BidWacky.com | Lowest Unique Bid, Reverse Auction, Fun and Easy, First 2 Days FREE!

Rules & Regulations
BIDWACKY TERMS AND CONDITIONS

The 10 free practice bids that are awarded to each new member are for demonstration purposes only and are not eligible to win auction items.
	
Welcome to Bidwacky.  By using the Bidwacky services, either by visiting or using the Bidwacky website (www.Bidwacky.com) (the "Website") or registering for or using any Bidwacky products or services available on the Website (the "Services"), you agree to be bound by these terms and conditions (these "Terms and Conditions"), the Bidwacky Privacy Policy (the "Privacy Policy") and the Official Rules of each individual auction (the "Rules").  All of the terms and conditions contained in the Rules and the Privacy Policy are deemed incorporated into these Terms and Conditions by this reference.  In case of a conflict between the Terms and Conditions, Privacy Policy or any Rules, the Terms and Conditions shall govern.

Before you may become a member of Bidwacky, you must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions and the Privacy Policy. 

From time to time, Bidwacky may, in its sole discretion, update or make changes to these Terms and Conditions, the Privacy Policy and the Rules (the "Governing Agreements").  These changes may be made without prior notice and at any time.  You should regularly check the Governing Agreements for any changes.  If you do not agree with any of the terms and conditions of the Governing Agreements, you are not authorized to access or use the Website or any Service, and your sole remedy is to stop accessing and using the Website and the Services.  Use of the Website or Services, including continued participation in the Bidwacky Program, shall automatically be deemed your acceptance of the then-current Governing Agreements, including any updates or changes thereto.

REGISTRATION DATA - If you register for a Service, you shall (i) provide true, accurate, non-misleading, current and complete information ("Registration Data"), (ii) maintain and promptly update the Registration Data to keep it true, accurate, non-misleading current and complete, and (iii) not assign your Account, or rights associated with your Account, to another person or entity.  Bidwacky, in its sole discretion, controls the acceptance of all Account registrations.  Bidwacky may require one or more forms of identification in connection with any Account activation.

If Bidwacky believes in its sole discretion that your Registration Data is untrue, inaccurate, misleading or incomplete, Bidwacky reserves the right to suspend or terminate any Service then being provided to you, as well as your Account.  Bidwacky may also in its sole discretion refuse to provide you with any future use of the Services (or any portion thereof).  Termination or suspension of Service, or refusal of registration, on these or any other grounds, shall not create liability to Bidwacky.  You acknowledge and agree that Bidwacky may rely on the Registration Data to send you information and notices regarding your Account and the Services, as further set forth in the Privacy Policy.  Bidwarcky shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account.  Neither Bidwacky nor any of its third party providers shall be responsible for verifying your Registration Data.  However, Bidwacky reserves the right to request at any time that certain Members provide proof in order to verify the accuracy of information provided by such Members at the time of registration or anytime thereafter.  Failure to provide such proof may result in immediate termination of the Member account without recourse.  Bidwacky may use and is expressly given permission by user to use e-mail to contact you in connection with various aspects of the Services and the Bidwacky Auction Program.

ELIGIBILITY REQUIREMENTS - In order to validly use the Services, you must meet each of the Bidwacky eligibility requirements.  In connection therewith, by your use of the Services, you represent to Bidwacky that you are (i) a legal U.S. resident or a legal resident of a country that is accepted by PayPal to do business; (ii) at least the age of majority in your jurisdiction of residence; and (iii) not barred from receiving Services, including due to laws in your jurisdiction or third party contracts or obligations.  Services are void where prohibited by law.  Access to and use of the Website and the Services are limited to users in countries where PayPal is accepted.  Bidwacky can change auction end dates at it's sole discretion. Participation in Bidwacky Auctions is limited to Members of Bidwacky.  A "Member" is an individual who is legally eligible to use the Service, who has properly completed the registration form and been accepted by Bidwacky and has set up a Subscription with PayPal to be a Member.  In connection with Member registration, the prospective Member may be required to provide their name, address, e-mail address, phone number, and age.  If the user's information changes, it is the user's responsibility to update his or her user information with Bidwacky, as required by the Registration Form.  Members may not (i) activate or use more than one Bidwacky account (an "Account"); (ii) use a false or misleading address or e-mail address to activate or use a Member Account; or (iii) provide false or misleading information to any entity involved in the Bidwacky Program.  A Member may only maintain one individual per PayPal Member Account - no exceptions allowed.  Member Accounts may not be merged.  Each Member will create a user name, which will be a unique identification for the Member.  In addition, each Member will select a password.  Any duplicate or multi-person Member Accounts from the same PayPal account are subject to cancellation, and are considered in violation of these terms and thus cannot win a Bidwacky Auction.

