The NBA Top Shot Ultimate Moment and Pack are a limited edition release of One (1) Ultimate Tier Victor Wembanyama Moment and (1) NBA Top Shot Pack containing, One (1) Chet Holmgren Rookie Revelation Legendary Moment, One (1) Brandon Miller Rookie Revelation Legendary Moment, One (1) Keyonte George Rookie Revelation Legendary Moment, One (1) Jaime Jaquez Jr. Rookie Revelation Legendary Moment, and One (1) Scoot Henderson Rookie Revelation Legendary Moment (The Ultimate Moment and the NBA Top Shot Pack are together known as the “NBA Top Shot Ultimate Pack” or the “Pack”) that is made available to you by Dapper Labs, Inc. (“DLI”, “we”, “us” or “our”) via the NBA Top Shot Ultimate 1/1 Auction (the “Auction”). These Terms and Conditions for the NBA Top Shot Ultimate Auction (“Ultimate Auction Terms”) constitute a legally binding agreement between DLI and you, and supplements our general NBA Top Shot Terms of Use set forth here (the “General Terms”). These Ultimate Auction Terms are incorporated by reference into, and form a part of, the General Terms. In the event of a conflict between the terms of these Ultimate Auction Terms and the General Terms, the Ultimate Auction Terms will supersede and control but only with respect to your purchase. All capitalized terms used but not defined in these Ultimate Auction Terms have their respective meanings as set forth in the General Terms.
Please carefully review these Ultimate Auction Terms and the General Terms. By placing a bid on the NBA Top Shot Ultimate Pack, you are deemed to have read, accepted, executed and agreed to be bound by these Ultimate Auction Terms (including the General Terms as incorporated by reference herein).
ARBITRATION NOTICE: THE GENERAL TERMS CONTAIN AN ARBITRATION PROVISION (SEE SECTION 16 OF THE GENERAL TERMS). PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY BIDDING ON AND OTHERWISE TRANSACTING WITH NBA TOP SHOT ULTIMATE PACK YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.
The NBA Top Shot Ultimate Pack Auction
(i) The Auction. The NBA Top Shot Ultimate Pack will be sold via the Auction. Initial bidding for Pack starts at 1 PM ET on Tuesday, April 9 and will conclude on or about Monday, April 15, 2024 (the “Auction Period”). Final details will be listed on the applicable page of the App. In order to submit a valid initial bid, a user must submit their initial bid during the Auction Period. The dates and times of the Auction Period are subject to change, in our sole discretion, and will be communicated in the App. In addition, we reserve the right to cancel the Auction, at any point, at our sole discretion.
(ii) Initial Stage Bidding. In order to place an Initial Bid in the Auction of the Pack (an “Initial Bid”), you must enter the price you are committing to purchase the Ultimate Digital Collectible Pack and click the “Place Bid” button. Initial Bids for the NBA Top Shot Ultimate Pack must be placed online on the app. Written Initial Bids, telephone Initial Bids or any other Initial Bids not placed through our App will not be accepted. You shall not place an Initial Bid unless your Initial Bid is genuine and not the product of any collusive or other anti-competitive agreement and is otherwise consistent with any applicable laws, regulation, or code. We reserve the right to refuse or revoke your permission to bid and to remove bidding privileges before or during a sale of the Pack for any reason at our sole discretion. The minimal Initial Bid price for the Pack will be $75,000.00 USD.
(iii) Final Stage Bidding. Within 72 hours after the Auction Period, we will reach out to you if your bid was one of the highest bids (as determined by us in our sole discretion) to obtain a subsequent binding final bid (a “Final Bid”). You agree that your Final Bid is a legally binding agreement should it be accepted by Us. As soon as you place and confirm your Final Bid amount, you agree that you may not, under any circumstances, amend, retract or revoke your Final Bid without written (email is okay) consent from DLI. If your Final Bid is accepted, you irrevocably agree to pay the full price of your Final Bid, within 72 hours of receiving notice of your accepted Final Bid, as well as any and all shipping and related costs and charges, transaction costs and any applicable duties, goods, sales, use, service tax or VAT, and you authorize us and/or a third-party platform or system that fulfills payments on our behalf to process and receive the amount of your initial bid from the payment method provided. We are not responsible for any errors made in your bidding. We do not provide refunds for the Pack. We reserve the right to charge your payment method on file up to 10% of your final Bid if we do not receive payment within 72 hours, and offer the Pack for sale to another user that was selected to submit a Final Bid. Additionally, we reserve the right to be the final decision maker on any disputes arising from auctions, bids, purchases, or sales of NBA Top Shot Ultimate Pack. We reserve the right in our sole discretion to disqualify any individual we find to be tampering with the entry process or the operation of any Bid or to be acting in violation of these Ultimate Auction Terms or the General Terms.
(iv) User Information. Within 7 days after the conclusion of the Auction Period, a DLI customer service agent will reach out to you to verify certain information (including as we may determine is required to allow us and our partners and service providers to comply with applicable law). We may require you to provide additional information, or complete background checks, including before or after placing a Final Bid or completing the purchase of the Pack. You must provide accurate, current and complete information upon our request in a timely manner. If, in our sole opinion, you do not satisfy our bidder identification and registration procedures, or fail any background checks that we may reasonably require we may cancel your Bid.
(v) Wallet and Payment Information. You will need to use the Dapper® electronic wallet or another supported electronic wallet to complete the purchase of the Pack.
Additional Terms
(i) Disclaimers. We will not be responsible for errors or failures to execute or place Initial Bids or Final Bids placed on the internet, including, without limitation, errors or failures caused by (i) a loss of connection on our or your end; (ii) a breakdown or problems with the App or the Flow Blockchain and/or (iii) a breakdown or problems with your internet connection, computer or system. We do not accept liability for errors or omissions in connection with the App, the Flow Blockchain and the Auction of Top Shot Ultimate Pack.
(ii) We may change or amend the Ultimate Auction Terms at any time in our sole and absolute discretion. Any changes to the Ultimate Auction Terms will be in effect as of the “Last Updated” date referred to at the top of this page. Please also review our Privacy Policy, which describes the ways we collect, use, store and disclose your personal information.