TICKETING POLICY

 

 

TICKETING & ADMISSIONS POLICY (THE 'POLICY'):

ALL TICKET SALES, PURCHASES, INSTALLMENTS, DEPOSITS, AND PARTIAL PURCHASES UNDER A LICENSE AGREEMENT ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN.

By making a purchase of ticket(s), pass(es), credential(s), package(s), hospitality, experience(s), access or any other item(s), service(s) or combination of any of the foregoing (each, a “Purchase”) to, or attending, an event held at and/or by Churchill Downs Racetrack, including, but not limited to, live horse races including the Kentucky Derby and Kentucky Oaks, concerts, festivals, movies, etc. (an “Event”), you (“you”, “your”, “Customer”) acknowledge and agree to be bound by the terms and conditions set forth in this Policy, the back of any ticket, pass or event credentials of any kind (collectively, “Ticket(s)”), the terms and conditions of any third party service provider, as well as the Privacy Policy, Terms of Use, the COVID-19 Health and Safety Guidelines, and are entering into a legally binding contract with Churchill Downs Racetrack, LLC (“Churchill Downs”). Unless otherwise set forth in a signed agreement between the parties, you agree to not resell Tickets, or offer Tickets for re-sale at a premium in excess of the amount shown on the Ticket, except through our official fan to fan marketplace, Ticketmaster Ticket Exchange (the “Ticket Exchange”), to not package Tickets for resale together with hospitality, travel or other services and, if applicable, to not purchase (either directly or indirectly) more than the “per person” or “per household” Ticket limit established for the applicable offer. A Ticket must not be re-sold or offered for re-sale at a premium in excess of the amount allowed by any Federal, State or local law or regulation. A Ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of Churchill Downs. Tickets obtained from any source other than the Churchill Downs ticket office, ticketmaster.com (“Ticketmaster”) or Ticket Exchange may be lost, stolen, duplicate, or counterfeit Tickets and in such cases will not be honored. Churchill Downs does not assume responsibility for loss, destruction or theft of a Ticket. In the event of a conflict between this Policy and a separately negotiated written agreement between you and Churchill Downs signed by both parties, including by way of illustration a suite license agreement, personal seat license agreement, or sponsorship agreement, such other agreement shall take precedence in the interpretation of the matter in question.

Churchill Downs reserves the right, at its sole and absolute discretion, to cancel Ticket purchases, including without limitation, voiding online transactions and refunding amounts paid by (a) persons or entities known to Churchill Downs to be in the business of reselling Tickets at a premium over face value on sites other than the above mentioned Ticket Exchange, either separately or together with hospitality, travel or other services or (b) those who attempt to exceed or circumvent any applicable “per person” or 'per household' limit on the number of Tickets available for purchase through any online offers (collectively, “Resellers”).

In the event that Churchill Downs discovers that Tickets sold through an online offer are subsequently offered for sale in violation of the conditions of such online offer and/or this Policy (either by a Reseller or any other person or entity) or that Tickets have been purchased in amounts in excess of applicable limits established in such online offer, Churchill Downs further reserves the right to not honor any Tickets purchased through such online offer. In such event, Churchill Downs, at its sole and absolute discretion and without limiting other available recourse, may disable applicable Ticket barcodes or otherwise render such Tickets unusable and shall not have any obligation to refund the purchase price for such Tickets to the original purchaser.

Churchill Downs reserves the right to amend this Policy, and any other policies included in the Policy or incorporated by reference, at any time without prior notice to the public, at its sole discretion.

Your purchase is a revocable license. Churchill Downs reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse the admission of or eject any patron from any Event or other element(s) of your Purchase for failure to comply with this Policy, policies put in place for an Event, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Churchill Downs as a risk to the health and safety of other attendees, excessive consumption of alcohol (as determined in the sole discretion of Churchill Downs) disorderly, annoying, illegal, vulgar, abusive threatening, or aggressive. You and your belongings are subject to search during admission, or otherwise, in connection with your attendance at any of the Events included in your Purchase. You hereby consent to such searches and forever waive any and all related claims that could arise. Should you choose to withdraw such consent, you may be denied access to or removed from an Event, without refund or other compensation.

No person who has been ruled off, ejected, or excluded from any horse racing association grounds can be admitted by a Ticket.

By making a Purchase or attending the Event, you (on behalf of yourself and your guests/invitees) hereby irrevocably grant to Churchill Downs, its affiliates, designees, successors, assignees, and licensees, permission to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes, on or in connection with other events produced by Churchill Downs or any of Churchill Downs’s affiliates, and any broadcast or reproduction of a racing event, and hereby release Churchill Downs each of its affiliates and each of their respective designees, successors, assignees, and licensees from any liability with respect thereto. Except as expressly authorized by Churchill Downs or a third party authorized by Churchill Downs, you (on behalf of yourself and your guests/ invitees) may not film, photograph, broadcast, stream, publish, transmit, and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film, and/or other audio and/or visual content captured by any means whatsoever in or around the Event site.

