Policies

Miami Open Policy Summary

TICKET POLICIES:

What if I lose my ticket or forget to bring my ticket(s) with me to the tournament?

Tickets will be replaced for the ORIGINAL TICKET PURCHASER ONLY at a cost of $20.00 per ticket. If replacement tickets are ordered over the phone, they will not be mailed, but will be held at Will Call for pick up at the site. Proper Photo ID will be required to pick up the tickets from Will Call.

What if my ticket(s) are stolen?

If your ticket(s) are stolen, guests will be required to pay a refundable deposit in the amount equal to the total face value of all tickets stolen. When this deposit is paid, your tickets will be reprinted for you and left for pick-up at Will Call and will not be mailed. To receive a full refund of this deposit, you must file an incident report with the police and provide a copy of that documentation to the tournament. Upon receipt of this documentation, we will provide a full refund of the deposit amount. Failure to provide this documentation within 30 (thirty) days after the completion of the tournament will result in a forfeiture of the total deposit amount. The Miami Open will deal only with the ORIGINAL TICKET PURCHASER on all ticket issues.

What is your rain policy?

The following policy applies to individual session tickets purchased directly (and not via ticket auction, exchange, resale or other secondary ticket outlet) through Ticket Master, MiamiOpen.com or in person at the Hard Rock Stadium Box Office. Please note that this policy does not apply to any weeklong duration packages including those with 72 Club access or Suites.  Nor does it include any tickets issued on a Complimentary or Trade basis. If the tournament or a session(s) is postponed or cancelled due to weather or other causes beyond our control, Tournament management will make every effort to reasonably accommodate the individual session ticket holder on a subsequent session, if held. Miami Open Tennis cannot guarantee ticket availability, exchange of equal value or comparable seat location. All ticket exchanges are final, and there will be NO REFUNDS OR CREDITS. In addition, patrons are advised that the Miami Open schedule of play is subject to change for all sessions. Tickets are not eligible for refund or exchange due to one or more changes in the Miami Open schedule of play. Rain delays could last 10 minutes or a couple hours. Once it stops raining, it could take 30-45 minutes for the courts to be dried depending on the amount of rain received. Pay attention to local weather forecasts and radar to track any inclement weather that may develop. Announcements and rain-delay updates will be made in the Stadium Court and on our video boards located throughout the site, as well as on our website.

What is your ticket resell policy?

The resale or attempted resale of any ticket(s) in or on the grounds of Hard Rock Stadium or parking lots at any price is prohibited and will result in the removal from the premises and confiscation of all tickets in the possession of the violator without refund or compensation. The use or attempted use of lost, stolen or counterfeit tickets is prohibited and such tickets are void. Tickets may not be resold or used for advertising, promotions (including contests or sweepstakes) or other trade purposes without the prior express written consent of the Miami Open.

What is the re-entry policy?

The Miami Open has a NO re-entry policy. Guests who exit the tournament site are not permitted to re-enter with a previously scanned ticket.

Do you have a question that was not answered? Please call the Miami Open Box Office; (305) 943-OPEN (6736) or send us an email: miamiopen@hardrockstadium.com and we would be happy to help!

 

BAG POLICIES:

Click here to view Bag Policies 

 

 

TICKET TERMS AND CONDITIONS

This ticket is a revocable license that only grants entry into the stadium premises and a spectator seat (or a standing location, as applicable) for the Miami Open Tennis Tournament (the “Tournament”). By tendering this ticket and entering the Tournament premises, ticket holder, on behalf of him/herself and, to the extent permitted by law, any accompanying minor(s), agrees to the following terms and conditions. This ticket is subject to the Tournament Ticket and Accreditation Policies, available at https://www.miamiopen.com/policies provided that these terms shall govern over any conflicting terms in such policies. Admission may be refused or withdrawn or ticket holder ejected in the sole discretion of International Players Championship, LLC (“IPC”), Women’s Tennis Association (“WTA”), Association of Tennis Professionals (“ATP”), SFS Events, LLC (“SFSE”) and South Florida Stadium LLC (“SFS” and collectively with IPC, WTA, ATP and SFSE, the “Tournament Parties”).

