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PORTLAND TRAIL BLAZERS TICKET PURCHASE
TERMS AND CONDITIONS
The following terms and conditions (collectively, this “Agreement”) apply to any purchase and/or use of a Portland Trail Blazers (“Blazers”)
National Basketball Association (NBA) pre-season, regular season, and post-season ticket, including full or partial season tickets, any ticket
package, any single game ticket, or any Blazers game related event ticket (each referred to herein as a Ticket”). Before making any Ticket
purchase, carefully review this Agreement, our Privacy Policy at www.nba.com/privacy-policy, and all health safety information provided at
www.nba.com/blazers. A purchase by you or use of any Blazers Ticket will be deemed as acknowledgment and agreement that you/Holder
have read and agree to be bound by the provisions of this Agreement.
1. TICKET PURCHASES. ALL BLAZERS TICKET SALES ARE FINAL.
No refund will be given on the purchase of any Blazers Ticket, except
as specifically provided for in this Agreement. At this time, only
persons residing in the State of Oregon or Southwest Washington are
allowed to purchase a season ticket, a ticket package, or group
tickets; however, any person who purchases such ticket(s) online with
an invalid address may have the associated ticket account cancelled
and, if applicable, provided a pro rata refund, as solely determined by
the Blazers. Any person using a PO Box or unverifiable residential
address may be asked to provide proof of residency for any season,
package or group ticket purchase. Approval from the Blazers may be
required for the purchase of season, package or group tickets by a
legal entity and/or corporation.
2. Game/Event Cancellation. The sole and exclusive remedy
(if any) if admission is refused or revoked, or the game/event is
cancelled and not replayed, is a refund of up to the Tickets face value
set by the Blazers (the Face Value”). In no event shall the Blazers,
NBA, or any Rose Quarter facility or arena (collectively, the Arena
Entities) be liable for any special, consequential, incidental, indirect
or exemplary damages of any kind, or any damages beyond the Face
Value of the Ticket, including, without limitation, any amount paid in
excess of Face Value for the Ticket. Notwithstanding the foregoing, if
a game is cancelled and not rescheduled or is rescheduled to be
played under conditions that prohibit the general public from
attending, including if such cancellation or prohibition is due to an
event of force majeure, then the Ticket purchaser will have the option
of either (i) receiving a refund for the amount paid to the Blazers for
the Ticket, or (ii) Holder may apply the amount paid toward a future
ticket purchase directly from the Blazers, as determined by the
purchaser.
3. Revocable Rights. All rights granted to you under this
Agreement are in the nature of a revocable license. By purchasing
any Ticket, you acknowledge and agree that the Blazers, as licensor,
reserves the right to reassign seats or cancel your Tickets at any time
prior to or during the season for any reason, including, but not limited
to (i) violation of any of the terms and conditions contained herein,
(ii) violation of any provision of the Fan Code of Conduct, or (iii) if
deemed advisable in the Blazers reasonable discretion. Tickets may
not be used without the Blazers express prior written consent (i) for
advertising in any media (including commercial advertising), (ii) in any
promotion, contest or sweepstake, or (iii) for any other trade
purpose. Cancellation of any Ticket or Ticket account, regardless of
the reason, will not relieve the purchaser/account owner of any
monies owed to the Blazers relating to the account.
4. Health & Safety Requirements. Due to the uncertainty
related to any health and/or safety situation, including but not limited
to the COVID-19 pandemic, any Ticket and the Holder’s admission to
the arena at the time of a respective event will be subject to all then-
current Health & Safety Requirements, which includes those policies
and requirements described in the terms for use of any Ticket
(located at www.nba.com/blazers/ticketback-terms or on the Rose
Quarter website at www.rosequarter.com) (collectively, the “Ticket
Rules”), which may be updated from time to time as necessary or
required, in the sole determination of the state of Oregon, local
health authorities, the NBA, and/or any Arena Entity. Before
purchasing any Ticket you should check the then-current Ticket Rules.
Holder acknowledges and agrees to comply with all requirements and
restrictions, including any that must be satisfied prior to entry and/or
during any game/event.
