PHILADELPHIA UNION U-SERVE PROGRAM TERMS AND CONDITIONS

GENERAL

Participation in the Philadelphia Union U-Serve program (the “Program”) is free and is offered at the discretion of Pennsylvania Professional Soccer LLC (“Philadelphia Union”). Participation in the Program is subject to these “Philadelphia Union U-Serve Program Terms & Conditions” (“Terms and Conditions”). This is a binding agreement. Participants are responsible for reading and understanding these Terms and Conditions and other communications from the Philadelphia Union about the Program in order to understand their rights, responsibilities and status in the Program. If you have any questions about the Program or these Terms and Conditions, you may contact the Philadelphia Union at donations@philadelphiaunion.com.

Your participation in the Program constitutes your consent to these Terms and Conditions. If you do not wish to abide by these Terms and Conditions, do not enroll in the Program. These Terms and Conditions supersede all previous term and conditions applicable to the Program. Except as otherwise prohibited or limited by applicable laws, the Philadelphia Union reserves the right to alter or modify the Program at any time in its sole discretion, with or without notice, including without limitation, the right to add, modify, cancel, delete or otherwise change any provision of the Terms and Conditions or any procedure, Reward or any benefit of the Program. Participants are responsible for remaining knowledgeable as to the Terms and Conditions. Since any changes will be posted at [INSERT URL] (the “Program Website”), you should check the Program Website regularly. Your continued participation in the Program following any changes to these Terms and Conditions constitute your acceptance of such changes.

ELIGIBILITY & ENROLLING IN THE PROGRAM

To enroll in the Program, you must (1) be a legal resident of Pennsylvania, New Jersey or Delaware and be 18 years of age or older (except in the case of residents of jurisdictions where the legal age of majority is greater than 18 years, such legal age of majority) at the time of enrollment, (2) complete the Program’s enrollment form located on the Program Website to create an account (“Account”), (3) read and accept these Terms and Conditions and the MLS Terms of Service (accessible at https://www.mlssoccer.com/legal/terms-of-service), and (4) consent to the collection, use, and disclosure of your personal data in accordance with the Philadelphia Union’s Privacy Policy (accessible at https://www.mlssoccer.com/legal/privacy-policy). Each person who successfully completes steps (1) – (4)  in accordance with foregoing sentence shall be referred to as a “Participant”.  The Philadelphia Union may deny membership in the Program to any person in its sole discretion at any time and without written notice.

You must fully complete and submit all non-optional data requested in order to create an Account, including, without limitation, name, address, date of birth, phone number and email address. Once enrolled, Participant’s are responsible for keeping their contact information up-to-date in their Account. If you submit inaccurate information as part of the enrollment process or during your membership in the Program, your right to participate in the Program may be terminated by the Philadelphia Union immediately.  If you participated in of the Program in a prior year, you must reactivate your membership each year.

Upon successful enrollment in the Program, each Participant will receive a Program-branded t-shirt, which will be mailed to the address listed in your Account at the time of enrollment. The Philadelphia Union reserves the right to discontinue issuance of Program-branded t-shirts at any time.

EARNING POINTS

Participants in the Program can earn points (“Points”) as set forth in this section. Without notice to Participants, the Philadelphia Union reserves the right to suspend, reschedule, cancel, revalue or modify any opportunity to earn Points under the Program and the Philadelphia Union, in its sole discretion, has the final say as to whether a Participant has earned Points.

Participation in Volunteer Events

Participants in the Program can earn Points by registering for and participating in certain volunteer opportunities with not-for-profit partners of the Philadelphia Union (“Program Partners”). The Philadelphia Union will post the details of each opportunity (each opportunity a “Volunteer Event”), including without limitation, eligibility criteria, the date and time of the Volunteer Event, the way to sign up, and the number of Points a Participant may earn by participating. It is within the sole discretion of the Philadelphia Union and each Program Partner to establish eligibility criteria for participation in each Volunteer Event, to limit participation to a certain number of Participants, or otherwise place conditions on participation in the Volunteer Event.

Participants must sign up for a Volunteer Event (1) on the Program Website, and (2) by completing any registration steps required by the Program Partner (“Event Registration”). Event Registration may also include, without limitation, creating an account on a Program Partner’s website, agreeing to any terms and conditions of participation established by a Program Partner, and/or completing Program Partner’s paperwork at the site of the Volunteer Event.  Failure to complete all Event Registration steps may result in Participant being denied the opportunity to participate in the Volunteer Event and earning Points related to it.

