General Rules

1. By participating in the Star Tribune 5 Day Drive Away online event, you acknowledge that you have read, understand and accept these rules. The Star Tribune Company (hereinafter referred to as "the publisher") reserves the right to update and change these rules from time to time.
   
   
2. The publisher provides the Star Tribune 5 Day Drive Away auction-style online event as a venue for sellers to advertise and promote items for you to bid on. The publisher is not involved in any transaction entered into through the online event. The publisher is not involved in the buying, selling, exchanging or dealing of items in the online event, nor is the publisher soliciting orders on behalf of the sellers. The publisher charges no fee to buyers who purchase items from vendors who participate in the online event.
   
   
3. The goods and services offered through the Star Tribune 5 Day Drive Away online event are provided by the participating businesses on an "as is" basis. The publisher makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods and services offered through the online event, including without limitation:
   • implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
   • any implied warranty arising from course of dealing or usage of trade;
   • any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of CityXpress or the publisher.
     
     
4. All items in the Star Tribune 5 Day Drive Away online event are brand new or pre-owned, and come with applicable warranties, as determined by the seller. The publisher is not the vendor of the items and assumes no responsibility for the items in any respect. The respective sellers of each item are solely responsible for descriptions in the online event and the condition, estimates, authenticity, title, representations as to price, and all other matters relating to the offer and sale of the items.
   
   
5. Most items in the Star Tribune 5 Day Drive Away online event may be viewed at the respective seller's place of business as indicated in the online event catalog (published in the Star Tribune newspaper (the "newspaper") and on the website). Bidders are urged to view items on which they intend to bid prior to bidding. As with any transaction, it is the bidder’s responsibility to double-check all product numbers and any other information the bidder receives from the seller to make sure that the information the bidder receives pertains to the actual item the bidder is bidding on. The publisher is not responsible for checking to make sure that the information a bidder receives from a seller (whether at the seller’s place of business, on the seller’s website or elsewhere) is accurate or pertains to the item the bidder is bidding on.
   
   
6. The Star Tribune 5 Day Drive Away online event is open to any person who resides in Minnesota and is at least 18 years old (or older in the case of certain age-restricted products). Employees of CityXpress and the publisher are not eligible to participate. Employees of participating businesses may bid, but not on items that are provided by their respective businesses.
   
   
7. You are prohibited from using any method, mechanism, device or software to affect the proper functioning of the online event and the website. The publisher may, at its sole discretion and without notice, terminate the right of any participant in the online event or user of the website to participate in the online event or use the website.
   
   
8. All content in the Star Tribune 5 Day Drive Away online event catalog and on the website is the property of the publisher or the sellers. The publisher grants a limited license to each user of the website to make personal use only of the website itself. Any other use, including reproduction, modification, distribution, transmission, or display of the content on the website is strictly prohibited.
   
   

Top

9. The Star Tribune 5 Day Drive Away online event is governed by and construed in accordance with the laws of the state of Minnesota and the laws of the United States of America as applicable therein. You agree to comply with all applicable laws, statutes and regulations regarding participation in the online event and use of the website.
   
   
10. The publisher reserves the right, at its sole discretion and without notice, to extend, terminate, or modify the online event at any time for any reason.
    
    

Bidding Rules

13. The online event commences on on Monday, June 22, 2009 at 9:00 a.m., and ends on Friday, June 26, 2009 at 5:00 p.m. (the "bidding period"). Starting and ending time is determined by the online event website clock. Bids will be accepted during the bidding period only. (NOTE: The publisher reserves the right, at its sole discretion and without notice, to extend, terminate or modify the online event at any time for any reason.)
    
    
14. During the bidding period, bids may be placed online 24 hours per day at StarTribune.com/5daydriveaway (the "website") from Monday, June 22 - Friday, June 26, 2009. If you have questions about the online event that are not addressed in the printed materials or online, email 5daydriveaway@startribune.com or call 1-800-745-7488 ("the online event toll-free number") or 612-673-7227 between 8:30am - 5:30pm, daily .
    
    
15. The committee that oversees the online event (the "Bidder Trust Committee") will set a Starting Bid for each item. The Starting Bid is the minimum amount required to participate in the bidding for that item. The Starting Bid may be lower than the Reserve Value. If someone bids the Starting Bid for an item but no one’s bid equals or exceeds the Reserve Value, the item will not be sold.
    