5. Ticket Group Limitations; Authorized Resell & Transfer.
Ticket Holders who sell or transfer one or more Tickets for a single
game/event through authorized methods, as provided by the Blazers,
are encouraged to use safe sell/transfer best practices, including but
not limited to (i) sell/transfer to persons you know and trust, or
(ii) sell/transfer to individuals who are understand the Ticket Rules
and then-current safety and health restrictions and requirements for
use of any such Ticket. All Ticket Holders, regardless of method of
purchase, will be required to adhere to the provisions in this
Agreement and any and all Ticket Rules (as defined above) prior to
admittance to any game/event.
6. Unauthorized Sale/Resale of Tickets.
(a) To ensure that all game/event patrons agree to, and
comply with, all Ticket Rules and policies of the Arena Entities, a
Ticket may not be resold or offered for resale on any platform other
than a platform expressly authorized by the Arena Entities. Without
limiting the foregoing, any transfer of a Ticket to any person who fails
to satisfy any Ticket Rule (including pre-game/event requirements
established by the Blazers or the arena) may be voided by the Blazers
and the Ticket cancelled without a credit or refund to Holder.
(b) The Blazers reserve the right, in its sole discretion, to
prohibit or cancel the purchase of any Ticket if it believes such Ticket
will be or has been purchased solely for the purpose of resale. Any
such resale or attempted resale of a Ticket will be considered as an
unauthorized resale and will be considered as a material breach of
this Agreement (Unauthorized Resale). Upon occurrence of an
Unauthorized Resale, the Blazers will execute all rights allowed by law
to (i) cancel the entire Ticket purchase and the associated account;
(ii) revoke any unused Ticket(s) on the account, and (iii) charge the
account and collect a restocking fee in the amount of ten percent
(10%) of the total purchase price of the Tickets (the Restocking
Fee). At the time of such Unauthorized Resale and termination of
the account, after deduction of the applicable Restocking Fee if there
is a credit remaining on the respective account the Blazers shall have
the right to provide the remaining balance as a refund/credit to the
applicable debit/credit card or bank account which was used to make
the original Ticket purchase; provided, however, that if after
deduction of the applicable Restocking Fee there are monies owed to
TBI, for any reason including but not limited to application of the
Restocking Fee, then the Blazers shall have the right to demand
immediate payment of all monies owed and all rights to collection
under the law, which may include but is not limited to, charging the
applicable debit/credit card or bank account which was used to make
the original Ticket purchase.
7. Paperless Ticketing. All Tickets provided during the 2022-23
NBA season will be issued as paperless ticketing. You hereby agree
that you will safeguard the paperless Ticket and that you are solely
responsible for all use of the Ticket. If for any reason you require an
alternate ticketing option, you will be required to make appropriate
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prior arrangements and, if necessary, you agree to pay any
established printing or exchange fees. You acknowledge and agree
that you will ensure that you and anyone to whom you grant access
to or transfer your Tickets to will be in possession of a valid Ticket to
enter the arena, and that if such person does not have a valid Ticket,
then access to the arena will be denied. Restrictions for use of All
Access Club Ticket credits shall apply to any transferee of a Ticket,
regardless of the form of such ticket.
8. Ticket Account Payments. Failure to make timely
installment payments on your account as provided under an
approved payment plan (Payment) may result in (i) revocation of
the Payment plan, (ii) demand for the entire account balance due to
be paid in full, and/or (iii) ticket restriction or cancellation of your
account, as determined in the Blazers sole discretion. A $25.00
service fee will be charged for any returned check or declined credit
card Payment, which fee will be in addition to any fees which your
bank or credit card institution may charge. Only with the Blazers
prior approval will third-party Payments be accepted on an account;
provided, however, it is understood that such third-party Payments
will not provide any account privileges, Ticket access, or future credit
rights to any third-party, and if a third-party Payment transaction is
rejected, returned or charged back for any reason, the Blazers will
have the right to cancel such Payment, and upon notice you will be
solely responsible to bring the account current.
