1.ETOPPS - INITIAL PLAYER OFFERINGS
etopps is a new brand of trading cards developed by The Topps Company, Inc. (the "Company" or "Topps") and available from the Company exclusively on the Internet. The Company will sell these cards through the etopps area (etopps.com) of the Web Site (Topps.com). Each etopps card will be sold individually (not in packs) through our Initial Player Offerings ("IPOs").
For each IPO, the Company will (in its sole discretion) determine the quantity of cards it will produce and the quantity it will offer for sale. The Company will also (in its sole discretion) determine the price at which each card will be offered for sale. etopps cards will be sold by fixed price (not auction) on the Web Site.
Each card will be available to be ordered for purchase only during a predetermined ordering period (the "ordering window"), which typically will be for approximately seven (7) days. The exact time frame will be posted at the Web Site for each IPO (for example, "Monday, November 12, 2001, 08:00 a.m. Eastern Standard Time to Sunday, November 18, 2001, 10:00 p.m. Eastern Standard Time"). The Company reserves the right (in its sole discretion) to change the time period of any ordering window, either prior to or after the window has opened.
Either at or prior to the opening of the ordering window,the Company will announce the maximum quantity of each IPO that it will sell. The Company will not sell more than the maximum quantity announced for a particular IPO. However, the Company must produce more cards than it makes available to sell, due to factors such as product waste, cards damaged in shipping, etc. The Company has taken extra precautions to reduce the likelihood that any such additional cards that are produced will be released in to the marketplace. For instance, each valid etopps card must contain a holographic 3-M security sticker on the back. If a card does not contain this sticker, it is not valid. These stickers are carefully safeguarded (separately from the cards) and are only placed on the cards at the time of shipment.
However, despite the Company's efforts, it is possible that additional cards could reach the market due to the acts of third parties. The Company is neither responsible for such acts, nor for the fact that additional cards are found in the marketplace as a result of such acts, and by entering into this Agreement, you release the Company from any liability with respect to such occurrences.
2. REGISTRATION.
Users must register prior to placing any order to purchase cards in an IPO. Users may pre-register at the Web Site by providing their name, email address, and choosing a user ID and password. Full registration is required to order cards for purchase. In addition to the information required for pre-registration, the user's billing address, phone number, and credit card information is required for full registration.
3. PLACING ORDERS.
ALL SALES ARE FINAL. ETOPPS CARDS MAY NOT BE RETURNED.
When you place an order, the Company will provide a confirmation screen to confirm your order. You understand that if you confirm your order by clicking through that screen, you have made a legally binding offer to purchase goods, which you may cancel or modify only while that IPO is still available for purchase on the Web Site. That offer is subject to acceptance or rejection by Topps. As a convenience, the Company may provide a follow-up e-mail with the details of your offer.
When you place an order, you are not guaranteed to get your order filled. If demand for the IPO exceeds the maximum card quantity available for sale, Topps will allocate etopps cards to those that placed orders in accordance with the Fulfilling Orders/Over-Subscription procedures described below.
When you place a request to cancel or modify an order, that cancellation or modification is not guaranteed. Do not assume that any order has been cancelled or modified until you have received a transaction confirmation from the Company by e-mail.
Once the IPO window has closed, your order may not be modified or cancelled, and the cards may not be returned (unless they are damaged as described below). ALL SALES ARE FINAL. ETOPPS CARDS MAY NOT BE RETURNED.
You may not place more than one order per user ID, per credit card, or per e-mail address for any individual IPO. In addition, there is a limit of three accounts per billing address.
By placing an order for any card, you represent that you are at least eighteen (18) years old and have the required legal capacity to enter into such an agreement.
4. FULFILLING ORDERS/OVER-SUBSCRIPTION.
For any IPO, if the number of cards ordered does not exceed the maximum number of cards being offered for sale, all orders will likely be fulfilled as placed (the Company may, in its discretion, still invoke a maximum quantity per order limit).
If the number of cards ordered exceeds the number of cards being offered for sale (an "Over-Subscribed IPO"), the Company will use the following procedures to process and fulfill orders:
At the conclusion of the ordering period for each Over-Subscribed IPO, the Company will employ an automated allocation formula (algorithm) to distribute the cards, as follows:
First, the Company (in its sole discretion) will set a cap on the number of cards any one user may order (the "Maximum Order Quantity"). All users who placed orders in excess of the cap will have their orders reduced to meet the Maximum Order Quantity.
eTopps cards are allocated on a first come, first served basis while ensuring each user gets one card per authorized account before a second card is distributed to the same account, no matter how many cards each user has requested.
