Gift Cards

AS OF FEBRUARY 2024

1. Terms and Conditions. The following Gift Card Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of gift cards that are sold or issued by Issuer (defined below) in the United States as described herein (each gift card individually, “Gift Card” or “Card” and collectively, “Gift Cards” or “Cards”). This Agreement is between you, the holder of a Gift Card (the “Cardholder” or “you”), and AZPB Limited Partnership, dba Arizona Diamondbacks (the “Issuer”). By purchasing, accepting or using your Card, you expressly agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use, or accept the Card.

IMPORTANT: This Agreement includes resolution of disputes by binding arbitration instead of in court. FURTHER, THESE TERMS CONTAIN A CLASS ACTION WAIVER THAT REQUIRES THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 15 FOR MORE DETAILS.

2. Overview. Issuer is a Major League Baseball team. Issuer has set up an account manager platform for you to sign up and manage your personal My D-backs Account to redeem account credit (“Account Credit”) towards eligible Arizona Diamondbacks home games at Chase Field (“My D-backs Account”).

3. About Gift Cards. The Gift Cards are issued by the Issuer. The Issuer is responsible for the operation and maintenance of the Gift Cards program. As between the Cardholders and the Issuer, the Issuer is the sole legal obligor to the Cardholders; provided, however, that the Issuer may assign its obligations with respect to the Gift Cards at any time to the extent permitted by applicable law, in which case such assignee shall become the sole legal obligor and you hereby knowingly release the Issuer from any and all liabilities and claims of any kind, nature or character whatsoever arising in connection with the Gift Cards. The Gift Cards are denominated in U.S. Dollars. The Gift Cards are neither debit cards nor credit cards and cannot be used as such.

4. Issuance of Gift Cards. Gift Cards may be purchased in your My D-backs Account. Gift Cards are not valid if purchased from any other seller. Gift Cards are redeemable Account Credit only through your My D-backs Account for the purchase of tickets for eligible Arizona Diamondbacks home games. Exclusions apply. Gift Cards may not be redeemed toward the purchase of tickets on any other ticketing platform for Arizona Diamondbacks games, nor used to purchase tickets for any other game or event at Chase Field. Further, Gift Cards may not be used to purchase other Gift Cards.

5. Redemption of Gift Cards.

a. Eligible Gift Card Recipients will receive an email notifying them that they have received a Gift Card (“Gift Card Email”). To accept and redeem the Gift Card, you should click on the redemption link in the Gift Card Email to visit the Gift Card redemption website and input the case sensitive redemption code, your name, and other information. If you do not have an existing My D-backs Account, you will need to create a My D-backs Account. Any Eligible Gift Card Recipients who already have an existing My D-backs Account may redeem Gift Cards for Account Credit by logging on to their My D-backs Account, where they will have the opportunity to redeem the Gift Card for Account Credits.

“Eligible Gift Card Recipient” means any individual resident of the United States or any U.S. territory, aged eighteen (18) or older (or the age of majority in your state or territory of residence), who does not have a My D-backs Account or who has a Local My D-backs Account. By using the My D-backs Account or calling an Issuer service agent, the Eligible Gift Card Recipient agrees with: (i) Arizona Diamondbacks Regular Season and Postseason Ticket Terms and Conditions (https://www.mlb.com/dbacks/tickets/terms-conditions) for purchases of single tickets; and (ii) acknowledges the collection and use of your data in accordance with the MLB Privacy Policy (https://www.mlb.com/official-information/privacy-policy) (“MLB Privacy Policy”), all of which are incorporated by reference herein. If there is a conflict between the Arizona Diamondbacks Terms and Conditions and the MLB Privacy Policy on the one hand, and this Agreement on the other, the terms and conditions of this Agreement shall govern.

b. If a Cardholder redeems a Gift Card, the Cardholder’s My D-backs Account will be credited Account Credits that are equal in value to the Gift Card. Account Credits may be applied to any purchases made on the My D-backs Account and any applicable fees and taxes until the Account Credits are fully exhausted. In the event that the remaining Account Credits corresponding with a Gift Card are insufficient to cover the cost of a purchase, an additional method of payment for the remaining balance will be due.

c. Once Gift Cards are redeemed for Account Credits, the Account Credits are subject to the terms and conditions for each Arizona Diamondbacks game that are posted on the dedicated web page accessible from https://www.mlb.com/dbacks/tickets/terms-conditions for your Arizona Diamondbacks game, and any materials and communications sent to you via any format (such materials and communications are collectively defined as “Local Terms”).