USERNAME AND PASSWORD - As set forth above, upon registering as a Member, you will create a unique user name which shall be your e-mail address and you shall select a password.  Your username (e-mail address) and password will allow you to view and manage your Account.  You acknowledge and agree that Bidwacky may process all Account transactions, including, without limitation, registration for additional Services that are initiated through the use of your username and password.  You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Bidwacky of any unauthorized use of your username and password or any other breach of security.  You shall not allow any other person to use your password or account.  In no event shall Bidwacky be liable for any use or misuse of your username and/or password.  You have total and sole responsibility for any uses or charges associated with your username and password

MEMBERSHIP; TERMINATION - Bidwacky Membership may be terminated or suspended, in the sole discretion of Bidwacky, upon any one or more of the following circumstances (each such termination or suspension being without liability to Bidwarcky): (i) upon the actual or suspected fraud, abuse or breach of the Terms and Conditions by any Member with respect to use of the Services; (ii) the suspension or termination of a Member's PayPal account; and (iii) the actual or suspected manipulation of the Auction System in any way (with such manipulation including, without limitation, a Member having multiple accounts, having multiple Bidwacky accounts from one PayPal Account, having multiple accounts from one address, and creating an account, placing bids and then canceling before the Free Trial expires).  In addition, Bidwacky reserves the right to terminate any Member's account, at any time, for any or no reason.  Upon termination or suspension of any Member's account, such action will void any bids placed and if the auction is won by means of manipulation, the Member will not receive the item and the Member will be subject to fines.  
If manipulation of the system is suspected after the product has already been received, the Member who received the item will be responsible for either returning the item or paying the Full Retail Price of the item to Bidwacky within five (5) business days of notification.  If the item is not returned, or paid in full in such five (5) day period, the matter will be turned over to a collection agency for remedy.  In addition, anyone who is suspected and further proven to be in breach of these Terms and Conditions or has engaged in any type of manipulation will immediately become liable to Bidwacky for the sum of $2,000.  In short, if in Bidwacky's sole discretion, anyone tries to manipulate or cheat the system in any way, they are considered in breach of this contract and will be fined by Bidwacky an amount up to $2,000.  All Members acknowledge and agree that this is a reasonable fine.  Failure to pay the fine will result in the Member being turned over to a collection agency for collection.  Any decision Bidwacky makes relating to termination or suspension of any Member's Account shall be final and binding.
Any Member may terminate their membership at any time.  Members need only to Log In to their Specified PayPal account and cancel the Bidwacky Subscription.
Bidwacky may, in its sole discretion, change, suspend or discontinue any aspect of the Services or the Website at any time without notice, including, without limitation, should events beyond Bidwacky's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, acts of terrorism or acts of war.  Bidwacky may cancel the Bidwacky Auction Program in its entirety, at any time, for any reason, in its sole discretion, without notice.  Product won will be shipped within seven (7) days of the receipt of payment for the validly won auction item (for non-U.S. residents, please allow additional shipping time).  Members are limited to winning two(2) auctions every thirty (30) days.