The date, opening gate time, time of event of any ticketed and live racing event, and any other elements of your Purchase (including, but not limited to, cancellation, postponement or relocation) is subject to change at Churchill Downs’ sole discretion, and no such change shall entitle you to a refund or any other remedy in the event that you cannot attend for any reason due to such change. Opening gate time changes do not entitle the ticketed customer to a refund or exchange. A Ticket holder may be relocated in the sole discretion of Churchill Downs, and no such relocation shall entitle the Ticket holder to a refund or any other remedy if the Ticket holder is relocated to a seat of comparable face value.

You acknowledge and agree that by purchasing a ticket to the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and horses, participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; (g) other risks that are not known or foreseeable at this time; and (h) exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, sickness.

IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS, CUSTOMER, FOR ITSELF AND ON BEHALF OF ITS GUESTS/ INVITEES (INCLUDING MINORS ACCOMPANYING CUSTOMER OR ITS GUESTS/ INVITEES) (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY IRREVOCABLY AGREES THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASEES (AS DEFINED BELOW) FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDED SERVICES PURCHASED HEREUNDER.

Any element of your Purchase may be canceled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in Churchill Downs’ sole discretion if (i) Churchill Downs is prevented from performing hereunder or (ii) the Kentucky Derby or the Kentucky Oaks or any other race or Event is prevented from occurring or omitted, because of an act of God; pandemic (including COVID-19); infectious disease outbreak, unavoidable accident; fire; loss of power; lock-out; strike or other labor dispute; riot or civil commotion; war; act of public enemy; act of terrorism; enactment, rule, order or act of government or governmental instrumentality (whether federal, state or local), including any decision of the applicable state racing commission; inclement weather; or any other similar or dissimilar cause beyond the control of Licensor (each, a “Force Majeure Event”), including the loss of Churchill Downs’ racing license, and Churchill Downs will not be liable to you or any other party because of a failure to perform in part or in full caused by a Force Majeure Event

Notwithstanding the foregoing and except as set forth in the Live Racing Cancellation Policy set forth below, in the event that a Force Majeure Event causes Churchill Downs to cancel the Event, and Churchill Downs does not reschedule the Event, or the Event is held without patrons who purchased Tickets, you shall be refunded the amount actually paid for the Purchase by the purchase method used for the Purchase, provided that no amount of the service charge or various processing, handling, and shipping fees will be refunded. Persons who do not purchase directly from the selling channels of Churchill Downs, Ticketmaster, or the Ticket Exchange will not be refunded any amounts by Churchill Downs under any circumstances. Such ticketed customers should contact the point of purchase ticket provider, including (as applicable) QuintEvents, LLC for Tickets purchased through “Derby Experiences”, used for ticket purchase and payment completion for further assistance on refund and credit options.

CHURCHILL DOWNS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES (THE “RELEASEES”) SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES. RELEASEES SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY AMOUNTS, INCLUDING COMPENSATORY DAMAGES, IN EXCESS OF AMOUNTS PAID BY YOU TO CHURCHILL DOWNS ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE. THE REFUND DESCRIBED ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE INABILITY OF YOU TO UTILIZE YOUR PURCHASE BY REASON OF ANY CAUSE WHATSOEVER.

You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Churchill Downs and/or use of Ticketmaster or the Ticket Exchange; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; (c) your attendance and/or behavior at or in connection with the Event; and/or (d) your negligence, willful misconduct, or violation of law. Churchill Downs reserves the right, at its own expense, to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

For all orders related to Derby Week or Breeders Cup, the address associated with your Ticketmaster account Tickets shall be used for fulfillment of any shipped non-mobile Tickets; for mobile Tickets, your primary email address shall be used for fulfillment.

The following items may not be brought onto the premises: weapons (including concealed weapons), toy weapons, missiles or projectiles (or any item which may be used as such), thermoses, backpacks, luggage, duffel bags, wagons, balloons, grills, charcoal, glass, tents, alcohol, drugs, controlled substances, or any other substance which is prohibited by Kentucky or Federal Law. Attempts to bring them onto the premises will result in confiscation of such items and/or you may be denied access to or removed from an Event, without refund or other compensation. This list is illustrative only. Other items may be prohibited in Churchill Downs sole discretion as a condition of admission.

For a complete list of items that are permitted and prohibited on race meet days, click here.

For a complete list of items that are permitted and prohibited on Kentucky Derby & Oaks Days, click here.

For dress code information, click here.

Use of cellular telephones or similar communication equipment, or public telephones at Churchill Downs by patrons is allowed for personal and/or business purposes only. Use of such equipment to engage in illegal wagering or transmission of odds, race results, or related gambling information is strictly prohibited by Churchill Downs.

