The Buncombe County Tourism Development Authority, Inc., d/b/a Explore Asheville is a North Carolina 501(c)(6) non-profit organization (“Explore Asheville”). Explore Asheville is offering a chance to win five Concert for the Carolinas Packages valued at approximately $1,400 (the “prize”) through an online auction through the website Zeffy. (the “auction”)
The auction will be conducted via the website always.exploreasheville.com between 8:00 a.m. ET on October 15, 2024 and 11:59 p.m. ET on October 20, 2024. The minimum bid for each prize shall be $2,500. If the minimum bid is not made on a prize, the prize will not be awarded. Bids must be made through the website listed above to be valid.
All proceeds from the auction will go to the Always Asheville Fund to help our small independent travel and hospitality businesses throughout Asheville and Buncombe County recover from the devastating impacts and aftermath of Hurricane Helene. Anyone, including employees and staff of Explore Asheville, Board of Directors Members of Explore Asheville and their family may participate in the auction; however, to be eligible for the auction, bids must be made by a natural person, 18 years of age, and either a US citizen or resident alien as defined by Federal law. There is no limit to the amount a qualified individual may bid or the number of times a qualified individual may bid.
The value of the auction prize may be subject to federal and/or state income taxation. Winner may receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited.
WINNER VERIFICATION AND PRIZE CLAIM: The winner will be required to provide proof of identification and eligibility before being declared the official winner and claiming the prize. Winner will be contacted by telephone and email based on the number and email address provided by the winner at the time of entry. Explore Asheville will take all reasonable steps to contact the winner, beginning with a phone call and email on the day of the drawing (the “First Attempt”). Explore Asheville will make no more than three (3) attempts to reach the winner, and if Explore Asheville is unable to reach the winner or the winner does not respond to Explore Asheville’s voicemail messages or emails within twenty-four (24) hours of the First Attempt or is found to be ineligible, the prize will be forfeited, and an alternate winner will be selected by random drawing.
RELEASE AND LIMIT ON LIABILITY: By participating in the auction, the participant releases and holds harmless Explore Asheville, its employees, staff members, agents, members of Explore Asheville, officers and members of the Board of Directors of Explore Asheville from any liability, claims, or actions of any kind arising out of or related to the auction or the prize awarded. Participant recognizes that the prize may include requiring the participant to travel. Participant recognizes that travel and attending a concert can lead to damage to person and property, up to and including physical harm and death. Participant assumes all risk associate with the prize. Explore Asheville assumes no responsibility or liability for (a) any incorrect or inaccurate bids or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries or bids at any point in the operation of the auction; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers, including but not limited to Zeffy, utilized in any aspect of the operation of the auction; (d) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof, or; (e) any injury or damage to participant or participant’s property which may be related to or resulting from any participation in or attempt to participate in the auction. Explore Asheville reserves the right at its sole discretion to cancel, terminate, modify or suspend the auction in whole or in part.
RESTRICTIONS: By participating in the Explore Asheville auction, the participant agrees to be bound by these official rules, the terms and conditions of the Zeffy website, and by the decisions of Explore Asheville. All decisions of Explore Asheville with respect to the auction shall be final and binding.
PUBLICITY AND PRIVACY: By entering the auction, participant recognizes and agrees that the registration information provided by the participant will be made available to Explore Asheville. Additionally, participant understands that Explore Asheville is using the website Zeffy to conduct the auction. Information submitted with the entry is subject to the privacy policy stated on the Zeffy website. To read the privacy policy, click here. By accepting a prize, winner grants Explore Asheville the right to print, publish, broadcast, and use universe-wide in any media now known or later developed, the winner's name, portrait, picture, voice, likeness, city and state of residence, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law.
GOVERNING LAW: The auction rules shall be governed by and construed in accordance with the laws of North Carolina, and the auction is void where prohibited.
DISCLAIMER: Explore Asheville is not responsible for any typographical or other errors in this Official Rules or in any promotional materials regarding the auction. Explore Asheville reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry or bidding process.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participants, winners or Explore Asheville, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the North Carolina or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of North Carolina. Any action seeking legal or equitable relief arising out of or relating to the auction or these Official Rules shall be brought only in the courts of the State of North Carolina. Participants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
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