Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENTS CAREFULLY BEFORE USING THIS WEBSITE.
By submitting information to Groupany Inc., d/b/a Groupany ("Groupany"), either by visiting or using the Groupany website (www.groupany.com) (each, the "Site") or registering for or using any Groupany products or services available on the Site (each a "Service" and collectively, the "Services"), you agree to be bound by these terms and conditions (the "Conditions of Use"), the Groupany Privacy Policy (the "Privacy Policy") and the Official Rules of each individual auction (in each case, the "Rules"). All of the terms and conditions contained in the Rules and the Privacy Policy are deemed incorporated into these Conditions of Use by this reference. In case of a conflict between the Conditions of Use, Privacy Policy, or any Rules, the Conditions of Use shall govern.
Groupany may, in its sole discretion, update or make changes to these Conditions of Use, the Privacy Policy, and the Rules without prior notice and at any time. You should regularly check these Conditions of Use, the Privacy Policy, and the Rules. If you do not agree with any of the terms and conditions of the Conditions of Use, Privacy Policy or any Rules, you are not authorized to access or use the Site or any Service, and your sole remedy is to stop accessing and using the Site and the Services. Use of the Site or Services, including continued participation in the Groupany Reverse Auction Program, shall automatically be deemed your acceptance of the then-current Conditions of Use, Privacy Policy, and any Rules, including any updates or changes.
Groupany may use and is expressly given permission by user to use e-mail to contact you in connection with various aspects of the Services and the Groupany Revese Auction Program.
Eligibility Requirements
You represent that you are (i) a legal U.S. resident or a legal resident of a country (ii) at least the age of majority in your jurisdiction of residence; (iii) not barred from receiving Services, including due to laws in your jurisdiction or third party contracts or obligations. Services are void where prohibited by law.
Participation in Groupany Reverse Auctions is limited to Members of Groupany. A "Member" is an individual who is legally eligible to use the Service, and who has properly completed the registration form to become a member. To become a Member, users must fully and accurately complete the Groupany registration form, which may require providing their name, address, e-mail address, phone number, and etc. If the user's information changes, it is the user's responsibility to update his or her user information with Groupany, as required by the Registration Form. Members may not (i) activate or use more than one Groupany account (an "Account"); (ii) use a false or misleading address or e-mail address to activate or use a Member Account; or (iii) provide false or misleading information to any entity involved in the Groupany Reverse Auctions Program. One individual per Member Account, accounts are restricted to a maximum of 2 per family/household, No Exceptions. Member Accounts may not be merged.
Groupany will assign each Member a user name. In addition, each Member will select a password. Any duplicate or multi-person Member Accounts are subject to cancellation, and are considered in violation of these terms and thus cannot win a Groupany Auction.
Registration Data
If you register for a Service, you shall (i) provide true, accurate, non-misleading, current, and complete information ("Registration Data"), (ii) maintain and promptly update the Registration Data to keep it true, accurate, non-misleading current, and complete, and (iii) not assign your Account, or rights associated with your Account to another person or entity. Groupany, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services and Groupany may choose to limit your Registration Data at it’s sole discretion. As a result of your registration, and based on the Registration Data you provide, Groupany may establish an Account.
If Groupany believes in its sole discretion that your Registration Data is untrue, inaccurate, misleading or incomplete, Groupany reserves the right to suspend or terminate any Service then being provided to you, as well as your Account. Groupany may also in its sole discretion refuse to provide you with any future use of the Services (or any portion thereof). You acknowledge and agree that Groupany may rely on the Registration Data to send you information and notices regarding your Account and the Services, as further set forth in the Privacy Policy. Groupany shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. Neither Groupany nor any of its third party providers shall be responsible for verifying your Registration Data. However, Groupany reserves the right to request at any time that certain Members provide proof in order to verify the accuracy of information provided by such Members at the time of registration or anytime thereafter. Failure to provide such proof may result in immediate termination of the Member account without recourse.
