These Terms and Conditions (“Terms”) govern participation in The Great Freewrite Séance: A Ghost'ly Charity Auction (“Auction”), organized by Freewrite (“Organizer,” “we,” “us,” or “our”). By registering for, bidding in, or otherwise participating in the Auction, you (“Participant,” “Bidder,” or “Winner”) agree to be bound by these Terms.
1. Auction Overview
1.1. The Auction offers for sale a limited number of Freewrite Traveler Ghost Edition units (“Items” or “Ghost Traveler units”), each personally signed and drawn on by a featured author.
1.2. All proceeds, net of explicitly disclosed administrative costs, will be donated to the charity or charitable initiative (“Charity”) identified on each auction item’s page, as chosen by the respective author.
2. Eligibility
2.1. Participants must be at least 18 years old or the age of majority in their jurisdiction, whichever is higher.
2.2. Employees of Freewrite, the participating authors, or any affiliates directly involved in the Auction are not eligible to bid.
2.3. By participating, you represent that you are legally permitted to take part in online auctions and to pay for any bids you win.
3. Auction Registration
3.1. Participants must create an account on the auction platform or otherwise register using accurate, current, and complete information.
3.2. Freewrite reserves the right to verify identity and to disqualify any Participant who provides false or misleading information.
4. Bidding Rules
4.1. All bids are binding, final, and non-retractable.
4.2. Bidders are responsible for monitoring their bids; Freewrite is not liable for missed notifications or technical issues on the auction platform or the Participant’s device.
4.3. Freewrite reserves the right to:
- set minimum bids or bid increments;
- reject bids deemed in bad faith or intended to disrupt the Auction;
- extend, pause, or cancel the Auction in case of technical difficulties, fraud, or events beyond reasonable control.
5. Winning Bids and Payment
5.1. The highest valid bid at the close of the Auction is the Winning Bid, and the corresponding Participant becomes the Winner.
5.2. Winners will receive payment instructions and must complete payment within 48 hours of the auction’s close unless otherwise stated.
5.3. Failure to complete payment on time may result in forfeiture, and Freewrite may offer the Item to the next highest bidder.
5.4. Accepted payment methods will be listed on the Auction platform. All payments must be made in the currency specified.
6. Item Description and Condition
6.1. Each Ghost Traveler unit is authentic, and the signatures, doodles, and messages are original works created by the participating author. These are authors, not artists. By bidding on the Item, you acknowledge that you are receiving a one-of-a-kind unit marked with unique art and messages and you agree to these terms and conditions.
6.2. Because Items are customized and signed by hand, variations, imperfections, or unique marks are to be expected. These are considered part of the Item’s character and not defects.
6.3. Items are provided “as-is” and “as-available.” Freewrite makes no warranties of merchantability or fitness for a particular purpose.
7. Shipping & Delivery
7.1. Shipping costs, import duties, and taxes may apply unless explicitly stated otherwise.
7.2. Freewrite will make reasonable efforts to ship Items within the estimated timeline but cannot guarantee delivery dates.
7.3. Title and risk of loss transfer to the Winner upon delivery to the carrier.
7.4. Freewrite is not responsible for delays, damage, or loss caused by the courier or customs agencies.
8. Charity Donation
8.1. Net proceeds from the Auction will be donated to the Charity designated on each Item page.
8.2. Donation amounts and recipients may be disclosed publicly unless prohibited by law.
8.3. Winners acknowledge that they are purchasing Items, not making a tax-deductible donation to Freewrite; therefore, Winners will not receive charitable tax receipts unless Freewrite explicitly states otherwise in compliance with applicable laws.
9. Intellectual Property
9.1. All trademarks, brand names, product names, and creative materials associated with Freewrite and the Ghost Traveler remain the exclusive property of Freewrite or their respective rights holders.
9.2. Participants may not reproduce, distribute, or publicly display the authors’ doodles without permission where such rights are applicable, except as allowed by law (e.g., resale of the physical Item).
10. Privacy
10.1. By participating, you consent to Freewrite’s collection, use, and storage of your personal data in accordance with our Privacy Policy.
10.2. Freewrite may publicly announce auction results, including Winner’s first name, last initial, city, state/country, and winning bid amount unless prohibited by law or unless you formally request anonymity when possible.
11. Prohibited Conduct
Participants may not:
- engage in bid manipulation, fraud, or collusive bidding;
- use automated systems (bots, scripts, scrapers) to place or monitor bids;
- interfere with the Auction, platform, or other participants
Freewrite may ban or disqualify any Participant violating these rules.
12. Limitation of Liability
To the fullest extent permitted by law:
12.1. Freewrite is not liable for indirect, incidental, special, or consequential damages arising from the Auction or purchase of Items.
12.2. Freewrite’s total liability in connection with these Terms shall not exceed the amount of the Winning Bid actually paid by the Participant.
12.3. Freewrite is not responsible for technical malfunctions, internet outages, system failures, or other issues beyond its control.
13. Cancellation and Force Majeure
Freewrite may cancel, postpone, or modify the Auction due to unforeseen circumstances, including but not limited to natural disasters, system failures, strikes, or events affecting participating authors or the Charity.
14. Governing Law & Dispute Resolution
14.1. These Terms are governed by the laws of Michigan, without regard to conflict-of-law rules.
14.2. Any disputes arising under these Terms will be resolved through binding arbitration or the courts of the specified jurisdiction, as applicable.
14.3. Participants waive any right to participate in class-action lawsuits relating to the Auction.
15. Amendments
Freewrite may update these Terms at any time. Continued participation in the Auction after updates constitutes acceptance of the revised Terms.
16. Contact Information
For questions or concerns regarding the Auction or these Terms, contact: hello@getfreewrite.com.
