Please take a moment to review the auction rules:
RULES FOR SOUTHERN GLAZER’S INVENTORY REDUCTION AUCTION
By participating in the Southern Glazer’s Inventory Reduction Auction (the “Auction”), you are agreeing to be bound by the following rules, which will constitute a binding agreement (the “Agreement”) between you and Southern Glazer’s Distributors of Arkansas, Inc. (“Glazer”):
- Participants in the Auction must be over the age of 21 years old, the employee or agent of the holder of a permit to purchase the class of alcoholic beverages on which the participant is bidding, and a resident of the state of Arkansas.
- Before a participant may place a bid, he or she must register with the Auction website. All information provided in the registration process must be true and accurate as of the time of registration, and participants are obligated to update their registrations if the registration information becomes inaccurate. The registration information provided must match the permit issued by the Arkansas Alcoholic Beverage Control Board (“ABC”).
- A registered participant is liable for all actions and bids placed through the registered participant’s account regardless of whether authorized by the registered participant. You should treat your account and its password as you would a bank account and PIN. If you believe your account has been compromised, you must contact Glazer immediately.
- By placing a bid, a participant is making a binding, irrevocable offer to purchase the product on which the bid is placed at the price of the bid. If a participant’s bid is the winning bid, then a legal contract has been formed between Glazer and the participant. The participant must consummate the purchase of the product in accordance with the bid, and failure to do so is a breach of contract.
- The winning bidder must take possession of the product bought at the time Glazer delivers the product to the participant’s location as identified on the participant’s permit or makes it available for pick up at the Southern Glazer’s warehouse. Payment for the product is due in accordance with the laws governing sales of alcoholic beverage products in Arkansas.
- If the winning bidder refuses acceptance of the product bought in the Auction, then in addition to all other remedies available to it, Glazer reserves the right to charge the winning bidder a restocking fee and to re-offer the product for sale to others through the Auction or otherwise.
- In the event of a dispute between participants regarding bids, Glazer may resolve the dispute in its sole discretion, and may do so by, among other things, voiding the auction results and re-submitting the disputed product for a new auction.
- All sales on the Auction are final. All product is sold “as is,” with no warranty of any kind. GLAZER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCT OR THE SERVICES, INCLUDING THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by applicable law, Glazer is not liable, and you agree not to hold Glazer responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: Your use of or your inability to use the Auction or Auction site; delays or disruptions in the Auction, the Auction site or in your ability to place a bid in the Auction; viruses or other malicious software obtained by accessing the Auction site; glitches, bugs, errors, or inaccuracies of any kind in the Auction or in the information and graphics obtained from the Auction; the content, actions, or inactions of third parties using the Auction or Auction site.
- You agree that you will not: copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Auction or the Auction site; interfere or attempt to interfere with the proper working of the Auction; use unfair or illegal technological means to place the winning bid on a product in the Auction;
- If any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Southern Glazer’s failure to act with respect to a breach by you or others does not waive Southern Glazer’s right to act with respect to subsequent or similar breaches.
- Glazer may amend this Agreement at any time by posting the amended terms on the Auction site. The right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. This Agreement may not be otherwise amended except in a writing hand signed by you and Glazer. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
- This Agreement sets forth the entire understanding and agreement between Glazer and participants with respect to the subject matter hereof.
- This Agreement, the Auction, and the entire relationship between Glazer and participants in the Auction are governed by Arkansas law. Exclusive venue for any disputes between you and Glazer regarding this Agreement or the Auction, shall be in the federal or state courts located in Little Rock, Arkansas.