ID. BUZZ AUCTION
OFFICIAL AUCTION TERMS AND CONDITIONS
1. DATES:
The ID. Buzz Virtual Auction (the “Auction”) begins on October 30, 2024 at 8:30 p.m. Eastern Time (“ET”) and ends on November 13, 2024 at 12:00 p.m. ET (the “Auction Period”).
2. AUCTION PARTIES AND ELIGIBILITY:
The Auction sponsor is Volkswagen Group Canada Inc. (the “Sponsor”). The Auction Item (defined below) is being provided by Campfire Circle and all proceeds received from the Auction’s Successful Bid (defined below) will go to Campfire Circle. For more information about Campfire Circle, visit: https://campfirecircle.org/.
The Auction is open only to participation by individuals who are legal residents of Canada and who have reached the legal age of majority in their province/territory of residence at the time of participation. Employees, representatives and agents (and those with whom such persons are living, whether related or not, and members of such persons’ immediate family) of the Sponsor, Volkswagen dealers, Campfire Circle or Givergy (only to the extent that such Campfire Circle or Givergy or employee, representative and/or agent is directly involved in the administration of the Auction – as determined by the Sponsor in its sole discretion), and each of their respective parent companies, subsidiaries, affiliates, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Auction (collectively, the “Auction Parties”) are not eligible to participate in the Auction.
3. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in the Auction, each participant is signifying their agreement that they have read and agree to be legally bound by these Official Auction Terms and Conditions (the “Terms”).
4. HOW TO PARTICIPATE:
To participate in the Auction, during the Auction Period visit the website located at https://can.givergy.com/BidOnTheBuzz/ (the “Website”) and follow all on-screen instructions to fully complete and submit an Auction bid (a “Bid”).
The minimum Bid amount for the Auction is $86,495 CAD (the “Minimum Bid Amount”). All Bids must be submitted in increments of $100 CAD, or any amount higher (the “Bidding Increment”). Throughout the Auction Period, the current highest Bid will be disclosed on the Website.
To be eligible, a Bid submission (a “Bid Submission”) must: (i) include a Bid amount that is at or above the Minimum Bid Amount in Canadian funds; (ii) comply with the Bidding Increment requirements set out above;; (iii) include the applicable participant’s full name, ten digit telephone number, valid email address, and confirmation that the participant meets the eligibility requirements set out above; and, (iv) be submitted and received during the Auction Period and otherwise be in full compliance with these Terms (all as determined by the Sponsor, in its sole and absolute discretion). IMPORTANT NOTE: Bid Submissions are irrevocable. Once a Bid Submission has been submitted, it cannot be modified or retracted.
5. BID LIMIT AND CONDITIONS:
There are no limits to the number of eligible Bid Submissions (and corresponding Bid) that an eligible individual may submit during the Auction Period. Each Bid Submission (and corresponding Bid) may only be submitted by one (1) eligible individual.
If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any participant has attempted to: (i) exceed any of the limits stated in these Terms; (ii) use multiple names, identities, e-mail addresses, and/or use any automated, macro, script, robotic or other system(s) or program(s) to participate fraudulently in or to disrupt the Auction; and/or (iii) disrupt or participate in the Auction in any other fraudulent or misleading way, then the participant may be disqualified from the Auction in the sole and absolute discretion of the Sponsor. The Auction Parties and each of their respective agents, employees, representatives, shareholders, board members, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete, ineligible or incompatible Bids, Bid Submissions, and/or any other Auction-related information (collectively, “Auction-Related Information”), all of which are void.
All Bids shall be deemed to be submitted by the authorized account holder of the email address used to complete the corresponding Bid Submission. “Authorized account holder” is defined as the natural person to whom an e-mail address is assigned by an Internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A participant may be required to provide proof (in a form acceptable to the Sponsor) that they are the authorized account holder of the e-mail address in question.
