Outbid User Terms and ConditionsPLEASE READ THE FOLLOWING TERMS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OPERATOR OF THE OUTBID SERVICE (AS THAT TERM IS DEFINED IN THE OUTBID TERMS OF SERVICE), OUTBID.COM, INC. (“OUTBID”). BY REGISTERING FOR AN ACCOUNT ON THE OUTBID SERVICE, OR BY ACCESSING OR USING FEATURES OF THE OUTBID SERVICE AS A SELLER, AUCTIONEER, OR BIDDER (AS THOSE TERMS ARE DEFINED HEREIN), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE APPLICABLE TERMS. IF YOU DO NOT AGREE, THEN PLEASE DO NOT USE THE OUTBID SERVICE.
- 1. Applicability of Terms; Eligibility.
- Guidelines. When using the Outbid Service, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into the Terms.
- Eligibility. In order to be eligible to use the Outbid Service to participate in an Auction as a Seller, Auctioneer, Bidder, or (as those terms are defined below), you must: (i) Register for a single account on the Outbid Service (Your "Outbid Account"); (ii) not have previously been removed, restricted, from the Outbid Service, or had an Outbid account terminated by Outbid for any reason; and (iii) be at least 18 years of age. If you wish to create an Auction, upload an Auction, access an Auction, Bid on an item, view Bid history on an Item, or join a Live Auction, you will need to Register for an Outbid Account. Outbid may process Registrations through Facebook Connect, in which case your Outbid Account will be linked to your Facebook account, and Outbid will have access to all information in your Facebook account that you have configured your account settings to allow to third party developers.
- Outbid Platform. Outbid is not an auctioneer or auction house, and does not conduct auctions. Outbid solely provides the platform for Users to host and participate in Auctions. Except to provide the platform, Outbid does not participate in Auctions, nor is Outbid involved in the process of initiating, or consummating any transaction between Users. All transactions and interactions between Users on the Outbid Service are directly between such Users. Notwithstanding the above, Outbid reserves the right to conduct promotional events using the Outbid platform.
- Compliance with Laws. You agree to comply with all applicable laws and regulations, including without limitation i) any and all necessary licensure, disclosure, and other requirements related to auctions, auction houses, auctioneers, and related services, ii) laws regulating the sale and purchase of particular goods or with particular parties, and iii) intellectual property laws. You are solely responsible for determining the nature and extent of applicable regulation in your local jurisdiction.
- 2. Definitions. Capitalized terms used but not defined in these User Terms have the meanings given to them in the TOS. The following have the meanings set forth below:
- “Auction” means an auction hosted on the Outbid Service.
- “Auctioneer” means a User that leads the Auction during the Live Auction. The Seller may assume this role or pass control to someone else in the Auction (as further described in Section 3.d, below).
- “Bid” means a Live Bid. “Bidding” means the process of submitting Bids. “Bidder” means a User that participates in an Auction by Bidding to purchase items from a Seller.
- “Live Auction” means the portion of the Auction during which Live Bids are submitted by Users. “Live Bid” means the bids submitted during the Live Auction, as described in more detail in Section 4.c, below. “Live Bidding” means the process of submitting Live Bids.
- “Register” means to create or enable an account on the Outbid Service, whether by registration directly through Outbid.com or through Facebook Connect.
- “Seller” means a User who creates an Auction, adds and sells items, invites Bidders and handles fulfillment.
- “User” means a user of the Outbid Service, including you. A User may play multiple roles (such as Seller, Auctioneer, and Bidder) from time to time on the Outbid Service, including in the course of a single Auction (except that a Seller may not Bid on the Seller’s own items, as set forth more fully in Section 4.b).
- “Winner” means a User that successfully wins an item with the highest Bid above the Seller’s reserve price
- 3. Hosting an Auction. If you are a Seller, you may create, configure, upload, and manage Auctions, as follows:
- Creating an Auction: To create an Auction, you must identify a date and time for the commencement of the Live Auction, and add at least one item with an image for sale.
- Adding Auction Items: You must list a limited number of items being sold in your Auction, populate the listing with information and materials related to the item. You must have full power and authority to sell the item, and by listing an item for sale, you represent and warrant that you have such power and authority.
- Uploading Auctions: Your auction will not be searchable or browseable to other Users until you choose to upload it on the Outbid Service. Prior to uploading you must set terms and parameters of the Auction.
- Sending Invitations: The Outbid Service provides features and/or integrates with third party systems that allow you to send invitations to potential attendees. You may only use such features for purposes of sending bona fide invitations to potential attendees, and you must comply with all applicable laws and regulations and third party terms in your use of such features, including without limitation CAN-SPAM and other regulations concerning sending of unsolicited email. For more information on CAN-SPAM and how to comply, please visit the FTC’s CAN-SPAM Compliance Guide located at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.
- Live Auction Limitations. You may invite as many Users as you would like to your Auction. However, there may be a limit on the number of users that may attend a Live Auction at any given time.
- No Changes. Once you have uploaded your Auction it is final and cannot be changed. Please be sure to review and double check all aspects of your Auction, including all the Items included, before you upload.