Username and Password
As set forth above, upon registering as a Member, you will be assigned a user name, and you shall select a password. Your username and password will allow you to view and manage your Account. You acknowledge and agree that Groupany may process all Account transactions, including, without limitation, registration for additional Services that are initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Groupany of any unauthorized use of your username and password or any other breach of security. You shall not allow any other person to use your password or account. Notwithstanding the foregoing, you acknowledge and agree that you are responsible for any activities, charges, and/or liabilities incurred as a result of the use of your username and password, and that in no event shall Groupany be liable for any use or misuse of your username and/or password. Groupany may need to change usernames allocated to certain of its Services and reserves the right to make such changes. If necessary to continue your use of a Service, you will be notified of such a change by Groupany.
Access without Registration
Groupany may provide you access to certain Services without requiring you to register, in which case Groupany, in its sole discretion, shall determine what Services and what level of access and use shall be appropriate.
Membership Termination
Being a Member is subject to and conditioned upon the following:
Groupany, in its sole discretion, may terminate or suspend any Member's membership or access to the Services and the Site for any or no reason. If your membership is terminated it will result in cancellation of all of your placed Bids and winnings for ALL Auctions and all rights of access to and use of the Site and Services. Groupany shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Use, or the intent of these Conditions of Use.
At in Groupany’s sole discretion, any member is suspected of trying to manipulate the Auction System in any way will be subject to immediate termination, will void any bids placed and if the auction is won by means of manipulation, the Member will not receive the item and the Member may be subject to fines. Possible manipulation of the system may include but is not limited to, Member having multiple accounts, having more than 2 accounts per household, sharing bid information with another member, teaming up with another member to work together on an auction.
If manipulation of the system is suspected after the product has already been received, the Member who received the item will be responsible for either returning the item or paying the Full Retail Price of the item to Groupany within 5 business days of notification. If the item is not returned, or paid in full in 5 days, the matter will be turned over to a collection agency for remedy.
• Members may terminate their membership at any time by simply not using the site.
• Groupany may, in its sole discretion, change, suspend or discontinue any aspect of the Services or the Site at any time without notice, including, without limitation, should events beyond Groupany's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, acts of terrorism or acts of war. Groupany may cancel the Groupany Reverse Auction Program in its entirety, at any time, for any reason, in its sole discretion, without notice. Product won will be shipped within 1-4 weeks of the auction closing date. Members are limited to winning 1 auction per household every 30 days.
Interruption or Discontinuation of, or Limits on, the Services
Groupany reserves the right at any time to modify, suspend, discontinue or permanently cancel the Site or the Services, or portions thereof, without notice to you. Without limiting the foregoing, Groupany further reserves the right to suspend, terminate, revalue or modify, without liability, or notice, any current or past auction. Groupany reserves the right to limit a Member or other user's use of the Services in its sole discretion.
The Services
Subject to the terms of these Condictions of Use, the Privacy Policy, any applicable Rules, you acknowledge and agree that the Site and Services are for your personal use. You shall not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Site or Services in any manner. You shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or Services in any manner for a period of 2 years following the members registration. Any member found to have been a owner, founder, co founder or partner of a competing auction website shall become immediately liable to Groupany for an amount up to $100,000 for the breach of contract. The fine amount will be at the sole discretion of Groupany and will be in proportion to the level of the breach of contract. Any past winner of a Groupany auction found to have been a owner, founder, co founder or partner of a competing auction website shall be required to return the winning item to Groupany within 5 days or will be required to pay the full retail price for the winning item. Said return or payment becomes due immediately upon notification by Groupany.
Intellectual Property Rights
The marks Groupany, Groupany.com, Groupany Auctions, Groupany Reverse Auctions, Groupany FREE Reverse Auctions, Groupany Unique Bid Auctions, and the Groupany logos are among the trademarks of Groupany Inc. All other trademarks are the property of their respective owners. Groupany's website, graphics and logos are among the copyrights and trade dress rights of Groupany Inc. You may not use any intellectual property rights of Groupany without the prior express written permission of Groupany Inc.
Electronic Communications
By accessing and using the Site or registering for or using a Service, you consent to receive communications from Groupany electronically. Although Groupany may choose to communicate with you by other means as provided in your Registration Data, Groupany may also choose to solely communicate with you electronically by e-mail, instant messenger, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Groupany sends to you electronically satisfy any legal requirement that such communications be in writing. Groupany is not responsible for emails or other communications not received by the Member.