9. Account Ownership. Please note that you may be required
to pay a non-refundable fee in the amount of $100 to reserve a
season ticket account or to be placed on a waiting list (“Reserve
Account Fee”). After your account is opened, the Reserve Account
Fee will be applied to your first Payment; however, if you determine
to cancel your reservation prior to opening an account the Reserve
Account Fee will be forfeited, unless otherwise solely determined by
the Blazers. After an account is opened it becomes non-transferable,
unless otherwise solely determined by the Blazers. Only the first
name listed on any Blazers Ticket account will be recognized as the
account owner (except with regard to explicitly-identified corporate
accounts for which the Blazers may allow a limited number of
additional authorized persons to be added by the account owner).
10. Ticket Holder Conduct. Use of a Ticket by any person is
subject to the rules, regulations, health and safety requirements
(including those of state and local health authorities), and Fan Code
of Conduct established by the NBA, the arena, the Rose Quarter, and
the Blazers (collectively, the “Arena Entities”) and, including, but not
limited to, the Ticket Rules, Supplement Terms and all state and local
health and safety requirements. Upon violation of a Ticket Rule, any
Arena Entity will have the right to revoke the Ticket and eject Holder,
and in addition, such violation may result in cancellation of the
related account. You acknowledge and agree that you will be solely
responsible for the conduct of anyone you provide a Ticket to or
anyone you provide access to your account.
11. Collection of Game Data. All game attendees are reminded
that the unauthorized collection or distribution of game data,
including statistics or play-by-play information, for any commercial
purpose is strictly prohibited. Violators are subject to ejection, in
addition to all penalties and remedies provided by law.
12. Assumption of Risk/Waiver of Liability. By using any Ticket,
you voluntarily assume all risk and danger of personal injury or illness
(including death), and all hazards arising from, or related in any way
to, such use, whether occurring prior to, during, or after the
game/event, howsoever caused and whether by negligence or
otherwise, and you hereby agree to indemnify and hold harmless
each Arena Entity from any claim on account of any injury, illness or
damage that you may suffer.
13. Post-season Tickets and Future Seasons. Post-season Ticket
purchase opportunities and Ticket renewal privileges are extended at
the discretion of the Blazers. Purchase or renewal of any Ticket does
not guarantee rights to future purchase opportunities, nor does it
include rights with regard to a specific seat location for post-season
or any future season.
14. Choice of Law. This Agreement will be governed by the laws
of the State of Oregon, without regard to choice of law principles, and
that the venue for any dispute relating to this Agreement will be in a
duly authorized court located within Multnomah County, Oregon.
15. Arbitration. Should any current or future dispute, claim or
cause of action related to a Ticket or game/event arise between the
Holder and any Arena Entity, Holder shall send a written notice
describing the issue (a “Dispute Notice”) to Trail Blazers Inc., One
North Center Court, Suite 200, Portland, Oregon 97227, Attention:
General Counsel. Holder and the Arena Entities agree to make a
good-faith effort to resolve the dispute for at least 60 days following
receipt of the Dispute Notice (the “Negotiation Period”). If the
parties cannot resolve the dispute within the Negotiation Period, the
dispute shall be resolved by mandatory, confidential, final, and
binding arbitration held before a neutral, single arbitrator in Portland,
Oregon conducted by the Judicial Arbitration Mediation Services, Inc.
(“JAMS”) in accordance with the JAMS Comprehensive Arbitration
Rules and Procedures effective July 1, 2014, subject to the U.S.
Federal Arbitration Act and federal arbitration law (which is
applicable because the Blazers and NBA are engaged in transactions
involving interstate commerce with respect to the game/event). The
costs of such arbitration shall be split evenly among the parties
except upon an arbitrator’s finding that such split renders the
arbitration cost-prohibitive to the Holder. Any and all issues relating
or pertaining to arbitration or this arbitration clause, including but
not limited to the threshold question of arbitrability or the
enforceability or validity of this arbitration clause shall be delegated
to the arbitrator selected pursuant to this provision. Judgment upon
the award rendered by the arbitrator may be entered in any court
having jurisdiction. The Holder and each Arena Entity agree that all
disputes shall be arbitrated on an individual basis and waive any right
to litigate in court or arbitrate any claim as a class action,
representative action, or class arbitration. If the Holder does not
consent to this clause, the Holder must immediately leave or not
enter the arena.
16. Severability. You agree that the invalidity or
unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision of this Agreement.