Terms and Conditions
Welcome to WinningBidder.com (the “Site”), which is owned and operated by Geronimo Solutions LLC (DBA “WinningBidder.com”). Any person visits or uses the Site or Service (defined below) must accept the terms and conditions set forth in this User Agreement without change or alteration.
Registration on our Site, and all use of our services are available only to individuals who have the power to form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify, please do not use this Site.
Operation of Site
The Site provides a hosted auction service that provides an online venue for Sellers, typically nonprofit fundraisers, to offer items of value (collectively, “Goods”) to willing Buyers for sale to the Buyer with the highest bid and for Buyers to bid on and purchase Goods (“Service”). You agree that WinningBidder.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
WinningBidder.com has no involvement in any transaction entered into, on or through the Site or Service, except that as a service to introduce the Buyer and Seller, to introduce Sellers to generous businesses who have made auction items available for fundraising events, and to facilitate transactions by recording bids and processing payments.
WinningBidder.com is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service, whether caused by users of the Site, Buyers, Sellers or by any of the equipment or programming associated with or utilized in the Service. WinningBidder.com is not responsible for the conduct, whether online or offline, of any user of the Site or Buyer or Seller of the Service. WinningBidder.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Buyer/Seller communications. WinningBidder.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Buyer/Seller or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will WinningBidder.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service, any content posted on the Site or transmitted to Buyers or Sellers, or any interactions between users of the Site, whether online or offline.
Unless exempt by law, the successful Buyer may be required to pay the Seller or the applicable governmental tax collection entity or entities sales or use tax, or other applicable transactional tax, as determined by the Seller or applicable law. The Buyer may also be subject to a compensating use tax or other tax in his or her domicile. It is the Seller’s and the Buyer’s responsibility to determine whether taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You shall indemnify, defend, and hold WinningBidder.com harmless from any damage, cost, expense or other liability arising out of or related to any taxes or other fee imposed on any transactions you enter into through the Site or our services.
Under no circumstances does WinningBidder.com acknowledge that any purchases made by the Buyer from the Seller represent a charitable contribution for tax deduction purposes. Buyers and Sellers are encouraged to consult with a tax advisor about the deductibility of any contributions or sales.
Auction and Fixed-Price Items
WinningBidder.com is not responsible for estimates, descriptions, condition, authenticity, title and all other matters relating to the offer and sale of a Good uploaded by the Seller for sale. Additionally, WinningBidder.com furnishes certificates that are sold at auctions, raffles and online. The experience provider who posted the certificate to the Site bears full responsibility for the accuracy of the information related to the description, amenities, location, availability and any other features, etc. All Goods on the Site are sold “AS IS.”
In all cases, purchases are non-refundable. While WinningBidder.com will advocate for satisfactory outcomes for certificate holders, it is the responsibility of the experience provider who posted the certificate to fulfill the certificate as issued. A certificate purchased on the Site is an agreement between the experience provider who posted the certificate and the buyer. WinningBidder.com is not a party to any agreements purchased on its websites and is not liable for any damages or claims related hereto. WinningBidder.com is not responsible for the condition of the experience provider’s property or services listed on our Site or the compliance with laws, rules or regulations that may be applicable to any experience in any jurisdiction.
WinningBidder.com reserves the right to withdraw any Goods before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. WinningBidder.com may also extend any sale, change the closing time for any sale, or refuse to process a transaction for any reason. Neither WinningBidder.com nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of WinningBidder.com’s withdrawal of any Goods prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.
Bidding and Purchases
When you place a bid on an online auction item, you enter into a legally binding contract with the Seller to purchase the item if you are the highest bid at the time the item closes. When you purchase a fixed-price item, you enter into a legally binding contract with the Seller to purchase the item. If you are a winning bidder or purchase a fixed-price item, you agree to pay the full amount of your winning bid (for biddable items) or the sale price (for fixed-price items) plus any applicable sales or use tax on your purchase, as well as any applicable shipping or delivery charges. If you don’t pay your invoice in a timely manner, the auction organizer may charge your card on file.
Bids may be accepted between the auction open and auction close times as specified by the Seller and indicated on the auction page. Depending on auction settings, the close time for an item may extend past the auction close time if there are bids placed within the last ten minutes (AKA “Popcorn Bidding”). In the event of identical bids or offers, the first bid or offer received by WinningBidder.com will take precedence.
Bidders may place max bids in any auction running on the Site. A bidder who places a max bid is guaranteed to win the item at the value of their max bid or less; unless either the Seller or WinningBidder.com determines otherwise. Another bidder, who places a bid at the same amount of a previously placed proxy bid will not become the winner of that item. Only bids placed above a currently winning proxy bid shall prevail.
All bids are final. Bids may only be retracted at Seller’s or WinningBidder.com’s discretion. Similarly, all purchases are final and there will be no exchanges or refunds on items unless otherwise noted or warranted. If you are the successful Buyer for a Good, you are obligated to either arrange to pick up the Good in person or contact the Seller directly to arrange shipping of the Good to your location. If Buyer and Seller agree to ship the Good to the Buyer, all arrangements related to the shipment will be made and agreed to by the Buyer and Seller, including, without limitation, all freight, payment, and insurance coverage details. Potential Buyers should also be aware that packing and shipping costs may be substantial, particularly if the Good is of large size or weight, or requires special packing due to its fragility or construction.
