Christmas Party Auction Terms and Conditions

Welcome to our Auction Terms and Conditions.

Please read all of these Terms and Conditions carefully. By continuing to access or participate in the Auction, you agree to be bound by them.

If you do not accept these Terms and Conditions, you should not access or participate in our Auction.

1. British Broadcasting Corporation ('the BBC')

1.1 All proceeds of this Auction, conducted by BBC Radio 2 will be donated to BBC Children in Need. The successful bidder will be asked to make immediate payment in accordance with Clause 6. Full details will be supplied to the bidder when the Auction is over. See clause 4.3 below.

1.2. BBC staff and any volunteers working on the auction (whether BBC staff or otherwise) and any of their relatives are excluded from taking part in this Auction.

2. Legal Capacity

2.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the auction items (“Items”). In all cases bidders must be at least 18 years of age. Those taking calls and bids will check each time that the bidder is 18 or over.

3. Legal status of bids

3.1 Each placement of a bid will constitute a legal offer which, on acceptance by the BBC, will form an agreement which will be binding on the bidder.

3.2 For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the Items has been received.

4. Bidding process

4.1 There will be 500 winners in this Auction. The winning bids will be the highest 500 bids which meet any conditions which may be applicable (a “Winning Bid”, or the “Winning Bids”). If at the close of the Auction, there are bids which are all of the same value and eligible to be a winning bid which exceed the number of Items available (for example, 800 people bid £1000) the winners will be selected according to the time the call was received, starting with the earliest first.

4,2 Bids for this Auction will be taken via an automated interactive voice response service (“IVR”) operated by GFM Holdings Ltd and not a live operator. Bidders will be guided through the call and must complete the call process in full to be eligible to enter. Those who do not complete the call process in full, will not be entered into the Auction.

4.3 If a bid is followed by a higher bid that is later removed by the BBC for any reason, it will be open to the BBC to accept the earlier bid, as though the higher bid had never been made.

4.4 If a bid is successful, the BBC will notify the bidder by telephone at the earliest opportunity to confirm the amount of the Winning Bid, details of the Items, and to arrange payment and delivery. To assist in maintaining the integrity of the Auction, the BBC reserves the right to telephone bidders during the Auction in order to make standard checks.

4.5 If there is a problem with payment by the successful bidder of the amount of the Winning Bid or payment is not made within the timescales specified by the BBC, the BBC reserves the right to offer the relevant Item(s) to the next highest bidder.

4.6 The BBC reserves the right to refuse or remove bids in its absolute discretion.

4.7 The BBC reserves the right to close the Auction early or to extend it at any time and at its discretion. The Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by the BBC or issues involving a donor of the Items (a ‘Donor’) (such as any decision by the Donor to remove its Items from the Auction).

4.8 Further to clause 4.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

4.9 If there is a dispute between bidders, the BBC is under no obligation to become involved in such a dispute. The BBC, BBC Children in Need, their officers, employees and agents and the Donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

4.10 Programme presenters during the live programme will refer to the terms and conditions on the website at the opening of each Auction and at regular intervals throughout the programme.

4.11 The BBC will inform listeners of the telephone charges that apply when bidding in the Auction. The Auction line number at BBC Radio 2 is 0345 1223344. Standard geographic charges from landlines and mobiles will apply.

4.12 All Auction details, bidding progress, amounts, numbers etc will be retained for 12 months from fulfilment of the auction Item.

5.Items

5.1 The Items consist of tickets to attend a Christmas Party hosted by Chris Evans and will be described here prior to each Auction opening. Any requirements listed in the description of the Items will form part of these Terms and Conditions.

5.2 Monies paid for the Items are non-refundable and the Items are non-exchangeable. Items comprising or including ‘experience packages’, are non-transferable, must not be resold, re-auctioned or transferred in any way.

5.3 The winning bidder is also expected to check any admission requirements from the venue and ensure that ticket holders meet such requirements. There may also be additional terms and conditions or additional documents that the winning bidder must complete to take part.