ALL SALES ARE FINAL. NO REFUNDS, CANCELLATIONS OR EXCHANGES WILL BE OFFERED OR PERMITTED UNLESS OTHERWISE STATED HEREIN.

If the entire Tournament is cancelled prior to one official Tournament match ball being hit, and you purchased your tickets through MiamiOpen.com, Ticketmaster.com or Hard Rock Stadium (the “Official Tournament Ticket Channels”), we will issue you a refund of face value paid for the ticket (if any) (or, for a discounted ticket, the discounted ticket price paid) to the credit card, debit card, or other accepted method of payment that you used to purchase your tickets. The foregoing is limited to tickets purchased directly through an Official Tournament Ticket Channel, and does not to apply to (i) tickets purchased via the secondary market, (ii) complimentary tickets, (iii) tickets provided on a barter basis, or (iv) tickets issued in connection with any sponsorship. If tickets were purchased through another method, please contact the person or entity from whom you purchased such tickets, as we will not refund you therefor.  In no event will delivery charges or any other amounts be refunded. There will be no liability on the part of any of the Tournament Parties for travel or any other expenses that you or anyone else incurs in connection with a canceled Tournament.

If one or more sessions or matches of the Tournament to which you possess tickets are postponed or cancelled due to weather or any other causes, no refund will be issued, but reasonable efforts will be made to accommodate ticket holders with proof of purchase for a subsequent session, if held, in the Tournament Parties’ sole discretion. The Tournament Parties cannot guarantee ticket availability, exchange of equal value or comparable seat location. The foregoing is limited to tickets purchased directly through the Official Tournament Ticket Channels, and does not to apply to (i) tickets purchased via the secondary market, (ii) complimentary, duration, suite or box tickets, (iii) tickets provided on a barter basis, or (iv) tickets issued in connection with any sponsorship.

Tournament dates and times (including the opening of the gates and schedule of play) are subject to change by the Tournament Parties in their sole discretion, and no such change shall entitle ticket holder to a refund or any other remedy if ticket holder cannot attend or for any other reason. Ticket holder may be relocated to an alternative seat in the sole discretion of the Tournament Parties. No such relocation shall entitle ticket holder to a refund or any other remedy if ticket holder is relocated to a seat of comparable face value.

Ticket holder and his/her belongings may be searched prior to or upon entry and prohibited items may be confiscated. Ticket holder must comply with the Tournament Parties’ security policies, including any applicable bag policy. Ticket holder consents to such searches and waives any claims against the Tournament Parties (inclusive of their respective members, agents and affiliates) arising from or relating to such searches. If ticket holder elects not to consent to these searches or comply with these security policies, ticket holder acknowledges that the Tournament Parties have the right to deny ticket holder entry.  No refund or other remedy will be provided if ticket holder is ejected or refused entry due to disorderly, unsafe, and/or threatening conduct or failure to comply with these ticket terms.

Ticket holder (and the user(s) of your tickets for any particular match or event) voluntarily assume all risk and danger of property damage and personal injury (including death) and all hazards arising from, or related in any way to, the Tournament (including, but not limited to, injuries caused by players, fans, weather, tennis balls or other objects) whether occurring prior to, during or after any match, however caused and whether by negligence or otherwise.  Ticket holder (and the user(s) of its tickets for any particular match or event) agree that the Tournament Parties and each of their parents, subsidiaries, affiliates, employees, agents and owners shall not be liable for any injuries from such causes.

No ticket holder may continually collect, disseminate, transmit, broadcast, publish, release or otherwise offer to the public (or assist any third party in offering to the public) from Tournament premises any: (a) match scores or related statistical data during match play (from the commencement of a match through its conclusion) for commercial, betting or gambling purposes; or (b) on a live or delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, livestream, video, motion picture, film and/or other audio-visual content captured by any means whatsoever or other accounts or descriptions of all or any part of the Tournament (collectively, the “Works”).  Ticket holder agrees that by causing this ticket to be scanned upon entry to the stadium, ticket holder shall be understood to have signed this document and granted the Tournament Parties an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. The continual use of laptop computers or other handheld electronic devices within the confines (spectator area) of the Tournament match courts is prohibited.

