At VIPTix.com our goal is to make your use of this site and purchasing experience as easy and efficient as possible, so that you are quickly on your way to enjoying your event. The following Policies and Terms of Use ("Terms") are designed to ensure your understanding of the use of this site and purchase process at Primo Experiences, Inc. d/b/a VIPTix.com ("VIP TIX"). The Terms govern your use of VIP TIX and your purchase of any ticket from this site. By using or visiting this site, or purchasing tickets, you expressly agree to abide and be bound by and follow these Terms as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian. The Terms include the following provisions:
- All orders placed on VIPTix.com are considered requests until the respective seller confirms availability of the tickets, at which time our buyer guarantee takes effect.
- All sales are final; there are no cancellations, returns, or exchanges.
- If an event is cancelled you will be given a full refund less shipping charges. If an event is postponed or rescheduled your order will not qualify for a refund.
- Ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value").
- Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available.
Processing:
You understand and agree that VIP TIX is acting only as a ticket marketplace. It is an intermediary between ticket buyers and ticket sellers. Through this website, VIP TIX provides a service that allows visitors who want to buy tickets to find those tickets. If a buyer finds desirable tickets, buyer places an offer to purchase the tickets by placing an order. The buyer does so by completing the information requested. Once the buyer submits the order it is final and the buyer cannot cancel or retract the order. However, placing an order does not complete the sale. Rather, the order will be subject to acceptance and notification to you that delivery of the ticket has been confirmed by the respective seller. At that point, your credit or debit card used in placing the order will be charged and VIP TIX's consumer protection measures take affect. VIP TIX will reserve the funds on your account when your order is placed, however the funds are not captured until after the order is confirmed. Please note that the price you pay may be substantially higher than the face value of the tickets you purchase.
Ticket Purchase Policy:
The purchase price contains a service charge which has been added to the price determined by the seller of the tickets. All orders are subject to ticket availability. VIP TIX agrees to use its best efforts to procure and to deliver, prior to the date of the event, the tickets described. VIP TIX also reserves the right to replace tickets with comparable or upgraded tickets if originally ordered tickets are no longer available. Definitions of "comparable" and "upgraded" are made at the reasonable discretion of VIP TIX. Should VIP TIX fail to deliver any ticket contracted for, VIP TIX's sole obligation or liability shall be limited to the return to buyer any payments made by buyer to VIP TIX under this Agreement. VIP TIX reserves the right to cancel and refund the buyer's order at any time for any reason. Due to the large volume of ticket sellers listing tickets on our site, on very rare occasions, pricing errors do occur. Because VIP TIX acts as an intermediary between the original purchaser of the tickets and the end user of the tickets, VIP TIX shall not be liable for any pricing errors listed on this site. Furthermore, VIP TIX does not guarantee any information provided by our licensed sellers in the 'Seller Notes' area of the ticket listings. Due to the large volume of ticket sellers listing tickets on our site, locations, descriptions and pricing of similar or equal tickets may vary. It will be the buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling VIP TIX at 888-VIP-TIXX before the order is placed.
Refund Policy:
All sales are final. A full refund of the purchase price, excluding shipping charges, will be given for cancelled events. To qualify for a refund, the buyer must return their tickets to VIP TIX within 2 weeks of notice from VIP TIX offering the buyer the opportunity to return their tickets. No refunds will be given without the original tickets, unless otherwise determined by VIP TIX in its sole discretion. Postponed or rescheduled events will not be refunded. VIP TIX, in its sole discretion, will determine when an event is cancelled. Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or cancelled. It will be the buyer's responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat. VIP TIX shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation.
Denial of Admission:
A buyer that has difficulty getting into an event is required to contact us at 888-VIP-TIXX immediately for assistance. If the problem is not resolved, and the buyer is denied admission, it is the buyer's responsibility to obtain proof from the venue that they were denied entry. VIP TIX will provide the buyer with a pre-paid shipping label to use in returning the tickets and proof of denied entry provided by the venue. Upon receipt of the invalid tickets and confirmation of the proof provided that the tickets were indeed invalid, or if VIP TIX otherwise determines in its sole discretion that the ticket was invalid, the buyer, as the sole remedy, will receive a full refund of the cost of the ticket including all fees and shipping charges.