INTERRUPTION OR DISCONTINUATION OF, OR LIMITS ON, THE SERVICES - Bidwacky reserves the right at any time to modify, suspend, discontinue or permanently cancel the Website or the Services, or portions thereof, without notice to you.  If the Service, or any part thereof, for which you are registered, is permanently discontinued or canceled by Bidwacky, Bidwacky will cancel your registration and reimburse any pre-paid but unused fees, if any, related to such canceled Service.  Without limiting the foregoing, Bidwacky further reserves the right to suspend, terminate, revalue or modify, without liability, or notice, any current or past auction.  Bidwacky reserves the right to limit a Member or other user's use of the Services in its sole discretion.
THE SERVICES - Subject to the terms of the Governing Agreements, you acknowledge and agree that the Website and Services are for your personal use.  You shall not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Website or Services in any manner.  You shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the coding, support or information for the Website or Services in any manner.
FEES - From time to time, based on the sole discretion of Bidwacky, you may be charged fees and other charges (the "Fees") for the use of certain Services for which you are registered.  Such Fees, if any, will be disclosed on the Website or to you prior to your use of a particular Service, and your use of the Service shall constitute your agreement to pay all applicable Fees.  You shall be responsible for any Fees that result from use of the Service from or through your Account, whether or not made by you.  Information on Fees shall be available to you under your Account information.  The Fees shall be due immediately and are non-refundable, unless otherwise indicated to you in writing by Bidwacky.  All Fees are subject to change, and Bidwacky will provide notice of such change in Fees on the Website or to you prior to the new Fees taking effect.  Upon receipt of Bidwacky's notice of a change in Fees, you may immediately cancel your Account.  Continuation of a Service after notice of a change in Fees will constitute your agreement to the new Fees.

INTELLECTUAL PROPERTY RIGHTS - Bidwacky is protected by a Federal trademark. All other trademarks are the property of their respective owners.  Bidwacky's website, graphics and logos are among the copyrights and trade dress rights owned exclusively by Bidwacky.  You may not use any intellectual property rights of Bidwacky without our prior express written permission.

ELECTRONIC COMMUNICATIONS - By accessing and using the Website or registering for or using a Service, you consent to receive communications from Bidwacky electronically.  Although Bidwacky may choose to communicate with you by other means as provided in your Registration Data, Bidwacky may also choose to solely communicate with you electronically by e-mail, instant messenger, or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that Bidwacky sends to you electronically satisfy any legal requirement that such communications be in writing.  Bidwacky is not responsible for emails or other communications not received by the Member.

LINKS, PRODUCTS AND SERVICES - There may be links provided on the Website to other websites belonging to Bidwacky's advertisers, business partners, affiliates and other third parties.  Third parties, in some cases, may also link to the Website.  Such links do not constitute an endorsement by Bidwacky of those websites, nor the products or services made available on those websites.  Bidwacky is not responsible for the activities or policies of those websites.  Bidwacky may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on the Website, which products or services shall be purchased and/or obtained by you directly from such advertisers, business partners, affiliates and other third parties.  You acknowledge and agree that Bidwacky shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS - You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Website and/or the Services.  You shall provide all equipment and software necessary to connect to the Service.  You shall ensure that your equipment and/or software necessary to access and use the Website and the Services does not disturb or interfere with Bidwacky's operations, the Website, the Services or other Members use of the Website or the Services.  If any upgrade in or to the Website or the Service requires changes in your equipment or software, you must effect these changes at your own expense.  Unless explicitly stated in writing by Bidwacky, any new or additional features of the Website or Service, including the release of new products and Services, shall be subject to these Terms and Conditions.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY - THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS.  TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, BIDWACKY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE IN CONNECTION WITH THE WEBSITE OR THE SERVICES.  WITHOUT LIMITING THE FOREGOING, BIDWACKY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL BIDWACKY OR ANY OF ITS OFFICERS, MANAGERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE GOVERNING AGREEMENTS, OR THE LAW; (II) YOUR ACCESS OR USE OF THE WEBSITE OR SERVICES; (III) ANY THIRD PARTY'S ACCESS OR USE OF THE WEBSITE OR SERVICES UNDER YOUR USERNAME (E-MAIL ADDRESS) OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF BIDWACKY'S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF BIDWACKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, BIDWACKY'S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO BIDWACKY FOR USE OF THE WEBSITE AND SERVICES.

