Commemorative Air Force

SUMMARY ENGLISH AUCTION

1. SUMMARY ENGLISH AUCTION
“1957-2007” 50th Anniversary CAF “Commemorative Air Force Edition” Motorcycle

A. The Commemorative Air Force of Midland Texas has commissioned the building of a one-of-a-kind, classic motorcycle. This 50TH ANNIVERSARY BIKE (Rally Bike) will be put up for auction in a silent ENGLISH AUCTION process starting July 9, 2007 at the National Patriotic Rally at Caesars Palace, Vegas. The bike will be auctioned off to the highest bidder in this process which continues through December 17, 2007. Proceeds benefit the CAF, a 501(C)3 not-for-profit organization.

B. English auction: This type of auction is commonly used by the English auction houses like Sotheby's, Christie's and Phillips. Participants submit written bids for an item, with the item ultimately being sold to the highest bidder. The auction ends when no participant is willing to bid further, or when a pre-determined date is reached, at which point the highest bidder pays the price. The seller may set a 'reserve' price and if the auction fails to have a bid equal to or higher than the reserve, the item remains unsold. This reserve price has been set at $45,500.00 U.S.D.

2. AUCTION PERIOD
Bids will be accepted anytime during the period JULY 9 THROUGH DECEMBER 17, 2007 (The 50th Year). The highest bidder will be announced on or before December 18, 2007. Winner will be contacted by phone and mail using the information provided on the official Rally Bike entry form.

3. ELIGIBILITY

A. Bidders: (i) must be at least 18 years of age and (ii) must voluntarily complete and submit the Rally Bike entry form by December 17, 2007. This bid entry form is available through various means which include: on site, Internet and mail.

B. Employees of the CAF are not eligible. Void anywhere outside of the United States and where otherwise prohibited, taxed or restricted. This private auction is governed by and subject to all applicable U.S. federal, state and local laws and regulations.

4. HOW TO ENTER AND BID

A. The auction will be ENGLISH AUCTION style (Open Bid) as defined by Wikipedia, the free online encyclopedia http://en.wikipedia.org/wiki/Auction . Open Bid means: All bidders will have access to the highest bid. Offers made in this auction will be made public and may be open to view by the public.

B. Prospective bidders will fill out the RALLY BIKE OPEN BID ENTRY FORM accompanying the display of the bike at the National Patriotic Rally in Las Vegas, Nevada, or other locations on the “Rally Bike Tour” through December 17, 2007. Bidders will fill out the form in its entirety or are subject to disqualification.

C. The entry form is a pledge or promise to pay if selected as the “highest bidder”.

D. The minimum bid for this auction has been established as $45,500.00 U.S.D. This is the totality of the floor value of the new motorcycle plus the cost of the customizations and accessories done to date.

E. Bids are to be made in increments of $500.00 above the minimum bid of $45,500.00. Such examples are $45,500.00, $46,000.00, $46,500.00 etc.

F. The last two weeks of auction will be completed on EBAY (www.ebay.com). The highest bid submitted to the CAF at that point will be entered Friday, December 7, 2007 by a CAF staff member. Subsequent bids received at CAF will also be entered on EBAY.

G. Alternately, bidders may go to www.commemorativeairforce.org on or before December 17, 2007 to view pictures of the motorcycle, print out and submit a bidding form by mail. The CAF is not responsible for misdirected or illegible bids.

H. Applicable taxes, registration fees and/or other fees are the responsibility of the highest bidder once the Rally Bike has been awarded. Highest bidder is responsible for the cost of, and must arrange final transportation of, the Rally Bike from its location no later than January 31, 2008.

I. The Rally Bike will continue its “50th Anniversary” tour to various CAF-approved locations subsequent to the unveiling at The National Patriotic Rally and will continue this tour through December 17, 2007 to promote the auction, the CAF and its programs. Additional opportunities are available to bid on the bike at each of the locations. These locations will be announced through the CAF Web site, “Contrails,” “The Dispatch,” on-site displays and, perhaps, local media and print.

J. All entries become property of CAF and will not be returned or acknowledged. Incorrect, incomplete, late or any type of defective entry will be automatically disqualified. For name of winner (after Dec. 18, 2007) and/or rules, please send a self-addressed, stamped envelope to: CAF, PO Box 62000, Midland Texas 79711 Attn: 50th Anniversary Motorcycle.

