Terms & Conditions
Last updated and effective November 14, 2019
NO PURCHASE NECESSARY TO ENTER OR WIN. WINNERS WILL BE SELECTED AT RANDOM. WINNING A LOTTERY WILL QUALIFY THE ENTRANT TO PURCHASE THE NUMBER OF TICKETS REQUESTED, AT THE PRICE DESIGNATED BY THE SHOW FOR THE LOTTERY ENTERED. PRIZE HAS NO CASH VALUE.
THE POLAR EXPRESS™ Train Ride Ticket Lottery (the “Lottery”) is sponsored by Midland Railway, PO Box 5, Baldwin City, KS 66006 (“Sponsor”).
Open only to persons 18 years or older. Employees, officers, directors and agents (and their immediate family members and household members regardless of where they live) of the Sponsor, or any of its divisions, affiliates, or subsidiaries, are not eligible to participate in the Lottery. Void where prohibited. Federal, state and local laws and regulations apply.
Entrants may enter a Lottery through the website: MidlandRailway.org (the “Lottery Website”).
An entrant may enter the Lottery for multiple participating shows, however they may only be selected as a winner for one (1) Lottery for matinee performances and (1) Lottery for evening performances per day.
As an example, a Lottery entrant may enter two participating Lotteries that are scheduled at 2PM, however they may only win one of the Lotteries entered. If a Lottery entrant enters Lotteries scheduled for 2PM and 8PM, they may be qualified to win both. Lottery entrants may enter a Lottery based on the timing established and advertised by that individual Lottery. All times indicated are local venue times. Entry times are subject to change on a daily basis without notice.
All entrants will be required to provide entrant’s first name, entrant’s last name, entrant’s e-mail address, entrant’s zip code, entrant’s birthdate, cell phone number, and the number of tickets requested. Entrant’s may be asked to complete a CAPTCHA when entering a Lottery.
There is a limit of one entry per person per performance for any and all methods of entry. For example, if Entrant enters a Lottery via an App the Entrant may not enter the same Lottery via the website. The use of automated or programmed methods of entry is prohibited. Duplicated entries for a Lottery will be disqualified, and entrants may be prohibited from entering future lotteries. Entry into a Lottery is not complete until the entrant has received an official confirmation displayed on the device used to enter the Lottery or via e-mail that their Entry has been received or via a notification on an App. Lottery availability and number of tickets per Lottery may vary and are subject to change.
The total number of tickets available for purchase through any Lottery for each Performance may vary, but in no event shall there be fewer than two (2) tickets available for purchase via each Lottery (the “Minimum”). The number of tickets to be sold through a Lottery for each Performance in excess of such Minimum (and the number of winning entries to be selected) shall be at the sole discretion of the Sponsor. Each winner shall receive the ability to purchase the number of tickets they have requested for that Lottery, subject to the ticket limits established by that Lottery at the time of entry. The Winner may only purchase the number of tickets they have requested in their Lottery entry.
Winners will be selected at random for a Lottery once the entry period for that Lottery has closed. Entrants will be notified via e-mail for web entries if they have been selected as a Winner for a Lottery. The Sponsor will use best efforts to ensure timely delivery of the e-mail. The Sponsor does not have an obligation to attempt to contact an entrant more than once to inform them if they have or have not been selected as a Winner of a Lottery. Notification for entrants who entered on an App will need to refer to the terms and conditions of the App for details on how notifications will be distributed. Sponsor bears no responsibility for the notification (or lack thereof) for entrants who entered a Lottery via an App.
Each drawing will be conducted by the Sponsor, whose decision is final and binding on all aspects of each Lottery. Failure of a potential Prize winner to respond as referred to above may result in disqualification and the selection of another winning entrant from among all eligible entries received for the applicable Lottery.
Winners will be entitled to purchase the number of tickets requested for the Lottery for which they were selected as a Winner at the price per ticket established plus handling fees (if any) as advertised at the time of entry (“the Prize”). After a Winner has been notified they will have a limited amount of time to purchase tickets via instructions in the confirmation emailed to them or the notification presented in the App. Tickets not purchased by the designated payment deadline may be offered to another entrant or may be sold to the general public at prevailing regular prices. A valid, un-expired photo ID matching the name on the Lottery entry must be presented at the Box Office to claim tickets. Photocopies of IDs will not be accepted.
