YANKEES LEGACY CLUB REWARDS PROGRAM AGREEMENT

The Legacy Club Rewards Program (the "Program"), and the corresponding eligibility to participate and receive its benefits, are offered at the sole discretion of the New York Yankees Partnership (the "Club"). The Program allows eligible and registered participants (each, a “Participant”) to earn points ("Rewards Points") that can be redeemed for certain offered rewards (“Rewards”).  The Program also allows certain Participants with the opportunity to obtain certain offered benefits (“Benefits”) based on the number of consecutive years that an eligible Participant has maintained a certain type of Club season ticket license.  Participation in the Program is subject to these terms and conditions (collectively, the "Agreement") and decisions that the Club, in its sole discretion, adopt and amend from time to time.

SECTION 15 OF THIS AGREEMENT IS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN PARTICIPANTS AND THE CLUB TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

PLEASE READ THIS AGREEMENT CAREFULLY. By becoming a Participant in the Program, you accept and agree to comply with this Agreement, including any changes the Club makes to this Agreement or the Program. The above date indicates the date of the most recent version of this Agreement.  Any activity to earn or use Rewards Points will be considered acceptance and consent to the terms and conditions of this Agreement and Program.  Participants agree to review the Website and this Agreement on a regular basis in order to be apprised of any changes to the foregoing. 

1. Binding Acceptance. THIS IS A BINDING AGREEMENT.  By registering on the Program's website and establishing an Account, and/or by otherwise participating in earning Points or using Points, you are agreeing to this Agreement as presently in effect and as modified and interpreted by the Club from time to time.

2. Eligibility; Participation; Accounts. Any current and active Club season ticket licensee (“Licensee”) that is a resident of the United States and over the age of 18 is eligible to participate in the Program.  Eligible participants will be registered using the e-mail address and password provided by their existing My Yankees account, but to become a Participant in the Program, an eligible participant must affirmatively read, accept and agree to this Agreement by clicking on the checkbox that states, “I have read and accept and agree to the Yankees Legacy Club Rewards Program Agreement” at yankeeslegacyclubrewards.com, and after which a Participant’s account (“Account”) will be established. 

By establishing an Account or otherwise participating in the Program, a Participant agrees and confers permission for the Club and its service providers to send commercial messages to the Participant telephone, email or U.S. Mail about the Program, the Club and its sponsors and partners or any other subject matter in the discretion of the Club.  The Club shall not be liable for verification, protection or security of any Account.  The Participant shall not allow his, her or its Account to be accessed by or sold, transferred or assigned to any third party.  At any time in the Club’s sole discretion and without notice, the Club may monitor the Accounts of Participants and, where a Participant was not entitled to earn Rewards Points, the Club may correct the amount of Rewards Points credited in the Account.  If a Participant ceases to be a Licensee with the Club or elects to terminate its participation in the Program, the appliable Account, along with all accumulated Rewards Points and eligibility for Benefits, shall automatically terminate.  Employees of the Club and Major League Baseball are not eligible to participate in the Program.  A summary of how to participate in the Rewards Program can be found in the “FAQ” section on the Website.

3.  Decision-Making Authority of the Club. The Club has the sole right and authority, in its sole discretion, to make all decisions regarding questions or disputes or issues regarding eligibility for the Program, accrual, subtraction, calculation or use of Rewards Points, Rewards, Benefits, a Participant’s compliance with this Agreement and all other issues arising out of or related to administration of the Program, and all such decisions will be binding and final on all Participants. The Club has the sole discretion to interpret and apply this Agreement.

4. Program Changes.  The Club has the right, in its sole discretion, to change, limit, modify or cancel the Program and offerings at any time, with or without notice, including, without limitation the institution of any change that may have the effect of eliminating Rewards Points, reducing the value of Rewards Points, affecting the ability of a Participant to accumulate Rewards Points, limiting or reducing Rewards or Benefits availability, limiting a Participant’s use of Rewards Points or the applicable Account, otherwise diminishing the value of the Program or the Account or changing the obligations of the Participant with respect to the Program or the applicable Account.  The Program, including, without limitation the availability or awarding of any Reward or Benefit, is void where prohibited by applicable law.