K. PUBLICITY
At the sole discretion of the CAF, the highest bidder may be required to sign an Affidavit of Eligibility and Release of Liability/Publicity Release within seven (7) days of the date that CAF notifies him or her of the winning bid or he/she may be disqualified and the next highest bid will be selected as described above. Highest bidder must meet all criteria in these Rules or face forfeiture of the RALLY BIKE based upon the sole discretion of CAF. Except where prohibited by law, entry in the bidding constitutes express permission to use bidders name, likeness, hometown, and RALLY BIKE for promotional purposes without further compensation. However, acceptance of the RALLY BIKE is not conditioned on CAF’S ability to use highest bidder’s name.

L. WARRANTY DISCLAIMER/RESERVATION OF RIGHTS
Winner acknowledges that CAF, its affiliated companies, Sponsors, their clients, and their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies and their respective employees and agents do not make, nor are in any manner responsible or liable for, any warranties, representations, guarantees (expressed or implied) in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspects of the auction or the Rally Bike.
CAF or Sponsors may terminate the auction or any portion thereof or decide to modify it in any manner, which it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the security, fairness or proper play of the auction. CAF may prohibit individuals from participating in the auction and disqualify entries if: (i) participants attempt to enter the auction through any means other than as described in these Rules; (ii) participants attempt to disrupt the auction or circumvent the terms and conditions of these Rules in any way; or (iii) participants repeatedly show a disregard for the auction rules. CAF and Sponsors expressly reserve the right to resolve any discrepancies, disputes or otherwise unforeseen circumstances, and CAF and Sponsors’ decision will be final. CAF and Sponsors expressly reserve the right to change or alter Rules at any time.

M. LIMITATION OF LIABILITY
Neither CAF, its affiliated companies, Sponsors, their clients or their respective parent companies, affiliates, subsidiaries, divisions, advertising, or promotion agencies nor their respective employees and agents shall be responsible for any technical, hardware or software malfunctions; interruptions or unavailability; failed transmissions over any telephone network or telephone lines; failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this auction; computer online systems, servers or providers; computer equipment; software; failure of any e-mail or bid to be received by CAF due to technical problems; human error or traffic congestion; unavailable network connections on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this auction or downloading any materials from CAF’s Web site during this auction. By participating in this auction, all entrants agree to release CAF; its affiliated companies; Sponsors; their clients and their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies and their respective employees and agents from any and all liability for any loss, harm, damages, costs or expenses of any kind, including without limitation property damages, personal injury and/or death arising out of participating in this auction or the acceptance, possession, use or misuse of the RALLY BIKE or while preparing for, participating in and/or traveling to or from any auction related function and claims based on rights-of-publicity, rights of privacy, defamation or RALLY BIKE delivery. By entering the auction, participants agree to be bound by these Rules and the decisions of CAF and Sponsors. Information collected by CAF and/or Sponsors during this auction will be used to promote further CAF and Sponsors interests and initiatives subject to CAF Privacy Policy.

N. ADDITIONAL INFORMATION
For additional information regarding this auction, email lconrad@cafhq.org.

O. SUPPORTING DATA:
Nothing in Texas law prohibits the CAF from engaging in such activities.
OCCUPATIONS CODE
CHAPTER 2002. CHARITABLE RAFFLES/AUCTIONS/SUBCHAPTER A. GENERAL PROVISIONS
§ 2002.001. SHORT TITLE. This chapter may be cited as the Charitable Raffle/Auction Enabling Act.
§ 2002.002. DEFINITIONS. In this chapter:
- (1) "Charitable purposes" means:
  - (A) benefiting needy or deserving persons in this state, indefinite in number, by:
    - (i) enhancing their opportunities for religious or educational advancement;
    - (ii) relieving them from disease, suffering, or distress;
    - (iii) contributing to their physical well-being;
    - (iv) assisting them in establishing themselves in life as worthy and useful citizens; or
    - (v) increasing their comprehension of and devotion to the principles on which this nation was founded and enhancing their loyalty to their government;
  - (B) Initiating, performing, or fostering worthy public works in this state; or
  - (C) enabling or furthering the erection or maintenance of public structures in this state.
- (2) "Qualified organization" means a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.
- (3) "Qualified religious society" means a church, synagogue, or other organization or association organized primarily for religious purposes that:
  - (A) has been in existence in this state for at least 10 years; and
  - (B) does not distribute any of its income to its members, officers, or governing body, other than as reasonable compensation for services or for reimbursement of expenses.
- (4) "Qualified volunteer emergency medical service" Means an association that:
  - (A) is organized primarily to provide and actively provides emergency medical, rescue, or ambulance services;
  - (B) does not pay its members compensation other than nominal compensation; and
  - (C) does not distribute income to members, officers, or governing body other than for reimbursement of expenses.
    other than for reimbursement of expenses.
- (5) "Raffle" means the award of one or more prizes by chance at a single occasion among a single pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win a prize.