Miami Marlins Ticket Referrals Program - Terms and Conditions

The Miami Marlins Ticket Referrals Program (“Program”) is offered at the sole discretion of Marlins Teamco LLC (“Miami Marlins”). By participating in the Program, Eligible Members and/or Potential Referrals (as each are defined herein) agree to abide by these terms and conditions, rules, regulations, policies, and procedures, the Marlins.com Terms of Use and Privacy Policy, and Qualtrics Privacy Policy (collectively, the “Terms and Conditions”), each of which the Miami Marlins may, in its sole discretion, modify, add, or delete from time to time without notice. This Program is also subject to the terms and conditions of the Home Run Rewards Program, available at https://marlinsrewards.com.

ELIGIBILITY: Subject to the restrictions set forth in the Terms and Conditions, the Program is available to individuals who (i) are eighteen (18) years of age or older, (ii) are legal residents of the United States (including its commonwealths, territories, and possessions) (the “Eligible Territory”), and (iii) purchased a 10-game, 20-game, weekend, half season, or full season Marlins Membership for the Miami Marlins’ 2022 and/or 2023 season(s) (individually, an “Eligible Member”; collectively, the “Eligible Members”). Each Eligible Member has a unique referral code consisting of their first and last name (e.g. John Smith) (“Referral Code”) to share with Potential Referrals. In order for Eligible Members to earn Referrals, Potential Referrals must enter the Eligible Member’s Referral Code when submitting a Qualified Submission (as defined herein). Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the MLB Entities (as defined herein) and any of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Program are not eligible to participate in the Program. The Miami Marlins reserve the right to disqualify or exclude any other person from the Program, and all questions or disputes regarding eligibility shall be resolved by the Miami Marlins in its sole discretion. The Program is subject to all applicable laws, rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation.

ENTRY PERIOD: The Program entry period begins on July 28, 2022 at 9:00 a.m. Eastern Time (“ET”) and ends on May 31, 2023 at 11:59 p.m. ET (the “Entry Period”).

HOW TO PARTICPATE IN THE PROGRAM: During the Entry Period, an Eligible Member can share the following link https://marlins.com/referral (“Website”) for a Potential Referral to complete and submit the form with the Eligible Member’s Referral Code and all of the required information on the Website (each, a “Submission”). Potential Referrals must read and consent to the Terms and Conditions during the Submission process. Potential Referrals who do not indicate their agreement to the Terms and Conditions will not have their Submission reviewed and/or deemed a Qualified Submission. Potential Referrals must fully complete and submit all non-optional data requested on the entry form to be eligible. Incomplete and/or inaccurate Submissions are void. Submissions are subject to verification and compliance with the Terms and Conditions. All information submitted online by Potential Referrals is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use (accessible at: mlb.com/tou) and Privacy Policy (accessible at: mlb.com/privacy). To be deemed a “Qualified Submission,” the Submission must satisfy the following conditions: (i) the individual being identified as a potential referral through the Submission (“Potential Referral”) is a living person who is eighteen (18) years of age or older; (ii) the Potential Referral is not an Eligible Member and has not become an Eligible Member before the Submission is received; (iii) a Marlins Membership Experience Executive is able to communicate with and verify the identity of the Potential Referral through the consent and information provided by the Potential Referral in their Submission; and (iv) the Submission is received on or before May 31, 2023 (“Program End Date”). Each Eligible Member will earn one (1) referral (“Referral”) for each Qualified Submission. Online entry only. No other method will be accepted. Each Referral Code is unique to an Eligible Member to share with Potential Referrals only and must not be distributed or sold for any commercial purposes or otherwise publicized for use by the general public. Eligible Members will disclose to Potential Referrals that they been incentivized to make the referral in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and all applicable laws. The Miami Marlins reserve the right to void or refuse to honor Submissions connected to an Eligible Member’s Referral Code if the Miami Marlins suspect any abuse in connection with this Program (including but not limited to distributing or selling a Referral Code) and the Miami Marlins shall have no liability to the Eligible Member and/or the Potential Referrals in connection with such decision. Eligible Members and Potential Referrals are solely responsible for Internet connectivity, software, and/or hardware that may be required in order to participate in the Program and/or submit any Submission.

