These Terms and Conditions of Sale (“Conditions”) set out the agreement between the Bidder/Buyer, on the one hand, and Prop Store and the Seller, on the other hand. By registering to bid and participate in a Prop Store Auction, you will be deemed to have read and agreed to be bound by these Conditions.
When the following capitalized words or terms are used in these Conditions, they shall mean:
An online sale by auction hosted by Prop Store
Any person, properly registered and approved by Prop Store to participate in the Auction who makes or considers making a bid to buy a Lot at Auction
The person or Company making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as an agent
A commission of 20% of the Hammer Price charged to the Buyer for a Lot
Any partnership, corporation, limited liability company, association, or any other business entity duly organized and qualified to conduct business under the laws of its state of formation
Guarantee of Attribution
Prop Store’s limited guarantee relating to the provenance of each Lot, as set forth in Paragraph 10 of the Terms and Conditions of Sale
The highest bid for a Lot accepted by the auctioneer at the Auction
Each item or group of items consigned by the Seller to Prop Store to be made available for sale at an Auction, as detailed in the catalogue
The Prop Store of London, Inc., d/b/a Prop Store, located at 28014 Harrison Pkwy, Valencia, CA 91355
The Hammer Price plus the Buyer’s Premium, and any applicable sales tax, charged to the Buyer
The person or Company providing the Lots to Prop Store to offer for sale, including their affiliates, agents or personal representatives
2. Catalogue Descriptions and Conditions of Lots
2.1. All Lots are sold subject to their condition at the date of the Auction. The nature and age of the Lots mean they are often unique and are likely to have wear and tear, damage and other imperfections and may have been totally or partially restored or repaired. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot “as is.”
2.2. Prop Store’s staff are not professional restorers so descriptions of Lots, images and statements of condition in Prop Store’s catalogue or on its website are for illustrative purposes only. Prop Store cannot guarantee that colors are properly shown. Save for Prop Store’s Terms of Guarantee of Attribution, all Lots are sold “as is.” Bidders are encouraged to inspect Lots and satisfy themselves as to their condition before bidding, seeking and obtaining independent professional advice where required.
2.3. Condition reports are available for each Lot upon written request.
3. Before the Auction
3.1. Bidder Registration
3.1.1. Every person or Company wishing to make a bid in the Auction is required to register with Prop Store before participating at an Auction.
3.1.2. To register, each person or Company must complete and return a bidder registration form available online at www.propstore.com/auction, which must include valid Visa, MasterCard or American Express credit card details to be held on file.
3.1.3. Prop Store will hold all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by Prop Store to:
18.104.22.168. Ship Lots purchased at Auction to the Buyer;
22.214.171.124. Process the Buyer’s payment;
126.96.36.199. Conduct credit checks, as deemed necessary by Prop Store in its sole discretion; and/or
188.8.131.52. Inform the Bidder about other auctions, products and services provided by Prop Store and its affiliates (please contact Prop Store by email at [email protected] or by phone +1 818 727 7829 if you do not wish for your information to be used for such a purpose).
3.2. Delivery Costs
3.2.1. At Bidder’s request, without any liability therefor, Prop Store can provide shipping estimates during the Auction. Any Bidder requesting this information should email [email protected] including the Lot number and shipping address at least 5 days before the close of the Auction. Real-time shipping estimates are also available on many lots through the online bidding platform.
3.4. Bidders Outside the US.
3.4.1. If the Bidder is located outside the United States, it is the Bidder’s sole responsibility and obligation to ensure in advance of the Auction that any Lot purchased in the Auction can be exported from the United States and imported into the country of destination. No sale will be canceled because the Lot may not be imported into the country of destination. PackAir Airfreight, Inc., a third-party independent freight vendor, can advise Bidders on relevant export licensing regulations and may submit export license applications upon request. Neither Prop Store nor PackAir Freight, Inc. can guarantee that any licenses, permits or consents will be granted, and shall have no liability arising out of or relating thereto.