The Company will send an e-mail to every user who placed an order setting forth the results of any over-subscription process for that user, and stating the number of cards the user has been issued, if any. The Company will bill the credit card of each user who receives an allocation of cards in an IPO upon completion of the allocation process for that IPO.
Please note that the number of cards issued (as posted on the website) may include a certain number of cards that have not been sold by Topps, but which have been retained by Topps for various purposes, including promotional giveaways. The Company reserves the right to reverse any transaction that it deems in its reasonable discretion was the result of a mistake or error.
The Company reserves the right to reverse any transaction that it deems in its reasonable discretion was the result of a mistake or error.
Due to significant increases in demand and a surge in new members our allocation process will be updated in an effort to make the platform as fair and equitable as possible. Effective immediately in situations where a specific eTopps cards experiences a hard-sell out (more unique ports than print run), eTopps reserves the right to limit cards per household to a maximum of one. Users with multiple ports will be treated as one household.
5. PERSONAL PORTFOLIOS.
You may keep your cards in your etopps Portfolio. Your Portfolio can include the cards you purchased from the Company through an IPO, and also those purchased through the etopps Trading Floor at eBay.com (see below.) Through your Portfolio, you will have password-protected access to an electronic account of your card-holdings and related information. Remember that if you sell or take delivery of cards from your Portfolio, the cards will not appear in your Portfolio, and will not be eligible for sale on the etopps Trading Floor at eBay.
At present, there is no charge to create or maintain a Portfolio on the Web Site. However, the Company reserves the right, in its sole discretion, and at any time, to impose a fee or fees, and to change those fees, for storage expenses and/or the creation and maintenance of a Portfolio on the Web Site.
In addition, the Company may, in its sole discretion, for any reason or for no reason, and at any time, either cancel the account of any particular user/account holder, or cancel the etopps program altogether. In either event, the Company shall notify the affected user/account holders promptly, and shall send the affected user/account holders all cards then in his/her etopps Portfolio (except as provided for herein), and will bill the account holder's credit card for the cost of shipping, handling and insurance. The account holder is responsible for all shipping, handling and insurance costs.
Any cards mistakenly or inadvertently deposited into one's etopps Portfolio will be subject to removal at the Company's discretion. The Company further reserves the right, at its sole discretion, to remove cards from one's Personal Portfolio it deems to have been acquired by fraudulent means.
You accept full responsibility for monitoring and safeguarding your Portfolio. You will immediately notify the Company in writing, sent by e-mail and certified mail/return receipt requested, if you become aware of any loss, theft or unauthorized use of your password or Portfolio; or any failure by you to receive a message, from the Company, indicating that an order was received; or any failure by you to receive an accurate written confirmation of an order; or any receipt by you of confirmation of an order which you did not place; or any inaccurate information in your Portfolio balances or transaction history.
If you fail to notify the Company immediately upon your knowledge when any of the above conditions occur, neither the Company nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall the Company or anyone involved in creating, producing, delivering or managing the Company's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use or inability to use the service, or for any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, the Company's liability shall not include any hypothetical gains or losses.
The use and storage of any information, including, without limitation, the password, Portfolio information, transaction activity and any other information or orders on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Web Site or related services, and for all communications service fees and charges incurred by you in accessing the Web Site or related services.
The Company does not represent or warrant that the prices listed as current prices or "Last Winning Bid" prices on the Web Site are prices at which cards have actually been sold. The "Current Price" or "Last Winning Bid Price" is the average price of the auctions that closed at the etopps trading floor on eBay in the last hour for the etopps card. The Company does not represent or warrant that you will be able to sell your cards at these (or any) prices.
6. STORAGE OF YOUR ETOPPS CARDS.
You acknowledge and agree that Topps will store your cards until you request delivery, and that part of the card price paid by you constitutes good and valuable consideration in exchange for Topps promise to store such cards for you, or to store them for a third party to whom you subsequently sell such cards.
If you have purchased your cards from a third party, your entering into this Agreement and providing the Company with certain information constitutes good and valuable consideration for the Company's promise to store your cards.
The Company will store your cards at a third party storage/fulfillment center (the "Storage Center"). The cards will be maintained in a special, high security area of the Storage Center.
Your cards are insured at the Storage Center against risk of fire and other perils commonly insured under a property insurance policy (subject to certain policy conditions and exclusions)
7. DELIVERY.
Purchased cards automatically are placed in your etopps Portfolio, described above. You can choose to leave the cards there, or you may request personal delivery. If you request personal delivery, the Company will send your order to you by UPS or other similar delivery service, and will charge your credit card for shipping, handling and insurance. Please note that only those cards which are left in the Portfolio may be sold on the etopps trading floor at eBay.
