This Non-Renewable, Revocable Ticket License (the "License") offered by the New York Yankees Partnership (the "Yankees") to Licensee is subject to the terms and conditions set forth on the back of each Ticket (as defined below) and the terms and conditions set forth below (collectively, the "Terms and Conditions"). The License is limited to applicable postseason home games scheduled to be played in Yankee Stadium (the "Stadium") during the current Major League Baseball ("MLB") postseason (the "Game(s)") that are identified on the front of this invoice ("Invoice"). Receipt by the Yankees of any payment under this Invoice constitutes Licensee's acceptance of the License pursuant to the Terms and Conditions. As used herein, "Ticket" means any ticket purchased pursuant to this Invoice, which Ticket only permits the bearer the right to: (a) enter the publicly-accessible areas of the Stadium at times determined by the Yankees; (b) attend the Game identified on the ticket; and (c) sit in the seat location identified on the Ticket. Each Ticket represents a separate License.
1. LOST OR STOLEN TICKETS: Lost Tickets: Tickets are valuable items and the Yankees recommend that you keep them in a secure place. Lost Tickets can be replaced only under the conditions set forth by the Yankees' management and ONLY to the Licensee. If Tickets are lost, left at home or an incorrect Ticket is presented for admission, the Licensee will be required to purchase replacement Tickets to cover the missing Tickets. In addition, a non-refundable Five Dollar ($5.00) per Ticket processing fee will be charged for each replacement Ticket. Stolen Tickets: Tickets that are reported stolen are replaced without charge only when an official police report is presented to the Yankees Ticket Office. Once replaced, Tickets will not be replaced if lost or stolen.
2. RESALE OF TICKET(S): Any direct or indirect sale, resale, auction, assignment or transfer (collectively, "resale") must be done in accordance with applicable law. Any resale in violation of applicable law will constitute a material breach of the License. Any attempt by two (2) or more persons to gain admission to a Game with both the cancelled Ticket and the reissued Ticket will constitute a material breach of this License. New York State law currently prohibits the resale of any Ticket(s) within one thousand five hundred (1,500) feet from the physical structure of the Stadium (including any building or other structure at which Tickets are offered for first sale to the public) under penalty of law. Tickets may not be used for advertising, promotions of any kind (e.g., self-promotions, product promotions, ticket promotions, business promotions and/or commercial promotions) or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of the Yankees. The use of any Ticket or any commercial or other business transaction involving any Ticket in violation of this License shall be deemed a material breach of this License, regardless of whether the Licensee had knowledge of such use or transaction. The use of the Ticket is the sole responsibility of the Licensee, who shall remain absolutely and unconditionally responsible for any violations of the License. Accordingly, the Licensee should control and supervise the use of all Ticket(s) so that the License is not violated and the License is not materially breached. The Yankees reserve the right to investigate violations and/or alleged violations of the License. The failure of the Licensee or any person in possession of the Ticket(s) to cooperate with any investigation constitutes a material breach of this License.
3. RAINOUTS/POSTPONEMENTS: If any Game is officially rained out or postponed, please pay attention for important rescheduling information including date, time or any other particulars: (a) in local newspapers; (b) on the YES NETWORK, MY 9, WCBS 880 AM and WFAN 660 AM; and (c) on the Yankees website at www.yankees.com. MAKE SURE YOU KEEP YOUR ENTIRE TICKET. Should a Game not be played or not progress to or beyond a point of play constituting a regulation game under Official Baseball Rule 4.10 after the Ticket holder has been admitted to the Stadium, a RAIN CHECK with a coupon attached will admit the Ticket holder to the Game on such rescheduled date or dates, if any, as may be announced in the sole discretion of the Office of the Commissioner of Baseball. No part of the purchase price will be refunded by reason of the failure of the Ticket holder to use the RAIN CHECK and attached coupon on such rescheduled or resumed date or dates. In the event that any Game is not played to completion, as defined by MLB, or is rescheduled, the Ticket that bears that Game's number (i.e., American League Division Series Home Game 1, Home Game 2, Home Game 3, American League Championship Series Home Game 1, Home Game 2, Home Game 3, Home Game 4 or applicable World Series Game) is to be used for the next Game scheduled to be played at the Stadium. IN NO EVENT SHALL THE YANKEES BE LIABLE TO THE LICENSEE AND/OR TICKET HOLDER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF THE YANKEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. REFUND/CREDIT INSTRUCTIONS FOR UNPLAYED GAMES SCHEDULED TO BE PLAYED AT THE STADIUM:
(a) LICENSEES:The amount paid for Tickets for an unplayed Game scheduled to be played at the Stadium (i.e., a Game that is scheduled to be played but is not played because the applicable postseason series concludes prior to the date set forth on the face of the Ticket; each an "Unplayed Game" and, collectively, the "Unplayed Games") will be AUTOMATICALLY APPLIED to the Licensee's Ticket Account for the upcoming MLB regular season unless the Licensee cancels his/her Ticket Account prior to the processing of the refund or the Licensee elects the Refund Option set forth on the front of this Invoice. REFUNDS WILL BE ISSUED ONLY TO THE LICENSEE OF RECORD VIA THE SAME METHOD AS THE POSTSEASON PAYMENT WAS MADE BY THE LICENSEE. DO NOT return Tickets for Unplayed Games to the Yankees - these Tickets have no cash value. Please allow 4-6 weeks for refund processing.
