2020 Bucks Playoff Waitlist Terms and Conditions
1. Under the terms and conditions of this agreement (this “Agreement”), the name identified on the attached form (“Customer”) and Milwaukee Bucks, LLC (“TeamCo”), acknowledge and agree that Customer will receive certain priority and other benefits and incentives, as determined by TeamCo in its sole discretion, in exchange for making one (1) non-refundable payment (“Payment”) in order to receive early access to purchase tickets (“Playoff Tickets”) to Milwaukee Bucks (“Bucks”) (a member team of the National Basketball Association (“NBA”)) home games at Fiserv Forum (“Arena”) during the 2020 NBA Playoffs (“Playoff Home Games”).
2. Customer acknowledges and agrees that the Payment can only be used in one (1) of the following ways: (i) to be used towards the purchase of a full season ticket package for regular season Bucks games during the 2020-2021 NBA Season; (ii) to be used towards the purchase of a Playoff Tickets strip, which is defined as every Playoff Home Game during a single round of the 2020 NBA Playoffs; or (iii) if the Payment is not used in accordance with (i) or (ii) herein, the Payment shall automatically remain in Customer’s online account portal, available at www.bucks.com/member (“Customer’s Account”), in the form of a credit to be used by Customer at the Arena during the 2020 NBA Playoffs (“Credit”). The Credit may be used toward retail and food and beverage at the Arena, but shall not be used toward the purchase of single game Playoff Tickets, any other tickets to Bucks home games at the Arena, or any other event to be held at the Arena except with the prior express written consent of TeamCo, as determined by TeamCo in its sole discretion. Except as expressly set forth herein or with the prior express written consent of TeamCo, the Credit may not be redeemed for any other item, including cash.
3. Customer further acknowledges and agrees that (i) the Playoff Tickets shall be subject to availability and to additional terms and conditions to be presented at the time of purchase of the Playoff Tickets; (ii) neither TeamCo nor any of its affiliates has made any warranty, representation, covenant, or guarantee that Customer will receive a specific Playoff Home Game, fan experience, or a specific location at a Playoff Home Game in connection with the Payment; and (iii) the Payment is non-refundable, such that even if the Customer does not apply the Payment in full in the manner described in Paragraph 2 above on or before the conclusion of the 2020 NBA Playoffs, TeamCo shall have the right to retain the Payment, or the remainder of the unused Payment, as the case may be, as liquidated damages to compensate the Bucks for expenses and losses caused by such non-use.
4. Each Playoff Ticket is owned by TeamCo, and, as a revocable license issued to Customer, enables Customer, and/or Customer’s guest(s), to enter the premises of the Arena on the day of the Playoff Home Game and occupy the seat location shown on the Playoff Ticket for that Playoff Home Game. TeamCo retains the right at any time to revoke or cancel any Playoff Tickets for any reason or no reason whatsoever by refunding the actual amounts paid for such Playoff Tickets, but not the Payment. The rights and obligations of Customer hereunder are not assignable or transferable without the prior express written consent of TeamCo. All holders of Playoff Tickets shall also be subject to the terms and conditions of each individual game ticket purchased as part of the Playoff Tickets, as well as the Milwaukee Bucks Ticket Purchase Terms and Conditions, available at https://www.nba.com/bucks/tickets/purchase-terms-and-conditions. Customer acknowledges and agrees that he/she has full power and authority to make the commitment and Payment referenced on the payment form and as described herein.
5. The sale or resale of Playoff Tickets by unauthorized means is prohibited and violation of this policy may result in the cancellation or revocation of unused or unissued Playoff Tickets. Playoff Tickets may not be resold without the prior express written consent of TeamCo. In addition, Playoff Tickets may not be used for advertising, promotion (including contests or sweepstakes), or other trade purposes without the prior express written consent of TeamCo.
6. The Bucks, TeamCo, and the NBA reserve the right in their sole discretion to amend, update, or modify policies and procedures relative to Playoff Tickets, and such information may be posted on www.nba.com/bucks from time to time. This Agreement is subject to the Constitution and By-Laws and all rules, regulations, and licenses of the NBA (collectively, “NBA Rules”) as they presently exist or as they may, from time to time, be entered into, amended, or adopted. Customer acknowledges that TeamCo has not made any representations or warranties whatsoever regarding the Playoff Tickets other than as may be set forth herein, including, without limitation, any representation or warranty of condition, value, or expectation of value, merchantability, or fitness for a particular purpose, with respect to the Playoff Tickets or the Arena.
7. This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of Wisconsin without regard to its conflicts of law rules. The parties hereby agree that any claims or disputes regarding this Agreement shall be submitted to arbitration in the City of Milwaukee, Wisconsin under the rules of the American Arbitration Association.
8. If the Payment is to be paid by credit card(s), Customer agrees to “Automatic Initial Payment Authorization” (“APA”) thereby authorizing TeamCo to charge the credit card(s) listed to pay the amount listed on the payment form. The card(s) must have a valid expiration date for the duration of the APA process. All sales are final and non-refundable once the Payment is accepted by TeamCo. TeamCo reserves the right to assess a service charge of Fifteen Dollars ($15.00) on all declined transactions. If a credit card declines for any reason, Customer agrees that he/she will be responsible for paying any remaining balance as well as any declined transaction fee.
9. Customer shall indemnify, defend, and hold harmless TeamCo, Deer District LLC, Wisconsin Center District, Fiserv, Inc., their respective affiliates and each of their respective owners, officers, directors, employees, and agents (collectively, the “Indemnified Entities”), from and against all claims, demands, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, arising from Customer’s or Customer’s guest(s)’ use of Playoff Tickets, or the negligent acts or omissions of Customer or Customer’s guests. In no event shall any of the Indemnified Entities be liable for consequential or indirect damages.
10. This Agreement provides for the exclusive resolution of disputes through individual arbitration on Customer’s own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, Customer agrees that any arbitration against TeamCo or the Indemnified Entities shall be arbitrated by Customer individually and not as a member of any class or as part of a class or representative action, and Customer expressly agrees to waive any law entitling Customer to participate in a class action. If Customer’s claim is subject to arbitration under Paragraph 7 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Customer agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in Paragraph 7 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then, and only then, such claim shall not be subject to arbitration.