Ticket holder grants to the Tournament Parties and their respective designees the irrevocable permission to use his/her voice, image, and/or likeness in any media now or hereafter existing in connection with all or any part of the event or related events, for any purpose whatsoever, including the commercial purposes of the Tournament Parties and/or their respective sponsors, licensees, advertisers and/or broadcasters, without further permission or compensation and hereby waives any and all claims or potential claims relating to such use.

The resale or attempted resale of this ticket on or around the Stadium premises at any price is prohibited and will result in ticket holder’s removal from the premises and confiscation of all tickets in the possession of the violator without refund or compensation. The use or attempted use of lost, stolen or counterfeit tickets is prohibited and such tickets are void. Breach of any of the foregoing conditions will automatically terminate the license granted by this ticket, and shall constitute grounds for denial of admission, removal from the grounds, and confiscation of all tickets in the possession of the violator without refund or compensation. The Tournament Parties are not responsible for lost, stolen, destroyed, or counterfeit tickets.  Lost, stolen, destroyed or counterfeit tickets, or tickets sold in violation of any applicable law, may not be honored. This ticket may not be used for, nor may any ticket holder enter the stadium premises for, advertising, promotion or any other commercial purposes (including contests, sweepstakes and giveaways) without the Tournament Parties express written consent. The first ticket with this barcode presented to be scanned will be considered valid and all others will be rejected and entry denied its holder.  Keep this ticket in a safe place and protected as you would money or regular tickets. The Tournament Parties are not responsible for any inconvenience, damage or loss caused by unauthorized duplication.

MEMBER POLICIES (subject to change from time-to-time)

1. MEMBER ACCOUNTS

A Miami Open Membership (“Membership”) is a revocable license issued annually by SFS Events, LLC and International Players Championship, LLC (“Miami Open”), as licensor. Payments made in connection with Memberships are non-refundable, whether made online, in-person, or otherwise, except as expressly stated herein. If a Membership is revoked by Miami Open without cause, Member’s exclusive remedy shall be a refund of any amounts paid for which no corresponding Membership benefits have been provided, which refund determinations shall be made by Miami Open in its sole discretion. Members shall not be entitled to any refund in any other circumstance, including, without limitation, if the Miami Open revokes your Membership for cause, which shall include, without limitation: (i) failure to make timely payments, (ii) violation of any Miami Open or Hard Rock Stadium policies, as amended from time-to-time, including, without limitation, unruly or inappropriate behavior by you or any person that utilizes your tickets, which determination shall be made by the Miami Open in its sole discretion; (iii) resale of tickets for an amount less than face value.

Memberships are subject to the terms, conditions and policies established from time to time by Miami Open. The current policies may be modified and/or supplemented at any time by the Miami Open. Any modifications or new policies will be effective when adopted. Members should not rely upon or have any expectation that the policies presently applicable will be applicable at any time in the future.

2. LICENSE FROM YEAR-TO-YEAR (RENEWAL)

Members are valued customers of the Miami Open, and the Miami Open will diligently attempt to accommodate its customers. However, the opportunity to license a Membership from year-to-year, at any seat location, is a privilege granted by the Miami Open, which may be revoked at any time. Neither a Membership, nor the opportunity to license a Membership from year-to-year, constitutes any form of legal or equitable right, including without limitation an express or implied contract, lease, option, right of first refusal, implied trust, or expectancy interest. There is no automatic right to license a Membership from year-to-year, nor is there any guarantee that this privilege will be offered or granted by the Miami Open. Members should not form any manner of reliance on the privilege to license a Membership or Miami Open tickets from year-to-year, nor can there be any prescriptive right to license a Membership annually. The privilege to license a Membership and Miami Open tickets from year-to-year is not “property” and creates no property rights whatsoever under state statutory or common law or under the United States Bankruptcy Code. Additionally, seat locations shall be subject to change by the Miami Open in its sole discretion.

