RULES OF THE LIVE AUCTION, SILENT AUCTION AND RAFFLE
(the “Auction Program Rules”)
1. In order to bid on any Live Auction, Silent Auction or On-Line Auction
items, trips or services, whether at the fundraiser or on-line, or to
purchase any Raffle Tickets at the fundraiser, you must have (i)
completed and submitted a Bidder Registration Form, and (ii) received
a Bidder Number. At the end of the evening, your credit card will be
charged for all items where you were the winning bidder in the Live
Auction, Silent Auction and/or On-Line Auction, and for all Raffle
tickets purchased.
2. The conclusion of the Silent Auction will be announced by the Auction
Committee. Winning bid sheets must be brought to the cashier to confirm
payment and to pick up merchandise. Please show your paid receipt to an
Auction Staff Member for pick up.
3. The winning bidder of a Live Auction item will be asked to complete an
Auction Invoice and Buyer's Agreement (herein sometimes referred to as a
“Buyer’s Agreement”). At the Live Auction you must present your signed
Buyer’s Agreement to the cashier in order to receive additional information
regarding your Live Auction Item.
4. Gun Raffle prize winners will be required to complete The Greater Atlanta
Safari Club’s (“SCI”) standard Gun Raffle Agreement. Gun Raffle winners
must present their copy of the Gun Raffle Agreement to the Dealer –
Adventure Outdoors at 2500 South Cobb Dr. SE, Smyrna, GA 30080, 770-
333-9880, any time after 10:00 a.m., TUESDAY, JANUARY 29, 2019, but
no later than THURSDAY, FEBRUARY 28 2019, to receive their gun. Gun
Raffle tickets for rifles or shotguns may only be purchased by persons 18
years old and older. Rifles or shotguns won in any Gun Raffle or Gun
Auction may only be transferred to and owned by persons 18 years old and
older. Gun Raffle tickets for pistols may only be purchased by persons 21
years old and older. Pistols won in any Gun Raffle or Gun Auction may only
be transferred to and owned by persons 21 years old and older. Some
donations may require shipping costs, transfers, transportation, lodging,
background checks, licenses and/or other fees, all of which are the sole
responsibility of the winning bidder.
5. All sales are final, no refunds or exchanges will be given. In no event shall
Purchaser seek reimbursement from SCI and Purchaser acknowledges and
agrees that SCI is not liable to refund the purchase price or any portion
thereof. Auction items and services may not be exchanged for other items
or services offered by the Donor, or returned to the Donor for any refund,
credit or other consideration. All items and services must be used in
accordance with the specified restrictions. All trips purchased from the live
or silent auction are non-transferable, and cannot be donated to other
events/charity functions, etc.
6. Auction items and trips may not be used in combination with any other
donated items or trips, whether purchased at this event or any other event.
7. Disclaimer of Liability: The items, trips or services covered by these
Auction Program Rules are all being sold “AS IS”, with all faults and defects,
and no express or implied warranties or representations of any kind are
made with respect to any items, trips or services.
8. Unless specified otherwise, all auction items, services, trips and hunts must
be used and completed by December 31, 2019. Dates and times for
applicable items are to be arranged at the mutual convenience of the donor
and winning bidder/purchaser.
9. Only an Auction Committee Official may nullify a bid. In a dispute, an
Auction Committee Official shall act as the final authority and determine the
winning bidder.
10. The Auction Committee may (but is not required to) sell the item to another
bidder if an Auction Invoice and Buyer's Agreement is not signed
immediately following the close of bidding or if the item is not paid for within
one day following the close of bidding.
11. Your bid is a contract to purchase if you are the highest bidder. Items are
awarded and deliverable to the highest bidder upon the close of bidding.
Your credit card will be charged for all items where you were the winning
bidder.
12. Visa, MasterCard and American Express are accepted for payment. All
auction purchases must be paid for the evening of the auction or they will be
deemed forfeited. All auction purchases other than guns must be removed
from the event venue or they will be deemed forfeited.
