Safari Club International, Orange County Chapter Terms and Conditions 2019:

Auction and Raffle Program Rules & Regulations
Safari Club International, Orange County Chapter (“OC SCI”) is a Section 501(c)(3), non-profit organization. Our members are conservationists who hunt. Our mission is conservation of wildlife and natural resources. OC SCI appreciates the support of its donors and members in helping to further its programs and goals. Auction revenue funds a significant portion of OC SCI's operating budget. The term “auction” refers to the silent auction, the live auction and the raffle conducted on March 9, 2019 for the benefit of OC SCI.
Amounts paid to OC SCI as part of the auction usually do not qualify as charitable deductions. If an auction item (not a raffle item) is sold for the benefit of OC SCI, 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 (raffle ticket purchases are not eligible for a charitable deduction). 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.
These Auction and Raffle Program Rules and Regulations apply to auctions and raffles conducted for the benefit of OC SCI during its fundraiser on March 9, 2019.
AUCTION BIDDING PROCEDURES AND CONDITIONS OF SALE
1. You or your representative (designated individual must have written, notarized authorization by you stating maximum bidding price for each of the items of interest) must be registered and present during the auction to be eligible to bid. A person who bids on behalf of another person or group will be ultimately held responsible for payment in its entirety. A person registered and bidding through the official OC SCI online auction site will be considered to be registered and present for the auction. Successful online bidders who are not registered to attend the OC SCI fundraiser will be required to pay a five percent (5%) bidder’s premium based on the amount of the winning bid.
2. All items won in a raffle or sold in an auction are provided “as is.” OC SCI assumes no responsibility for the validity of the descriptions, authenticity, or condition of any item provided for auction or in a raffle. OC SCI makes no warranty or guarantee, express or implied regarding any property or service sold at auction or won in a raffle including, but not limited to, any warranty of fitness for a particular purpose or merchantability. Values listed are as stated by donors and are not warranted by OC SCI for tax or any other purpose. Any written warranties relating any goods sold at auction or won in a raffle are SOLELY those of the manufacturer or provider.
3. All items auctioned or raffled (whether goods or services) have been acquired or obtained by OC SCI from third parties. The purchaser acknowledges that the items have not been inspected by OC 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. No services regarding any auction or raffle item will be performed by OC SCI.

4. After bidding for an item concludes and the auctioneer designates a winning bidder, the designated winner (buyer) must immediately agree to a Buyer's Agreement. For buyers at the auction location, the buyer must sign the Buyer's Agreement and one copy will be given to the buyer. For online buyers, the buyer must click "I accept" after reading the Buyer's Agreement which, along with payment for the item, constitutes agreement to the Buyer's Agreement. For silent auctions, the Silent Auction Bid Sheet is considered the Buyer's Agreement to purchase the indicated item. All signatures on Buyer's Agreements, Silent Auction Bid Sheets and Silent Auction Sealed Bid Forms, and "I accept" with payment for online purchases, are legal and binding. OC SCI will not recognize changes, additions or deletions to any auction description agreed to by the buyer and donor unless such changes are noted on the Buyer's Agreement and signed by the buyer and an authorized representative of the donor, or in the case of online buyers, noted in an electronic writing exchanged between the buyer and an authorized representative of the donor.
5. By making a purchase, the purchaser waives any claim for liability against OC SCI or the donor of any property or service, and neither OC 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 OC 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 OC SCI’s attorneys’ fees and costs and will hold OC SCI harmless from any judgment thereon.
6. By making a purchase at the auction or participating in the raffle, the purchaser/participant agrees that:
a. The auction and purchases made at the auction and the conduct of the raffle and any items won in the raffle shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State of California (regardless of any choice of law or conflict of law provisions of any jurisdiction), and venue for any and all actions, including litigation, mediation and/or arbitration, shall be exclusively in Orange County, California.
b. Any dispute or action arising out of or relating to the auction and purchases made at the auction or any items won in a raffle shall first be submitted to non-binding mediation before a mediator mutually agreed to by the Parties, with said mediation to be held in Orange County, California and with each party to the mediation to pay an equal portion of the mediator’s fees and expenses. If mediation is unsuccessful, then such dispute or claim shall be submitted to final and binding arbitration in accordance with the rules of JAMS relating to disputes arising out of contract, before one arbitrator, with said arbitration to be held in Orange County, California. Each party to any arbitration will pay an equal portion of the arbitrator’s fees and expenses.
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 OC SCI is not responsible for any missed bids or bids that fail to be executed.

8. Successful bidders may, during or immediately following the auction, present their copy of the Buyer’s Agreement to the Auction Payment Counter, where they may pay by cash or credit card. Visa, MasterCard and American Express are accepted.
