AUCTION PROCEDURES

Emeril Lagasse Foundation (ELF), its officers, directors, employees, agents, and Emeril J. Lagasse, III are not responsible for the condition, failure or misrepresentation of any lot, promise, or event. ELF is not responsible for the accuracy of the descriptions of auction lots. The descriptions incorporate, in some instances, materials or descriptions furnished by donors. Prospective bidders should make their own judgment as to the quality and value of all auction lots prior to placing a bid.

Any trips or events comprising all or part of an auction lot shall, unless otherwise specified in the description, be subject to the convenient scheduling by the donors of the lot and the successful bidder. Unless otherwise specified, winning bidders are expected to schedule the event to occur within twelve months of the auction. However, due to scheduling conflicts, some events are subject to the availability of the donor, and may take longer than one year to schedule.

All auction lots are auctioned on an “as-is” basis and each bidder shall be deemed to have made such inquiry as a prudent buyer would make as to the condition of each auction item. ELF and its auction lot donors make no express or implied warranty or representation of any kind or nature with respect to any auction item or with respect to any property included in an auction lot. No statement made in relation to the auction shall be deemed such a warranty or representation.

ELF shall have the absolute right to withdraw any auction lot, reject any auction bid, resolve disputes with reference to any auction lot or any bid on any auction lot at any time before the close of the auction lot.

No bid is valid unless received by the online bidding system. The foundation has the right and sole discretion to refuse any bid, to advance the bidding in such a manner as it may decide, to withdraw or divide any lot, and/or to combine any two or more lots. The highest bidder acknowledged by the online bidding system shall be the winning bidder. If any dispute arises after the winning bid, ELF’s records shall be conclusive in all respects. All confirmed winning bids are final and nontransferable.

Neither ELF nor the online bidding system are responsible for errors in bidding by anyone. Please be sure to bid on the correct items.

MINIMUM PARTICIPANT AGE:

All participants must be at least twenty-one years of age to participate in the auction. By registering to participate in the auction, participant acknowledges the he/she is at least twenty-one years of age.

PAYMENT AND SALES TAX:

Buyers are fully responsible for and shall pay any applicable state and local sales, use, and excise taxes as may be applicable, and which ELF may be required to collect, at the time of payment of the winning bid. ELF accepts VISA, MasterCard, AmericanExpress, and checks made payable to “Emeril Lagasse Foundation.” The winning bidder, at the close of the auction lot, is solely responsible for full payment, in United States dollars, prior to delivery of the auction lot, and no later than the close of auction.

AUCTION LOT PICKUP & SHIPPING:

Delivery and Shipping arrangements including associated shipping and insurance costs, are the sole responsibility of the winning bidder of the auction lot. In all events, title and risk of loss pass to the winning bidder upon determination of winning bid. ELF is not liable for auction lots after the winning bid is announced on the day of the auction. ELF shall have no liability with respect to the property or event or for any related matters following the passing of risk of loss to the winning bidder.

FEDERAL TAX INFORMATION:

Emeril Lagasse Foundation is classified as a tax exempt corporation under Internal Revenue Code Section 501(c)(3). Bidders may be entitled to deduct a portion of their payments for auction lots as a charitable contribution. Each bidder should consult his/her tax advisor as required by law following the auction. ELF’s federal tax identification number is 42-1536915

LEGAL:

All lots sold at ELF’s Line, Vine & Dine are subject to the provisions of Louisiana law and the regulations of the Louisiana Department of Revenue. The respective rights and obligations of the parties with respect to the conditions of sale shall be governed by and interpreted in accordance with the laws of the State of Louisiana.

MEDIA COVERAGE:

Emeril Lagasse Foundation events are widely publicized in all varieties of medium. As a condition of and in consideration for participation in any portion of ELF events, participant releases the Emeril Lagasse Foundation from any liability connected with the reproduction, adaptation, display, publication and distribution, in any and all media, whether now known or yet to be developed, of any videos, photographs, recordings or other images taken of the participant at any events regarding his/her participation in ELF events.