- The Mic. The Outbid Service includes functionality allowing a single User or multiple designated Users attending a Live Auction to broadcast live audio to other Users attending the Live Auction, as follows (the “Mic”):
- Required Hardware and Software. Use of the Mic feature to broadcast and receive audio requires additional hardware (such as a microphone and / or speakers) and software not provided by Outbid.
- Recording Audio. By using the Mic feature, you agree and acknowledge that Outbid may i) record any and all audio captured through your use of the Mic, ii) store that audio content for a reasonable time, and iii) broadcast that audio to all other Users and potential Users of Outbid. Outbid may store copies of such recordings as required by applicable auction law or other applicable regulation.
- Passing the Mic. Upon the completion of Live Bidding for a particular item, the Seller may designate a different User to take control of the Mic, or the Seller may take control of the Mic.
- 4. Bidding.
- Bidding Generally. Submission of a Bid constitutes a binding offer to purchase the item for the amount offered in the Bid, and on the terms offered by the Seller.
- No Manipulative Bidding Practices. You may not engage in any manipulative or disruptive Bidding practices, including without limitation “shill” bidding or any other practice designed to interfere with the natural progression of Bidding or otherwise affect ultimate sale price of any item. Without limiting the generality of the foregoing, in no event may a Seller Bid or cause any other User to Bid on any item in the Seller’s own Auction.
- Live Auction
- Joining Live Auction. You must click “Join Live Auction” from the main Auction listing page to enter the Live Auction. There may be a limit on the number of users that may join the Live Auction, on a first come, first served basis. Once the maximum number of attendees has been reached, no more Users may join the Live Auction and participate in the Live Auction unless space becomes available.
- Process. Live Bids are submitted in increments pre-defined by Outbid. Live Bidding opens with the starting bid set by the Seller. If you wish to bid the next increment higher (e.g. offered amount), simply click the “Bid” button. If enough time passes without a subsequent Live Bid, the item is sold to the current high bidder.
- Monster Bid. The “Monster Bid” feature allows a Bidder to bypass the next pre-defined increment in favor of submitting a larger Bid. The ability to Monster Bid requires the bidder to have placed a bid 3 times on a single Item and the monster bid is active for the remainder of the Bidding for that Item.
- Ejection. The Seller may, in the Seller’s discretion, eject a Bidder from the Live Auction. The Bidder will be removed from the Live Auction, and will not have the ability to enter any more Live Bids. Bidders ejected in this manner are still responsible for completion of any purchases the Bidder initiated in the Auction.
- Reserve Prices. If, following the completion of the Live Auction, the highest Bid does not meet or exceed the reserve price for the item, the high Bidder will not Win the Item, and the Item will not be sold. During Live Auction, you will know that the reserve price has been met when the “Selling All the Way!” indicator is displayed.
- 5. Additional Terms for Bidders.
- Conditions of Sale. The terms and conditions for participation in an Auction, how the sale is to be consummated, the currency used, warranties offered for items sold, shipping methods and costs, insurance and other similar terms are between the Seller and the Winner. You should review and familiarize yourself any and all terms of sale provided by the Seller prior to Bidding on an item, as your Bid constitutes a binding offer to purchase the item on the Seller’s specified terms, if you are the Winner.
- No Control. Outbid does not have any control over the quality, safety, legality, or other aspect of the items listed for sale in Auctions, nor does Outbid have any control over the accuracy, truthfulness, quality, or other aspect of the materials associated with listings, such as the title, description, photographs.
- Points: During the Live Auction, Bidders may earn points in connection with participation in the Live Auction, which may then be posted on “leaderboards”. Points, and associated leaderboard features, which allow Users to view other Users’ points, are for entertainment purposes only. Points have no monetary value, are not currency, and cannot be used, exchanged, transferred, or redeemed for any purpose.
- 6. Additional Terms for Sellers.
- Prohibited Items. You may not list or sell any items that are prohibited by law, or for which sale through the Outbid Service would be prohibited by law, or which are otherwise prohibited by these terms.
- Services. The item you offer in an Auction may be a service, in which case you represent and warrant that you possess all necessary licenses to perform such services. In such a case, references herein to delivery of items will be construed to mean provision of the services.
- Binding Offer to Sell. Listing an item for sale in an Auction constitutes a binding offer to sell the item at or above any reserve price you may have set, if applicable. As such, you may not list an item you do not currently own or have the authority to sell, nor may you simultaneously list the item for sale through any other marketplace, or offer it for sale to any third party, unless and until the Auction is completed without resulting in a successful sale of your item.
- Withdrawing Items. During Live Auction, the Seller may choose to withdraw an Item, in which case Bidders will not have an opportunity to Bid on and purchase the Item.
- Reserve Prices and “Selling All the Way!”. A “reserve price” is the lowest price at which you are willing to sell an item. You may choose to list items with or without a reserve price. If you do not set a reserve price, the item will be sold to the highest Bidder, no matter what the amount is. Your reserve price will not be visible to Bidders. You will know that the reserve price for an Item has been met during Live Auction when the “Selling All the Way!” indicator is displayed.
- Listing Information. Your listing must comply with the following requirements.
- Item Descriptions. The title, description, and any other information (including photos) you provide in connection with your listing must be accurate and not misleading, and the item you deliver must conform to the description.