Links, Products, and Services
There may be links provided on the Site to other websites belonging to Groupany's advertisers, business partners, affiliates, and other third parties. Third parties, in some cases, may also link to the Site. Such links do not constitute an endorsement by Groupany of those websites, nor the products or services made available on those websites. Groupany is not responsible for the activities or policies of those websites. Groupany may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on the Site, which products or services shall be purchased and/or obtained by you directly from such advertisers, business partners, affiliates and other third parties. You acknowledge and agree that Groupany shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You shall provide all equipment and software necessary to connect to the Service. You shall ensure that your equipment and/or software necessary to access and use the Site and the Services does not disturb or interfere with Groupany's operations, the Site or the Services. If any upgrade in or to the Site or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Groupany, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Conditions of Use.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, GROUPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF THE SITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE IN CONNECTION WITH THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, GROUPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SITE OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE SITE OR SERVICES, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, GROUPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL GROUPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THESE CONDITIONS OF USE, THE PRIVACY POLICY, ANY APPLICABLE RULES, OR THE LAW; (II) YOUR ACCESS OR USE OF THE SITE OR SERVICES; (III) ANY THIRD PARTY'S ACCESS OR USE OF THE SITE OR SERVICES UNDER YOUR USERNAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF GROUPANY'S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF GROUPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, GROUPANY'S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO GROUPANY FOR USE OF THE SITE AND SERVICES.
Without limiting the foregoing, Groupany is not responsible for any damage to any Member's or user's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service. There is no express or implied guaranteed service level for Groupany, and the Site and Services may be interrupted from time to time, and may not always be virus or error-free. Under no circumstances will Groupany be responsible for errors in transmission, lost or unavailable network connections, emails not delivered, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Site or Services.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
YOUR INDEMNIFICATION OF GROUPANY
You agree that you shall defend, indemnify and hold harmless Groupany and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates and other users of the Site or Service from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or related to: (i) any breach or violation of these Conditions of Use, the Privacy Policy or any applicable Rules or law by you; (ii) your failure to provide accurate, complete, non-misleading and current Registration Data; (iii) your access or use of the Site or Service; (iv) any third party's access or use of the Site or a Service under your username and password; and (v) your use of any prize.
INJUNCTIVE RELIEF
You acknowledge that Groupany will be irreparably damaged if these Conditions of Use, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Conditions of Use, the Privacy Policy or any applicable Rules by you, Groupany shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Conditions of Use, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction in connection with Conditions of Use, the Privacy Policy or any applicable Rules shall be brought exclusively in the courts of record for San Bernardino County, California or the United States District Court, located in San Bernardino County, California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue for such action or proceeding in San Bernardino County, California. You agree that service of any court paper may be affected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
GOVERNING LAW, VENUE AND JURISDICTION; ARBITRATION
These Conditions of Use, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of California, without regard for conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to the Site, the Services, the Reverse Auction Program, these Conditions of Use, the Privacy Policy or any applicable Rules, except for an injunctive action (as discussed above), shall be referred to final and binding arbitration, under the commercial arbitration rules of the American Arbitration Association in San Bernardino County, California. Groupany at it’s sole discretion shall select the arbitrators. Arbitration shall not commence until the party requesting arbitration has deposited Five Thousand Dollars ($5,000.00) with the arbitrators for the arbitrators' fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Groupany and your Groupany's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for San Bernardino County, California, or the United States District Court located in San Bernardino County. The jurisdiction and venue for any action brought for purposes of injunctive relief or compelling arbitration or enforcing an arbitration award arising from, under or connected with the Site, the Services, the Groupany Auction Program, these Conditions of Use, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and for San Bernardino County, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise. Each party shall be responsible for it’s own attorney’s fees.
Miscellaneous
Members and users may only access those portions of the Site specifically made available to Members and users. Under no circumstances are Members or users permitted to use or attempt to use the Site or any portion thereof to violate its security or the security of systems accessible through it.
Groupany will not be responsible for any loss or damage incurred as the result of unauthorized interception or decryption of information transmitted to or from Groupany.
