Mets Connect Loyalty Program Terms and Conditions

Welcome to the Mets Connect Loyalty Program (the “Program”) offered by Sterling Mets, L.P. (the “Mets”). By participating in the Program, each Participant agrees to these Terms and Conditions, and the rules, regulations, policies, and procedures of the Mets (as may be amended from time to time, the “Terms”), the Mets Terms of Use (as amended by these Terms), and Privacy Policy. Please read them carefully.

Please note that Section 13 of these Terms requires Participants to arbitrate claims they may have against the Mets that are related to this Program, which means that Participants cannot bring claims against the Mets in court, and each Participant confirms their agreement to a class action waiver in arbitration.

1. Who is Eligible

The Program is available to individuals who are legal residents of the United States (including its commonwealths, territories, and possessions) and Canada (excluding the Province of Quebec) and are at least eighteen (18) years old who create an account by following the steps set forth in Section 2 (How to Register) below (each, a “Participant” and collectively, the “Participants”). The Mets reserve the right to request proof of eligibility at any time. Employees, directors, and officers of the Mets and the employees, directors, and officers of its affiliated, subsidiary, and parent companies may participate in the Program (in whole or in part) but may not be eligible to earn or win Rewards, as determined by the Mets in its sole discretion.

2. How to Register

Participants can register for the Program by visiting www.metsconnect.com (the “Website”) or downloading the MLB Ballpark app (the “App”) and following the instructions to create a Program account (the “Account”). Participants who have already downloaded the MLB Ballpark app can create their Account by visiting the Program page in the App and agreeing to these Terms. There is a limit of one (1) Account per person. Accounts cannot be shared or transferred.

Each Participant is responsible for maintaining the security of their Account, and is responsible for all activities that occur under the Account. If a Participant believes that their Account has been compromised at any time, such Participant must notify the Mets immediately by sending an email to [email protected].

3. Digital Program Membership Card

After a Participant is enrolled in the Program, the Mets will issue each Participant a Program membership card (the “Membership Card”). The Mets will issue the Membership Card digitally, and Participants can access their Membership Card via the App.

4. How to Earn Points

Participants can earn points by:

1. Enrolling in the Program
2. Purchasing eligible single game ticket(s) to a Mets home game at Citi Field via Mets.com
3. Scanning eligible digital ticket(s) for entry to a Mets home game at Citi Field
4. Purchasing eligible merchandise at any Mets team store located at Citi Field, excluding purchases from the Amazin’ Memorabilia store at Citi Field
5. Purchasing eligible food and/or beverages at Citi Field concession stands and clubs (excluding any food and beverage purchases made at Pat LaFrieda’s Chop House, The K Korner or via mobile ordering)
6. Participating in games in the App or on the Website
7. Winning games in App or on the Website
8. Completing tasks, challenges, and other games that the Mets or their partners may from time to time make available in App, on the Website, at the ballpark, or on television broadcasts

*Tickets must be purchased via Mets.com to qualify for Participant to earn 100 points per ticket purchased. Participant will not be able to earn points on ticket purchases on the secondary market (i.e., via ticket brokers or ticket resellers) or via phone or walk-up. Participants may earn points on eligible post-season ticket purchases. Points for eligible post-season ticket purchases will appear in Participant’s Account approximately three (3) days after the applicable post-season game is played or sooner if determined by Mets in its sole discretion.

**Points will be calculated based off the face value of the ticket purchased from Mets.com, excluding any and all fees. Participant will be able to earn points on tickets purchased on the secondary market (i.e., via ticket brokers or ticket resellers) if those tickets are digital and scanned for entry to a New York Mets game at Citi Field. If a game is cancelled and rescheduled for a later date, Participant will earn points based on the face value of the ticket to the originally scheduled game, even if they redeem a voucher for a replacement game. Participant will not earn points on tickets that are transferred from Participant’s account and scanned for entry to a New York Mets game at Citi Field.