13. All live auction, silent auction, on-line auction, raffles and other
activities of The Greater Atlanta Safari Club, Inc. are subject to the
above-stated Auction Program Rules and the “Auction Terms and
Conditions” set forth below, which Auction Terms and Conditions are
incorporated herein by reference. The Purchaser’s acceptance of the
Buyer’s Agreement, Silent Auction Bid Sheet or Gun Raffle Agreement
signifies and guarantees that the purchaser has read and understands
these Auction Program Rules and the Auction Terms and Conditions
set forth at the end of this Live Auction Guide, and the Purchaser
accepts and agrees to completely abide by and be legally bound by all
the terms, conditions, rules and regulations contained in such Auction
Program Rules and Auction Terms and Conditions.
14. The Live Auction conducted at the fundraising dinner and the On-Line
Auction, for the sale of each of the Auction Items listed in this Auction
Guide, will be conducted simultaneously.
AUCTION TERMS AND CONDITIONS
The Greater Atlanta Safari Club, Inc., a Georgia corporation, is herein sometimes referred to in
this Live Auction Guide as “SCI.” SCI's members are conservationists who hunt. Our mission is
conservation of wildlife, youth education, education of the public, advocacy for hunting and
hunter's rights and charitable activities. SCI appreciates the support of its donors and members
in helping to further its programs and goals. Auction revenue funds a great portion of SCI's
operating budget. The majority of the dollars raised goes to support SCI's charitable conservation
and education programs and for protection of hunters' rights. The term “auction” refers to silent
auction, live auction, on-line auction and raffle. All hunts, trips and other items are sold “AS IS,”
“WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTIES OR GUARANTIES
OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SCI assumes no responsibility for the validity of the descriptions, authenticity, or condition of any
item donated for auction. SCI is not responsible for the correct functionality, performance or
authenticity of any item. Values listed are as stated by donors and are not warranted by SCI for
tax or other purposes.
1. All items auctioned (whether goods or services) have been acquired or obtained by
SCI from third parties. The purchaser acknowledges that the items have not been inspected by
SCI and that the purchaser is advised, in the case of firearms, knives, bows, bullets or other
weapons, to secure a competent inspection and test of the goods before use.
2. No statement in the catalog or made at the sale or in the bill of sale or invoice or
elsewhere is, or shall be deemed such a warranty, representation or assumption of liability by SCI.
Any written warranties with respect to the items purchased are those SOLELY and expressly
supplied by the manufacturer or donor of such item. All services, trips and hunts purchased from
SCI have been donated to or obtained by SCI from third parties, and are to be furnished by such
third parties. No such services are to be or will be performed by SCI. SCI has no control over the
operation of the donor and cannot and does not guarantee the delivery or quality of any such
services, trips or hunts and it is not liable for any loss or damage arising from or relating to the
provision or non-provision of such services, trips or hunts. Purchaser acknowledges and agrees
that in the event services, trips or hunts purchased are outside of the United States, SCI shall not
be responsible or liable for any political unrest or instability that may occur outside the United
States, nor shall SCI be held accountable for any injuries or damages.
3. By making a purchase, the purchaser waives any claim for liability against SCI or the
donor of any property or service, and neither SCI nor the donor is responsible for any personal
injuries or damages to property that may result from the utilization of any property or services sold.
If any action or claim is made against SCI by an individual, entity, or state, local, federal, foreign
or political body for any matter whatsoever arising from the use of the auctioned items, or any
actions or parties conducting business with respect to the auctioned items, the donor and/or
purchaser will pay SCI’s attorneys’ fees and costs and will hold SCI, and its officers, directors,
members, agents, employees, servants, representatives, invitees, successors or assigns
(collectively the “SCI Parties”) harmless from and against any claims, demands, liabilities, losses,
liens, costs, expenses (including without limitation attorneys’ fees and expenses) and damages,
of any kind or nature related thereto (collectively, “Claims”).
