Club 305 - Terms & Conditions

2022 Club 305 Terms & Conditions

Club 305 is offered at the sole discretion of Marlins Teamco LLC (“Miami Marlins”) and is offered to Eligible Children. By enrolling their Child Participant(s) in Club 305, an Eligible Member, acting as a the parent/legal guardian on behalf of their Child Participant(s), agrees that the Eligible Member and the Child Participant(s) will abide by these terms and conditions and all other terms and conditions, rules, regulations, policies, and procedures of Club 305 and the Miami Marlins’ Home Run Rewards Program (“Program”), which includes, without limitation, the Marlins.com Terms of Use and Privacy Policy (collectively, the “Terms and Conditions”), each of which the Miami Marlins may, in its sole discretion, modify, add, or delete from time to time without notice.

1. Club 305 Participation and Eligibility. Subject to the restrictions set forth in the Terms and Conditions, Club 305 is available to children, aged fourteen (14) years or younger (individually, an “Eligible Child”, and collectively, the “Eligible Children”), whose parent/legal guardian is a member of the Program (“Eligible Member”). The Eligible Member’s enrollment of their Child Participant in Club 305 will continue into the following Miami Marlins season until the Child Participant reaches the age of fifteen (15), at which point he/she will no longer be eligible for Club 305 at the conclusion of the calendar year and the Child Participant(s)’s Prize Passport will automatically terminate. Only Child Participants are eligible to participate in Club 305 and redeem prizes. Club 305 Prize Passports may be revoked at any time at the sole discretion of the Miami Marlins.

2. Club 305 Enrollment.To enroll in Club 305, the parent/legal guardian must first be an Eligible Member enrolled in the Program. The Eligible Member may then enroll in Club 305 on behalf of his/her Eligible Children (individually, a “Child Participant”, and collectively, the “Child Participants”) before the final home game of the 2022 Miami Marlins’ regular season to be eligible to receive a Prize Passport and be able to scan the Prize Passport and redeem Prizes during the 2022 Miami Marlins’ season. The Eligible Member must register his/her Eligible Children through the Club 305 webpage on the website for the Program (“Website”) to become a Child Participant. The Eligible Member must consent to the Terms and Conditions. All terms and conditions for use of the Website apply. An Eligible Member may opt-out of Club 305 on behalf of any Child Participant(s) by emailing written notice to [email protected]. Upon such opt-out, all games that the Child Participant(s) has attended and scanned a Prize Passport for in the 2022 Miami Marlins’ season shall be forfeited and void.

3. Obtaining Points to Earn Club 305 Prizes.Upon successful registration in Club 305, the Child Participant and an eligible Program member must report to the Member HQ kiosk located in Section 15 (“Kiosk”) of loanDepot park (“Ballpark”), during a 2022 Miami Marlins’ regular season home game to claim a valid Club 305 Prize Passport (“Prize Passport”) for the 2022 Miami Marlins’ season. If the Child Participant’s enrollment in Club 305 is continuing from the preceding season, both the Child Participant and an eligible Program member must report to the Kiosk in the Ballpark [TK1] [AB2] during a 2022 Miami Marlins’ regular season home game to claim a Prize Passport for the 2022 Miami Marlins’ season. For the sake of clarity, Prize Passports that have not been obtained at the Kiosk during a 2022 Miami Marlins’ regular season home game are not valid and may not be used during the 2022 or any future Miami Marlins’ seasons. Limit one (1) Prize Passport per Child Participant. A Child Participant must scan the Prize Passport for each 2022 Miami Marlins’ season home game attended for such attendance to be recorded. Game attendance is recorded by scanning the Prize Passport at the Kiosk before the final out of a 2022 Miami Marlins’ season home game. Game attendance is cumulative during the 2022 Miami Marlins’ season. A Child Participant will not be credited for past games in which attendance was not recorded or for games attended prior to enrolling in Club 305. Prize Passports should be scanned only by the registered Child Participant. If a Prize Passport is lost or damaged at any point, a replacement Prize Passport may be given in the sole discretion of the Miami Marlins. If replaced, the previous Prize Passport will be de-activated and will no longer be eligible to scan for Prizes. Prize Passports are non-transferable.

