2. The Program is offered at the sole discretion of the Rays. The Rays have the sole discretion to interpret and apply the terms and conditions of this Agreement. The Rays reserve the right to change, limit, modify or cancel the terms and conditions of this Agreement and/or Program offerings at any time, with or without notice, or to terminate the Program at any time.
3. The Rays may select Program participants in the Rays' sole discretion and reserve the right to expand or limit the availability of Rays Cards and those who qualify to participate in the Program at any time. All questions or disputes regarding eligibility will be resolved by the Rays in their sole discretion.
4. Rays Cards remain the property of the Rays and may not be sold, transferred, or licensed. You may not assign your rights or delegate any of your obligations, in whole or in part, in connection with these terms or your Rays Card.
5. The Rays Card is a radio-frequency identification ("RFID") enabled card that can be used by valid ticket holders to pay for parking in eligible parking lots at and/or to gain entry to the stadium known as Tropicana Field located at One Tropicana Drive, St. Petersburg, FL ("Stadium") for games or other events and/or to make purchases of eligible food, beverage, or merchandise at the Stadium, subject to the terms and conditions of this Agreement.
6. The Rays may, at their sole discretion, make available to you the option to use a digital form of your Rays Card accessible by logging into your account through the MLB.com Ballpark mobile app on an eligible mobile phone. Only the original bar code(s) accessed via an eligible mobile phone through an approved Rays Card holder's account will be accepted, at the Rays sole discretion. Any copies, screen shots, grabs, and/or captures, photos, or other reproductions or replications of a digital Rays Card will not be accepted. If eligible, the access and use of a digital version of your Rays Card by properly downloading the MLB.com Ballpark app and logging into your account are your sole responsibility. The Rays make no warranties regarding the availability for use of a digital Rays Card at any time. The Rays may choose not to accept a digital Rays Card or to limit the use of digital Rays Cards in whole or in part at any time in their sole discretion.
7. The Rays may, subject to their sole discretion, offer you the option to load tickets you purchase for games or other events onto your Rays Card. In such instances, the Rays Card can be used by the person to whom it is registered to gain entry to the Stadium for the appropriate game or event, without the need for a printed ticket. The Rays Card does not guarantee entry to the Stadium. It is the ticket holder's responsibility to properly load the ticket onto their Rays Card and present it at the entry gate to be scanned at an RFID reader, failing which admission to the Stadium may be refused. The Rays Card shall only entitle the ticket holder to gain entry to the Stadium after it has been validated by the RFID reader. Photo identification may also be required. Admission may be refused in the event that a ticket is not so validated. Tickets are subject to availability and the Rays Card does not guarantee the opportunity to purchase a ticket or attend any game or event.
8. Upon confirmation of your valid ticket and right to enter the Stadium for the game or other event, you will receive a location slip bearing your seat location. The location slip is your evidence of your right to occupy the specified seat location during the game and must be presented upon request. You may also be asked to present your Rays Card and/or valid photo identification.
9. The following Tropicana Field ticket terms and conditions is incorporated herein by this reference. You agree that you have read and understand the Tropicana Field ticket terms and conditions, and you (and any third party using your Rays Card, whether authorized by you or not) agree to be bound by all of its terms and conditions each and every time you use your Rays Card to gain access to the Stadium in absence of a paper ticket, for any game or event of any kind, without exception. Your purchase will also be subject to the Tropicana Field Ticket Terms and Conditions available at www.raysbaseball.com/rdisclaimer.
10. The Rays may, subject to their sole discretion, offer you the option to have parking passes loaded onto your Rays Card and/or to use your Rays Card to pay for parking in eligible parking lots at certain games and/or other events at the Stadium. It is the sole responsibility of an eligible Rays Card holder to properly load a valid parking pass or to load sufficient funds to cover the cost of parking at a particular game or event to their Rays Card and properly present it for payment. The Rays do not warrant the availability for use of Rays Cards for the purpose of paying for parking at any time. The Rays may choose not to accept any or all Rays Cards for parking or to limit the use of Rays Cards for parking in whole or in part at any time in their sole discretion.
11. The Rays Card has stored value functionality and can be used to make purchases of eligible food, beverage, or merchandise at participating points of sale at the Stadium. The Rays Card is associated with an account that allows you to upload a dollar value as a prepayment to be used for future purchases. You may upload money to your Rays Card online from a bank account having a credit or debit card associated with it. Upon bank authorization of your money upload, the uploaded dollar value will immediately be made available to you for use with your Rays Card.The purchasing value of your Rays Card is determined by the amount of money that you have prepaid and uploaded onto your Rays Card. If at time of purchase the dollar value on your Rays Card is less than the purchase price, you may combine the remaining value on your Rays Card with another form of payment to complete the purchase. The Rays Card is not a credit card, charge card, or debit card, nor is it any way affiliated with your bank account. No credit card, credit line, overdraft protection or deposit account is associated with your Rays Card, subject to Section 10 below. The value uploaded onto your Rays Card is not insured by the Federal Deposit Insurance Corporation (FDIC). No interest, dividends or any other earnings on funds deposited to a Rays Card will accrue or be paid or credited to you.