A Bid Submission (and corresponding Bid) may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Bid Submission (including, but not limited to, the associated Bid) is not submitted and received in accordance with these Terms during the Auction Period; and/or (ii) the Bid Submission (including, but not limited to, the associated Bid) is not otherwise in compliance with these Terms (all as determined by the Sponsor in its sole and absolute discretion). For certainty, late, lost, misdirected, delayed, incomplete, ineligible or incompatible Bid Submissions are ineligible.
6. VERIFICATION:
All Auction-Related Information and participants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying a participant’s eligibility to participate in this Auction; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Auction-Related Information and/or other information entered (or purportedly entered) for the purposes of this Auction; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Auction in accordance with the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification of the participant (and their Auction-Related Information – including, without limitation, their applicable Bid(s)) in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Auction will be the official time-keeping device(s) used by the Sponsor.
7. PARTICIPATION REQUIREMENTS:
BY PARTICIPATING IN THIS AUCTION, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE AUCTION AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE AUCTION. BY PARTICIPATING IN THIS AUCTION, YOU ALSO AGREE THAT YOUR BID SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, YOUR BID) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR BID SUBMISSION (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, YOUR BID); (II) PARTICIPATION IN ANY AUCTION-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE SUCCESSFUL BIDDER, THE AUCTION ITEM (INCLUDING ANY USE OR MISUSE OF THE AUCTION ITEM). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE AUCTION AND/OR TRANSFER OF THE AUCTION ITEM.
By participating in the Auction, each participant hereby warrants and represents that any Auction-related Information they submit does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Bid Submissions. Any Bid Submission (and each component thereof, including without limitation, the corresponding Bid) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Bid Submission (or any part thereof, including without limitation, the corresponding Bid) from the Website and/or to request a participant to modify, edit and/or re-submit their Bid Submission (or any part thereof, including without limitation, the corresponding Bid) in order to ensure that the Bid Submission and corresponding Bid comply with the letter and spirit of these Terms. If such an action is necessary at any point during or after the Auction, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Bid Submission (or any part thereof, including without limitation, the corresponding Bid or the corresponding participant) – to help ensure that the Auction is being conducted in accordance with the letter and spirit of these Terms.
8. AUCTION ITEM:
There is one (1) item available for purchase in the Auction, consisting of a 2025 ID. Buzz 1st Edition 4MOTION® AWD 6-seater vehicle featuring a Candy White/Cabana Blue exterior and a Cognac interior, 6 seat capacity, and an Electronically Dimmable Panoramic Fixed Glass Roof Package. This vehicle will not be capable of towing or include a heat pump (the “Auction Item”). The approximate retail value of the vehicle portion of the Auction Item is $86,495 CAD (the “ARV” based on Ontario selling price). Auction Item also includes one (1) ID. Buzz branded prize package including one (1) ID. Buzz branded standup paddle board, two (2) ID. Buzz branded ParkIT camping chairs and exclusive Volkswagen Collection ID. Buzz merchandise (merchandise is determined in Volkswagen Canada’s sole discretion) (ARV of the prize package portion of the Auction Item is $1,697 CAD). Total Auction Item ARV is $88,192 CAD.
IMPORTANT NOTE: Provincial sales tax is not included in the Successful Bid (defined below). Applicable tax is payable in addition to the Successful Bid and is the sole responsibility of the Successful Bidder to pay this as set out below.
IMPORTANT NOTE: By completing a Bid Submission, each participant acknowledges that their Bid is not related to or limited by the ARV of the Auction Item. Notwithstanding the foregoing, by completing a Bid Submission, each participant understands, acknowledges and agrees that if they are determined to be the Successful Bidder, the participant will only be eligible to receive a donation receipt for income tax purposesif their Successful Bid is valued more than twenty-five percent (25%) over the ARV set out above, and, in such event the donation receipt shall only be for the amount that is the difference between their Successful Bid amount and the ARV set out above.