***Participants will not be eligible to earn points on food and/or beverages purchased at any dine-in restaurants, including (without limitation) Pat LaFrieda’s Chop House, The K Korner, or food and/or beverages purchased via mobile ordering, or events/suite catering food and/or beverage purchases.

****Participants will not be eligible to earn points on merchandise purchased online. The Mets reserve the right to revoke points if merchandise is returned.

All merchandise purchased at the Amazin’ Memorabilia store is excluded.

To earn points for eligible food and beverage purchases and merchandise purchases, Participants must scan their Membership Card at the point of sale before paying for their purchase. Participants will not earn points on eligible food and beverage purchases and merchandise purchases unless they scan their membership card at the point of sale.

Games and challenges/badges will be available in the App and/or Website. Participants must follow the instructions set forth in the App and/or Website in order to participate.

Points will not be earned on tax, tip, or charity round-up on any purchase.

The Mets will endeavor to add all points to a Participant’s Account approximately three (3) days after the points are earned. Participants are responsible for ensuring that the point balance in their Account is correct. Participants can check their point Balance by visiting the Program section of the App. If any Participant believes that they did not receive points or that there is an error with their Account, the Participant should contact the Mets by email at [email protected] no later than ten (10) business days following the date such Participant expected to earn the points or noticed (or should have noticed) the Account error, as determined by the Mets in its sole discretion. The Mets will investigate any issues and will endeavor to promptly rectify any errors; provided, that the Mets’ good faith determination of the amount of points a Participant should have earned will be final and binding. Requests to audit Participant points or rectify Account errors received after the notice period will not be considered.

5. Tier Benefits

The Mets will set certain points tiers (i.e., Prospect, Rookie, All-Star, MVP, Hall of Famer) which may unlock additional discounts and/or benefits (each, a “Tier Benefit”). Participants can view their current points tier, and any available Tier Benefit, by visiting the Program page on the App. Participants can only redeem Tier Benefits once available and may not redeem a Tier Benefit more than once. The Mets will determine the total number of points needed to reach each points tier and the Tier Benefits associated with each points tier in its sole discretion. Tiers indicate your total accrued points status in the Program. Once a Participant reaches a points tier, that Participant will remain at that points tier regardless of point redemption. If tickets to Mets home games at Citi Field are awarded by the Mets in connection with reaching a points tier, then Participant agrees to abide by the additional terms and conditions with respect to such ticket, as set forth in Section 6 (How to Redeem Points, Tickets) below. The Mets can add or remove the points tiers or Tier Benefits or change the total points needed to reach a points tier at any time in its sole discretion, without notice to Participant.

6. How to Redeem Points

Reward Store: Participants can redeem points for rewards (each, a “Rewards”) by visiting the Program reward store (the “Reward Store”) on the Website or in the Program section of the App. Rewards may include merchandise (e.g., Mets hat, shirts, jerseys, etc.), Mets tickets, Experiences (defined below), or entry into select sweepstakes. A description of each Reward will be posted on the Website or in the Program section of the App. The number of points required to obtain each Reward will vary based on the Reward. All Rewards available in the Reward Store will be determined by the Mets in its sole discretion.

Merchandise: Participants may redeem points in the Reward Store to obtain select merchandise or items. Once redeemed, these Rewards will be available for pickup at select Mets home games at a location to be determined by the Mets. The Reward redemption location will be included in the Reward description on the Website or in the Program section of the App. Participants will be able to redeem these Reward while supplies last, and not all items initially available for redemption are guaranteed to be available at all times. Merchandise obtained from the Reward Store may not be returned or exchanged for cash, points, or other Rewards.

Tickets: Participants may also redeem points for tickets to select seats at certain Mets home games via the Reward Store. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mets.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the applicable Reward description, exact game/event/exhibition date shall be determined in the sole discretion of the Mets. If Participants are eligible to bring a guest, each Participant’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any Reward will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each Participant and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the Reward; see mets.com/ballpark for details. The Mets and the MLB Entities reserve the right to remove or to deny entry to any Participant and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as Rewards cannot be bartered, exchanged, or redeemed for cash; resold; offered for resale; or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Reward forfeiture, and may invalidate the license granted by the game/event/exhibition ticket.

