Sneaker Auction

adidas FORUM Mid XVIBE SNEAKER AUCTION ("Auction")

Online Auction Rules PLEASE READ THIS INFORMATION CAREFULLY

The Auction is being conducted by Vibe Media Group, LLC with offices at 215 Lexington Avenue, 6th Floor, New York, NY 10016 ("Vibe"). The Auction will begin at 12:00 noon ET on Monday September 15, 2008 and will end at 12:00 noon ET on September 26, 2008 in accordance with the terms herein ("Rules"). By participating in the Auction, you acknowledge that you have read, understand and accept these Rules. Vibe reserves the right to update and change these Rules from time to time.

GETTING STARTED

You must complete the following to participate in the Auction.

You must register. You may register by going to http://www.vibe.com/auction ("Site") and enter your contact and personal information. Your personal information is your first and last name, which is required to log into the auction and your date of birth (collectively "Account Information"), which is required to verify that you are at least 18 years of age. Registration is free and does not obligate you to purchase anything unless you place the winning bid. In registering for and using the Site, you agree that you will not use a false or misleading name or give false or misleading information.
You must enter your email address for the bidding process. We use your email address to complete your log in process, to acknowledge your bid and to remind you to come back after 24 hours to submit another bid if you choose to bid again. We will also notify the winner by email. Email is the only way that Vibe has to get in contact with you. If your details have changed since you last placed a bid in the Auction, you must provide Vibe with the updated details. We are not responsible for any loss or damage, including but not limited to emails misdirected to the Winning Bidder's email or misplaced deliveries that may occur because you have not provided us with complete and accurate information. In the event of a dispute concerning the identity of a bidder, the bidder will be determined to be the authorized account holder of the email address from which the bid was submitted. "Authorized account holder" is defined as the person assigned to that email address by the Internet access provider, on-line service provider or other organization responsible for assigning email addresses at the time the entry was submitted.
You may not disclose or share your Account Information to or with any third parties or use your Account Information for any purpose other than that associated with the Auction.
You must read and agree to our Privacy Policy located at www.vibe.com/about/privacy and our Terms of Use at www.vibe.com/about/terms.

ABOUT THE BIDDING PROCESS

You understand that by your participation in the Auction, you are making an offer to buy the adidas Forum Mid autographed sneaker ("Shoe") at the winning bid price ("Winning Bid Amount"). If your bid price is the Winning Bid Amount, you will be deemed the "Winning Bidder" and are obligated to purchase the Shoe and pay Winning Bid Amount.
You may bid on the Shoe once every 24 hours and you must bid a minimum of $25 over the preceding bid in order for your bid to be effective. If two or more bids are entered for the same bid price, the earliest bid time on the Shoe takes precedence.
While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid.
You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes, but is not limited to, employing so-called "Shill Bidding" (using secondary registrations, associates, aliases or secondary email addresses to double bid or to artificially raise the bidding on Shoe. Bidders are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of the Shoe.
The Auction will close at the time stated, unless terminated sooner, which Vibe reserves the right to do for any reason whatsoever. Vibe may do so at our discretion and without warning.
Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions. Please note that additional charges will be added to the Winning Bid Amount, which includes a shipping and handling fee. (collectively the "Invoice Amount").
If you are the Winning Bidder, Vibe will notify you by email and you will be required to pay the Invoice Amount to Vibe within ten (10) days by certified funds or debit or credit cards. Vibe will endeavor to provide this email notice out of courtesy to you to notify you that you placed the Winning Bid Amount and as a reminder to you to pay for the Shoe. Vibe is under no obligation to provide such email and due to problems beyond our control you may not receive such email, however, you are solely responsible for monitoring the status of the Auction and payment of the Invoice Amount.
If you fail to pay the Invoice Amount within ten (10) days, Vibe has the right, without further notification to you, to sell the Shoe to the next highest bidder. Vibe's decision shall be final and binding in all instances.
In the event of errors in processing, fraudulent billing, site downtime or any other errors or delays caused to the Site and/or the Auction as a result of unforeseen technological difficulties associated with our servers, data hosting center, internet service provider or any other reason or should a virus, bug, computer problem or other causes beyond the Sponsors' control corrupt the administration, security or proper play of the Auction, we hereby reserve the right to:

