(Revised & Effective March 8, 2019)
A. Red Member Benefits
For each Red Membership that you purchase, you will receive one (1) ticket to the following Club games during the Club MLS season for which your Red Membership is valid: (I) each Club MLS regular season game at Red Bull Arena (each, a “Home Game”); (II) up to two (2) Club MLS playoff games at Red Bull Arena (excluding MLS Cup); and (III) each Club U.S. Open Cup game at Red Bull Arena (excluding semi-finals and finals). You acknowledge that we make no representations, warranties and/or guarantees (express or implied) to you that the Club will qualify to participate in the MLS playoffs, or that Club will host a U.S. Open Cup game at Red Bull Arena (excluding semi-finals and finals), during the Club season for which your Red Membership is valid or as to the Club’s chances and/or prospects of such qualification or hosting.
As part of your Red Membership, you will also receive certain additional benefits solely with respect to the Club season for which your Red Membership is valid, which may include the following:
- Ticket Trade Program(s) – From time to time, we may offer you one (1) or more methods to exchange Home Game tickets different Home Games scheduled to take place later during the same MLS season. Your ability to do this is subject to additional terms and conditions that will be made available to you prior to the transaction. Not all Home Game tickets will be valued the same, and your ability to exchange any Home Game ticket will also be subject to availability of ticket inventory for the applicable Home Game(s) for which you wish to exchange your Home Game ticket. We reserve the right to determine, in our sole discretion, and at any time any and all Home Games for which ticket exchanges may be requested and we make no representations, warranties or guarantees (express or implied) that you will be able to exchange any Home Game ticket(s).
- Rewards –
- In the event that you refer (i.e., provide us with the name and phone number of) a person who is not a current Red Member, and that person (i) purchases a Red Membership and (ii) at the time of the purchase identifies you as the source of the referral, you will receive Club Cash (as defined below) on your Member Card in an amount equal to ten percent (10%) of the purchase price of the referred buyer’s Red Membership, subject to a Club Cash Cap (as defined below). You may allocate this Club Cash as follows: (I) apply it to your Member Card; (II) split it with the referred buyer on a 50-50 basis; or (III) gift 100% of it to the referred buyer to be loaded on his or her Member Card. You are not entitled to receive Club Cash under this Section if the referred buyer purchases a Red Membership that includes seats that are a part of your Red Membership for the immediately preceding Club season. For example, if you purchased four (4) Red Memberships for the 2017 Club season and you and a friend you refer agree to purchase the same four (4) Red Memberships together, two (2) per person, for the 2018 Club season, you will not be deemed to have referred the new Red Member and, as a result, you will not receive any Club Cash. Whether or not a referral qualifies for the benefits described in this section shall be determined by us in our sole discretion. To receive any Club Cash described in this paragraph, you (and the referred buyer, if any Club Cash is being allocated to such buyer) must have a Member Card.
- Savings –
- From time to time, you will be allowed to receive a discount equal to twenty-five percent (25%) off of the full listed retail price of merchandise you purchase at the BullShop during Home Games at Red Bull Arena. Unless otherwise determined by us in our sole discretion, this discount cannot be combined with any other discount or offer. To receive such discount, you must not opt out of receiving a Member Card and you must present your Member Card to the BullShop customer services representative at the time of purchase.
- Subject to availability, and as determined by us in our sole discretion from time to time, you will be allowed to purchase additional Home Game tickets at a discounted price, the amount of such discount to be determined by Club in its sole discretion.
- You will be eligible to receive a discount equal to five hundred dollars ($500) off the then publicly advertised price (as determined by us in our sole discretion) of a single-Home Game suite license, subject to the availability of suite inventory for the applicable Home Game and to your entering into our then current form suite license agreement. You may exercise this option up to four (4) times per Club MLS season.
- You will be eligible to receive a discount equal to five hundred dollars ($500) off of the then publicly advertised price (as determined by us in our sole discretion) of a license to use certain space and/or facilities at Red Bull Arena, subject to the availability of such space and to your entering into our then current form facilities use agreement. You may exercise this option up to four (4) times per Club MLS season.
- Access –
- From time to time: (A) we may host or permit third parties to host non-MLS events at Red Bull Arena (collectively, “Non-MLS Events”). You may be allowed to purchase tickets to such Non-MLS Event(s), as determined by us in our sole discretion, prior to such tickets being made available for purchase by the general public. The number of tickets that you may purchase during pre-sale (if any), and all other details with respect to such pre-sale, shall be determined by us in our sole discretion. We make no representations, warranties or guarantees (express or implied) that you will be able to purchase tickets to any Non-MLS Event, whether in your current Red Membership seat location(s) or any other seat location(s); and (B) You will be allowed to access concession locations at Red Bull Arena reserved solely for Red Members. You must not opt out of receiving a Member Card in order to use such concession locations.
