Purchase Agreement For Tickets

Important - Please Read

This purchase agreement (“Purchase Agreement”) is a legal document that describes your rights and responsibilities as a ticketholder of NFL Experience Times Square tickets (“Tickets”), including important information on the purchase of Tickets. Your purchase of Tickets through this online service is subject to and hereby incorporates the legally binding terms and conditions set out in our Terms and Conditions and our Privacy Policy. In the event of any conflict, this Purchase Agreement shall prevail. If you have any questions about this Purchase Agreement, please feel free to Contact Us.

We would like to inform you that NFL Experience Times Square (“Event”) is an attraction that may contain flashing lights or other special effects which may cause difficulties for people with photosensitive epilepsy or other medical condition. Also, please be informed that the attraction offers the ultimate immersive experience by providing motion seat enabling the participants to feel the action on the screen as if they were literally on the football field or part of the live action displayed on multimedia footage. Motion seats are not a theme-park ride experience but may provide sensational and emotional feelings. Please consider these factors when purchasing Tickets.

CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS

The parties to this Purchase Agreement are:

  • CDS NFL EVENT, L.L.C. (“we”, “us” and “our”)

    321 West 44th Street, Suite 901
    New York, NY 10036

    Email: Questions@NFLExperience.com

    - AND -

  • you

TYPES OF TICKETS AND LATE ARRIVAL.

Each ticket is issued for a specific date and time slot within an allocated price category. As such, you must review your Ticket selection before you submit and confirm your order. We recommend validating your Tickets at the Event box office at least fifteen (15) minutes of your selected and reserved time slot. By accepting the terms of this Purchase Agreement, you agree to pay the full price of the Tickets ordered, including any applicable taxes, delivery charges, convenience or service fees and any other cost, as described in detail in the purchase process. You acknowledge that the Event premises has a maximum occupancy capacity and therefore if you arrive late after your scheduled reserved time, you may only be admitted based on availability of the next time slot (subject to the payment of additional fees, as applicable), at our sole discretion. If no immediate or imminent admission is possible for latecomers, we will use reasonable efforts to offer a rescheduled date and time having an equal or lesser value.

CONCLUSION OF CONTRACT AND ORDER CONFIRMATION..

You hereby agree to purchase and we agree to sell the Ticket(s) detailed in your order. Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (“Order Confirmation Page”). You must keep your confirmation number. If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of Tickets. In such case, we will not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of Tickets through the website: www.nflexperience.com (the “Website”) and/or the related online and mobile services offered on the Website, including, without limitation, the failure of a transaction to be completed or confirmed. Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for an order of Ticket(s). This can delay the processing of the order and the delivery of the Ticket(s). In such case, we may attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after an initial attempt due to incorrect billing or credit card information, we reserve the right to cancel your order and sell your Ticket(s) to another customer. In such case, you will be informed immediately, insofar as correct contact information is available. Tickets purchased through our Website will be delivered by e- mail at the e-mail address you indicate. You may print your Ticket(s) and present them at the Event or present your Ticket(s) via a mobile device.

REFUNDS AND EXCHANGES POLICY.

All sales are final, non-refundable, and you are solely responsible for safeguarding such Ticket. Lost, stolen, forgotten, unreadable or destroyed Tickets will not be replaced. The use of counterfeit or invalid tickets is prohibited. The duplication; reprinting; advertising, promotion (e.g. contests, sweepstakes, commercial endeavors); or resale or attempted resale of this Ticket in violation of applicable law or without our express written permission is prohibited and grounds for seizure or cancellation.

REFUNDS AND EXCHANGES POLICY.

All sales are final, non-refundable, and you are solely responsible for safeguarding such Ticket. Lost, stolen, forgotten, unreadable or destroyed Tickets will not be replaced. The use of counterfeit or invalid tickets is prohibited. The duplication; reprinting; advertising, promotion (e.g. contests, sweepstakes, commercial endeavors); or resale or attempted resale of this Ticket in violation of applicable law or without our express written permission is prohibited and grounds for seizure or cancellation.

HOURS OF OPERATION.

The Event hours of operation are subject to change at any time and we reserve the right, in our sole discretion, to delay, postpone or cancel the opening of Event. In the event any admission to a specific time slot is delayed, postponed or canceled, we will inform you by written notice, as soon as reasonably practicable, that an exchange or refund of your Tickets is available. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate the exchange or refund process, as applicable.

RIGHT TO CANCEL TICKETS, REFUSE ACCESS AND EXPEL.