Privacy Policy:
VIP TIX uses your information only as described in VIP TIX' Privacy Policy also found on this site. View Privacy Policy
Delivery of Tickets:
In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, FedEx. However, in all cases, VIP TIX reserves the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in VIP TIX' sole discretion, Will Call at the venue box office, email (when applicable), via courier or pick up at a location outside the venue designated by VIP TIX. Certain delivery designations, such as "e-Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated, however in some cases delivery may first require additional verification or be subject to delays on behalf of the seller. It is the buyer's sole responsibility to contact VIP TIX if they do not receive tickets within 48 hours of the event. Failure to do so will disqualify the buyer from receiving a refund for any ticket the buyer claims was not delivered, unless failure to notice is waived by VIP TIX, in its sole discretion. Photo ID may be required to accept delivery.
Lost, Stolen, or Damaged Tickets
Please keep your tickets in a safe place. VIP TIX is not responsible for lost, stolen, damaged or destroyed tickets. Please note that direct sunlight or heat can damage certain types of tickets.
Payment Options:
As a buyer, you grant VIP TIX permission to charge your credit or debit card for the purchase of tickets. We accept Visa, Mastercard, Discover, American Express and PayPal. For other payment methods, please contact us at 888-VIP-TIXX.
Ticket Holder Behavior Policy:
You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you or the person using the ticket you purchased fail to abide by those rules and policies, you shall be subject to all applicable fines and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Non-Affiliations:
VIP TIX is in no way affiliated with any venue, promoter, team, league or organizing group and is not associated with any official organizer of the events for which it list tickets.
Changes in Terms and Conditions:
VIP TIX reserves the right, in its sole discretion, to change these Terms at any time. If VIP TIX changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following VIP TIX's posting of revised terms and conditions constitute your acceptance of the revised agreement.
Unlawful Activity:
VIP TIX prohibits the use of its site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through VIPTix.com for any unlawful or unauthorized purpose.
Investigations and Consequences:
A user who is the subject of a complaint or whom VIP TIX believes may have violated these Terms or applicable law will be subject to investigation by VIP TIX. User agrees to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by VIP TIX. VIP TIX reserves the right to take any action without prior notice it deems appropriate in its sole discretion including, but not limited to, canceling orders, issuing a warning, suspending or terminating service, denying access, canceling transactions, refusing to honor pending or future transactions, remove material, or exercise any other remedy available to it (including civil, criminal or injunctive redress) if VIP TIX finds, in its sole discretion, a user: (a) is unwilling to be cooperative with any investigation; (b) has engaged in any illegal, unlawful or fraudulent act or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that VIP TIX is unable to authenticate or verify. You agree that monetary damages may not provide a sufficient remedy to VIP TIX for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You agree that violations of these Terms causes damage and harm to VIP TIX in the form of, among other things, impaired goodwill, lost sales and increased expenses. You further agree that monetary damages for such injuries are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. VIP TIX reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law. VIP TIX respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: Attn: Copyright Complaints 505 Main St, Buffalo, NY 14209 or legal@VIPTix.com.
Ownership:
The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto ("VIP TIX” Property") is owned by VIP TIX and will remain the property of VIP TIX. User further acknowledges that it does not acquire any ownership rights by using the site. User may not use any VIP TIX' property in connection with any product or service that is not offered by VIP TIX, in any manner that is likely to cause confusion with VIP TIX' business, or in any manner that disparages VIP TIX. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any VIP TIX' Property without the express written permission of VIP TIX.
The content, organization, graphics, design, compilation, "look and feel" and all VIP TIX Property available on this site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
Indemnification:
You agree to indemnify, defend and hold VIP TIX, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these terms and conditions; (b) any allegation that any information you submit or transmit to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of VIP TIX; and/or (d) your activities in connection with your use of this site.
Disclaimers and Limitations on Liability:
No Warranty:
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIP TIX DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. VIP TIX DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. VIP TIX IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability:
NEITHER VIP TIX NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS). UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIP TIX AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIP TIX; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF VIP TIX, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Allocation of Risk:
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
Arbitration and Dispute Resolution:
You and VIP TIX each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this site; (iii) VIP TIX' services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable.