9. All auction items purchased must be paid for in full before 10:00 p.m. PST on March 9, 2019. Any bidder/purchaser who attends the live auction and leaves his/her purchases (other than a firearm for which a background check and waiting period will be required) at the auction site does so at his/her own risk. OC SCI is not responsible for any item not removed from the auction site by a winning bidder/purchaser who attends the live auction. Items purchased through an online auction will be shipped to the winning bidder/purchaser and all shipping fees are the responsibility of the winning bidder/purchaser.
10. Silent auction items will be showcased at the auction location for open bidding to all adults in attendance. All open bidding, legibly written (including name and bid) will be accepted on bid boards until the close of the silent auction). Online bidding for silent auction items will be facilitated by a representative of ABC Live Auction World (“ABC”). OC SCI is not responsible for placing or verifying any online bids for any silent auction items, and will not be responsible for any failure to execute any online bid or for any errors in execution of any online bid.
11. ALL SALES ARE FINAL. ALL TANGIBLE GOODS PURCHASED AT THE OC SCI AUCTION ARE SUBJECT TO THE CURRENT STATE AND LOCAL SALES TAX RATES (CURRENTLY 7.75% IN THE CITY OF ANAHEIM, CALIFORNIA). THERE WILL BE NO EXCHANGES OR REFUNDS on any items or services. Unless otherwise indicated, all auction items, services and hunts must be used within one year of the date of the purchase at the auction. Dates and times for applicable items are to be arranged at the mutual convenience of the donor and winning bidder/purchaser. In no event may a winning bidder/buyer seek reimbursement from OC SCI and each winning bidder/buyer acknowledges and agrees that OC SCI is not liable to refund the purchase price or any portion thereof.
12. IT IS THE PURCHASER’S RESPONSIBILITY TO CONTACT THE DONOR REGARDING PURCHASED ITEMS, SERVICES, HUNTS OR OTHER TYPES OF TRIPS and to make all arrangements for trip dates and the application for necessary of paperwork for licenses and permits. OC SCI is not, and will not act as, a conduit or go-between between the purchaser and donor.
13. Although OC SCI has made efforts to ensure the quality of donated hunts and trips, it cannot, and does not, guarantee the satisfaction of either the donor or the purchaser.
14. To protect our donors, OC 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. If the Auction Program Chairman or the Auctioneer determines that it is necessary or in OC SCI’s best interest, the item 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 item may be considered a no sale and withdrawn and may be resold later. All hunt values are printed in the auction catalog and based on information provided by the donor. The Auctioneer shall have the sole and final discretion to determine the sale of a donated item.

15. Some hunts and other trips may be subject to VAT and GST tax liabilities. Often these taxes are due and payable before a hunt or other type of trip can be taken. OC SCI does not assume responsibility for any VAT or GST tax liabilities. Interested bidders and buyers should verify amounts with donor and check with the local government where a hunt or other type of trip is to be taken to validate tax rates.
16. All firearm (excluding some types of muzzleloaders and air rifles) purchases made during the auction or won during the raffle will be subject to applicable federal, state and local laws regarding firearm purchases. Any person who purchases a firearm during the live auction or silent auction or who wins a firearm during the raffle (a “Firearm Purchaser”) must contact Bolsa Gunsmithing in Westminster, CA (www.bolsagunsmithing.com 714-894-9100 bolsaguns@aol.com) to arrange to comply with California laws regarding the required background and to pick up the firearm at Bolsa Gunsmithing (after complying with all California background check and waiting period requirements if the Firearm Purchaser is a California resident) or arrange to have the firearm shipped by Bolsa Gunsmithing to another federally licensed firearms dealer within or outside of the State of California. Each Firearm Purchaser is responsible for paying all applicable fees and expenses related to any background check requirements, transfer fees, shipping expenses and any other fees or expenses regarding shipping the firearm or transferring ownership of the firearm. Each Firearm Purchaser is responsible for compliance with all applicable laws, rules and regulations in his or her place of residence regarding purchasing, owning and possessing firearms. Firearms offered at the OC SCI auctions and raffle are legal for purchase and sale in the State of California as of March 9, 2019. If you reside outside of the State of California, you should check applicable laws, rules and regulations in your place of residence regarding firearms.
17. The terms and conditions set forth in the Auction Buyer Policy and the Auction Hunt Policy are hereby incorporated herein by reference.
The purchaser’s acceptance of the Buyer’s Agreement, Silent Auction Bid Sheet or Silent Auction Sealed Bid Form signifies and guarantees that the purchaser has read and understands these Auction and Raffle Program Rules and Regulations, the Auction Buyer Policy and the Auction Hunt Policy, and the purchaser accepts and agrees to completely abide by and be legally bound by all the terms, conditions, rules and regulations for the Auction and Raffle Program.
