Tribe Rewards Program
PROGRAM ADMINISTRATION AND DISCLOSURE:
The Program is issued and administered by the Cleveland Indians. The Program is in no way related to or integrated with the MLB.com Rewards Program and Points earned through the Program may not be redeemed for benefits or rewards in the MLB.com Rewards Program.
Subject to the restrictions set forth in the Terms and Conditions, the Program is available for all full season, forty (40) game plan, and twenty (20) game plan Cleveland Indians Season Ticket Holders who are 18 years of age or older (“Eligible Members”). Single game, voucher plan, pro-rated plan, suite holder, and other Cleveland Indians ticket purchasers are not eligible for the Program. In addition, ticket brokers are not eligible for the Program. The Cleveland Indians reserve the right to disqualify or exclude any other person from the Program, and all questions or disputes regarding eligibility will be resolved by the Cleveland Indians in its sole discretion.
MEMBER BENEFITS/REWARD REDEMPTION:
Eligible Members will accumulate points (“Points”) in their program account (“Account”) based upon making qualifying purchases according to a Program point system (“Point System”) provided by the Cleveland Indians. The current Point System can be accessed by Indians.com/triberewards. Eligible Members may redeem Points for Cleveland Indians experiences, merchandise, memorabilia, tickets, and other things of value (“Rewards”) through an online auction format (“Auction”). Program Points have no cash value and are not transferable or assignable. Eligible Members must remain a Cleveland Indians Season Ticket Holder and remain enrolled in the Program to be eligible to earn Points and redeem Points for Rewards. Points will appear in the Eligible Member’s Account and be eligible for redemption within two weeks of the qualifying purchase. If an Eligible Member opts out of the Program, all accumulated and unredeemed Points in his/her Account will be removed from the Account. If an Eligible Member later opts back in to the Program, Points will not be awarded for qualifying purchases made while he/she was opted out of the Program. All transactions in the Program are subject to review and adjustment by the Cleveland Indians, and the Cleveland Indians reserve the right to amend, suspend, terminate, or change the Program at any time without notice, including but not limited to modifying Point values; changing the Point System; adding or deleting partners; withdrawing, limiting, modifying or cancelling any Rewards; changing the eligibility requirements and/or delaying, postponing, rescheduling or cancelling Auctions. Eligible Members do not acquire property rights in accrued Points or Rewards. Points and Rewards may not be resold by any means, electronic or otherwise. Eligible Members are responsible for all income and other tax liability from participation in the Program or the receipt of benefits under the Program. The Cleveland Indians reserve the right to revoke and not honor any Points or Rewards that have been resold. The awarding of Rewards is void where prohibited by law.
Eligible Members, who redeem or attempt to redeem their Points through the Auction on the Website (“Bidders”), agree to be bound by the Terms and Conditions. Eligible Members are responsible for reviewing and complying with the Terms and Conditions (including any changes thereto) prior to redemption of any Points for Rewards.
The descriptions of Rewards appearing in the Auction and in advertisements are believed to be correct. Nevertheless, those descriptions do not constitute a warranty either express or implied.
2. WITHDRAWAL AND ADJUSTMENT OF ITEMS:
From time to time, it may become necessary to withdraw items from an Auction after they are listed. The Cleveland Indians reserve the right to do so at any time before or during the Auction. The Cleveland Indians reserve the right to reject any and all bids in its sole discretion. No adjustment will be made after the Auction has ended and/or Reward has been awarded.
3. BID IS A CONTRACT:
Bidders that place a bid in an Auction enter into a binding contract with the Cleveland Indians. Once the Auction has ended and a winning bid (“Winning Bid”) is designated (as set forth below), the Cleveland Indians have full authority to deduct Points equal to the Winning Bid from the Winning Bidder’s Account.
4. BIDDING PROCESS:
The Winning Bid shall be designated at the close of bidding for each Reward, and shall be designated at the sole discretion of the Cleveland Indians. No Points will be deducted from any Account until after the Auction is closed for a given Reward. Eligible Members may not place a bid in an amount greater than the number of Points they have accumulated and unredeemed in their Account.
5. WINNING BID:
The Bidder whose bid is designated as the Winning Bid (“Winning Bidder”) will receive a statement via electronic mail after the close of the Auction, notifying the Winning Bidder of the item(s) he/she has been awarded and the Winning Bid amount(s). Points will be deducted from the Account of the Winning Bidder immediately upon close of any Auction. Winning Bidders agree to abide by the Terms and Conditions and all other Cleveland Indians policies and procedures that coincide with receiving a Reward.
6. INTERRUPTION OF SERVICE:
The Released Parties (defined below) are not responsible for any interruption in service, errors, and/or omissions to the Auction or Program, whether caused by the Cleveland Indians or otherwise. The Released Parties do not guarantee continual, uninterrupted or error free service or use of the Website during the Auction. Bidders acknowledge that Auctions are conducted electronically and rely on hardware and software that may malfunction without warning. The Cleveland Indians, in its sole discretion, may void any Auction, temporarily suspend bidding and resell any Reward item(s) that were affected by any malfunction.
7. TERMINATION OF AUCTION:
The Cleveland Indians reserve the right to alter or terminate any Auction, at any time for any reason, at its sole discretion. The decisions of the Cleveland Indians with respect to the Auction are final.
The Cleveland Indians may gather information about Eligible Members. The Cleveland Indians will not convey any information about Eligible Members gathered from this Program to any third party. For more information on how the Cleveland Indians gather and use personal information, please go to: http://mlb.mlb.com/cle/help/cle_help_about_privacy.jsp.The Cleveland Indians use email to notify Eligible Members about Auctions and other Cleveland Indians promotions. Eligible Members are responsible for keeping their email information current. The Released Parties are not responsible for any electronic notifications that are bounced back or misdirected. Eligible Members may discontinue receiving future email by forwarding any received email to the Cleveland Indians at firstname.lastname@example.org requesting removal from the Cleveland Indians electronic mailing list. Eligible Members may also elect to receive commercial emails and/or texts from MLB.com and Indians.com and can opt-out of receiving such commercial emails and/or texts at any time without affecting eligibility, Points or Rewards; however, the Released Parties are not responsible for Rewards or benefits that are not communicated because of an Eligible Member’s opt-out status or for an Eligible Member not receiving a particular message. By enrolling in the Program, Eligible Members agree to receive advertising, marketing materials and other communications from the Cleveland Indians by mail.
Eligible Members 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 Cleveland Indians. 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 properties of the Cleveland Indians or the MLB Entities 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.
LIMITATION OF LIABILITY:
BY ENTERING INTO THE PROGRAM OR REDEEMING POINTS FOR A REWARD, ELIGIBLE MEMBERS AGREE THAT THE CLEVELAND INDIANS, THE MLB ENTITIES (DEFINED BELOW) AND EACH OF THEIR RESPECTIVE PARENTS COMPANIES, TRUSTEES, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ASIGNEES, LICENSEES, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL 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 OR 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 REWARD, OR PARTICIPATING IN THE PROGRAM. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD 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, TERRORISM, OR ANY ACT OR OMISSION OF 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. (“MLBAM”), 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 and agents of the foregoing entities.
Eligible Members 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 local laws and regulations. Rewards are offered in good faith, however they may not be available if prohibited or restricted by applicable law or regulations in the United States of America. 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 Ohio applicable to contracts entered into and to be performed entirely within the State of Ohio. 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.
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