ECLIPSE GETAWAY TICKET TERMS
Offer valid through 12:00am EST on August 21st or while limited supplies of tickets last, whichever is sooner (“Offer Period”). Must be 21 years or older to purchase tickets and attend event. Limit 1 tickets per person. Event attendees must comply with all vendor rules and regulations. Tickets cannot be substituted or transferred. Tickets can be refunded within seven (7) days of event, as per the refund instructions provided by Eventbrite (available here). Tickets cannot be resold, bartered or auctioned; all such tickets will be void. Purchaser MUST present Valid ID/Passport, Credit Card and Booking Reference upon entry to Camp Casper. Entry will be refused if tickets have not been purchased from Eventbrite or other authorized points of sale Venue Owner reserves the right without refund or compensation to refuse admission to any persons whose conduct is disorderly or unbecoming. The Promoter/Venue may postpone, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond his reasonable control. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter/Venue. The ticket holder voluntarily assumes all risk and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage or liability. Event attendees are responsible for all costs and expenses not specified in the getaway description as being provided, including transportation to/from the pick-up site(s).
Ticket Package for two (2) people includes:
A luxury tent provided by Under Canvas for the night of August 20, 2017, outfitted with Casper products (Note: Tent does not include air conditioning);
Access to the exclusive campsite and viewing grounds at the Trout On Inn of Casper, WY;
Select meals and drinks;
Shuttle service to and from the campsite (departing from Denver, CO or Casper, WY) (see below for more details);
One or more movie screenings produced by Alamo Drafthouse; and
Recreational activities by Outdoor Voices (to be offered on a first come, first serve basis).
Ground transportation from Denver, CO on the morning of August 20, 2017 at 9 AM MT. Casper will hold the bus up to 60 minutes if scheduled passengers are missing. If the shuttle is missed, Casper will attempt to arrange alternative transportation via third party provider, but no guarantees are provided.
Alternatively, Casper will provide transportation from Casper, WY to the campsite for attendees who travel to Casper, WY directly. Casper, WY pick-ups will be handled by producing company and will be scheduled post-ticket purchase.
Preferred method of return transportation on August 21, 2017 must be indicated at Camp Casper’s check-in.
Guns, knives (pocket or otherwise, unless provided by Sponsor for use in the campsite) or other similar items are prohibited within the campsite. Smoking is prohibited within the campsite. Event attendees agree to comply with all local or campsite rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, bundles and containers of any kind from being brought into the event premises. Attendees who do not comply with any and all campsite rules and/or act in an inappropriate, unsafe, disruptive or unsportsmanlike manner may be ejected from the campsite and no refund will be provided. In addition, Casper reserves the right to take any legal action it deems appropriate against such attendee(s).
By participating, event attendees agree that Casper, its parent, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from participation in the getaway.
Released Parties are not responsible for errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the offer, including, without limitation, errors or difficulties which may occur in connection with the administration of the offer, in any offer-related materials or services provided as part of the getaway. Casper reserves the right at its sole discretion to suspend, modify or terminate the offer at any time. Offer is void where prohibited. Offer is subject to all applicable federal, state and local laws. Offered by Casper Sleep Inc.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to email@example.com. The request must include your full name, address, and the statement “I reject the Arbitration Agreement contained in my ticket to the Eclipse Getaway.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
By purchasing a ticket, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets, but also to any ancillary agreement related to these.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to firstname.lastname@example.org or call 888-498-0003. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 888-498-0003.
By purchasing a ticket, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, or the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not purchase a ticket. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Casper and its successors, assigns and agents.