After the conclusion of each Volunteer Event, the Philadelphia Union will contact the applicable Program Partner to verify whether Participant successfully completed the Volunteer Event. By enrolling in the Program, you hereby consent to each Program Partner sharing information about you and your participation in each Volunteer Event with the Philadelphia Union. Upon verification, the Participant will earn the Points associated with the Volunteer Opportunity and such Points will be posted to Participant’s Account within 10 business days following the final day of the Volunteer Opportunity. If the Program Partner is unable to confirm to the Philadelphia Union that a Participant completed the Event Registration and the Volunteer Opportunity, the Participant will not be awarded any Points.

Other Opportunities to Earn Points

From time to time, the Philadelphia Union may provide Participants with other ways to earn points. These opportunities will be posted on the Program Website. Participants should check the Program Website frequently.

REDEEMING POINTS

Participants may redeem Points for tickets to select Philadelphia Union games (“Reward Tickets”), Philadelphia Union merchandise (“Reward Merchandise”) and fan-based experiences (“Reward Experiences”, and together with Reward Tickets and Reward Merchandise, “Rewards”). The Rewards available at any given time will be listed on the Program Website. Participants can redeem Points on the Program Website by completing the online form associated with a Reward. Unless otherwise stated in these Term and Conditions, on the Program Website, or in a description of a Reward, Rewards will be mailed to address listed in the Participant’s Account at the time of redemption. It is the Participant’s sole obligation to ensure that the address in the Account is current. The Philadelphia Union is not responsible for any lost or stollen Rewards or any Rewards that Participant does not receive as a result of an incorrect address in the Account. Unless otherwise stated in these Terms or Conditions or on the Program Website, Rewards are typically mailed within 10 business days of redemption. Points cannot be pooled or shared with other Participants.

Rewards Tickets

Points for Reward Tickets may be redeemed on the Program Website. The number of Points that must be redeemed for Reward Tickets will vary based on a number of factors, including, but not limited to, the availability of Reward Tickets, the type of Reward Tickets requested, and the number of other Participants requesting Reward Tickets. The Philadelphia Union reserves the right, in its sole discretion, to vary the precise Reward Tickets made available for redemption, and the frequency of which Reward Tickets are made available.

Requests for Reward Tickets must be made a minimum of 10 business days prior to the game date. Within 3 business days  of making a request for Reward Tickets, an email will be sent to the email address on record for the Participant, notifying him or her whether or not the request for Reward Tickets is approved or denied. If approved, a separate email will be sent to Participant with a link to access the Reward Tickets. Rewards Tickets will not be sent to Participants in any other way. Participants may change their email address on record in their Account.

In the event that: (1) the COVID-19 pandemic, (2) any applicable federal, state, city and local governmental order or mandate, (3) any guidance issued by an applicable health agency, or (d) any guidance or directive of Major League Soccer cause: (a) any games to be cancelled and not rescheduled; (b) any games to be played at a venue other than Subaru Park; or (c) the permitted spectator capacity at the Subaru Park to be limited or reduced (the “COVID Conditions”) then the Philadelphia Union shall refund any Points expended by a Participant for the Reward Tickets associated with the game impacted by the COVID Conditions.

 

Reward Merchandise

From time to time, Participants will have the opportunity to redeem Points for Reward Merchandise. The availability of any Reward Merchandise is subject to the Philadelphia Union’s sole discretion. A description of each item of Reward Merchandise will be posted on the Program Website. The number of Points required to redeem any Reward Merchandise will vary and will be deducted from the Participant’s Account upon completing the online redemption form. Reward Merchandise may not be returned or exchanged and Points will not be re-applied to the Participant’s Account if the Participant fails to accept receipt of Reward Merchandise.

Experiences

From time to time, Participants will have the opportunity to redeem Points for Reward Experiences offered by the Philadelphia Union. The availability and frequency of any Reward Experiences are subject to the Philadelphia Union’s sole discretion. The details of each Reward Experience and the number of Points required for redemption will vary. Detailed information for each Reward Experience, including terms and restrictions, will be posted on the Program Website.

