Emma™ Terms & Conditions

IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.  IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 7, AS IT REQUIRES YOU AND VAIL RESORTS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND NOT BY WAY OF A COURT OR JURY TRIAL.

Emma is a text message based digital assistant designed to help guide guests on their ski and snowboard vacations at participating ski resorts.  Emma is offered by The Vail Corporation dba Vail Resorts Management Company and its affiliates (“Vail Resorts”) at participating resorts.  Emma uses machine learning and natural language processing to answer a wide range of guest questions about their ski vacation. If you choose to opt-in and engage with Emma, you will receive SMS text messages with responses to your inquiries and other information and messages about your resort experience. You will also receive special offers, promotions, and marketing offers from time to time. Use of the Emma service is governed at all times by these terms and conditions.  You can opt-out of receiving messages from Emma at any time by following the instructions below.

Consent.  WHEN YOU OPT-IN TO EMMA, YOU AGREE:

1. To these Terms and Conditions and the use and processing of your information in accordance with the terms of the Vail Resorts Privacy Policy (click here).


2. Vail Resorts will send you text messages, information, and marketing content or advertisements via the mobile telephone number you used to opt-in.  By opting-in, you agree that Vail and its affiliates may send telemarketing messages to your mobile telephone number, through automated dialing technology that may also use an artificial or prerecorded voice. You are not required to enter this agreement as a condition of purchasing any property, goods, or services.


3. You are over the age of 18 and you are authorized to enter into this agreement.


4. You have entered the mobile telephone number correctly and that you are the owner or authorized user of the number provided.


5. You will contact us to let us know (within 48 hours) if your phone number changes or is reassigned.


6. That you understand that your mobile carrier's messaging and data rates may apply.  All charges are billed by and payable to your mobile service provider.  Vail Resorts and their affiliates do not charge you for sending or receiving SMS/MMS messages to or from Emma.

How to Opt-In and Opt-Out of the Emma Service

1. Opt-In.  To opt-in to the Emma service:


Send a text message from your mobile device to Emma using the short code 77477.  You will receive a return SMS text message shortly thereafter confirming your choice to opt-in and asking you to reply affirmatively to reflect your agreement to these Terms and Conditions.  Once you have opted-in, you may begin asking Emma questions.


Alternatively, Vail Resorts may provide opportunities for you to opt-in to the Emma service by providing your phone number to a website or other collection method.  If you opt-in through that method, you will receive an initial text message requesting confirmation of your choice to opt-in and asking for an affirmative reply to reflect your acceptance of these Terms and Conditions.


2. Opt-Out.  You can opt-out at any time, which will discontinue your use of the Emma service, using one of these three methods:


Send an SMS with the word STOP or ARRET to 77477. You will receive one (1) return SMS confirming you have been opted-out.


Call customer service toll free at 1-970-754-0056 and request to be opted out of the program.


Contact Vail Resorts via email support@vailresorts.com. We request that you use the subject line “Emma Opt-Out.” Please include your mobile phone number. You will receive a return email confirming you have opted-out. Customer Support.  You can receive customer support by contacting Vail Resorts at support@vailresorts.com or by calling 1-970-754-0056.

Note: Not all carriers and devices support SMS & MMS; Vail Resorts is not responsible, nor liable for delayed or undeliverable messages.

Supported Carrier List: US: AT&T, Verizon, T-Mobile, Sprint, nTelos, CBW, USC, Cricket, Metro PCS, Clearsky, InterOp, Cellcom, C-Spire.  Canadian: Rogers, Fido, Moblicity, Telus, Videotron, Bell, Sasktel, Virgin, MTS, Wind, Public Mobile or a full updated list, please contact us at support@vailresorts.com.

Dispute Resolution.

1. You and Vail Resorts agree to resolve any disputes between the parties exclusively through final and binding arbitration instead of filing a lawsuit in court.  This mutual arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and applies to any and all claims arising out of or relating to these Terms and Conditions, or any other aspect(s) of your use of, reliance on, or interaction with the Emma service.  The parties expressly agree that these Terms and Conditions are governed by the FAA even in the event you or Vail Resorts are otherwise exempted from the FAA.  Any disputes in this regard shall be resolved exclusively by an arbitrator.  In the event, but only in the event, the arbitrator determines the FAA does not apply, Colorado law governing arbitration agreements shall apply.


2. If either you or Vail Resorts wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period.  The demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.  Any demand for arbitration by you must be delivered to Vail Resorts, General Counsel’s Office, 390 Interlocken Cr, Broomfield, CO 80026.


3. Class Action Waiver.  You and Vail Resorts agree that by entering into this agreement to arbitrate on an individual basis, You and Vail Resorts both waive the right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, consolidated action, collective action or representative action—including but not limited to any request seeking a public injunction—and an arbitrator shall not have any authority to hear or arbitrate any class, consolidated, collective or representative action (“Class Action Waiver”).  In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, consolidated, collective or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.  Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  All other disputes with respect to whether this mutual arbitration provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.


4. Any arbitration shall be filed with the American Arbitration Association (“AAA”) and shall be governed by the American Arbitration Association Consumer Arbitration Rules (“AAA Rules”), except as follows:


The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute.


If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of your residence as of the effective date of your agreement to these Terms and Conditions.


Unless applicable law provides otherwise, as determined by the Arbitrator, the party initiating arbitration or litigation shall be responsible for paying any arbitration filing fees. 


Any hearing for the arbitration will be limited to 1 day, absent a showing by either party of exceptional circumstances.


Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.  The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.


The Arbitrator may hear motions to dismiss or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.


The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.


The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing.  The Arbitrator may exclude any non-party from any part of the hearing.


Either you or Vail Resorts may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.


5. The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial Arbitration  Rules” using a service such as www.google.com or by asking Vail Resorts’ General Counsel to provide a copy.


6. This mutual arbitration provision is the full and complete agreement relating to the formal resolution of disputes covered by this mutual arbitration provision.  In the event any portion of this provision is deemed unenforceable, the remainder of this provision will be enforceable.  The award issued by the Arbitrator may be entered in any court of competent jurisdiction.