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Auction Terms & Conditions


WYNDHAM REWARDS AUCTIONS PROGRAM

TERMS AND CONDITIONS

Effective 7/10/2017

 

These terms and conditions (the “Auctions Terms”) govern all aspects of participation in the Wyndham Rewards Auctions Program (the “Auctions Program”), effective as of the date set forth above, and supersede all prior versions of the Auctions Terms as of such date.  The Auctions Program is void where prohibited by law and outside the United States.

These Auctions Terms constitute a binding legal agreement in electronic form between you (“you,” “your” “yourself” and/or “Member”) and Wyndham Rewards, Inc. (“we,” “us” and/or “our”) and its successors.  Participation in the Auctions Program constitutes your acknowledgement and acceptance of these Auctions Terms, the Wyndham Rewards Program Terms and Conditions, and any and all terms and conditions applicable to the item which the Member is bidding on.  If a Member is found in violation of any of the aforementioned terms and conditions, we reserve the right to suspend or cancel his/her Wyndham Rewards membership and/or prohibit his/her use of the Auctions Program at any time with immediate effect and without written notice.  We may at any time amend or modify any terms and conditions applicable to the Auctions Program, and your continued participation will constitute your acceptance of any such amendment or modification.  We reserve the right to cancel the Auctions Program at any time and we make no representations whatsoever as to the duration of the Auctions Program.

