Compadres Fan Rewards Terms and Conditions

General Provisions

• USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SAN DIEGO PADRES AND ISSUER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY RELEASES, WAIVES AND HOLDS HARMLESS THE SAN DIEGO PADRES, ISSUER AND ITS PARENTS, AFFILIATES, SUBSIDIARIES (INCLUDING THE MLB ENTITIES), AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAM, THE CARD, OR ANY PRODUCTS, SERVICES, MERCHANDISE, FOOD OR OTHER ITEMS RECEIVED IN CONNECTION WITH THE PROGRAM OR THE CARD. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
• Participant benefits are non-transferable, whether by operation of law or otherwise. If a Participant attempts to sell, barter or transfer Participant benefits without prior written permission from the San Diego Padres, the San Diego Padres reserve the right to terminate Participant's enrollment in the Program and all related benefits, and any such sale, barter or transfer shall be void ab initio.
• The San Diego Padres reserve the right to suspend or cancel a Participant's enrollment in the Program for any reason, including non-compliance with policies set forth by the San Diego Padres or offensive, objectionable, or inappropriate behavior of the Participants of record or their guests.
• Participants do not have any ownership rights in accrued Program benefits and accrued Program benefits do not constitute property of the participant. Program benefits are not negotiable, commissionable, or redeemable for cash and are void if sold for cash or other consideration.
• These Terms, together with the policies and Program descriptions provided by the San Diego Padres, represent the entire agreement of the parties with respect to the Program and supersede any and all prior agreements, communications, or understandings regarding the same. The Terms shall not be considered modified, amended, waived, or released except on express written agreement of the San Diego Padres.
• If a court of law holds any provision of these Terms to be illegal, invalid, or unenforceable: (a) that provision shall be enforced to the maximum extent possible, and (b) the legality, validity, and enforceability of the remaining provisions of the Terms shall not be affected.
• These Terms are governed by the laws of the State of California, without regard to its choice of law principles.
• ARBITRATION. This arbitration provision ("Provision") facilitates the prompt and efficient resolution of any Disputes that may arise between Participant and the San Diego Padres. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. Participant has the right to opt-out of this Provision (as explained below), which means Participant would retain his or her right to litigate Participant's disputes in a court, either before a judge or jury.
  • Please read this Provision carefully. It provides that all Disputes between you and the San Diego Padres (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, Participant may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Agreement constitutes a waiver of your right to litigate claims and all opportunities to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorneys' fees).
  • For the purpose of this Provision, "San Diego Padres" means the San Diego Padres and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and the San Diego Padres regarding any aspect of the Program, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
  • PARTICIPANT AND THE SAN DIEGO PADRES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
  • Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, Participant must first give the San Diego Padres an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the San Diego Padres, Legal Department, 100 Park Blvd., San Diego, CA 92101. That written notification must include (1) Participant's name, (2) Participant's address, (3) a written description of Participant's Dispute, and (4) a description of the specific relief Participant seeks. If the San Diego Padres do not resolve the Dispute within forty-five (45) days after receiving Participant's written notification, Participant may pursue his or her Dispute in arbitration. Participant may pursue his or her Dispute in a court only under the circumstances described below.
  • Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, Participant or the San Diego Padres may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to the San Diego Padres, Legal Department, 100 Park Blvd., San Diego, CA 92101. Your written notification must include (1) Participant's name, (2) Participant's address, and (3) a clear statement that Participant does not wish to resolve Disputes with the San Diego Padres through arbitration. Your decision to opt-out of this Provision will have no adverse effect on Participant's relationship with the San Diego Padres. Any opt-out request received after the Opt-Out Deadline will not be valid, and Participant must pursue Participant's Dispute in arbitration or small claims court.
  • Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution"), either Participant or the San Diego Padres may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision. The arbitration shall be conducted in a confidential manner and shall not be disclosed to any third party except to the party's legal and other advisors, except to the extent required by law.
  • For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
  • Because the Terms and the Program concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
  • Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
  • Location of Arbitration. You or the San Diego Padres may initiate arbitration in San Diego, California or the federal judicial district that includes the address Participant provides in Participant's written notification of Pre-Arbitration Claim Resolution. In the event that Participant selects the federal judicial district that includes the address Participant provides in Participant's written notification of Pre-Arbitration Claim Resolution, the San Diego Padres may transfer the arbitration to San Diego, California, in the event that they agree to pay any additional fees or costs Participant incurs as a result of the transfer, as determined by the arbitrator.
  • Payment of Arbitration Fees and Costs. The San Diego Padres will pay all arbitration filing fees and arbitrator's costs and expenses upon Participant's written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs incurred in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
  • Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action), unless both Participant and the San Diego Padres specifically agree to do so following initiation of the arbitration. If Participant chooses to pursue his or her Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to that Participant. Neither Participant, nor any other user of the Program, can be a class representative, class Participant, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
  • Jury Waiver. Participant understands and agrees that by entering into this Agreement Participant and the San Diego Padres are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, Participant and the San Diego Padres might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that Participant would have if Participant went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
  • Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
  • This Arbitration Provision shall survive termination of the Participant's tenure in the Program.