2017 MAJOR LEAGUE BASEBALL POSTSEASON TICKET TERMS & CONDITIONS
TIME, OPPONENT, DATE AND CLUB ROSTERS, INCLUDING THE NEW YORK YANKEES ROSTER, ARE SUBJECT TO CHANGE.
NO RE-ENTRY. NO REFUNDS EXCEPT AS PROVIDED FOR HEREIN.
THIS TICKET MAY NOT BE RESOLD WITHIN ONE THOUSAND FIVE HUNDRED (1,500) FEET FROM THE PHYSICAL STRUCTURE OF YANKEE STADIUM (THE "STADIUM") UNDER PENALTY OF LAW.
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE ("LICENSE"); HOLDER ACCEPTS RISK OF INJURY; THIS TICKET LIMITS HOLDER's LEGAL RIGHTS
By using this ticket ("Ticket") for admission to the Stadium, Ticket holder, on his/her own behalf and on behalf of any accompanying minor(s) (collectively, "Holder"), agrees to the following terms and conditions (the "Agreement") which contains an AGREEMENT TO ARBITRATE And A class action waiver. The Office of the Commissioner of Baseball ("BOC") 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:
Holder agrees that: (a) Holder will not transmit or aid in transmitting any information about the game at the Stadium 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) the BOC or Major League Baseball Properties, Inc., as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) the BOC, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball clubs, including the New York Yankees (the "Yankees"), and each of their respective past, present and future subsidiaries, affiliates, agents, representatives, players, coaches, directors, officers, employees and owners (collectively, the "MLB Entities") and certain current and future sponsors, assignees and licensees of such MLB Entities will have the unrestricted right and license to use Holder's image, likeness, name, voice, comments and/or other proprietary or public rights 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 or consideration, notification or permission, unless otherwise prohibited by applicable law. The rights granted herein to the MLB Entities are assignable.
The MLB Entities reserve the right to terminate the license granted by this Ticket by tendering to Holder the purchase price printed on this Ticket. Further, the MLB Entities reserve the right, in their sole and absolute discretion, with or without refunding any amount paid by Holder, to revoke the license granted by this Ticket and refuse admission to and/or eject any person who: (a) violates the terms of this Ticket; (b) is or appears to be impaired or intoxicated; (c) deliberately conceals alcohol, illegal substances and/or other prohibited items while attempting to enter the Stadium; (d) behaves in a manner that is deemed by any of the MLB Entities to be improper, disorderly or unbecoming; (e) uses foul and/or abusive language; or (f) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing. Holder acknowledges and agrees that the Yankees' ban on foul and/or abusive language and uncovered obscene, indecent and/or inappropriate clothing (i.e., clauses (e) and (f) above) does not violate his/her right to free speech and/or expression and that such time, place and manner of the restrictions are reasonable to maintain a family-friendly atmosphere for minors, ensure the safety of all guests and sports participants, and preserve the enjoyment of the Game for all. In addition, Holder further acknowledges and agrees that by entering the Stadium, he/she hereby consents to the ban on foul and/or abusive language and uncovered obscene, indecent and/or inappropriate clothing and waives, to the fullest extent he/she may legally and effectively do so, any objection he/she may now or hereafter have to such ban and the penalties that the Yankees may impose for any violation of same.
Holder assumes all risks associated with the purchase of this Ticket on the secondary market. This Ticket may not be used for advertising, promotions of any kind (e.g., self-promotions, product promotions, ticket promotions, business promotions or commercial promotions) or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of the BOC.
No resale or offer to resell this Ticket is permitted to the extent prohibited by any applicable federal, state or local law or regulation including, but not limited to, NY Art & Cult Affr § 25 et seq. Any unlawful or prohibited resale will invalidate the License granted by this Ticket. This Ticket may not be resold or offered for resale within one thousand five hundred (1,500) feet of the Stadium, and any person who sells or offers this Ticket for resale at any price within one thousand five hundred (1,500) feet of the Stadium will be removed from the Stadium and may be subject to prosecution.
WAIVER AND RELEASE OF LIABILITY
For the safety of everyone in the Stadium, all guests must stay alert and be aware of their surroundings at all times. Holder recognizes that Holder's attendance at the Game is voluntary and may result in personal injury (including death) and/or property damage. By using this Ticket or by attending, observing or participating in the Game, Holder acknowledges and assumes all risks and dangers associated with Holder: (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. Any Holder concerned with his/her original ticketed location by reason of the foregoing, at any time before or during the Game, should contact a Yankees representative; provided that: (a) any requested relocation is subject to availability; (b) any alternate seat or standing location may be in a section and/or level of the Stadium and/or within a price category that is not in the same section and/or level and/or price category of Holder's original ticketed location, regardless of his/her original ticketed location; and (c) any Holder requesting relocation is responsible for paying the incremental price increase, if any, of the price for the available alternate location. Relocation to a seat or standing location at a lower price than the price of the original ticketed location will not result in a refund or credit. Holder agrees that (a) the MLB Entities, (b) the MLB Entities' respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other Major League Baseball related entities, (d) the Yankees and the owner and/or operator of the Stadium, (e) any local or state governmental body associated with the Stadium, (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 each of the foregoing entities listed in 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: (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 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 from the Game appear, whether such recordings and photographs are captured prior to, during or subsequent thereto.
BY ATTENDING AND/OR PARTICIPATING IN THE GAME, HOLDER 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 STADIUM 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 attendance at, observation of, and/or participation in the Game, (ii) Holder's acts or omissions, or (iii) Holder's breach of any of the terms, conditions or representations made in the Agreement.
