The Food Network South Beach Wine & Food Festival presented by Capital One (the “Festival”) Online Auction (the “Auction”) Terms and Conditions
The Auction is only for bidders who can form legally binding contracts under applicable law, who meet other pertinent requirements outlined herein, and who are not otherwise in breach of any term of these terms and conditions. Bidders participating in the Auction acknowledge and accept to be bound by the following terms and conditions without counter offer, addition, deletion or variance, all of which are rejected by the Festival. Any changes to these Terms and Conditions and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on this site (the “Site”), unless the changes materially change your rights or obligations, in which case we will give you reasonable advance notice. If you do not agree to any changes, your sole remedy is to not use the Site or our services. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SITE FOLLOWING THE FESTIVAL’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
GENERAL: ALL ITEMS ARE SOLD “AS IS”. No returns will be accepted and no refunds permitted. The law of the State of Florida shall govern with respect to all auction sales. Once a bid is placed, it cannot be retracted. Please make sure you are aware that ALL BIDS ARE FINAL and cannot be removed. The Festival reserves the right in its sole discretion to determine the conduct of the sale, including, without limitation, to advance the bidding, to reject any bid offered, to withdraw any lot, to reoffer and resell any lot, and to resolve any dispute in connection with the auction or sale. In any such case, the judgment of the Festival is final and shall be binding upon all Auction participants. The winner (the “Winner”) WILL be responsible for ALL shipping costs to be charged at the time of close-out. Any individual bidding on alcohol items represents that he/she is acting in compliance with all federal, state, and local laws regarding the purchase, transportation, and delivery of alcohol, and Winner is solely responsible for payment of any applicable fees or taxes, including state or federal excise or use taxes.
SHIPMENT: Winner authorizes Festival to act on its behalf to engage FedEx to deliver Winner’s order to its selected destination. Shipment of wine & spirits is only available to the following states: Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin, Wyoming unless otherwise specified on the individual auction items page. Winner is responsible and liable for ensuring the accuracy of his/her shipping address. Please email the auction team at [email protected] within 24 hours of the close of Auction with the address you’d like your winning item(s) shipped to if it is not the address that you used to sign up for the Auction. All items are shipped via FedEx 2-Day, unless requested otherwise. Your item will be shipped as soon as payments have been processed.
SALES TAX: 7% Sales Tax will be added to the final bid on each auction lot that is shipped to a Florida address or picked up from the Festival offices (excluding wine & spirits lots).
WINE & SPIRITS LOTS: Wine & Spirits Lots are described in this catalog as correctly as can be ascertained at the time of posting. Buyers of wine & spirits lots must make appropriate allowances for natural variations of ullage, conditions of cork and wine, other consequences of age and storage. No returns will be accepted and no refunds permitted.
TRAVEL LOTS: It is the buyer’s responsibility to make his or her own travel reservations. It is strongly suggested that you plan your travel three to four months ahead of time. Taxes on Travel Lots are the responsibility of the winning bidder. Only those services listed in the lot description are included. Some restrictions may apply, and there may be some travel blackout dates. Lost or stolen travel vouchers cannot be replaced. Winner is responsible for shipping charges.
RESTAURANT/HOTEL PACKAGES/CERTIFICATES: If the item purchased is a casualty of the economy (i.e., business goes out-of-business) it is not the responsibility of the Festival to replace the item or refund the money.
PAYMENT: All bidding and purchases at the auction will be in U.S. Dollars. Each buyer must pay the full purchase price of each Lot purchased, including any applicable taxes, at the close of the auction. Payments may be made with Capital One® – The Official Festival Card, Visa, Discover American Express or Mastercard. Winners with declined cards will have 3 business days to provide an alternate form of payment- after that time, auction lots will be offered to the next highest bidder.
AGE REQUIREMENT: Alcohol purchasers must be 21 or over. The Festival makes every effort to ensure that alcohol is not delivered to any individual under the age of 21. Winner is responsible for ensuring that an individual over the age of 21 is present at the shipping address to receive and sign for the delivery and is not intoxicated at the time of delivery. Winner also agrees that any alcohol won from a Festival Auction is for personal consumption and not for resale.
SOVEREIGN IMMUNITY: Nothing shall be construed as a waiver of Festival’s sovereign immunity.
INDEMNIFICATION: To the fullest extent under applicable law and except as specifically stated herein bidder hereby holds harmless, releases and discharges Festival and its agents, officers, directors, affiliates, successors, and assigns from any and all claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, demands, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected existing prior to these Terms and Conditions. Bidder agrees to the Terms and Conditions and upon each instance that bidder participates in any auction, bids, or otherwise agrees to such terms and reaffirms this release as of the date of so participating or agreeing unless bidder otherwise provides clear written notice to Festival prior to so bidding.
DATA COLLECTION: You acknowledge and agree that all data and information you provide for participation in the Auction will be delivered to Handbid, Inc. for processing in the United States, solely for the purpose of allowing the Festival to allow you to fully participate in the Auction.
HANDBID PROVISIONS: The provisions in this section are required by Handbid Inc. (“Handbid”). Bidders and Festival acknowledge that Handbid has no obligation whatsoever to furnish any maintenance and support services with respect to the Auction. Festival is solely responsible for providing end-user support for the Auction. Handbid, in its sole discretion, shall update and maintain the Auction. In the event of any failure of the Auction to conform to any applicable warranty, you must notify Festival directly. To the maximum extent permitted by applicable law, Handbid will have no other warranty obligation whatsoever with respect to the Auction. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, as between Handbid and Festival, will be Festival’s sole responsibility, subject to all the provisions of these Terms and Conditions. As between Festival and Handbid, Festival, not Handbid, is responsible for addressing any claim asserted by bidder or a third party relating to the Auction or to your possession and/or use of the Auction, including, but not limited to: (i) any product liability claim; (ii) any claim that the Auction fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. These Terms and Conditions will not be construed or applied so as to limit Festival’s liability to bidder beyond what is permitted by applicable law. In the event of any third party claim that the Auction or bidder’s participation and use of the Auction infringes that third party’s intellectual property rights, as between Festival and Handbid, Festival, not Handbid, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Bidder and Festival acknowledge and agree that Handbid, and Handbid’s subsidiaries, are third-party beneficiaries of these terms and conditions, and that, upon your acceptance of the provisions of these terms and conditions, Handbid will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against bidder as a third party.
ENTIRE AGREEMENT: These terms and conditions set forth the entire agreement between the parties with respect to the subject matter referenced herein and shall supersede any and all prior agreements or understandings, whether written or oral, between the parties, except as otherwise specified in these terms and conditions. You expressly agree that you are not relying on any prior statements or representations, whether oral or in writing, from the Festival including any made related to the condition, authenticity, authorship or provenance of the auction items.
SEVERABILITY: If any provision, clause, phrase, words or word in these terms and conditions is declared illegal or unenforceable and if the provision, clause, phrase, words or word cannot be modified to be enforceable, then the illegal or unenforceable provision, clause, phrase, words or word shall immediately drop out of the terms and conditions (to the narrowest extent possible) and become null and void, leaving the remainder of the terms and conditions in full force and effect.
GOVERNING LAW: These terms and conditions shall be governed and construed in accordance with the laws of the State of Florida and, by bidding in the auction the bidder agrees that the sole and exclusive venue for any litigation relating to or arising out of these terms and conditions or the Auction shall be in the courts located in Miami-Dade County, Florida.