The Magical Winter Lights
is committed to respecting and protecting your privacy rights when visiting any
page of our Website, https://tickets.magicalwinterlights.com/. To protect your Personal
Information, the Magical Winter Lights has created the guidelines outlined below,
which explain the kinds of information the website collects, how it is used,
the conditions under which it is made available to third parties, how
information is maintained and our compliance with the Children’s Online Privacy
Act. Your use of the website indicates your acceptance of and agreement with
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
- This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the “Holder”), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by Magical Winter Lights LLC and/or its affiliates (“MWL”) and any operator of the event grounds (including, without limitation, parking areas and entry gates) (the “Event Grounds”) at which any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Event Grounds, the Holder is deemed to have read all such terms and agreed to be bound by them.
- The Holder and the Holder’s belongings may be searched upon entry into the Event Grounds and/or other security checkpoints, prohibited items may be confiscated at the sole discretion of the MWL and Event Grounds personnel, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the MWL, Event Grounds, and related personnel. If the Holder elects not to consent, the Holder will be denied entry into the Event Grounds without refund or credit.
- The Holder grants permission to the MWL (and its respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
- Due to the uncertainty related to the COVID-19 and any resulting disease (together with any mutation, adaptation or variation thereof (this ticket and the Holder’s admission to the Event Grounds are subject to all safety and health requirements and policies put in place by MWL, including any requirements relating to facemasks and/or enhanced health screenings (which may include a requirement that the Holder, and any person for whom the Holder obtains a ticket or is in the Holder’s party, be tested for and/or vaccinated for COVID-19 prior to the Event). Such policies and requirements as they may be updated from time to time (in the sole determination of MWL) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by MWL or Event Grounds personnel or signage in or around the Event Grounds, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
- MWL has put in place preventative measures to reduce the spread of the COVID-19 virus; however, MWL, under no circumstances, is able to guarantee that Holder and Holder’s Related Persons will not become infected with the virus while on Event Grounds and in surrounding areas. Adherence to MWL event policy and guidelines will be continuously monitored and enforced by Event Grounds personnel. As such, Holder, on behalf of Holder and Holder’s Related Persons, agree that the following are true on the day of the attendance of the Event:
- ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. IN NO EVENT SHALL MWL 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 THIS TICKET.
- THE HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS.
- THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
- On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event Grounds or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
- Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and MWL, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Magical Winter Lights, 1000 N Post Oak, Houston, TX 77055. The Holder and MWL agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. 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 Houston, Texas, conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. In the event of any dispute with regard to this Ticket and Holder’s attendance of the Event, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay upon demand all reasonable fees and expenses of counsel for the prevailing party. 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 exclusively 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 MWL AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE 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 EVENT GROUNDS.
● I declare I am not experiencing or exhibiting any COVID-19 related symptoms as outlined by the federal and state Center for Disease Control and Prevention (CDC) such as fever, dry cough, or shortness of breath.
● I acknowledge I must follow the safety protocols that have been implemented by MWL and posted in Event Grounds including practicing social distancing and maintaining separation of six feet from individuals.
● I declare I have not traveled internationally or to a highly impacted COVID-19 area within the United State during the last (14) days.
● I am not aware nor do I believe I have been recently exposed to anyone with a positive and confirmed case if COVID-19.
● I acknowledge I may be removed from an event or asked to leave the Event Grounds should I exhibit any behavior in direct contrast to MWL guidelines and safety measures.
As used herein:
“Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
“Released Parties” means: (i) Magical Winter Lights LLC, its respective direct and indirect owners, affiliates, employees, administrators, designees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Event Grounds; (iii) all third parties performing services at the Event Grounds; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities. If any provision or part of these terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms remain valid and binding.