12. You may also choose to upload value to your Rays Card account by using "Auto Top Up" (as the term is hereinafter defined). Auto Top Up is a service that will automatically charge the credit or debit card on file with your Rays Card account an amount determined by you when your Rays Card balance gets below a certain level, also determined by you. If you attempt to make a purchase in an amount greater than the available balance in your Rays Card account, the remaining funds in your account will be debited and the remainder of the purchase amount will be temporarily authorized, after which the credit card or debit card on file with your account will be charged the additional owed amount. The top up amount selected in your Auto Top Up settings will also be charged to replenish your Rays Card account. For purposes of Auto Top Up, the balance in your Rays Card account is the cumulative value of funds uploaded by you and any unused Burst Bucks (as defined below in Section 12). When activating Auto Top Up, you will agree that the Rays will automatically charge your credit or debit card, subject to Section 9, each time the funds in your account fall below the minimum balance amount (as determined above) you specify when enrolling for Auto Top Up, and when you make a purchase of an amount greater than the balance available in your Rays Card account. You are responsible for keeping the credit or debit card information on file with your account valid and up to date.
13. The minimum amount that may be uploaded to your account is $20.00. There are no minimum balance requirements. You will not be permitted to have a total of more than $1,000.00 in your Rays Card account at any time. The Rays may change the maximum and minimum amounts at any time. Amounts loaded into a Rays Card account using a personal credit or debit card do not expire and will remain in your Rays Card account until you spend or withdraw them.
14. You may have the opportunity to receive bonuses in your Rays Card account, called "Burst Bucks" (as the term is defined hereinafter), for using your Rays Card. Burst Bucks are dollar amounts which may be awarded to you by the Rays upon your completion of certain qualifying activities and/or purchases (as determined by the Rays in their sole discretion) and can be used when making purchases with your Rays Card. Burst Bucks are offered at the sole discretion of the Rays. The Rays maintain the right to change the amounts or criteria for awarding bonuses, or to discontinue the practice, at any time, with or without notice. When making purchases using your Rays Card, funds will first be drawn from the cumulative amounts you have uploaded into your account using cash or a credit or debit card until no more remain, at which time Burst Bucks may be used. Burst Bucks expire on December 31st of the same calendar year in which they are earned, and any remaining unused Burst Bucks will be removed from your account at that time.
15. The Rays reserve the right not to accept any Rays Card or otherwise limit use of a Rays Card if the Rays believe that the use is unauthorized, fraudulent or otherwise unlawful. The Rays reserve the right to require that identification be presented at the time of purchase and to put in place any other security measures necessary to prevent fraudulent or unauthorized use.
16. Cardholders will not be sent statements of activity on their Rays Card account. A review of account information and recent transactions is available online at raysbaseball.com/membership. Balance information is also available on a receipt from the point-of-sale register following a purchase made using the Rays Card. The Rays reserve the right to correct the balance on your Rays Card account if they believe that a clerical, billing, accounting, or other error occurred. If you believe that an error has occurred, you have the responsibility of filing notice of your dispute in writing in an e-mail to firstname.lastname@example.org within sixty (60) calendar days of the date of the transaction in question. Notices of disputes not filed within sixty (60) days will not be reviewed. The e-mail must include your name as it appears on the Rays Card account, your Rays Card account number, and all relevant information that is available to you regarding the dispute.
17. You are responsible for all activity associated with your Rays Card, whether or not that activity was authorized by you. If a Rays Card is lost or stolen, the Rays Card account holder has the responsibility of reporting it lost or stolen through their online account page at raysbaseball.com/membership. The lost or stolen Rays Card will be deactivated and a replacement will be issued. The Rays Card account holder is responsible for all activity associated with his or her Rays Card account, including unauthorized transactions and transactions occurring after his or her Rays Card has been reported lost or stolen, until the lost or stolen Rays Card has been deactivated. The account balance at the time the replacement Rays Card is activated will be equal to the balance, including any unused Rays Card, in the account at the time the lost or stolen Rays Card is deactivated.
18. If your Rays Card becomes damaged or destroyed and is unreadable, you can have your balance transferred to a new Rays Card. The damaged Rays Card will be deactivated, a replacement Rays Card will be issued, and the balance of funds associated with the account will be frozen until such time as the replacement Rays Card is activated.