4. Club 305 Prizes. The Club 305 prizes (individually, a “Prize”) are listed on the Website and are subject to availability, date restrictions, expiration dates, and any additional terms and conditions of the Prize provider. See the Website or contact a Club 305 representative at [email protected] for more information.

i) Limits on Prize Redemptions. Only Child Participants are eligible to have a Prize Passport to receive credit for games attended while in Club 305. There is no limit on the number of games that a Child Participant may attend; however, Child Participants will not be eligible to redeem additional Prizes after attending five (5) games during the 2022 Miami Marlins’ season. Prize Passports expire at the end of the 2022 Miami Marlins’ season. Unredeemed Prizes shall be forfeited and void at the end of the 2022 Miami Marlins’ season.

ii) Prize Redemption. Once a Child Participant attends and scans a Prize Passport at up to five (5) 2022 Miami Marlins’ home games, the Child Participant is eligible to receive a Prize. A Child Participant is not eligible to scan a Prize Passport in excess of five (5) games for additional Prizes. In order to receive a Prize, the Child Participant and an eligible Program member must visit the Kiosk during a 2022 Miami Marlins season home game at the Ballpark. The Child Participant and an eligible Program member must be present for redemption. An eligible Program member is not eligible to scan a Prize Passport without the Child Participant present. Prize Passports must be scanned and Prizes must be redeemed before the final out of the final 2022 Miami Marlins’ home game. Unredeemed Prizes shall be forfeited and void.Prize Passports may not be used for any purpose other than to be scanned and redeemed for a Prize. Prize Passports and Prizes cannot be redeemed for cash at any time, have no cash value, and cannot be combined with any other ticket or promotional offer of the Miami Marlins or any third party. Prize Passports and Prizes may not be transferred (except as expressly set forth in these Terms and Conditions), sold, or assigned by any means. The Miami Marlins reserve the right to revoke and not honor any Prize Passports or Prizes for which attempts have been made to transfer, sell, or assign such Prize Passports or Prizes. The required number of games attended to earn a Prize is determined by the Miami Marlins in its sole discretion. The Miami Marlins reserve the right at any time to: (a) change values associated with any Prize; (b) limit, modify, or cancel any Prize and/or the number and/or type of Prize available; (c) change rules for earning, redeeming, retaining, or forfeiting Prize Passports; and (d) exclude any Miami Marlins game from Prize distribution if needed. In the case of a double-header, a Prize Passport can only be scanned once on that date. Prize Passports are eligible to be scanned one (1) time from 12:00:00 AM ET – 11:59:59 PM ET during Miami Marlins’ home games at the Ballpark throughout the Miami Marlins’ 2022 season; additional scans will not be permitted.

5. Release of Liability. ELIGIBLE MEMBERS, ON BEHALF OF THEMSELVES AND THEIR CHILD PARTICIPANT(S), AGREE THAT THE MIAMI MARLINS, MARLINS STADIUM OPERATOR, LLC, MARLINS STADIUM DEVELOPER, LLC, MARLINS FUNDING LLC, MARLINS HOLDINGS LLC, THE MLB ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, TRUSTEES, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ASSIGNEES, LICENSEES, SPONSORS, OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ELIGIBLE MEMBERS ON BEHALF OF THEMSELVES AND CHILD PARTICIPANT(S) AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNATIVE, OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, OR PARTICIPATING IN CLUB 305. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO CHILD PARTICIPANT(S) OR ELIGIBLE MEMBERS FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THEIR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM (OR THREAT THEREOF), EPIDEMIC, PANDEMIC, LABOR STOPPAGE (INCLUDING ANY STRIKE, LOCKOUT, OR SYMPATHY STRIKE), OR ANY ACT, OMISSION, OR NEGLIGENCE BY A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF AN ELIGIBLE MEMBER’S PARTICIPATION IN THE PROGRAM. For purposes of the Terms and Conditions, the “MLB Entities” shall mean MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees, and Councils, the Major League Baseball Clubs (“Clubs”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, agents, representatives, and contractors of the foregoing entities.

6. Indemnification. Eligible Members accept responsibility for and agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses (including reasonable attorneys’ fees and expenses) related to, arising from, or associated with their and their Child Participant(s)’s participation in the Program.

