Terms & Conditions

Terms Of Use

Last Updated: 7/17/24

Welcome to Hershey Super Sweet Adventure! Original X Productions, LLC, OGX Media Experiences, LLC and their affiliates (hereinafter collectively referred to as “OGX”) and partners provide our customers with an opportunity to immerse themselves in the world of Hershey™ through unique in-person experiences, amongst other things.

Acceptance of the Web Terms and Conditions

These Terms and Conditions (“Terms”) set out the general terms and conditions governing your use of our website located at hersheysupersweetadventure.com. These Terms do not apply to any third-party websites linked from our website. By downloading, accessing, or using any portion of our Services, clicking on the “I accept” button, purchasing tickets and completing the booking of an experience or participating in an experience, you represent that you have read, understand, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. You are deemed to have accepted these Terms each time you access our website and each time you contact us via our website or phone calls. If you do not agree to be bound by these Terms, you may not access or use our website. Certain portions of the Services, including the purchase of tickets or merchandise through our website, may have additional terms and conditions, and you may be asked to sign waivers or releases prior to participating in an experience. When these Services are used, you agree to be further bound by the associated additional terms and conditions.

This website is offered and available to users who are over the age of majority in your jurisdiction of residence. By using or otherwise accessing our Services, you hereby represent and warrant to us that: (i) you are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms, or, if you are below the age of 18, but between 13 and 18 years of age, you have consent of a parent or guardian to access and use the Services; (ii) all information provided by you is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject to that is related to your use of our website or any part thereof. You may not use our Services if you are prohibited, either by the laws of the United States of America or any other country, from accessing or receiving any of our Services.

Attendance of a Hershey Experience Event

In the event that you participate in or attend one of our Hershey experience events, you acknowledge and agree that such event is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You irrevocably grant permission to OGX and to each of our designees, licensees, successors and assigns, including without limitation event and program sponsors, advertisers, and marketing partners, to and to own, license, assign and/or otherwise utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during, after or unrelated to a performance) for any purpose, in any manner, in any medium or context now known or hereafter devised without further authorization from, or compensation to, you or anyone acting on your behalf.

You understand that there are safety protocols in place for these events, and you confirm that you will follow all applicable protocols and procedures that we provide, which you understand, acknowledge and agree may be changed, modified or amended by us at our sole discretion from time to time, at any time. Such protocols and procedures may include, without limitation, instructions to wear a face mask, proof of full vaccination for Covid-19, use of disinfecting cleaning products, and/or any other protocols and procedures relating to the COVID-19 pandemic or any other disease or epidemic/pandemic (including, without limitation, protocols and procedures to comply with applicable federal, state, county, and/or local rules, regulations, guidelines, or other guidance relating to such disease or epidemic/pandemic). Your failure to comply with any such protocols and/or procedures may be grounds for your removal from the event, as determined by us in our sole discretion.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, users that have created an account with us.

You are responsible for both:

Making all arrangements necessary for you to have access to the website; and

Ensuring that all persons who access the website through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources we offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features of this website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Any individual purporting to represent a company entity represents and warrants that it is authorized to enter into agreements related to the Services on behalf of the company entity it identifies. A company entity shall remain responsible for the acts and omissions of the individual employees invited or otherwise permitted by the company entity to use our Services or participate in our experiences.

Intellectual Property Rights; Limited License

Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, data, information and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, including without limitation, third party providers, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our website and its Content (excluding your data) are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on our website are registered and unregistered trademarks of OGX, its licensors or content providers, or other third parties. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, as well as those of our licensors or content providers, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

On the condition that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Services and any Content for the purposes expressly authorized by OGX. Our website is provided for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of OGX or any third party, except as expressly provided in these Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by these Terms are reserved by us.

These Terms permit you to use the Services for your personal use only on your own behalf or on behalf of your employer or company, to review our offerings and transact business with us. You may print or download website content for such use provided all copyright, trademark and proprietary notices are retained. No website material may be captured or otherwise copied, except as required by ordinary browser operation on a single computer monitor. Any reproduction, retransmission, distribution, rebroadcast, and framing or other use on any other website or networked computer is prohibited. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by OGX.

Trademarks

The company name, logos and other OGX trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of OGX or its affiliates or licensors. You must not use such marks without the prior written permission of OGX. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Prohibited Uses

You may use our Services, including this website, only for the lawful purposes that are permitted by these Terms. You agree not to use the Services or the Content:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

In a way that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or otherwise in violation of these Terms.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

In any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party.

To modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of any portion of the Services, including any Content included on our website.

To attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our website or other elements of the Services.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate OGX, an OGX employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm OGX or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the website.

Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.

