M.M.LaFleur x The NY Liberty: Giving Tuesday 2023 Charitable Auction Terms and Conditions

Last Updated: November 30, 2023

Welcome to the M.M.LaFleur Inc. M.M.LaFleur x The NY Liberty: Giving Tuesday 2023 Charitable Auction (the “Giving Tuesday Charitable Auction” or the “Auction”) Terms and Conditions administered by M.M.LaFleur Inc. (“M.M.LaFleur” or “us” or “we” or “Administrator”). PLEASE READ THESE TERMS AND CONDITIONS (WHICH MAY ALSO BE REFERRED TO HEREIN AS THE “OFFICIAL RULES”) CAREFULLY. THESE TERMS & CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND M.M.LAFLEUR, AND STATE THE TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN THE GIVING TUESDAY CHARITABLE AUCTION. BY YOUR PARTICIPATION IN THE GIVING TUESDAY CHARITABLE AUCTION, YOU AGREE TO ABIDE BY THESE TERMS & CONDITIONS. IF YOU DON’T AGREE TO THESE TERMS & CONDITIONS, YOU MAY NOT PARTICIPATE IN THIS CHARITABLE AUCTION.

 

These Terms & Conditions are in addition to the M.M.LaFleur Terms of Use, but only to the extent necessary to govern your participation in the Giving Tuesday Charitable Auction. Capitalized terms not defined in these Terms & Conditions will have the same meaning as in the M.M.LaFleur Terms of Use. If these Terms & Conditions are inconsistent with the M.M.LaFleur Terms of Use, these Terms and Conditions will govern your participation in the Giving Tuesday Charitable Auction.

 

  1. How to Enter
    To enter the M.M.LaFleur x The NY Liberty: Giving Tuesday 2023 Charitable Auction, you must submit your name, unique email address, payment method, and bid in USD on the auction site, hosted by M.M.LaFleur through Shopify’s Tipo Auction Site (a “Submission”).  The Auction site will be accessible through a link that will be included over social media channels as well as distributed via email. Participation is by invitation only and completely voluntary. Each Participant will be notified about the opportunity to participate in the Auction via social media channels and/or email from M.M.LaFleur, New York Liberty, LLC (“The New York Liberty”), and Bottomless Closet.  The Winner of each prize package will be determined as the entrant to have submitted the highest bid in USD at the time of the auction close (see below). Delivery of prizes requires a winner to enter the Auction on the Auction site accessed via the Auction URL and enter a bid in USD. Only fully completed entry bids are eligible. Providing a Submission also constitutes entrant’s consent to receive email updates from M.M.LaFleur and The New York Liberty in accordance with their respective privacy and communications policies.  All proceeds from the auction will be donated to Bottomless Closet.

 

  1. Start/End Dates
    Auction begins at 12:00 AM EST on November 23nd, 2023 and ends 11:59 PM EST on December 6, 2023. (“Auction Period”).

 

  1. Eligibility
    Participation is open only to Participants who submit their name and email address on the Auction site and only to legal residents of the fifty United States or the District of Columbia, who are at least 18 years old as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. The Auction may be entered in or from the Auction site. Entries originating from any other source are not eligible for entry. All federal, state and local laws and regulations apply.

 

  1. Auction Winner Determination and Prize(s)
    There will be a total of one (1) winner for each of the four (4) auction prize package. The winner will be the entrant who has submitted the highest bid in USD at the time of auction close, Administrator will automatically complete the transaction for purchase by the highest bidder and deliver prize package details to each winner.  All bidders’ eligibility will be verified by Administrator in its sole and absolute discretion. All eligibility determinations, adjudications and/or verifications will be determined by Administrator in its sole and absolute discretion. By entering the Auction, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Administrator, which will be final and binding in all matters relating to the Auction.

    AUCTION PRIZE PACKAGES:
    Bid on four exclusive, one-of-a-kind experiences sponsored by M.M.LaFleur and The New York Liberty as listed below (each, a “Prize”, and collectively, the “Prizes”). All proceeds will be donated to Bottomless Closet.

 

  • Signed New York Liberty Basketball by Head Coach Sandy Brondello & $350 M.M.LaFleur Shopping Spree
  • Two (2) New York Liberty Regular Season Home Game Lower Bowl Tickets & $500 M.M.LaFleur Shopping Spree
  • One (1) 30-minute Business-Coaching Session with M.M.’s CEO, Sarah LaFleur, and The New York Liberty’s CEO, Keia Clarke (IRL or Virtual)
  • NYC Trip for Two, Featuring two (2) lower bowl tickets to a New York Liberty Regular Season Home Game, a $1,500 M.M. Shopping Spree with a Stylist, and a Stay at the Beekman Hotel

 

  1. ALL PRIZES AND REWARDS

    Prize(s) are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Administrator reserves the right to substitute a prize of equal or greater value. Unclaimed Prizes may not be awarded. Winner(s) is/are not entitled to receive difference between actual and approximate retail value, to exchange, substitute, assign or transfer any Prize or redeem any non-monetary Prize for cash. Administrator, in its sole discretion, may substitute any Prize (or Prize component, if applicable) with one of equal or greater value. Additional Prize restrictions, limitations and exclusions may apply. Administrator is responsible solely for delivery of each Prize and is not responsible for Prize utility or quality. Prize winners is/are solely responsible for all taxes, fees and any other cost associated with the Prize acceptance and use. All unspecified expenses are the responsibility of winners.

 

  1. Notification
    Auction winners will be notified by the Administrator within one (1) business day after the end of the Auction Period.

 

  1. Conditions
    All federal, state and local taxes are the sole responsibility of the winner(s). By participating, entrants agree to release and hold harmless Administrator, The New York Liberty, their respective affiliates, partners and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, owners, members, managers, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Auction, or possession, acceptance and/or use or misuse of Prizes or participation in any Auction-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Administrator is not responsible if the Auction cannot take place or if the Prizes cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this  Auction in any way shall be disqualified.

 

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. Limitation of Liability; Disclaimer of Warranties
    IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR PARTICIPATION IN THE AUCTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE AUCTION. WITHOUT LIMITING THE FOREGOING, THIS AUCTION AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

  1. Disputes; Governing Law
    The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Auction. Any controversy or claim arising out of or relating to these Official Rules and/or the Auction shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

    THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Auction, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

 

  1. Use of Data
    Administrator will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Administrator’s privacy policy at https://mmlafleur.com/privacy-and-terms/privacy-policy. By participating in the Auction, entrants hereby agree to Administrator’s collection and usage of their personal information (including as contemplated under these Auction rules) and acknowledge that they have read and accepted Administrator’s privacy policy and these Auction rules.

 

  1. List of Winners/Winner’s Names
    To obtain a copy of the Winner List or a copy of these Official Rules, send your request via email to bonjour@mmlafleur.com. Requests for the names of the winners must be received no later than two weeks after the Auction Period has ended.

 

  1. Administrator
  1. LaFleur Inc., 100 Broadway, 3rd Floor, New York, NY 10005.

 

  1. WNBA Rules

The Auction, the Prize and the terms and conditions contained herein shall be      subject to all WNBA rules, regulations, resolutions, and agreements, as they may be modified or amended from time to time.