While visiting the website, we may ask you to provide
information that personally identifies you ("personal information")
for purposes of interacting with the website. Such personal information may
include, but is not limited to, your name, phone number, street address and
e-mail address, age and gender. On any page that collects personal information,
we will specifically describe what information is required in order to provide
you with the product or service or enter you in the promotion you have
requested, as well as respond to your inquiry or comment. This personally
identifiable data is collected by means of form interfaces on our website, into
which the user must voluntarily enter the information requested. If you place
an online order or enter a commercial transaction at this website, we will
collect additional personally identifiable information, including billing
address and credit card information. We may also collect personally
identifiable information through purchase forms, surveys, contests, emails we
receive from you and your other interactions with our website. You may browse
the website without registering or providing any personally identifying
This website also collects anonymous data that is not
indicative of and cannot be traced to an individual without the cooperation of
their Internet Service Provider. This data includes information about the
user's remote IP address, referral data (which page "linked" to the
present request) and the browser software's user-agent string. This information
is accepted passively from the HTTP headers that are sent from the user when
requesting any file from the server. Magical Winter Lights does log IP addresses for
systems administration, troubleshooting purposes and to determine website
The website uses "cookies", which are
elements of data that a website can send to your browser, which may then be
stored on your system. This element of data is a piece of text, not a program.
The website can only access the information from a cookie sent by the website.
We cannot access other cookies sent by other websites or the information
contained therein. Additionally, we cannot learn your e-mail address or any
other information about you through the use of a cookie. The only way we would
learn such information is if you specifically and voluntarily submit that information
to us, for example, through a registration system, by entering a sweepstakes or
personalize your experience when you are visiting the Website. By tracking
usage, we can best determine what features of the website best serve the users.
the website. The information is used to keep our website fresh and relevant to
you, the user. Cookies also allow you to avoid retyping your e-mail address on
the website. The information stored in a cookie is used to allow us to
personalize your experience on the website.
May I decline to accept a cookie?
You may decline to accept cookies sent by the website by selecting an option on
your browser to reject cookies. However, some portions of the website may
require cookies in order to provide you with the full set of features offered.
Cookies enable our server to know that you are a registered user. In addition,
our registration system may require that you accept the cookies from the
website in order to access that portion of the website.
Use of Personal Information
We believe in protecting your privacy and will not share personal information
with third parties outside of Magical Winter Lights, except as described in this
with the information you share with us. We use personal information about you
to improve our advertising and marketing efforts, to statistically analyze
website usage, to improve our content and product offerings and to personalize
the website's content, layout, and services. We also may use your personal
information, such as your e-mail address or mailing address, to contact you
regarding products and/or services that may be of interest to you, to respond
to an inquiry from you regarding the information that we have collected, to
respond to your comments and suggestions and to fill orders and complete
commercial transactions that you initiate with this website.
Magical Winter Lights may match specific and/or aggregated personal information with
third party data to provide you with product and content offerings that
interest you and improve our advertising and marketing efforts. Magical Winter Lights
also may disclose aggregated user statistics in order to describe our services
to potential advertisers, partners, other third parties, our affiliate
companies and for other lawful purposes. For example, we provide our
advertisers with aggregate information about our users, such as statistics
regarding the number of website users that view their advertisements.
As part of your experience on our website, you may receive communications from
us related to products and services that might interest you. While we believe
these services will enhance your experience at our website, you will at all
times be able to opt out from receiving these communications, either by
specifically opting out of these services or by deleting your profile from our
We have today, and will in the future, have arrangements with third party
service providers, such as credit card processors, shipping companies, and
fulfillment services, other third-party vendors, or any partner who assists in
the operations and/or administration of this website.
When you sign up for a service we offer on the Website, we may be required to
share personal information with that service provider in order to provide the
service. These third party providers are not permitted to retain or use
personal information for any purpose unrelated to providing the service.
We reserve the right to disclose personal information when needed to comply
with the law or a legal process, cooperate with investigations of purported
unlawful activities, to identify persons violating the law, to investigate or
assist in investigations incident to misuse or abuse of this website, or in
connection with the sale of part or all of Magical Winter Lights.