4. SCI is not a Section 501(c)(3), non-profit membership organization. SCI is not a
qualified charitable organization. Items donated to SCI and amounts paid to SCI as part of the
auction do not qualify as charitable deductions. No portion of any SCI auction purchase is eligible
for a tax deduction unless it is an auction item (not a raffle item) sold for the benefit of SCI
Foundation, which is a qualified charitable organization. If an auction item (not a raffle item) is
sold for the benefit of the SCI Foundation, the purchaser may be eligible for a charitable deduction
for only that portion of the payment that is over the item’s fair market (or retail) value (except for
raffle ticket purchase, which are not eligible for a charitable deduction in all cases). All auction
items are donated to SCI (not SCI Foundation) by SCI exhibitors or donors unless otherwise
expressly noted in the written description of the Item in this Live Auction Guide. If an auction item
is dedicated to benefit SCI Foundation, it will be noted in the description. Refer to IRS Publication
1391, Deductibility of Payments Made to Charities Conducting Fund Raising Events and consult
your tax advisor for information about charitable deductions.
5. The agreements of Purchaser made under the Auction Program Rules, the Auction
Terms and Conditions and in any Buyer’s Agreement, Silent Auction Sheet and Gun Raffle
Agreement (all of the foregoing being herein sometimes referred to as the “Agreements”), and
their construction, performance, capacity of the parties and enforcement shall be governed by the
laws of the State of Georgia without regard to any conflicts of law provisions. For all claims or
disputes in which SCI is named as a party arising under or with respect to the Agreements or any
item purchased at auction, Purchaser agrees that the exclusive jurisdiction and venue for such
disputes, including litigation, mediation and/or arbitration, shall be in Fulton County Superior Court,
Fulton County, Georgia, or the United States District Court for the Northern District of Georgia.
Purchaser waives any objection or defense (including, without limitation any defense of
inconvenient forum) that Purchaser may now or hereafter have to the venue of any such action or
proceeding in such courts. If legal action is required and SCI prevails, SCI shall be entitled to
recover its attorney fees and costs.
6. Any dispute or action arising out of or relating to the Auction and purchases made at
the Auction shall first be submitted to non-binding mediation before a mediator mutually agreed
upon by the Parties, with said mediation to be held in Fulton County, Georgia. If mediation is
unsuccessful, then such dispute or claim shall be submitted to final and binding arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association, before
one arbitrator, with said arbitration to be held in Fulton County, Georgia.
7 If during a live auction, a final bid for an item is erroneously taken from two bidders,
the bidding is closed to everyone else except those two bidders. The high bidder acknowledged
by the auctioneer shall be the purchaser; the auctioneer shall have the sole and final discretion to
determine the successful bidder in any auction. At each live auction, there will be pre-designated
bid spotters in the audience, and it is the responsibility of the bidder to direct bids to the nearest
spotter. The auctioneers and spotters will make every attempt to acknowledge all desired bids,
but SCI is not responsible for any missed bids or bids that fail to be executed.
8. After bidding for an item concludes and the auctioneer designates a winning bidder,
the designated winner (purchaser) must immediately sign a Buyer’s Agreement for the purchased
trip/item. The Buyer’s Agreement will be brought to where the bidder/ purchaser is sitting for
signature and the bidder/purchaser will retain one copy at that time. For online purchasers, the
winning bidder must click "I accept," along with payment for the item, immediately after being
designated the winning bidder by the auctioneer, which constitutes the winning online bidder’s
agreement to the Buyer's Agreement. Should the successful bidder (Purchaser) fail to
immediately sign the Buyer's Agreement or successful online bidder (Purchaser) fail to
immediately click “I accept”, SCI shall have the right and option to sell the auction item to either (i)
the second highest bidder, (ii) to immediately sell the item at auction to new bidders, or (iii) to not
sell the item and to hold it for future sale to a third party. For silent auctions, the Silent Auction
Bid Sheet or Silent Auction Sealed Bid Form is considered a Buyer’s Agreement to purchase the
indicated item. All signatures on the Buyer’s Agreement and the Silent Auction Bid Sheet or Silent
Auction Sealed Bid Form, and clicking “I accept” with payment for online purchases, demonstrate
that the bidder/purchaser acknowledges that the agreement is a legal and binding contract to
purchase the item at the accepted bid price. SCI will not recognize changes, additions or deletions
to any auction description agreed to by the Purchaser and donor unless such changes are noted
on the Buyer's Agreement and signed by the Purchaser and an authorized representative of the
donor, or in the case of online buyers, noted in an electronic writing exchanged between the
Purchaser and an authorized representative of the donor.
