Ninja Warrior Relief
Auction Terms and Conditions
This series of Ninja Warrior Relief online auctions (collectively, the "Auction") is operated by G4 Media, LLC ("G4") for the benefit of the American National Red Cross ("Red Cross"), 2025 E St., N.W., Washington, D.C. 20006, to help victims of the earthquake and tsunami in Japan and is subject to the following terms and conditions ("Auction Terms and Conditions"). G4, Tokyo Broadcasting System Television, Inc. ("TBS"), Monster 9 Co., Ltd., ("M9"), Canam Productions, Inc., A. Smith & Co. Productions, LLC, eBay, Inc., PayPal, Inc., Kompolt, the Red Cross, and any other person or entity involved in the administration, promotion, or prize fulfillment of the Auction, or involved in the production of "Ninja Warrior" or "American Ninja Warrior," shall be collectively referred to herein as the "Auction Entities."
- Bidders must be at least 18 years of age or older as of the Start Date of the Auction and legal residents of the United States, excluding the states of Massachusetts, Maine and Alabama ("Bidders"). Void outside the United States, in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, in Massachusetts, Maine and Alabama, and wherever else restricted or prohibited by law.
- The Auction begins on or about 4:00PM PST (Pacific Standard Time) on May 2, 2011 and ends on or about 4:00PM PST on May 12, 2011 (the "Auction Period").
- A Bidder with the final highest bid ("Winning Bid") who is otherwise eligible under the Terms and Conditions shall be deemed a potential winning bidder ("Selected Bidder"). In the event a Selected Bidder cancels or retracts his/her bid, is otherwise unable or unwilling to pay the Winning Bid in whole or in part, is not eligible under the Terms and Conditions, cannot accept or receive the item(s) for any reason, cannot provide any required Releases in a timely manner, or cannot be reached, Selected Bidder may be disqualified, and an alternate Selected Bidder with the next highest bid will be chosen.
- Bidders acknowledge that all net proceeds of the Auction will be donated to the Red Cross. "Net proceeds" shall mean the aggregate amount of all Winning Bids collected by G4 reduced by any commissions or fees payable to G4's auction vendors and any applicable taxes. G4 will not retain any of the Auction net proceeds.
- Selected Bidder may be required to complete additional paperwork as requested by any Auction Entity, including, without limitation, an affidavit of eligibility / liability / publicity release ("Release"). Failure to timely complete and return such paperwork may result in disqualification. Except where prohibited by law, Selected Bidder's participation in the Auction constitutes permission for Auction Entities to use Selected Bidder's full name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation.
- Auction Entities may prohibit a Bidder from participating in the Auction if, in their sole discretion, they determine such Bidder is attempting to undermine the legitimate operation of the Auction in any way by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other bidders or Auction Entities' representatives. Use of any automated system to participate is strictly prohibited and will result in disqualification. Auction Entities may disqualify at their sole discretion any entries it believes are created by an automated system.
- Auction Entities shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible bids, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of a bid or other materials; (iv) any injuries, losses or damages of any kind resulting from a bid or the purchase, acceptance, possession or use of any auctioned item, or from participation in the Auction; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Auction.
- All Auction sales are final and all merchandise is provided "As Is". G4 is not responsible for lost, late, delayed, damaged, misdirected, or undelivered shipment(s) to the Selected Bidders. Purchased items will only be mailed to addresses in the United States.
- DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER G4 NOR ANY OTHER AUCTION ENTITY MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUCTION OR ANY OF THE AUCTION ITEMS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER G4 NOR ANY OTHER AUCTION ENTITY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AUCTION OR SELECTED BIDDER'S USE OF ANY AUCTION ITEM. IN NO EVENT SHALL ANY AUCTION ENTITY'S TOTAL LIABILITY TO A SELECTED BIDDER EXCEED THE AMOUNT PAID BY SELECTED BIDDER FOR AN AUCTION ITEM.
- All federal, state or other tax liabilities (including income taxes) arising from this Auction will be the sole responsibility of Selected Bidders. G4 makes no representations regarding the income tax implications of purchasing an Auction item, including deductibility of the purchase price. G4 strongly recommends that Auction winners consult with a tax professional.
- G4 reserves the right, in its discretion, to modify the Auction Terms and Conditions or cancel the Auction at any time for any reason.
- These Auction Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Bidder agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- One of the items offered in the Auction is an opportunity to attempt the Ninja Warrior obstacle course at Mount Midoriyama in Japan during the next taping of "Ninja Warrior," anticipated to be in July 2011 ("Ninja Warrior Prize"). Special terms and conditions related to the Ninja Warrior Prize apply:
a) One (1) guest of the Selected Bidder may accompany Selected Bidder on the set of "Ninja Warrior"; however, the guest will not be able to attempt the course.
b) Selected Bidder and guest are solely responsible for their travel expenses, including, without limitation, airfare to Japan, meals, accommodations, ground transportation, gratuities, travel insurance, incidental hotel expenses, excess baggage charges, upgrades and any and all federal, state, and local taxes, including special airport taxes and fees. If Selected Bidder is unable to participate on the date of shooting, the Auction Entities shall have no further obligation to the Selected Bidder or guest.
c) Selected Bidder and guest must comply with all rules applicable to the Ninja Warrior game show, must obey all instructions and decisions of TBS, M9 and G4, including on the "Ninja Warrior" set, and must be courteous, respectful and professional at all times. Failure to comply may result in forfeiture of the Ninja Warrior Prize and revocation of Selected Bidder's right to attempt the "Ninja Warrior" course and/or expulsion from the set, with no reimbursement of Selected Bidder's bid.
d) TBS and G4 have no obligation to tape the Selected Bidder and guest, nor include him or her in "Ninja Warrior" or any other program;
e) Selected Bidder and guest must complete and consent to all agreements, releases and entry forms required by TBS and G4, which may include:
(i) a release granting TBS and G4 the right to use his or her name and likeness in perpetuity without compensation;
(ii) a release waiving all claims and assuming all risk in connection with his or her travel, appearance on the "Ninja Warrior" set and/or attempt of the course;
(iii) an agreement to keep the results and any other information about the production of "Ninja Warrior" confidential until the airing of the program; and
(iv) a consent to a background investigation.
Failure of Selected Bidder and guest to complete required paperwork by the deadlines established by G4 and/or TBS may result in disqualification.
f) Selected Bidder may be disqualified if G4 or TBS obtain unsatisfactory results (as determined in G4 and/or TBS's sole discretion) from a background investigation of Selected Bidder and guest.
g) Selected Bidder is not eligible to win the prize offered by G4 in connection with G4's "American Ninja Warrior" competition.
h) TBS and/or G4 may cancel and/or postpone the taping of Ninja Warrior at any time and for any reason without consequence.