(Back the Dream: Fund a Future Olympian or Paralympian Through the Pho3nix Athlete Program)
These Supplementary Terms and Conditions (“Supplementary Terms”) apply specifically to the auction item titled “Back the Dream: Fund a Future Olympian or Paralympian Through the Pho3nix Athlete Program” (the “Donation Lot”), offered as part of the Pho3nix Foundation’s charity auction (the “Auction”) hosted on the Emma Live platform. This Donation Lot includes five (5) identical packages and will be awarded to the top five (5) bidders in the silent auction. By bidding on this Donation Lot, each participant (“Winner” or “Bidder”) agrees to be bound by these Supplementary Terms, in addition to Emma Live’s general Auction Terms and Conditions and any applicable terms published on the Pho3nix Foundation website.
Nature of the Donation
1.1. This Donation Lot represents a philanthropic contribution to support a future Olympian or Paralympian through the Pho3nix Athlete Program, helping talented athletes access the resources, coaching, training, competition opportunities, and holistic support required on their journey to the world’s biggest sporting stage.
1.2. The winning bids are charitable donations in support of the Pho3nix Athlete Program. This Donation Lot is sold as a philanthropic sponsorship initiative and may not be exchanged for cash, goods, or services.
1.3. The donation is tax deductible only in the United Kingdom. Donors outside the United Kingdom 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 successful bidder will receive:
- Formal acknowledgement as a supporter of a Pho3nix Athlete within selected Pho3nix communications and/or materials, at Pho3nix’s discretion.
- Periodic updates on the athlete’s training, development, and competition journey throughout the support period.
- An opportunity to meet the supported athlete, either in person or virtually, subject to the athlete’s availability and competition schedule.
- Invitations to relevant Pho3nix-hosted events during the sponsorship period (travel and accommodation are not included unless otherwise specified).
2.2. Any costs associated with attending events or meetings, including travel, accommodation, visas, insurance, and incidental expenses, are the sole responsibility of each Winner.
2.3. Dates for meetings, events, or athlete interactions are subject to the athlete’s training and competition commitments and may be amended by Pho3nix where reasonably necessary.
Participation and Engagement
3.1. Each Winner acknowledges that:
- The athlete’s training, travel, recovery, and competition commitments will always take priority.
- The frequency and format of updates will be determined by Pho3nix in consultation with the athlete.
- No guarantee is made that the supported athlete will qualify for, compete in, or medal at any Olympic Games, Paralympic Games, World Championships, or other sporting event.
Donation Terms
4.1. Donations are non-refundable under any circumstances, including but not limited to:
- Changes to the athlete’s competition schedule or availability.
- Injury, illness, retirement, or withdrawal from competition.
- Changes to the athlete’s selection status or sporting career.
- Dissatisfaction with the sponsorship recognition or engagement opportunities provided.
4.2. Donations are non-transferable, except with the prior written consent of Pho3nix.
Acknowledgement and Publicity
5.1. Pho3nix may publicly acknowledge the Winners unless they opt out by written notice within seven (7) days of the Auction’s conclusion.
5.2. Photographs, videos, or testimonials relating to this Donation Lot may be used by Pho3nix for promotional purposes, subject to the Winner’s consent where required.
Liability and Disclaimers
6.1. Winners acknowledge that Pho3nix cannot guarantee any athlete’s future performance, competition results, selection, or career progression.
6.2. To the fullest extent permitted by law, Pho3nix and its directors, employees, contractors, affiliates, and delivery partners disclaim all liability for any loss, damage, disappointment, or expense arising from or related to this Donation Lot, except where caused by gross negligence or wilful misconduct.
Jurisdiction and Governing Law
7.1. These Supplementary Terms shall be governed by the laws of the United Kingdom.
7.2. Any disputes arising in connection with this Donation Lot shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
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 Emma Live’s general Auction Terms and Conditions, constitute the entire agreement between Pho3nix and the Winners in relation to this Donation 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.