The Amazing Music Auction Vol. III

Revised as of 8/31/2020. Please be aware that our auction now closes with a 30-Minute Rule, with an individual 30-minute countdown clock for each lot (closing on a "lot-by-lot" basis). For invoices paid with check, money order or wire transfer, a buyer's premium of twenty percent (20%) will be added to all winning bids. Iconic Memorabilia LLC prefers check, money order or wire payments. Invoices paid with credit card (Visa, Mastercard or American Express) will incur an additional 3% convenience fee, with a total buyer?s premium of twenty-three percent (23%). User Agreement THE FOLLOWING SETS FORTH THE TERMS ON WHICH Iconic Memorabilia LLC ("Auctioneer"), OFFERS ACCESS TO OUR SERVICE TO BIDDERS ("Bidder"). USE OF THIS SERVICE CONSTITUTES USER'S AGREEMENT WITH THE TERMS AND CONDITIONS AS DESCRIBED. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE CONDITIONS AT ANY TIME. AUCTION BIDDING PROCEDURES & RULES THIS AUCTION WILL CLOSE USING THE "OPEN ENDED" 30-MINUTE RULE ***PLEASE READ CAREFULLY*** This auction will be governed by an "open-ended" 30-minute rule. Like a standard 30-minute rule auction, the sale will go into 15-minute rule mode starting on closing day at 7 p.m. PST (10 p.m. EST). However, under the "open-ended" rules, ANY bidder can bid at ANY time on ANY lot in the auction, either before the start of the 30-minute rule or even after the 30-minute rule begins. Hence, even if a bidder has not bid on any particular lot in the sale, under the terms of the "open-ended" 30-minute rule they are able to bid on any lot in the sale even after that start of the 30-minute rule. The extended bidding period will continue indefinitely, with each lot receiving it's own 30-minute countdown clock. A lot will close when the Auctioneer has not received any new bids on that lot--either by phone or via the internet--for a period of thirty (30) minutes. At that time, the auction will be deemed completed and winning bidders will be determined. This process may take several hours and the auction may go well into the evening. If you did not plan to stay up late, we strongly suggest you leave your highest "Top All" bid with us prior to the auction's closing. Futhermore, Auctioneer will reserve the right to end the auction at any point after five (5) hours of extended bidding in the 30-Minute Rule period should it be deemed that the auction is being unnecessarily extended by trivial bidding. If you have any questions regarding the "open-ended" 30-minute rule, please call us at 1-800-325-7127 for further information and clarification. IMPORTANT INFORMATION REGARDING AUTHENTICITY Iconic Memorabilia LLC takes active measures to determine authenticity and bring our bidding clientele security and comfort when bidding on autographed memorablilia. Every autographed lot in this sale is either: 1.)Accompanied by a Certificate of Authenticity (COA) from an industry recognized third-party authentication service or 2.) Has been examined by a third-party authenticator and is guaranteed to pass a full authentication review. In cases where an item comes with certification from a company that conducts private signings or deals directly with a athlete/celebrity, the said company's COA will be deemed as sufficient provenance. These companies are well known within the industry and include Steiner Sports, Tri-Star, Mounted Memories and Upper Deck Authenticated. Note: We strongly suggest you read the remainder of our Terms and Conditions for further information regarding our policies as it relates to grading and authentication. 1.) REGISTRATION: All bidders must register to receive a User ID and Password in order to bid online. You can register online by clicking on the "Register" link found on various pages throughout our web site. You may also register by phone. Once registered, your User ID and Password will be valid for all future Iconic Memorabilia LLC sales. Registration by phone is available between 9:00 a.m. and 5:00 p.m., PST Monday through Friday. Internet registration is available 24 hours, however, final credit approval may take up to 72 hours to complete. Accordingly, bidders need to register PRIOR to the closing date. Bidder registration on the auction closing date will be at the discretion of Iconic Memorabilia LLC management and will be limited on a case-by-case basis. Any restrictions on the amounts new bidders may bid will be made at the discretion of the auction management. New bidders may be asked to provide credit card information as guarantee of payment. By providing your mobile number you agree to receive text messages from Iconic Memorabilia. Message and data rates may apply. To stop messages reply STOP to message. 