2011 BNP Paribas Open
Terms and Conditions

Pertaining to Hotel Packages and Mobile Texting
Indian Wells Tennis Garden, Indian Wells, California
March 7 - 20, 2011

Mobile Texting |  Hotel Packages | Hotel Descriptions | Hotel Prices

Provision of Hotels and Services

The listed prices for Hotel Packages are based upon rates available as of July 1, 2011 and are subject to change without notice. However, once a Hotel Package is booked, the price quoted for that Hotel Package is guaranteed.

DC acts solely as an intermediary or agent for suppliers in selling hotel accommodations and services not directly supplied by it in connection with events held at the Indian Wells Tennis Garden. The suppliers providing hotel accommodations and other services are independent contractors and not employees or agents of DC or any of its members, subsidiaries or affiliates or their respective officers, directors, employees and agents, successors and assigns (collectively, the “DC Related Parties”). DC and the DC Related Parties are not liable for the acts, errors, omissions, representations, warranties or negligence of any such supplier or for any personal injury, death, property damage or loss, or other damage or expense, resulting therefrom to you, your traveling companions or group members, or any third party. DC and the DC Related Parties are not liable for any personal injury, death, property damage or loss, or other damage or expense, or delay to you, your traveling companions or group members or any third party resulting directly or indirectly from any occurrence or condition, including but not limited to acts of God, acts of war, hostilities or civil disturbances, weather, delays, cancellations, travel overbooking, strikes, defects in vehicles or equipment, acts of government or other authorities, thefts, quarantines, epidemics or other force majeure events.

Only authorized representatives of DC may vary, add or waive any terms or conditions set forth in the brochure or on the website. Your acceptance of tickets, reservations or bookings shall signify your consent to the above and an agreement on your part to convey the contents hereof to your travel companions or group members. DC reserves the right to reject any booking request, deposit or payment.

Reservations and Deposits

All rates are quoted in U.S. dollars. A non-refundable deposit is required at the time of booking in the amount of 50% of the total cost for the hotel/ticket package, per person. The remaining balance is due no later than January 24, 2011. Payment can be made by VISA or MasterCard or by check in United States dollars made payable to “Desert Champions LLC”.

Included and Excluded Features

Hotel Packages include only those services and benefits specified in the brochure or the website at the time of booking.

Responsibility

DC is responsible for making arrangements for the hotel accommodations and services offered in the Hotel Packages in the brochure and on the website. If the hotel accommodations and/or services included in your Hotel Package cannot be supplied for any reason, or if there are changes in the itinerary, DC will use commercially reasonable efforts to substitute comparable hotel accommodations and/or services.

Cancellation

All cancellations made on or prior to February 1, 2011 will result in a cancellation fee equal to 50% of the full hotel/ticket package price per person. In addition, any unrecoverable expenses and/or cancellation charges imposed by the suppliers will be separately assessed and are payable by you. Cancellations made after February 1, 2011 will result in a cancellation fee equal to 100% of the full hotel/ticket package price per person. Cancellations shall be deemed made when DC receives notice of cancellation via telephone at 800-999-1585, e-mail to www.travel@iwtg.net, voice mail message, postal or courier service. A DC Travel Department representative will confirm your cancellation within forty-eight hours.

Refund Policy

No refund, credit, exchange or substitution will be made for any missed, unused, canceled or delayed hotel accommodation, service, meal, event session or activity that is included in the Hotel Package, whatever the cause.

No joint venture, partnership, employment, agency or fiduciary relationship exists between you and DC as a result of your use of DC’s services arranging the Hotel Packages or for your use of the website.

Software and Copyrights

Certain software, data logos and marks on the website or in the brochure is copyrighted or exclusive property of DC and/or the service providers and may not be used by you for any commercial purpose or in an improper manner.

Use of Website

You may only use the website to make legitimate inquiries and/or bookings and may not use the website for any other purpose. You will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the website.

You agree to indemnify, defend and hold harmless DC and the DC Related Parties, and the service providers and their respective parents, members, subsidiaries, affiliates and each of theirs officers, directors, employees and agents, successors and assigns, from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the website.

Compliance with Service Providers

Please note that separate terms and conditions dictated by the applicable service provider will apply to your booking and purchase of the Hotel Package.