4. At the Auction
4.1 No Reserve Auction
4.1.1 This is a No Reserve auction. No estimate anywhere in any media by Prop Store of the selling price may be relied upon as a prediction of the actual selling price. Notwithstanding the same, until the start of the Auction by the auctioneer, Prop Store may, in its sole discretion, withdraw any Lot from sale at Auction.
4.2 Bidding Process
4.2.1. Prop Store reserves the right to refuse admission and/or participation in the Auction and to reject any bid.
4.2.2. Bids may not be accepted from unregistered bidders and all Bidders must be 18 years of age or over. All bids must be made in US dollars.
4.2.3. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the Buyer’s Premium, all applicable taxes, and any and all shipping charges, storage fees and/or other costs).
4.2.7. In addition to Prop Store’s Conditions, any Bidder placing bids online must comply with the terms for use of the online auction platform access provider.
4.2.8. Except as expressly stated in the Conditions, Prop Store shall have no liability arising out of or related to any errors or omission in respect of bids made online.
5. After the Auction
5.1. Payment by Buyer
5.1.1. Prop Store will notify the Buyer and send (by email unless requested otherwise) a payment invoice setting out the Purchase Price and itemizing the Hammer Price, the Buyer’s Premium, and if applicable Buyer’s Expenses, plus any applicable sales tax, within 7 business days of the end of the Auction. For all sales within California, sales tax at the prevailing rate (currently 8.75%) will be applied to the Purchase Price. Delivery addresses outside California will be exempt from sales tax.
5.1.2. Payment of the invoice is due within 7 business days from receipt of the invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Prop Store.
5.1.3. Payment plans may be available in increments of up to 6 months. Buyers wishing to utilize the payment plan service, if approved by Prop Store, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over up to 6 months, at the Buyer’s option. The payments of the remaining balance shall be made as follows:
184.108.40.206. If the 1-month payment plan is selected, the balance of the Purchase Price shall be due within 30 days of the close of the Auction.
220.127.116.11. If the 2-month payment plan is selected: 40% of the Purchase Price shall be due within 30 days of the close of the Auction; 40% of the balance of the Purchase Price shall be due within 60 days of the close of the Auction.
18.104.22.168. If the 3-month payment plan is selected: 26.66% of the Purchase Price shall be due within 30 days of the close of the Auction; 26.66% of the balance of the Purchase Price shall be due within 60 days of the close of the Auction; and 26.68% due within 90 days of the close of the Auction.
22.214.171.124. If the 4-month payment plan is selected: 20% of the Purchase Price shall be due within 30 days of the close of the Auction; 20% of the Purchase Price shall be due within 60 days of the close of the Auction; 20% of the Purchase Price shall be due within 90 days of the close of the Auction; and 20% due within 120 days of the close of the Auction.
126.96.36.199. If the 5-month payment plan is selected: 16% of the Purchase Price shall be due within 30 days of the close of the Auction; 16% of the Purchase Price shall be due within 60 days of the close of the Auction; 16% of the Purchase Price shall be due within 90 days of the close of the Auction; 16% of the Purchase Price shall be due within 120 days of the close of the Auction; and 16% due within 150 days of the close of the Auction.
188.8.131.52. If the 6-month payment plan is selected: 13.33% of the Purchase Price shall be due within 30 days of the close of the Auction; 13.33% of the Purchase Price shall be due within 60 days of the close of the Auction; 13.33% of the Purchase Price shall be due within 90 days of the close of the Auction; 13.33% of the Purchase Price shall be due within 120 days of the close of the Auction; 13.33% of the Purchase Price shall be due within 150 days of the close of the Auction; and 13.35% due within 180 days of the close of the Auction.
5.1.4. Prop Store offers no grace period on payment plan deadlines. If the Buyer does not adhere to payment deadlines as set forth above, the Buyer shall be deemed to be in default. In the event of default all funds already paid to Prop Store shall be retained by Prop Store as liquidated damages. Moreover, Prop Store and/or the Seller shall also be entitled to any other remedies available, whether in law or equity.