If either you or VIP TIX intends to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). You may download the form of this Notice here. The Intent Notice to VIP TIX should be sent to VIP TIX, Ltd., Attention: Litigation Department, 505 Main St, Buffalo, New York 14209. VIP TIX will send any Intent Notice to you at the physical address listed on your registration for the use of this site. If you and VIP TIX are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or VIP TIX may initiate an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, as modified by this agreement to arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA's website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed from to VIP TIX at the following address: VIP TIX, Ltd., Attention: Litigation Department, 505 Main St, Buffalo, New York 14209
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, VIP TIX will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by VIP TIX should be submitted by mail to the AAA along with the Demand for Arbitration and VIP TIX will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse VIP TIX for all fees associated with the arbitration paid by VIP TIX. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify VIP TIX in writing within thirty (30) days of the date that you first access the site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with VIP TIX through arbitration. Written notification should be mailed by certified mail to: VIP TIX, Ltd., Attention: Litigation Department, 505 Main St, Buffalo, New York 14209.
YOU AND VIP TIX AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND VIP TIX ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND VIP TIX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER VIP TIX' USERS.
For transactions involving tickets to events in New York, pursuant to NYACA § 25.01 – 25.35, Buyers and Sellers may elect to submit complaints against one another to the AAA, under its rules and procedures. Such Complaints shall be decided by an independent arbitrator in accordance with these Terms and Buyers and Sellers further agree to submit to the jurisdiction of the State of New York for complaints involving a ticket event held in New York.
Modification:
VIP TIX has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice. If VIP TIX changes these Terms, it shall post a revised version of terms and conditions on the site, which automatically replace the replaced terms and conditions. Your use of the site and the services following VIP TIX' posting of a revised Terms will constitute your acceptance of the revised terms and conditions. If you do not agree with the revisions, do not continue to use the services or the site.
Force Majeure:
VIP TIX shall not be deemed in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by VIP TIX' default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under VIP TIX' control.
Additional Provisions:
No agency, partnership, joint venture or other relationship is intended or created by your use of the site. If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
VIPTIX #NFLTIXGIVEAWAY SWEEPSTAKES - TERMS & CONDITIONS
VIPTIX
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Sweepstakes: 9/21/19 VIPTIX Sweepstakes (“Sweepstakes”).
- Sponsor: VIPTIX d/b/a Primo Experiences, Inc., 505 Main St., Buffalo, NY 14203 (“Sponsor”).
- Acknowledgement: As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by the 9/21/19 VIPTIX Sweepstakes Official Rules (“Official Rules”), the General Rules for all sweepstakes and contests offered by Sponsor, the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes, the Official Rules, or the General Rules, which are incorporated herein by reference.
- Entry Period: The Sweepstakes begins at 9:00:00 a.m. Eastern Time (“ET”) on 9/21/19, and ends at 11:59:00 p.m. (ET) on 10/06/19, (the “Entry Period”). Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes.
- Twitter® Disclaimer: As condition of participating in the Sweepstakes, you agree and acknowledge that Twitter, Inc. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the Twitter Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not the Twitter Group. You also agree that as a condition of participating in the Sweepstakes, you shall release the Twitter Group from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.
- How to Enter: There is one (1) method of entry for the Sweepstakes. In order to participate, you must be a registered user of and follow @VIP_TIX” and @REBBECCAGRANTS on www.Twitter.com. To become a registered user, visit www.Twitter.com and complete the onscreen instructions to sign up for an account. To “follow” @VIP_TIX on www.Twitter.com, login to your Twitter account and select “Find People” from the tool bar at the top of the homepage. When the search box appears, enter “@VIP_TIX” and @REBECCAGRANTS then click on the “Search” button. Select “Follow” when the @VIP_TIX and @REBECCAGRANTS icon appears.