7. Image Release. By registering for Club 305 and/or accepting a Prize, Eligible Members, on behalf of themselves and their Child Participant(s), accept all Prize conditions and grant to the Miami Marlins and its designees the right to use and/or publicize such Eligible Member’s and/or any such Child Participant’s name, photograph, voice, and/or other likeness, biographical and/or prize information in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification, or permission, except to the extent prohibited by law.

8. Governing Law; No Waiver; Complete Agreement. Club 305 is subject to all applicable federal, state, and local laws and regulations. Prizes are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation. Any disputes arising out of or related to Club 305 shall be governed by and construed and enforced in accordance with the laws of the State of Florida applicable to contracts entered into and to be performed entirely within the State of Florida. If any provision of Club 305 and/or the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to insist upon strict compliance with the Terms and Conditions shall not be deemed a waiver of any rights or remedies that the Released Parties may have against any party, including the right to act with respect to subsequent breaches of the Terms and Conditions. The Terms and Conditions set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.

9. Mandatory Arbitration Agreement & Class Action Waiver (“Arbitration Agreement”). Unless prohibited by federal law, Eligible Members, on behalf of themselves and Child Participant(s), and the Miami Marlins agree to arbitrate any and all claims and disputes relating in any way to Eligible Member’s registration in Club 305 and/or those of Child Participant(s)’s participation in Club 305, scanning Prize Passports for credit for 2022 Miami Marlins’ season home games attended, and/or redeeming Prizes, the Terms and Conditions, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of the Eligible Member’s and/or Child Participant(s)’s participation in Club 305 (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope, or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

In any Arbitration Claims to be resolved by arbitration, neither the Eligible Member nor the Miami Marlins will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that the Eligible Member and the Miami Marlins may have in court will not be available or will be more limited in arbitration, including the right to appeal. The Eligible Member and the Miami Marlins each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.

Arbitrations shall be administered by JAMS (“JAMS") in accordance with its then-existing commercial arbitration rules. The Eligible Member may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling 1-305-371-5267 or visiting jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties mutually agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Miami, Florida. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to the Eligible Member and the Miami Marlins alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Child Participant(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

The Miami Marlins will be responsible for paying all arbitration fees other than the amount of filing fees Eligible Member would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Eligible Member and the Miami Marlins may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Eligible Member and the Miami Marlins each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement, other than the class action waiver and prohibition against class arbitration, is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the conclusion of Club 305, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

ELIGIBLE MEMBERS HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT AN ELIGIBLE MEMBER MUST EXERCISE THIS RIGHT PROMPTLY. If an Eligible Member does not wish to be bound by this agreement to arbitrate, such Eligible Member must notify the Miami Marlins by mailing a written opt-out notice, postmarked within seven (7) days of registering in Club 305. An Eligible Member must send his/her request to: Miami Marlins, Attn: Legal Department, Re: Club 305 Arbitration, 501 Marlins Way, Miami, FL 33125. The request must include the Eligible Member’s full name, address, account number, and the statement, “I reject the Arbitration Agreement contained in the Club 305 Terms and Conditions.” If an Eligible Member exercises the right to reject arbitration, the other terms of the Terms and Conditions shall remain in full force and effect as if the Eligible Member had not rejected arbitration.

Prior to bringing a claim under this Arbitration Agreement, that party (the “Claimant”) shall give the other party written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the Miami Marlins shall be sent by mail to: Miami Marlins, Attn: Legal Department, Re: Club 305 Claim Notice, 501 Marlins Way, Miami, FL 33125. Any Claim Notice must: (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests. Claimant must give the other party a reasonable opportunity to respond to the demand for relief.

10. Additional Terms. The Miami Marlins are not responsible for printing or typographical errors in any Club 305-related materials, or for transactions that are processed late, incorrectly, or are lost. The Miami Marlins has the right to change, limit, or otherwise amend the Terms and Conditions at any time in its sole discretion, and reserves the right to cancel Club 305 at any time. Prize Passports and Prizes are not refundable, exchangeable, replaceable, or transferable unless specifically permitted by the Miami Marlins. Eligible Members of Child Participants are solely responsible for any tax liability (if any) arising out of scanning Prize Passports or redeeming and/or the use of Prizes. All decisions by the Miami Marlins are final.