Rewards Points/Rewards   

5. Rewards Points.  As may be determined by the Club in its discretion from time to time, Rewards Points may be accrued by Participants for purchasing certain Club season ticket licenses  and/or other activities relating to the Club and/or its related entities.  Rewards Points may not be used for any purpose other than to redeem Rewards.  The rules for earning, redeeming, retaining or forfeiting Rewards Points will be determined, and may be changed, limited, modified or cancelled by the Club in its sole discretion.  Rewards Points cannot be redeemed for cash, have no cash value and cannot be combined with any other ticket or promotional offer of the Club or any third party.  Rewards Points must not be transferred, sold or assigned.  Rewards Points are not the property of the Participant and can be revoked at any time by the Club in its sole discretion.  The Club will not be responsible or liable for the accuracy of Rewards Points information in any Account or any unauthorized Rewards Points redemption activity. 

6. Redemption of Rewards Points.  Rewards Points may not be used for any purpose other than for the Participant to redeem certain Rewards that the Club, in its sole discretion, may offer for redemption from time to time through the Website.  Participants should regularly consult the Website for updates about Rewards availability.  Participants are solely responsible for any and all taxes (if any), including without limitation, sales tax, which may be due in any jurisdiction in connection with any Reward redemption.  Rewards are generally limited in quantity and subject to availability, and may include merchandise, experiences inside a Club facility (e.g., Yankee Stadium) (each, an “Experience”), gift cards, entries into sweepstakes or contests (“Promotions”), auctions and/or other items of value.  Rewards that are limited in quantity will be subject to redemption on a first-come, first-served basis.  Rewards Points required to redeem any Reward will be determined and may be changed, limited, modified or cancelled by the Club in its sole discretion.  Rewards Points redeemed for Rewards will be subtracted from a Participant's Account at the time the Participant makes or requests the applicable redemption.  If a Reward must be shipped or emailed to a Participant, the address or email address included in the Participant’s Account will be used.  If a Reward must be shipped, the Participant will be responsible for shipping costs.  The Club will not responsible for lost, stolen or damaged Rewards shipments or misdirected, blocked or delayed emails.  All redemptions will be final and cannot be refunded or exchanged.  Once Rewards Points have been redeemed, they will no longer valid for any subsequent redemption and they may not be returned or refunded to a Participant’s Account for any reason.  Participation in any Promotion through the Program will be conditioned on the Participant’s agreement with the rules of such Promotion and constitutes full and unconditional acceptance of the official rules of such Promotion.  Rewards are not the property of the Participant and can be revoked at any time by the Club in its sole discretion.  ALL REWARDS ARE REDEEMED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE CLUB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  A PARTICIPANT IS NOT ENTITLED TO REDEEM ANY REWARD UNTIL SUCH PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED, AND IT IS DETERMINED THAT SUCH PARTICIPANT HAS COMPLIED WITH THIS AGREEMENT.

7.  Special Terms Regarding Rewards Points Redemptions.  Rewards shall be redeemed only by the Participant, and the Club shall have the right, in its sole discretion, to revoke any attempted or actual redemption, terminate the Participant’s Account or otherwise enforce this Agreement, on the ground that such redemption was not or shall not be by the Participant.  If a Participant is not a natural person, then redemption shall be limited to such Participant’s owners, officers, directors and employees.  If a Reward is an Experience, the following special terms shall apply:

(a) Participant’s use of such Reward (i) will be subject to the Participant’s compliance with applicable law and Yankees/MLB Requirements (as defined below) inside the applicable Club facility, and (ii) may be conditioned on the Participant agreeing to a special release and waiver to be provided by the Club in order to enter the Club facility. 

