of the Services only and serves only as a technology platform to facilitate auctions for specific memorabilia items or unique experiences. Experiences may not be assigned, sold, gifted or conveyed to another party without the prior written consent of DotGive. Attempt to so transfer a unique experience shall be null and void, and will result in the forfeiture of the unique experience and the winning bid amount.
The ending time for each auction is communicated via the individual auction pages. All bids will be accepted from the opening of the auction until the ending time only, and DotGive reserves the right, without notice, to extend, terminate or change the auction in the event of problems beyond its control alter the functionality of the Victory Mondays.
Any bid made by a registered bidder is authorized by the creator of the account and the winning bidder is bound to pay DotGive the winning bid amount. The registered bidder is responsible for all bids placed under his confirmed account.
At the close of an auction, DotGive staff will review all bids and notify via email the winning bidder. By bidding in an auction you acknowledge and agree that within two (2) business days from the auction’s close, the winning bidder’s credit card or bank account associated with the user registration will be charged the winning bid amount, plus the following costs and fees if applicable: sales tax, use tax, and any other applicable taxes. Separately, the winning bidder’s credit card or bank account will be charged shipping and handling fees associated with the item or experience. All transactions on and bid amounts on Victory Mondays are displayed and charged in U.S. dollars (USD).
Following collection in full of the winning bid amount, DotGive shall retain an amount equal to twenty percent (20%) of the winning bid amount, and then provide the remaining proceeds to the designated recipient of the auction (i.e. Charitable Beneficiary).
DotGive is not obligated to sell an auction item if the starting/initial bid amount is not reached.
Winning bidder understand that each auction item will include a description of specific rules and restrictions regarding that item. Winning bidder may not have item fulfilled if he does not adhere to rules outlines for fulfillment. If an auction item is not delivered or fulfilled due to a winning bidder not following auction rules, the winning bidder will lose the auction item as well as the winning bid amount. Once an item is in the winning bidder’s possession, DotGive will no longer be responsible for loss of or damage to that item.
If the auction item is damaged through shipment, you must notify DotGive within two (2) business days of your receipt of the auction item. You must provide, photograph and damaged packing materials and all contents of the package(s), including the item, in order to make a claim for replacement or refund. DotGive will work with the winning bidder with the claim as well as the auction item provider (if necessary) to provide an appropriate replacement or refund.
Claiming and Scheduling a Unique Auction Experience: Winning Bidder is responsible for scheduling the experience that they have won through DotGive or directly with the provider of the experience (Charitable Organization). If the winning bidder does not attempt to schedule the experience in an appropriate time frame, the winning bidder will not receive the experience and will not be eligible for a refund. If the auction experience won cannot be scheduled due to circumstances beyond the control of the winning bidder’s and no alternate and mutually agreed upon equivalent item or experience can be provided, then DotGive will issue a full refund.
DotGive reserves the right, to cancel any auction at any time during the bidding process. Bidders will be notified of the cancelation, and the canceling of any auction may occur at the sole discretion of DotGive.
DotGive guarantees the authenticity of the items in its auctions. If a winning bidder requires additional authentication, DotGive will provide viable licensed authenticators to assist the winning bidder. Any additional authentication is conducted by and at the sole expense of the winning bidder.
Any disputes of an auction item by the winning bidder will be settled between DotGive and the winning bidder through an independent arbitrator. The independent arbitrator shall be jointly chosen by the winning bidder and DotGive. The award made by the single arbitrator shall be final and binding, and judgment may be entered in any court having jurisdiction. The cost of the arbitration procedure shall be borne by the losing party of the dispute. At the request of either party, arbitration proceedings shall be conducted in the utmost secrecy. In such case, all documents, testimony and records shall be received, heard and maintained by the arbitrator in secrecy, available for inspection only by a party and by their respective attorneys and experts who shall agree, in advance and in writing, to receive all such information in secrecy. The winning bidder waives any rights to a jury trial regarding any dispute.
Each party to these Rules, Terms and Conditions agrees to indemnify each other party and hold it harmless from and against all claims, damages, costs and expenses (including attorneys' fees) attributable, directly or indirectly.
These Rules, Terms and Conditions shall be governed by the laws of the State of Tennessee and suit to enforce any provision of these Rules, Terms and Conditions or to obtain any remedy may be brought in Superior Court, Davidson County, Tennessee and for this purpose each party fully consents to the jurisdiction of that court.
These shall be governed by and construed in accordance with the laws of the state of Tennessee without regard to conflicts of law principles of such state.
The trademarks, service marks, trade names, and trade dress on and copyrights to the content of Victory Mondays are the property of DotGive and protected by United States and international laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content from Victory Mondays is strictly prohibited.
Bidder may terminate this agreement with DotGive at any time with the exception of after successfully winning and auction item by simply stopping to use Victory Mondays and deregistering the created bidder account.
Except as specifically provided herein, this document constitutes the entire agreement between you and DotGive. These Rules, terms and Conditions may be amended, revised or modified by DotGive and only DotGive at any time.