WORLD BASEBALL CLASSIC QUALIFIER TICKET TERMS & CONDITIONS
IMPORTANT: YOUR GAME TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THIS TICKET LIMITS USER'S LEGAL RIGHTS
By using this ticket, ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Game (as defined below) ("Minor(s)"), agrees to the following terms and conditions (the "Agreement") which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. World Baseball Classic, Inc. ("WBCI") may change the terms of the Agreement at any time, without notice, and Holder's use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket and/or those of Minor(s):
Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, of all or any part of the game to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, promotions or competitions offered in connection with the game (collectively, the "Game") including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the "Game Information"); (b) WBCI is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) WBCI, the Office of the Commissioner of Baseball, MLB Advanced Media, L.P., The MLB Network, LLC, the Clubs of Major League Baseball, Major League Baseball Properties, Inc., the national baseball federations participating in the World Baseball Classic, the players and other individuals participating in the World Baseball Classic, Major League Baseball Players Association, MLB Players, Inc. and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (collectively, the "WBCI Entities") and certain current and future sponsors and licensees of such WBCI Entities will have the unrestricted right and license to use Holder's image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Game or other transmission, distribution, public performance, or reproduction in whole or in part of the Game, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the WBCI Entities are assignable.
Holder (i) consents to allowing the WBCI Entities to inspect Holder's and/or Minor(s)' person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Game if Holder and/or Minor(s) is/are in possession of any item or object that the WBCI Entities consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the Released Parties (as defined herein). Holder acknowledges that the WBCI Entities have no liability for Holder's and/or Minor(s)' person or property.
The WBCI Entities reserve the right to terminate the license granted by this ticket and/or those of Minor(s) by tendering to Holder the purchase price printed on this ticket and/or those of Minor(s). Further, the WBCI Entities reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by any of the WBCI Entities to be improper, disorderly or unbecoming; or (d) who uses vulgar or abusive language.
ALL GAME TIMES ARE SUBJECT TO CHANGE. THE WBCI ENTITIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder assumes all risk associated with the purchase of this ticket and/or those of Minor(s) from anyone other than WBCI or its designated agents. Neither this ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of WBCI. No offer to resell or resale of this ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by this ticket and/or those of Minor(s). Neither this ticket nor those of Minor(s) may be resold or offered for resale inside the host ballpark ("Ballpark"), and any person who sells or offers this ticket and/or those of Minor(s) for resale at any price inside the Ballpark will be removed from the premises and may be prosecuted.
WAIVER AND RELEASE OF LIABILITY
Holder recognizes that attendance of Holder and Minor(s) at the Game is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using this ticket or by attending, observing or participating in the Game, Holder, on behalf of himself/herself and Minor(s), acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s): (i) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions), and (ii) attending, observing or participating in the Game, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. Holder agrees that: (a) the WBCI Entities, (b) the WBCI Entities' respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other World Baseball Classic related entities, (d) the Ballpark and the owners and/or operators thereof, (e) any local or state governmental body associated with the Ballpark, (f) the ticket manufacturer and/or provider, and (g) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (g), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder's and/or Minor(s)': (x) participation in, attendance at, and/or observation of the Game and/or (y) the negligence of any of the Released Parties (collectively, the "Released Claims"). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Game appear.
BY ATTENDING AND/OR PARTICIPATING IN THE GAME, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).
Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys' fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder's and/or Minor(s)' attendance at, observation of, and/or participation in the Game, (ii) Holder's and/or Minor(s)' acts or omissions, or (iii) Holder's breach of any of the terms, conditions or representations made in the Agreement.
ENTERING THE PLAYING FIELD, DISRUPTING A GAME AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH A GAME PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")
The WBCI Entities care deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of Minor(s) or the Game, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and the WBCI Entities agree to arbitrate any and all claims and disputes relating in any way to Holder's purchase or use of this ticket and/or those of Minor(s), Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Game, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder's and/or Minor(s)' attendance at and/or participation in the Game ("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 Claim to be resolved by arbitration, neither Holder nor the WBCI Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the WBCI Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the WBCI Entities 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 the American Arbitration Association ("AAA") in accordance with its then-existing commercial arbitration rules. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the Ballpark is located. 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 Holder and the WBCI Entities 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, Minor(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 WBCI Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Game took place. Notwithstanding any other provision herein, Holder and the WBCI Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the WBCI Entities 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 termination of the Agreement, the conclusion of the Game, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Game. You must send your request to: World Baseball Classic, Inc., Attn: Legal Department, Re: WBC Arbitration, 1271 Avenue of the Americas, New York, NY 10020. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my World Baseball Classic Ticket." If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the WBCI Entities shall be sent by mail to World Baseball Classic, Inc., Attn: Legal Department, Re: World Baseball Classic Claim Notice, 1271 Avenue of the Americas, New York, NY 10020. 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 and must give the other party a reasonable opportunity to respond to the demand for relief.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).
Retain possession of this ticket until the Game has been played. This ticket cannot be replaced if lost, stolen or destroyed.
This ticket is good only for this particular Game and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Game.
Should the Game not be played or otherwise completed, this ticket will admit the Holder on the date or dates on which such Game is rescheduled or resumed, as may be announced in the sole discretion of WBCI. No part of the purchase price will be refunded by reason of the failure of the Holder to use this ticket on such rescheduled or resumed date or dates.