Devils Membership Terms And Conditions

These Terms and Conditions contain, among other terms, auto-renew provisions, disclaimers of liability, an exclusive remedy, a binding arbitration clause and a class action waiver. Please read them carefully.

As part of the consideration for the 2022-23 Season Ticket Membership or 2022-23 Flex Membership (as applicable) (the "Membership") being licensed hereunder to Member (as defined below) by New Jersey Devils LLC (such entity, together with the New Jersey Devils NHL club operated by such entity, the "Devils"), Member hereby agrees to (i) timely pay the charges listed in the payment form(s) or invoice(s) (whether in hard copy, electronic or other format) relating to Member's Membership subscription (the "Payment Form"; and the aggregate charges listed therein, the "Membership Fee"), (ii) comply with the other terms and conditions set forth in the Payment Form, and (iii) comply with the terms and conditions provided or referenced in this document or on DevilsMembership.com or a similar website linked therefrom) (all such terms and conditions, together with the Payment Form, this "Membership License"). Each ticket licensed under this Membership License is referred to herein as a "Ticket". Tickets and other benefits or privileges of Membership are referred to herein as "Membership Privileges".

Member. The "Member" shall be the one natural person or legal business entity that is on record in the Devils' database as the registered holder of the Membership. If a Membership is registered in the name of a legal business entity, a contact person must be identified and the Devils shall have the right to rely on the actions of such contact person as the actions of Member. The Devils' acceptance of payment for Tickets or other Membership Privileges from any person or entity other than Member does not grant any rights to Tickets or other Membership Privileges, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity.
Term. The term of this Membership License (the "Term") shall begin on the earlier of (x) the date Member signs and delivers the Payment Form and (y) the date Member makes full or partial payment of the Membership Fee and, subject to early termination as provided herein, shall end on the later of (a) the last regular season Devils home game of the 2022-23 NHL season, and (b) if the Devils participate in the 2022-23 NHL playoffs and Member has the right under this Membership License to, and does, purchase Tickets to Devils playoff home games for the 2022-23 NHL season (and such right is not revoked as described below), the Devils' last playoff home game of the 2022-23 NHL season.
Membership Fee. As part of the consideration for the right to receive the Tickets and other Membership Privileges, Member shall timely pay the Membership Fee to the Devils as indicated on the Payment Form. All payments by Member under this Membership License shall be made without offset, deduction or counterclaim and are non-refundable except as expressly provided otherwise herein.
Revocable License. Each Ticket represents a separate, limited and revocable license that only permits the bearer the right to attend the Devils home game identified on such Ticket and sit in the seat location identified on such Ticket. No property rights, and no renewal or expectancy rights, are conveyed under this Membership License, any Ticket, or any other item the Devils may deliver to Member under this Membership License. This Membership License and any or all of the Tickets and other Membership Privileges are revocable at any time by the Devils, in its sole and absolute discretion, with cause (including a breach of this Membership License) or without cause. Upon any revocation of the Membership License, the Devils may, in its sole and absolute discretion, (i) cancel, inactivate and revoke any Tickets for the remaining games of the 2022-23 NHL season (and deny the holder of such revoked Tickets admission for the games to which such revoked Tickets apply) and (ii) cancel, inactivate and revoke any other Membership Privileges, including any right Member may have under this Membership License to purchase tickets to Devils playoff home games for the 2022-23 NHL season. Upon a revocation of the Membership License in its entirety with cause, the Devils shall have the right to retain any previously paid portion of the Membership Fee, subject to Section 11. Upon a revocation of the Membership License in its entirety without cause, the Devils shall refund to Member any previously paid portion of the Membership Fee attributable to Tickets for regular season Devils' home games in the 2022-23 NHL season to be played following revocation. If the Devils revokes any Tickets with respect to any particular game with cause but do not revoke the Membership License in its entirety, no refund will be paid to Member. For the avoidance of doubt, the occurrence of any Lost Game(s) (as defined below) pursuant to Section 7 of this Membership License, and actions taken by the Devils as a result, shall not be deemed a revocation of the Membership License in its entirety, with or without cause.
No Renewal Right; Auto-Renew; Playoff Opt-Out; Forfeiture of Flex Membership Fees.