5.1.5. No title to any Property shall pass to the Buyer except upon payment in full of the Purchase Price, and any and all other sums due to Prop Store and/or the Seller, even in circumstances where Prop Store has released the Lot to the Buyer. Among other remedies available to Prop Store and the Seller for failure to render full payment of the Purchase Price, Prop Store and/or the Seller shall be entitled to immediate possession of the Lot purchased by the Buyer, if delivered to the Buyer.
5.1.6. Prop Store vouchers and other discount codes are not valid as payment for auction items.
5.1.7. Only the memorabilia item(s) shown in the photos of a given product listing is included in the sale. Mannequins, display stands, and scale measures are not included with your purchase, unless expressly stated in the product description.
5.1.8. The Buyer agrees that Prop Store will charge the credit card provided at registration for all items purchased at auction, and any future Prop Store auctions in which the Buyer participates if not paid within 7 calendar days after invoicing.
5.1.9. The Buyer shall be charged in US Dollars for the Purchase Price. For all sales within California, sales tax at the prevailing rate (currently 8.75%) will be applied to the Purchase Price. Delivery addresses outside California will be exempt from sales tax.
5.1.10. Payment must be in US dollars and may be made by electronic transfer, debit card, credit card (up to a maximum of $25,000), bankers draft or check (drawn on a US bank account – note check clearance can take between 5 and 10 working days), or cash (up to a maximum of $5,000). Please quote the Lot number, invoice number and Bidder registration number when making payment to ensure it can be processed as efficiently as possible.
5.1.11. If payment is made by credit card, the Buyer expressly agrees that such payment is nonrefundable nor may be credited to any other purchase, and that the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
5.2 Default by Buyer
5.2.1. Failure to timely make payment of any amounts due to Prop Store and/or the Seller shall constitute an event of Default by the Buyer. In the event of Default for nonpayment, Prop Store may charge interest on the unpaid amount at the rate of 5% a year above the base lending rate of Bank of America from time to time. The base lending rate shall be the average lending rate of Bank of America for the 6 months preceding the date of default. If such interest rate exceeds the legal rate permitted by law, then the maximum legal rate permitted by law shall apply. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. The Buyer must pay Prop Store interest together with any overdue amount.
5.2.2. If any applicable condition listed herein are not complied with (to a material extent), the Buyer will be in Default and in addition to any and all other remedies available to Prop Store and/or the Seller by law, including, without limitation, the right to hold the Buyer liable for the total Purchase Price, including all fees, charges and expenses more fully set forth herein, and as set forth in section 4.2 herein, Prop Store, at its option and to the extent permitted by law, may (i) cancel the sale of that, or any other items sold to the defaulting Buyer, retaining as liquidated damages all payments made by the Buyer, (ii) resell the purchased item, or (iii) effect any combination thereof. In any case, the Buyer shall be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages.
5.2.3. Prop Store may, in its sole discretion, apply any proceeds of sale then due or thereafter becoming due to the Buyer from Prop Store or any affiliated company, or any payment made by the Buyer to Prop Store or any affiliated company, where or not intended to reduce the Buyer’s obligations with respect to the unpaid item or items, to the deficiency and any other amounts due to Prop Store or any affiliated companies. In addition, a defaulting Buyer will be deemed to have granted and assigned to Prop Store and its affiliated companies, a continuing security interest of first priority in any property or money owing to such Buyer in our possession or in the possession of any of its affiliated companies, and Prop Store may retain and apply such property or money as collateral security for the obligations due to Prop Store or to any affiliated company. Payment will not be deemed to have been made in full until Prop Store has collected good funds.
5.2.4. Prop Store may further reject at any future auction any bids made by or on behalf of the Buyer or to require a deposit from the Buyer before accepting any further bids.
5.2.5. Prop Store may take such other action as Prop Store deems necessary or appropriate.
5.2.6. At its option, Prop Store may pay the Seller the entirety of the balance due from the Buyer. If Prop Store pays such amount to the Seller, the Buyer acknowledges and agrees that Prop Store shall have all of the rights of the Seller against the Buyer.
