AUCTION TERMS & CONDITIONS

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:

GENERAL: 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 is 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 wines 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.

WINE LOTS: Wine Lots are described in this catalog as correctly as can be ascertained at the time of posting. Buyers of wine 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.

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.