    
16. Each item has a Reserve Value, which is the minimum amount that needs to be bid in order for the item or service to be sold. If, at the end of the bidding period, no one’s bid equals or exceeds the Reserve Value, the item will not be sold. The Reserve Value for each item is lower than the ordinary selling price of the item, and is determined by the seller. The Reserve Values are fixed values that have been set by the Bidder Trust Committee and will not be altered after bidding is under way.
    
    
17. Each item has a Reserve Status, which indicates one of two values:
    • Reserve not met. The amount of the highest Maximum Secret Bid is less than the Reserve Value (in which case the item will not sell).
    • Reserve met. he amount of the highest Maximum Secret Bid is at least as much as the Reserve Value (in which case the item will be sold to the highest bidder).
      
      

Top

18. The 5 Day Drive Away online event operates under a proxy bidding system. Under proxy bidding, you tell the Bidder Trust Committee the maximum amount you are willing to bid for an item. This is your Maximum Secret Bid and is known only by you and the Bidder Trust Committee. You should be sure of your Maximum Secret Bid prior to submission. The Maximum Secret Bid that you submit may not necessarily be the price you pay if you are the successful bidder - you may pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price (plus any applicable transaction taxes) if it is the final highest bid. (The term, "applicable transaction taxes" refers to any federal, state and/or local (including but not limited to city and/or county) sales, use and/or transaction taxes applicable to a given sale.)
    
    
19. If your Maximum Secret Bid is the first bid on an item, it must be at least as much as the Starting Bid for the item. If previous bids have been placed on all available quantities of the item, then your Maximum Secret Bid must exceed the current leading bid on that item by at least the minimum increment for that item (NOTE: the increment is $100). For example, if the current leading bid is $9,000 on a $20,000 item with an available quantity of one, then your Maximum Secret Bid must be at least $9,100.
    
    
20. Based on your Maximum Secret Bid, the Bidder Trust Committee will place bids on your behalf at the lowest amount possible to make you the high bidder for the item. For example, if yours is the first bid on an item, the Bidder Trust Committee will place a bid on your behalf equal to the Starting Bid for that item, or if your Maximum Secret Bid is greater than the Reserve Price of the item, the Bidder Trust Committee will place a bid equal to the Reserve Price (and declare Reserve Met).
    
    
21. If another bidder places a Maximum Secret Bid on an item for which you have placed a bid, and your Maximum Secret Bid on that item is higher than the other bidder's Maximum Secret Bid, the Bidder Trust Committee will automatically place a bid on your behalf that is $100 more than the current leading bid, to ensure you remain the leading bidder. The Bidder Trust Committee will continue bidding in this fashion until one of three things happens:
    • No other bids are higher than yours,
    • Your Maximum Secret Bid is reached, or
    • You are declared the highest bidder at the end of the bidding period.

Top

22. It is your responsibility to monitor the outcome and status of your bids on the online event website and, in the event that you are outbid by another bidder with a higher Maximum Secret Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Secret Bid, you must submit a new Maximum Secret Bid in order to continue your bidding on that item. If you submit a new Maximum Secret Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least $100 more than the current leading bid on the item, and the quantity must be the same as or greater than the highest quantity in any of your previous Maximum Secret Bids on that item.
    
    
23. If your Maximum Secret Bid is exactly the same as another bidder's previously-placed Maximum Secret Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
    
    
24. If an item is available with a quantity of greater than one, you may place a bid on more than one of that item (your Bid Quantity). For example, for an item that is available with a quantity of three, you may bid on one, two or all three of that item. The quantity allocated to you by your bid may be as much as your Bid Quantity or may be less (but never more). Your allocated quantity depends on whether there are previous bids by other bidders at the same amount, subsequent bids at higher amounts, and the Bid Quantity of each bidder. The quantity allocated to you may also change over the course of the online event as subsequent bids are received, if those bids are higher than yours.
    
    
25. In the event of a dispute between bidders or between bidders and the Bidder Trust Committee, or in the event of doubt or dispute as to the validity of any bid, the Bidder Trust Committee will have the discretion to determine the successful bidder. All decisions by the Bidder Trust Committee are final and binding.
    
    
26. The publisher is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder's ability to participate in the online event. Proof of sending will not be proof of receipt by the publisher. The publisher is not responsible for any online, long distance telephone, or other charges you may incur in connection with participating in the online event.
    
    
27. During and after the bidding period, you may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These emails are for informational purposes only. Their transmission or omission does not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the online event system, as represented on the online event website, constitutes the true bid record, as used by the Bidder Trust Committee to determine the winning bidder at the close of the bidding period.
    