decide (prior to or after the original time set for conclusion of the online auction) to extend the Auction for a period of time (determined at our discretion, in which instance Vibe will retain the bid history from the original auction time);
amend, at any time prior to or during the Auction, the "start price" allocated to the Shoe, but only so as to correct any errors due to processing or technological fault;
void the entire online Auction and open the Auction again at the original or new start prices; and/or
cancel or suspend this Auction with no obligation to declare a Winning Bidder.

BIDDER'S OBLIGATIONS

You may not take any action that might interfere with the operation of the Auction or the Site nor may you use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or the Auction.
You may not forge communications or take any other action which would disguise the origin of the communications transmitted by you in connection with the Auction or the Site which would disguise the origin of the communications transmitted by you to the Auction. You will not interfere with or disrupt networks connected to the Auction, or; use the Site for illegal purposes. You further agree to comply with all regulations, policies and procedures of networks connected to the Auction, including the Terms of Use and Privacy Policy and other rules and regulations which apply by operation of law to the subject matter herein.
ANY ATTEMPT BY ANY BIDDER TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF BIDDER AND SHOULD SUCH AN ATTEMPT BE MADE, VIBE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) AT LAW AND EQUITY FROM ANY SUCH BIDDER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Vibe reserves the right to determine whether or not your conduct is consistent with these Rules, Terms of Use and Privacy Policy. In the event that Vibe reasonably determines that your conduct is inconsistent with these terms and conditions, we reserve the right to suspend and/or terminate your account hereunder.

LIMITS OF LIABILITY AND DISCLAIMERS

BIDDERS HEREBY RELEASE AND HOLD VIBE, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENCIES, ASSIGNS AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE AUCTION ("RELEASEES") HARMLESS FROM AND AGAINST FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, EXPENSES OR INJURIES OF ANY KIND RESULTING IN ANY WAY FROM PARTICIPATION IN THE AUCTION, INCLUDING BUT NOT LIMITED TO, THE USE OF THE SHOE, ANY DELAYED, LOST, MISDIRECTED, OR DAMAGED BIDS, OR ANY COMPUTER, ONLINE SERVICE, COMMUNICATIONS OR OTHER TECHNICAL MALFUNCTIONS THAT MAY OCCUR FROM THE USE OF THE SITE OR IN CONNECTION WITH THE AUCTION AND YOU HEREBY RELEASE THE RELEASEES FROM ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES, AND ANY CLAIM OF NEGLIGENCE OR TORT.
ALL BIDDERS ACKNOWLEDGE THAT THE RELEASEES MAKE NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE SHOE OR THE AUCTION, WHETHER FOR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, DESCRIPTION OR NATURE OF THE SHOE OR OTHERWISE. ALL BIDDERS, BY USING THE SITE OR OTHERWISE PARTICIPATING IN THE AUCTION, AGREE TO BE BOUND BY THE RULES.
You agree to indemnify and hold the Releasees harmless from and against any claim or demand, including legal fees, made by you or any third party claiming by or under you arising out of or in connection with your personal information, your email address, your use of the Site, the Auction, the Rules or any infringement or violation thereof.
To the extent that the Releasees are unable to limit the remedies available under these Rules, we expressly limit our liability to the following remedies: a replacement of the shoe at its normal retail value and/or a full refund of the Invoice Amount. Notwithstanding the foregoing, nothing in these Rules is intended to limit or exclude any liability on our part of any applicable law.

GOVERNING LAW AND CONSTRUCTION

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the bidder and the Auction, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Auction (including these Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the City and County of New York. Bidders hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.