YOUR 2013 TORONTO BLUE JAYS® GROUP TICKETS PURCHASE IS SUBJECT TO THE TERMS & CONDITIONS SET OUT BELOW. PLEASE READ CAREFULLY..
TICKET PRODUCT PURCHASE LICENCE
Rogers Blue Jays Baseball Partnership (the "Club") hereby offers the Licensee (as defined below) the non-renewable, revocable licence (the "Licence") to purchase, have and use the admission tickets (the "Tickets") to those regular season home games of the Toronto Blue Jays Major League Baseball team (the "Jays") as are specified on the reverse or in any other documentation or communications issued by the Club to the Licensee (each, a "Ticket Confirmation"), as applicable. For certainty, for the purposes hereof "Tickets" will include any membership or access cards issued to the Licensee in addition to or in place of actual physical admission tickets, as well as any location slips or other similar documents printed or issued pursuant to same. The Licence must be read in conjunction with any Ticket Confirmation and is offered by the Club to the Licensee subject to the terms and conditions set forth below, the terms and conditions contained on the back of the Tickets issued to the Licensee and included in any Ticket Confirmation, brochure or other material describing any package of Tickets purchased by the Licensee, as well as those additional specific conditions communicated by the Club to the Licensee from time to time (collectively, the "Conditions"). The act of submitting a completed Payment Plan Authorization form or making full or partial payment to the Club, whichever is sooner and whether effected by the Licensee directly or on the Licensee's behalf, will constitute Licensee's acceptance of the Licence and all of the Conditions.
By accepting the Licence, the Licensee acknowledges and agrees that it has no (i) right or privilege to renew the Licence and none will be implied, and (ii) reasonable expectation, right or privilege to any Tickets to any game not specified on a Ticket Confirmation or other event held at Rogers Centre (the "Stadium") (e.g., concerts, lectures, the All-Star Game, etc.). The purchase and use of other game or event Tickets (including Tickets to Postseason Games, as defined below) will be subject to the terms and conditions as set forth, from time to time, by Major League Baseball ("MLB"), the Club or the organizer/promoter of the event, as applicable. Any opportunity granted by the Club to renew the Licence or purchase Tickets to any game not specified on a Ticket Confirmation or any other event is a privilege revocable, at any time, in the Club's sole discretion. If the Licensee has purchased a full season tickets package that includes all 81 Jays regular season home games in the same regular season ("Full Season Tickets") or any "Flex Pack" or "Voucher Pack" product for a particular regular season, and in the same calendar year as that regular season the Jays also play in any "Postseason Games" (i.e. tie-breakers, Division Series, League Championship Series or World Series) at the Stadium, then the Club will give the Licensee the opportunity to purchase Tickets to such Postseason Games in accordance with the following: (i) the Licensee will have the opportunity to purchase Tickets only for the number of seats specified on a Ticket Confirmation, in the case of purchasers of Full Season Tickets (i.e. if the Licensee purchased two (2) Full Season Tickets for a particular calendar year, Licensee would have the opportunity to purchase two (2) Tickets for Jays Postseason Games played at the Stadium during that same calendar year) or two (2) Tickets, in the case of Flex Pack and Ticket Pack purchasers, (ii) the Club may impose a time limit on the Licensee's opportunity to purchase Tickets to any Postseason Games, (iii) the purchase by Licensee of any Tickets to Postseason Games will be at the prices set by the Club, and (iv) Licensee is not guaranteed any particular seating location for any Tickets to Postseason Games. For certainty, purchasers of tickets or products other than those specifically set out in the preceding sentence (e.g. purchasers of the "Toronto Blue Jays Ballpark Pass" product) are not guaranteed any rights or opportunities to purchase Tickets to Postseason Games.
For the purposes of the Licence, the "Licensee" is the adult individual or legal business entity to whom the ticket account specified on a Ticket Confirmation (the "Ticket Account") is registered in accordance with Section 3, below. Each Ticket covered by the Licence represents a separate non-renewable, revocable licence which only permits the bearer the right to: (a) enter the publicly-accessible areas of the Stadium at times determined by the Club; (b) attend the Jays game identified on the Ticket; and (c) sit in the seat location identified on the Ticket. The Licence, the Ticket Account and the Tickets are all revocable at the sole discretion of the Club, with or without cause, including, but not limited to, failure to pay. Game time and date, opponent and team rosters, including the Jays roster, are subject to change without notice to Licensee.