NOTICE: FOR THE SAFETY OF EVERY GUEST, ALL PERSONS SPECIFICALLY CONSENT TO AND ARE SUBJECT TO METAL DETECTOR AND PHYSICAL PAT-DOWN INSPECTIONS PRIOR TO ENTRY INTO THE STADIUM. HOLDER waives any claims that Holder might have against the RELEASED PARTIES. ANY ITEM OR PROPERTY THAT COULD AFFECT THE SAFETY OF THE STADIUM, ITS OCCUPANTS OR ITS PROPERTY SHALL NOT BE PERMITTED INTO THE STADIUM. ANY PERSON THAT COULD AFFECT THE SAFETY OF THE STADIUM, ITS OCCUPANTS OR ITS PROPERTY SHALL BE DENIED ENTRY. Only soft-sided bags no larger than 16" x 16" x 8" will be permitted in the Stadium. Briefcases, coolers and hard-sided bags/containers shall not be permitted into the Stadium. No items will be stored at the Stadium. All permitted items will be inspected. Additional Entry Guidelines are posted at Stadium entrances. Only authorized vehicles and vehicles dropping off or picking up disabled guests will be permitted curbside at the Stadium. No other vehicles are permitted curbside for any reason. Please make sure you have everything you need with you before entering the Stadium. No reentry permitted. The Yankees reserve the right to change its security policy without prior notice.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")
The MLB 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 MLB 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 MLB 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 MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB 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 MLB 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 MLB 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, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the MLB 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: Major League Baseball, Attn: Legal Department, Re: Postseason Arbitration, 245 Park Avenue, New York, NY 10167. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Postseason 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 MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Postseason Claim Notice, 245 Park Avenue, New York, NY 10167. 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).
RAIN CHECK NOTICE
Retain possession of this Ticket until the Game has been played. 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 Holder on the date or dates on which such Game is rescheduled or resumed, as may be announced in the sole discretion of the BOC. No part of the purchase price will be refunded by reason of the failure of Holder to use this Ticket on such rescheduled or resumed date or dates. In the event that any Game (other than for Games not played) is not played to completion, as defined by the BOC, or is rescheduled, the Ticket which permits entry into the Stadium to the Game specifically identified on the face of the Ticket (i.e., American League Wild Card Game, American League Division Series Home Game 1, Home Game 2 and Home Game 3; American League Championship Series Home Game 1, Home Game 2, Home Game 3 and Home Game 4; or World Series Game 1, Game 2, Game 6 or Game 7) is to be used for the next Game scheduled to be played at the Stadium irrespective of any previously announced schedule for Games.
REFUND POLICY FOR GAMES NOT PLAYED
In the event that the series for which this Ticket is issued concludes before the scheduled date of the Game, a refund or credit will be issued according to the refund policy applicable to the category of ticket held by Holder (i.e., SEASON, PHONE/WEB, INDIVIDUAL, MLB, CLUBS). Please see the Yankees' Credit/Refund instructions below.
1. Be advised that the Yankees reserve the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including, without limitation, ejection and legal action.
2. The Yankees make no representations or warranties concerning, without limitation, the condition of the Stadium or its suitability for any particular purpose and Holder accepts the Stadium "AS IS."
3. THIS LICENSE SHALL BE GOVERNED AND CONSTRUED BY NEW YORK LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.
4. IN NO EVENT WILL THE MLB ENTITIES BE LIABLE TO HOLDER OR ANY TICKET PURCHASER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF THE MLB ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Commissioner Robert D. Manfred, Jr.
Copyright 2017, Office of the Commissioner of Baseball. All rights reserved.
MasterCard and the MasterCard brand mark are registered trademarks of MasterCard International Incorporated.
Please carefully review your Ticket(s) prior to separation. Improperly torn Tickets will not be replaced.
REFUND/CREDIT INSTRUCTIONS FOR TICKETS TO GAME(S) NOT PLAYED.
NO TICKET SHOULD BE RETURNED. TICKETS HAVE NO CASH VALUE. NO RE-ENTRY.
In the event the Game indicated on the face of this Ticket is not played, the amount paid for this Ticket will be either credited or refunded as follows:
FULL/PARTIAL SEASON TICKET LICENSEES ("Licensee(s)"): As selected by the Licensee on the front of the Postseason invoice, the amount paid to the Yankees for the Ticket will be: (a) CREDITED to the Licensee's 2017 Season Ticket Account; or (b) REFUNDED to the Licensee of record via the same method as the Postseason payment was made by the Licensee. Please allow 4-6 weeks for refund processing. In the event the Licensee fails to make any selection, the amount paid to the Yankees for the Ticket will be automatically credited in accordance with subsection (a), herein.
TICKETMASTER TELEPHONE AND INTERNET PURCHASES: Holders who purchased Tickets through Ticketmaster, over the telephone or via the Internet, will receive a refund from Ticketmaster issued as a credit to the credit card used for the original Ticket purchase.
Please do not hesitate to contact the Yankee Stadium Ticket Office at (212) YANKEES or via email at email@example.com, if you have any questions.
MLB MARKET SEGMENTS/CLUB REFUND INFO
2017 POSTSEASON REFUND POLICY
- Tickets issued through Major League Baseball's Office and through their Broadcast Partners Offices - marked "MLB" on the front of the ticket will receive an automatic credit for any unplayed postseason games. MLB/Broadcast Partners tickets SHOULD NOT be returned and will have no cash value.
- Tickets issued through any of the Participating or Non-Participating Major League Clubs marked "CLUBS" on the front of the ticket will receive an automatic credit from the Club that issued the tickets. Club tickets SHOULD NOT be returned and will have no cash value.