NESN 360 Ticket Promotion (the “Promotion”)
Official Rules — 2023
VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TICKETS ARE ONLY AVAILABLE FOR A LIMITED TIME, WHILE SUPPLIES LAST.
By participating in the Promotion, you agree to abide by these official rules (these “Rules“), which are a contract, so read them carefully before participating. This contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies, as well as your agreement that all disputes relating to the Promotion will be resolved solely by binding arbitration.
ELIGIBILITY AND PARTICIPATION
Beginning on February 24, 2023 at 12:00 p.m. Eastern Time (“ET“) and continuing while supplies last (the “Entry Period“), the Promotion is open to all legal residents of Connecticut (excluding Fairfield County), Maine, Massachusetts, New Hampshire, Rhode Island or Vermont who are 13 years of age or older that have not previously purchased a NESN 360 subscription (either annual or monthly), upon purchase of an annual subscription to NESN 360 (an “Annual Subscription“), except as otherwise set forth herein. Employees, officers and managers/directors of New England Sports Network Limited Partnership (“NESN“), Boston Professional Hockey Association d/b/a Boston Bruins (the “Bruins“), the Boston Red Sox Baseball Club Limited Partnership (the “Red Sox“), and each of their respective Affiliates (defined below), as well as any of their respective sponsors, advertising and promotion agencies (including their immediate family members, regardless of where they reside, or those living in the same household, whether or not related) are not eligible for the Promotion. “Affiliate” means, with respect to a party, any individual or entity controlled by, controlling or under common control with, such party. The term “control” shall mean, with respect to any entity, the ability to vote fifty percent (50%) or more of the voting securities or other comparable equity interests in such entity or to otherwise influence and direct the policies and management of such entity. Each person that is eligible to participate in the Promotion in accordance with this paragraph shall be referred to as an “Eligible Person.”
Upon purchase of an Annual Subscription during the Entry Period, all Eligible Persons shall be automatically eligible to receive up to four (4) tickets in total for use at certain Red Sox home game(s) during the 2023 Major League Baseball regular season (the “Tickets“), subject to availability and while supplies last. A limited quantity of Tickets shall be made available to Eligible Persons during the Entry Period on a first-come first-serve basis; provided, that NESN reserves the right, in its sole discretion and at any time, to cancel, modify, or suspend the Promotion (or any portion thereof). Each Eligible Person that purchases an Annual Subscription during the Entry Period shall receive via email four (4) codes (each, a “Code“) which may be redeemed for Tickets to select Red Sox home games during the 2023 Major League Baseball regular season. All Codes must be redeemed on or before August 31, 2023 in accordance with the instructions provided. The Released Parties are not responsible for any lost or stolen Codes or any unauthorized redemption of a Code.
No other method of participation will be accepted other than as set forth above.
Participants may be given the option to receive (a) commercial e-mail from NESN and/or (b) mobile text messages and updates from NESN; however, eligibility to participate in the Promotion is not dependent upon a participant’s consent to receive such e-mails or mobile text messages and updates. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Each participant is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes) incurred in connection with the receipt of the Tickets. All costs and expenses associated with the Tickets, including any lodging, parking, transportation costs, meals, gratuities and other expenses incurred in connection therewith, are the sole responsibility of the participant.
The exact Boston Red Sox Game date(s) and seating locations of the tickets made available to Eligible Persons for Code redemption shall be determined by the Red Sox in its sole discretion, provided that each Red Sox Game made available will be one of the Red Sox home games at Fenway Park then remaining in the 2023 MLB regular season. Each Red Sox Game date and time is subject to change in the event of game delay, postponement or cancellation. Use of any MLB game ticket is subject to the standard terms, conditions, and health and safety policies printed on and otherwise applicable to the ticket. Released Parties (defined below) will not be responsible for such events outside their control that cause the cancellation or postponement of the applicable Red Sox Game. Each participant and his or her guest(s) agree to comply with all rules and guest policies of Fenway Park, including but not limited to COVID-19 safety protocols and requirements. Fenway Park reserves the right to remove or to deny entry to any individual if he or she engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any venue staff (including, without limitation, police officers or security personnel in or around the venue) or any other person at Fenway Park. The Tickets may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in forfeiture.
WAIVER OF LIABILITY
By participating in the Promotion, each participant agrees to (i) comply with these Rules and the decisions of NESN, which are binding and final, and (ii) to the extent permitted by law, waive and fully, completely and forever release and discharge NESN, the Bruins, the Red Sox, and each of their respective sponsors, Affiliates, officers, directors/managers, employees, agents, representatives, sponsors and advertising and promotion agencies (collectively, “Released Parties“), for any injury, damage or loss (including attorney’s fees) that may occur, directly or indirectly, in whole or in part, from participation in the Promotion, or from usage of the Tickets or any travel or activity related thereto, including but not limited to exposure to or contraction of COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 or any other communicable or infectious diseases, viruses, bacteria or illnesses or the causes thereof. By participating in the Promotion, each participant gives his or her express permission to be contacted by NESN and/or the Red Sox by telephone, e-mail or postal mail for Promotion administration purposes.
Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including errors or difficulties which may occur in connection with the administration of the Promotion or the redemption of the Codes. Released Parties are also not responsible for any incorrect or inaccurate information, tampering, hacking, or by any equipment or programming associated with or used in the Promotion. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or wireless device related to or resulting from participating in the Promotion, using the Codes or downloading materials from any e-mail, application or website associated with the Promotion. NESN shall have the sole right to disqualify any participant for violation of these Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Tickets, and (b) disclaim any implied warranty. NESN’s failure to enforce any term of these Rules shall not constitute a waiver of such term.
Each participant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to the Promotion or the Tickets (each, a “Claim“), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in Suffolk County, Massachusetts before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
LIMITATION OF LIABILITY
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
NESN reserves the right, in its sole discretion, to (a) cancel or suspend the Promotion (or any portion thereof) and (b) modify these Rules.
The headings to these Rules are for convenience only, and are to be of no force or effect in construing or interpreting any of the provisions of these Rules. Unless the context of these Rules clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, and the part the whole, (b) references to any gender include all genders, (c) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (d) “include”, “includes” and “including” are not limiting and has the inclusive meaning frequently identified with the phrase “including, but not limited to,” or “including, without limitation,” and (e) “hereunder,” “herein,” “hereto” and “hereof” relate to these Rules.
Bruins trademarks, service marks and copyrights are proprietary to the Bruins. Red Sox trademarks, service marks and copyrights are proprietary to the Red Sox or Major League Baseball. All NESN trademarks, service marks and copyrights are proprietary to NESN. All rights reserved.