Chicago Cubs 2020 Bonus Program Terms and Conditions
As of April 29, 2020In response to the delayed start of the 2020 Regular Season for reasons relating to the COVID-19 pandemic, the Chicago Cubs Baseball Club, LLC (the “Cubs”) has established the 2020 Bonus Program (the “Program”). Below are the Terms and Conditions that apply to and govern the Program.
Eligibility:
The Program is available to certain individuals and entities (“Eligible Ticket Holders”) who, on or before April 28, 2020, purchased tickets from the Cubs for games that were originally scheduled to be played by the Chicago Cubs at Wrigley Field in March, April and May 2020 (“Affected Games”).
Eligible Ticket Holders include (i) Account Holders who entered into a Letter of Agreement, License Agreement, Premier Service Agreement, Suite License Agreement or other ticket purchase Agreement (collectively, the “Ticket Agreements”) with the Cubs on or before April 28, 2020, for the purchase of a Daily Plan, Combination Plan or Double Play Plan, Group Tickets, or rental of the Budweiser Patio, Hornitos Hacienda, LG Porch or Fannie May Bleacher Sweet, where such agreements are paid in full and include tickets for Affected Games; (ii) Account Holders who entered into a Letter of Agreement for the American Airlines 1914 Club, The W Club, Maker’s Mark Barrel Room, Catalina Club or the CREE Lighting Club on or before April 28, 2020, where such agreements are paid in full and include tickets for Affected Games; and (iii) Licensees who entered into a Single game Suite License Agreement with the Cubs on or before April 28, 2020, where such agreements are paid in full and include tickets for Affected Games.
Eligible Ticket Holders do not include individuals or entities who purchased or otherwise acquired tickets for Affected Games (i) from or through third-party platforms or outlets (for example, StubHub, Vivid Seats, Gametime, SeatGeek and/or others); (ii) as a single game ticket; (iii) for multi-game suite rentals (i.e., 20-game, half season or full season suite rentals); (iv) for purposes of resale and not for personal use, as determined by the Cubs in its sole and absolute discretion; (v) pursuant to a Sponsorship Agreement or a Trade/Barter Agreement with the Cubs; (vi) pursuant to the internal ticket policies available to associates of the Cubs; or (vi) after April 28, 2020. Furthermore, the Cubs shall have the right, in its sole and absolute discretion, to preclude any individual or entity from participating in the Program. Any Eligible Ticket Holder who is precluded from participating in the Program will not receive the Bonus or the Affected Games Account Balance (as those terms are defined below), but will remain eligible to receive a refund of the ticket purchase price, service fees, amusement taxes, Rain Out Insurance and other applicable amounts paid in connection with Affected Games.
These Terms and Conditions are subject to all terms and conditions set forth in the Eligible Ticket Holder’s Ticket Agreement, as applicable, which terms and conditions are incorporated herein in their entirety by this reference. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Ticket Agreements, as applicable.
The Bonus:
By completing the 2020 Ticket Bonus Survey and selecting the Refund option or by confirming the Refund option with a Cubs Sales Representative, an Eligible Ticket Holder will receive a full refund of the ticket purchase price (and, as applicable, amounts paid to the Cubs for service fees, amusement taxes, parking, Rain Out Insurance) that the Eligible Ticket Holder paid to the Cubs, on a per account basis, on or before April 28, 2020, in connection with Affected Games. If an Eligible Ticket Holder selects the Refund option, the Cubs will issue a refund of the total amount paid by the Eligible Ticket Holder, per ticket account, for all Affected Games (but in no event in an amount greater than the amount that the Eligible Ticket Holder paid to the Cubs in connection with Affected Games). Service charges and processing fees will be addressed on a per-transaction basis. If the only tickets included in the transaction are for Affected Games, service charges and processing fees will be refunded. If the transaction includes tickets for games other than Affected Games, service charges and processing fees will not be refunded.
By completing the 2020 Ticket Bonus Survey and selecting the Bonus option or by confirming the Bonus option with a Cubs Sales Representative or by failing to respond to the 2020 Ticket Bonus Survey, the Cubs will (i) apply the full amount, as applicable (the “Affected Games Account Balance”), to the Eligible Ticket Holder’s account, and (ii) add a bonus (the “Bonus”) to the Eligible Ticket Holder’s account in the amount of five percent (5%) of the Affected Games Account Balance, which will be applied as a discount toward the cost of a Qualified Purchase, as defined below.