5.2.7. Prop Store shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Prop Store shall reasonably require.
5.3 Shipping and Storage
5.3.1. The Buyer is solely responsible for all shipping, handling, and delivery costs. Prop Store can help you arrange packing and shipping through FedEx for smaller items or PackAir AirFreight, Inc. for larger items, or you can use your own licensed carrier, approved by Prop Store. Please contact Prop Store at +1 818-727-7829 or [email protected] for further details. Please be advised that certain Lots are highly fragile and should be handled with caution. Prop Store recommends that the Buyer collect such Lots locally from Prop Store, if possible. Prop Store does not warranty the Lots against and shall have no liability for any damage that any Lot may incur or suffer during the shipping or delivery process.
5.3.2. After 14 days after close of Auction, if the Buyer has not made arrangements for and paid the shipping cost of the Lots purchased, or has otherwise failed to collect the Lots, a storage fee of 3% of the Hammer Price per month shall be charged to the Buyer. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, Prop Store, at its option may cancel the sale.
5.3.3. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs and other fees charged in the area of delivery. Prop Store will ship all packages with the full value of the Lot declared. The Buyer understands and agrees that Prop Store shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Prop Store and in those circumstances the Buyer will be charged and will pay storage costs and Prop Store’s additional reasonable costs and expenses.
5.3.4. It is further the Buyer’s sole obligation and responsibility to ensure that any Lot purchased from Prop Store enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. The Buyer understands and agrees that Prop Store shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.
5.3.5. Unless otherwise agreed by Prop Store in writing, the fact that the Buyer wishes to apply for an export license does not affect or postpone the Buyer’s obligation to make payment in accordance with Prop Store’s payment terms nor Prop Store’s right to charge interest or storage charges on late payment. Prop Store shall not be obligated to rescind or cancel a sale nor to refund any monies paid by the Buyer to Prop Store as a result of or related to the Buyer’s failure or inability to obtain an export license.
5.3.6. Should the Buyer make his or her own arrangements with third parties for shipping, handling, or delivery of any Lots, Prop Store shall have and accepts no liability or responsibility for the acts or omissions of any such third parties. Similarly, where Prop Store suggests other handlers, packers or carriers, its suggestions are made on the basis of its general experience of such parties in the past. Although Prop Store shall use reasonable efforts to take care when selecting third parties for shipping and delivery, the Buyer understands and agrees that Prop Store is not responsible to any person to whom it has made a recommendation for the acts or omissions of the third party concerned.
5.4 Prop Store's Liability
5.4.1. Except where expressly stated to the contrary above, under no circumstance will Prop Store or the Seller incur liability to any Bidder or Buyer in excess of the purchase price actually paid.
5.4.2. Prop Store will not be liable or responsible for any failure to perform, or a delay in the performance of, any of its obligations under these Conditions that is caused by an event outside its control, including without limitation strikes, lockouts or other industrial actions by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. Prop Store’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.
6. Terms of Guarantee of Attribution
6.1. Prop Store warrants that the attribution of each Lot as stated in the title block (film title and item title) of that Lot in the Auction catalog, subject to any revisions (which may be given in writing or online before or during the Auction at which the Lot is purchased by the Buyer); this is Prop Store's Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific prop has actually been used on-camera. Any specific on-camera usage known to Prop Store will be noted within the description, but no warranties are given by Prop Store on that description.
6.2. If a Buyer demonstrates to Prop Store’s reasonable satisfaction that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the Lot is returned to Prop Store in the same condition in which it was at the time of sale. In order to satisfy Prop Store that the Guarantee of Attribution is materially incorrect, Prop Store reserves the right to require the Buyer to obtain, at the Buyer’s sole cost and expense, the opinion of two experts in the field, mutually acceptable to Prop Store and the Buyer.
