Birmingham & Black Country

BBC WM Red Alert Appeal Christmas Auction with Paul Franks

An auction is to be held on 19 December in aid of BBC WM's Red Alert Appeal, which raises money for Cure Leukaemia.

The appeal is raising money to fund nurses to carry out life-saving blood trials on leukaemia patients.

The BBC WM radio auction, hosted by presenter Paul Franks between 18:00-20:00 GMT, includes VIP football days and a cocktail making class.

Football stars, past and present, and Michelin starred chef Glynn Purnell will make appearances on the night.

BBC WM Red Alert Appeal Christmas Auction for Cure Leukaemia - Terms & Conditions

1. British Broadcasting Corporation ('the BBC')

1.1 All proceeds of this Auction, conducted and overseen by BBC WM will be donated to Cure Leukaemia. The successful bidder will be asked to make immediate payment in accordance with Clause 6. Full details will be supplied to the bidder when the Auction is over. See clause 4.3 below.

1.2. No bids will be accepted from BBC staff, families or volunteers working in the BBC premises during the appeal programme.

2. Legal Capacity

2.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18 years of age. Those taking calls and bids will check each time that the bidder is 18 or over.

3. Legal status of bids

3.1 Each placement of a bid will constitute a legal offer which, on acceptance by the BBC, will form an agreement which will be binding on the bidder.

3.2 For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the Items has been received.

4. Bidding process

4.1 The winning bid in the Auction will be the highest bid which meets any conditions which may be applicable ('the Winning Bid').

4.2 If a bid is followed by a higher bid that is later removed by the BBC for any reason, it will be open to the BBC to accept the earlier bid, as though the higher bid had never been made.

4.3 If a bid is successful, the BBC will notify the bidder by telephone at the earliest opportunity to confirm the amount of the Winning Bid, details of the Items, and to arrange payment and delivery. To assist in maintaining the integrity of the Auction the BBC reserves the right to telephone bidders during the Auction in order to make standard checks.

4.4 Payment must be received by Cure Leukaemia by Thursday 21st December 2012. If there is a problem with payment by the successful bidder of the amount of the Winning Bid, the BBC reserves the right to offer the Items to the next highest bidder. If the lot is not sold it may be re-auctioned. If the lot is not re-auctioned, it will pass to Cure Leukaemia's control.

4.5 The BBC reserves the right to refuse or remove bids in its absolute discretion.

4.6 The BBC reserves the right to close the Auction early or to extend it at any time and at its discretion. The Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by the BBC or issues involving a Donor of the Items (such as any decision by the Donor to remove its Items from the Auction).

4.7 Further to clause 4.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

4.8 If there is a dispute between bidders, the BBC is under no obligation to become involved in such a dispute. The BBC, its officers, employees and agents, Cure Leukaemia and the Donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

4.9 The BBC will refer to the terms and conditions on the website at the opening of each Auction and at regular intervals throughout the programme.

4.10 The BBC will inform listeners of the telephone charges that apply when bidding in the Auction. The Auction line number at BBC WM is 08453 00 99 56. Calls to this number cost up to 5p/min from most landlines (an additional connection fee may also apply). Calls from mobiles may cost considerably more.

4.11 Telephone Operators at BBC WM will watch for possible hoaxes, and will refer any questionable calls to the relevant Editorial Manager.

4.12 All Auction details, bidding progress, amounts, numbers etc., will be retained for 12 months.

5. Items

5.1 The Items consist of donated packages and services from UK businesses and others ('Donors') and will be described here prior to each Auction opening. Any requirements listed in the description of the Items will form part of these Terms and Conditions.

5.2 Monies paid for the Items are non-refundable and the Items are non-exchangeable. Items comprising or including 'experience packages', are non-transferable, must not be resold, re-auctioned or transferred in any way.

5.3 Where any Item involves tickets to attend an event or any membership, the winning bidder is also expected to check any admission requirements from the venue or group and ensure that ticket holders meet such requirements.

5.4 Bidders acknowledge that all information provided as a description of the Items is reproduced by the BBC in good faith and is consistent with information supplied to the BBC. As such, the BBC cannot be held responsible for inaccurate or misleading descriptions.

5.5 The BBC shall have the right to substitute Items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason. In the event of such substitution before the close of the Auction, a bidder may withdraw a bid by notice to the BBC, such notice to be received before the close of bidding. In the event of a substitution after the close of the Auction the winning bidder shall have the right to decline the substitution within seven days and, where applicable, the right to a refund of monies paid. In the event that that the winning bidder does not accept the substitution the Item will be offered to the next highest bidder.

5.7 The winning bidder will be expected to take part in post-Auction publicity for the BBC or Cure Leukaemia if required.

6. Payment

6.1 Payment must be made directly to Cure Leukaemia. Full details of payment procedures will be given to the winning bidder.

6.2 All monies must be received from the winning bidder within the time allowed. Neither the BBC nor Cure Leukaemia can accept any liability for payments not received as a result of any technical failures or otherwise.

6.3 Items will not be released to you until payment has been received by Cure Leukaemia and cleared.

7. Currency

7.1 The Auction will be conducted in pounds Sterling.

7.2 Although the BBC and Cure Leukaemia believes that this Auction is exempt from VAT, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.

8. Liability

8.1 The BBC and Cure Leukaemia endeavours to ensure that the information and other material on this website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions from this website.

8.2 The BBC will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

8.3 Except as specifically set out in these Terms and Conditions, the BBC and Cure Leukaemia makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Items available, to the full extent permitted by English law.

8.4 Neither the BBC, nor Cure Leukaemia, shall be liable for any claims or losses of any nature arising directly or indirectly from any inability by you to access the website, any technical difficulties experienced by the BBC, Donor, or you.

8.5 Neither the BBC, nor Cure Leukaemia, shall, in any circumstances, be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with this Agreement or your use of this website, or Items purchased by you.

8.6 Without prejudice to any of the foregoing, you agree that, if the BBC is held to have any legal liability, the BBC or Cure Leukaemia will only be liable for direct loss up to a maximum total of the amount of the Winning Bid in respect of any one incident or series of incidents attributable to the same cause.

8.7 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the BBC.

9. Data Protection

9.1 The BBC complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by the BBC and will only be used by the BBC, Cure Leukaemia or disclosed to a third party (such as a Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you.

9.2 If necessary, the BBC will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.

10. Severability

10.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

11. Third Party Rights

11.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

12. Limitation

12.1 All bidders agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these terms and conditions must be filed within one (1) year after such claim or cause of action arises or be forever barred.

13. Jurisdiction

13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall be courts of competent jurisdiction.

Access to and participation by you in the Auction is confirmation that you have understood and accepted the above Terms and Conditions.

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