3. IMPERMISSIBLE TRANSFERS

Except as expressly set forth in this section, Membership and accounts are nontransferable, including without limitation assignment or transfer to a third-party, change of names (except upon submission of a marriage certificate or court order evidencing the same), or purported assignments to an “in care of” status. A Member may not either voluntarily or by operation of law, assign, encumber, sublicense, or otherwise transfer a Membership (collectively, “Transfer”), EXCEPT that a Member shall be permitted to Transfer a Membership (i) to an Affiliate if the Member is a partnership, corporation or limited liability company; or (ii) to immediate family Members as further described in the Miami Open Membership Transfer Assignment Form. Membership shall not be deemed to be property of an estate in bankruptcy and are not transferable under the United States Bankruptcy Code. In the event that a Member files for protection under any chapter of Bankruptcy Code, the subject Membership shall immediately become void and of no further force and effect, and the Miami Open shall be entitled to resell the Membership to a third-party in its sole and complete discretion. If the Member of Record is deceased, the court appointed Personal Representative may transfer the Membership to one or more of the deceased Member’s Immediate Family Members as defined above. The Personal Representative must provide documentation by the courts authorizing him or her to act in that capacity and information or documentation to demonstrate that the transferee Member is an Immediate Family Member.

4. REVOCATION OF MEMBERSHIP OR MEMBER ACCOUNT – DISPUTES

The Miami Open reserves the right to revoke any Membership or Member Account without cause. In any dispute concerning Membership or Member Account, the prevailing party shall be entitled to recover the costs and expenses incurred in connection with such dispute, including, without limitation, reasonable attorney’s fees.

5. AMERICANS WITH DISABILITIES ACT INFORMATION

The Miami Open will fully meet and comply with the Americans with Disabilities Act and its implementing regulations to ensure that patrons with disabilities received full and equal enjoyment of the goods, services facilities, privileges advantages or accommodations provided by the Miami Open and Hard Rock Stadium. Additional information regarding ADA-issues is available on the ADA section of the Hard Rock Stadium website, or by calling 1-888-FINS-TIX and asking to speak with our ADA Coordinator. You may also email our ADA Coordinator at Cdecatrel@dolphins.com or visit the fully accessible Miami Open ticket office located at 347 Don Shula Drive, Miami Gardens, FL 33056, Monday-Friday, 9am-5pm.

6. RIGHT TO CONTACT

Members agree to receive pre-recorded/artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from the Miami Open, International Players Championship, LLC, Miami Dolphins, Ltd., South Florida Stadium LLC, and the foregoing’s affiliates and partners (“Contacting Parties”), at any telephone number or email address that have been provided to the Contacting Parties or that the Contacting Parties have otherwise obtained, which could result in charges to you. The Contacting Parties and/or their partners or affiliates may place such calls, texts or emails to (i) notify members regarding upcoming appointments, (ii) notify members of upcoming Miami Open and other Stadium events, (iii) troubleshoot problems with accounts, (iv) resolve a dispute, (v) collect a debt, or (vi) as otherwise necessary to service member accounts or enforce this policy, Miami Open or Hard Rock Stadium policies, applicable law, or any other agreement the Contacting Parties and/or their partners or affiliates may have with members. The ways in which members may provide Contacting Parties a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to an account at a later time, or providing it to any employees, partners, or affiliates. You consent to receive SMS or text messages and understand that you will be responsible for any standard telephone minute and text charges if you are contacted. You understand that you may revoke this express consent at any time by sending an email to customerservice@dolphins.com or by calling the Miami Open at: (305) 943-8000.