5.4 The information provided as a description of the Item has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect or incomplete due to human error or circumstances beyond our control.

5.5 All elements of the Items are expressed within the descriptions read out on the programme and/or as provided online. No additional fees, costs, travel, hospitality or expenses will be included.

5.6 The BBC shall have the right to substitute Items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason. In the event of such substitution before the close of the Auction, a bidder may withdraw a bid by notice to the BBC, such notice to be received before the close of bidding. In the event of a substitution after the close of the Auction the winning bidder shall have the right to decline the substitution within seven days and, where applicable, the right to a refund of monies paid. In the event that that the winning bidder does not accept the substitution the Item will be offered to the next highest bidder.

5.7 The winning bidder will be expected to take part in post-Auction publicity for the BBC or BBC Children in Need if required.

6. Payment

6.1 Payment must be in accordance with the payment details to be advised post-close to the winning bidder.

6.2 All monies must be received within fourteen days of the winning bidder receiving confirmation that the bid is the winning bid. Staff at BBC Radio 2 (BBC Children in Need or their authorised subcontractors GFM Holdings Ltd) will ensure all Auction Items are claimed or paid for within fourteen days of the Auction finishing. Neither the BBC nor BBC Children in Need can accept any liability for payments not received as a result of failures in the postal service or otherwise.

6.3 Unless otherwise agreed by the BBC, Items will not be released to you until payment has been received and cleared

7. Currency

7.1 The Auction will be conducted in pounds Sterling.

7.2 Although the BBC and BBC Children in Needbelieves that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.

8. Liability

8.1 The BBC endeavours to ensure that the information and other material on this website, and provided on the BBC programmes, is correct and complete. However, it may be incorrect or incomplete due to human error or circumstances beyond the BBC’s control.

8.2 The BBC will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

8.3 Neither the BBC, nor BBC Children in Need, shall be liable for any claims or losses of any nature arising directly or indirectly from your inability to access the website or Auction because of, amongst other things, technical difficulties experienced by the BBC, Donors or the telephone pr IVR system or circumstances beyond the BBC or BBC Children in Need’s control.

8.4 Neither the BBC, nor BBC Children in Need, shall, in any circumstances, be liable in contract or tort (including negligence and breach of statutory duty) for any loss you suffer in connection with this Agreement, website or Items purchased by you that is not foreseeable. Loss is foreseeable if it was an obvious consequence of the BBC or BBC Children in Need’s breach or if it was contemplated by you and the BBC at the time we entered into this Agreement.

8.5 Without prejudice to any of the above, you agree that, if the BBC or BBC Children in Need is held to have any legal liability, the BBC and BBC Children in Need will only collectively be liable for direct loss up to a maximum total of the amount of the Winning Bid in respect of any one incident or series of incidents attributable to the same cause.

8.Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the BBC or BBC Children in Need or any other liability which cannot be excluded or limited by law.

9. Data Protection

9.1 The winning bidder agrees that the BBC and BBC Children in Need may use its name and town or country of residence to announce the winner of this auction.

9.2 The BBC complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by the BBC and will only be used by the BBC or disclosed to a third party (such as a Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you. For the BBC’s privacy policy, please see www.bbc.co.uk/privacy. BBC Children in Need and their service provider GFM Holdings Ltd may use your information to take bids, payment, process refunds or deal with any queries relating to the auction. BBC Children in Need may retain this information for up to 12 months following the Item being provided or fulfilled. For further information, please see BBC Children in Need’s privacy policy at www.bbcchildreninneed.co.uk/fundraisinghub/privacy.

9.3 If necessary, the BBC will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.

10. Severability

10.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

11. Third Party Rights

11.1 BBC Children in Need may rely on any rights, remedies or protections granted to it under this Agreement. Otherwise, nothing under this Agreement shall give rights to any person who is not a party to it. BBC Children in Need’s consent is not required to amend or terminate this Agreement.

12. Jurisdiction

12.1 As far as is legally possible, all aspects of this Agreement shall be governed by English law and the BBC and you agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.