- Other Benefits – If you have a Member Card, you will also be entitled to receive the additional benefits described under “Member Card Benefits” below, subject to the terms and conditions contained herein.
Red Membership benefits consist only of the items we may make available from time to time, are provided “AS IS,” have no cash value, and may not be sold, bartered, assigned, transferred or pledged to any third party except as expressly permitted by the Club. We reserve the right to eliminate, modify or provide additional benefits in connection with the Red Membership at any time. The Club is not responsible for your inability or failure to accept, use and/or receive any Red Membership benefit for any reason, including lack of knowledge, third-party terms and conditions and/or the terms of business or operations pertinent to the receipt or availability of a particular benefit. Red Membership benefits may be subject to expiration dates and terms and restrictions on use, as reflected thereon. All details regarding the Red Membership benefits will be determined by us in our sole discretion.
B. Obtaining your Member Card; Declining your Member Card
Member Cards are digital only and automatically assigned to you via the New York Red Bulls mobile application (the “Red Bulls App”) when you purchase a Red Membership. You can download the Red Bulls App to your smartphone by visiting the App Store or Google Play. You are not obligated to use the Member Card in connection with any transaction. However, as described herein, use of a Member Card may be required in order for you to obtain and/or receive certain Red Membership benefits. In all instances, Member Cards remain the property of the Club and may not be sold, transferred, or licensed. Member Cards are provided and/or offered solely for promotional purposes and the Club reserves the right to expand or limit the availability of Member Cards, or terminate the Member Card program, at any time.
i. Member Card Benefits
You must use your Member Card at Red Bull Arena to receive certain associated benefits, which may include the following:
- Loyalty Points – from time to time, we may load your Member Card with points (“Loyalty Points”) that may be redeemed for certain rewards the Club offers you, including merchandise, discounts, or access to Club-related events or non-sporting events hosted by us or third parties at Red Bull Arena or other locations (“Rewards”). As noted above, your Member Card is digital and available only through the Red Bulls App. An explanation of how Loyalty Points may be earned is set forth at http://www.newyorkredbullsmembers.com. Generally: (1) you will earn Loyalty Points for various qualifying activities, which may or may not be disclosed to you in advance; (2) Loyalty Points can only be used to obtain Rewards offered by the Club and/or its promotional partners (if applicable); and (3) the availability, delivery and other aspects associated with the Loyalty Points, including your use of Loyalty Points, are subject to change by the Club in its sole discretion. Loyalty Points are awarded after the Club has verified that you have completed a qualifying activity. There will be a reasonable delay between completion of a qualifying activity and when the Loyalty Points are posted to your Member Card. The Club may, at any time, change or impose new restrictions that impact the availability of, or your ability to use, the Loyalty Points accumulated on your Member Card. In addition, the Club may terminate use and availability of Loyalty Points. When your Member Card expires, or in the event it is terminated for any reason, you will lose any Loyalty Points accumulated in connection with that Member Card. Loyalty Point awards have no cash value, and may not be sold, bartered, assigned, transferred or pledged to any third party except as expressly permitted by the Club. You will not receive Loyalty Points unless you have a Member Card. You have no property rights or other legal interests in any Loyalty Points that may accumulate on your Member Card. You are responsible for any personal tax liability that may be related to Loyalty Points or the receipt of any Rewards. The ability to redeem Loyalty Points for a particular Reward may be determined on a first-come, first-serve basis. The Club is not responsible for your inability or failure to accept, redeem and/or use Loyalty Points for any reason.
- Club Cash – you may upload value to your Member Card (“Club Cash”) that can be used to purchase tickets to Club games or events, as well as food, beverage or merchandise offered at participating locations at Red Bull Arena, subject to the terms contained herein. The Club Cash feature of Member Cards may be terminated at any time.
- Tickets – we may, in certain instances, automatically load tickets you purchase on your Member Card, or offer you the option to do so. In all such instances, the Member Card will provide you access to the appropriate Club game or event without the need for a printed ticket. If you elect not to receive a Member Card and elect not to use mobile ticketing, you will receive printed tickets for the games to which you have access as part of your Red Membership either (a) prior to the applicable Club Season when you purchase your Red Membership prior to the beginning of such season or (b) within five (5) business days following your purchase of the Red Membership when you purchase your Red Membership during such season. On a case-by-case basis, tickets may also be made available to you via alternative means – e.g., through a Club application, online via Ticketmaster or Club’s ticketing provider or other digital means – as determined by Club in its sole discretion.