The Licence, the Ticket Account, and/or any privileges the Licensee may have hereunder, may not be assigned, sublet or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Licensee to any other person or entity without the express written consent of the Club. Only the Licensee can request that a Ticket Account be assigned or transferred. For greater certainty, (i) payment for the Ticket Account by anyone other than the Licensee, and receipt thereof by the Club, does not constitute or effectuate an assignment, sublet or transfer of the Licence, and (ii) subject to Section 5, below, the Licensee may give to a third party any of the Tickets provided hereunder and this will not constitute an assignment, sublet or transfer of the Licence.
All sales are final. The Licensee agrees to pay all amounts specified on a Ticket Confirmation in accordance with the payment option selected, including but not limited to, doing so by the applicable due date(s) as are stipulated. Unpaid amounts after any due date will be subject to a late payment charge of two percent (2%) per month until paid, calculated and compounded monthly (26.82% per year).
The Licensee is absolutely responsible for any violation of the Licence, including the Conditions, whether committed by the Licensee or any person in possession of any Ticket(s) issued to the Licensee. The Licensee should safeguard all Tickets so that the Licence is not violated. Unless otherwise authorized by the Club, any direct or indirect sale, resale, auction, assignment, or transfer of any Ticket at a price greater than the price printed on the front, as well as any attempt at any of the foregoing, is strictly prohibited and a violation of the Licence. Furthermore, any resale of any Ticket(s) in violation of any federal, state, provincial or local law, ordinance, rule or regulation violates the Licence and may result in revocation of the Licence. No Ticket(s) may be used for advertising, promotion (including contests, giveaways and sweepstakes) or any other trade or commercial purposes without the prior written consent of the Club. Any violation of the Licence, including the Conditions, will give the Club the unrestricted right to revoke or terminate the Licence, seize any Tickets and/or cancel the Ticket Account immediately without having to refund the face value of the Ticket(s) and without affecting the Licensee's payment obligations to the Club. The Club reserves the right to investigate violations of the Licence and/or the Conditions. The failure of the Licensee or any person in possession of the Ticket(s) to cooperate with any investigation constitutes a violation of the Licence. The Licensee acknowledges that damages may not be an adequate remedy for breach of the Conditions and consents to injunctive or other relief which may be sought to enforce same.
WARNING: PRIOR TO, DURING AND FOLLOWING THE GAME EXPERIENCE, INCLUDING DURING ALL BATTING PRACTICES, FIELDING PRACTICES AND WARM-UPS, ITEMS SUCH AS BASEBALLS, BATS AND FRAGMENTS THEREOF MAY BE THROWN OR HIT INTO THE STANDS. FOR EVERYONE'S SAFETY, PLEASE STAY ALERT AND BE AWARE OF YOUR SURROUNDINGS. ANY GUEST WHO IS CONCERNED WITH HIS OR HER SEAT LOCATION SHOULD CONTACT ANY CUSTOMER SERVICE REPRESENTATIVE FOR AN ALTERNATE SEAT LOCATION, SUBJECT TO AVAILABILITY. The bearer of the Ticket voluntarily assumes all risk and danger of any injury or other loss incidental to the sport of baseball, associated activities and/or his/her attendance at the Stadium (including, without limitation, injury suffered from thrown or broken bats, thrown or batted balls or other objects projected into or within the stands) and hereby releases the Club, Rogers Stadium Limited Partnership ("RSLP", owner of the Stadium), MLB, the Commissioner of MLB, the opposing club and their respective corporate affiliates, agents and employees (including players) from any and all liability, regardless of whether such injury or loss occurs before, during or after the actual playing of the game and whether such injury or loss is caused by any person's negligence or otherwise.