7. GOVERNING LAW/JURISDICTION & ARBITRATION

All matters relating in any manner to this policy, including attending any Miami Open events, shall be construed and enforced in accordance with the laws of the State of Florida, without regard to the conflict of laws provisions of such law. You (and the user(s) of your tickets for any particular match or event at Hard Rock Stadium), agree that any dispute between or among you, your attorneys, agents, successors, heirs, and assigns, guests, or any other person who uses tickets issued to you to attend an event, on the one hand, and International Players Championship, LLC, South Florida Stadium LLC, SFS Events, LLC, and/or Miami Dolphins, Ltd. (inclusive of any of their parents, subsidiaries, owners, officers, directors, employees, agents, affiliates, concessionaires and independent contractors), on the other hand, relating in any way to your tickets, or any issues that may arise in connection with this policy shall be resolved by binding arbitration. The arbitration shall be conducted in the State of Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual. In addition, you specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. You understand that the arbitrator’s decision will be final and binding, and that other rights that you may have if you went to court may not be available in arbitration.

8. Acceptance of Terms/Conditions & Privacy Policy

Upon remitting any full or partial payment toward your annual Miami Open Membership Dues, or by accepting delivery of your tickets or Miami Open Member benefits, you acknowledge responsibility for payment in accordance with the terms and conditions of this policy, including the Ticketmaster Terms of Use. You understand that your personal information may be used by (i) SFSE, South Florida Stadium LLC and their parents, subsidiaries, affiliates and designees in accordance with the Hard Rock Stadium privacy policy at http://www.miamidolphins.com/footer/privacy-policy.html (as updated from time to time), and (ii) International Players Championship, LLC, IMG Worldwide, LLC and their parents, subsidiaries and affiliates in accordance with the Miami Open privacy policy at http://miamiopen.com/policies (as updated from time to time), which policies are hereby incorporated by reference.

9. MISCELLANEOUS

The Miami Open is not responsible for, and the member assumes all risks, incident to matches or related events, to which this ticket admits the holder, including the risk of lost, stolen or damaged property or personal injury. Ticket holders may not enter Hard Rock Stadium or otherwise use tickets for advertising, promotion or other commercial purposes (including contests, sweepstakes and giveaways) without the Miami Open’s express written consent. Upon remitting any full or partial payment toward your Membership, or by accepting delivery of your tickets or other Member benefits, you agree to the terms and conditions set forth herein as may be amended from time-to-time, as well as the Ticketmaster Terms and Conditions at http://www.ticketmaster.com/h/terms.html. You hereby acknowledge and agree that your tickets will be delivered via Ticketmaster (or its designees).

ACCREDITATION POLICIES:

Our Accreditation Policies will be posted on or before October 1, 2019.  For more information, please contact Sam Henderson @ Sam.Henderson@img.com

Website Terms and Conditions of Use

Last Updated: August 5, 2019

These Terms of Service (“Terms”) apply to your access to and use of the website provided by IMG Worldwide, Inc. and our parents, subsidiaries and affiliates (collectively, “IMG Worldwide,” “we” or “us”) where these Terms are posted (collectively, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Service.

Please refer to our Privacy Policy, found at: https://www.miamiopen.com/privacy-policy for information about how we collect, use and share information about you when you attend the Miami Open (“Miami Open”), access or use the Miami Open Service or otherwise interact with us in connection with Miami Open.

If you have any questions about these Terms, our Service or our events, please contact us at sam.henderson@img.com.

1.  ELIGIBILITY

You must be at least 18 years of age to access or use our Service. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2.  USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Service. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.

3.  USER CONTENT

Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and IMG Worldwide.