(b) If the Reward shall allow the Participant to invite a third party as a guest (“Guest”) to participate in the Reward, such invitation shall be conditioned on the following:  (x) the Guest’s agreement that he or she shall comply with applicable law and Yankees/MLB Requirements (as defined below) inside the Club facility; (y) the Guest’s agreement to a special release and waiver to be provided by the Club in order to enter the Club facility; and (z) the Guest’s agreement to be bound by this Agreement as if the Guest were the Participant.  Any entry inside any Club facility by any Guest in connection with a Reward shall constitute the Guest’s agreement with (x-z) above.   

Benefits

8. Benefits.  As may be determined by the Club in its discretion from time to time, Benefits may be accrued by an eligible Participant based on the number of consecutive years that such Participant has maintained a certain type of Club season ticket license.  The rules for earning, redeeming, retaining or forfeiting Benefits will be determined, and may be changed, limited, modified or cancelled by the Club in its sole discretion.  Benefits cannot be redeemed for cash, have no cash value and cannot be combined with any other ticket or promotional offer of the Club or any third party.  Benefits must not be transferred, sold or assigned.  Benefits are not the property of the Participant and can be revoked at any time by the Club in its sole discretion.  The Club will not be responsible or liable for the accuracy of Benefits s information in any Account or any unauthorized Benefit redemption activity. 

9. Redemption of Benefits.  Participants should regularly consult the Website for updates about Benefits eligibility and availability.  Participants are solely responsible for any and all taxes (if any), including without limitation, sales tax, which may be due in any jurisdiction in connection with any Benefit redemption.  Benefits are generally limited in quantity and subject to availability, and may include merchandise, Experiences and/or other items of value.  Benefits that are limited in quantity will be subject to redemption on a first-come, first-served basis.  Benefits will be determined and may be changed, limited, modified or cancelled by the Club in its sole discretion.  If a Benefit must be shipped or emailed to a Participant, the address or email address included in the Participant’s Account will be used.  If a Benefit must be shipped, the Participant will be responsible for shipping costs.  The Club will not responsible for lost, stolen or damaged Benefits shipments or misdirected, blocked or delayed emails.  All Benefits received will be final and cannot be refunded or exchanged.  ALL BENEFITS ARE “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE CLUB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  A PARTICIPANT IS NOT ENTITLED TO ANY BENEFIT UNTIL SUCH PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED, AND IT IS DETERMINED THAT SUCH PARTICIPANT HAS COMPLIED WITH THIS AGREEMENT.

10.  Special Terms Regarding Rewards Points Redemptions.  Benefits shall be redeemed only by the Participant, and the Club shall have the right, in its sole discretion, to revoke any attempted or actual redemption, terminate the Participant’s Account or otherwise enforce this Agreement, on the ground that such redemption was not or shall not be by the Participant.  If a Participant is not a natural person, then redemption shall be limited to such Participant’s owners, officers, directors and employees.  If a Benefit is an Experience, the following special terms shall apply:

(a) Participant’s use of such Benefit (i) will be subject to the Participant’s compliance with applicable law and Yankees/MLB Requirements (as defined below) inside the applicable Club facility, and (ii) may be conditioned on the Participant agreeing to a special release and waiver to be provided by the Club in order to enter the Club facility. 

(b) If the Benefit shall allow the Participant to invite a third party as a guest (“Guest”) to participate in the Benefit, such invitation shall be conditioned on the following:  (x) the Guest’s agreement that he or she shall comply with applicable law and Yankees/MLB Requirements (as defined below) inside the Club facility; (y) the Guest’s agreement to a special release and waiver to be provided by the Club in order to enter the Club facility; and (z) the Guest’s agreement to be bound by this Agreement as if the Guest were the Participant.  Any entry inside any Club facility by any Guest in connection with a Benefit shall constitute the Guest’s agreement with (x-z) above. 