After completion of an auction or sale on the Site or through the Service, you will be notified if you are the successful Buyer for the Good. Upon determination by WinningBidder.com that you are the successful Buyer for a Good, you will be liable to pay immediately the total purchase price and any applicable taxes and fees for such Good. WinningBidder.com reserves the right to delay initiating payments to the Seller pending an investigation if it, in its sole discretion, believes the Buyer or the Seller may have violated this Agreement or any agreement between Buyer and Seller arising from the Service.
Compliance with Laws and Policies
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and any transactions conducted on or through the Site.
Place of Contract; Disputes.
The sale between Buyer and Seller is presumed to take place in the state where the Seller is located. WinningBidder.com reserves the right to reject any bid or offer to buy at any time. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, WinningBidder.com will have the final discretion to determine the successful Buyer. WinningBidder.com is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site nor for any other charges you may incur in connection with participating in a sale.
Buyers must only bid using: (i) their own account (ii) a third-party’s account who has given that Buyer express permission to use their account. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name or any email address that is not assigned to you, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Site. Any unauthorized or fraudulent use of a third party’s account is prohibited and is a breach of this Agreement, and may be a violation of federal and state laws and may be reported to law enforcement authorities.
These terms and conditions are governed by and construed in accordance with the laws of Georgia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. Any cause of action you may have hereunder or with respect to your use of the site must be commenced by filing suit in Fulton County, Georgia within one (1) year after the incident upon which the claim or cause of action is based first occurred. Any dispute relating in any way to your visit to WinningBidder.com or to products you purchase through WinningBidder.com shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate WinningBidder.com’s intellectual property rights, WinningBidder.com may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Disclaimer of Warranties
The site and all services provided on the site and all goods offered for sale through the site are provided on an “as is” and “as available” basis. WinningBidder.com makes no and hereby disclaims all other representations or warranties of any kind, express or implied, with respect to the Site, Service, or any goods offered on the site or any transactions that may be conducted through the site.
Waiver of Claims
Because WinningBidder.com is not responsible for the guarantees provided by a Seller or the descriptions of Goods provided by a Seller, if a dispute arises between one or more participants regarding a Good or its description (including the Seller Guarantee), you release WinningBidder.com and its affiliates (and each of their directors, officers, agents and employees) from and hereby irrevocably waive any claims, demands and damages (whether direct, indirect, incidental, punitive or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify and hold WinningBidder.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of or related to (i) your use of the Service or Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and (ii) actual or potential transactions, communications, sales, disputes, interactions, or relationships between you and any other Buyer or Seller.
Limitation of Liability
In no event shall Geronimo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Geronimo's website, even if Geronimo or a Geronimo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
If you are dissatisfied with the site, you do not agree with any part of the terms, or have any other dispute or claim with or against us or another user of the site with respect to these terms or the site, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of Geronimo, to you or any third party in any circumstance arising out of or in connection with the site is limited to the amount collected by us in connection with the specific rental in question.
WinningBidder.com’s total, cumulative liability for all claims arising from or related to this agreement shall be limited to $100. Multiple claims will not enlarge this limit. WinningBidder.com shall have no liability for errors appearing on tv display or site; the WinningBidder.com’s computer log shall constitute the official record of all transactions, and all decisions based on such log shall be final.
Permission is granted to temporarily download one copy of the materials (information or software) on Geronimo's websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Geronimo's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Geronimo at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
WinningBidder.com, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Site without notice for any reason.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.
Our postal address is 11539 Park Woods Circle, Unit 106, Alpharetta GA 30005
We can be reached via e-mail at email@example.com or by phone toll free at (877) 227-5699
This policy is effective as of July 1, 2023.
Your privacy is important to us. It is the policy of Geronimo, DBA Geronimo.com and WinningBidder.com.com, to respect your privacy regarding any information we may collect from you across our website, https://www.WinningBidder.com.com, and other sites we own and operate.
1. Information we collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your:
- Social media profiles
- Phone/mobile number
- Work address
- Payment information
We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
- it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
- we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
3. Collection and use of information
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
- to enable you to customize or personalize your experience of our website;
- to enable you to access and use our website, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have;
4. Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- sponsors or promoters of any competition we run;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, such as experience providers (e.g.,resorts, golf courses) and including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. They may send special offers to event planners and winning bidders;
- third parties to collect and process data; and
- other website users to assist them with identifying fundraising site administrators.
5. International transfers of personal information
The personal information we collect is stored and processed in the United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
6. Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
8. Business transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
9. Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
10. Changes to this policy
Our postal address is 11539 Park Woods Circle, Unit 106, Alpharetta GA 30005
We can be reached via e-mail at firstname.lastname@example.org or by phone toll free at (877) 227-5699
This policy is effective as of July 1, 2023.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalize your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
Third-party cookies on our site
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.