You grant IMG Worldwide a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) will be visible to the public.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and IMG Worldwide;
  • Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
  • Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
  • Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
  • Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose IMG Worldwide or others to any harm or liability of any type.
  • In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

5.  FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about IMG Worldwide or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of IMG Worldwide.  We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

6.  PROMOTION

Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

7.  COPYRIGHT AND TRADE MARK

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “IMG Worldwide Content”) are owned by or licensed to IMG Worldwide and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, IMG Worldwide and our licensors reserve all rights in and to the Service and the IMG Worldwide Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and IMG Worldwide Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or IMG Worldwide Content; (b) copy, reproduce, distribute, publicly perform or publicly display IMG Worldwide Content, except as expressly permitted by us or our licensors; (c) modify the IMG Worldwide Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or IMG Worldwide Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or IMG Worldwide Content other than for their intended purposes. Any use of the Service or IMG Worldwide Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

8.  NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS

When you attend the Miami Open, you enter an area where photography and video recordings may occur.  By entering the Miami Open premises, you consent to such photography and video recording and you release IMG Worldwide for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Miami Open premises.

9.  COPYRIGHT COMPLAINTS

We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify IMG Worldwide’s Designated Agent as follows:

Designated Agent:                 Debra Shuwarger

Address:                                 9601 Wilshire Boulevard, Third Floor

                                               Beverly Hills, California 90210

Telephone Number:               310-285-9000

Fax Number:                          310-285-9010

E-Mail Address:                     copyrightagent@img.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to IMG Worldwide for certain costs and damages.

10.  INDEMNIFCIATON

You will indemnify, defend, and hold harmless IMG Worldwide and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “IMG Worldwide Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and IMG Worldwide or the other IMG Worldwide Parties.

11.  DISCLAIMERS

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.

Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, IMG Worldwide does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While IMG Worldwide attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.

12.  LIMITATION OF LIABILITY

IMG Worldwide and the other IMG Worldwide Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if IMG Worldwide or the other IMG Worldwide Parties have been advised of the possibility of such damages.

The total liability of IMG Worldwide and the other IMG Worldwide Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of IMG Worldwide or the other IMG Worldwide Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13.  RELEASE

To the fullest extent permitted by applicable law, you release IMG Worldwide and the other IMG Worldwide Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You understand and expressly agree that the foregoing release extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct or omission of the other party that has occurred through the date hereof.  Section 1542 of the California Civil Code reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.

Any and all rights granted to the parties under this Section 1542 of the California Civil Code, or any analogous state law or federal law or regulation, are hereby expressly waived.

14.  TRANSFER AND PROCESSING OF DATA

By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

15.  DISBUTE RESOLUTION; ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with IMG Worldwide and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or IMG Worldwide seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or IMG Worldwide seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and IMG Worldwide waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in the Borough of Manhattan, New York in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and IMG Worldwide agree that any dispute arising out of or related to these Terms or our Service is personal to you and IMG Worldwide and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and IMG Worldwide agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.  As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and IMG Worldwide agree that for any arbitration you initiate, you will pay the filing fee and IMG Worldwide will pay the remaining JAMS fees and costs. For any arbitration initiated by IMG Worldwide, IMG Worldwide will pay all JAMS fees and costs. You and IMG Worldwide agree that the state or federal courts of the State of New York and the United States sitting in the borough of Manhattan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and IMG Worldwide will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing sam.henderson@img.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

16. GOVERNING LAW AND VENUE

These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Borough of Manhattan, New York.

17. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.

18. TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.

19. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. MISCELLANEOUS

These Terms constitute the entire agreement between you and IMG Worldwide relating to your access to and use of our Service. The failure of IMG Worldwide to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

PRIVACY POLICY

IMG Worldwide Miami Open Privacy Policy

Effective Date: August 5, 2019

This Privacy Policy describes how information about you is collected, used, and disclosed by IMG Worldwide, LLC, and our parents, subsidiaries and affiliates (collectively, "IMG Worldwide," "we" or "us") when you attend the Miami Open ("Miami Open") events, access or use our Miami Open website (collectively, the "Service"), or otherwise interact with us in connection with Miami Open. Please note that we may have different privacy policies with respect to certain parents, subsidiaries, affiliates, programs, or activities, and in those cases, this Privacy Policy will not apply.

INFORMATION COLLECTION

Information You Provide to Us

IMG Worldwide collects information from you when you choose to provide it to us. This may include when you request information from us, sign up for our newsletters or email lists, access or use our Service, make a purchase, participate in our contests, promotions, sweepstakes, surveys, or interviews, request support, or otherwise interact with us.

