PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
- This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the “Holder”), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Women’s National Basketball Association and/or its affiliates (the “WNBA”), and any operator of the venue or related venue grounds (including, without limitation, parking areas and entry gates) (the “Venue”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Venue, the Holder is deemed to have read all such terms and agreed to be bound by them.
- Due to the uncertainty related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”), this ticket and the Holder’s admission to the Venue are subject to all safety and health requirements and policies put in place by the WNBA and Venue, including any requirements relating to facemasks and/or enhanced health screenings (which may include a requirement that the Holder, and any person for whom the Holder obtains a ticket or is in the Holder’s party, be tested for and/or vaccinated for COVID-19 prior to the Event) and those policies and requirements described in the Supplemental Terms. Such policies and requirements as they may be updated from time to time (in the sole determination of the WNBA and/or Venue) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Venue personnel or signage in or around the Venue, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
- The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such individual will not attend the Event if, within the prior 14 days, any such individual has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)), any one or more of the following is true on the day of such Event:
- Within the prior 14 days, any such individual was exposed to someone who has tested positive for COVID-19;
- Within the prior 48 hours, any such individual has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)); anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending; or
- Within the prior 14 days, any such individual has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
- IN NO EVENT SHALL THE WNBA OR VENUE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET.
- The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the WNBA.
- Breach of any of these terms and/or failure to comply with Safety Requirements or WNBA and/or Venue rules shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the WNBA to withdraw the ticket, refuse admission to the Venue, or eject the Holder from the Venue, and subject the Holder to all legal remedies available to the WNBA and/or Venue.
- The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described ABOVE) can eliminate the risk of exposure to COVID-19. COVID-19 is an extremely contagious disease that can lead to severe illness and death. While people of all ages and health conditions have been adversely affected by COVID-19, certain CATEGORIES OF people have been identified by public health authorities as having greater risk based on age and underlying medical conditions. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
- On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Venue or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
- “Released Parties” means: (i) the WNBA and its teams, and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Venue; (iii) all third parties performing services at the Venue, including, without limitation, Emerald X, LLC; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
- The Holder and the Holder’s belongings may be searched upon entry into the Venue and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the WNBA and/or Venue, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the WNBA or Venue. If the Holder elects not to consent, the Holder will be denied entry into the Venue.
- The Holder grants permission to the WNBA (and its designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the WNBA permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
- Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the WNBA or Venue, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to WNBA, 645 Fifth Avenue, New York, New York 10022, Attn: General Counsel. The Holder and the WNBA and/or Venue agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in New York City, New York conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the WNBA is engaged in transactions involving interstate commerce with respect to the Event). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, VENUE AND THE WNBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE.
- Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
- If any provision or part of these terms or the Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Supplemental Terms remain valid and binding.
WNBA ALL-STAR WEEKEND TERMS AND CONDITIONS
60 SECOND CHALLENGE GIFT CARD PRIZE
Gift cards cannot be combined with any other offer or promotional offer. Except where required by law, cannot be redeemed for cash or cash equivalent, reproduced, modified, sold, traded, refunded or replaced if lost or stolen. Not valid on previous purchases or at any other location (including the NBA Flagship Store on 5th Avenue in New York City). No cash back. All purchases on WNBAStore.com are subject to the WNBAStore.com terms and conditions, which may change at any time. WNBAStore.com also reserves the right to change the terms and conditions applicable to voucher codes at any time. Void where prohibited. Fulfillment of this offer is the sole responsibility of Fanatics Retail Group Concessions, LLC
WNBA All-Star Experience Card Member Fast Lane
American Express® Card Members will have access to a designated fast lane for the American Express WNBA All-Star Experience at WNBA Live from 12pm-8pm PST on July 14th – July 15th, 2023. Hours of operation may vary and are subject to change. To gain entry via the American Express Card Member Fast Lane, you must present the guest services representative with an eligible American Express Card. American Express Prepaid Cards do not provide access to the fast lane. American Express Card Members may have up to three (3) guests admitted with them through the fast lane, subject to capacity limitations. Access will be provided on a first come, first serve basis.
Card Member Shoe Tag Redemption Offer
Each Card Member and up to three (3) guest(s) who access the American Express WNBA All-Star Experience at WNBA Live will receive a wristband, while supplies last. The tab on each wristband is redeemable for one (1) engraved dubrae at the designated Card Member desk inside the American Express WNBA All-Star Experience. There will be a selection of colors and designs from which Card Members and their guests can choose, while supplies of same last. Limit one (1) dubrae pair per person. Dubraes are provided “as is” with no warranty or guarantee. Dubraes have no cash value. Offer may be modified or discontinued at any time.
Offer: 10% Always-On Card Member Merchandise Discount
Receive 10% off in-stock merchandise when you use an American Express® Card (excluding American Express Prepaid Cards) to pay for your purchase at participating WNBA retail locations at WNBA Live and WNBA All-Star at Michelob Ultra Arena during WNBA All-Star weekend (July 14th – 15th, 2023). Discount will not be applied to taxes or any other fees or services. Discount not valid on previous purchases and cannot be combined with any other offer. Discount has no cash value. Offer may be modified or discontinued at any time without notice. Fulfillment of this offer is the responsibility of Rank + Rally and/or its designated third-party service provider(s), at Rank + Rally’s and the WNBA’s discretion.