REDEEMING POINTS

Any Points earned in a calendar year must be redeemed by January 31st at 11:59pm EST of the immediately subsequent calendar year in which they are earned,  and will not carry over for redemption at a later time. For example, any Points earned in 2021 must be redeemed by January 31, 2022 at 11:59pm ET, and any remaining points as of that date will be forfeited. No credit will be issued for any Points or Rewards not redeemed.  Rewards are subject to change at any time without notice. Points and Rewards may not be purchased with cash, credit card, or cash equivalents. Points and Rewards may not be resold or bartered by any means, electronic or otherwise. The Philadelphia Union reserves the right to revoke and not honor any Points or Rewards that have been resold and if the Philadelphia Union suspects that a Participant is reselling Points or Rewards, the Philadelphia Union reserves the right to terminate the Participant’s participation in the Program revoke or cancel all or some of a Participant’s Points, Rewards or other Program benefits or privileges, and/or take any appropriate administrative and/or legal action as it deems necessary in its sole discretion. Points and Rewards cannot be combined with any other offer, including the Philadelphia Union’s Season Ticket Member Rewards Program.

Note: The Philadelphia Union is not responsible for Rewards lost, misdirected, or delayed via mail or email, nor does it guarantee on-time delivery of Rewards. The Philadelphia Union reserves the right, in its sole discretion, to limit the number of and type of Rewards made available.

Points and Rewards are not refundable, exchangeable, replaceable or transferable for cash or credit unless specifically permitted by these Terms and Conditions. The Philadelphia Union is not responsible for lost or stolen Rewards or Points, and no replacements will be provided.

TERMINATION OF PARTICIPATION

The Philadelphia Union reserves the right to audit any Participant’s Account at any time. The Philadelphia Union reserves the right, in its sole discretion, to discontinue participation for any Participant who acts or is reasonably suspected of acting in any manner which is inconsistent with or violates these Terms and Conditions or any portion of the Program. The Philadelphia Union also reserves the right to discontinue participation for any Participant who acts in a manner inconsistent with local or federal laws, statutes or ordinances or if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the Program, as determined by the Philadelphia Union in its sole discretion. Such discontinued participation may result in the loss, revocation, and cancellation of Points, Rewards, and all Program benefits and privileges. The Philadelphia Union shall also have the right to take appropriate administrative and/or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.

CONTACT INFORMATION

Email is the Program’s primary method of providing service-related updates to Participants. Certain information relating to Volunteer Events, Points, and Rewards, will only be communicated via email. Participants must provide a valid email address to enroll in the Program and are responsible for keeping their email information up-to-date. Email information can be updated in a Participant’s Account. To ensure that all updates are received, we recommend that Participants add philadelphiaunionuserve@philadelphiaunion.com to their address book or “safe senders” list. The Philadelphia Union is not responsible for any e-mail notifications that are bounced back or misdirected. Participants may also elect to receive commercial emails and/or texts from the Philadelphia Union and/or Major League Soccer and can opt-out of receiving such commercial emails and texts at any time without affecting Points or Rewards; however, the Philadelphia Union is not responsible for Rewards or other benefits that are not communicated because of a Participant’s opt-out status, or for a Participants not receiving a particular email. By enrolling in the Program, each Participant agrees to receive advertising, marketing materials and other communications from the Philadelphia Union by mail and via email.

DISCLAIMER OF LIABILITY

THE PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE.” THE PHILADELPHIA UNION MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND THE PHILADELPHIA UNION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM, VOLUNTEER EVENTS, AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EACH PARTICIPANT AGREES THAT THE PHILADELPHIA UNION, MAJOR LEAGUE SOCCER, LLC, SOCCER UNITED MARKETING, LLC, BIMBO BAKERIES, USA, INC., EACH PROGRAM PARTNER, EACH OF THEIR AFFILIATES AND SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES“) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE 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, PARTICIPATION IN A VOLUNTEER EVENT,  PARTICIPATION IN THE PROGRAM, OR PARTICIPATION IN ANY OTHER PROGRAM-RELATED ACTIVITY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE RELEASED PARTIES’ 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 PARTICIPANT’S PARTICIPATION IN THE PROGRAM.