Experiences: Participants may redeem points to RSVP for select events and experiences (each an “Experience” and collectively, “Experiences”). A description of each Experience will be posted on the Website and in the Program section of the App. The number of points required to RSVP for Experiences will vary based on each Experience and will be automatically deducted from Participant’s Account at the time of redemption. Experience redemptions may not be returned or exchanged for cash, points, or other Rewards, and points will not be re-applied to an Account if the Participant fails to attend the Experience. Experiences may be virtual and in-person, hosted by the Mets at Citi Field and other venues. Each of these Experiences may be subject to its own terms and conditions and Participants may be required to sign waivers and releases in favor of the Mets and the Released Parties as a condition precedent to participating in any Experience. All Experiences are non-transferrable and will be available for redemption while supply lasts. An Experience may be cancelled at the Mets sole discretion. If an Experience is cancelled, any points spent by Participant to RSVP for the Experience will be refunded to such Participant’s Account.

Sweepstakes: Participants may redeem points to enter into online sweepstakes (“Sweepstakes”) for a chance to win select merchandise or the ability to participate in select activities. The Mets will not refund points spent by Participants for non-winning entries. Each Sweepstakes will be subject to additional terms and conditions, which will be provided to Participant prior to entry. Participants must agree to such additional terms and conditions as a condition precedent to entry into such Sweepstakes.

Points cannot be combined with points in other Accounts to redeem for Rewards. Points will be automatically deducted from the points balance in Participant’s Account upon redemption. Once points are redeemed by Participant, the transaction cannot be reversed. Participants will not be entitled to a refund of their points, unless otherwise provided in these Terms. Rewards are intended for personal use only and cannot be resold or used for commercial or promotional use. Any use of a Reward in violation of these Terms may result in the termination of a Participant’s Account.

7. Expiration of Points

Points do not expire unless the Mets terminate or modify this Program by updating these Terms.

8. Modifications and Termination

The Mets reserve the right to modify any of the terms and conditions governing the Program at any time, including (but not limited to) the ways to earn points, the number of points Participants can earn, the rules for redeeming points, the items for which Participants can redeem points and the corresponding point values, and the expiration of points, with or without notice, even though these changes may affect a Participant’s ability to receive, earn or redeem points. Unless the Mets provide otherwise, modifications are effective immediately upon posting of the updated Terms. The Mets also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. The Mets will notify each Participant in the event it terminates the Program.

Each Participant’s continued participation in the Program constitutes their acceptance of any changes the Mets make to these Terms. Each Participant is responsible for remaining knowledgeable about any changes the Mets may make to these Terms. The most current version of the Terms will be available on www.metsconnect.com and will supersede all previous versions of the Terms.

Any Participant may terminate their Account if they do not agree with any change the Mets make to the Program or if they decide that they no longer wish to participate in the Program. Participants may terminate their Account by following the instructions below in Section 9 (How to Opt Out). Participants will not be able to use any of the points or other benefit earned if they terminate their Account.

9. How to Opt Out

Participation in the Program is voluntary and Participants may withdraw from the Program at any time. If a Participant no longer wishes to participate in the Program, such Participant should email [email protected] and include “Opt Out Request” as the subject of the email. If a Participant opts out, such Participant will forfeit all of the points, Rewards and Tier Benefits in their Account.