6.3. In the event a sale is rescinded in accordance with Paragraph 6.2, Prop Store shall repay to the Buyer the Purchase Price. Repayment of the Purchase Price shall be the Buyer’s sole remedy, to the exclusion of all other remedies to the extent permissible at law. It is specifically understood that this will be considered the sole remedy.
6.4. The Buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and the Buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost.
6.5. Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Prop Store will make all reasonable efforts to make description revisions
6.6. Except as expressly provided in these Conditions Prop Store shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
7. Warranties and Representations
7.1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to this auction, is and shall remain at all times the property of Prop Store. The purchase of these items does not include ownership in or to the trademarks registrations, copyrights and/or any other intangible intellectual properties associated with this item. Therefore purchase of this item does not permit the Buyer to replicate or to exploit this item otherwise. All intellectual property rights in and to any images, illustrations, logos, and any and all other material provided by Seller in connection with the Auction or otherwise related to the motion picture properties on which the Auction is based, are and shall at all times remain the sole and exclusive property of the Seller. The sale of the Lot items hereunder does not include the right or license to use, and any Bidder or Buyer may not at any time (or for any purpose) use or reference, the title of the motion pictures, the trademarks, logos, character names or likenesses, scenes, artwork, or any other element of or in connection with the motion pictures on which this Auction is based. The Buyer agrees to indemnify and hold harmless Prop Store and the Seller and its and their respective directors, employees, affiliates, contractors and agents from and against any and all third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable attorneys’ fees) asserted against or incurred by any of the aforementioned parties that arise out of or result from any act or omission by the Buyer or arising out of or relating to the Buyer’s infringement of any copyrights or trademarks in or to the items or Images.
7.2. Prop Store neither warrants nor represents that the Buyer’s use of any materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with Prop Store.
7.3. Prop Store makes no warranty or representation regarding the fitness for any purpose or merchantability of any lot sold. All lots are sold “as is.”
7.4. Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Prop Store will make all reasonable efforts to make description revisions readily available during the Auction. While Prop Store uses reasonable efforts to include accurate and up to date information in this auction, Prop Store makes no warranties or representations as to its accuracy. Prop Store assumes no liability or responsibility for any errors or omissions in the content of the auction. Any reference images appearing within Prop Store's auction listings are solely for reference purposes and are not intended or deemed to be a representation or warranty of the item depicted within the image.
7.5. All items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. The Buyer assumes all risks of loss and/or injury, including, but not limited to, personal injury or property damage, arising from or related to any other use of the item. The Buyer understands and agrees that Prop Store shall have no liability for any such loss or injury and the Buyer expressly releases Prop Store from any such loss or injury.
7.6. Except as expressly provided herein, Prop Store and the Seller shall have no liability to any Bidder or Buyer with respect to any Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
7.7. Each Bidder and Buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and no Bidder or Buyer shall be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost, for any breach of any warranty, representation, or guarantee set forth herein.
7.8 Each bidder acknowledges and agrees that the technology and the website provided by prop store in connection with the auction is “as is,” without any warranties of any kind and that prop store does not represent or warrant that the technology or the website will be uninterrupted or error free. Each bidder acknowledges and agrees that the prop store shall have no liability, responsibility or obligation for any claim, demands, causes of action or damages of any kind arising out of or relating to any interruptions or errors in the technology or the website offered or utilized in connection with the auction.
7.9 Bidder/s (including browsing) of this auction is at Bidder’s own risk. Neither Prop Store nor any other party involved in creating, producing, or delivering this listing is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Prop Store also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Bidder’s computer equipment or other property on account of Bidder’s access to, use of, or browsing in the Site or Bidder’s downloading of any materials, data, text, images, video, or audio from the site.
8. Other Important Terms
8.1. If any part of these Conditions is found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
8.2. Other than the Seller, the Buyer and Prop Store, no other person shall have the right to enforce any of the terms set forth hereunder.
8.3. If Prop Store fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that Prop Store has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
8.4. These Conditions shall be enforced in accordance with and governed by the laws of the State of California, without regard to its choice of law provisions.