The Company will ship cards in "mint" condition (which is defined, for purposes of etopps cards, uncirculated with no more than minor flaws or imperfections), with one card per tamper-evident hard case, and with an authentication sticker on the card itself. You understand that any claim that you did not receive your cards or that your cards were damaged when received must be made (a) via e-mail, and (b) within 20 business days of your initial request for shipment.
If you did not receive your cards (i.e. they are lost in shipment), and you report such loss within 20 business days of your initial request for shipment, the Company will assist you in filing a claim with UPS, and will pay to you any amounts (if any) that are paid by UPS as a result of such claim. The Company, however, does not represent or guarantee that UPS will pay any such claims, nor does the Company warrant that any payments will be based on the actual or fair market value of your cards. Any such payments are subject to UPS terms and conditions, which generally pays claims based upon the lower of the actual product cost or replacement value, but not to exceed $100 per shipment. The Company is not responsible for lost, delayed, damaged or mishandled shipments. To help guard against late shipments or loss, the Company recommends UPS Next Day Air with signature required. In the near future, the Company expects to offer additional, insured delivery options for high value cards.
If you claim that the cards were received in damaged condition, you must report such damage within the time limit, using the form in the Replacement Cards section of the etopps web site. Upon receipt of your damage report, the Company will send you a pre-paid shipping label, to be used by you to return the card(s). All such claims will be investigated by the Company upon receipt of the returned card(s). For claims that are substantiated, the Company will, at its option, either replace the card(s) or pay you the then fair market value of the cards, as determined in the reasonable discretion of the Company.
Some cards may not be available for delivery promptly upon conclusion of the ordering period. Prior to accepting orders for such cards, the Company will post a notice at the Web Site advising users when such cards are expected to be available for delivery.
The recipient is responsible for taxes and/or duty charges. Your order may be subject to import duties and taxes which are determined and collected by the country of destination. These charges are based upon the value of the merchandise entering the country. We have no control over the amounts charged and cannot predict what they may be. UPS will charge the recipient all applicable duty, taxes, and/or brokerage fees at time of delivery.
8. ETOPPS TRADING FLOOR AT EBAY.
You must retain your cards in your etopps Personal Portfolio in order to sell your cards on the etopps Trading Floor at eBay. The Company will not honor a request for personal delivery of a card that has been offered for sale on the etopps trading floor at eBay while the auction is pending. Your card will be put "on hold", that is, it will be inaccessible to you while an auction of that card is pending. The winning bidder must register with etopps in order to claim his card only after etopps has sent him the claim code.
All transactions on the etopps Trading Floor at eBay require that both the buyer and seller be registered with eBay. Transactions on, and use of, eBay.com are subject to eBay's terms and conditions, including payment of any and all eBay costs, fees and commissions. You will be required to provide your eBay user name and password to the Company in order to list them on the etopps Trading Floor at eBay. The Company is not responsible for any transactions in which you may be involved on the etopps Trading Floor at eBay, nor does the Company represent that the etopps Trading Floor at eBay will continue to operate or be available at any time.
You understand that the Company does not guarantee the timeliness, sequence, accuracy, completeness, reliability, or content of pricing information on the etopps Trading Floor, or messages disseminated to or by any party. You understand that the Company does not warrant that the service will be uninterrupted or error-free. You agree that your use of the website or any service of the Company is at your sole risk. The services of etopps.com are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
You, as the seller, are solely responsible for notifying the Company to transfer the cards that were sold from your Portfolio to the buyer's portfolio. The Company shall have no liability for, and you agree to indemnify and hold the Company, its officers, directors, employees, agents, affiliates and subsidiaries harmless from and against any claims resulting from or arising out of, either directly or indirectly, the processing of any transaction pursuant to the terms of instructions the Company receives from you. The Company is entitled to rely on any instructions it receives from you, after it has confirmed that the user name and password are correct, without additional confirmation that such instructions were authorized or sent by you.
9. PERFORMANCE BONUS GAME
Click here
to see the Official Rules regarding the Performance Bonus Game. These
Official Rules
are incorporated herein by reference.
10. ETOPPS GAMES
Click here
to see the Official Rules regarding the etopps Games. These
Official Rules
are incorporated herein by reference.
11. ETOPPS AUTOGRAPH PROGRAM
Click here
to see the Official Rules regarding the etopps Autograph Program. These
Official Rules
are incorporated herein by reference.