Example: An Eligible Ticket Holder purchased a 2020 Daily Season Ticket Plan from the Cubs in November 2019. The amount paid by the Eligible Ticket Holder in connection with Affected Games was $1,000. The Eligible Ticket Holder completes the 2020 Ticket Bonus Survey and selects the Bonus Option. Under the Program, the Cubs will apply the Affected Games Account Balance of $1,000 to the Eligible Ticket Holder’s account, plus a Bonus of $50 which will be applied as a discount toward a Qualified Purchase.
Example: An Eligible Ticket Holder purchased group tickets from the Cubs in November 2019 for ten (10) games. The amount paid by the Eligible Ticket Holder in connection with Affected Games was $1,000. The Eligible Ticket Holder fails to respond to his/her dedicated Cubs Sales Representative with a selection. Under the Program, the Cubs will apply the Affected Games Account Balance of $1,000 to the Eligible Ticket Holder’s account, plus a Bonus of $50 which will be applied as a discount toward a Qualified Purchase.
Qualified Purchase(s):
All Eligible Ticket Holders may use the Affected Games Account Balance and the Bonus toward the:
(i) purchase of additional tickets for any home game at Wrigley Field during the 2020 and 2021 seasons, including Postseason games (if applicable), subject to ticket availability and to the limitations set forth below;
(ii) renewal of their 2021 Cubs season ticket account; and/or
(ii) purchase of pre-paid parking for any home game at Wrigley Field during the 2020 and 2021 seasons, including Postseason games (if applicable), subject to availability.
((i), (ii) and (iii) collectively, the (“Qualified Purchases”)).
An Eligible Ticket Holder may not apply the Bonus, or any portion thereof, unless and until the Eligible Ticket Holder has fully exhausted the entire amount of the Affected Games Account Balance.
Eligible Ticket Holders may not use the Affected Games Account Balance or the Bonus, or any portion of either amount, to purchase tickets to concerts, any other non-baseball event held at Wrigley Field during the 2020 or 2021 seasons, or any restricted games designated by the Cubs. The Cubs shall have the right, in its sole and absolute discretion, to refuse to sell any ticket packages, ticket memberships, and/or single game tickets to any individual or entity.
The Bonus must be applied toward a Qualified Purchase on or before the end of the 2021 baseball season. If the Bonus is not applied toward a Qualified Purchase on or before the end of the 2021 baseball season, it shall be forfeited by Eligible Account Holder and will automatically expire without notice. The Bonus is not redeemable for cash and is non-refundable. The Bonus and the Affected Games Account Balance may not be sold, transferred, or offered as a gift. Any unredeemed Affected Games Account Balance after the completion of the 2021 baseball season, and all portions thereof, will be available to the Eligible Ticket Holder for refund and/or to purchase tickets for Cubs games in subsequent seasons, subject to ticket availability and in the Cubs’ sole and absolute discretion.
Eligible Ticket Holders who initially elect to receive the Bonus will forfeit the Bonus upon any subsequent request for a refund of the Affected Games Account Balance.
Eligible Ticket Holders who do not wish to participate in the Program must select the Refund option in the 2020 Ticket Bonus Survey for a full refund of the ticket purchase price and other applicable amounts paid in connection with Affected Games. Eligible Ticket Holders who elect to receive a refund will not receive the Bonus or otherwise participate in the Program.
Other Terms:
Acceptance of or participation in the Program does not confer upon any Eligible Ticket Holder any rights or options not expressly set forth in these Terms and Conditions, and does not alter, modify, amend, supersede, or cancel any of the terms and conditions set forth in the Ticket Agreements.
The failure of the Cubs to seek redress for any violation of, or to insist upon the strict performance of, any covenant, term, condition, representation, and/or warranty set forth in these Terms and Conditions will not constitute a waiver of such rights or in any way limit or prevent the subsequent enforcement of any such covenant, term, condition, representation, and/or warranty.
The Cubs shall have the right, in its sole and absolute discretion, to amend, alter, or discontinue the Program, or any provision thereof, including, without limitation, the amount and/or rate of the Bonus, with or without notice, at any time and for any reason.
All aspects of the Program, including, without limitation, these Terms and Conditions, shall be governed by and construed in accordance with the laws of the State of Illinois and any applicable federal laws without regard to choice of law rules. Any aspect of the Program is void where prohibited by law. If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, such provision shall be severable without affecting the enforceability of all remaining provisions.