Each Member and user agrees not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of Groupany or other Members or users. Any Member or user suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their Account terminated and all Bids and Winnings cancelled in Groupany's sole discretion, and the Member or user may be reported to appropriate law enforcement agencies. Groupany reserves the right, but not the obligation, to monitor your access to and use of the Site and the Services. Members and users, among other things, shall not: (a) use automated means to place or accumulate Bids; (b) manipulate or interfere with the Services or any affiliated program in any way; (c) present false or misleading information; (d) obtain or use Bids in violation of these Conditions of Use or that were erroneously credited to a Member's or user's Account; or (e) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity.
Groupany uses reasonable efforts to try to make sure that information about products, services and/or activities on the Site are accurate. However, Groupany cannot guarantee the accuracy of such information and cannot be responsible for any errors and/or omissions. Auction Items pictured on the Site this may not necessarily reflect exact colors or models of actual rewards due to printing variations, computer monitor variations and/or manufacturer's updates.
All taxes relating to Groupany Auctions or the Services are the sole responsibility of Members and users. All Members and users are strongly encouraged to consult their own tax advisors prior to participating in any Services. Groupany will not provide any advice concerning tax liability.
If any part of these Conditions of Use, the Privacy Policy or any applicable Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Condtions of Use, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Condtions of Use, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.
The headings contained in these Condtions of Use, the Privacy Policy and/or any applicable Rules are for convenience of reference only, are not to be considered a part of these Conditions of Use, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of these Conditions of Use, the Privacy Policy or any applicable Rules.
No waiver of any portion of these Conditions of Use, the Privacy Policy or any applicable Rules shall be effective against Groupany unless it is in writing and signed by an authorized representative of Groupany. The failure of Groupany to require performance of any obligation of these Conditions of Use, the Privacy Policy or any applicable Rules shall not affect Groupany's right to enforce any provision of these Conditions of Use, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
All covenants, agreements, representations and warranties made by you in these Conditions of Use, the Privacy Policy or any applicable Rules shall survive the termination of these Condtions of Use, the Privacy Policy or any applicable Rules, and the termination of your use of the Site and the Services.
If you have questions, comments, concerns or feedback regarding these Conditions of Use, the Privacy Policy or any applicable Rules or the Site or any Service, please contact us via email: support@groupany.com
Groupany shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, Groupany shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing Services incorporating such questions, comments, concerns or feedback.
The Conditions of Use, the Privacy Policy and any applicable Rules made available to you by Groupany, each as amended from time to time, represent the entire understanding and agreement between you and Groupany regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
Groupany Reverse Auction: Official Rules of Use
1. Introduction. You are entering a promotion (the “Promotion”) which is set up in the style of an auction, whereby entrants will be invited to place bids on an item (the “Prize”). The entrant that has the Lowest Unique Bid, as hereinafter defined, (the “Successful Bidder”), will win the Prize. The “Lowest Unique Bid” is defined as the lowest bid in U.S. dollars and cents for the Prize that is closest to one cent ($0.01), that has not been selected by another Promotion entrant. You will have no way of knowing what other entrants have bid. For example, the Lowest Unique Bid will be determined as follows: Bid 1: $1.22; Bid 2: $1.22; Bid 3: $1.23; Bid 4: $1.23; Bid 5: $1.24; Bid 6: $1.25; Bid 7, $1.25; Bid 8 $1.26, then Bid 5 would be the Lowest Unique Bid. In the event a Successful Bidder decides not to accept the Prize, the entrant with the next Lowest Unique Bid will be offered the opportunity to accept the Prize. This process will continue until the entrant with the next Lowest Unique Bid accepts the Prize. In the event there are no Lowest Unique Bids left, Sponsor will choose the winner of the Promotion randomly from all eligible entries received, and the selected winner will receive the Prize, subject to compliance with these rules.
2. Eligibility. You must be at least 16 years of age to sign up for or use the Services and each User who signs up or uses the Services represents to Groupany that they are at least 16 years of age. Any User who is under the legal age of majority in his or her state or residence (a "minor") should get his or her parent or legal guardian's permission to use the Site. If Groupany receives a complaint which states that a User is under 16 years of age, we will prohibit further collection of personal information from such User and block their usage of the Services. Such Users will also be ineligible to win any game or to earn points, and will be disqualified upon age confirmation at time of prize award.