Without limiting any of the foregoing, the following general terms and conditions apply to the Auction Item: (i) colour, trim package and other specifics of the Auction Item will be at the sole and absolute discretion of the Sponsor; (ii) the Successful Bidder will be required to personally take delivery of the Auction Item from a location as determined by Sponsor, in its sole and absolute discretion (the “Location”), will be required to present adequate personal identification (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) prior to taking delivery, and will be required to fulfill all steps necessary to complete the sale of the vehicle and vehicle registration in order to confirm the Successful Bidder’s full ownership and registration of the Auction Item; (iii) Auction Item will not be released unless and until the Successful Bidder first shows proof (in a form acceptable to the Sponsor) of having a valid driver’s license (equivalent to a full “G” class license in Ontario) in the province in which they reside and proof (in a form acceptable to the Sponsor) of being insured; (iv) the Successful Bidder is solely responsible for the payment of all taxes, customs duties and fees applicable to the purchase of the Auction Item that are applicable to their Successful Bid amount, including without limitation, the payment of all applicable tax (without limitation, GST/HST/QST/PST, as applicable and as may be payable directly or indirectly to a government authority or Volkswagen dealership , vehicle license fees, insurance and registration fees, fees to obtain a valid driver’s license, and any other applicable fees associated with the purchase, transferring title to, and taking possession of the Auction Item; (v) upon accepting the Auction Item, the Successful Bidder shall be solely responsible for all costs and expenses that are associated with ownership and use of the Auction Item, including, but not limited to, costs and expenses associated with vehicle maintenance, tolls, tickets, fluids, and damage not covered by insurance; (vi) Auction Item must be accepted “as-is” and in the condition that it is in at the time of the Auction, without any warranty, express or implied, by Sponsor nor any of the other Released Parties, including but not limited to, any warranty of fitness for a particular purpose or merchantability; (vii) the Successful Bidder of the Auction Item agrees not to sell, distribute, assign, subrogate, or in any other way, transfer the Auction Item to any other party until the Successful Bidder has taken full ownership and delivery of the Auction Item in accordance with these Terms (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (viii) by accepting the Auction Item, the Successful Bidder agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Auction Item or a component thereof does not prove satisfactory, either in whole or in part; (ix) manufacturer’s standard warranty, as applicable, applies to the Auction Item; (x) to the fullest extent permitted by applicable law, the Successful Bidder understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should the Auction Item in any way be unsatisfactory – for greater certainty and the avoidance of any doubt, by accepting the Auction Item, the Successful Bidder agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Auction Item or a component thereof does not prove satisfactory, either in whole or in part; (xi) Sponsor and all other Released Parties expressly disclaim the accuracy or completeness of any and all information provided in the Auction regarding the Auction Item, whether provided in written, verbal, or digital form – such information is for convenience only and it is the Successful Bidder’s sole responsibility to ascertain, confirm, research, inspect, and/or investigate the Auction Item and any and all Auction Item information available; the Auction Parties are not responsible for defects, errors, or omissions related to any motor vehicle registration authority or vehicle transfer documentation that is not processed by an Auction Party, or made by any motor vehicle registration authority, tax department or other governmental entity.
9. SUCCESSFUL BIDDER SELECTION PROCESS:
At the close of the Auction Period, the eligible participant that submitted the highest Bid, from among all eligible Bid Submissions and corresponding Bids submitted and received during the Auction Period (the “Successful Bid”), will be eligible to receive the Auction Item for the Successful Bid amount (the “Successful Bidder”). In order to receive the Auction Item and be confirmed as the Successful Bidder, the eligible Successful Bidder is subject to the verification, notification, and confirmation procedures set out in these Terms, including but not limited to as set out under Section 10 and 11.
10. SUCCESSFUL BIDDER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the Successful Bidder within two (2) business days of the close of the Auction Period via email or phone call (the “Notification”) . The Successful Bidder is solely responsible for ensuring they are able to receive such notification messages, monitoring for such notification messages and following all instructions contained in such notification messages.