6. No Cash Redemption. The Gift Cards have no cash value and may not be redeemed for cash except as required by applicable law. Promotional offers, discounts and store credits cannot be applied to the purchase of Gift Cards, and purchases of Gift Cards cannot be used to satisfy promotional thresholds. Treat Gift Card like cash; the Issuer is not responsible for lost or stolen Gift Cards.

7. Activation. A Gift Card is not valid for use until it has been activated through the process described in Section 5.

8. Non-Payment. The Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

9. Gift Card Balance Inquiry. For Gift Card balance inquiries or any other questions, please log in to your My D-backs Account or call 1-805-265-0042 for SeasonShare support. The balance obtained by a Cardholder when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when a Cardholder makes a purchase, but there may be occasions when the balance adjustment is delayed.

10. No Expiration; No Fees. The Gift Cards do not expire. No inactivity, dormancy or service fees apply to any Gift Cards. Once the Gift Cards are redeemed for Account Credits, the terms and conditions of the Account Credits, including expiration date, if any, is subject to the Local Terms.

11. Refunds and Returns. The Gift Cards are not refundable except as required by applicable law.

12. No Resale. The Gift Cards may not be resold without the Issuer’s express written authorization. A Gift Card is not valid and will not be honored, and the Issuer will not be liable for the value of the Card, if the Gift Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.

13. Lost, Damaged or Stolen Gift Cards. A lost, damaged or stolen Gift Card [OR misdirected Gift Card Email] may be replaced only if the Cardholder provides the original proof of purchase receipt and the Gift Card’s redemption code. To request a replacement Gift Card, please email [email protected].The Issuer is not responsible for unauthorized use of any Gift Card.

14. Fraud. The Issuer reserves the right to refuse to honor a Gift Card if the Issuer suspects that a Gift Card was obtained fraudulently. Gift Cards are void if copied (other than for the purpose of making a back-up of your own Gift Card details), resold or otherwise obtained or used in violation of these terms. Further, use of Gift Cards for unauthorized advertising, marketing or other promotional purposes is strictly prohibited.

15. BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this Section 15 carefully. It affects legal rights that you may otherwise have and requires individual, final, and binding arbitration of most disputes instead of resolution in court.

a. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts. An arbitrator may award only the same damages and relief that a court could award under the law and must honor the terms and conditions of this Agreement.

b. You and the Issuer agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of the Gift Cards or this Agreement, including but not limited to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, or the arbitrability of any dispute (“Dispute”), shall be resolved in its entirety by individual binding arbitration. You and the Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and the Issuer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

c. This agreement to arbitrate shall survive termination of this Agreement and extends to any Disputes that you may assert against the Issuer’s affiliates. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

d. PROCEDURES FOR ASSERTING A CLAIM. In the event of a Dispute, you or the Issuer must first send to the other party a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to the Issuer at 401 E. Jefferson Street, Phoenix, AZ 85004, Attention: Legal Department. Any Notice of Dispute will be sent to you at the contact address that the Issuer or its affiliate has for you. You and the Issuer will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or the Issuer may commence arbitration or proceed in small claims court. You may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.

e. If you and the Issuer do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. Unless the parties agree otherwise, any arbitration shall take place in the County of Maricopa, State of Arizona and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). To begin an arbitration proceeding, you must serve the Issuer’s registered agent for service of process, Paracorp Incorporated at 2140 S. Dupont Highway, Camden DE, 19934.

f. Nothing herein shall be construed as consent by the Issuer or any of its affiliated entities to the jurisdiction of any court with regard to disputes, claims or controversies unrelated to the use of your Gift Cards or this Agreement.

g. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF THE ISSUER AND ITS AFFILIATES, SHALL BE THE REPLACEMENT OF SUCH GIFT CARDS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

16. Governing Law. The laws of the State of Arizona, without regard to principles of conflict of laws, shall govern this Agreement and the use of your Gift Cards.

17. Severability. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.

18. Changes to Agreement. The Issuer reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion without advance notice, effective when posted on this web site. Customer’s use of the Gift Card after changes to this Agreement are posted shall constitute acceptance of any changed or additional terms. The current version of this Agreement is available at https://www.mlb.com/dbacks/tickets/gift-cards.