|Terms and Conditions
YOUR PARTICIPATION IN THE MOMENTS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
- To participate in the Moments Program you must be a Starwood Preferred Guest (SPG) member and you must have a spg.com username and password. To enroll in SPG or to obtain a user name or password, please go to spg.com.
- The only accepted method of payment for the Moments Program is Starpoints.
- You may only bid on items and experiences made available through a Moments Program auction, if you have a sufficient number of Starpoints in your SPG member account. You may not bid on multiple auctions unless you have a sufficient number of Starpoints in your SPG member account. Additional Starpoints may be purchased here.
- If a bid is placed during the last five minutes of any Moments program auction, the scheduled closing time thereof shall be automatically extended for an additional five minutes from the time of the last bid. The auction will close one all bidding activity has stopped for a period of five minutes.
- The winner of each Moments Program auction will be determined by Starwood or its designee in their sole discretion based upon the highest bid received prior to the final closing time of such auction.
- If you are the winning bidder, Starpoints will be deducted automatically from your SPG account upon completion of the Moments Program auction, and you will receive notification of your winning bid via telephone, email, or mail.
- All purchases made through the Moments Program are final. No refunds will be made.
- The winning bidder must comply with all terms and conditions applicable to the relevant item or experience.
- Additional fees, including government imposed fees and shipping costs, and additional terms and conditions including, redemption restrictions (e.g., blackout dates), may apply to certain items and experiences made available through the Moments Program.
- Inclusion of items or experiences in the Moments Program that have been provided by an unaffiliated entity does not imply any endorsement, sponsorship, or affiliation between Starwood and such entity.
- The winning bidder may not resell items purchased through the Moments Program, and may not assign, transfer, re-market, resell or otherwise dispose of, an experience without obtaining Starwood's prior written consent.
- All items and experiences made available through the Moments Program are being sold "AS IS" without warranties of any kind, unless expressly stated in the item description.
- Availability of all items made available through the Moments Program are subject to change, and if any item becomes unavailable for any reason after the end of the auction, Starwood reserves the right, at its discretion, to substitute a substantially similar item or refund amounts paid by the winning bidder.
- If the performance of any service or obligation of Starwood or any service provider making an item or experience available through the Moments Program, including with respect to any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond their control, Starwood or the applicable service provider shall be excused from the performance to the extent of the prevention, delay, restriction, or interference. You agree that if any of these prevent you from participating in a live experience, Starwood or the applicable service provider is not obligated to provide or recreate such live experience and Starwood reserves the right, at its discretion, to substitute a substantially similar experience or refund amounts paid by the winning bidder.
- Starwood reserves the right to correct any typographical errors including, with respect to the opening bid, and to make changes, corrections or improvements to each auction, and the description of each item, at any time without notice.
- Starwood reserves the right to disqualify any participant in the Moments Program or any auction made available pursuant to the Moments Program who tampers with or abuses any aspect of the Moments Program, or who fails to comply with any of these terms and conditions.
- Starwood and its affiliates are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate bidding information howsoever caused or other error of any kind whether human, mechanical or electronic.
- You agree to release and hold harmless, Starwood and its subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claim or cause of action arising out of participating in the Moments Program, any auction, your use or receipt of any item, or your participation in an experience, including, but not limited to: (a) personal injury, property damage or other loss or costs sustained or incurred by the winning bidder; (b) technical errors related to computers, servers, providers, or telephone or network lines; or (c) errors in the administration of any auction.
- NEITHER STARWOOD NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MOMENTS PROGRAM, OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE, THE MOMENTS PROGRAM, OR ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE SITE, PARTICIPATE IN THE MOMENTS PROGRAM, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE.
- You agree to indemnify and hold Starwood and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party. Starwood's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- Any disputes arising out of or related to the Moments Program or any auction shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York.
- Starwood may at any time amend, modify or supplement any terms and conditions applicable to the Moments Program or any auction, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.
- Any attempted or completed transfer, sale or barter of an SPG Moments experience or components of an SPG Moments experience, including but not limited to hotel stays, event tickets or event access, will be void and the SPG Moments experience will be forfeited without any refund of Starpoints to SPG Member. In addition, Starwood may cancel SPG Member's accumulated Starpoints, suspend SPG Program benefits, suspend elite membership status (including SPG Lifetime Gold status and SPG Lifetime Platinum status), or cancel an SPG Member's account at any time with immediate effect and without written notice, in Starwood's sole discretion, for any suspected transfer, sale or barter of a Moments experience or components of a Moments experience.
- Hotel stays included within SPG Moments offers earn status towards elite if the redeeming/winning member consumes the stay but do not earn Starpoints and do not count as either stays or nights toward promotional requirements