PUBLICITY RELEASE & ASSIGNMENT OF RIGHTS TO SUBMISSIONS

By enrolling in the Program, each Participant agrees that the Released Parties and each of their respective affiliates, licensees and agents shall have the perpetual and unrestricted right and license to use his/her name, image, likeness and/or voice in any broadcast, telecast, photograph, video and/or sound recording taken in connection with any Volunteer Event or Renewal Experience for all purposes and in all media known and unknown throughout the universe.

From time to time, the Philadelphia Union may offer the opportunity to earn Points by submitting or posting certain Participant-generated content (e.g. posting a photo of Participant on social media) (each, a “Submission Opportunity”). By submitting any such content (a “Submission”), Participant agrees that each Submission is an original work of authorship and he or she owns all right, title and interest in the entry as of the date of submission.  Submissions cannot defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights.  If the Submission contains any material or elements that are not owned by the Participant and/or that are subject to the rights of third parties, the Participant is responsible for obtaining and has obtained, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by the Released Parties, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission.  If any identifiable person appearing in the Submission is under the age of majority in his or her state of residence, the parent or legal guardian of such person is required to provide permission. The Philadelphia Union reserves the right to require proof of these permissions in a form acceptable to the Philadelphia Union from any entrant at any time.  The Philadelphia Union reserves the right to withhold the issuance of Points if it deems a Submission to be offensive, inappropriate, not in keeping with the Philadelphia Union’s image or that is otherwise not in compliance with these Terms and Conditions, in its sole discretion.  By making a Submission in connection with a Submission Opportunity, Participants agree to assign all right, title, and interest, including copyright rights, in the Submission to the Philadelphia Union and grant permission for the Released Parties and their respective designees to publish or publicize all or part of their Submission, including but not limited to entrant’s name, likeness and Submission, in whole or in part, for advertising, promotional and trade or other purposes in any and all media now known or hereafter developed, worldwide in perpetuity, without notice or permission and without further compensation, except where prohibited by law.

MISCELANEOUS PROVISIONS

This Program shall be governed by the internal laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws, rules or policies. The Philadelphia Union and Participant agree that any dispute, claim or controversy arising from or relating to this agreement or participation in the Program shall be resolved by binding arbitration conducted in Delaware County, Pennsylvania. The parties acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim or controversy. The parties understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this agreement shall be consolidated with any other arbitration, and the earning and redeeming of Points and Rewards are subject to all applicable local laws and regulations. Points and Rewards are offered in good faith, however they may not be available if prohibited or restricted by applicable law or regulation in the United States of America. If any part of these Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms and Conditions in such jurisdiction and the remaining provisions will remain in force. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action. The Program is subject to all applicable laws and regulations and is void where prohibited by law. Unless otherwise stated herein, Points and Rewards may not be assigned, sold or otherwise transferred by the Participant, by operation of law or otherwise. Except as otherwise provided herein, the receipt and redemption of Points and Rewards cannot be combined with any other offer or discount. Points have no cash value and may not be redeemed for cash. Participants are solely responsible for any tax liability, including the determination thereof, which may result from earning and redeeming Points and from using and receiving Rewards. All questions or disputes regarding eligibility will be resolved by the Philadelphia Union in its sole discretion. The Philadelphia Union has the sole discretion to interpret and apply the Terms and Conditions. The Philadelphia Union’s interpretations of and decisions regarding these Terms and Conditions shall be final and binding. Accumulation of Points are not Participant’s property and may be revoked, cancelled, limited or modified at any time, even though such action may affect the Participant’s right to redeem previously accumulated Points. Message and data rates may apply for text messaging and other services available via your mobile device. Check with your mobile service provider for details on specific fees and charges that may apply to you. These Terms and Conditions constitute the entire understanding between the Philadelphia Union and Participant with respect to the Program, and supersede any and all prior communications, whether written or oral. Each Participant is responsible for remaining knowledgeable as to the Terms and Conditions and as to the number of Points in his or her Account. The Philadelphia Union may attempt, but is not required, to send correspondence to active Participants to advise them of matters of interest, including notification of Program changes. The Philadelphia Union will not be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of Participant contact information, for problems related to any of the equipment or programming associated with or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any web site or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or e-mail for whatever reason. The Philadelphia Union’s waiver of any breach of these Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. Its failure to insist upon strict compliance with these Terms and Conditions shall not be deemed a waiver of any rights or remedies that it may have against that Participant or any other participant in the Program.