2.) BIDDING: Bidding begins immediately upon the launch of the auction on our web site. Preliminary bidding will end at 5:00 PM, PST on the auction closing date. Bidding prior to 5:00 PM PST as well as after 5:00 PM PST (the latter regulated by the "Open Ended" 15-Minute Rule), may occur in any of the following ways: a) Online Bidding: Online bidding for registered users who have obtained a User ID and Password is available 24 hours. Beginning at 5:00 PM, PST on the auction closing date, bidding will be extended in accordance with the terms of the "Open Ended 15-Minute Rule" (with all items ending at the same time). After 5:00 PM, PST "Time Left" in the user interface will count down in real time the amount of time remaining until such time as no lots receive even a single bid for a period of approximately 15 minutes at which time the auction will officially close and "Time Left" will read "Auction Has Ended." b) Telephone Bidding - Telephone bids will be accepted between 9:00 a.m. and 4:00 p.m., PST, Monday through Friday, except for the auction closing date when bidding will continue until 5:00 PM, EST and then for an indeterminate period in accordance with the "15-Minute Rule." The auction will close once no bids are received either online or by telephone for a period of approximately 15 minutes at which time we will stop answering the phone. c) Fax Bidding - Bids placed by fax must be received no later than 5:00 PM, PST on the day PRIOR to the auction closing date. Fax bids must include the User ID and Password to be accepted. 3.) BIDDING INCREMENTS: Bidding increases will be accepted in increments of 10% above the current high. There are no exceptions to the bid raise amounts. 4.) PLACING "AUTO BIDS": Placing an "Auto Bid" is a recommended option. By exercising this option, you are authorizing the auction database software to bid competitively in your behalf, up to but not over your specified limit. "Auto Bids" must be calculated in 10% increments and do not include the 20% buyer's premium. Your confidential "Auto Bid" will be implemented incrementally, only if necessary, to the dollar amount authorized and no further. 5.) BUYER'S PREMIUM: For invoices paid with check, money order or wire transfer, a buyer's premium of twenty percent (20%) will be added to all winning bids. Iconic Memorabilia LLC prefers check, money order or wire payments. Invoices paid with credit card (Visa, Mastercard or American Express) will incur an additional 3% convenience fee, with a total buyer?s premium of twenty-three percent (23%). 6.) GRADING AND AUTHENTICATION: Bidder acknowledges as follows: Grading and authentication is an art and not a science. The grade or condition or estimated value herein represents the opinion of the Auctioneer and/or its Consignors. It is possible that two people do not always grade or evaluate the same item alike. Every effort is made by the Auctioneer to determine provenance and authenticity. Auctioneer is not bound by the differing opinion of grading services, outside authenticators, or so-called "experts". LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot. Inquiries concerning condition are strongly advised. Internet and/or catalog pictures should NOT be used to determine condition or grade as in some instances pictures have been cropped or enlarged in order to provide the best possible representation of an item within the scale restrictions of the medium. Prospective bidders are welcomed to call our offices at 1-800-325-7127 for detailed condition reports. 7.) PAYMENT: Payment is due within 10 days after receiving notification. Notification of winning bids will be made by phone, e-mail and/or standard mail delivery within approximately 72 hours of the auction's closing. Arizona residents will be expected to pay 8.05% state sales tax. Failure to pay in a timely manner will result in the suspension of auction privileges. Our preferred methods of payment are personal checks, money orders, cash and wire transfers. Personal checks will be held until the check clears unless Bidder has established prior credit terms. Auctioneer also accepts payments in the form of major credit cards (Visa, Mastercard, Discover and American Express). Credit card payments will be accepted at the sole discretion of the Auctioneer. WE DO NOT ACCEPT PAYPAL. Note that payments over $50,000 must be made with check/cashiers check/money order or wire transfer. 8.) NON-PAYMENT BY BUYER: Auctioneer reserves the right to charge to the Buyer's credit card any balance remaining on the buyer's auction invoice without further notice to Buyer. Buyer agrees to pay all of Auctioneer's costs, including attorneys' fees, incurred in attempting to collect any sums due to Auctioneer from the Buyer. Buyer further understands and acknowledges that if payment is not received within 14 days of auctions closing that Auctioneer will assess a late payment fee of one and a half percent (1.5%) per week (or maximum allowable under applicable law, whichever is greater) until the invoice is paid in full. 9.) RETURNS: Auction is not an approval sale. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. On lots not accompanied by third party authentication or under very limited circumstances not including authenticity (such as gross cataloging error), Buyer may request a review of purchase and voiding of sale. Buyer must notify Auctioneer of this request within three (3) days of receipt of item by providing a detailed written explanation of the alleged gross error. If it is deemed that gross error may have occurred, it is Buyer's responsibility to return the lot in question within seven (7) days of notice for evaluation. Absolutely no exceptions will be made regarding this policy. 