    
28. In order to bid on certain items, you must enter your credit card number as an expression of your interest in the item. When this occurs, your credit card is authorized with a $1.00 transaction. This is not a charge, only an authorization. You will only be required to do this once in the online event. Your credit card information is not retained after your bid has been placed.
    
    

Top

Payment Rules

29. At the close of the bidding period, the Bidder Trust Committee will determine the winning bidder ("the buyer") for each item and will contact that bidder by email and/or phone within five days to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by the Bidder Trust Committee. If a buyer cannot be contacted, or if payment is not received in full, within three days of contact first being initiated, the Bidder Trust Committee reserves the right to disqualify that buyer and declare as the buyer the next highest bidder whose bid meets the reserve price on the item. As the new buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within two days of notification being initiated by the Bidder Trust Committee. If a buyer cannot be contacted, or if payment is not received in full, within two days of contact first being initiated, the Bidder Trust Committee reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.
    
    
30. Total Purchase Price; Taxes and Certain Fees/Surcharges NOT Included.
    a. For each winning bidder:
    
    
    Total Purchase Price = That Bidder's Leading Bid X The Quantity Allocated to that Bidder
    
    
    b. If the highest bidder is disqualified, the next highest bidder is the winning bidder, in which case:
    
    
    Total Purchase Price = That Bidder's Maximum Secret Bid X The Quantity Allocated to that Bidder
    
    
    c. NOTE: Some items or services may be subject to additional fees/surcharges, each of which shall be the responsibility of the winning bidder. In addition, each winning bidder is responsible for paying all applicable transaction taxes required by law to be collected and remitted.
    
    
    
31. How Total Purchase Price Plus Taxes are Collected from Buyer.
    
    
    Buyer pays Total Purchase Price and all applicable taxes (and any required additional fees/surcharges) directly to the seller
    
    
    



32. It is the seller's and the buyer's responsibility to obtain any applicable or necessary licenses, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.
    
    
33. The buyer is responsible for making all payment, delivery and/or pick-up arrangements directly with the seller. Delivery may incur additional charges above and beyond the total purchase price. All delivery charges are to be negotiated separately between the buyer and the seller. All sales are final.
    
    
34. If you participate in the 5 Day Drive Away online event and are determined to be the buyer but fail to comply with these rules, including the obligation to make full payment of the total purchase price within the time limits and terms set out herein, then, in addition to other remedies available to the publisher and the seller, you agree that you not only will remain obligated for your leading bid amount, you also will be responsible for an additional 20% of the leading bid amount, and you will be obligated to pay all attorney's fees and costs incurred to enforce payment of these amounts. The publisher or the seller may also cancel the sale and re-offer the item or sell it privately and hold the buyer liable for any costs or losses associated therewith.
    
    
35. Seller and Buyer Responsible for Paying Taxes to Taxing Authority. It is the seller's and the buyer's responsibility to ensure that all taxes that apply to the items or transactions are collected, reported and remitted to the appropriate tax authority. During collection of the winning bid payment, or upon receipt of the Item Certificate, the seller of the item will separately bill or invoice the sales/use tax due on the sale, upon shipment of the item, for delivery to those states in which the vendor is registered to collect such tax; and for those states in which the vendor is not registered to collect such sales/use tax (and as a result does not separately bill or invoice the buyer for such tax), it is the buyer's responsibility to remit the amount of sales/use tax due directly to the appropriate taxing jurisdiction.
    
    
36. NOTE: CONSENT TO RECEIVE CALLS. By registering, you specifically give your consent to be contacted (by phone, fax, email, mail and any other medium now known or hereafter developed) by the publisher, CityXpress Corp. or any vendor regarding the 5 Day Drive Away online event and/or each item on which you have placed (or may have placed) a bid, regardless of whether you are listed on any state or federal "do not call" list or the "do not call" list of the publisher, CityXpress Corp. or any such vendor. If you do not want to consent to such contact, you should not participate in the online event.
    
    
37. RELEASE OF PUBLISHER. By registering, you specifically acknowledge, with respect to each transaction you enter into through the 5 Day Drive Away online event: (i) that the publisher is not the seller in the transaction; and (ii) that, upon your receipt of notification that you are the winning bidder for the item, you thereby release the publisher from any and all liability with respect to any and all past, present and future claims you may have regarding the item and the transaction, including but not limited to any claims regarding the quality or description of the item.
    
    

Top