Personal Data

You acknowledge and agree that by providing personal information through the website or directly to DC for the purpose of booking and/or purchasing a Hotel Package you consent to DC (a) sharing certain of that information with the service providers solely as necessary to complete the transaction you have requested and (b) using that information in the promotion of events held at the Indian Wells Tennis Garden.

Modification

DC and/or the service providers may at any time modify (a) the brochure and/or the website, including eliminating or discontinuing any content on or of the brochure and/or the website, (b) any fees or charges for use of the website and (c) these Terms and Conditions. Your continued use of the website and our services will be conditioned upon the Terms and Conditions in force at the time of your use.

Mobile Texting

This page contains the terms and conditions (“Terms and Conditions”) for the 2011 BNP Paribas Open “text to win” and “text trivia sweepstakes” to be owned, operated and conducted by Desert Champions LLC (“Company”) at the 2010 BNP Paribas Open (“Tournament”) in Indian Wells, California and for other contact by Company (or its participating partners through Company) on a limited basis after the Tournament (collectively, the “Service"). Company reserves the right to change these Terms and Conditions at any time. The most current version will be accessible through http://www.bnpparibasopen.com/Terms/Terms-And-Conditions.aspx.

The Service is a text-to-screen standard rate campaign and your participation is subject to these Terms and Conditions. You may sign up for the Service by texting in the keywords Indian Wells, watch, fly, and tennis to the shortcode 88704 while at the Tournament. You can expect to receive one bounce-back message from 88704 per text sent and one “Thank You” text from 88704 following the Tournament. In addition, you may receive up to two messages per month following the Tournament and you can opt out of the Service at any time by following the procedures outlined below in the section titled “Support Issues, Canceling or Unsubscribing.” By participating in the Service, you are deemed to have agreed in full to the Terms and Conditions.

Fees

Company does not charge you to participate in this Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Company is not responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.

Privacy

Company respects and protects your privacy. Please see our Privacy Policy for more information at: www.bnpparibasopen.org/Terms/Privacy-Policy.aspx.

Limitations on Use

You must be at least 13 years old to register for and use the Service. If you are under 18 years old, please obtain your parents’ permission before you sign up for the Service.

Supported Carriers

The following list of carriers is supported by Company’s Service: Alltel, AT&T, Boost, Cellular One, Cellular South, Cincinnati Bell, Cricket, MetroPCS, Nextel, nTelos, Sprint, T-Mobile, US Cellular, Verizon Wireless and Virgin Mobile.

Support Issues, Canceling or Unsubscribing

You may opt out of the Service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 88704. Alternatively, you can send an email to contact@iwtg.net with your mobile phone number as the subject line. For help or other support issues, you can also send an email to contact@iwtg.net or text HELP to 88704 from your mobile phone, or call the following toll free phone number: (800) 999-1585.

Ownership; Trademarks; Modifications to Offers

You agree that Company and any other entity involved in the Service will own all legal right, title and interest in and to the Service and any offers made through the Service, including any intellectual property rights, and that you do not obtain any legal right, title or interest in or to the Service by virtue of your participation in the Service. You agree that you will not alter or modify any offers made through the Service, and will not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which may be affixed to the Service or offers made through the Service. You agree that you will not use any trademark, service mark, trade name, or logo ("Trademarks") of Company or any other entity involved in the Service in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.

Third Party Offers

The Service provides offers from Company and third party partners. These offers can be redeemed through Company or the participating partner, as applicable. Company is not responsible for the content and redemption policies of offers the participating partners. Please contact the appropriate participating partner if you have any questions concerning its offer, the presentation, or the redemption terms.

Termination

Company reserves the right, at our sole discretion, to terminate your subscription at any time without notice and without future obligation.

Disclaimer of Warranties

Company makes no warranties, express or implied, regarding the Service. The Service is provided "as is" and on an "as available" basis, and Company DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Company is not responsible for any acts that are beyond the control of Company including, without limitation, the acts of third parties. Factors beyond the control of Company which may affect the performance of the Service include, without limitation, the speed of the mobile carrier networks and the Internet.

Limitation of Liability

Under no circumstance will Company, its members, officers, directors, employees, agents or participating partners (collectively, the “Company Parties”) be liable to you for any damages whatsoever with respect to your use of the Service including, without limitation, any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Company will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will Company be liable for any damages or liability arising under these Terms and Conditions or your use of the Service that exceed US $500.

Indemnity

You agree to indemnify and hold Company and the other Company Parties harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue

This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of Riverside County, state of California, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.