SECURITY POLICY: No alcohol, illegal drugs, chemicals, bottles, cans, weapons, large bags, knapsacks or hard-sided coolers or briefcases will be permitted into the Stadium. No re-entry into the Stadium will be permitted. By seeking entry to the Stadium, the bearer of the Ticket consents to a reasonable search of his/her person and belongings by the Club and/or RSLP. The Licensee and the bearer of the Ticket agree not to use language or engage in conduct that is abusive, illegal or objectionable or might otherwise interfere with the applicable Jays game or with the reasonable enjoyment of others. The Club and/or RSLP reserve the right, with or without refunding the face value of any Ticket, to refuse admission to and/or eject any person who fails to comply with any Condition, including the foregoing. The Club reserves the right to change this Security Policy upon notice to the Licensee.
THE LICENSEE HEREBY AGREES THAT: (A) IT 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") AND SHALL ENSURE THAT ANY PERSON USING ANY OF THE LICENSEE'S TICKETS COMPLIES WITH THE FOREGOING; (B) THE CLUB IS THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME AND GAME INFORMATION; AND (C) IT IS GRANTING THE CLUB, THE OPPOSING CLUB AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES THE UNRESTRICTED RIGHT AND LICENCE TO RECORD THE LICENSEE'S, ITS REPRESENTATIVES' AND BEARER OF THE TICKET'S VOICE, IMAGE AND/OR LIKENESS BY ANY MEANS AND TO USE THAT/THOSE RECORDING(S) FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, IN THEIR ABSOLUTE DISCRETION AND WITHOUT ANY REQUIREMENT OF FURTHER PERMISSION OR REMUNERATION.
LIMITED EXCHANGE POLICY: The Tickets issued to the Licensee are not subject to any refund and will bear no cash value. In the event that a game is not played or completed (as defined by MLB, i.e., 4 1/2 innings if the Jays are ahead and five full innings if the Jays are behind or the game is tied) on the date specified on the Ticket (each, a "Game Cancellation") the Licensee will be entitled to use the Ticket for the cancelled game on the date upon which such game is rescheduled only if the Ticket was purchased as part of a Full Season Tickets package and the Licensee should retain the applicable Ticket(s) for such use. In the case of a Game Cancellation, purchasers of the Toronto Blue Jays Ballpark Pass will have any rescheduled game added to his/her Ticket Account and will be able to use his/her access card to attend such rescheduled game. If the Ticket for a game subject to a Game Cancellation was not purchased as part of a Full Season Tickets package or Toronto Blue Jays Ballpark Pass, then the Licensee may only exchange the Ticket(s) for the cancelled game for a same-priced ticket for any regular season Jays home game within the same season as the originally-scheduled game, subject to availability. For more information, call the Club's ticket office at 416-341-1234.
The Club may change, at any time, any of the Conditions, upon notice to the Licensee. If the Licensee does not accept a change to a Condition, the Licensee's sole remedy is to retain the existing Conditions unchanged for the duration of the Licence period, upon notice to the Club within 30 days of the Licensee's receipt of the Club's notice of change of such Conditions. The Conditions cannot be changed by the Licensee.
The Licence and the Conditions will be governed exclusively by the laws of the Province of Ontario, without giving effect to conflict of laws principles thereof. The exclusive venue for any disputes arising out of the Licence or any Ticket(s) issued to the Licensee will be the courts of the Province of Ontario, located in the City of Toronto. Any written notice should be mailed to: Toronto Blue Jays, Attn: Ticket Manager, Rogers Centre - Ticket Office, One Blue Jays Way, Suite 3200, Toronto, Ontario, M5V 1J1. For additional information on the Ticket Account and other offers related to the Jays, please visit bluejays.com or call 416-341-1234.
The following are trademarks or service marks of Major League Baseball entities and may be used only with permission of Major League Baseball Properties, Inc. or the relevant Major League Baseball entity: Major League, Major League Baseball, MLB, the silhouetted batter logo, World Series, National League, American League, Division Series, League Championship Series, All-Star Game, and the names, nicknames, logos, uniform designs, color combinations, and slogans designating the Major League Baseball clubs and entities, and their respective mascots, events and exhibitions.