- Payment Method. You must specify i) your accepted method of payment which may include PayPal or cash (although you may not require a Winner to send cash through the mail).
- Method of Delivery. You must specify the method for delivery of the item (which can include in person pickup), and any associated shipping and handling fees that will be charged to the Winner.
- Custom Terms. In addition to the pre-defined terms of sale that you can configure (reserve price, payment method, applicable taxes, etc.), Outbid may offer you features to specify additional terms, such as warranties and return policies.
- No Changes. Once the Auction is uploaded, you may not change any aspect of an Item, including descriptions, photos, payment and delivery methods, or any of the terms of sale.
- Completion of Sale. Upon successful completion of a sale through the Outbid Service, you agree to fulfill the transaction completely on the terms you offered, and you must promptly contact the Winner to make arrangements to complete the transaction. The Seller is solely responsible for completion of sale and the fulfillment process.
- Taxes and Other Fees: You are solely responsible for the collection and payment of any and all applicable taxes, levies, or other applicable fees associated with your sales of items and any third party fees that you may incur in connection with your use of the Outbid Service, such as internet connectivity and other similar fees.
- 7. Ratings. Users may submit ratings and feedback information regarding Sellers that conduct Auctions.
- Generally. You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience You had with the recipient of your review. Any other use, misuse, or abuse of the rating and feedback systems is strictly prohibited. Without limiting the generality of the foregoing, i) You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which You are entitled (such as goods or services beyond those listed and purchased by a Bidder), ii) You may not condition performance of any obligation You incur through your use of the Outbid Service (such as the completion of any sale) on submission of positive feedback, and iii) You may not submit feedback or ratings for the purpose of manipulating another User’s rating.
- Publicly Available. Rating and feedback information submitted by a User may be made available through the Outbid Service to other Users or others.
- 8. Mobile Application. If Outbid makes available to you any downloadable application for your mobile or handheld device (a “Mobile Application”), then the Mobile Application will be provided to you under a limited license, and the use of such Mobile Application (and the access and use of the Outbid Service through the Mobile Application) will be subject to separate additional terms.
- 9. User Submissions.
- General. The Outbid Service provides a variety of features which enable users to directly and indirectly post content, including text, images, audio, audiovisual and other types of works, such as by creating a profile, uploading an Auction, submitting audio through the Mic feature, sending an Auction invitation through the Service, or using any other feature that Outbid may provide that enables you to submit, upload, or communicate information or materials of any kind through the Outbid Service (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, broadcast, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Outbid. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Outbid, are entirely responsible for all User Submissions that you make available through the Outbid Service.
- No Obligation to Publish. Outbid makes no representations that it will publish or make available on the Outbid Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Outbid Service, or to remove all or a portion of any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, i) Outbid may remove User Submissions that do not comply with the Terms, and ii) Outbid complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice. Further, the Seller has the right and ability to moderate, edit, and delete User Submissions submitted by other Users in connection with Auctions uploaded by that Seller (such as blog posts, comments, and the like).
- License Grant by You to Outbid. By submitting User Submissions to Outbid, you hereby grant Outbid and its affiliates a non-exclusive license to use, your User Submissions and modifications thereof, in connection with the operation and promotion of the Outbid Service.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. Further, you affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Outbid to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
- Customer Support. Outbid provides a variety of customer support information and documentation through the Outbid Service. If you are having difficulty using the Outbid Service, you should review these materials, which may answer your questions. Outbid may also make representatives available to assist you with your customer support needs through email. If you are unsatisfied with the Outbid Service, or any customer support you receive through the Outbid Service (including via email), your sole remedy is to terminate your account on the Outbid Service.
- Service Outages. Outbid is committed to providing a stable and reliable platform for Auctions. Accordingly, we generally schedule maintenance and upgrades at off-peak times to minimize interruption, and notify Users in advance of scheduled maintenance. We cannot and do not however, guarantee that the Outbid Service will be uninterrupted or free of errors or outages.
- Unauthorized commercial communications (such as spam)
- Materials containing viruses or malicious code
- Login information belonging to another party
- Materials that are hateful or threatening
- Materials that are pornographic or contain nudity
- Materials that incite violence
- Materials that depict graphic or gratuitous violence
- Alcohol or mature content materials
- Materials that are unlawful
- If a Winner does not pay for an item purchased within a reasonable period, or if the Winner’s payment does not clear, be aware that the Seller may be able to rescind the sale and may transfer the item to someone else, or pursue any other available remedies.
- If a Seller does not deliver an item that Winner purchased and paid for within a reasonable period, or if a Winner determines that an item the Winner purchased and paid for is not as advertised in the description and/or photographs provided during the Auction, the Winner may contact the Seller to request a refund. Be aware that the Winner may be able to escalate the issue through the Winner’s payment provider, if one was used, or pursue any other available remedies.
Effective Date: April 10, 2013
Official Bingo Game Rules
(Click here to view the Bingo FAQs)
Outbid Bingo Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED. THIS GAME IS NOT AVAILABLE ON OUTBID'S iOS (APPLE) OR ANDROID (GOOGLE) APPS. THE GAME CAN BE VIEWED USING A MOBILE BROWSER (FOR EXAMPLE, ON A MOBILE PHONE OR TABLET), BUT IT IS NOT OPTIMIZED FOR THAT EXPERIENCE.** FOR BEST RESULTS, USE OF A DESKTOP OR LAPTOP COMPUTER IS RECOMMENDED.