REFERRAL PRIZES: Prizes will be awarded after the Program End Date based on the total number of Referrals an Eligible Member earns by the Program End Date. A prize (“Quantity Prize”) is awarded for each of the following levels based on Referral(s) earned: (i) one (1) Referral earned; (ii) three (3) Referrals earned; (iii) five (5) Referrals earned; (iv) eight (8) Referrals earned where at least one (1) of the Eligible Member’s Potential Referrals purchased a 2023 Marlins Membership; (v) twelve (12) Referrals earned where at least one (1) of the Eligible Member’s Potential Referrals purchased a 2023 Marlins Membership; and (vi) twenty (20) Referrals earned where at least two (2) of the Eligible Member’s Potential Referrals purchased a 2023 Marlins Membership. The Quantity Prizes are listed on the Website; the Miami Marlins reserve the right to add, remove, edit, and/or amend any limitations on the Quantity Prizes at any time. Limited Quantity Prizes are available. First come, first served. Potential Referrals are not eligible to receive any Prize (as defined herein) awarded through the Program; for the sake of clarity, the ability to purchase a Marlins Membership is the sole benefit provided by the Miami Marlins to a Potential Referral who submits a Qualified Submission into the Program.

In addition to the Quantity Prizes, the Miami Marlins will award a total of three (3) grand prizes (“Grand Prizes”) to the three (3) Grand Prize Eligible Members (defined below) with the most Referrals by the Program End Date. Quantity Prizes and Grand Prizes shall be collectively referred to herein as the “Prizes.” To be eligible for any of the Grand Prizes, an Eligible Member must have earned at least ten (10) Referrals where at least three (3) of such Eligible Member’s Potential Referrals purchased a 2023 Marlins Membership (the “Grand Prize Eligible Members”). The Grand Prizes, as listed on the Website, will be distributed as follows after the Program End Date: the Grand Prize Eligible Member with the most Referrals will receive the 1st Prize Grand Prize; the Grand Prize Eligible Member with the second-most Referrals will receive the 2nd Prize Grand Prize; and the Grand Prize Eligible Member with the third-most Referrals will receive the 3rd Prize Grand Prize. In the event that any Eligible Members and/or Grand Prize Eligible Members have the same number of Referrals, the tie will be broken in favor of the Eligible Member and/or Grand Prize Eligible Member with the highest cumulative total spend on Marlins Memberships purchased by their Potential Referrals. Except for the 1st Prize Grand Prize, all Prizes shall be available for pick-up after the Program End Date at Member Headquarters located in Section 15 at loanDepot park during a 2023 Miami Marlins’ regular season home game. If an Eligible Member cannot claim their Prize in-person at loanDepot park during a 2023 Miami Marlins’ regular season home game on or after the Program End Date, the Eligible Member must contact their Marlins Membership Experience Executive to (i) schedule an appointment to pick up their Prize at loanDepot park, or (ii) purchase the mailing option, subject to the then-current mailing rate, to have their Prize mailed on or about the first business day of the following month. A Miami Marlins Membership Experience Executive will contact the Grand Prize Eligible Member receiving the 1st Prize Grand Prize with redemption instructions.