Without limiting the foregoing, Bidwacky is not responsible for any damage to any Member's or user's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service.  There is no express or implied guaranteed service level for Bidwacky, and the Website and Services may be interrupted from time to time, and may not always be virus or error-free.  Under no circumstances will Bidwacky be responsible for errors in transmission, lost or unavailable network connections, emails not delivered, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Website or Services.  Some state laws do not allow limitations on certain warranties or damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

INDEMNIFICATION - You agree that you shall defend, indemnify and hold harmless Bidwacky and its officers, managers, owners, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates and other users of the Website or Service from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or related to: (i) any breach or violation of the Governing Agreements or law by you; (ii) your failure to provide accurate, complete, non-misleading and current Registration Data; (iii) your access or use of the Website or Service; (iv) any third party's access or use of the Website or a Service under your username and password; and (v) your use of any prize.

INJUNCTIVE RELIEF - You agree that your breach of the Governing Agreements will result in immediate and irreparable damage to Bidwacky such that Bidwacky could not be adequately compensated by an award of monetary damages, and in the event of any threatened or actual breach, Bidwacky shall be entitled to an injunctive order appropriately restraining and/or prohibiting such breach without the necessity of Bidwacky posting bond or other security.  Pursuit of any remedy by Bidwarcky shall not constitute a waiver of any other right or remedy by Bidwacky under the Governing Agreements or under applicable law. 

GOVERNING LAW, VENUE AND JURISDICTION; ARBITRATION - The Governing Agreements are governed by and shall be construed in accordance with the internal laws of the State of California, without regard for conflicts of laws principles.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  Any civil action, claim, dispute or proceeding arising out of or relating to the Website, the Services, the Auction Program, the Governing Agreements, except for an injunctive action (as discussed above), shall be referred to final and binding arbitration, under the commercial arbitration rules of the American Arbitration Association in Los Angeles County, CA.  Bidwacky at its sole discretion shall select the arbitrators.  Arbitration shall not commence until the party requesting arbitration has deposited Five Thousand Dollars ($5,000.00) with the arbitrators for the arbitrators' fees and costs.  The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.  Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Bidwacky and your and Bidwacky's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for Los Angeles, CA, or the United States District Court located in Los Angeles County.  The jurisdiction and venue for any action brought for purposes of injunctive relief or compelling arbitration or enforcing an arbitration award arising from, under or connected with the Website, the Services, the Auction Program, or any of the Governing Agreements shall be exclusively in the state and/or federal courts in and for Los Angeles County, CA, and each party hereby waives any objection to such jurisdiction and venue based upon forum non convenience or otherwise.  Each party shall be responsible for its own attorney's fees.

MISCELLANEOUS - Members and users may only access those portions of the Website specifically made available to Members and users.  Under no circumstances are Members or users permitted to use or attempt to use the Website or any portion thereof to violate its security or the security of systems accessible through it.  Bidwacky will not be responsible for any loss or damage incurred as the result of unauthorized interception or decryption of information transmitted to or from Bidwacky.  Each Member and user agrees not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of Bidwacky or other Members or users.  Bidwacky reserves the right, but not the obligation, to monitor your access to and use of the Website and the Services.  Members and users, among other things, shall not: (a) use automated means to place or accumulate Bids; (b) manipulate or interfere with the Services or any affiliated program in any way; (c) present false or misleading information; (d) obtain or use Bids in violation of these Terms and Conditions or that were erroneously credited to a Member's or user's Account; or (e) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity.  Bidwacky uses reasonable efforts to try to make sure that information about products, services and/or activities on the Website are accurate.  However, Bidwacky cannot guarantee the accuracy of such information and cannot be responsible for any errors and/or omissions.  Auction Items pictured on the Website this may not necessarily reflect exact colors or models of actual rewards due to printing variations, computer monitor variations and/or manufacturer's updates.  All taxes relating to Bidwacky Auctions or the Services are the sole responsibility of Members and users.  All Members and users are strongly encouraged to consult their own tax advisors prior to participating in any Services.  Bidwacky will not provide any advice concerning tax liability.  If any part of the Governing Agreements are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Governing Agreements as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Governing Agreements that is unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.  The headings contained in the Governing Agreements are for convenience of reference only, are not to be considered a part of the Governing Agreements, and shall not limit or otherwise affect in any way the meaning or interpretation of the Governing Agreements.  No waiver of any portion of the Governing Agreements shall be effective against Bidwacky unless it is in writing and signed by an authorized representative of Bidwacky.  The failure of Bidwacky to require performance of any obligation of the Governing Agreements shall not affect Bidwacky's right to enforce any provision of the Governing Agreements at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.  All covenants, agreements, representations and warranties made by you in the Governing Agreements shall survive the termination of the Governing Agreements, and the termination of your use of the Website and the Services.  If you have questions, comments, concerns or feedback regarding the Governing Agreements or the Website or any Service, please contact us via e-mail. Further, Bidwacky shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing Services incorporating such questions, comments, concerns or feedback.  The Governing Agreements made available to you by Bidwacky, each as amended from time to time, represent the entire understanding and agreement between you and Bidwacky regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
 
