TERMS AND CONDITIONS
Last Updated and Effective Date: December 21, 2018
For the purpose of these Official Auction Rules and the Terms of Service set out below, "Foundation
Auctions" shall include Carolina Hurricanes Foundation, Inc., Hurricanes Hockey Limited
Partnership, Hurricanes Holdings, L.L.C., Gale Force Holdings, Limited Partnership, and Gale Force
Sports & Entertainment, L.L.C.
- Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the
bidder's offer is the WINNING BID at the close of the Auction.
- Each item is its own separate Auction.
- Auctions begin at 9:00 a.m. Eastern Time on the day of all Carolina Hurricanes home hockey games
played at PNC Arena and end ninety (90) minutes after the scheduled game time.
- The highest dollar amount bid at each Auction's close will be the WINNING BID for that Auction.
- The credit card of the person with the WINNING BID will be billed at Auction close.
- All items will be shipped FedEx Ground or USPS Ground within 3-5 business days of payment and
mailing address verification from the WINNING BIDDER. There will be a set shipping fee for
items, which will be listed in the item listing page. Items will only be shipped to addresses
within the United States.
- Bids will not be accepted from Members with addresses outside the United States.
- If a bidder’s credit card is declined for any reason, Foundation Auctions will attempt to
contact the WINNING BIDDER via phone and/or e-mail. If Foundation Auction does not acknowledge
credit card or cashier’s check payment within 72 hours of Auction close, the auction will be
closed with no WINNING BIDDER and the item may be auctioned at a later date.
- Foundation Auctions reserves the right to close an Auction earlier or later than the scheduled
time due to fraud or other unforeseen circumstances.
- Foundation Auctions reserves the right to refuse service to anyone. Foundation Auctions will
exercise this right in situations including, but not limited to, bidders making a habit of
winning auctions and not buying.
- Bidders agree that all transactions in which they partake do not violate any applicable state,
federal and/or international laws.
- Bidders agree to provide true and accurate information about themselves in the Foundation
Auctions registration form.
- Employees, directors, officers and agents of Foundation Auctions and immediate family and
household members of such employees are not eligible to bid.
- All bids are final and not subject to cancellation by the bidder once submitted. Foundation
Auctions is not responsible for bids not being processed or not being accepted due to technical
- Any and all payments to Foundation Auctions for its services are non-refundable.
- Bidders agree to refrain from 'spamming' (sending unsolicited commercial email to other bidders).
- All bids are made in increments and are subject to a minimum bid, as posted for each item.
- Bid manipulation of any kind is expressly forbidden. No shill bidding is allowed. Bidders are
prohibited from communicating with each other for the purpose of manipulating the final purchase
price of an item.
- It is a violation of law to make bids in a false name or with an invalid credit card, even if
such a bid is initially accepted by the Foundation Auctions software. Please be aware that even
if you do not give Foundation Auctions your real name, your web browser transmits a unique
Internet address which can be used by law enforcement officials to identify you. Fraudulent
bidders may be prosecuted to the fullest extent of the law. Currently, both the FTC and the US
Secret Service are responsible for investigating all Internet fraud cases.
- Foundation Auctions may, at its sole discretion, terminate service should a bidder’s conduct
fail to conform to these Official Auction Rules and Terms of Service. To report a violation of
the Foundation Auction Rules, please contact Foundation Auctions by emailing
- These Official Auction Rules and the Terms of Service below shall, at all times, incorporate
and, in all respects, by subject to and subordinate to the National Hockey League (“NHL”)
constitution, by-laws, rules, regulations, interpretations, procedures, policies, and
resolutions and the decrees and rulings of the NHL Commissioner or his designee, and the terms
and conditions of any and all agreements to which the NHL, and/or its affiliates, is a party and
as to which the NHL has bound its member clubs, all as the same may now exist or hereafter be
amended or enacted or as they may be interpreted by the NHL Commissioner (“NHL Rules”).
- In situations where an item being auctioned is not available for immediate delivery upon the
close of the applicable Auction, the purchase transaction shall be contingent upon such item
being in compliance with NHL Rules prior to delivery. If such item is deemed to not be in
compliance with NHL Rules, the Auction shall be void ab initio, the item shall not be delivered,
and the WINNING BIDDER shall be refunded all monies paid in connection with the applicable
Auction. Notwithstanding anything to the contrary contained herein, the aforementioned refund
shall be the sole and exclusive remedy with respect to any Auction voided in accordance with
this Section 22.