The Prize does not have any monetary value, and is non-assignable, non-transferable and may not be substituted or redeemed for cash. All sales are final – no refunds or exchanges. Lottery seating is assigned at the discretion of the box office and may be located in any car in the train consist. When purchasing two tickets, every effort is made to seat the tickets together, however, it is possible that two tickets will not be contiguous based upon availability. All persons entering the venue, regardless of age, must have a ticket. Additional venue restrictions and conditions may apply.
CONDITIONS, DISCLAIMERS, AND LICENSE
By submitting entry into a Lottery the entrant has agreed to all Terms and Conditions listed herein, as well as the Midland Railway Ticketing Terms and Conditions, and to comply with all federal, state and local laws and regulations. All determinations made with regards to the Lottery are at the Sponsor’s sole discretion and are final. If an entrant or Winner is found in violation of these Terms and Conditions their submission may be disqualified and/or Prize revoked. Entries are void if unreadable, inaccurate, incomplete, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Terms and Conditions. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Lottery. Although the Sponsor attempts to ensure the integrity of the Lottery, the Sponsor is not responsible for the actions of entrants or other individuals in connection with the Lottery, including entrants’ or other individuals’ attempts to circumvent the Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Lottery. The Sponsor is not responsible for injury or damage to entrant’s or to any other person’s computer(s), mobile device(s), or other equipment, related to or resulting from participation in the Lottery or downloading materials from or using the Lottery Site. If, for any reason, the Lottery is not capable of running as planned for any reason including by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of the Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Lottery, the Sponsor reserves the right, in its sole and absolute discretion, to modify these Terms and Conditions and/or to cancel, terminate, modify, or suspend all or any part of the Lottery, and in its sole discretion to select any one or more new potential winners from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Notwithstanding anything to the contrary in these Terms and Conditions, Sponsor reserves the right to discontinue or suspend the Lottery at any time for any reason or no reason. By entering this Lottery and voluntarily providing your personal information, each entrant consents and agrees to the Sponsor’s collection and use of the entrant’s information for the administration of this Lottery and agrees to Sponsor’s use of entrant’s information for the purpose of contacting entrant in relation to this Lottery. The Sponsor may send promotional communications to entrant’s email address or cell phone number after entry. The entrant will have the option to opt-out of future emails and text messages. The entrant’s entry information (entrant’s first name, entrant’s last name, entrant’s e-mail address, entrant’s zip code, entrant’s birthdate, entrant’s cell phone number) may also be provided to the Show for any Lottery they enter for the purpose of receiving promotional email communication from that Show. The entrant will also have the option to opt-out of those future emails.
RELEASE AND INDEMNIFICATION
BY ENTERING THE LOTTERY, EACH ENTRANT RELEASES AND HOLDS MIDLAND RAILWAY AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, ADVERTISERS, PROMOTIONAL AGENCIES, DIRECTORS, MEMBERS, SUCCESSORS, SPONSORS, PARTNERS, LICENSEES, OFFICERS, AGENTS, EMPLOYEES, ARTISTS, ADVISORS, AND ASSIGNEES, AND EACH INDIVIDUAL OR ENTITY ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE LOTTERY, AND WARNER BROTHERS, ITS RELATED, AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AND OTHER AGENTS AND RAIL EVENTS, ITS RELATED, AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AND OTHER AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMES, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE LOTTERY OR PARTICIPATION IN ANY LOTTERY-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE LOTTERY, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON NEGLIGENCE, BREACH OF CONTRACT OR LIABILITY FOR PHYSICAL INJURY, DEATH, OR PROPERTY DAMAGE.
LIMITATION OF LIABILITY
THE LOTTERY, ALL PRIZES, AND ALL MATERIALS PROVIDED ON THE LOTTERY WEBSITE OR THROUGH THE LOTTERY ARE PROVIDED “AS IS” WITHOUT ARRENTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRENTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE RELEASE GRANTED BY ENTRANTS HEREIN, BY ENTERING THE LOTTERY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE LOTTERY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3)ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Kansas (without regard to conflicts of law principles).
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Terms and Conditions solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Terms and Conditions or any provision hereof.