The information we collect may include your name, address, email address, telephone number, payment information, and any other information you choose to provide. You may also be required to provide certain information to access certain portions of the Service.

Information We Automatically Collect

We may use cookies, web beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our Service. For example, we may automatically collect information such as your browser type, device type and operating system, unique device identifier, software version, IP address, and the domain name from which you accessed the Service. We also may collect information about your use of the Service including the date and time you access the Service, the areas or pages of the Service that you visit, the amount of time you spend using the Service, the number of times you return, whether you open, forward, or click-through emails and ads, log files, and other Service usage data. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Service or take full advantage of all of our offerings. Check the "Help" menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Note that our system may not recognize some or all Do Not Track headers from browsers.

If you attend Miami Open events where we are capturing audio and video recordings, we may also collect images of you.

Information We Collect from Other Sources

We may receive information about you from other sources and link or combine that with information we collect about you. For example, we may collect publicly available information about you from social media platforms.

INFORMATION USE

IMG Worldwide may use the information we collect from and about you to:

  • Operate, maintain, and improve the Service;
  • Develop new Services and content;
  • Provide you with customized content, targeted offers, and advertising on the Service or other sites and apps;
  • Monitor and analyze trends, usage, and activities in connection with the Service and Miami Open events;
  • Respond to your inquiries and provide customer service;
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries, prizes, and rewards;
  • Send you information, newsletters, and promotional materials from IMG Worldwide and our partners;
  • Protect the security or integrity of the Service and our business;
  • Link or combine with information we get from others to help understand your needs and provide you with better service; and
  • Carry out any other purpose described to you at the point of data collection.

INFORMATION SHARING

IMG Worldwide may share the personal information we collect from and about you:

  • With our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
  • With our service providers, vendors, and consultants who need access to the information to perform services for us;
  • With event sponsors and other partners, including but not limited to AGT GmbH International, Appy Entertainment GmbH, Appy Entertainment LLC and their respective affiliates and subsidiaries, where necessary to provide you with the Services and for their own business purposes, including for the purpose of sending you promotional communications;
  • As necessary if we believe that there has been a violation of the Miami Open Website Terms and Conditions of Use or of our rights or the rights of any third party;
  • To respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law;
  • In connection with any merger, sale of assets, financing, bankruptcy, or reorganization of our business; and
  • With your consent.

Further, IMG Worldwide may share aggregated or anonymous information which cannot reasonably be used to identify you.

SOCIAL SHARING FEATURES

The Service may offer social sharing features and other integrated tools such as the Facebook "Like" button, which let you share actions you take on our Service with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

ADVERTISING AND ANALYTICS

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Service and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Service and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms.

CHILDREN’S PRIVACY

We do not knowingly collect, use, or disclose personal information from children under the age of 13, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”). If we are made aware that we have collected personal information from a child under 13 years old in a manner that is inconsistent with COPPA, we will delete the information as soon as possible.

The website is a general audience website. However, we may collect information about children under 13 from parents for certain programs. The information we collect is the child’s name, date of birth and the address provided by a parent/guardian. We use this information to allow you to sign your child up for these activities. If you no longer wish to allow your child to be part of any such programs or wish to delete all information collected about your child, please contact us at sam.henderson@img.com.

We will not share your child’s personal information with any third party for any reason. If you feel we have collected personal information from your child directly, please contact us at sam.henderson@img.com to request immediate deletion of that information.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits California residents to opt-out of the disclosure of their personal information our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to sam.henderson@img.com or write us at 347 Don Shula Drive, Miami Gardens, FL 33056, Attn: Miami Open Marketing.

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites when he or she uses our Service.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

ACCESS/CHOICE

You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Data, and to request access to, rectification, erasure and portability of your own Personal Data. For purposes of this Privacy Policy, “Personal Data” shall mean any information (i.e. name, identification number, location data, etc.) that can be used to identify a person, whether through direct or indirect means. Requests should be submitted by contacting us by emailing sam.henderson@img.com.