**(If using a mobile phone or tablet, your participation in the Game may subject you to charges as per your mobile provider's pricing plan. Such charges are your sole responsibility. You also accept and agree that wireless Internet access may not be available in all areas at all times.)
The "Outbid Bingo Sweepstakes" ("Game" or "Promotion") also referred to as "Outbid Bingo" or simply "Bingo" is sponsored by Outbid.com, Inc., 1625 Clay Street – 5th Floor, Oakland, CA 94612 ("Sponsor" or "Outbid.com"). Outbid.com runs Outbid Bingo in conjunction with certain interactive auctions it offers at www.Outbid.com. Outbid auctions involved in the Sweepstakes (that feature a "Bingo" game) are listed on the schedule of auctions available at Outbid.com and are clearly labeled as "Bingo Enabled."
Auctions conducted by Outbid.com and/or by third-party sellers may be Bingo Enabled; but, regardless of who is conducting the Bingo Enabled Auction, the Game will, in all cases, be sponsored by Outbid.com. (For the avoidance of doubt, this applies even to those Auctions conducted by third-party sellers, as opposed to Outbid.com.)
Do not participate in the Promotion if you are not a legal resident of the United States, and/or not 18 years of age or older at the time of registration and participation, as well as otherwise being in full compliance with the Terms of www.Outbid.com (including the eligibility provision of the Terms) which are accessible at www.Outbid.com/cms/terms-and-conditions.
The Sweepstakes is NOT a true game of bingo. Prizes will be awarded based on obtaining pre-established winning game cards (see Rules 2 and 3 below for complete explanation of the winner determination process).
1. Promotion Period
Promotion begins on or about Monday, April 8, 2013 and ends on or about Sunday, September 29, 2013. The Promotion consists of AT LEAST twenty-five (25) separate and independent weekly chance promotions (each a "Bingo Enabled Auction"). In each Bingo Enabled Auction, one (1) prize of AT LEAST two-dollars ($2) each is available to be won.
Outbid.com will run AT LEAST one (1) Bingo Enabled Auction per week (that is, Monday – Sunday) during the Promotion Period, most often on Wednesday at 5PM Pacific Time ("PT"). Based on consumer interest, more Bingo Enabled Auctions may be offered in Sponsor's sole discretion; however, Sponsor is not obligated to offer more than one (1) Bingo Enabled Auction per week. To see when Bingo Enabled auctions are scheduled to run, players can visit www.Outbid.com. All auctions featuring Bingo are clearly listed on the schedule of auctions as "Bingo Enabled." (Players are advised to review the schedule of auctions periodically as Sponsor may modify the schedule one (1) or more times after initial listing.) And, Bingo Enabled Auctions will be posted at least 48 hours before they are scheduled to run. (Absent extraordinary circumstances, Bingo Enabled Auctions will not be postponed or cancelled within such 48-hour period.)
IT IS IMPORTANT FOR PLAYERS TO ARRIVE EARLY TO BINGO ENABLED AUCTIONS. WE HIGHLY RECOMMEND THAT PLAYERS ARRIVE AT LEAST TEN (10) MINUTES BEFORE A BINGO ENABLED AUCTION'S SCHEDULED START TIME.
The official timekeeping device for the Promotion is the auction server maintained by Sponsor.
2. How to Play
To participate in the Promotion a player must register for an account with Outbid.com and attend a Bingo Enabled Auction AT LEAST thirty-seconds before the bidding is scheduled to begin.
Registration for an account at Outbid.com is most often accomplished through the convenient and well-known registration interface with Facebook, but prospective players can also register by providing their names and email addresses through the registration form located at www.Outbid.com ("Website"). In the case of non-Facebook registration, prospective members are required to validate their email addresses by clicking on a link sent by Outbid.com. A PLAYER REGISTERING IN THIS MANNER IS NOT ELIGIBLE FOR THE GAME UNTIL HE/SHE HAS VALIDATED HIS/HER EMAIL ADDRESS. PLEASE ALLOW AMPLE TIME – OFTEN TEN (10) MINUTES OR MORE -- TO RECEIVE AND RESPOND TO THE VALIDATION EMAIL. Sponsor expressly disclaims any liability for lost, delayed, corrupted or undelivered e-mails regardless of cause. If you cannot locate an email from us, please check your spam folder.
Players who are already registered and have an account with Outbid.com can disregard the above steps; they will be automatically included in a Bingo Enabled Auction so long as they are present in the Lobby (the pre-bidding portion of every Outbid auction) for that Auction at least thirty-seconds before bidding on the first item offered for sale in that Auction is scheduled to begin. The Lobby is open at least ten (10) minutes before every Outbid auction. PLAYERS WHO JOIN A BINGO ENABLED AUCTION AFTER THE BIDDING HAS BEGUN (OR WITHIN THIRTY-SECONDS OF WHEN BIDDING ON THE FIRST ITEM IS SCHEDULED TO BEGIN) WILL NOT BE ISSUED A BINGO CARD AND CANNOT PLAY OR WIN THE GAME FOR THAT BINGO ENABLED AUCTION.