We reserve the right to eliminate, modify or provide additional benefits in connection with Member Cards at any time.
ii. Loading your Member Card with Club Cash
The purchasing value of your Member Card is determined by the amount of Club Cash uploaded onto your Member Card. Club Cash is uploaded to your Member Card via prepayment using your valid credit or debit card at the following locations: (1) http://www.newyorkredbulls.com; or (2) at the Ticket Office. To upload value to your Member Card online, log into your account and follow the posted instructions. A minimum of $10.00 up to an aggregate maximum of $500.00 (the "Club Card Cap") in Club Cash may be uploaded to your Member Card or received from Rewards, including, without limitation, any Red Member referrals described above. We reserve the right at any time to modify acceptable forms of payment, minimum/maximum limits or other terms associated with Club Cash. Member Cards with Club Cash are not credit cards, charge cards or debit cards, nor are they connected in any way to your bank account. The Club Cash feature of Member Cards may be terminated at any time.
iii. REDEEMING LOYALTY POINTS & REWARDS
Subject to change, you may redeem Loyalty Points for Rewards as posted and fully described at http//www.newyorkredbullsmembers.com by following the on-screen directions. Loyalty Points attributed to any Reward are considered redeemed at the moment you submit for the Reward and redeemed Loyalty Points are non-refundable. The Rewards offered by the Club, and the number of Loyalty Points required for a given Reward, are subject to change within the Club’s sole discretion and without notice to you.
All Rewards are provided “AS IS.” Rewards consist only of the items listed and are non-transferable, with no cash redemption or substitution except at the Club’s sole discretion. The Club is not responsible for your inability or failure to accept, use and/or receive the benefit of any Reward for any reason, including any third-party’s terms and conditions and/or the terms of business or operations pertinent to the redemption of a particular Reward. Rewards may be subject to expiration dates and terms and restrictions on use, as reflected thereon. Federal, state or local taxes on Rewards, if any, and any other costs, fees or expenses not expressly included as part of Rewards are your sole responsibility.
The redemption of Loyalty Points may result in your receipt of taxable income from the Club. In accordance with U.S. tax law, the Club may require you to complete a Form 1099-MISC. The valuation of any Rewards for tax reporting purposes will be determined at the Club’s sole discretion.
Subject to all applicable laws, we reserve the right to charge certain fees in connection with any Member Card. More than one fee may be assessed in a given instance. These fees may include, but are not limited to, the following:
· Activation/Renewal Fee – a fee granting you the right to use a Member Card for a specified period of time (“Term”), such as a given calendar year, and a renewal fee to use the Member Card for a subsequent Term.
· Re-activation Fee – a fee to re-activate your Member Card after an extended period of inactivity.
· Dormancy/Inactive Account Fee – with reasonable notice, a monthly or other fee in the event your Member Card remains inactive for an extended period of time. This fee will be assessed against your Club Cash balance. For purposes of this provision, “inactive” refers to your failure to use the Member Card in any way (e.g., as a ticket, for Club Cash, etc.) during any defined period of time we may establish consistent with relevant federal and state laws.
v. Expiration Dates
· Loyalty Points – Loyalty Points expire after each calendar year. So, for example, Loyalty Points awarded between January 1st and December 31st in a calendar year expire if not used by December 31st of the same calendar year.
· Club Cash – there are no expiration dates for Club Cash. Subject to the limitations set forth below, you may request a refund for Club Cash balances at any time.
vi. Checking your Member Card balance
You can check the Club Cash and Loyalty Point balance on your Member Card anytime through the Red Bulls App or at http://www.newyorkredbullsmembers.com by logging into your account.
vii. Club Cash Refunds
You may obtain a refund for Club Cash balances on your Member Card exceeding $10.00, subject to the following terms:
· If you wish to request a refund, you must contact your New York Red Bulls Member Services representative at 1.877.727.6223 or by e-mail at firstname.lastname@example.org. If you call us to request a refund, please have the following information available: the full name and account number written on your Member Card; the billing address associated with the applicable account; and the amount of the refund being requested. If you e-mail us to request a refund, please include the above information in the body of your e-mail and include, “New York Red Bulls Club Cash Refund Request” in the subject line of your e-mail. Refunds will be issued by electronic transfer to the debit or credit card that you most recently used to upload Club Cash to your Member Card or by check mailed to your registered home address. You must specify your preferred method of payment or your refund will not be processed.
· We reserve the right to implement reasonable security measures to verify your identity before processing a refund request.
· Refunds will be processed within one (1) calendar month of receipt of your refund request.
· WE RESERVE THE RIGHT TO DENY A REFUND IF WE: (i) have reason to suspect that you are engaged in fraudulent or other criminal activities; or (ii) are prohibited from refunding the Club Cash by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.
viii. Your Responsibility - Loss, Theft, Damage
You are responsible for all purchase and other activity associated with your Member Card, whether or not the activity was authorized by you.