3. How to Enter. Beginning on the starting date specified and ending on the ending date specified (the “Eligibility Period”), you will be automatically entered to win the Prize when you submit a “Bid”. Bids may only be made in U.S. dollars and cents. All Bids received by Sponsor during the Eligibility Period will have a chance to be the Lowest Unique Bid. The only way to submit a bid is by registering to become a member and place your bid via the Auction Details page. By submitting a Bid, entrants fully and unconditionally agree to be bound by the Terms and Conditions set forth above, these rules and the decisions of Groupany, which will be final and binding in all matters relating to the Promotion.
Entrants are limited to placing only the number of bids per day that are connected to their membership, depending on their Membership Level during the Eligibility Period. No automated entry devices, bots and/or other programs and/or software are permitted for entry. All Bids and entries become the sole and exclusive property of Sponsor and will not be returned. Delivery of Prize requires a street address (no P.O. Boxes.) Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or Bids, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed Bids/entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Notification From Sponsor. A few minutes after you submit a Bid you will receive a notification from Sponsor. The notification will inform you of the status of your Bid in relation to all other Bids that have been received. During the Eligibility Period, Sponsor, at its discretion, may send entrants unlimited additional email notifications.
5. Winner Selection/Notification/Odds. The Lowest Unique Bid shall be determined by Sponsor in its sole and absolute discretion, at the end of the Eligibility Period. In the event that there is no Lowest Unique Bid, Sponsor will choose the winner randomly from all eligible entries received (a “Chosen Winner”). The Successful Bidder, or the Chosen Winner (collectively to be referred to as “Winner”), will be notified by email or telephone call. Confirmation of the identity of the Winner shall be undertaken by Sponsor, by whatever means Sponsor shall deem appropriate. Once the Winner accepts the Prize, a binding legal contract is made for the transfer of the Prize between Sponsor and the Winner. If the Winner rejects the Prize the entrant with the next Lowest Unique Bid will be offered the Prize. This process will continue until the entrant with the next Lowest Unique Bid accepts the Prize. In the event there are no Lowest Unique Bids left, Sponsor will choose the winner randomly from all eligible Bids received.
The Winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Except where prohibited, the Winner must complete the following in order to receive the item: 1. Submit to Groupany a written testimonial. 2. Submit a picture of himself/herself. 3. Members are limited to winning 1 auction per household every 30 days.
6. Prize. Prizes are determined by Groupany, at Groupany’s sole discretion. No substitutions. In the case of unavailability of the Prize, Sponsor reserves the right to substitute a prize of equal or greater value.
7. General Conditions. All federal, state, provincial and local taxes are the sole responsibility of Winner, and Winner acknowledges that the value of the Prize may be considered taxable income. Participation in the Promotion and acceptance of the Prize constitutes Winner’s permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner’s name voice and picture on the Internet, in radio ads and in TV ads), except where prohibited by law. By participating, entrants and Winner agree to release and hold harmless Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, 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 Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. Entrants who do not comply with these Official Rules, or attempt to interfere with the Promotion in any way shall be disqualified. Sponsor is not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Promotion, in the announcement of the Prize, and/or in any advertising or other associated promotional materials in connection with the Promotion. Groupany Inc. and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not sponsors of this Promotion, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this Promotion or any prize awarded.
Any attempted form of entry into the Promotion, other than the entry methods stated, is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s phone, or other matter relating to or resulting from participating in this Promotion or downloading any materials in the Promotion.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor will randomly select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion and/or any associated web site. Sponsor may void an entrant’s Bids without refund and prohibit an entrant from participating in the Promotion (and future promotions) or winning the Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs, the use of automated entry devices, bidding through the use of multiple Groupany accounts or by participating in, or benefiting from, a syndicate, group or block bidding process or system), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any entrant found to be violating these Official Rules may be prohibited from bidding in current and future auctions, in Sponsor’s sole and absolute discretion.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Disputes. Under no circumstances will entrants be permitted to obtain awards for, and each hereby waives, all rights to claim punitive, incidental and/or consequential damages, and/or any other damages, including attorney’s fees or other such related costs of pursuing a claim. The Promotion is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be in San Bernardino County, California. Any and all disputes, must be submitted to binding arbitration as set forth in the Groupany Conditions of Use Agreement and Rules.
9. Use of Data. Sponsor will be collecting personal data about entrants in accordance with its privacy policy. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
10. Sponsor. Groupany.Com