All participation in Outbid auctions (including Bingo Enabled Auctions) must be undertaken in full compliance with the Terms of Outbid.com. Without limiting the foregoing, a single member/player is expressly forbidden from participating in any Outbid auction -- including Bingo Enabled Auctions -- using multiple member/player ID's. Joining an auction using multiple ID's may result in the forfeiture of any Promotion prize(s) you may have won, expulsion from the Outbid.com service, and may lead to civil and/or criminal prosecution.
There is a fixed limit of five hundred (500) players per Game (in a Bingo Enabled Auction.) Allow approximately a half-hour (30-minutes) for a Bingo Enabled Auction/Game to run.
Similarly, Sponsor is under no obligation to run a Game if three (3) or fewer players are present in the Lobby for the corresponding Bingo Enabled Auction 30-seconds prior to the scheduled start time for bidding on the first item offered for sale in that Bingo Enabled Auction. The decision not to run a Game (a "Scrubbed Game") is at the sole discretion of the Sponsor and any such decision will be clearly communicated to the three (3) or fewer players attending the corresponding Bingo Enabled Auction. SPONSOR WILL HAVE NO LIABILITY OR OBLIGATION OF ANY KIND IN CONJUNCTION WITH ANY SCRUBBED GAME. BUT, IF BINGO CARDS ARE ISSUED, THE GAME WILL RUN EVEN IF THREE (3) OR FEW PLAYERS ARE ATTENDING.
It is the sole responsibility of each Outbid member/player to keep his/her registration information (specifically, his/her e-mail address) current; and, Sponsor will have no responsibility or liability for a member/player's failure to do so.
Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without compensation, notification, permission, or approval.
B. Playing the Game
When a registered Outbid member arrives in the Lobby (the pre-bidding portion of every Outbid auction) of a Bingo Enabled Auction he/she will be issued a randomly selected Bingo Card when the first item is presented for bidding. To view the full Bingo Card the player simply clicks the View Card link.
In general, one (1) Bingo Ball icon ("Bingo Ball") will virtually "drop" per item offered for sale by auction during a given Bingo Enabled Auction. However, it will often be the case that there are more items offered for sale in an auction than there are Bingo Balls for that Bingo Enabled Auction/Game. As such, one (1) Bingo Ball will drop per item offered for auction until only one (1) Bingo Ball remains. The last Bingo Ball is ALWAYS dropped when the last item is offered for auction. So, as an example, if twenty (20) items are up for auction in a Bingo Enabled Auction, but the Game only has ten (10) Bingo Balls, the first nine (9) Bingo Balls will be dropped as the first nine (9) items are offered for auction and the tenth (10th) Bingo Ball will be dropped when the twentieth (20th) and last item is offered for auction. (But, no Bingo Balls will be dropped for the tenth (10th) through nineteenth (19th) items being offered for auction; notwithstanding this fact, the Game is still "live.")
An auctioned item DOES NOT have to sell in order for a Bingo Ball to drop. However, for EVERY item sold in the auction AT LEAST** $1 will be added to the Bingo Pot for that Bingo Enabled Auction/Game (the amount of the prize monies received by the validated prize winner for that Bingo Enabled Auction/Game). Money is added to the Bingo Pot regardless of whether or not a Bingo Ball drops in conjunction with an item being auctioned.
The Bingo Pot for each Bingo Enabled Auction starts with AT LEAST** $2 (and, with AT LEAST** $1 being added for EACH AND EVERY LISTED ITEM SOLD in the Auction.) So, as an example, in a twenty-item auction where all twenty (20) items are sold, the Bingo Pot will be $22 (the initial $2 amount + $1 for each of the 20 items sold). In the unlikely event that no items are sold at auction, the Bingo Pot will be $2.
**(Use of "AT LEAST" signifies that the starting amount may be more than $2; and, the amount that a sold item adds to the pot may vary by Bingo Enabled Auction/Game and/or by the specific item offered for sale in a Bingo Enabled Auction/Game. In no event, however, will the sale of a listed item result in the addition of less than $1 to the Bingo Pot.)
BIDDING ON AND BUYING ITEMS AT AUCTION IS NOT REQUIRED AND DOES NOT IMPROVE A PLAYER'S ODDS OF WINNING.
Winning items in an Outbid.com auction and not timely paying for them (or any other violation of the Outbid.com Terms) will result in the forfeiture of any Promotion prize(s) you may have won, expulsion from the Outbid.com service, and may lead to civil and/or criminal prosecution. In the unlikely event that a sold item is not paid for by the person who bid on and won the item, Sponsor reserves the right to reduce the Bingo Pot accordingly.
As Bingo Balls are dropped, the Player's Bingo Card is automatically marked when his/her Bingo Card contains the number exactly matching the number of the Bingo Ball dropped. No action by the player is required. After all of the Bingo Balls are dropped one (1) and only one (1) Bingo Card will be a potential prize-winner in the Promotion (that is, scoring "Bingo"). The winner (first name, last initial) will be automatically announced to all of the players attending a given Bingo Enabled Auction.
