Terms and Conditions
These are the terms and conditions (“Terms”) to which you, the potential buyer (referred to throughout as “you” or “your”) must agree in order to submit an offer to purchase artwork from The Ritz-Carlton Travel Poster Series (the “Event”) through https://travelposterseries.com (the “Website”). Please read these Terms carefully before you submit your request to purchase any artwork offered as part of the Travel Poster Series (the “Artwork”), which Artwork was created by Louis-Nicolas Darbon (“Artist”). These terms govern the offer to sell by Sponsor (as herein defined) and, if selected, govern the final requirements necessary to consummate the purchase of any such Artwork through the Event and constitute the legally binding terms between you and the Sponsor in connection with the Event and use of the Website.
- Sponsor. The Artwork was commissioned by Marriott International, Inc. on behalf of its brand, The Ritz-Carlton (“Sponsor” or “Us”). Questions about these Terms should be directed to [Company Point of Contact] ([insert POC email]).
- Invitation to Purchase. The Website and the information on it constitute an invitation to purchase any Artwork listed thereon. When you submit a “Request to Purchase” you are submitting an offer to purchase the Artwork selected by you in accordance with these Terms. No contract for the sale and purchase of any Artwork will be formed and completed until you receive confirmation from the Sponsor, or the Sponsor’s designated representative, that you have been selected as the buyer for the Artwork for which you submitted a Request to Purchase. Only individuals who are selected to buy any Artwork will be contacted by the Sponsor or the Sponsor’s designated representative.
- First Come, First Served. Quantities of the Artwork are limited. The Artwork will be sold on a first-come-first-served basis to qualified buyers who submit a valid and complete Request to Purchase the Artwork. As further detailed herein and without limitation, to be considered a “Qualified Buyer,” an individual must (a) meet all eligibility requirements listed herein, and (b) provide full payment of the Artwork Price (as defined herein) for the Artwork via ACH, wire transfer, or credit card within five (5) to seven (7) business days of being informed by the Sponsor that your Request to Purchase has been accepted (the “Claim Period”). Sponsor reserves the right to verify your eligibility at any time and for any reason, and by submitting a request to purchase the Artwork and as a condition to an eventual purchase of Artwork, if applicable, you agree to provide any additional information that may be required to verify your eligibility to purchase the Artwork.
- Term. The Artwork will be available for purchase during the Event, while supplies last. The Event will begin on [INSERT DATE] and will continue through the earlier of December 31, 2024 or when all of the Artwork has been sold (“Term”). If any Artwork has not been sold by December 31, 2024, Sponsor reserves the right to extend the Term at its sole option.
- Valid and Complete Request for Purchase. You must provide all information requested on the Website as part of submitting a Request for Purchase, which information includes, without limitation, your full name and email address to which Sponsor may direct correspondence to you concerning the Event and/or your Request for Purchase, your home address and country of residence (and, to the extent it differs, the country (or countries) to which you claim citizenship), and other details as may be reasonably requested by Sponsor to process your Request to Purchase and/or to ensure that you meet the eligibility requirements hereunder. The Sponsor has the sole right and discretion to determine that the individual who submits the Request to Purchase is an eligible individual; Sponsor may refuse to accept or may cancel any Request to Purchase, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.
- Price of Artwork. PRICES AND AVAILABILITY OF THE ARTWORK LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The price of the Artwork, which may include Value Added Tax (VAT) and/or sales taxes, if applicable, will be the price indicated on the Website for the specific Artwork at the time you placed your Request to Purchase (the “Artwork Price”).
- Final Offers; Shipping and Handling. No Request to Purchase shall be deemed accepted by Sponsor until you receive confirmation from the Sponsor indicating that your Request to Purchase has been accepted, the Sponsor has found you to be a Qualified Buyer, and you are provided with instructions on how to remit payment for the Artwork for which you submitted a Request to Purchase. For the avoidance of doubt, the Artwork Price includes applicable taxes, but excludes shipping and handling costs, which will be calculated upon submitting request to purchase. The Artist reserves and retains the sole the right to select the carrier and method of delivering the Artwork to you.
- Payment of Artwork Price. Payment of the Artwork Price must be provided as specified by the Sponsor in its communication(s) to or with you concerning any accepted Request to Purchase. Such payment for the Artwork Price must be made, in full, within the Claim Period. Only once your payment of the Artwork Price for the Artwork has been received within this period will you be considered the “Confirmed Buyer” of the Artwork.
- Insufficient Funds; Failure to Timely Remit Payment. If your Request to Purchase is accepted by Sponsor and you are determined to be a Qualified Buyer and are invited to complete the purchase for the Artwork, but you do not remit the Artwork Price for the Artwork in full within the Claim Period, Sponsor reserves the right to offer the Artwork to the next eligible Qualified Buyer who submitted a Request to Purchase for the Artwork. If the item does not have a second in line Qualified Buyer, the Artwork may be relisted for sale on the Website in the Sponsor’s sole discretion.
- No Refunds or Cancellations. Once a Request to Purchase has been accepted by the Sponsor, that sale for the Artwork is considered final and binding. Once payment of the Artwork Price for the Artwork has been received, the sale of the Artwork is complete. Without limiting the foregoing, Sponsor reserves the right, in its sole and absolute discretion, to issue refunds in exceptional cases, but Sponsor shall have no obligation to do so.
- Delivery. Once you are determined to be the Confirmed Buyer, you will be contacted by the Artist and/or the Artist’s agent(s), notifying you when your order has been shipped and providing you with delivery tracking information. The Artist will ship Artwork to a Confirmed Buyer as soon as commercially practical. Neither Sponsor nor Artist will be responsible or liable for any disruptions or failure in the delivery of the Artwork or damage that occurs to the Artwork.
