BY CLICKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY.
1.All admission tickets issued by the PGA of America (“PGA”) granting access to the 2020 KitchenAid Senior PGA Championship (the “Championship”) are licenses that may be revoked by the PGA or the PGA Tournament Corporation, Inc. (“PTC”) in their sole discretion for any reason or no reason at all. Subject to the terms below, ticket holders sole remedy in the event the PGA or PTC revokes your ticket of admission for the Championship shall be a refund of the purchase price of the ticket paid to the PGA, less any applicable taxes and fees.
2.Any dispute arising out of or relating to this Agreement, or the breach thereof, shall be resolved by individual arbitration administered by JAMS in accordance with its rules, as modified herein. The place of arbitration shall be Florida, provided, however, that if requested by the ticket holder, the arbitrator shall schedule an in-person hearing in the ticket holder’s hometown area for the ticket-holder’s convenience. All JAMS Case Management Fees and all professional fees for the arbitrator’s services shall be borne by whichever of the PGA or the PTC that is a party to the arbitration (or both), except that when a ticket holder initiates arbitration, the ticket holder shall be required to pay a $250 fee to JAMS. The existence and content of the arbitration shall be confidential and shall not be disclosed by any party except to the extent required by law. By agreeing to individual arbitration, you acknowledge that you will not be able to have a court or jury trial, or participate in a class action or class arbitration. Other rights that you would have in court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by resolving all disputes arising out of or relating to this Agreement, or the breach thereof, through individual arbitration, you WAIVE THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. Notwithstanding the foregoing, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
3.Ticket holders shall carry, and where possible display, their ticket at all times during the Championship.
4.For security or other purposes consistent with the license granted by ticket of admission, ticket holders consent to the appropriate inspection of his/her person and property before entering and/or during the Championship.
5.Ticket holders assume all risk and danger incidental to the game of golf and holder’s attendance at the Championship and related activities, from all known and unknown causes and obvious and hidden conditions, including, but not limited to, injuries resulting from being struck by misdirected golf balls and/or falls on the course and surrounding areas, and release the PGA, PTC, TPC Harding Park, participating players and each of their respective Officers, Directors, Employees, Agents, Members and Affiliates from any and all liabilities from any such cause.
6.Ticket holders (on their behalf and on behalf of any minors accompanying them to the Championship) grant PGA, PTC and any of their authorized third parties the irrevocable, transferable, perpetual right and license to use their name, voice, image and likeness recorded or captured in connection with the Championship for any purpose and in any medium (whether now known or hereafter created).
7.Ticket holders agree not to capture, collect, transmit, distribute, publish, or sell any account, description, reproduction, video (live or recorded), audio, photograph, scoring-related data or statistic of, from or at the Championship on any day of the Championship throughout the Championship site, including any practice round (“Championship Content”), for any purpose except as expressly permitted in this Agreement. PGA is the sole owner of, and ticket holders assign to PGA, all right, title and interest in and to all Championship Content, including all copyrights and rights to use all Championship Content, subject to permission from PGA to capture and distribute certain Championship Content on the limited terms set forth in this Agreement.
8.Ticket holders may capture video, audio, and photographs at the Championship on any day of the Championship throughout the Championship site (including, for clarity, competition areas on competition days), consistent with all posted rules and instructions of the PGA and/or Championship Marshals and Officials. Ticket holders may not use such video, audio, and photographs for commercial purposes and may not distribute such content on a live or near-live basis (i.e., no live streaming) or use such content to create a real-time, stroke-by-stroke or hole-by-hole account of the Championship. Further, ticket holders shall not use or authorize others to use any such content or other Championship Content for any commercial or promotional purpose, or for or in connection with a media outlet (directly or indirectly) unless the ticket holder and the media outlet have received official media credentials for the Championship from PGA.
9.Upon reasonable request by PGA, at PGA’s cost and expense, ticket holders will sign any documents necessary to effect PGA’s ownership of all Championship Content.
10.For the avoidance of doubt and without limiting the foregoing, ticket holders agree not to capture, collect, transmit, distribute, publish, or sell any Championship Content (including any scoring, statistical, competition or other data at or from the Championship) for purposes of any betting or gambling-related activity.
11.Ticket holders agree to follow the guidelines of Golf Mode while onsite. Adhering to Golf Mode includes mobile devices set to silent or vibrate, including but not limited to ringer and notifications/alerts, and camera flash turned off.
12.You acknowledge that Championship tickets shall be for the exclusive use of you and your guests. You acknowledge that any resale or repackaging of tickets without prior written consent of the PGA is expressly prohibited, inclusive of but not limited to including tickets in travel and/or hospitality packages or sweepstakes or commercial promotion. You and all ticket holders agree to adhere to any other rules, guidelines, or codes of conduct established by PGA or PTC in advance of, or at, the Championship.
13.There shall be no refunds, rain checks, exchanges or replacement of tickets if at least five (5) cumulative hours of play are held on the day specified on this ticket. If there are fewer than five (5) cumulative hours of play on the day specified on this ticket due to an act of God or other matter beyond the control of the PGA, the PTC and the PGA reserve the right, in their sole discretion, to provide ticket holders with one of the following: (i) a full refund of the purchase price of the ticket paid to the PGA, (ii) a partial refund of the purchase price of the ticket paid to the PGA, or (iii) the opportunity to attend a rescheduled event or exchange tickets for a comparable ticket to a different day in the Championship. To the extent that you have purchased entrance into an upgraded spectator facility that is not otherwise available to the general Championship attendees, any refund or ticket exchange shall be limited to the portion of the ticket that provides access to the grounds, unless the upgraded spectator facility that is not otherwise available to the general Championship attendees was not available on the originally scheduled date for at least three (3) hours.
14.PGA and PTC reserve the right to deny access to anyone who attempts to enter, or enters, the Championship grounds with a ticket obtained through inappropriate sources, including, but not limited to, through sources prohibited by this Agreement. PGA and PTC also reserve the right to seize the tickets. Violators are subject to removal from the premises and/or face criminal prosecution.
15.PGA and PTC reserve the right to provide your Championship ticket in any form, including but not limited to print, e-mail, mobile, or any other mode of digital ticketing.
16.Championship tickets may further be revoked without refund or other consideration and the holder of Championship tickets may be removed from the Championship for failure to comply with any term of this Agreement, failure to obey any and all posted signs, failure to obey instructions of the Championship Marshals and Officials, and/or failure to adhere to Golf Mode guidelines or any other rules, guidelines, or codes of conduct established by the PGA or PTC in advance of, or at, the Championship.
17.Unsolicited and consistent calls from the gallery towards players are prohibited.
18.Ticket holders shall not seek autographs of players during Championship Rounds.
19.Prohibited items include all backpacks, coolers, weapons of any kind (regardless of permit), bags larger than 10” x 10” x 10”, folding chair bags (chair must be removed from bag at security checkpoint), drones, signs, selfie sticks, whistles/noisemakers and other items deemed inappropriate or dangerous by Championship security in their sole discretion. Prohibited bags will not be accepted or stored. Cameras allowed Monday through Wednesday only.
20.There will be no daily re-admission to the grounds of the Championship. Once a ticket has been scanned, it will no longer provide admission, except when the weather warning signs have been posted.
21.Should any portion or provision of this Agreement be held invalid, void, or otherwise unenforceable, the remaining provisions shall remain in full force and effect.