A Bingo is scored -- meaning a player is revealed as the winner of a particular Game in a given Bingo Enabled Auction - when the Bingo Balls displayed mark a line of 5 boxes on the player's Bingo Card that complete a horizontal, vertical or diagonal Bingo. The center FREE box always counts toward scoring a Bingo. Examples of winning Bingo patterns appear below:
C. Claiming a Win
The potential prize-winner is automatically notified at the end of every Bingo Enabled Auction/Game. The winner is instructed to click on a Claim Your Win link. This link leads to a scrambled alphanumeric code called a Captcha Code that the pending winner enters to confirm that he/she is present at the end of the applicable Bingo Enabled Auction. IT IS VITALLY IMPORTANT THAT THE PENDING WINNER ENTERS HIS/HER CAPTCHA CODE WITHIN FIVE (5) MINUTES OF THE BINGO ENABLED AUCTION’S CONCLUSION. FAILURE TO DO SO WILL RESULT IN THE FORFEITURE OF HIS OR HER PRIZE AND SPONSOR WILL HAVE NO LIABILITY OR OBLIGATION TO THAT POTENTIAL WINNER. IF, AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION, ANY PRIZE CLAIM IS NOT TIMELY OR PROPERLY SUBMITTED, SUCH PRIZE WILL BE AWARDED VIA THE SECOND-CHANCE RANDOM DRAWING AS PER RULE 3B BELOW.
Once the pending winner has entered his/her Captcha Code, he/she is asked to supply additional information essential for prize fulfillment. The pending winner will be asked to: confirm his/her age; check a box confirming his/her agreement with these Official Rules; and, provide a valid mailing address in the fifty (50) United States.
Prizes are fulfilled as a check from Outbid.com and are sent via first-class US Mail to the address the winner provides. Please allow approximately 14-days from the date you properly validate your win for your check to arrive. Winner must cash his/her check within 120-days of the check's issuance date. Outbid.com assumes no responsibility for mis-entered addresses and/or lost, late, delayed, damaged, stolen or mis-directed mail.
D. Additional Restrictions on Game Play
Registration and participation in Game must be made by a person him/herself at the Website. Registration/participation by any other individual or any entity, and/or originating at any website other than the Website, including, but not limited to, commercial sweepstakes subscription notification and/or entering service websites, will be declared invalid and disqualified.
Use of any program, bot, device or other mechanism/apparatus to automate the registration process and/or participation in the Game, is prohibited and any registrations/participation deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be invalid and disqualified. Without in any way limiting the foregoing, all registration and other online participation in the Promotion must be effected via user-initiated key-stroking.
For the avoidance of doubt, the preceding is intended to supplement – not replace – the standards of conduct applicable to auction participants as articulated in Outbid.com's Terms.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE, AS WELL AS TO SEEK RECOVERY OF ANY PRIZE MONIES PAID TO SUCH PERSON, IF APPLICABLE).
Sponsor and its parent company, affiliates and subsidiaries, promotion marketing/advertising and other agencies, the successors and assigns of the foregoing entities, and the directors, officers, agents, representatives, shareholders, and employees of any of the foregoing entities, as well as Facebook (collectively "Indemnitees") assume no responsibility for (a) any incomplete, incorrect or inaccurate information, whether caused by Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error of any kind; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site (including but not limited to the Website), and/or participation in the Promotion including but not limited to any problems with respect to the distribution of Bingo Cards or the display of the Bingo Balls in conjunction with a Bingo Enabled Auction/Game, or the quality/clarity of appearance (or failure to appear) of images/icons of Bingo Balls and Bingo Cards in conjunction with a Bingo Enabled Auction/Game and the accuracy of such Bingo Balls and Bingo Cards as displayed on-screen); and (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming, malfunction, disruption or corruption or interruption or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to player's or to any person's computer or mobile device, as applicable, (or any information/materials stored therein) related to or resulting from downloading materials from any web site (including but not limited to Website) or participating in Promotion.
3. Odds of Winning & Prizes
A. Winner Selection Process & Odds of Winning
Participants will NOT actually be playing Bingo in the Promotion. Rather, in the Promotion, Sponsor will pick anywhere from six (6) to fifteen (15) numbers at random (and, each of these numbers will correspond to a so-called Bingo Ball). Each player will be randomly assigned a Bingo Card. Of the Bingo Cards selected, one (1) and only one (1) of them will be a prize-winner (i.e., a Bingo Card that scores a Bingo as defined in Rule 2B). So, while the animated Bingo Balls on-screen convey the look and feel of Bingo being played in real time, the Promotion is NOT a real game of Bingo as the determination of the prize-winner has already occurred PRIOR TO the distribution of the Bingo Cards and the display of the Bingo Ball icons on-screen. As such, the Promotion is an instant win game, with only one (1) Bingo Card being the prize-winner for a given Bingo Enabled Auction/Game.
As per the process described above, each and every Bingo Enabled Auction will randomly distribute one (1) winning Bingo Card. Therefore, the odds of winning are determined by the number of players for that Bingo Enabled Auction/Game. In the scenario where the maximum number of players attend (500), the odds of winning are 1/500.