10. General Terms

If the Mets suspect that a Participant has failed to comply with or is violating these Terms, no longer meets the eligibility requirements, is making purchases for a business or for resale or is otherwise using their Account for commercial purposes, is manipulating the Program, or is otherwise acting in a manner inconsistent with the Program’s intent, in each case, as determined by the Mets in its sole discretion, then the Mets reserve the right to terminate such Participant’s Account, prohibit such Participant from participating in the Program, and/or take appropriate legal action. For the avoidance of doubt, ticket re-sellers and ticket brokers are not eligible to participate in the Program. The Mets shall determine, in its sole discretion, whether a Participant is a ticket re-seller or ticket broker and whether such Participant is not eligible to participate in the Program and/or whether to terminate such Participant’s Account. If a Participant is disqualified or if such Participant’s Account is terminated, such Participant will not be able to use their points or other earned benefits and will forfeit any unredeemed points and benefits. The Mets also reserve the right to prevent such Participant from participating in any Reward previously awarded to the Participant.

By participating in the Program, Participants agree to receive email messages or push notifications about the Program. If the Mets need to communicate with a Participant about the Program, a message will be sent to the email address associated with the Account. If the email address changes after registering for the Program, the Participant is responsible for promptly updating the Account.

Points have no cash value, are issued for promotional purposes only, are non-transferable, cannot be bartered, exchanged, or redeemed for cash, do not constitute your property, may not be combined with points in other Accounts, and may not be transferred or assigned to any other person, entity, trust, or estate.

11. Indemnification; Limitation of Liability; Likeness Release

By participating in the Program, each Participant agrees to release and hold the Mets, Queens Ballpark Company, L.L.C., Sterling Mets Operations, L.L.C., Sterling Mets Front Office, L.L.C., CF Hospitality, L.L.C., Amazin’ Mets Foundation, Inc., the MLB Entities, and each of their respective parent, subsidiary, and affiliated entities, and each of their respective shareholders, officers, directors, employees, and agents, and their service providers and contractors (collectively, the “Released Parties”) harmless from and against any and all claims, losses, costs, expenses, arbitration awards, settlements, or causes of action arising out of, in connection with, or resulting from Participant’s participation in the Program, including, but not limited to Participant’s participation in any Experience; death, injury, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Program or receipt or use of any Reward; technical errors that may prevent such Participant from participating in the Program, earning points, or redeeming points. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, Tickets.com, LLC, 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 and agents of the foregoing entities.

Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Participant further agrees that in any cause of action, the Released Parties’ aggregate liability for all claims will not exceed twenty-five United States dollars (U.S. $25.00).

Where permitted by applicable law, Participant agrees to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

By participating in the Program, Participant gives the Mets their express permission to publicize Participant’s Account name or name, Reward information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

12. Disclaimer

The Program and any Rewards are provided “as-is” and “as-available”. The Released Parties make no warranties, express or implied, with respect to the Program or any Reward and the Released Parties expressly disclaim all other warranties, express or implied, including (without limitation) any warranties of merchantability or fitness for a particular purpose, with respect to the Program and any Reward.

13. Mandatory Arbitration Agreement and Class Action Waiver

SET FORTH BELOW IS THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER FOR DISPUTES IN CONNECTION WITH THE PROGRAM (“Arbitration Agreement”).

If any Participant has any problem in connection with the Program, such Participant should first contact the Mets at [email protected] to attempt to resolve the matter quickly and amicably. Any dispute not resolved informally in such a manner must be resolved in accordance with this Arbitration Agreement.

Unless prohibited by federal law, each Participant and the Mets agree to arbitrate, through binding arbitration, the following in accordance with this Arbitration Agreement (collectively, “Arbitration Claims”): (a) all claims or disputes relating in any way to (i) the Program, (ii) the Terms, (iii) Participant’s use of or participation in any Reward, including (without limitation) any claims of bodily injury, death, or property damage arising out of Participant’s participation in the Program or use of or participation in any Reward awarded in connection with the Program, and (iv) the validity, scope or enforceability of this Arbitration Agreement, and (b) any and all claims against any of the Released Parties; provided, however, Arbitration Claims may not include claims arising out of any other written agreement executed by Participant and the Mets. This Arbitration Agreement involves interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. ch. 1 (“FAA”), and not by state law.