� 2007 Bidwacky.  ALL RIGHTS RESERVED.
 
 
OFFICIAL RULES
These Office Rules (these "Rules") shall govern all Auctions on the Bidwacky Website.
1.  Introduction.  You are receiving an opportunity to bid on items, which is set up in the style of an auction, whereby entrants will be invited to place bids on an item (the "Prize").  The entrant that has the Lowest Unique Bid, as hereinafter defined (the "Successful Bidder"), will win the Prize.  The "Lowest Unique Bid" is defined as the lowest bid in U.S. dollars and cents for the Prize that is closest to one cent ($.01), that has not been selected by another entrant.  You will have no way of knowing what other entrants have bid.  As an example, assume that the following Bids were received for an item: Bid 1 - $4.76; Bid 2 - $4.76; Bid 3 - $5.21; Bid 4 - $5.33; Bid 5 - $5.33; and Bid 6 - $5.22.  In this case, Bid 3 and Bid 6 are both Unique Bids, but Bid 3 is lower and is therefore the winner.  In the event a Successful Bidder decides not to accept the Prize, the entrant with the next Lowest Unique Bid will be offered the opportunity to accept the Prize.  This process will continue until the entrant with the next Lowest Unique Bid accepts the Prize.  In the event there are no Lowest Unique Bids left, Bidwacky will choose the winner of the event randomly from all eligible entries received, and the selected winner will receive the Prize, subject to compliance with these rules.
2.  Eligibility.  Participation in the event is open only to Active Members of Bidwacky with a Valid Subscription to Bidwacky through PayPal.  Members who have cancelled their account or had their account suspended, whether during any Trial Period or after initiation of their Account, are not eligible to win an auction and receive the item.
3.  How to Enter.  Beginning on the starting date specified and ending on the ending date specified (the "Eligibility Period"), you will be automatically entered to win the Prize when you submit a "Bid."  Bids may only be made in U.S. dollars and cents.  All Bids received by Bidwacky during the Eligibility Period will have a chance to be the Lowest Unique Bid.  The only way to submit a Bid is through the Bidwacky Web Site although Bidwacky may choose to create and provide alyernative methods to submit a bid. By submitting a Bid, entrants fully and unconditionally agree to be bound by the Terms and Conditions set forth above, these Rules and the decisions of Bidwacky, which will be final and binding in all matters relating to the auction event. No automated entry devices, bots and/or other programs and/or software are permitted for entry.  All Bids and entries become the sole and exclusive property of Bidwacky and will not be returned.  Delivery of Prize requires a street address (no P.O.  Boxes.) Bidwacky is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or Bids, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic.  Only fully completed Bids/entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Bidwacky.
4.  Notification From Bidwacky.  A few minutes after you submit a Bid you will receive a notification from Bidwacky.  The notification will inform you of the status of your Bid in relation to all other Bids that have been received.  During the Eligibility Period, Bidwacky, at its discretion, may send entrants unlimited additional email notifications.  
5.  Winner Selection/Notification/Odds.  The Lowest Unique Bid shall be determined by Bidwacky in its sole and absolute discretion, at the end of the Eligibility Period.  In the event that there is no Lowest Unique Bid, Bidwacky will choose the winner randomly from all eligible entries received (a "Chosen Winner").  The Successful Bidder, or the Chosen Winner (collectively to be referred to as "Winner"), will be notified by email or telephone call.  Confirmation of the identity of the Winner shall be undertaken by Bidwacky, by whatever means Bidwacky shall deem appropriate.  Upon notice of winning the Bid, the Winner must promptly pay the winning price.  Once the Winner accepts the Prize, a binding legal contract is made for the transfer of the Prize between Bidwacky and the Winner.  The Winner must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements.
Participation in the event gives permission to Bidwacky to post his/her name, address, likeness, photograph, picture, voice, biographical information or statements made by the Winner regarding the event for marketing purposes without compensation.  If attempted contact with the Winner is unsuccessful within ten (10) days after the first attempt to contact him/her, or if he/she fails to comply with any of these requirements within that time period, an alternate entrant will be selected in his/her place by identifying the next Lowest Unique Bid as set forth above.  This process will continue until a valid Successful Bidder is found that complies with all the terms and conditions of these Rules, or, if no Lowest Unique Bid exists, until a Chosen Winner is selected.  Odds of winning the auction depend on the number of eligible Bids received and the dollar amount of such Bids.