Because each Bingo Enabled Auction/Game is an independent and separate game, persons can play and win in more than one (1) Bingo Enabled Auction/Game. WINNING A BINGO ENABLED AUCTION/GAME DOES NOT IMPROVE OR DIMINISH THE ODDS OF WINNING A SUBSEQUENT BINGO ENABLED AUCTION/GAME.
Players who win $600 or more during the Promotion Period will receive an IRS 1099 Tax Form as per Section 4.
During each Bingo Enabled Auction one (1), and only one (1), Bingo Card that scores a Bingo with the Bingo Balls displayed during that auction will be distributed.
An auctioned item DOES NOT have to sell in order for a Bingo Ball to drop. However, for EVERY item sold in the auction AT LEAST $1 will be added to the Bingo Pot (the amount the validated winner will be paid). Money is added to the Bingo Pot regardless of whether or not a Bingo Ball is scheduled to drop.
Each Bingo Enabled Auction starts with AT LEAST $2 and the additional minimum of $1 will be added for EACH AND EVERY ITEM SOLD in that Bingo Enabled Auction. The starting amount as well as the amount added per item is clearly displayed on the part of the player's screen where the Bingo Card and Bingo Balls appear during a given Game (the "Game Panel").
As an example, in a twenty-item auction where all twenty (20) items are sold the Bingo Pot will be $22 (the initial amount of $2 + $1 for each of the 20 items sold). If no items are sold in the Bingo Enabled Auction, the Bingo Pot equals the initial amount of $2.
During the Promotion Period AT LEAST twenty-five (25) Bingo Enabled Auctions will be scheduled during which twenty-five (25) prizes of AT LEAST two-dollars ($2) each will be given away. (The initial amount of the Bingo Pot as well as the amount that a sold item adds to the Bingo Pot can vary by Bingo Enabled Auction/Game and/or by the specific item in a Bingo Enabled Auction/Game, but in no event will a sold item add less than $1 to the Bingo Pot.)
While the sale of items does add to the Bingo Pot, BIDDING ON AND BUYING ITEMS DOES NOT IMPROVE A PLAYER'S ODDS OF WINNING.
C. Second Chance Drawing
If the prize in any Bingo Enabled Auction/Game is unclaimed or unawarded via the Bingo Enabled Auction/Game itself (as per Rule 2C "Claiming a Win"), such prize will be placed into a second chance drawing among all registered, active Outbid.com players that will take place on or about October 15, 2013. An active Outbid.com player is defined as having attended at least one (1) Bingo Enabled Auction during the Promotion Period. Each active Outbid.com player will receive one (1) entry in the second chance drawing, if applicable. If selected in the second chance random drawing, potential winner will be notified via e-mail. Odds of winning a prize in the second chance random drawing depend on the number of active Outbid.com players at the end of the Promotion Period as well as the number of prizes unclaimed/unawarded via Bingo Enabled Auctions/Games.
4. Eligibility and Other Conditions of Participation
Employees, officers, directors and production personnel of the Sponsor and its parent, subsidiaries, and divisions or affiliates, as well as any other entities involved in any manner with the development, production and implementation of the Game (all such individuals and entities collectively referred to as "Promotion Entities") and each of their immediate family members (defined as parents, children, siblings and spouse, regardless of where they live), or those living in the same household as any of the individuals in the preceding categories whether or not related thereto and any person whose access to Outbid.com has been terminated or suspended (including any expelled Players), are NOT eligible to participate in the Promotion or win prize(s). Groups, clubs, commercial entities and businesses are also NOT eligible to participate in the Promotion or win prize(s). For the avoidance of doubt, with respect to third party seller auctions, "Sellers" and "Auctioneers" cannot play the Game in a Bingo Enabled Auction where they are acting as the seller/auctioneer, but CAN play in Games/Bingo Enabled Auctions where they are NOT the seller or auctioneer.
Each prize winner shall be solely responsible for all federal, state, and/or local taxes on any prize(s). Should a Player win prizes totaling $600 or more, Sponsor will report to applicable governmental authorities the total value of all prizes won by such person during the Promotion Period via an IRS 1099 Tax Form and/or other applicable documentation. As a condition of winning prizes, winner agrees to cooperate fully with Sponsor so as to facilitate the timely and accurate reporting of such information by Sponsor. This will include supplying the Sponsor with your Social Security number (which will be used only for legally required tax-reporting purposes). No prize substitution or prize transfer is permitted except by Sponsor who reserves the right to substitute a similar prize of comparable or greater value in its sole discretion.
NO RESPONSIBILITY FOR ERRORS IN NUMBER OF PRIZES. In the event that production, seeding, digital or programming failures, or other reasons or any errors cause more than one (1) prize to be available and/or claimed for a given Bingo Enabled Auction/Game, Sponsor reserves the right to award only the one (1) prize for that particular Bingo Enabled Auction/Game (if previously not awarded), by a random drawing among all legitimate eligible claimants for such Prize. IN NO EVENT WILL MORE THAN ONE (1) PRIZE BE AWARDED FOR A GIVEN BINGO ENABLED AUCTION/GAME. Sponsor will have no liability for any defective or irregular Bingo Card and/or Bingo Balls.