8.5. Any claim or controversy arising out of or relating to the sale of the item between any Bidder/Buyer and Prop Store shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. The parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.
The following are the set bid increments for the Auction.
• $10 - $50 by $10
• $50 - $500 by $25
• $500 - $2,000 by $100
• $2,000 - 5,000 by $250
• $5,000 - $10,000 by $500
• $10,000 + by $1,000
2. Who We Are
Our site address is www.propstore.com
Our company name is The Prop Store of London, Inc. d/b/a Prop Store
Our registered address is 28014 Harrison Pkwy, Valencia, CA 91505
3. What we collect
We may collect, maintain, and use the following data about you:
Your first and last name;
Your home address or other physical address provided by you;
Your telephone number; and
Your email address.
In order to register to bid in our Auction and to use our site, you must create an online account. Once you have created your account, you may update or change your personally identifiable information at any time through your online account.
4. How we use what we collect
We use information about you to:
• Present site content effectively to you;
• Provide information, products and services that you request, or (with your consent) which we think may interest you;
• Carry out our contracts with you;
• Allow you to use our interactive services, if you want to;
• Tell you our charges; and/or
• Tell you about other goods and services that might interest you or for our general marketing purposes.
If you do not wish to have us use the collected data for our marketing purposes, you can opt out by checking the box on our registration form, or by contacting us at any time at [email protected].
5. Disclosing your information
You understand and agree that we are allowed to disclose your information in the following cases:
• To our consignors;
• If we want to sell our business, or our company, to the potential buyer;
• To any of our affiliates, subsidiaries, parents, or related companies;
• Pursuant to a court order or other requirement under applicable law; and
• To governmental agencies or other entities as necessary to protect against fraud.
6. Links to other sites
Please note that our terms and conditions and our Private Policy will not apply to other websites that you may access via a link from our site. Should you visit other websites through any links provided from our site, please be advised that these other websites will not have access to any personally identifiable information you provided to us. We do not share your personally identifiable information with these other websites.
OFFICIAL SWEEPSTAKES RULES AND REGULATIONS
Prop Store’s “The Twilight Saga” Registration Giveaway (hereafter, “Promotion”) is open to anyone who is eighteen (18) years of age or older, or the age of majority in their place of residence, whichever is older, as of the date of entry. Void where prohibited or restricted by law. Officers, board of directors, employees, representatives and agents of The Prop Store of London, Inc., Summit Entertainment, LLC (“Summit”), and their respective subsidiaries, affiliates, owners, shareholders, officers, directors, agents, representatives and employees, and the immediate family members (parent, spouse, child, or sibling, and their respective spouses, regardless of where they reside) of such officers, directors, employees, representatives and agents, and those living in their same households, whether or not related, are not eligible to enter or win any of the available prizes (the “Prizes”). All applicable country, federal, state and local laws apply. Summit is not responsible for the collection, submission or processing of entries, the administration of the Promotion, the selection of winners or the fulfillment of prizes.
Sponsor / Host / Administrator
The sponsor, host and administrator of the Promotion is The Prop Store of London, Inc. (“Prop Store”): 28014 Harrison Pkwy, Valencia, CA, 91355. Prop Store will provide the website and service on which the Promotion will take place and monitor the audience of the live stream, controls all official time-keeping functions, and select the winner of the Promotion.
Agreement to Official Rules
Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these official rules (“Official Rules”) and decisions of Prop Store, which are final and binding. Winning the Prizes is contingent upon fulfilling all requirements set forth herein.
Promotion begins 12:01:00 am Pacific Time (“PT”) on _October 11, 2017 and ends on or about _09:00 am PT on _November 6, 2017 (the “Promotion Period”). Entries submitted before or after the Promotion Period will not be eligible.
How to Enter
ENTRY IS FREE. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY.
Each valid entry will have an equal chance of winning.
