NYRA Messaging Program Terms & Conditions

Effective date: 04/02/2026

These Messaging Program Terms & Conditions (“Terms”) govern your participation in the email and SMS/text messaging program (the “Messaging Program”) offered by the New York Racing Association, Inc. (“NYRA,” “we,” “us,” or “our”).

By enrolling in the Messaging Program, you agree to these Terms.

  1. Program Description

The Messaging Program provides enrolled users with recurring communications, including:

  • Event announcements, racing schedules, and venue updates
  • Promotions, offers, and sales relating to NYRA merchandise, hospitality, and experiences
  • Customer service and transactional messages (including ticketing and event-related notifications)
  • Marketing and promotional content relating to NYRA and its affiliated operations

NYRA reserves the right to modify, suspend, or terminate the Messaging Program, in whole or in part, at any time.

  1. Enrollment and Consent

You may enroll in the Messaging Program via NYRA’s website, mobile interfaces, or by initiating enrollment through SMS (e.g., text-to-join).

By providing your email address and/or mobile phone number and affirmatively opting in, you expressly agree as follows:

  • You consent to receive recurring marketing and informational communications from NYRA via email and/or SMS text message
  • You agree that such communications may be sent using automated technology, including an automatic telephone dialing system
  • You understand that your consent is not a condition of any purchase or transaction
  • You certify that you are the authorized user of the email address and/or mobile number provided

Consent to receive email communications and SMS communications is obtained separately, and you may opt into either or both.

  1. Message Frequency

Message frequency will vary, but exceed one message per day per channel (email and SMS), depending on NYRA activity and user engagement.

  1. Opt-Out Instructions

You may opt out of the Messaging Program at any time:

SMS Opt-Out

  • Text STOP to any NYRA message to unsubscribe
  • Text HELP for assistance

Email Opt-Out

  • Click the unsubscribe link included in any email

Opt-out requests will be honored promptly in accordance with applicable law. Even after opting out, you may continue to receive transactional or service-related communications where permitted.

  1. Fees and Carrier Disclaimer

Message and data rates may apply to SMS messages, as determined by your wireless carrier.

NYRA and its service providers:

  • Do not guarantee delivery of messages
  • Are not responsible for delayed or undelivered messages
  • Are not liable for carrier-related issues or device incompatibility

Supported carriers may change without notice.

  1. Eligibility

The Messaging Program is intended for individuals eighteen (18) years of age or older. By enrolling, you represent and warrant that you meet this requirement.

  1. Data Collection and Use

In connection with the Messaging Program, NYRA may collect and process personal information including, without limitation:

  • Email address and mobile phone number
  • Name and contact details
  • Location data (where available)
  • Transactional and purchase history
  • Event attendance and engagement data
  • Preferences and interaction history

NYRA may use this information to:

  • Deliver, personalize, and optimize communications
  • Segment audiences and target marketing content
  • Analyze performance and improve services
  • Support business operations, promotions, and partnerships

Information may be combined with other data collected by NYRA. For additional details, please refer to NYRA’s Privacy Policy.

  1. Third-Party Service Providers

NYRA may use third-party vendors and platforms to facilitate the Messaging Program (including email and SMS delivery providers).

By enrolling, you acknowledge and agree that:

  • Your information may be processed by such third parties on NYRA’s behalf
  • NYRA may change service providers at any time
  1. Sharing and Promotional Content

To the fullest extent permitted by law, NYRA may:

  • Share information with affiliates, vendors, sponsors, and business partners
  • Include promotional content relating to NYRA partners, co-branded offerings, or sponsored events
  1. Modification of Terms

NYRA reserves the right to modify these Terms at any time. Updated Terms will be effective upon posting, and your continued participation constitutes acceptance.

  1. Disclaimer of Warranties

THE MESSAGING PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NYRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYRA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

NYRA’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

  1. Arbitration and Class Action Waiver

Any dispute arising out of or relating to the Messaging Program shall be resolved by binding arbitration on an individual basis.

You agree that:

  • You waive any right to participate in a class, collective, or representative action
  • You waive any right to a jury trial

Arbitration shall be governed by the Federal Arbitration Act and applicable New York law.

  1. Governing Law

These Terms shall be governed by the laws of the State of New York.

  1. Contact Information

For questions regarding the Messaging Program:

[email protected]

110-00 Rockaway Blvd. Jamaica NY 11420