Terms & Conditions

RULES AND SUBMISSION:

Submission of a bid constitutes entrant’s full and unconditional acceptance of these official rules (“Official Rules”) and the decisions of the administrators of the silent auction are final in all respects. The bidding entry period will commence December 7, 2017 at 12:00 PM and ends on December 12, 2017 at 2:00 PM. Bids submitted before or after the Entry Period are not valid and will not be considered. FinancialForce's computer will be the official time clock for the entry period. VOID WHERE PROHIBITED BY LAW. Must be 18 years or older (19 or older for residents of Alabama and Nebraska) and at least the age of majority in your jurisdiction of residence to submit a bid. To submit the bid visit LINK (“Bidding Website”), complete and submit a bidding form during the Entry Period. Bids will be disqualified if they are late and/or incomplete. In the event of a dispute as to any bid, the authorized account holder of the email address associated with the bid, at time of bid, will be deemed to be the bidding person. The “authorized account holder” is the natural person assigned to the email address by the email provider. Potential winners may be required to show proof of being the authorized account holder.

VIP PACKAGE:

A VIP package (valued at $5,000) consists of 2 tickets for a VIP cocktail reception with Tyler Florence on December 14, 2017 including complimentary food and beverages at the reception, 2 tickets for the Red Hot Chili Peppers concert at the Bill Graham Auditorium in San Francisco on December 14, 2017 and access to designated VIP sections of the venue before and during the concert. Two VIP packages are available and one each will be awarded to two highest bidders. Travel, meal, beverage or other related expenses and costs are not included. The VIP packages are subject to availability and are subject to change by FinancialForce. No substitutions (including for cash) are permitted, except FinancialForce reserves the right to substitute awards of equal or greater monetary value to the VIP Packages if for any reason any prize cannot be awarded as contemplated in these Official Rules. Winners are responsible for applicable federal, state, provincial, territorial and local taxes, including sales, income and any other taxes. Any details not specified herein will be determined by FinancialForce at its sole discretion.

NOTIFICATION:

The potential winning bidders will be notified on or about Tipping Point via email, phone, or mail and provided instructions on how to donate the bid amount to Tipping Point Emergency Relief Fund. Proof of donation in the bid amount to Tipping Point Emergency Relief Fund is a condition of receipt and required prior to receipt of a VIP package. FinancialForce will not be liable for any potential notification that is lost, intercepted, or not received by any potential winner for any reason. If a potential winner cannot be contacted within one (1) day after the first attempt to contact him/her, FinancialForce may select the next highest bidder in his/her place, or may elect to not award the VIP Package.

GENERAL CONDITIONS:

Entry constitutes permission to use both the winner’s and Entity’s name and likeness for publicity purposes without further compensation (except where prohibited by law). FinancialForce and Internet/wireless access providers are not responsible for incomplete, late, lost, misdirected or postage-due entries or mail, or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Bids are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. FinancialForce makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any award furnished or made available in connection with this silent auction. Although FinancialForce attempts to ensure the integrity of the process, it is not responsible for the actions of entrants or other individuals in connection with the process, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the process. FinancialForce is not responsible for injury or damage to bidder's or any other person's body, property and including computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in this bidding process or downloading materials from or using any website. In the event of any conflict between any bidding details contained in these Official Rules and details contained in any related advertising materials, the details and terms as set forth in these Official Rules shall prevail. If, for any reason, the auction is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of FinancialForce, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the process, FinancialForce reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the process and to select the highest bidders from among the applicable eligible bids received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by FinancialForce in its sole discretion. Screenshots or any other evidence of bid submission will not be deemed receipt of any such bid. Bid must be made by the entrant and via the means described herein. You are not a winner until your entry has been verified, you have been contacted with instructions to donate, you have made the donation as instructed and you have complied with these Official Rules. In the event of a dispute as to any online bid, if any, the authorized account holder of the email address used to enter the silent auction will be deemed to be the bidder. The “authorized account holder” is the natural person who is assigned to an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. If any provision of these Official Rules is found to be unlawful, void for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deeded to affect in any manner the meaning or intent of these Official Rules or any provision thereof.

RIGHTS OF PUBLICITY:

By bidding in the silent auction, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by entering this Contest, unless prohibited by law, each potential prize winner agrees to grant to FinancialForce and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by FinancialForce in its sole discretion.

PRIVACY:

Information submitted in connection with the auction will be treated in accordance with these Official Rules and the FinancialForce Privacy Statement (as may be amended from time to time), currently located at http://www.financialforce.com/privacy/; provided that in the event of any conflict between these Official Rules and such Privacy Statement, the terms and conditions of these Official Rules shall prevail. By entering this Contest, you agree that FinancialForce may share your personal information with the applicable charity, and concert and benefit organizers, for the purpose of verification and award fulfillments in the event that you are chosen as a potential winner. Claims and Governing Law: Except where prohibited, each entrant agrees that all disputes, actual or alleged claims, and causes of action at law or in equity (“Claims”) will be resolved individually, without resort to any form of class action. Claims arising out of or relating to this silent auction including without limitation, the interpretation of the Official rules or any prize awarded will be resolved by applying the laws of California, without regard to conflict of laws. If the parties are unable to reach a resolution as a result of mediation, any claims will be solely and exclusively brought in the state or federal courts located in San Francisco, California.

RELEASE AND INDEMNIFICATION:

BY ENTERING THE BIDDING PROCESS, ENTRANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD FINANCIALFORCE AND THE CONTEST ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST, ATTENDANCE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY AWARD IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY FINANCIALFORCE OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL OR HUMAN ERROR. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE BIDDING AUCTION. THE AUCTION, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ENTRANT AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASE LIABILITY WILL BE LIMITED TO THE COST OF ENTERING THE SILENT AUCTION. CONDUCT: BY ENTERING AND PARTICIPATING IN THIS PROCESS, YOU: (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF FINANCIALFORCE (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE TO COMPLY WITH ALL FEDERAL, STATE, LOCAL, TERRITORIAL AND PROVINCIAL LAWS AND REGULATIONS. FINANCIALFORCE RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS CONTEST OR ANY FUTURE PROMOTIONS, ANY INDIVIDUAL IT SUSPECTS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR ANY WEBSITE; OR TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR FINANCIALFORCE'S PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES.

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The two highest bidders will be contacted by December 12, 2017 at 5:00 pm PST

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