10. PREVIEWS: Bidders are welcome to preview any and all auction lots in person at the Auctioneer's offices in Anthem, AZ. In person previews will be made by appointment only. Additionally, Auctioneer will gladly provide phone descriptions any time PRIOR to the day of the auction. Appointments and phone descriptions can be made by calling 1-800-325-7127. 11.) RESERVES: This auction contains property belonging to third persons known as "Consignors" and lots submitted by Consignors may include a reserve. A reserve is a confidential price agreed to by the consignor and Iconic Memorabilia, LLC, below which a lot will not sell. Iconic Memorabilia, LLC may place bids on behalf of the consignor for such lots up to the reserve. Max bids placed for those lots with reserves will be automatically bid up to but not above the reserve, or up to the max bid if the reserve exceeds the max bid. 12.) ACCEPTANCE OF CONDITIONS: Placement of a bid on any auction lot constitutes acceptance of the above stated Terms and Conditions. In the event of dispute Bidder agrees to pay all attorney fees and cost involved for collection of funds for Auctioneer. All litigation brought against auction house shall be in the state of Arizona, Maricopa County. LAWS These Terms of Service shall be governed by and construed in accordance with the laws of the state of Arizona, County of Maricopa at the discretion of the auctioneer. User of this Auction Site agree to submit to the exclusive jurisdiction of the courts of the state of Arizona. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. User and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are provided for reference purposes only and have no legal or contractual significance DESCRIPTION OF SERVICE Iconic Memorabilia LLC provides its users with an Internet auction service for the purpose of buying and selling personal property. Users agree to provide certain current, complete, and accurate information about themselves and to maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). REGISTRATION & ACCOUNT SECURITY Users agree to provide true and accurate information about themselves in the registration form. If any information provided by user is incomplete or inaccurate, this Auction Site retains the right to terminate user's membership and rights to use the Service. As part of their registration, users will receive a User ID and Password. Users are encouraged to keep their User ID and Passwords private because the foregoing data is the only information needed for purchasing power. Users are responsible for the confidentiality of their User ID and Password as well as for any and all activities that occur under their user ID and password-protected account. User agrees to immediately notify this Auction Site of any unauthorized use of their User ID or Password or any other breach of security known to user. USER CONDUCT User is solely responsible for the contents of his or her transmissions through the Service. Use of the Service is subject to all applicable local, state, national and international laws and regulations. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should user's conduct fail to conform to these Terms of Service and User Agreement. OTHER LIMITATIONS This Auction Site retains the right, at our sole discretion, to determine whether or not a user's conduct is consistent with the letter and spirit of this Agreement. This Auction Site reserves the right to terminate service if a user's conduct is found to be inconsistent with these Terms of Service and User Agreement. BIDDING AND BUYING Iconic Memorabilia LLC has the right to establish general practices and limits concerning users' bidding privileges and procedures. A user who has entered the highest accepted bid at the end of an auction is obligated to complete the transaction. Once entered, bids are NOT retractable. This Auction Site and it's host are not responsible for bids not being processed or not being accepted due to technical difficulties. Moreover, bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. Please note that it is a violation of law to make bids in a false name or with an invalid payment method, even if our software initially accepts such a bid. Be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating all Internet fraud cases. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE As operated by Iconic Memorabilia LLC, this auction Service, is provided to you under the foregoing Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Iconic Memorabilia LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Iconic Memorabilia LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Iconic Memorabilia LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Iconic Memorabilia LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY Iconic Memorabilia LLC OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Iconic Memorabilia LLC OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.