OC SCI – Auction Buyer Policy
OC SCI offers donated hunts and other items through live auctions, silent auctions and the sale of raffle tickets for designated items. OC SCI’s policy for hunts, fishing trips and other items acquired by at auction or through a raffle program is as follows:
1. OC SCI offers hunts, fishing trips, vacations, art, jewelry, firearms and other tangible items for bid during live and silent auctions or for raffle. All items are transferred as is. All valuations are provided by donors and all descriptions are based on information provided by third parties and OC SCI shall in no event be held responsible for their accuracy. OC SCI does not make implied or expressed warranties or representation of any kind, nor does OC SCI deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in any OC SCI publications, catalogs or brochures or in the bill of sale or invoice or elsewhere shall be deemed such a warranty, representation or assumption of liability by OC SCI. Any written warranties with respect to the items purchased are those solely and expressly supplied by the manufacturer or donor of that item or hunt. Although third parties sometimes provide appraisals with items such as jewelry, OC SCI does not verify or warrant their accuracy or origin. Appraisals are the result of subjective valuations and estimates of value and quality can vary markedly between competent and reliable appraisers. The provision of an appraisal does not represent a guarantee of value. Furthermore, any written or visual presentation done or offered by third parties does not necessarily reflect the opinion or attitude of OC SCI.
2. All auctions are final and there will be no exchanges or refunds on items or hunts. OC SCI has made efforts to ensure the quality of donated items or hunts. However, OC SCI does not guarantee the satisfaction of the donor or the purchaser in any case. In reference to hunt donations, fishing trip donation and vacation donations, it is the purchaser’s responsibility to contact the donor immediately and make all necessary arrangements for trip dates and the application for any necessary paperwork for licenses and/or permits. Failure to make necessary arrangements may constitute forfeiture of the purchased item.
3. If a purchaser fails to pay for any item prior to 10:00 p.m. PST on March 9, 2019, OC SCI reserves the right to pursue all legal remedies available to it. OC SCI may undertake internal actions, which could result in sanctions including, but not limited to, suspension of a purchaser’s membership or expulsion from SCI.
4. Although OC SCI makes reasonable efforts to list all extra and ancillary expenses not included in hunt, fishing, travel, service and other items, lists of expenses in auction item descriptions should not be considered exhaustive or definitive and OC SCI will not be held responsible for their completeness or accuracy. The amounts of additional expenses listed in auction item descriptions are usually 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, fishing or other type of trip or in using a service or item.
5. All tangible items purchased in an auction are subject to applicable state and local sales tax.
6. All of the terms and conditions set forth in the Auction Hunt Policy and the Auction and Raffle Program Rules & Regulations are applicable to people purchasing items at auction or winning raffle items and such terms and conditions are incorporated herein by reference.
DISCLAIMERS OF WARRANTIES AND LIABILITY
General – Any hunts, fishing trips, vacations, goods or services purchased by a buyer at auction or won in a raffle are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Safari Club International, Orange County Chapter (“OC SCI”) makes no warranties about any donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her purchase. OC SCI’s acceptance of donate items does not imply endorsement of the donor or the donated hunt, trip, goods or services.
In no event shall OC SCI or any of its directors, officers, agents, employees, or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused or on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising out of or in any way related to any trips, hunts, goods, services or anything else purchased at auction or won in a raffle.
Hunts and Trips – Although OC SCI has made efforts to ensure the quality of donated hunts and trips, it has no control over the operation of the donor and cannot and does not guarantee that the hunt or trip will be to the satisfaction of anyone who purchase a trip at auction or wins a trip in a raflle. The Buyer understands and agrees that it is his/her responsibility to make all arrangements for hunt or trip dates, including travel and completion and filing of all necessary documents, including applications for licenses and permits. OC SCI cannot guarantee or warrant that a trophy animal or any animal will be taken during a hunt or that any fish will be caught during a fishing trip.
ASSUMPTION OF RISKS AND UNCONDITIONAL RELEASE. Hunting trips, fishing trips and other types of travel involve inherent risks. Such risks include, but are not necessarily limited to, death, illness or injury due to the discharge of a firearm, cuts, drowning, falls, attack by wild animals, contact with poisonous animals, insects or plants, exposure to bacteria, viruses or toxins, exposure to the elements and, in some locations, terrorist activities or political unrest. In return for being allowed to participate in an auction or raffle during which a trip my be purchase or won and being allowed to participate in any hunting, fishing or other type of trip that may be purchased or won, the purchaser/winner (for himself/herself and his/her heirs, personal representatives and assigns) hereby releases, waives, discharges and promises not to sue OC SCI or any of its directors, officers, members, agents or representatives from liability from any and all claims (including, but not limited to, any negligence of OC SCI) resulting from death, injury, accident, illness or property loss in connection with participating in any hunting trip, fishing trip or any other type trip. The purchaser or winner of any hunting trip, fishing trip or other type of trip purchased at auction or won in a raffle agrees to indemnify and hold OC SCI harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of any involvement in any such trip, and to reimburse OC SCI for any such expenses incurred. This paragraph includes a complete and unconditional release of all potential liability of OC SCI and its directors, officers, members, agents or representatives to the greatest extent allowed by law.