- Charitable Contributions. Proceeds from the sale of the Artwork will support the Ritz-Carlton Community Footprints Fund and The Sutton Trust, which has a mission to improve educational opportunities for young people from non-privileged backgrounds (together, the “Charitable Beneficiaries”). “Proceeds” means the Artwork Price less transaction costs, including, without limitation any applicable taxes, shipping, insurance, and administrative fees incidental to the sale of the Artwork or otherwise in connection with the transaction(s) in connection with the Event. For purposes of U.S. federal tax law, no portion of the purchase of the Artwork is tax-deductible to you. To learn more about the Ritz-Carlton Community Footprints Fund, a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, visit www.ritzcarlton.com/en/community-footprints. To learn more about The Sutton Trust, a charitable foundation registered with the Charity Commission for England and Wales (Charity No. 1146244), visit www.suttontrust.com.
- Qualified Buyers; Eligibility. Purchase of Artwork from the Event is available only to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of legal residence. Sponsor reserves the right not to sell the Artwork to any individual or person if, in Sponsor’s sole discretion, the consummation of the sale to such person would harm the reputation, goodwill, or business practices of Sponsor, the Artist, the Charitable Beneficiaries, or any other person affiliated with the Event in Sponsor’s sole determination. Residents of certain countries may be unable to participate for a variety of reasons, which may include local laws and regulations and/or national and international sanctions imposed by the U.S. and/or other countries and/or IP restrictions in certain markets. These countries/provinces include Cuba, France, Iran, North Korea, Portugal, Spain, Syria, United Kingdom and the Crimea Region and so-called Donetsk and Luhansk People’s Republics of Ukraine; other countries are void where prohibited. Additionally, individuals appearing on the U.S. OFAC Specially Designated Nationals List, or similar government lists in other countries, will be barred from purchasing the Artwork available as part of the Event or otherwise participating in the Event. Participation is limited to individuals only. By participating, you accept the conditions stated in these Terms, agree to be bound by the decisions of the Sponsor, and warrant that you are eligible to participate in the Event. Employees, independent contractors, officers, and directors of Marriott International Inc., its brand Ritz-Carlton, and its affiliates, subsidiaries, representatives, consultants, contractors, advertising, promotion, and fulfillment agencies, web site providers and legal advisors (collectively, the “Event Entities”), and their immediate family members (spouses, parents, siblings and children, regardless of where they live) and persons living in the same household, are not eligible to participate in the Event or purchase the Artwork. Eligibility to purchase any Artwork is contingent upon fulfilling all requirements set forth herein.
- Ownership and Responsibility. Once you remit payment, in full, of the Artwork Price for the Artwork for which you were selected as the Buyer, and the Sponsor confirms that such Payment was received in full, you will own the Artwork. Without limiting the foregoing, the Artist retains ownership and title of the Artwork until the Payment in full has been received for the Artwork. No copyrights or other rights of reproduction, modification or distribution are being granted to you, all are reserved to the Artist as well as all moral rights. The risk of loss and title for the Artwork purchased by you pass to you upon Sponsor’s confirmation that Payment for the Artwork has been received in full.
- DISCLAIMERS. By claiming and purchasing any Artwork, you expressly agree to waive any and all claims against the Released Parties, as herein defined, for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, in connection with your use of the Artwork or the Website or otherwise in connection with the Event.
- LIMITATION OF LIABILITY. BY CLAIMING AND PURCHASING ANY ARTWORK, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPONSOR AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE HELD HARMLESS FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING IN WHOLE OR IN PART OUT OF OR RELATED TO THIS EVENT OR THE PERFORMANCE OR BREACH THEREOF OR THE ACCEPTANCE OR USE OF ANY ITEM OR ARTWORK OFFERED FOR SALE. THE RELEASED PARTIES’ LIABILITY TO A BUYER SHALL IN NO EVENT EXCEED THE ARTWORK PRICE, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. ARTWORK, THE WEBSITE, AND EVERYTHING IN CONNECTION WITH THE EVENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPONSOR IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR ARTWORK DAMAGED IN THE COURSE OF TRANSMITTING THE ARTWORK TO ANY QUALIFIED BUYER. SPONSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE. SPONSOR SHALL NOT BE LIABLE FOR TECHNICAL, PICTORIAL, TYPOGRAPHICAL OR EDITORIAL ERRORS OR OMISSIONS CONTAINED HEREIN.
- NO WARRANTIES. We do not warrant that the product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of the Artwork described or depicted on the Website are subject to change at any time without notice. Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing certain items, the Artwork may appear larger or smaller than their actual size when represented on this website.
- Third Party Providers. Sponsor is not responsible for the Artist, any third-party services providers, vendors, or other parties or agents connected, directly or indirectly, with the Event and/or the sale of any Artwork through the Website (“Third Party Providers”). Third Party Providers and their principals, agents, and assigns shall not be treated as Sponsor’s agents for any purpose. Sponsor provides no additional warranties or guarantees for any services, actions, or other involvement, including compliance with any legal requirements related to the activities, obligations, or services of any such Third Party Providers.
- Severability. If any provision of these Terms is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of these terms and conditions.
- Interpretation. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these terms. These Terms constitute the entire agreement between you and Sponsor and governs your use of the Website and participation in the Event, and these Terms supersede any prior agreements between you and Sponsor and/or any third party with respect to the Website.
- Applicable Law. You acknowledge and agree that these Terms are agreed to in Montgomery County, in the State of Maryland, in the United States of America and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Maryland. In the event that you litigate any actual or potential breach of these Terms, you agree that the exclusive and continuing venue for any such action will be in Montgomery County, State of Maryland, or the United States District Court for the District of Maryland.
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