U.S. "Mini" Open Terms & Conditions
“Event” means the U.S. “Mini” Open, including the location where the Event is held.
“Producer”, “us”, “we” refers to NBC Sports Group, a division of NBCUniversal Media LLC, and any agents.
“you” or such similar expressions shall mean the user of the online or mobile registration mechanisms and platforms, or the participant, attendee and/or a valid holder of an Entry to the Event.
“Entry” means the mechanism through which entry and/or re-entry into the Event is gained and shall include any other mechanism uniquely used for any individual or specific activity at the Event.
2. GENERAL TERMS
The Event Terms shall be applicable to (i) the online event registration process, platforms and mechanisms; (ii) Entry to and attendance at the Event; and (iii) participation in the activities conducted at the Event by the Producer. Entry into the Event is conditional upon your acceptance, without modification, of the Event Terms.
3. EVENT REGISTRATION
3.1 Under 18 years of age are not permitted to register. Those under 18 may attend the Event with a registered adult.
3.2 The Producer reserves the right to alter the Event, to provide alternative activities to those specified, and to prevent entry to the Event. Entry is non-transferable and does not afford any other right, including, without limitation, participation in any activity at the Event, parking, merchandise, food or beverages, etc.
4. EVENT PARTICIPATION
4.1. By attending the Event, you consent to:
i. the fact that any photographs, videos, sound recordings or other accounts or descriptions, whether data, textual, visual or audio, of all or any part of the Event whether created by you or by Producer may only be used for personal, non-commercial uses.
ii. the fact that you may be filmed, photographed and/or recorded in connection with or during the Event and you agree to permit the Producer to use such filming, photography, recordings and/or your name, city of residence, comments, voice, photo, likeness and/or demographic information free of charge in any manner and for any purpose, including the commercial purposes of the Producer, in any media now known or hereafter developed, and, to the extent permitted by law, you waive any moral rights of privacy, intellectual property rights and/or commercial rights therein.
iii. not acting, uploading, posting or otherwise distributing or facilitating the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind.
4.2 Producer prohibits any items which are illegal or prohibited, deemed dangerous in nature or have the potential to cause disruption to the Event and/or to other persons and may refuse admission to the Event.
4.3 Persons who are deemed to be behaving in a manner that is inappropriate, dangerous and/or unacceptable, in the absolute discretion of the Producer, will be refused access and/or entry into the Event or will be removed from the Event without compensation. Unacceptable behavior includes, without limitation, fighting, drunkenness, foul, offensive or racist conduct, inappropriate conduct or language or any failure to adhere to the instructions of the Producer.
4.4 Parents and guardians are solely responsible for any of their children attending the Event and/or participating in any of the activities and shall be wholly liable and responsible for failing to supervise, monitor or control their children at the Event or while participating in any activity at the Event. Any person under the age of 18 attending the Event or participating in any activity at the Event shall be deemed to be doing so with the full consent of such minor’s parent or guardian.
4.5 At all times during the Event, and particularly in the event of an emergency, you shall follow and comply with the instructions and directions of the Producer and/or other authorized officials of the Event.
4.6 Your property shall be your own responsibility and the Producer does not accept any liability for loss, theft or damage to such property.
4.7 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND IN CONSIDERATION FOR BEING ALLOWED TO REGISTER FOR, TO BE PRESENT AT AND ALLOWED ENTRY INTO THE EVENT AND TO PARTICIPATE IN ACTIVITIES AT THE EVENT, YOU HEREBY RELEASE THE PRODUCER ENTIRELY FROM, AND AGREE NOT TO HOLD LIABLE OR INSTITUTE ANY CLAIM AGAINST THEM WITH RESPECT TO, ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, COSTS, EXPENSES (INCLUDING LEGAL FEES), INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THAT MAY BE INCURRED OR MADE BY YOU OR YOUR KIN, HEIRS, EXECUTORS, TRUSTEES, PERSONAL REPRESENTATIVES OR PERMITTED ASSIGNS FOR PROPERTY DAMAGE OR LOSS, WHETHER PECUNIARY, PERSONAL OR OTHERWISE, PERSONAL INJURY OR WRONGFUL DEATH ARISING AS A RESULT OF YOUR REGISTRATION FOR THE EVENT, YOUR ENTRY INTO THE EVENT AND/OR YOUR PARTICIPATION IN THE ACTIVITIES AT THE EVENT, WHEREVER, WHENEVER OR HOWEVER THE SAME MAY OCCUR.
4.8 TO THE FULLEST EXTENT POSSIBLE, THE PRODUCER DOES NOT ACCEPT LIABILITY FOR AND YOU WILL HAVE NO CLAIM AGAINST, IN RESPECT OF ANY ACTS OR OMISSIONS RELATING TO YOUR EXPERIENCE AT THE EVENT.
4.9 You agree that all the foregoing shall also be applicable to any minor that attends the Event with you.
4.10 You will defend, indemnify and hold Producer harmless from any and all such claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all those that are in any way caused by, arise out of or result from any breach or alleged breach by you of these Event Terms.
4.11 IF APPLICABLE: To the fullest extent possible, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
5. INTELLECTUAL PROPERTY Producer is the owner or licensee of all intellectual property rights, including, without limitation, copyright, trademark rights in the Event and any other trademarks and all content appearing on or at the Producer’s mobile registration mechanism and/or the Event.
7. EXPRESS ASSUMPTION OF RISK & RELEASE OF LIABILITY – COVID-19 & OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES
7.1 Please note the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Guests should evaluate their risk in determining whether to attend. People who show no symptoms can spread COVID-19 if they are infected. Any interaction with the general public poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed during your visit.
7.2 This Section 7 is an acknowledgment and express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof), the coronavirus that causes COVID-19, or any other communicable and/or infectious disease, while visiting the Event. By attending the Event, you are acknowledging and confirming on your behalf, and on behalf of any individual who attends the Event (including any minor children), both now and in the future, that you understand and expressly assume the risk that during your visit you may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19 and the Coronavirus that causes COVID-19, that Producer cannot guarantee that you will not be exposed during your visit to the Event, and that as such, potential exposure to or contraction of COVID-19 or any other communicable and/or infectious diseases are risks inherent in your decision to visit the Event and cannot be eliminated. You further acknowledge and understand that if infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come in to contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after you depart The Event. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.
7.3 You and Producer further agree that we intend this Section 7 to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting the Event during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your visit to the Event that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the Coronavirus that causes COVID-19. Specifically, you agree that:
7.4 YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN) HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE PRODUCER AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE CORONAVIRUS THAT CAUSES COVID-19), DURING YOUR VISIT TO THE EVENT, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY PRODUCER , INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE EVENT DURING ANY EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE EVENT OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO THE EVENT. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE.
7.5 For purposes of this Section 7, you and Producer agree that the “Released Parties” shall include (a) Producer, (b) Producer’s parent, subsidiary and affiliated companies; (c) the respective employees, agents, shareholders and officers of the entities described in (a)-(b) above; and (d) the licensees, successors, assigns and heirs of the entities and individuals referred to in (a)-(c) above. You further acknowledge and agree that you are familiar with and do hereby waive the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions) which provides as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
7.6 This acknowledgment and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
8.1 No failure or delay on the part of the Producer in exercising any right or remedy hereunder or enforcing the terms and conditions of these Event Terms will operate as a waiver of such rights or remedies.
8.2 Any provision of these Event Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Event Terms shall remain in full force and effect.
8.3 These Event Terms, and any claim or dispute relating thereto, shall be governed in all respects by, and shall be interpreted in accordance with, the laws of New York, without regard to the conflict of laws principles.