19. Rays Card account holders are responsible for keeping their account updated with accurate personal information at raysbaseball.com/membership. The Rays are not responsible if Rays Cards or other information or promotional offers associated with the Program are not received. Eligible participants must provide a valid name, mailing address, phone number, and email address to enroll in the Program and are responsible for keeping their contact information up-to-date.
20. A Rays Card may be deactivated if it is not used for a period of one (1) calendar year. A Rays Card will be considered not to have been used and will be deactivated if it has not been used as a ticket to enter the Stadium, to make a purchase, and/or no funds have been uploaded into the account associated with it for one (1) year. Once deactivated, the Rays Card will no longer be eligible to be used to enter the Stadium or to make purchases. Funds in the Rays Card account do not expire and will remain available to the Rays Card account holder to be withdrawn, according to Section 19 of this Agreement, or transferred to a new Rays Card.
21. In accordance with the return policy set by Centerplate, the Rays' hospitality partner and operator of concessions and merchandise sales locations at Tropicana Field, refunds will not be issued for returns of concessions or merchandise. Merchandise may be exchanged within thirty (30) days from the time of purchase with a valid receipt.
23. To the fullest extent permitted by law, services are provided on an "as is" and "as available" basis and are not warranted in any way. You expressly agree that your use of a Rays Card and the account associated with it is at your own risk. The Rays make no representations, warranties, or conditions of any kind, express or implied, with respect to the Rays Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The Rays do not represent or warrant that your Rays Card will always be accessible or accepted.
24. The Rays may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Rays Card. If the Rays terminate this Agreement without cause, they will refund or issue store credits equal to the remaining balance of funds that you have uploaded to your Rays Card account less any amounts that you may owe. Any Burst Bucks that were added to your account pursuant to your deposit of the refunded amounts will be forfeited and removed from your account.
25. Subject to these terms and conditions, you may at any time request a withdrawal for the dollar value of the remaining funds that you have uploaded to your Rays Card account. If you wish to apply for a withdrawal, you must make the request in writing to the Tampa Bay Rays, Attn: Rays Card, Tropicana Field, One Tropicana Drive, St. Petersburg, FL 33705. Your request must include your name as it appears in your Rays Card account, your Rays Card account number, the amount that is requested to be withdrawn, and your signature authorizing the withdrawal. The Rays reserve the right to implement security measures to verify your identity before processing a refund request, and to deny a withdrawal if there is reason to suspect the recipient is engaged in fraudulent or other criminal activities, or is prohibited from a withdrawal by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. Withdrawals will be sent in the form of a check made out to the individual named on the Rays Card account from which the withdrawal is requested. Withdrawals will be processed within thirty (30) days of the receipt of the withdrawal request. At the time the withdrawal is processed, any Rays Card that were added to your account pursuant to your deposit of the withdrawn funds will be forfeited and removed from your account.
26. With the exception of qualifying claims brought in small claims court, any dispute or claim made by you against the Rays, or any of their agents, employees, assigns, subsidiaries, or parent or affiliate companies, arising out of or relating to these terms and conditions or your use of the Rays Card, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, will be resolved by binding arbitration. You must first present any claim or dispute by contacting the Rays to allow them an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable and as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and the Rays agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. If for any reason this arbitration clause is deemed inapplicable or invalid, you waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.
27. To the extent allowed by law, you and the Rays waive any right to trial by jury in any lawsuit, arbitration, or other proceeding.
28. To the extent allowed by law, you and the Rays waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then you and the Rays agree that the agreement to arbitrate does not apply and the classwide dispute must be brought in court.
29. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law rules.
30. You and the Rays agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
31. In the event that the Rays are found liable to you, you agree that you will only be entitled to recover actual and direct damages, and the cumulative liability of the Rays, or that of their officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies, shall not exceed the balance of remaining funds that you have uploaded to your Rays Card account on the date the relevant claim(s) arises, not including any Burst Bucks added to your account pursuant to your deposit of those funds. The Rays and their officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries or their related companies shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement or the use of a Rays Card, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if the authorized representatives of the Rays have been advised of the possibility of such damages.
32. In no event shall the Rays or their officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies be liable to you 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 any act or omission of a third party. This section will survive the termination of your participation in the Program.
33. This Agreement is the complete and exclusive statement of agreement between you and the Rays, and supersedes and merges all prior proposals and all other agreements. Except where this Agreement specifically states otherwise, if any part of these terms is unlawful or unenforceable for any reason, you and the Rays agree that only that part of this Agreement will be stricken to the minimum extent necessary in that jurisdiction and all other provisions in these terms will remain valid and enforceable.
34. The waiver of any breach of this Agreement does not constitute a waiver of any other prior or subsequent breach. Failure to insist upon strict compliance with this Agreement shall not be deemed a waiver of any rights or remedies that the Rays may have against that cardholder or any other cardholder.
Updated December 6, 2016