  1. Eligibility
    1.  To participate in the Auctions Program, you must be a (i) Wyndham Rewards member in good standing at the time of bidding, and (ii) legal resident of the U.S.. and District of Columbia who are 18 years of age or older. Notwithstanding the foregoing, (i) employees of Wyndham Rewards, Inc., its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Auctions Program and (ii) the immediate family (spouse, parents, step-parents, siblings, step-siblings, and children and step-children) and household members of each such employee, are not eligible to participate in the Auction Program.  We reserve the right, in our sole discretion, to disqualify any participant who we reasonably believe has tampered with or abused any aspect of the Auctions Program, or who failed to comply with any of these Auctions Terms.
  2. Bidding; Winners
    1. Items made available through the Auctions Program are available on a “first-come, first-served” basis while supplies last.  Details about each item (including, without limitation, expiration dates, blackout dates, and any other terms and conditions specific to each item) are provided in the “Details” section of each item page.
    2. All auction items are offered “as is” without warranties of any kind, unless expressly stated otherwise in the auction or auction item description.
    3. We reserve the right to make changes, improvements or corrections to each auction, and to the description of each auction item, at any time without notice.
    4. In order to purchase or bid on items made available through the Auctions Program, you must have the required number of Wyndham Rewards points (“points”) at the time of auction close, redemption or bidding, as the case may be.  If you do not have sufficient points to complete your bid, you can purchase additional points through Points.com, up to a maximum of 5,000 additional points per year; see Section II(F) of the Wyndham Rewards Program Terms and Conditions for details. 
    5. All purchases and confirmed bids on Auctions Program items are final.  No refunds, changes, or substitutions can be made by a Member once a purchase or bid is placed.
    6. The winning bidder for each auction item will be determined by us or our designee at our sole discretion based on the highest valid bid received prior to the final closing time of the auction.  In the event the bidder first selected as the potential winner in accordance with this paragraph does not have enough points to complete the purchase, such bidder will be deemed disqualified and we will contact the Member who made the next highest valid bid prior to the final closing time of the auction (a “Potential Alternate Winner”) by email to offer him or her the opportunity to purchase the applicable auction item for the amount of points last bid by him or her in connection with the applicable auction.  If the event the Potential Alternate Winner does not respond to such email within the deadline stated therein, or the Potential Alternate Winner declines to purchase the applicable auction item as set forth above, we will have the right, in our sole discretion, to continue to determine additional Potential Alternate Winner(s) in the manner described above, or not award the applicable auction item.  The primary production server of Maritz Motivation Solutions, Inc.  (“Maritz”) is the official time keeping device for the Auctions Program.
    7. Points will be deducted automatically from your Wyndham Rewards account upon completion of the auction if you are the winning bidder.  In the event that the correct number of points have not been deducted from your Wyndham Rewards account at the time the auction is completed, we reserve the right to deduct the points from your account at any time.
    8. If you are the winning bidder, you will be sent notification of your winning bid by email to the email address tied to your Wyndham Rewards account.  An auction is not considered to be won until the order is complete and the aforementioned email is sent.
    9. The winning bidder must comply with all terms and conditions applicable to the relevant Auctions Program item, as well as these Auctions Terms and the Wyndham Rewards Program Terms and Conditions.
    10. Items redeemed through the Auctions Program, including any components thereof (e.g., event tickets, travel accommodations, etc.) may not be resold, remarketed, or re-auctioned, but may be gifted to another individual.  All such reselling, remarketing, or re-auctioning will be void and the item(s) will be forfeited without any refund of points to the Member.   
    11. If any component of an auction item becomes unavailable for any reason after the end of the auction, we reserve the right, at our sole discretion, to substitute a similar item or partially or fully refund the points redeemed by the winning bidder.  If the performance of any service or obligation related to an auction item, including any live experience, is delayed, prevented, restricted or interfered with due to reasons beyond our or the applicable service provider’s control, neither we nor the applicable service provider will be liable for the performance affected by the delay, prevention, restriction, or interference.
    12. Items redeemed through the Auctions Program may only be shipped to a valid street address located within the 50 United States and D.C.; P.O. box delivery is not permitted. 
    13. Any such auction item may be returned or exchanged only if it is proven by the Member to be damaged or defective, and if it is returned within thirty (30) days of delivery.  [I defer to operations/business folks on what policy you want to set for the circumstances Nina describes at right.  Let me know where you land and I can help draft appropriate language to address]
    14. Neither we nor our affiliates are responsible for lost, interrupted or unavailable network server or other connections, computer or technical failure, incorrect bidding information, miscommunications, or any other error of any kind whether human, mechanical or electronic.
  3. Third Party Partners/Suppliers
    1. Inclusion of auction items that have been provided by a third party partner or supplier (“Partner”) does not imply any endorsement, sponsorship or affiliation between us and such Partner.
    2. Members expressly acknowledge and agree that Partners are independent contractors.  We are not liable or responsible for the acts, errors, omissions, representations, warranties, negligence, willful misconduct or poor service of the Partners, or any terms and conditions imposed by Partners on any auction item.
  4. Disclaimer
    1. NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, PRINCIPALS, VENDORS, SERVICE PROVIDERS, REPRESENTATIVES AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AUCTIONS PROGRAM (INCLUDING, WITHOUT LIMITATION, MARITZ), OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO (COLLECTIVELY, THE “WYNDHAM ENTITIES”), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE AUCTIONS PROGRAM SITE, OR ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE SITE, PARTICIPATE IN THE AUCTIONS PROGRAM, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE.  THE WYNDHAM ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
    2. In exchange for the benefits provided to Members by the Auctions Program, you knowingly and voluntarily hereby fully release and forever discharge the Wyndham Entities from all or any manner of past, present or future rights, claims, demands, and actions, in law or in equity, in tort or in contract, or under any other theory of recovery, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising (collectively “Claims”) which you ever had, now have, or may have hereafter against the Wyndham Entities, arising out of or relating in any manner to the bidding, purchase of and participation in the Auctions Program, or the use of an auction item, regardless of the cause.  
    3. You agree to defend, indemnify and hold harmless the Wyndham Entities from any claim or demand made by any third party due to or arising out of the Member’s breach of these Auctions Terms or violation of any law or the rights of a third party.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    4. Except to the extent prohibited by law, participation in the Auctions Program constitutes your grant to the Wyndham Entities (which grant will be confirmed in writing on request of any of the Wyndham Entities) the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, your name, portrait, picture, voice, likeness, opinions and biographical information (including but not limited to hometown and state/province) for advertising, trade, and promotional purposes (including, without limitation, the announcement of your name on television or radio broadcast) without additional consideration, compensation, permission, or notification.

e.   To the fullest extent permitted by law, you agree that if a dispute arises out of or   related to the Auctions Program, it shall be handled individually without any class    action, and shall be governed by, construed and enforced in accordance with the      laws of the State of New Jersey.

  1. Contact Us
    1. For any questions related to the Auctions Program, please contact us by phone at 1-866-996-7937, or by email at auctions@wyn.com. 


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