Please note that simulcast admission Ticket sales end ten (10) minutes prior to evening gate opening times on live racing event dates

ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND CHURCHILL DOWNS MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Churchill Downs may, without your consent, elect mandatory binding arbitration of any claim, dispute or controversy raised by you against Churchill Downs arising from or related to your application for or purchase of Tickets from Churchill Downs, your use of such Tickets or this Policy (the “Claim” or “Claims”). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. If Churchill Downs elects arbitration, the arbitration will be conducted as an individual arbitration. Neither you nor Churchill Downs consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties involved. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Claims to arbitration, you may be forfeiting the right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. Either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”) must administer the arbitration. The arbitration organization that is selected will apply its rules, codes or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or this Policy, in which case the terms of this arbitration provision or this Ticketing/Admission Policy will govern. These rules and procedures may limit the amount of discovery available to you. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims or privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court. All fees, including attorneys’ fees will be allocated in accordance with the rules of the arbitration organization. The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between you and Churchill Downs, including any and all claims or disputes concerning the validity, construction and performance of this arbitration provision. Any Claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or classwide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Louisville, Kentucky.

LIVE RACING CANCELLATION POLICY

Due to various circumstances outside of the control of Churchill Downs, including, but not limited to weather events, a Live Race may be cancelled or postponed at the discretion of Churchill Downs for the safety of the guests, jockeys, and horses.

A live race (“Live Race”) is defined as a discrete horse race that is started, run, completed, and made official by the appropriate officials at Churchill Downs Racetrack on a scheduled race date while gates are open to guests for Ticket purchase, race viewing, and wagering.

During a Live Race weather delay, updates may be provided to guests on the Churchill Downs Big Board. If a race day has been postponed, guests will be instructed, on Churchill Downs’s website and/or through the media, on Ticket exchange procedures for an eligible future race date.

If five (5) Live Races occur in a single day, the day constitutes an official day (“Official Day(s)”). On any Official Day, Churchill Downs will provide no refunds or exchanges for the day’s remaining scheduled races if such races are rescheduled, postponed, or run without ticketed spectators. For purposes of clarity, the foregoing applies to Live Races run during Derby Week and Breeders Cup Events.

A non-official day (“Non-Official Day(s)”) is any day on which the Churchill Downs gates are open to guests for Ticket purchase, race viewing, and wagering, which does not constitute an Official Day. On Non-Official Days:

• Churchill Downs may exchange dining and box seat holders’ Tickets for another race date during any race meet within the same calendar year, of equal or lower value. Churchill Downs makes no guarantee that the same seat location will be available.
• Churchill Downs may exchange general admission tickets holders’
• Tickets for Tickets to another race date during any race meet within the same calendar year, of equal or lower value.
• Tickets for the Non-Official Day shall not be valid for entry on any future live race dates.
• Refunds are not available.
• There are no refunds or exchanges on valet parking.
• Complimentary, season, or sponsor Tickets will not be exchanged.
• Exchange is subject to availability and not valid on restricted race dates, including Derby Week and Breeders Cup Events.
• During the same seasonal meet, guests may bring their cancelled race day program and/or tip sheet to a program booth to exchange for like product while attending their new live race date event. Daily Racing Forms from the cancelled race date are not eligible for exchange.
• Ticket exchanges can be made at any Churchill Downs box office location throughout the live racing season.
• Guest who ordered Tickets through Ticketmaster online may visit help.ticketmaster.com for existing order support.
• Pari-mutuel wagers will be priced or refunded according to the KHRC rules and regulations.
• Cancellation policies related to Tickets for Derby Week and Breeders Cup may differ and will be communicated to ticketed customers through the Churchill Downs website and/or the media if such instance would occur.
• CHILD TICKET POLICYIn certain circumstances as set forth below, patrons age twelve (12) years or younger (a “Child” or “Children”) may enter Churchill Downs Racetrack for free. All patrons must be at least eighteen (18) years old with a valid ID or accompanied by a legal guardian (who is at least eighteen (18) years old with a valid ID) to enter the facility.During days in which Churchill Downs Racetrack hosts live racing, including Family Adventure Days (excluding the Kentucky Derby & Oaks days and/or Breeders Cup events):
• General Admission: Children may attend Churchill Downs Racetrack for free with paying adult (who is at least eighteen (18) years old with a valid ID). Limit two (2) children per paying adult. Additional children will require the purchase of a full price general admission Ticket.
• Reserved Seating: Children under the age of two (2) may attend for free, provided the Child must be held or on the lap of an adult; Children ages two (2) through twelve (12), or any Child that needs his or her own seat, will require the purchase of a Child’s or full price Ticket.

 

During the Kentucky Derby & Oaks days and Breeders Cup Events:

• General Admission: Children may attend Churchill Downs Racetrack for free (limit of two (2) children per paying adult).
• Reserved Seating: Children of any age require a Ticket to be admitted to any reserved seating area.

Updated: February 7, 2022