All entrants who register to bid in the “The Twilight Saga” Online Auction to be held by Prop Store on _November 6, 2017 to _November 17, 2017, will automatically be entered in the Promotion. If you do not wish to be entered in the Promotion, please check the appropriate box during registration to opt-out of entry.
Until the commencement of the “The Twilight Saga” Online Auction on _November 6, 2017, one (1) winner will be selected in a random drawing conducted each week on Wednesday at or about _1:00 pm PT from among all the valid entries received. Prop Store will announce the winning entry via e-mail.
Noncompliance with these Official Rules, the inability of Prop Store to contact the potential winner, or a prize or prize notification being returned as non-deliverable may result in disqualification and an alternate winner being selected at Prop Store’s discretion. Entrants agree, by entering, that Prop Store reserves the right to conduct a background check and that entry in the Promotion constitutes entrant’s permission for Prop Store to conduct such background check, provided that, to the extent additional authorization is necessary, entrants shall authorize such check. Prop Store reserves the right (at its sole discretion) to disqualify any entrant based on the results of the background check or failure of the entrant to properly authorize such check. You are not a winner until all required submissions have been received and validated by Prop Store. No transfer, assignment, or substitution of prize is permitted except by Prop Store who may substitute the prize with one of comparable or greater value, at its sole discretion for any reason whatsoever.
All other costs not specifically stated herein as being awarded as part of the prize, including, but not limited to, all federal, state and local taxes, VAT, import duties, customs fees and taxes, if any, are the sole responsibility of the winner. The value of the prize will be treated as income to the winner and the winner will be responsible for payment and reporting of all applicable taxes. Prop Store encourages you to consult your tax advisor to determine how winning this prize may affect your tax obligations.
Odds of Winning
Odds of winning the Prizes depend on the total number of eligible entries received throughout the Promotion Period.
The use of script, macro or other automated devices such as bots (or any other devices intended to automate or subvert any aspect of entry) to participate in the Promotion is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Prop Store’s sole discretion and in accordance with these Official Rules) will be void. In the event of a dispute as to the identity of an entrant, the entry and prize will be awarded to the individual assigned to the email address used to register for the “The Twilight Saga” Online Auction, provided such individual is eligible according to these Official Rules. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged entries or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, entries, or the announcement of the prize; or for any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Promotion, or for printing, typographical, human or other errors appearing in these Official Rules or other Promotion-related materials. Prop Store reserve the right, in their sole discretion, to: 1) disqualify any entrant and void any entries of entrants who it believes have attempted to tamper with or impair the administration, security, fairness or proper use of this Promotion or are in violation of these Official Rules; 2) modify, terminate or suspend this Promotion should unauthorized human intervention or any other causes corrupt or impair the administration, security, fairness or proper use of the Promotion, or for any other reason, as determined by Prop Store in its sole discretion.
Any attempt to deliberately damage the website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Prop Store reserves the right to seek any all remedies from any such person(s) responsible for the attempt to the fullest extent of permitted by law. As some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, applicability may vary by location.
Prop Store makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Except where prohibited, entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, and not as a participant in any class action, and exclusively by the state or federal courts located in Los Angeles County, California; and (2) each entrant specifically agrees to the jurisdiction of the state or federal courts located in Los Angeles County, California. Under no circumstances will entrant be permitted to obtain a judgment for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs directly attributable to participating in this Promotion), and entrant further waives all rights to have damages multiplied or otherwise increased.
Choice of Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Prop Store in connection with the Promotion, shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to its choice of law provisions.
Release and Limitations of Liability
By entering, entrants agree to be bound by these Official Rules and the decisions of Prop Store, which are final and binding in all matters relating to this Promotion. Entrants agree, by entering the Promotion, Prop Store, Summit, and their respective parents, affiliates, subsidiaries, shareholders, members, officers, board of directors, representatives, employees, agents, retailers, distributors, suppliers, and advertising and promotion agencies (collectively, the “Released Parties”) shall have no liability and will be held harmless by entrant for any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, to the acceptance, possession, use or misuse of the prize or participation in this Promotion.