(b) MLB and BROADCAST PARTNERS' TICKETS: Tickets issued through MLB's office and through MLB's broadcast partners' offices - marked "MLB" on the front of the Ticket - will receive an automatic refund for any Unplayed Games; such Tickets SHOULD NOT be returned to the Yankees and have no cash value.
5. CLUB MEMBERSHIPS: Licensees who received memberships for the MLB regular season for the Audi Yankees Club and Mohegan Sun Sports Bar (the "Clubs") will have "Club Access" printed on their Ticket(s). Accordingly, and subject to occupancy restrictions, such Licensees will be able to access the Clubs during the Game to which their Ticket grants admission. Membership only permits access to the Clubs and does not include food and beverages, the Clubs ticketed seating or dining or admission to any games. Dining room tables are reserved for Audi Yankees Club members and their Guest(s) who are dining at the Audi Yankees Club buffet. Food and beverage is not included with Club Access or membership, but may be purchased at an additional cost. Separate passes will NOT be issued to access the Clubs.
6. (a) 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. Any person or property that could affect the safety of Yankee Stadium, its occupants or its property shall be denied entry. Guests may bring into the Stadium one (1) soft-sided bag no larger than 16 inches by 16 inches by 8 inches. WARNING: For the safety of everyone in the Stadium, all Guests must stay alert and be aware of their surroundings at all times, as during all batting practices, fielding practices, warm-ups and throughout the course of the Game(s) and the Game experiences, hard hit baseballs and bats and fragments thereof may be thrown or hit into the stands, concourses, walkways, concessions areas, Monument Park and all other publicly accessible areas within the Stadium. Further, Guests concerned with their original ticketed location by reason of the foregoing, at any time before, during or after the baseball game or the baseball game experiences, should contact a Yankees Ticket Representative located throughout the Stadium to request that they be relocated; however, (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 the Guest's original ticketed location, regardless of their original ticketed location; and (c) any Guest requesting relocation is responsible for paying the incremental price increase, if any, of the ticket price for the available alternate location. The bearer of the Ticket assumes all risk and danger incidental to the sport of baseball and all warm ups, practices and competitions associated with baseball (but not exclusively) the danger of being injured by thrown bats, fragments thereof, and thrown or batted balls and agrees that neither the Yankees, the State and City of New York and their various Agencies, Departments and Subdivisions, the Office of the Commissioner of Baseball, MLB Enterprises, Inc., MLB Properties, Inc., Baseball Television, Inc., MLB Advanced Media, L.P., the Major League Clubs nor any of their respective agents, players, officers, employees and owners shall be liable for injuries or loss of personal property resulting from such causes.