PRIZE CONDITIONS; PRIZE NOTIFICATION: All Prize details, including, without limitation, exact game date and seat locations at the game, shall be determined in the sole and absolute discretion of the Miami Marlins. Under no circumstance will a certificate of authenticity be provided by the Miami Marlins for any Prize containing memorabilia, game-used or otherwise. Actual value of any Prize is subject to market fluctuations. Prizes awarded may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. The Grand Prize Eligible Members will be notified by a Miami Marlins Membership Experience Executive at the email address, postal address, and/or telephone number (as determined by the Miami Marlins) provided by the Grand Prize Eligible Member (the "Prize Notification"). In the event that any Grand Prize Eligible Member does not respond to Prize Notification within twenty-four (24) hours of the time of issuance or declines the Grand Prize for any reason, a disqualification will result, the Grand Prize will be forfeited and, at the Miami Marlins’ sole discretion and time permitting, an alternate potential Grand Prize Eligible Member receiving the Grand Prize may be selected from among all remaining Grand Prize Eligible Members. The Eligible Member is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes) arising from participation in the Program or the receipt of benefits under the Program. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and all other expenses incurred by accepting a Prize are the sole responsibility of the Eligible Member. Prizes are non-transferable and non-assignable, with no cash redemptions except at the Miami Marlins’ sole and absolute discretion. The Miami Marlins reserve the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION AND LODGING NOT INCLUDED. Use of any Major League Baseball (“MLB”) game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see marlins.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the Prize description, exact game/event/exhibition date shall be determined in the sole discretion of the Miami Marlins. Any and all MLB game, event and exhibition dates and/or times are determined in the sole discretion of the BOC and/or the Miami Marlins, as applicable, and may be subject to change. Eligible Member’s guest(s) must be of legal age of majority in their jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. The terms and conditions of any tickets awarded as a Prize will govern in the event a game, event or exhibition, as defined by MLB, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance, epidemic, pandemic, work stoppage (including but not limited to strike, lockout, or labor dispute) or any other reason. Eligible Member and their guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with a Prize. The Miami Marlins and the applicable MLB Entities reserve the right to remove or to deny entry to the Eligible Member and/or their guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Participation in a Prize event is subject to Eligible Member’s (and their guest(s)) consent to and compliance with all health and safety policies of the MLB Entities. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, epidemic, pandemic, work stoppage (including but not limited to strike, lockout, or labor dispute) or any other natural disaster outside their control that may cause the cancellation or postponement of any MLB game, event or exhibition. Any MLB game, event and exhibition tickets awarded as a Prize may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event, or exhibition tickets. The awarding of Prizes is void where prohibited by law. Eligible Members are bound by the Terms and Conditions by participating in the Program and Potential Referrals are bound by the Terms and Conditions by submitting a Submission; the Miami Marlins reserve the right to modify or amend at any time the Terms and Conditions and to disqualify any Eligible Member from participating in the Program at any time at its sole discretion, including, without limitation, if the Eligible Member and/or Potential Referral does not comply with any of the Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by the Miami Marlins and/or MLB).

IMAGE RELEASE: By participating in the Program and/or accepting a Prize, Eligible Members accept all Prize conditions and grant to the Miami Marlins and its designees the right to use and/or publicize such Eligible Member’s name, photograph, voice, and/or other likeness, biographical and/or prize information in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification, or permission, except to the extent prohibited by law.

INTERRUPTION OF SERVICE: The Released Parties (as defined herein) are not responsible for any interruption in service, errors, and/or omissions to the Program, whether caused by the Miami Marlins or otherwise. The Released Parties do not guarantee continual, uninterrupted, or error-free service or use of the Website. Eligible Members acknowledge that the Program is conducted electronically and rely on hardware and software that may malfunction without warning. The Miami Marlins, in its sole discretion, may void any Submission, temporarily suspend Submissions, and/or revoke and re-award any Prize that was affected by any malfunction.

TERMINATION OF PROGRAM: The Miami Marlins reserve the right to alter or terminate this Program, at any time for any reason, in its sole discretion. The decisions of the Miami Marlins with respect to the Program are final.

PRIVACY; EMAIL NOTIFICATIONS; MARKETING: Eligible Members may participate in the Program made available by the Miami Marlins to refer Potential Referrals to the Miami Marlins as potential Marlins Members in order to receive Prizes. To do this, Eligible Members and/or Potential Referrals must necessarily submit personal information about themselves, such as name and e-mail address information, so that Marlins Membership Experience Executives can send communications to Eligible Members or Potential Referrals on an Eligible Member’s behalf. For more information on how the Miami Marlins gather and use personal information, please go to: www.marlins.com/privacypolicy. The Miami Marlins will not contact Potential Referrals unless and until the Miami Marlins receive explicit permission from the Potential Referral to do so through a Potential Referral’s completed form on the Website. The Miami Marlins may use email to notify Eligible Members and/or Potential Referrals about the Program and other Miami Marlins’ promotions. Eligible Members and/or Potential Referrals are responsible for keeping their email information current. The Released Parties are not responsible for any email notifications that are bounced back or misdirected. Eligible Members and/or Potential Referrals may discontinue receiving future emails by forwarding any received email to a Miami Marlins Membership Experience Executive and requesting removal from the Miami Marlins’ electronic mailing list. Eligible Members and/or Potential Referrals may also elect to receive commercial emails and/or text messages from MLB.com and Marlins.com and can opt out of receiving such commercial emails and/or text messages at any time without affecting their eligibility to participate in the Program and/or submit a Submission; provided, however, the Released Parties are not responsible for Prizes or benefits that are not communicated because of an Eligible Member’s and/or Potential Referral’s opt-out status or for an Eligible Member and/or Potential Referral not receiving a particular message. By participating in the Program and/or submitting a Submission, Eligible Members and/or Potential Referrals agree to receive advertising, marketing materials, and other communications from the Miami Marlins by email and regular mail.