During the Entry Period, Sponsor will send a “tweet” asking @VIP_TIX followers to retweet (the “Sweepstakes Tweet”), follow @VIP_TIX and @REBECCAGRANTS on Twitter and reply directly (to the “Sweepstakes Tweet”) with the user’s VIPTIX username and
Limit One (1) entry per person per Entry Period, regardless of the method of entry. Anyone found to be using multiple accounts to enter the Sweepstakes or submitting multiple Tweets in violation of the Twitter Rules & Policies will be deemed ineligible and all of his or her entries may be deemed void. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Proof of retweeting the Sweepstakes Tweet does not constitute proof of receipt or entry into the Sweepstakes. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
- Prizes and Odds: Odds of winning depend on the number of eligible entries received during the Entry Period.
Prize Period
No. Of Winners Of Each Prize
Prize Description
Approximate Retail Value
Two
Football Game Tickets
$200.00
Total Approximate Retail Value of All Prizes
$200.00
- Selection of Winner(s): On or about 10/06/19, (2) potential winners – 2 correct responses chosen at random – will be selected by Sponsor from among all eligible entries received during the Entry Period.
10. The potential winner(s) will be notified by Sponsor as soon as practicable following the end of the Entry Period. Sponsor will notify the potential winner(s) by sending a “direct message” to the potential winner(s) registered Twitter.com account. If a potential winner cannot be contacted or does not respond within 20 minutes, an alternate potential winner may be selected. Sponsor’s decisions are final on all matters relating to this Sweepstakes.
- Questions: If you have any questions regarding the Sweepstakes, send an e-mail toorders@VIPTIX.com with the subject line 10/06/19 VIPTIX Sweepstakes Question”.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER, INC. THE INFORMATION YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL RULES AND SPONSOR’S PRIVACY POLICY, AVAILABLE AT https://viptix.com/super-bowl-2020-site-privacy-policy.html
VIPTIX GENERAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Conflict Between Rules: The VIPTIX General Rules (“General Rules”) apply to all sweepstakes and contests offered by Sponsor (as defined in the Official Rules) unless modified or superseded by the rules for a specific sweepstakes or contest (the “Official Rules”). In the event that any provision of the Official Rules conflicts with any provision of the General Rules provided herein, the terms of the Official Rules shall prevail with respect to such matter. Sponsor reserves the right to interpret the rules of any sweepstakes or contest at its sole discretion, and such interpretation shall be binding upon all participants.
- Entry Restrictions: Any forms of entry other than those described in the Official Rules, including but not limited to multiple submissions, submissions using a false identity, submissions made on behalf of another individual, or submissions made through the use of a device or artifice to generate multiple submissions are void. False or deceptive submissions or acts will render an entrant ineligible to participate and Sponsor reserves the right to disqualify any entrant who attempts to undermine the legitimate operation of the sweepstakes or contest, acts in a disruptive manner, or violates these General rules or the applicable Official Rules. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the entry. Authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. Sponsor reserves the right to require entrants to show proof of being the authorized account holder. All entries become the property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.
- Selection of Winners: The potential winner(s) for a given sweepstakes or contest will be determined from all eligible entries received during the Entry Period and notified according to the Official Rules for the respective sweepstakes or contest. In the event that a sweepstakes or contest has multiple prize periods, entrants may enter more than one (1) prize period, but winner(s) will NOT be eligible to win prizes in subsequent prize periods and non-winning entries will NOT be carried forward to subsequent prize period drawings.
- Winner Verification: The prize winner(s) are only potential winner(s) and are subject to verification of eligibility and compliance with these General Rules and the applicable Official Rules. Except where prohibited by law, potential prize winner(s) may be required to complete and return an affidavit of eligibility and liability and publicity release (“Affidavit”) within the time period set forth in Sponsor’s notification. In the event: (i) a potential prize winner cannot be reached for whatever reason after a reasonable effort has been exerted or a winner notification or Affidavit is returned as undeliverable; (ii) a potential prize winner declines or cannot accept, receive or use a prize for any reason; (iii) of noncompliance with the above or within any of the applicable time periods; (iv) a potential prize winner is found to be ineligible to enter the sweepstakes or contest or to receive a prize; (v) a potential prize winner cannot or does not comply with these General Rules and/or the applicable Official Rules; or (vi) a potential prize winner fails to fulfill the Affidavit-related obligations, such potential prize winner may be disqualified from the sweepstakes or contest and an alternate potential prize winner may be selected, at Sponsor’s sole discretion, even if the disqualified potential prize winner’s name has been publicly announced. If Sponsor decides to select an alternate potential prize winner, the alternate will be determined from all eligible entries received during the Entry Period and notified according to the Official Rules for the respective sweepstakes or contest. Sponsor reserves the right to repeat this process until an alternate potential prize winner complies with the verification of eligibility requirements. Sponsor also reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate prize winner, if any.
ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES OR CONTEST, ANY CHANGES TO THESE GENERAL RULES OR THE OFFICIAL RULES, AND THE SELECTION OF THE POTENTIAL PRIZE WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE SWEEPSTAKES OR CONTEST.
- Prize Restrictions: Each prize will be awarded only if the potential prize winner fully complies with these General Rules and the applicable Official Rules. All prize details are at the sole discretion of Sponsor and any depiction of the prizes, in sweepstakes or contest materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for a prize will be made. Sponsor reserves the right, at its sole discretion, to substitute any prize for another prize of equal or greater value for any reason.
Sponsor shall have no responsibility or obligation to a prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize their prize. In the event of non-compliance with these General Rules or the applicable Official Rules, or if a prize is unclaimed or returned as undeliverable, the prize will be forfeit. A forfeited prize may be awarded to an alternate potential prize winner, at Sponsor’s sole discretion. Taxes and fees, if any, are the sole responsibility of the prize winner(s). Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.
ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating in a sweepstakes or contest offered by Sponsor or accepting a prize, you grant Sponsor and/or Sponsor’s designees the right to use your name, photograph, likeness, statements, biographical information, voice, city and state address, and other identifying information for advertising and promotional purposes for the sweepstakes or contest in which you participated as well as other advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission. By participating in a sweepstakes or contest offered by Sponsor, you acknowledge that you will be sharing your personal information with Sponsor and you agree that Sponsor may use your personal information for marketing and other purposes. You may opt out of notices from Sponsor regarding future promotional or marketing offerings by following the opt-out procedure set forth below.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER’S LIST.
- Choice of Law and Disputes. The sweepstakes or contest will be governed by the internal laws of the Commonwealth of New York. Any and all legal actions or claims arising in connection with the sweepstakes or contest must be brought in a court of competent jurisdiction within the Commonwealth of Buffalo, NY. Except where prohibited by law, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the sweepstakes or contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Buffalo, NY; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (iii) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (iv) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
- Conditions of Participation and Limitations of Liability. By participating in a sweepstakes or contest offered by Sponsor, each entrant accepts the conditions stated in these General Rules and the applicable Official Rules, agrees to be bound by the decisions of Sponsor, and warrants that s/he is eligible to participate in the respective sweepstakes or contest.
By participating, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the sweepstakes or contest, and each of its and their directors, employees, officers, and agents from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the sweepstakes or contest, including without limitation (i) the administration of the sweepstakes or contest, such as typographical, printing, seeding, human or other errors relating to or in connection with the sweepstakes or contest, the processing of entries, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials and/or (ii) entrants’ participation in a sweepstakes or contest offered by Sponsor or their acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the sweepstakes or contest or any sweepstakes or contest-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy. liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize or participation in any prize-related activities.
Sponsor reserves the right at its sole discretion to disqualify any individual who is found to be (i) acting in violation of these General Rules and the applicable Official Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the applicable sweepstakes or contest, or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with a sweepstakes or contest as contemplated in the applicable Official Rules by any event beyond its control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then Sponsor shall also have the right to modify, suspend, extend or terminate the respective sweepstakes or contest. In the event that a sweepstakes or contest is terminated, cancelled, or postponed for any reason whatsoever, the ARV of the prize(s) will be awarded to the extent required by law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES OR CONTEST OFFERED BY SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Privacy Policy: Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy, available at https://www.VIPTIX.com/help/privacynotice. Any questions regarding privacy matters should be directed to the address set forth in the applicable Official Rules for important information regarding the collection, use, and disclosure of personal information by Sponsor.
- OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding future promotional or marketing offerings, send your name and address to VIPTIX, 505 Main St., Buffalo, NY 14203,
Attn: VIPTIX Opt-Out.