(b) NOTICE: The Yankees and MLB each reserves the right, with or without refunding the established price of the Ticket, to revoke the License, refuse admission to and/or eject any person who: (a) is or appears to be impaired; (b) deliberately conceals alcohol or illegal substances while attempting to enter Yankee Stadium; (c) uses foul or abusive language; (d) wears or fails to cover obscene or indecent clothing; (e) fails to comply with the terms and conditions of the License or (f) interferes with any ball in the field of play or any player attempting to make a play on any batted, pitched or thrown baseball. The bearer of a Ticket shall acknowledge and agree that the ban on foul/abusive language and obscene/indecent clothing 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 ensure the safety of all guests and Game participants and to preserve the enjoyment of the Game for all guests. In addition, the bearer of a Ticket shall further acknowledge and agree that by entering the Stadium, he/she hereby consents to the ban on foul/abusive language and obscene/indecent clothing and waives, to the fullest extent he/she may legally and effectively do so, any objection which he/she may now or hereafter have to such ban and the penalties that MLB and/or the Yankees may impose for any violation of the same.
(c) Placing, dropping, tossing or hurling any substance or object in the Stadium is a crime punishable by fine and/or imprisonment as well as a civil penalty of up to $5,000. In addition, entering the playing field, disrupting a Game and/or attempting any physical contact with a Game participant, including the umpires, is a crime punishable by fine and/or imprisonment as well as a civil penalty of up to $25,000. Violators will be prosecuted to the fullest extent of the law. Violation of any of the foregoing by Licensee or any person using a Ticket, as determined by the Yankees or MLB, as applicable, may lead to the revocation of the License and termination of the Ticket Account.
7. GENERAL INFORMATION:
(a) Tickets are the property of MLB and are issued at the sole discretion of the Office of the Commissioner and the Yankees. Tickets are not to be used for advertising or promotions (including contests, sweepstakes, or other trade purposes) without the express written consent of MLB and the Yankees.
(b) If all Tickets are NOT purchased FOR ALL GAMES OFFERED ON THIS INVOICE by the deadline specified by the Yankees, then your rights to all offered Games shall be forfeited.
(c) The License and Tickets are revocable at the sole discretion of MLB and/or the Yankees, with or without cause, including without limitation, for improper conduct (i.e., acting in a manner that is unruly, disruptive or illegal, fighting, etc.) by any Licensee (including guests or other Ticket holders), or otherwise, as determined by MLB and/or the Yankees, each in their sole and absolute discretion.
(d) All returned or dishonored checks will be subject to a charge of Twenty Dollars ($20.00). If a check is returned or dishonored, the offer to purchase Tickets shall be void unless this Invoice is fully paid by the Licensee on or prior to the deadline printed on this Invoice.
(e) It is understood and agreed that the Licensee consents to the Yankees sharing information about Licensee and Licensee's Ticket Account with MLB and any of the Yankees' or MLB's affiliated and subsidiary companies and their respective sponsors, advertisers, promotional and/or marketing partners, officers, directors, employees and agents and that Licensee hereby authorizes the Yankees to share with others, to the extent permitted by law, such information.
(f) The Yankees reserve the right to inspect any bags, clothing or other articles prior to entry into the Stadium and prohibit entry or require removal of any items which the Yankees deem inappropriate or potentially injurious to the Stadium, other Guests of the Stadium or field personnel. There is no storage area for any items that do not meet security requirements.
(g) BY USING THE TICKET, THE BEARER AGREES THAT: (A) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME (COLLECTIVELY, "GAME INFORMATION"); (B) MLB OR THE YANKEES, AS APPLICABLE, ARE THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME AND GAME INFORMATION; AND (C) THE YANKEES, THE PARTICIPATING CLUB, MLB PROPERTIES, INC., MLB ENTERPRISES, INC. AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND/OR LICENSE TO USE THE BEARER'S VOICE, IMAGE OR LIKENESS, INDIVIDUALLY OR AS PART OF A CROWD, SHOT WITH OR WITHOUT OTHER ATTENDEES OF THE GAME AND THAT SUCH BEARER'S VOICE, IMAGE OR LIKENESS MAY BE INCLUDED IN ANY FOOTAGE, PHOTOGRAPH, POSTER, ADVERTISEMENT OR RECORDING OF THE GAME, INCLUDING PRE-GAME AND POST-GAME EVENTS
8. The Yankees and MLB reserve the right at any time, without notice, to modify, amend or supplement the terms and conditions of this License, Invoice and the terms and conditions with respect to the purchase of Ticket(s) to Games.