In connection with any Arbitration Claim to be resolved by arbitration hereunder, neither Participant nor the Mets will be able to have a court or jury trial decide any such Arbitration Claims or participate in a class action or class arbitration relating to such Arbitration Claims. Other rights that Participant and the Mets would have in court will not be available or will be more limited in arbitration, including the right to appeal. Participant and the Mets each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND ALL DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.

Arbitrations subject to this Arbitration Agreement will be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Participant may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling (800) 352-5267 or visiting www.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 Section 5 of the FAA. The arbitration will take place in New York, New York. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, will govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Participant and the Mets alone, except as otherwise specifically stated herein. The arbitrator will award the costs and fees of the arbitration, including reasonable attorney and expert witness fees, to the prevailing party. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision will be final and binding. This Arbitration Agreement will take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

Notwithstanding any other provision herein, Participant and the Mets may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Participant and the Mets 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 contained herein, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this 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 this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Program or the Terms and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

Prior to bringing a claim under the Arbitration Agreement, the party seeking to bring the claim (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 thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the Mets shall be sent by mail to: New York Mets, Attn: Legal Department, Re: Mets Loyalty Program Claim Notice, 41 Seaver Way, Flushing, New York 11368. 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.

Notwithstanding the foregoing, in the event the dispute involves: (i) Participant’s failure to pay any amounts due and/or (ii) 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, the Mets, at its sole option, shall be relieved from this Arbitration Agreement and may immediately proceed with any legal action, suit or proceeding in the State Courts of New York located, in the Mets’ discretion, in Queens County or New York County. 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 the Mets are forced to proceed under the immediately preceding paragraph 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 the Mets has represented, expressly or otherwise, that the Mets 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 the Mets to enter into this agreement by, among other things, its waiver of a trial by jury and the certifications contained in the foregoing clauses (i), (ii) and (iii).

EACH PARTICIPANT HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT SUCH PARTICIPANT MUST EXERCISE THIS RIGHT PROMPTLY. If a Participant does not wish to be bound by the Arbitration Agreement, such Participant must notify the Mets by mailing a written opt-out notice, postmarked within seven (7) days after Participant acknowledges acceptance of and agrees to be bound by the provisions of the Terms, but not this Arbitration Agreement. The applicable Participant must send the request to: New York Mets, Attn: Legal Department, Re: Arbitration – Mets Loyalty Program, 41 Seaver Way, Flushing, New York 11368. The request must include Participant’s full name, address, account number, and the statement “I reject the Arbitration Agreement accompanying the Mets Loyalty Program Terms and Conditions.” If Participant exercises the right to reject arbitration, the terms and conditions contained herein, other than this Arbitration Agreement, shall remain in full force and effect.

PARTICIPANT IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY(IES) AS THEIR PARENT OR GUARDIAN OR AS THEIR AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN). IF PARTICIPANT DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY, PARTICIPANT SHOULD IMMEDIATELY NOTIFY THE METS.

Except as necessary in connection with a judicial challenge to or enforcement of an arbitration award, or unless otherwise required by law or judicial decision, Participant and the Mets agree that the arbitration procedure will be confidential. All conduct, statements, promises, offers, views and opinions, oral or written, expressed during the arbitration by any party or a party’s agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged and the existence and the results of the arbitration will be maintained by the parties and their respective agents, employees, professionals and attorneys as confidential at all times.

14. Choice of Law and Venue

These Terms shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. Subject to the Arbitration Agreement above, the Mets and each Participant irrevocably agrees that any legal action, suit or proceeding against them arising out of or in connection with the Program or these Terms or disputes relating hereto (whether for breach of contract, tortious conduct or otherwise) shall be brought exclusively in the state or federal courts in the county of Queens or the county of New York in the State of New York and the Mets and each Participant hereby irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforesaid courts in personam, with respect to any such action, suit or proceeding, and waives any claim that such forum or venue is inconvenient or any similar claim.

15. Questions?

If a Participant has any questions about the Program, please reference the Program FAQ. Otherwise, the Mets can be contacted via email at [email protected].