9. Although SCI makes reasonable efforts to list all extra and ancillary expenses not
included in hunt, travel, service and other items, lists of expenses in auction item descriptions
should not be considered exhaustive or definitive and SCI will not be held responsible for their
completeness or accuracy. The amounts of additional expenses listed in auction item descriptions
are approximations and are subject to change without notice. Bidders should contact relevant
donors before bidding for additional and updated information about expenses one can expect to
incur in taking a hunt or trip or in using a service or item.
10. SCI cannot, and does not, guarantee the satisfaction of either the donor or the
purchaser of any trips, hunts or other items.
11. To protect our hunt donors, SCI reserves the right to withdraw any donated hunt from
the auction that does not receive a bid at the minimum of 50% of its stated value or any other
applicable reserve or minimum. If the Auction Program Chairman and/or the Auctioneer
determines that it is necessary or in SCI’s best interest, the hunt may be offered to the last highest
bidder at 50% of its stated value before determining that a withdrawal is necessary. If the last
highest bidder rejects the offer, the hunt may be considered a no sale and withdrawn and may be
resold later. All hunt values printed in the auction catalog have been designated by the donors.
The Auctioneer shall have the sole and final discretion to determine the sale of a donated hunt or
other item.
12. Some hunts are subject to VAT and GST tax liabilities. Often these taxes are due and
payable before a hunt can be taken. Other items may be subject to sales taxes. SCI does not
assume responsibility for these fees. Interested bidders and purchasers should verify amounts
with donor and check with the local government where a hunt is to be taken to validate tax rates.
Additionally, some donor/outfitters will require the payment of a reservation deposit to secure a
reservation, and interested bidders and purchasers should verify any deposit terms or
requirements with the donor before bidding.
13. Purchaser agrees that neither SCI, nor any of the SCI Parties, are responsible for, or
liable for, any direct, indirect, incidental, consequential, special, exemplary, punitive, damages or
injuries of any kind or nature, however caused, under any theory of liability, whether in contract,
strict liability, or tort (including negligence or otherwise), to the person or property of whatever kind
of nature arising from or related to the auction or the performance of any trips, hunts, goods,
services or anything else purchased by Purchaser at the fundraiser. All disputes are between the
donor and the winner of the auction item. The Purchaser shall indemnify, defend and hold the
SCI Parties harmless from and against any Claims of any kind or nature, arising from or related to
any auction, raffle, auction item or raffle item.
14. If a Purchaser fails to pay for any item prior to the close of the Fundraiser, SCI
reserves the right to pursue all legal remedies available to it. SCI may undertake internal actions,
which could result in sanctions including, but not limited to, suspension of Purchaser’s
membership or expulsion from Safari Club International.
15. IT IS THE PURCHASER’S RESPONSIBILITY TO CONTACT THE DONOR
REGARDING PURCHASED ITEMS, SERVICES OR HUNTS and to make all arrangements for hunt
dates, make all travel arrangements, the submission of all necessary paperwork for licenses and permits, and
obtaining all necessary arrangements, licenses and permits. SCI is not, and will not, act as a conduit or go
between for the purchaser and/or donor. SCI does not guarantee or warrant that a trophy animal or any
animal will be taken during a hunt.