We reserve the right to cancel any Tickets or order of Tickets and to institute legal proceedings against you if you breach any terms and conditions of this Purchase Agreement. We reserve the right to request photo ID of the ticketholder. In the event that any person attending the Event is judged unmanageable or exhibits behavior which is considered inappropriate, or fails to comply with the Event’s rules, we reserve the right to, without any refund or compensation, terminate such person's right to attend the Event. Tickets shall not be redeemable for cash. You consent to the inspection of your person and personal property before entering and/or while at the Event. We reserve the right to refuse any person Event admission and to remove any person refusing such inspection and/or any person who upon inspection is deemed by us (in our sole discretion) to have unlawful, dangerous or otherwise inappropriate or prohibited items.

RECORDING AND PUBLICATION.

All cameras, tape recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the Event. You hereby grant us the right to use your image or likeness incidental to any live or record video display or other transmission or reproduction in whole or in part of the Event for marketing and promotional efforts and initiatives and for security and archival purposes.

NO RESALE.

Any resale of Tickets is strictly prohibited.  We reserve the right to cancel the license granted under the Tickets in connection with any fraudulent or other unauthorized sale of such Tickets, without any refund or other compensation. Tickets may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without our prior written authorization.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL CDS NFL EVENT, L.L.C. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C., BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF TICKETS OR FOR THE COST OF PROCUREMENT OF TICKETS OR OTHER PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLES, EVEN IF CDS NFL EVENT, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ALL SECURITY MEASURES IN PLACE ON THE SITE OF THE EVENT, INJURY MAY OCCUR ON SITE THE EVENT. BY ACCEPTING THE TERMS OF THIS PURCHASE AGREEMENT, YOU ASSUME ALL RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGES OF ANY NATURE SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, BODILY HARM AND LOSS OF PROPERTY INCURRED DURING OR IN CONNECTION WITH THE EVENT. FURTHERMORE, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR TO INSTITUTE CIVIL, CRIMINAL, ADMINISTRATIVE OR LEGAL PROCEEDINGS AGAINST CDS NFL EVENT, L.L.C., ITS AFFILIATES AND OTHER RELATED ENTITIES OR THEIR DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, EMPLOYEES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C., RESULTING FROM ANY CAUSE WHATSOEVER ARISING EITHER BEFORE, DURING OR AFTER THE EVENT. ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR PURCHASE OF TICKETS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C.) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE TICKETS DETAILED IN THE PURCHASE PROCESS. YOU HEREBY RELEASE THE NFL ENTITIES (DEFINED AS THE NATIONAL FOOTBALL LEAGUE, ITS MEMBER PROFESSIONAL FOOTBALL CLUBS, NFL VENTURES, INC., NFL VENTURES, L.P., NFL PROPERTIES LLC, NFL ENTERPRISES LLC AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES), THE CIRQUE DU SOLEIL ENTITIES (DEFINED AS CIRQUE DU SOLEIL HOLDINGS L.P. AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES) AND THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION FROM ANY LIABILITY UNDER THIS PURCHASE AGREEMENT AND/OR THE SHOW. YOU HEREBY IRREVOCABLY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHTS, CLAIMS OR RECOURSE THAT YOU MAY HAVE AGAINST THE NFL ENTITIES, THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, THE CIRQUE DU SOLEIL ENTITIES AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES AND AGENTS.

Indemnification.

If you cause damage at the site of the Event or harm to CDS NFL Event, L.L.C., you will be held responsible. In addition, you agree to indemnify and hold harmless CDS NFL Event, L.L.C., the NFL Entities, the National Football League Players Association, the Cirque du Soleil Entities and their respective affiliates, directors, officers, employees, administrators, representatives and agents, and all other persons acting on their behalf, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from or in connection with your breach of this Purchase Agreement.

INVALIDITY.

If any term, provision or section of this Purchase Agreement or any portion of such term, provision or section is held invalid or unenforceable, the remainder of this Purchase Agreement will not be affected thereby and each remaining term, provision or section, or portion thereof, will be valid and enforceable to the full extent permitted by applicable law. In lieu of each term, provision or section of this Purchase Agreement which is invalid or unenforceable, there shall be added as a part of this Purchase Agreement a term, provision or section as nearly identical as may be possible and as may be legal, valid and enforceable.

APPLICABLE LAWS.

This Purchase Agreement is governed by the laws of the State of New York, NY.

TIME TO SUIT UP!