· Unauthorized Use - If your Member Card is used without your authorization, you are responsible for any activity associated with your Member Card up to the time you properly notify the Club in person at the Ticket Office or by calling 1.877.727.6223. Once you have provided the Club proper notification, your Member Card will be deactivated. The Club Cash balance on your Member Card at the time of deactivation will be, at your request, either transferred to a new Member Card or refunded subject to the above terms.
· Damage - If your Member Card malfunctions, you should immediately notify the Club in person at the Ticket Office or by calling 1.877.727.6223.
C. Third Party Disputes
If there is a dispute between you and any third party providing you food, beverage, merchandise or other benefits in connection with your Red Membership or Member Card (“Third Party Dispute”), you understand and agree that we are under no obligation to become involved. In such instances, you hereby release the Club, its parents, partners, successors, agents, affiliates, subsidiaries and their related companies, and each of their respective officers, directors and employees, from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
Except for Third Party Disputes, you may direct any questions, concerns or complaints relating to Member Cards in writing to New York Red Bulls, Member Services, 600 Cape May Street, Harrison, NJ 07029 or by e-mail to email@example.com.
We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your use of your Member Card, Club Cash and/or Loyalty Points without prior notice. We may do so based on changes to our business practices, if you violate the letter and/or spirit of these terms or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
F. LIMITS ON OUR Liability
UNDER NO CIRCUMSTANCES SHALL THE CLUB, ITS PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES, OR ANY OF THE FOREGOING PERSONS’ AND/OR ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH RED MEMBERSHIPS, MEMBER CARDS, CLUB CASH, LOYALTY POINTS, EVENT/GAME TICKETS, ANY PRODUCTS/SERVICES OR OTHER INFORMATION WE MAY PROVIDE (COLLECTIVELY, “SERVICES”), OR THESE TERMS.
REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY (OR THAT OF OUR PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES, OR ANY OF THE FOREGOING PERSONS’ AND/OR ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES) FOR CLAIMS RELATED TO SERVICES OR THESE TERMS EXCEED THE PREPAID BALANCE ON YOUR MEMBER CARD ON THE DATE THE RELEVANT CLAIM(S) ARISES.
In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
G. DISCLAIMER OF WARRANTIES
TO THE FULL 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 ANY RED MEMBERSHIP BENEFIT(S) AND/OR A MEMBER CARD, INCLUDING ANY CLUB CASH AND/OR LOYALTY POINTS, IS AT YOUR OWN RISK. THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR THESE TERMS.
Certain state laws do not allow limitations on implied warranties. 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.
You agree to indemnify and hold harmless the Club, its parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies, and each of the foregoing persons’ and/or entities’ officers, directors and employees, from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (i) your access to or use of any Red Membership or Red Member benefit (including, without limitation, a Member Card); (ii) any actual or alleged violation or breach by you of these terms; (iii) food, beverages, merchandise or other goods or services received through your Member Card, Club Cash or Loyalty Points; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to the Club; or (v) your acts or omissions including, without limitation, any illegal conduct. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
- MANDATORY ARBITRATION
You and the Club agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to these terms or otherwise, including past, present and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. You and the Club each further agree:
- You and the Club are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction; and
- Exceptions to Arbitrate. You or the Club may bring qualifying claims in small claims court. Further, pursuant to the “No Class Actions” provision below, you and the Club agree that any arbitration will be solely between you and the Club, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that the “No Class Action” restriction is unconscionable or unenforceable, then you and the Club agree that the agreement to arbitrate does not apply and the classwide dispute must be brought in court.
J. Governing Law AND FORUM
These terms shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any controversy or claim arising out of or relating to these terms or relating to use of Member Cards shall be resolved in a federal or state court in New York County, New York. You and the Club 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.
K. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND THE CLUB 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.
L. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, YOU AND THE CLUB WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You may not assign your rights or delegate any of your obligations, in whole or in part, in connection with these terms or your Member Card without our prior written consent. We may at any time, without your consent, assign our rights and/or delegate our obligations in connection with these terms and the Member Cards.
- No Waiver
No waiver by us of any breach or default by you under these terms shall be deemed to be a waiver of any preceding or subsequent breach or default by you.
Except where you and the Club specifically agree otherwise (e.g., see the “Exceptions to Arbitrate” provision), if any part of these terms is unlawful or unenforceable for any reason, you and the Club agree that only that part of these terms will be stricken and all other provisions in these terms will remain valid and enforceable. So, for example, if the “LIMITS ON OUR LIABILITY” provision is not enforceable for whatever reason, then you and the Club agree an arbitrator (or, if permitted, a court) may strike only that provision and that all other provisions in these terms (e.g., “DISCLAIMER OF WARRANTIES,” etc.) will remain in force.