If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law.

Upon request, we will provide you with information about whether we hold any of your Personal Date. If your information changes; if you would like to change your preferences for receiving commercial emails from us; if you no longer would like us to share your information with our marketing partners; or if you no longer desire to use the Service, you may request that we update or remove certain information or settings by signing into your account and making the required changes or by emailing sam.henderson@img.com. We will try to respond to your request within 30 days.

DATA STORAGE

Your information may be stored on servers in the United States and is subject to the laws of the United States, where the data protection and other laws may differ from those of other countries. Your information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By accessing or using the Service or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

DATA RETENTION

We will retain your information only for as long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations, legal requirements and the duration of your use of our website and receipt of our Services.

DATA SECURITY

IMG Worldwide takes reasonable precautions to help protect your information. We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Service users. Because there is always some risk in transmitting information over the Internet, we cannot guarantee the security of your information.

The Service may have links to third-party sites or applications, which may have privacy policies that differ from our own.  We are not responsible for the practices of such sites or applications.

YOUR COMMUNICATION CHOICES

Promotional Communications

You may opt out of receiving promotional communications from IMG Worldwide by following the instructions in those communications or by emailing sam.henderson@img.com. If you opt out, we may still send you non-promotional communications.

IF YOU HAVE QUESTIONS

If you have any questions about this Privacy Policy or the practices described herein, you may contact us sam.henderson@img.com.

REVISIONS TO THIS STATEMENT

IMG Worldwide reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Service and update the date at the top of this Privacy Policy. If we change the Privacy Policy in a material way, we will provide appropriate notice to you. We encourage you to review the Privacy Policy whenever you access the Service or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

COOKIE POLICY

IMG Worldwide Miami Open Cookie Policy

Last Updated: August 5, 2019

IMG Worldwide, LLC ("we", "us", "our") are committed to protecting and respecting your privacy.

Our website uses cookies and other similar technologies (as described below) to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website. This also allows us to improve our Website and provide you with tailored content and advertising.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or mobile device if you agree. Cookies contain information that is transferred to the hard drive of your computer or mobile device.

Strictly Necessary Cookies

These cookies are essential in order to enable you to browse our Website and use its features. The information collected by these cookies relate to the operation of our Website, for example website scripting language and security tokens to maintain secure areas of our Website.

Performance / Analytics Cookies

These cookies collect anonymous information about how you use our Website, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Website. Information collected by these cookies is used only to improve your use of our Website and never to identify you. These cookies are sometimes placed by third-party providers of web traffic analysis services. We use Google Analytics. For information on how Google processes and collects your information in regard to this product and how you can opt-out, please see www.aboutads.info/choices

Functionality

These cookies remember choices you make, for example the country you visit our Website from, your language and any changes you have made to text size or other parts of web pages that you can customize, in order to improve your experience of our Website and to make your visits and use more tailored and enjoyable. The information these cookies collect may be anonymized and cannot be used to track your browsing activity on other websites.

Targeting or Advertising

These cookies collect information about your browsing habits and inferred interests in order to make advertising more relevant to you. They are also used to limit the number of times you see an advert, as well as to measure the effectiveness of an advertising campaign. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, for example advertisers.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely analytical/performance cookies or targeting cookies.

FURTHER INFORMATION

Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Website, including certain personalized features, if you delete or refuse cookies.

To opt out of being tracked by Google Analytics across our Websites, visit https://tools.google.com/dlpage/gaoptout.

For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu or http://www.aboutads.info which have further information about behavioral advertising and online privacy.

REVISIONS TO OUR COOKIES POLICY

We reserve the right to revise this Cookies Policy at any time. When we do, we will give notice on this Website for a reasonable time and post the change(s) on this Website. By continuing to use the Website after such notice, you agree and consent to such revised Cookies Policy. If you do not agree, then you must not use the Website. We recommend that you review the most up-to-date version of the Cookies Policy periodically.