11. SUCCESSFUL BIDDER CONFIRMATION PROCESS:
NO ONE IS THE CONFIRMED SUCCESSFUL BIDDER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE SUCCESSFUL BIDDER IN ACCORDANCE WITH THESE TERMS. Before being declared THE CONFIRMED SUCCESSFUL BIDDER, the participant that submitted the Successful Bid will be required to: (a) sign and return within the timeline specified the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Terms; (ii) acknowledges acceptance of the Auction Item (as provided); (iii) releases the Released Parties from any and all liability in connection with this Auction, their participation therein and/or the transfer and use/misuse of the Auction Item or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from their participation in this Auction and/or the transfer and use/misuse of the Auction Item or any portion thereof; and (v) agrees to the publication, reproduction and/or other use of their name, country, province/territory and city/town of residence, voice, statements about the Auction, Auction Item and/or Sponsor, and/or photograph or any other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in perpetuity throughout the world in any manner or medium whatsoever, including print, broadcast or the internet; (b) place a $5,000 CAD non-refundable deposit (the “Deposit”) towards the purchase of the Auction Item for the price outlined in their Successful Bid (following all instructions provided by the Sponsor) within forty-eight (48) hours of receipt of the Notification; and (c) promptly complete the purchase of the Auction Item for the remaining amount outlined in their Successful Bid (following all instructions provided by the Sponsor and outlined below) within forty-five (45) days of receipt of Notification.
The Successful Bidder shall make all payments in accordance with these Terms. Payment of the Deposit shall be made to Campfire Circle within forty-eight (48) hours of receipt of Notification. The remaining Successful Bid amount shall be required with forty-five (45) days of Notification. Payment of the Deposit shall be paid to Campfire Circle by credit card using the secured link provided in the Notification. Payment of the remaining Successful Bid amount shall be in the form of money order, wire transfer, or certified cheque and paid to Campfire Circle within forty-five days of Notification. Payment must be in Canadian funds. All applicable sales tax is payable to and/or collectible by the local Volkswagen electric vehicle dealer. Local Volkswagen electric vehicle dealer shall be determined by the Sponsor in its sole discretion once the Successful Bidder has placed the Deposit).
If, for whatever reason, the eligible Successful Bidder: (a) fails to remit payment in accordance with these Terms for the total Successful Bid amount and any additional applicable fees payable and or fails to remit the Deposit within forty-eight (48) hours; (b) cannot be contacted as set out set out above, or if there is a return of a notification as undeliverable; (c) fails to return the properly executed Auction document(s), as required by these Terms, within the specified time; (d) cannot accept (or is unwilling to accept) the Auction Item for any reason; and/or (e) is determined to be in violation of these Terms (all as determined by the Sponsor in its sole and absolute discretion); then they may be disqualified and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate Successful Bid and Successful Bidder in accordance with the procedure outlined above (based on the next highest Bid submitted and received), with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected Successful Bidder) and the disqualified participant: (i) will forfeit all rights to the Auction Item and any money already paid to Campfire Circle; and (ii) is responsible for any deficiency and all costs associated with selecting an alternate eligible Successful Bidder. The Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
The provisions and procedures referred to above relating to selection, notification and confirmation of the eligible Successful Bidder shall be applied, with the necessary amendments, until a confirmed Successful Bidder has been duly determined, but in any event, no later than December 31, 2024.
12. GENERAL CONDITIONS:
This Auction is subject to all applicable federal, provincial/territorial and municipal laws. Auction is void where prohibited. The decisions of the Sponsor with respect to all aspects of this Auction, including without limitation the eligibility of participants or any Auction-Related Information, are final and binding on all entrants without right of appeal.
ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
All Auction-Related Information becomes the property of the Sponsor. The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Auction; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Auction-Related Information, Successful Bidder notification message and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Auction; (v) anyone being incorrectly and/or mistakenly identified as the confirmed Successful Bidder or eligible Successful Bidder; and/or (vi) any combination of the above.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend the Auction (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Auction as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Auction in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the Auction, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Auction mechanics stipulated in these Terms, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance of any entrants, Auction-Related Information and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Auction as contemplated in these Terms, or for any other reason.
By entering this Auction, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Auction and in accordance with the Sponsor’s privacy policy (available at: https://www.vw.ca/en/privacy-policy.html). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Auction-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of the Sponsor, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, the Sponsor or any of the other the Released Parties in connection with the Auction will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law Terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to the Auction.