Party Collecting the Information
Information entered by website visitors is retrieved directly by the Magical Winter Lights:
1000 N Post Oak Ste 220
Houston, TX 77055
that the website collects from you. To the extent that you disclose any
information to other parties, whether through, for example, online auctions,
chat rooms, personal ads, or the like, through third party services or
promotions offered on or through the website or through other websites
throughout the internet, different policies may apply and Magical Winter Lights
shall not be responsible for the use or dissemination of such information.
Links to Other Materials
Third party sites linked to and from the site are not necessarily under the
control of Magical Winter Lights. Magical Winter Lights shall have no
responsibilities or liabilities whatsoever for the content or privacy practices
of any such linked site or any link or linking program at any time. Magical Winter Lights
does not necessarily endorse companies (or related products or services) to or
from which the website is linked. If you decide to access any of the third
party sites linked to the website, you do so entirely at your own risk. Magical Winter Lights
hereby disclaims any rights to trademarks, service marks, trade names, logos,
copyrights, patents, domain names or other intellectual property interests of
The Children's Online Privacy Protection Act of 1998
(“COPPA”) applies only to websites of a commercial nature, and while Magical Winter Lights
is a nonprofit organization, it considers COPPA to provide sound advice for any
website that is intended for use by children. For this reason, Magical Winter Lights
does not knowingly collect or solicit any personally identifiable information
from children under 13 years of age without verifiable parental consent.
In the event that we receive actual knowledge that we have collected such
personal information without the requisite and verifiable parental consent, we
will delete that information from our database as quickly as is practicable.
With respect to any form interface that appears on a webpage at our website, no
information will be knowingly collected from any user under the age of 13.
Where “age” or “date of birth” is requested on the form interface, no
information will be stored or transmitted unless the response indicates that
the user is 13 years of age or older.
Providing personal information is never a prerequisite for accessing the basic
content or resources on this website.
Maintenance of Personal Information
The personally identifiable information collected at
this website may be indefinitely retained and electronically archived. Please
keep in mind that information collected at this website may be different than
that collected at or through other activities, events, or functions related to Magical Winter Lights
and the use and disclosure, if any, of such information may vary and are not
covered under this policy.
We respect your privacy and ability to choose whether to share information with
us and any third party. You may choose to "opt-out" of sharing
personal information in several ways. When choosing to use certain features or
services on the website, you can choose whether to share optional personal
information in connection with the feature or service. If you receive
communications from us that you prefer not to receive, you may opt-out from
receiving these communications, either by specifically indicating this
preference in a communication to us via the Unsubscribe link or by deleting
your registration profile from our database. You may also opt-out altogether
from providing personal information to us by not registering on the website and
thereby not providing personal information. You may also choose at a later date
to have your name removed from our database. To do so, please follow the
process described below. Certain portions of the website and certain services
provided on the website, however, do require registration in order to access or
use these areas and services. If you choose not to register or provide certain
information, these areas will not be accessible to you.
Reviewing, Changing and Deleting Your Personal Information
You may access all of the personal information that we
collect from you online and maintain by e-mailing us at email@example.com. To
protect your privacy and security, we will also take reasonable steps to verify
your identity before granting access or making corrections.
Magical Winter Lights maintains industry standard encryption technologies to ensure
the security, integrity and privacy of the personal information that you
provide through the website. Please keep in mind, however, that no data
transmission over the Internet or any wireless network can be guaranteed to be
100% secure. As a result, we cannot guarantee the security of any information
you transmit using our website, and therefore, it is important to remember that
you transmit such information at your own risk. Magical Winter Lights does not
assume responsibility for use or disclosure of your information that are the
result of unauthorized or illegal access to our systems or to those of our
vendors or partners.
If you have any questions or comments about our
Effective Date and Changes
Understanding that Internet technologies are rapidly evolving, any changes to
this policy will be promptly posted on this page, with an updated
"effective date" posted below. Magical Winter Lights reserves the right to
modify the terms of this policy at any time and in our sole discretion, by
posting a change notice to this page. Your continued use of the website
following our posting of a change notice will constitute binding acceptance of