Terms of Service
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - The Official Auction
Rules and Terms of Service comprise the entire agreement between you (having registered as a
“Member”) and Foundation Auctions and supersedes all prior agreements among these parties
regarding the subject matter contained herein. By participating in the registration process,
Member indicates his/her agreement to be bound by all of the Official Auction Rules and Terms
- DESCRIPTION OF SERVICE - Foundation Auctions is providing Member with an
auction service to buy property (the “Service'). In consideration for this Service, Member
agrees to: (1) provide certain current, complete, and accurate information about his/herself as
requested by the Service; and (2) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original sign up shall be referred
to as registration data (“Registration Data”). Member grants Foundation Auctions the right to
disclose to third parties Member's membership status and certain Registration Data in the
aggregate; however, such disclosures will exclude Member's mailing address, email
address, account and phone number, unless: (a) Member expressly permits Foundation Auctions to
disclose such excluded information through the Service; or (b) Foundation Auctions is required
to disclose such information by any applicable law or legal process served on Foundation
Auctions. Information collected from Members is subject to the Carolina Hurricanes Foundation
http://hurricanes.nhl.com/club/page.htm?id=45954. Notwithstanding the immediately
foregoing, by submitting a bid, Member opts-in and consents to the receipt of marketing
materials, emails, text messages, and telephone solicitations from the Foundation Auctions and
their respective affiliates. All future marketing email communications or text messages will
provide Members/recipients with the opportunity to opt-out of all other future email
communications or text messages. If you would like your name removed from telephone and other
(non-email) Carolina Hurricanes Hockey Club marketing lists please send a written request to
Carolina Hurricanes 1400 Edwards Mill Road Raleigh, NC 27607, Attn: Mailing List Removal and
your name will be removed within 90 days of the request. If any information provided by Member
is incomplete or inaccurate, Foundation Auctions reserves the right to terminate Member's
membership and rights to use the Service.
- PUBLICITY - Notwithstanding anything to the contrary contained herein, unless
Member affirmatively opts out, Member agrees, to the extent permitted by law, that Member's use
of the Service constitutes Member's permission for Foundation Auctions, Hurricanes Hockey
Limited Partnership, and their respective parents, affiliates, and subsidiaries to use Member's
name, photograph, likeness, voice, biographical information, bid amounts, bidding history,
statements, city and state of residence, for advertising and/or publicity purposes worldwide and
in all forms of media now known or hereafter developed, in perpetuity, without compensation.
- MODIFICATIONS TO SERVICE - Foundation Auctions reserves the right to modify or
discontinue the Service with or without notice to Member. Foundation Auctions shall not be
liable to Member or any third party, in tort or in contract, should Foundation Auctions
exercise its right to modify or discontinue the Service.
- OBLIGATIONS OF FOUNDATION AUCTIONS - Member acknowledges and agrees that
Foundation Auctions does not endorse any of the goods that are sold through the Service. Member
acknowledges and agrees that Foundation Auctions is not responsible for any damage to goods
during transit or during the inspection period, nor for misrepresentations and/or breaches of
contract by either buyer and/or seller. Upon Member's request, NHL will submit to mediation by
the Better Business Bureau, disputes arising out of this Service. Member and Foundation
Auctions agree that any damages awarded shall not exceed the cost of the merchandise involved
with the transaction(s), plus the amount of any direct property damage caused such the product.
In no event will either party be liable for incidental or consequential damages.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY - Once you become a Member, you will
receive a password. Members are entirely responsible for maintaining the confidentiality of
their account and password. Furthermore, Members are entirely responsible for any and all
activities occurring under their account and password. Member agrees to immediately notify
Foundation Auctions of any unauthorized use of Member's account or any other breach of
security known to Member.
- DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS
AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FOUNDATION AUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOUNDATION AUCTIONS MAKES NO WARRANTY THAT THE SERVICE
WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; FOUNDATION AUCTIONS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
- LIMITATION OF LIABILITY - FOUNDATION AUCTIONS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR
ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FOUNDATION AUCTIONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FOUNDATION AUCTIONS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A)
ANY INCORRECT OR INACCURATE BID INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA
TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF BIDS AT
ANY POINT IN THE OPERATION OF THIS AUCTION; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE,
REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES,
SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE AUCTION; (D)
INACCESSIBILITY OR UNAVAILABILITY OF THE INTERNET OR THE WEB SITE OR ANY COMBINATION THEREOF;
(E) ANY INJURY OR DAMAGE TO MEMBERS OR TO ANY OTHER PERSON'S COMPUTER WHICH MAY BE RELATED TO
OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE AUCTION OR DOWNLOAD OR UPLOAD OF ANY
MATERIALS IN THE AUCTION. MEMBER AGREES THAT FOUNDATION AUCTIONS (A) SHALL NOT BE RESPONSIBLE
OR LIABLE FOR, AND IS HEREBY RELEASED FROM, ANY AND ALL COSTS, INJURIES, LOSSES OR DAMAGES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, DEATH AND BODILY INJURY, DUE IN WHOLE OR IN PART,
DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN THE AUCTION OR ANY AUCTION-RELATED ACTIVITY, OR
FROM MEMBERS' ACCEPTANCE, RECEIPT, POSSESSION AND/OR USE OR MISUSE OF ANY ITEM, AND (B) HAVE
NOT MADE ANY WARRANTY, REPRESENTATION OR GUARANTEE EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH
RESPECT TO ANY ITEM, INCLUDING, WITHOUT LIMITATION, TO SUCH ITEM'S QUALITY OR FITNESS FOR A
- NO RESALE OR COMMERCIAL USE OF THE SERVICE - Member's right to use the Service
is personal to Member. Member agrees not to resell or make any commercial use of the Service,
without the express written consent of Foundation Auctions.
