In addition to the Terms of Use, the following terms and conditions apply when you use the ticketing services to procure tickets for and attend future experiences at participating third-party restaurants made available by OpenTable (through the OpenTable Sites or otherwise) in the United States, Mexico, and Canada (“Dining Events Terms”). These Dining Events Terms are incorporated into and form a part of the Terms of Use that apply to your use of the OpenTable Sites and Services. In the event of any conflict between these Dining Events Terms and any other provision of the Terms of Use, these Dining Events Terms shall prevail. All capitalized terms not otherwise defined herein shall have their meanings as set forth in the Terms of Use.

1. General Description and Requirements. The Visa Dining Collection Events (each, a “Dining Event”) are ticketed events organized by OpenTable and participating Restaurants and offered to cardholders with eligible U.S. issued Visa Infinite cards, Mexico issued Visa Infinite® cards or Canada issued Visa Infinite Privilege® cards (“Eligible Visa Cards”). The following terms and conditions apply when you use the ticketing services to purchase tickets made available through the OpenTable Sites (or otherwise) for future Dining Events at a set date and time at participating Restaurants (“Tickets”). An Eligible Visa Card is required to purchase a Ticket to a Dining Event during an early access period when Tickets are offered only to Users with Eligible Visa Cards; Dining Event Tickets that are still available within 14 days of the Dining Event may be released for purchase by Users without an Eligible Visa Card. Tickets are not gift cards or gift certificates. Unlike gift cards or gift certificates, you are only entitled to use Tickets for the applicable Dining Event. Tickets are for the specific Dining Event at the date and time indicated on the Ticket and/or your receipt. Tickets may be in the form of a confirmation email from OpenTable or the Restaurant, or other confirmation provided by the Restaurant.
2. No Refunds or Cancellations. Each Restaurant determines the refund and cancellation policy for its particular ticketed experience. Except as otherwise stated, all Tickets (a) are non-refundable and non-cancellable (b) are for a specific date, time, and Dining Event and (c) cannot be exchanged for a Ticket with a different date, time, or Dining Event. Contact the Restaurant with any refund requests or questions about its refund or cancellation policy
3. Participation at Restaurant’s Discretion. All transactions are between the Restaurant and the User. The Restaurant may, in its sole discretion, refuse entry to, remove or disqualify from participating any person that the Restaurant reasonably believes is a threat to the health, safety and/or enjoyment of other patrons or its staff, or is otherwise in non-compliance with the Restaurant’s own dress code or code of conduct.
4. No Resale. You may not resell or transfer a Ticket for use by any other party.

Certain Limitations. OpenTable and Restaurants reserve the right to modify and/or reschedule a Dining Event at any time, at their discretion, and shall use good faith efforts to provide advance notification of any material alterations. Neither Visa, OpenTable nor the participating Restaurants (nor their employees, affiliates and agents) will have any liability or responsibility for any claim arising in connection with participation in the Dining Event. By purchasing a ticket and accepting these terms, participants agree to the Individual Release Form and Limitation of Liability and Release each as set forth below.

INDIVIDUAL RELEASE FORM

By agreeing to these terms and participating in a Dining Event, you hereby (a) grant OpenTable, Inc. (“OpenTable”), Visa U.S.A. Inc., its issuers and related entities (“Visa”), and the participating Restaurant, or any entity operating on OpenTable, Visa, or the participating Restaurant’s behalf or with OpenTable, Visa, or the participating Restaurant’s express authorization, the right to photograph, videotape or otherwise record you, your voice and any statements you make and (b) give OpenTable, Visa, and the participating Restaurant, and each of their affiliates, assigns, licensees, successors in interest, legal representatives, employees, officers, directors, agents, contractors and shareholders (collectively, the “Entities”) the irrevocable right to use your name, voice, image, photograph, statements and likeness (as recorded by the Entities or provided by you to the Entities) in any manner related to the business of the Entities, including without limitation its website(s), mobile applications, marketing, advertising, recruiting, credits, presentations, and publications. The rights you grant to the Entities include the right to use your name, voice, images, photograph, statements and likeness (including any video or still recordings thereof) in any Content (as defined below) in any manner, without any restriction as to changes or alterations (including but not limited to composite, altered or distorted representations). You agree that OpenTable and/or Visa owns the copyright in the Content and may reproduce, distribute, modify, adapt, publicly display, publicly perform, make derivative works of, and disclose such Content in any manner, including to a wide public audience, and may permit third parties to do the same. “Content” means any media content in any form (whether tangible or electronic, now existing or developed in the future), including any images, photos, video, audio, sound recordings, digital media or other similar materials of any type.

You agree that the Entities: (x) have no obligation to credit you in any Content and (y) may use your name or any fictional name to refer to you in Content in OpenTable or Visa’s sole discretion. In addition, you agree that your participation in this project does not confer upon you any rights to Content (such as the right to control the use of such Content or to use the Content yourself). You hereby waive any right to inspect, approve or control the Content (including any written copy or soundtracks that may appear in connection therewith) and the usage thereof.

You hereby release and agree to hold the Entities harmless from any claims, demands or liability arising in connection with the Content or the use of your name, voice, image, photograph, statements and likeness, including without limitation: (i) any claims under any rights of publicity or privacy (such as any rights under California Civil Code Section 3344 and any similar state, federal or common law); (ii) any claims by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, of your name, voice, image, photograph, statements and likeness; and (iii) any claims of defamation or libel. YOU UNDERSTAND THAT THIS INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS WITH RESPECT TO THE CONTENT AND THE USE OF YOUR NAME, VOICE, IMAGE, PHOTOGRAPH, STATEMENTS AND LIKENESS. In giving this release, which includes claims which may be unknown at present, you acknowledge that you have read and understand Section 1542 of the California Civil Code which 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.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Entities.

This release and any all matters and disputes arising hereunder (including non-contractual disputes or claims) will be construed in accordance with laws of the State of California, without reference to its choice of law provisions.

You affirm that you are over the age of majority and have all necessary rights to enter into these terms in your own name. You agree that these terms will be binding on you and your heirs, legal representatives, successors and assigns. You have read this release prior to purchasing a Ticket, fully understand and approve its content, and agree to its terms.

LIMITATION OF LIABILITY & RELEASE

IN CONSIDERATION OF YOUR, OR YOUR MINOR(S)’, ATTENDANCE AT AND PARTICIPATION IN THE DINING EVENT, YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT IN NO EVENT WILL ANY OF OPENTABLE, VISA, THE PARTICIPATING RESTAURANTS, NOR ANY OF THE FOREGOING’S EMPLOYEES, AFFILIATES, OR AGENTS (COLLECTIVELY, THE “EVENT PARTIES”) BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, CONTRACTION OF ILLNESS OR DISEASE, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, AND YOU RELEASE THE EVENT PARTIES FROM ALL SUCH CLAIMS. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EVENT PARTIES BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR, OR, IF APPLICABLE, YOUR MINOR(S)’, ATTENDANCE AT OR PARTICIPATION IN THE DINING EVENT, OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NON-USE OF ANY MATERIAL PROVIDED BY THE EVENT PARTIES (INCLUDING ANY TRAVEL OR TRAVEL-RELATED ACTIVITY THERETO), WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVENT PARTIES ARE NOT RESPONSIBLE FOR ANY LOST, DAMAGED, MISSING, OR STOLEN PROPERTY OF EVENT ATTENDEES.