WEBSITE USAGE: Eligible Members and/or Potential Referrals shall not copy, reproduce, alter, modify, create derivative works from, or publicly display any content from the Website without prior, express written permission of the Miami Marlins. Nothing in the Program grants any user any right to use, transmit, distribute, or display the name, trademarks, service marks, logos, copyrights, or other intellectual property of the Miami Marlins or any of the MLB Entities (as defined herein) in any medium whatsoever. No legal advice is intended or implied by anything contained within the Website. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed on the Released Parties by maintaining the Website.
The Miami Marlins reserve the right to disqualify or prohibit any person from participating in the Program and/or receiving a Prize if the Miami Marlins determine, in its sole discretion, that an Eligible Member is attempting undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrals or representatives of the Miami Marlins. Entries generated by a script, macro, or other mechanical or automated means will be disqualified.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE MIAMI MARLINS WILL DISQUALIFY ANY PERSON RESPONSIBLE FOR THE ATTEMPT, AND THE MIAMI MARLINS, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROGRAM, ELIGIBLE MEMBERS AND POTENTIAL REFERRALS AGREE THAT THE MIAMI MARLINS, MARLINS FUNDING LLC, MARLINS HOLDINGS LLC, MARLINS STADIUM OPERATOR, LLC, MARLINS STADIUM DEVELOPER, LLC, MIAMI MARLINS FOUNDATION, INC., THE MLB ENTITIES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, TRUSTEES, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ASSIGNEES, LICENSEES, SPONSORS, OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY, ELIGIBLE MEMBERS AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNATIVE, OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, OR PARTICIPATING IN THE PROGRAM. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ELIGIBLE MEMBERS FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THEIR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, EPIDEMIC, PANDEMIC, WORK STOPPAGE (INCLUDING BUT NOT LIMITED TO STRIKE, LOCKOUT, OR WORK STOPPAGE), TERRORISM (OR THREAT THEREOF), OR ANY ACT, OMISSION, OR NEGLIGENCE BY A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF AN ELIGIBLE MEMBER’S PARTICIPATION IN THE PROGRAM. For purposes of the Terms and Conditions, the “MLB Entities” shall mean MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees, and Councils, the Major League Baseball Clubs (“Clubs”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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 Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, agents, representatives, and contractors of the foregoing entities.

INDEMNIFICATION: Eligible Members and Potential Referrals accept responsibility for and agree 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 reasonable attorneys’ fees and expenses) related to, arising from, or associated with their participation in the Program.

GOVERNING LAW; NO WAIVER; COMPLETE AGREEMENT: The Program is subject to all applicable federal, state, and local laws and regulations. Prizes are offered in good faith, however, they may not be available if prohibited or restricted by applicable law or regulation. 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 Florida applicable to contracts entered into and to be performed entirely within the State of Florida. If any provision of the Program and/or the Terms and Conditions 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 Terms and Conditions shall not be deemed a waiver of any rights or remedies that the Released Parties may have against any party, including the right to act with respect to subsequent breaches of the Terms and Conditions. The Terms and Conditions set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.

ARBITRATION: As a condition of participating in the Program and/or submitting a Submission, each Eligible Member and Potential Referral agrees that: (i) any and all disputes, claims, controversies or causes of action arising out of or relating to the Program, or any Prizes awarded (each, a "Claim"), shall be (1) 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 (2) settled by binding arbitration in Miami, Florida 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; and (ii) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the State of Florida, U.S.A, applicable to contracts entered into and performed exclusively in that State.

WINNER LIST: For the Grand Prize winners’ names, mail a request and self-addressed stamped envelope to be received no later than ninety (90) days after the Program End Date to: Miami Marlins Ticket Referrals Program Winners List c/o Marlins Teamco LLC, 501 Marlins Way, Miami, FL 33125.

PROGRAM ADMINISTRATION: The Program is issued and administered by Marlins Teamco LLC, 501 Marlins Way, Miami, FL 33125. This Program is designed to increase consumer awareness of and interest in Major League Baseball. This Program may not be used for, or in connection with, any form of gambling. All entry data provided via the Website is provided to the Miami Marlins and/or MLB.

If you have any questions or need assistance, please contact your Miami Marlins Membership Experience Executive.