11.  Services.  The Released Parties (as defined below) shall not be responsible or liable for any interruption in service, errors or omissions in connection with the Program (including, without limitation, with respect to a Participant’s Account), whether caused by the Club or otherwise.  The Released Parties do not guarantee continuous, uninterrupted or error-free service or use of the Website or any Participant’s Account, and shall have no liability with respect to the foregoing.  Each Participant shall be solely responsible and liable for the security of such Participant’s Account password, and agrees to accept responsibility and liability for all activities that occur under the Participant's Program Account.  The Club shall attempt to communicate with each Participant only by means of the applicable email address stated in the Account, and it is the responsibility of each Participant to keep his, her or its email address current.     

12.  Remedies.  The Club reserves the right and sole discretion to terminate or suspend any Participant and/or Account at any time in the Club’s sole discretion, and grounds for termination shall include, without limitation, failure to comply with: (a) this Agreement; (b) the applicable Club season ticket license; (c) the terms and conditions of Club tickets; (d) applicable law; (e) the policies and rules of the Club or Major League Baseball; or (f) the instructions of the Club (whether related to online or offline behavior, including behavior at Yankee Stadium, or otherwise) ((a-f) collectively, “Yankees/MLB Requirements”). 

13.  Release of Liability.  The Club and the MLB Entities and each of their respective direct or indirect partners, owners, parent and affiliated and subsidiary entities and their respective managing general partners, general partners, limited partners, stockholders, owners, members, directors, officers, employees, agents and representatives and, in all cases, each of their respective affiliates and the City of New York, the New York City Industrial Development Agency, the New York City Economic Development Corporation and their respective trustees, officials, members, officers, directors, employees, agents and servants (collectively, the “Released Parties”) will have no liability or responsibility whatsoever for, and shall be held harmless by any and all Participants and others against any liability for any and all injuries, losses or damages of any kind (including, without limitation, direct, indirect, incidental, consequential or punitive or exemplary damages) to persons or entities arising in whole or in part directly or indirectly, from any Participant’s or Guest’s participation in the Program or use of an Award by the Participant or any Guest, including, without limitation, any Participant’s or Guest’s acceptance, possession, use or misuse of a prize or Reward or Benefit.  The “MLB Entities” shall mean MLB Advanced Media, L.P. (“MLB.com”), the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“MLB Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the MLB Clubs or the BOC, and the owners, general and limited partners, members, shareholders, directors, officers, employees and agents of the foregoing entities.  The Released Parties will not be responsible if any Reward cannot be awarded or fulfilled for any reason.  In no event shall the Released Parties be liable for any delay in or failure to perform due to any cause beyond the reasonable control of any Released Party including, without limitation, any act of God, act of war, strike or lockout or other labor dispute, natural disaster, weather, terrorism, health emergency, epidemic or pandemic or any act or omission of a third party.  Under all circumstances, the total cumulative liability of the Released Parties to any single Participant arising from or related to the Program or this Agreement shall not exceed Ten Dollars ($10).   

14.  Indemnification.  Each Participant and Guest agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses (including, without limitations attorneys’ fees and expenses) arising out of or relating to such Participant’s participation in the Program and use of any Reward by the Participant and any Guest.  

15.  Mandatory Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”). 

(a) If Participant has any problem, 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.

(b) Unless prohibited by federal law, Participant and Club agree to arbitrate through BINDING INDIVIDUAL ARBITRATION any and all claims and disputes relating in any way to this Agreement, and any related dealings between them, including (x) disputes concerning the Program, (y) the validity, scope and enforceability of this Arbitration Agreement and claims of personal injury (including illness and death) or (z) property damage arising out of attendance at and any New York Yankees game or event by any Participant (“Arbitration Claims”). This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

(c) In any Arbitration Claim to be resolved by arbitration, neither any Participant nor Club will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Participants and Club would have in court will not be available or will be more limited in arbitration, including the right to appeal. Participants and Club each understand and agree that by requiring each other to resolve all disputes through individual arbitration, THE PARTICIPANTS AND CLUB 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.

(d) Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. Participants may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 212-751-2700 or visiting jamsadr.com. If JAMS 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 the FAA. The arbitration shall take place in New York, New York. 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 Participants and Club 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 Participants and Club agree that the Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, all Participants 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.