Use any manual process to monitor or copy any of the material on the website or otherwise provided in connection with the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the website.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the website and/or our business.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which our website is stored, or any server, computer, or database connected to our website.

Attack the website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Services.

Reliance on Information Posted

While we use commercially reasonable efforts to provide accurate and up-to-date information on this website and in connection with our Services, we make no warranty or representation as to its accuracy, completeness, or usefulness, and assume no duty to update the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other individual who accesses or utilizes or Services, or by anyone who may be informed of any of their contents.

OGX assumes no responsibility or liability for damages caused by viruses or otherwise to computer equipment or software resulting from accessing this website from the Internet. OGX specifically disclaims all warranties of any kind, expressed, implied, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall OGX be liable for damages, including special, incidental, indirect, consequential, loss of use, data, or profits, whether or not advised, and on any theory of liability, arising out of or in connection with use or performance of these website materials or our other Services.

Our Services may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. We do not intend such third-party content to be referrals, or endorsements of the third parties or of the information they provide. All statements and/or opinions expressed in the third-party materials are solely the opinions and the responsibility of the person or entity providing those materials. The materials do not necessarily reflect the opinion of OGX. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We will remove any third-party material from the Services upon request from the owner of such material. This website is not sponsored or associated with any particular third-party entity, unless so stated.

Online Purchases

If you wish to purchase any product or service made available through our website, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

If you elect to purchase tickets to Hershey Super Sweet Adventure through our sites, such information will be collected by a vendor handling ticketing sales transactions on our behalf. Your information will be collected and used in accordance with our Privacy Policy. When you purchase tickets to Hershey Super Sweet Adventure, the ticketing options and corresponding prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your credit card billed for the total amount displayed at check out. All ticket purchases are final and no refunds will be given except as required by law. By purchasing tickets to Hershey Super Sweet Adventure, you represent and warrant to OGX that you are 13 years of age or older and that you are capable of entering a contract under the laws of the United States.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Links from the Website

If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own right and subject to the terms and conditions of use for such websites.

Information About You and Your Visits to the Website

All information we collect in connection with the Services is subject to our Privacy Policy. By accessing or otherwise using our Services, you consent to all actions taken by use with respect to your information in compliance with the Privacy Policy.

Use of the Services and Posting Policy

The following requirements apply to your use of the Services: (a) you will not use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Services for any commercial purpose not expressly approved by OGX in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our websites you may be able to submit photos, written posts, ratings and reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of OGX, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of our services, or any feature of our websites. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111). You further understand and agree that you have no ownership rights in any account you may have with us or other access to the websites or features therein. OGX may cancel your account and delete all User Content associated with your account at any time, and without notice, if OGX deems that you have violated these Terms, the law, or for any other reason. OGX assumes no liability for any information removed from our websites and reserves the right to permanently restrict access to the websites or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the websites, you hereby grant to OGX a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the websites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Feedback

The submission of any ideas, suggestions, documents, and/or proposals to OGX through its suggestion, feedback, contact, or other similar pages on our website or our social media pages (“Feedback”) is at your own risk and that OGX has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OGX a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OGX NOR ANY PERSON ASSOCIATED WITH OGX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER OGX NOR ANYONE ASSOCIATED WITH OGX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, OGX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OGX AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO OGX FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through our website.

THE FOREGOING DOES NOT AFFECT AND LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree (on your own behalf and on behalf of your employer or company) to defend, indemnify, and hold harmless OGX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, the website, any use of the website’s Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained in connection with or from the Services.

Modifications to these Terms

We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. To the extent required by applicable law, we will provide you with advance notice of a major change. We do not ordinarily provide advance notice of a minor change.

We encourage you to check these Terms every time you visit our website or use the Services. Your continued use of the website and/or utilization of any Services benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of the New York without regard to conflicts of laws principles. By using these sites, you hereby agree that any and all disputes regarding these Terms will be subject to the federal courts located in the Southern District of New York. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the sites and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.

On certain areas of our sites, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of OGX to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of OGX, shall not be deemed a breach of these Terms.

If OGX fails to act with respect to your breach or anyone else's breach on any occasion, OGX is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and OGX and is accepted by you upon your use of our sites or your account. These Terms constitute the entire agreement between you and OGX regarding the use of the sites and your account. By using the sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Term and Termination

These Terms are effective unless and until terminated by OGX or you. OGX may, in its sole discretion, terminate your use of our Services or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of our Services. Termination or cancellation of these Terms shall not affect any right or relief to which either OGX or you may be entitled at law or in equity. Upon termination, you must terminate all use of our Services and destroy all materials, including any Content, obtained using our Services and all copies thereof.