Auction Item 7 Terms & Conditions
These Supplementary Terms and Conditions (“Supplementary Terms”) apply specifically to the auction item titled “New York City 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 Experience Lot includes two (2) identical packages, and will be awarded to the top two (2) bidders in the silent auction. By bidding on this Experience Lot, each 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.
- Nature of the Experience
1.1. This Experience Lot includes one (1) guaranteed entry into the 2026 New York City Marathon for each Winner, along with associated hospitality and accommodation benefits as described in the auction listing.
1.2. The winning bids are charitable donations 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.
1.3. 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. - Package Inclusions
2.1. Each package is for one (1) Winner and includes:
• Guaranteed entry to the New York City Marathon 2026
• Five (5) nights of 5-star accommodation in the heart of Manhattan
• VIP ground transfers throughout the stay
• Exclusive VIP Hospitality access for pre- and post-race comfort and recovery
• Event merchandise packs curated for the Winner
• On-site concierge service to manage all logistics during the stay
• VIP post-race celebration dinner hosted by Pho3nix Foundation Chairman, Sebastian Kulczyk
2.2. All other costs, including but not limited to international and domestic travel to New York, visas, insurance, meals not specified, and incidental expenses, are the responsibility of each Winner.
2.3. Dates are fixed around the 2026 New York City Marathon and cannot be altered by the Winner. Pho3nix reserves the right to modify the itinerary where necessary.
2.4. If the New York City 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.
- 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 New York City 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.
- Donation Terms
4.1. The donations are 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 donations are non-transferable, except with prior written consent from Pho3nix.
4.3. The Winners acknowledge that participation is voluntary and carries inherent risks associated with marathon running.
- Reporting and Acknowledgement
5.1. Pho3nix may publicly acknowledge the Winners unless they opt 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 Winners’ consent. - Liability and Disclaimers
6.1. The Winners acknowledge 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. - Jurisdiction and Governing Law
7.1. 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. - 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. - Entire Agreement
These Supplementary Terms, together with Givergy’s general Auction Terms and Conditions, constitute the entire agreement between Pho3nix and the Winners in relation to this Experience Lot. By placing a bid, each Winner acknowledges and agrees that no additional promises, representations, or assurances outside of these written terms have been relied upon.