Terms and Conditions Applicable to Auctions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE PARTICIPATING IN AN AUCTION (EACH AN “Auction”). anyone accessing this website or bidding in an auction agrees to be bound by the following terms and conditions, as well as our Privacy Policy and Terms of Use (COLLECTIVELY the “Terms and Conditions”). THIS AUCTION IS ORGANIZED BY CLUB DE HOCKEY CANADIEN, INC. (“We” OR “Us” OR “Our”).

  1. Each Auction begins on the date it is posted on this website and ends at a date determined by Us and identified on this website. Auction close times are approximate. We reserve the right to close an Auction earlier or later than the time initially specified or to suspend or cancel an Auction in its entirety for any or no reason.
  2. Anyone submitting a bid on an item or an experience in the course of an Auction (a “Bidder”) must be at least eighteen (18) years of age to participate.
  3. We reserve the right to conduct a background check on the successful Bidder and/or on any successful Bidder’s guests, and reserve the right, in Our sole discretion, to disqualify any successful Bidder or successful Bidder’s guest(s) based on the results of such background check, if We determine, in Our sole discretion, that the sale of an item or experience to such successful Bidder or successful Bidder’s guest(s) might reflect negatively on Us or put Us in danger. We are not obligated to share any specific results of background check with any successful Bidder or successful Bidder’s guests, whether the background check resulted in a disqualification or not.
  4. For each Auction, We shall set the minimum bid, minimum bid increments, reserve prices, extend bidding periods and determine other bidding terms as We deem necessary.
  5. Unless expressly stated otherwise in an Auction’s description, travel and accommodations are excluded.
  6. A Bidder shall place a bid on an item or experience in accordance with the terms identified in the Auction’s description. A Bidder shall place his/her bid by entering valid payment information. The first time a Bidder places a bid for a given item or experience, his/her credit card will be verified and his/her credit card number will be securely stored for any future bids on this item or experience. No amount will be charged to a Bidder’s credit card unless he/she is the successful Bidder.
  7. All sales are made only in exchange for cash in Canadian dollars via credit cards We determine are acceptable.
  8. All bids are inclusive of GST and QST. Notwithstanding the foregoing, the successful Bidder agrees to pay any other applicable taxes and fees in addition to the winning bid amount, as the case may be.
  9. Except as otherwise provided herein and except for the fees payables to the third-party service provider providing the auction platform , one hundred percent (100%) of the proceeds collected through an Auction will go to Centraide of Montreal’s COVID-19 Emergency Fund, which has a main goal of responding to emergency food needs, and will also be used to provide meals, prepared by chefs and restaurant staff at the Bell Centre, to frontline healthcare workers around Montreal (each a “Charitable Initiative”).
  10. No donation receipts will be issued upon the sale to a successful Bidder.
  11. Items and experiences are subject to availability and changes. Where (i) an item becomes unavailable, for any reason, and/or (ii) a third-party becomes unavailable, for any reason, and such third-party’s participation is part of an experience, We reserve the right, at Our sole discretion, to (x) modify or cancel an Auction, (y) rescind a sale, or (z) provide a replacement item or experience, in each case in whole or in part, provided that We will first obtain the successful Bidder’s approval to any replacement item or experience. Without limiting the generality of the foregoing, We may defer any item or experience related to the 2020-21 hockey season to the 2021-22 season if the 2020-21 calendar is impacted by governmental/league directives pertaining to COVID-19.
  12. By bidding on an item or experience, Bidders: (a) agree that they are making an irrevocable binding offer to purchase that, if accepted by Us, will be a legally binding commitment to purchase the item or experience except as may be determined by Us, (b) represent and warrant to Us that if their bid is deemed the winning bid, they will promptly submit payment in full, but in no event later than two (2) business days after the close of the Auction, and otherwise collaborate with Us on the post-bidding process, including, without limitation, as to delivery or background check, (c) will not take any action to manipulate the bidding process and (d) will not bid on any item or experience that violates any law, rule, or regulation to which they are subject.
  13. We must receive payment in full before any item is delivered. Title shall not pass to the successful Bidder until such time. Risk of loss with respect to an item will transfer to the successful Bidder upon transfer of the item to a common carrier or, in the case of pick-up, to the successful Bidder.
  14. In addition to what is provided herein, We reserve the right to rescind a sale or otherwise not deliver an item to a successful Bidder in the event of delayed payment or non-payment, breach of these Terms and Conditions, failed background check or arranging for delivery to successful Bidder or refusal to submit a required form (liability waiver, publicity release, eligibility affidavit, or otherwise). We shall have no obligation to re-auction an item or experience in case of rescission of a sale to a successful Bidder.
  15. Delivery method may vary by item type and location. Because of delays and difficulties associated with COVID-19, We cannot make any commitment as to the exact delivery method or timing of delivery. We assume all costs associated with the delivery of an item to the successful Bidder, but such costs will be deducted from the amount going to a Charitable Initiative.
  16. Failure to submit payment within the time specified herein may result in Us assessing interest or a late fee on the unpaid amount, as well as charging the successful Bidder for the costs of re-auctioning the item or experience. Failure to pay in full also may result in a collection action, in which case the successful Bidder shall pay any collection costs (including Our attorney’s fees).
  17. We do not warrant that access to or use of the website or any related website will be uninterrupted or error-free during an Auction. Bidders or anyone accessing this website release Us, L’Aréna des Canadiens Inc., Evenko G.P. and any of their affiliated companies, the National Hockey League, the American Hockey League and the teams that are a member thereof, the NHL and AHL Players’ Association and their respective employees, managers, directors, administrators, affiliated companies, representatives, parents, professional counsels and promotional and advertising agencies and any third-party participating in an experience (the “Releasees”) of all liability related to or arising from an Auction, including, without limitation, liability related to accepting and using the item or taking part in an experience and/or with respect to the Auction administration, liability for faulty computer components, software, or communication lines, relating to the loss or absence of network communication or relating to any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network that could limit the possibility or prevent any person from participating in an Auction. We may, in Our sole discretion, choose to extend any Auction affected by such events or cancel such Auction. The Releasees are also released of all liability for any damages or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any webpage, software or other or by the transmission of any information related to his/her participation in an Auction. Under no circumstances will the Releasees be liable to any Bidder or person accessing this website for any consequential or punitive damages arising out of an Auction or otherwise.
  18. We disclaim all warranties. Without limiting the generality of the foregoing, an item might not be identical to the pictures used in the advertising and promotional material, including, without limitations, the printed advertisements, websites and digital banners. All items are accepted by the successful Bidder “AS IS” WITHOUT WARRANTY OF ANY KIND, either expressed or implied (including but not limited to implied warranty of merchantability or fitness for a particular purpose).
  19. We reserve the right to disqualify a Bidder or to cancel one or several bids of a person who enters or tries to enter an Auction by using methods that do not comply with these Terms and Conditions or that are unfair to other Bidders.
  20. Any decision made by Us or Our representatives regarding an Auction is final and without appeal.
  21. If a section of these Terms and Conditions is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.
  22. In case of any discrepancy between the French and English versions of these Terms and Conditions, the French version shall prevail.
  23. Anyone accessing this website and/or participating in an Auction agrees to comply with these Terms and Conditions and agrees that Auctions are governed by and construed in accordance exclusively with the laws of the Province of Quebec without regard to its conflicts of law rules regardless of where a person accessing this website or a Bidder lives or from where he/she accesses or uses the Auction.