Auction Item 5 Terms & Conditions

These Supplementary Terms and Conditions (“Supplementary Terms”) apply specifically to the auction item titled “Sydney Marathon 2026: World Marathon Majors VVIP Experience” (the “Experience Lot”), offered as part of the Pho3nix Foundation’s charity auction (the “Auction”) hosted on the Givergy platform. This Auction Lot includes two (2) identical prizes, each awarded to one of the two highest valid bids received in the sealed-bid silent auction. By bidding on this Experience Lot, the participant (“Winner” or “Bidder”) agrees to be bound by these Supplementary Terms, in addition to Givergy’s general Auction Terms and Conditions and any applicable terms published on the Pho3nix Foundation website.

1. Nature of the Experience
   1.1. This Experience Lot consists of two (2) identical prize packages, each including one (1) guaranteed VVIP entry into the TCS Sydney Marathon 2026, along with associated hospitality and accommodation benefits as described in the auction listing. Each prize package will be awarded to one of the two highest valid bids received in the sealed-bid silent auction.
   1.2. In the event of a tie for the second-highest bid, the second prize package will be awarded to the tied Bidder whose bid was submitted first according to the Auction platform’s recorded time stamp.
   1.3. The winning bid is a charitable donation in support of Pho3nix programs. This lot is sold as an experience package and may not be exchanged for cash or other goods or services.
   1.4. The donation is tax deductible only in Switzerland, where the Pho3nix Foundation is registered as a recognised charitable entity. Donors outside Switzerland are responsible for seeking their own independent legal or financial advice regarding tax deductibility or reporting obligations in their jurisdiction.
2. Package Inclusions
   2.1. The package is for one (1) Winner and includes:

• Guaranteed entry to the TCS Sydney Marathon 2026
• Five (5) nights of 5-star accommodation in Sydney
• VIP ground transfers throughout the stay
• Exclusive meet-and-greet with the Race Director and elite athletes
• All-access VIP Hospitality, including start line lounge and finish line viewing
• Premium event merchandise packs
• Private celebration dinner hosted by Pho3nix Foundation Founder & Chairman, Sebastian Kulczyk
  2.2. All other costs, including but not limited to international and domestic travel to Sydney, visas, insurance, meals not specified, and incidental expenses, are the responsibility of the Winner.
  2.3. Dates are fixed around the 2026 TCS Sydney Marathon and cannot be altered by the Winner. Pho3nix reserves the right to modify the itinerary where necessary.
  2.4. If the TCS Sydney Marathon 2026 is cancelled, postponed, or materially changed, Pho3nix will use reasonable efforts to provide an equivalent experience but will not be liable for any loss or additional costs incurred by the Winner.

1. Participation Requirements
   3.1. All participants must:

• Be aged 18 years or older
• Hold a valid entry confirmation issued through Pho3nix
• Meet the health and fitness requirements for marathon participation, as determined by the event organisers
• Hold adequate travel and medical insurance covering participation in the marathon
  3.2. All participants will be required to sign an event waiver issued by the TCS Sydney Marathon organisers, in addition to a waiver and release of liability provided by Pho3nix. These are separate from and not covered by these Supplementary Terms and must be signed as a condition of participation.

1. Donation Terms
   4.1. The donation is non-refundable under any circumstances, including but not limited to:

• Cancellation or postponement of the marathon
• Changes in the schedule or hospitality arrangements
• Dissatisfaction with the experience
  4.2. The donation is non-transferable, except with prior written consent from Pho3nix.
  4.3. The Winner acknowledges that participation is voluntary and carries inherent risks associated with marathon running.

1. Reporting and Acknowledgement
   5.1. Pho3nix may publicly acknowledge the Winner unless the Winner opts out by written notice within 7 days of the Auction’s conclusion.
   5.2. Photographs and video from the experience may be used by Pho3nix for promotional purposes, with the Winner’s consent.
2. Liability and Disclaimers
   6.1. The Winner acknowledges that marathon running carries inherent risks, including injury, illness, and unforeseen hazards.
   6.2. To the fullest extent permitted by law, Pho3nix and all related partners disclaim all liability for any loss, damage, injury, or death arising from participation in the experience, except where caused by gross negligence.
   6.3. Under no circumstances shall Pho3nix, its directors, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, or punitive damages arising from or related to this experience.
3. Jurisdiction and Governing Law
   These Supplementary Terms shall be governed by the laws of Switzerland.
   7.2. Any disputes arising in connection with this Experience Lot shall be subject to the exclusive jurisdiction of the courts of Switzerland.
4. Severability
   If any provision of these Supplementary Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.
5. Entire Agreement
   These Supplementary Terms, together with Givergy’s general Auction Terms and Conditions, constitute the entire agreement between Pho3nix and the Winner in relation to this Experience Lot. By placing a bid, the Winner acknowledges and agrees that no additional promises, representations, or assurances outside of these written terms have been relied upon.