6.  Prize.  Prizes are determined by Bidwacky, at Bidwacky's sole discretion.  No substitutions.  In the case of unavailability of the Prize, Bidwacky reserves the right to substitute a prize of equal or greater value.  Any problems with the prizes have to be discussed directly with the manufacturer of the product.  Bidwacky will not be responsible with for complaints about prizes.
7.  General Conditions.  All federal, state, provincial and local taxes are the sole responsibility of Winner, and Winner acknowledges that the value of the Prize may be considered taxable income.  Participation in the auction event and acceptance of the Prize constitutes Winner's permission for Bidwacky to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the event or Bidwacky for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner's name voice and picture on the Internet), except where prohibited by law.  By participating, entrants and Winner agree to release and hold harmless Bidwacky, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and managers, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the event, or possession, acceptance and/or use or misuse of the Prize or participation in any event-related activity and for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery.  Entrants who do not comply with these Rules, or attempt to interfere with the event in any way shall be disqualified.  Bidwacky is not responsible for any printing, typographical, mechanical, human or other errors in these Rules, in the administration of the event, in the announcement of the Prize, and/or in any advertising or other associated promotional materials in connection with the event.  Bidwacky and/or its subsidiaries, affiliates, owners, officers, managers, agents, representatives and employees are not sponsors of this event, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this event or any prize awarded.  Any attempted form of entry into the event, other than the entry methods stated, is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.  Bidwacky, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant's ability to enter the event, including any injury or damage to participant's or any other person's phone, or other matter relating to or resulting from participating in this event or downloading any materials in the event.  Bidwacky reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this event should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the event.  In such case, Bidwacky will randomly select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Bidwacky.  Bidwacky reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the event and/or any associated web site.  Bidwacky may void an entrant's Bids without refund and prohibit an entrant from participating in the event (and future promotions) or winning the Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the event by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs, the use of automated entry devices, bidding through the use of multiple Bidwacky accounts or multiple PayPal accounts owned by the same bidder or by participating in, or benefiting from, a syndicate, group or block bidding process or system), or intending to annoy, abuse, threaten or harass any other entrants or Bidwacky representatives.  Any entrant found to be violating these Rules may be prohibited from bidding in current and future auctions, in Bidwacky's sole and absolute discretion.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8.  Disputes.  Under no circumstances will entrants be permitted to obtain awards for, and each hereby waives, all rights to claim punitive, incidental and/or consequential damages, and/or any other damages, including attorney's fees or other such related costs of pursuing a claim.  The event is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be in Los Angeles County, California.  Any and all disputes must be submitted to binding arbitration as set forth in the Bidwacky Terms and Conditions and Rules.  
9.  Use of Data.  Bidwacky will be collecting personal data about entrants in accordance with its privacy policy.  By participating in the event, entrants hereby agree to Bidwacky's collection and usage of their personal information and acknowledge that they have read and accepted Bidwacky's privacy policy.
10. Only Active Members of Bidwacky.Com are eligible for this Auction.  Members who have cancelled their account within the 2 day Trial are not eligible to win an auction and receive the item. 
You are not eligible to win prizes by creating an account, placing bids and then cancelling before the Free Trial expires.  
Fraudulent manipulation also includes placing any fake names or email address in the  Tell 3 Friends Page in an effort to gain bids illegally.