Except where prohibited by law, by accepting prize(s), winner grants (and agrees to confirm in writing, upon request) to Sponsor and its designees, the right to use his/her name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for advertising, trade and promotional purposes, without notification or additional compensation of any kind.
By registering for and participating in the Promotion, an individual indemnifies, releases and agrees to hold harmless the Indemnitees from any and all liability arising from participating in the Promotion, any Promotion-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
FORCE MAJEURE. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, terrorist act (or threat of terrorist act), governmental regulation, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, could or does corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and conduct the Promotion by selecting prize-winners for one or more Bingo Enabled Auctions/Games in a manner that is fair, equitable and in accordance with these Official Rules, as determined by Sponsor at its sole discretion. The foregoing right includes the Sponsor's ability to declare a Scrubbed Game (as defined in Rule 2A). In the event of a Scrubbed Game the minimum prize of $2 – in place of the prize that would have been awarded via the Scrubbed Game --- will be added to the Second Chance random drawing (see Rule 3C). Notice of such action by Sponsor will be posted on www.Outbid.com.
If any provision of these Official Rules is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, these Official Rules shall be construed and enforced as if these Official Rules did not contain the particular provision held to be invalid/illegal/unenforceable, and such invalid/illegal/unenforceable provision will be deemed to be automatically modified and replaced by a provision which most closely approximates the intention of Sponsor and is valid, legal and enforceable. The invalidity/illegality/ unenforceability of such provision will not affect the validity, legality or enforceability of any other provision of these Official Rules or of these Official Rules generally. The failure of Sponsor to enforce any provision does not constitute the waiver of such provision.
THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF ALAMEDA IN THE STATE OF CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
7. Winners List
A list of the first name, last initial and city of all confirmed winners will be posted at www.outbid.com. The list shall remain available for at least 180 days from October 15, 2013 (when the Second Chance Drawing is scheduled to take place). Winners are added to the list once they are confirmed, a process that can take from 2 days to a few weeks. The Winner of the Second Chance Drawing will also be posted at the same web address.
Sponsor maintains a mailing address at:
Attn: Outbid Bingo Sweepstakes
1625 Clay Street, 5th Floor
Oakland, CA 94612
Also, please feel free to contact us about the Outbid Bingo Sweepstakes via email at GameAdmin@Outbid.com. We strive to respond to all the inquiries we receive within 48 hours and, most often, much sooner. It is very helpful to include your phone number on any correspondence with us. We will only use your phone number to contact you to help solve problems.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering, you are submitting information to Sponsor, and not to Facebook.
Effective Date: October 1, 2012
Outbid Coupon Terms and Conditions
- Coupons will automatically be applied toward your next purchase provided that the purchase amount is greater than the value of the coupon.
- US shipping only.
- One per person.
- Coupon expires: December 31, 2013
- Reimbursements are processed immediately after Buyer payment is confirmed and received.
- Coupons reimbursements will be processed through email@example.com
- Please direct all questions and concerns to the Forum: community.outbid.com
These terms and conditions are in addition to the existing Outbid User Agreement and other policies and terms and conditions.
1. The offer is not intended to persons resident outside of U.S. and minors and person incompetent to contract and any acceptance of offer and usage of Coupon by these persons shall be invalid and void.
2. Coupons are also not offered to, and shall not be used by, such persons who under any statutory obligations are prohibited to use Coupons. Coupon is the property of www.outbid.com and Outbid has the right to cancel the Coupon at will and at any time (including during the validity period of the Coupon) without giving any prior notification.
3. Coupon can only be used by the registered users of www.outbid.com. You can register as User (if not already registered) and can use this Coupon.
4. User using the Coupon in any manner shall be deemed to have read, understood and accepted these terms and conditions.
5. Each Coupon can be used only once by the User, limit of one coupon code per order. Coupon cannot be used through another User ID even-though a different User ID is maintained by the same User. Coupon is a property of Outbid and should not be misused or distributed / re-distributed / negotiated by the User.
6. This Coupon is only valid for shipments within US. Not valid for International shipping.
7. Coupon shall be valid from 10/01/2012 12:01am PT until 12/31/2013 11:59pm and until it is cancelled / terminated earlier in accordance with these terms and conditions and/or Outbid. The validity of Coupon is subject to the condition that the User remains a registered user, and is neither suspended nor in violation of Outbid.com services.
8. Coupon can be redeemed only on purchases made through www.outbid.com on those listings which provides for an option of Coupon payments and only when making payments through the Outbid system. Coupon cannot be used to buy any item which is illegal or prohibited by Outbid.com.
9. One Coupon can be used only for one purchase wherein the value of the purchase exceeds the Coupon amount. The User along with using the Coupon shall pay the purchase value of the item in excess of the value of the Coupon.
10. Coupon value cannot be negotiated or sold and cannot be redeemed against cash. Coupon cannot be combined with any other coupons or any other offer or discounts or promotions.
11. Coupons are automatically deducted from the invoice at the time of purchase. Reimbursements are processed immediately after buyer payment is completed and received by the seller.
12. Outbid.com shall not be liable for any lost or stolen Coupon and Coupon once issued shall not be reissued.
13. Outbid.com makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of Coupon.