- OTHER LIMITATIONS - Foundation Auctions retains the right, at Foundation
Auctions' sole discretion, to determine whether or not Member's conduct is consistent with the
letter and spirit of these Terms of Service and Official Auction Rules. Foundation Auctions
reserves the right to terminate Service if a Member's conduct is found to be inconsistent with
these Terms of Service or Official Auction Rules.
- MEMBER CONDUCT - Member is solely responsible for the content of his or her
transmissions through the Service. Member's use of the Service is subject to all applicable
local, state, national and international laws and regulations. Member agrees: (1) to comply
with United States law regarding the transmission of technical data exported from the United
States through the Service; (2) not to use the Service for illegal purposes; (3) not to
interfere or disrupt networks connected to the Service; and (4) to comply with all regulations,
policies and procedures of networks connected to the Service. Member agrees not to transmit
through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature. Member further agrees not to
transmit any material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized access to other computer systems
are prohibited. Foundation Auctions may, at its sole discretion, immediately terminate Service
should Member's conduct fail to conform to these Terms of Service and Official Auction Rules.
- INDEMNIFICATION - Member agrees to indemnify and hold harmless the Foundation,
Hurricanes Hockey Limited Partnership, Hurricanes Holdings, L.L.C., Gale Force Holdings,
Limited Partnership, DCP HH LLC, KT Sports & Entertainment, Inc., Gale Force Sports &
Entertainment, L.L.C., and each of their respective parents, partners, subsidiaries, affiliates,
directors, partnerships, principals, governors, representatives, agents, officers and employees,
successors and assigns, from any claim or demand, and resulting losses, liabilities and damages
(including, but not limited to, reasonable attorneys' fees), due to or arising out of Member's
use of the Service, the violation of these Terms of Service or Official Auction Rules by Member,
or the infringement by Member, or other user of the Service using Member's computer, account or
password of any intellectual property or other right of any person or entity.
- TERMINATION - Should Member object to any of these Terms of Service or any
subsequent modifications hereto or become dissatisfied with the Service in any way, Member's
only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service
- TAXES - North Carolina state sales tax is
included (not added to) all winning bids and the applicable returns and taxes are
filed with and remitted to the North Carolina Department of Revenue. If your mailing address
is located outside of North Carolina, you are encouraged to review the tax laws of your state,
province, and locality to determine if you are required to file and pay any sales taxes as a
result of your purchase from Foundation Auctions. Items shipped to APO / FPO military addresses
are not subject to taxes. The amount of state sales tax charged is based on current tax rates.
- LAWS - Member and Foundation Auctions agree that the state or federal courts
in Wake County, North Carolina shall have exclusive jurisdiction and exclusive venue over any
claims arising out of this agreement or out of the parties' dealings or relationship and the
parties further agree that North Carolina law (without reference to its conflicts of laws
principles) or Federal law, as applicable, shall govern all such claims. If any provision(s) of
these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. Foundation Auctions'
failure to exercise or enforce any rights or provisions of these Terms of Service shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by Foundation
Auctions in writing. Member and Foundation Auctions agree that any cause of action arising out
of or related to this Service must commence within one year after the cause of action arose;
otherwise, such cause of action is permanently barred.
- REQUIRED NOTICE OF CERTIFICATES OF AUTHENTICITY -
- With respect to the sale of certain merchandise or auctions to residents of the
State of California, the following notice is provided pursuant to California Civil
Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001): SALE
OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER
ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN
CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR
OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
- With respect to the sale of certain Merchandise or Auctions, the following notice
is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of
Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006): SALE OF
AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY
SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR
MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
- The certificates referenced above will be provided in the form of a certificate of
authenticity or a letter from Foundation Auctions.