(e) Payment of all filing, administration, hearing and other fees (“Arbitration Fees”) will be governed by JAMS's rules. Participants will be responsible for paying Participant’s share of any Arbitration Fees, but only up to the amount of the filing fees Participants would have incurred in the state or federal court in New York, whichever is less. Club will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Notwithstanding any other provision herein, Participants and Club may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Participants and Club 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 this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then the 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 the Arbitration Agreement. This Arbitration Agreement will survive the termination of the Terms and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

(f) 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 Club or any other Released Party shall be sent by mail to: New York Yankees, Attn: Legal Department, Re: Legacy Club Rewards Program Claim Notice, One East 161st Street, Bronx New York 10451. Any Claim Notice must (i) identify the Claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) 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.

(g) Notwithstanding Sections 15(b) – (f), above, in the event the dispute involves Participant’s failure to participate in the arbitration in good faith, or frustrates the arbitration process and/or the arbitration process reaches an impasse, then as a result of any of the foregoing, Club, at its sole option, shall be relieved from the Arbitration Agreement and may immediately proceed with any legal action, suit or proceeding in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction, the State Courts of New York located in Bronx County, New York.  Participant expressly and irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforesaid courts in personam and waives any claim that such forum is inconvenient, inappropriate or any similar claim.  Participant further acknowledges and agrees that if Club is forced to proceed under this Section 15(g) with respect to any dispute, such dispute is likely to involve complicated and difficult issues.  Accordingly, Participant hereby irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any litigation contemplated hereunder.  Participant further certifies and acknowledges that: (i) no representative, agent or attorney of Club has represented, expressly or otherwise, that Club would not, in the event of litigation, seek to enforce Participant’s waiver of a trial by jury; (ii) it understands and has considered the implications of Participant’s waiver of a trial by jury; (iii) it makes such waiver voluntarily; and (iv) it has induced Club to enter into this Agreement by, among other things, its waiver of a trial by jury and the certifications contained in Sections 15(g)(i) – (iv).

(h) PARTICIPANT HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT PARTICIPANT MUST EXERCISE THIS RIGHT PROMPTLY. If Participant does not wish to be bound by the Arbitration Agreement, Participant must notify Club by mailing a written opt-out notice, postmarked within seven (7) days after Participant acknowledges acceptance of and agrees to be bound by these Terms. Participant must send the request to: New York Yankees, Attn: Legal Department, Re: Legacy Club Rewards Program Arbitration, One East 161st Street, Bronx, New York 10451. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Legacy Club Rewards Program Terms and Conditions.” If Participant exercises the right to reject arbitration, the other terms of in the Terms shall remain in full force and effect as if Participant had not rejected arbitration.

16.  Publicity Release. Registering for the Program constitutes the Participant’s and any Guest’s irrevocable and unrestricted agreement that, in connection with the Participant’s receipt of a Reward or Benefit, the Club and its sponsors and other partners may in their sole discretion use the Participant’s name and likeness for advertising, trade, or any other lawful purposes to promote the Program without additional permission or approval to the maximum extent permitted by applicable law.

17.  Notice.  Any notice to be provided pursuant to this Agreement shall be provided as follows:  (a) to the Participant:  to the email address included in the Account; and (b) to the Club:  New York Yankees Partnership, Attn: Legal Department, Re: Legacy Club Rewards Program Claim Notice, One East 161st Street, Bronx New York 10451.  

18.  Miscellaneous.  The Program is subject to all applicable federal, state, and local laws and regulations. The Program, including Rewards and Benefits, are offered in good faith, however, they may not be available if prohibited or restricted by applicable law or regulation. Subject to the Arbitration Agreement, any disputes arising out of or related to the Program shall be governed by and construed and enforced in accordance with the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. If any provision of the Program is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to insist upon strict compliance with the Agreement shall not be deemed a waiver of any rights or remedies that the Club may have against any party. The Agreement sets forth the entire understanding and agreement between each Participant and the Club and the Released Parties with respect to the subject matter hereof.

Dated:  May 17, 2023