1. This Membership License covers only 2022-23 NHL preseason and regular season Devils home games. Member acknowledges and agrees that Member neither has a reasonable expectation, nor any right or privilege, implied or otherwise, to (i) purchase or receive playoff tickets for the 2022-23 NHL season (except for the rights expressly granted as part of this Membership License and displayed on DevilsMembership.com, which rights remain subject to Devils' rights under Sections 4, 6 and 11) or any subsequent NHL season(s), (ii) purchase or receive tickets or other Membership Privileges for any subsequent NHL season(s) or (iii) renew this Membership License for any subsequent NHL season(s). Member further acknowledges and agrees that if the Devils (in its sole and absolute discretion) offers Member the opportunity to renew this Membership License for any subsequent season(s), neither such offer nor any acceptance by Member shall create a course of dealing between Member and the Devils or a reasonable expectation, right or privilege, implied or otherwise, to any further renewal.
2. If the Devils (in its sole and absolute discretion) offers Member (and does not revoke) the opportunity to renew this Membership License for the 2023-24 NHL season, this Membership License will automatically renew for the 2023-24 NHL season as follows: If Member receives notice from the Devils (an "Auto-Renew Notice") setting forth or otherwise directing Member (including via hyperlink) to the price(s) and seat location(s), as well as certain terms and conditions, of Member's Membership License for the 2023-24 NHL season, Member must notify the Devils, in the manner prescribed by the Devils in the Auto-Renew Notice and, unless indicated otherwise in the Auto-Renew Notice, within two (2) weeks following receipt of such notice (the "Response Deadline"), that Member wishes not to renew Member's Membership License for the 2023-24 NHL season. If Member does not provide such notice to the Devils by the Response Deadline, Member shall be deemed to have accepted Member's Membership License for the 2023-24 NHL season upon the terms and conditions set forth in or otherwise directed (including via hyperlink) by the Auto-Renew Notice (which terms and conditions may be available on DevilsMembership.com or a similar website linked therefrom), and Member's credit card will be charged a non-refundable amount in the amount and on the date(s) set forth in the Auto-Renew Notice, and will thereafter continue to be charged by the Devils consistent with the payment option selected on the Payment Form for the 2023-24 Membership License (or deemed selected pursuant to a previous season's payment terms). For illustration purposes only, if Member receives the Auto-Renew Notice on January 29, 2023, Member must provide notice to the Devils by February 12, 2023 that Member wishes not to renew, or Member's credit card will be charged on or about February 14, 2023.
3. If the Devils (in its sole and absolute discretion) offers Member (and does not revoke) the opportunity to purchase tickets to Devils playoff home games for the 2022-23 NHL Stanley Cup Playoffs ("Playoff Tickets"), Member will automatically purchase Playoff Tickets as follows: If Member receives notice from the Devils (which notice may be included in the Auto-Renew Notice referenced above) ("Playoff Notice") setting forth or otherwise directing Member (including via hyperlink) to the price(s), seat location(s), as well as certain terms and conditions, of Member's purchase of Playoff Tickets, Member must notify the Devils, in the manner prescribed by the Devils in the Playoff Notice and, unless indicated otherwise in the Playoff Notice, within two (2) weeks following receipt of such notice (the "Playoff Response Deadline"), that Member wishes not to purchase Playoff Tickets. If Member does not provide such notice by the Playoff Response Deadline, Member shall be deemed to have agreed to purchase Member's Playoff Tickets upon the terms and conditions set forth in or other directed (including via hyperlink) by the Playoff Notice, and Member's credit card will be charged a non-refundable amount in the amount and on the date(s) set forth in the Playoff Notice.
4. For Flex Memberships, if for any reason any portion of the Membership Fee paid or owed to the Devils is not applied to the purchase of tickets to 2022-23 NHL preseason and regular season Devils home games by the conclusion of the 2022-23 NHL regular season, Member shall not be entitled to any refund or carryover of or credit with respect to all or any portion of such Membership Fee and Devils shall have the right to retain any unused amounts, in each case, unless Devils agrees otherwise in writing.
5. If the Devils (in its sole and absolute discretion) offers Member (and does not revoke) the opportunity to participate in a ticket swap program, such program will be subject to separate terms and conditions determined by the Devils, including limitations on quantity, game availability and timing of all ticket swaps. Notwithstanding the foregoing, if the Devils offer a ticket swap program, any tickets swapped pursuant to such program must be redeemed within that same NHL season unless expressly indicated otherwise in writing by Devils. For example, if the Devils offer Members a ticket swap program in respect of the 2022-23 NHL season, and a Member wishes to swap two (2) tickets from a game in the 2022-23 NHL season, such Member may only redeem the swap (e.g., obtain the same number of tickets to another game) during the same 2022-23 NHL season (and not for tickets during the 2023-24 or any subsequent NHL seasons).
Limits on Transferability. Member shall not sell, assign or otherwise transfer for consideration (i) this Membership License, (ii) any Membership Privileges (other than Tickets), or (iii) Tickets with respect to ten (10) or more games, in each case, without the Devils' express written consent. Any permitted sale, assignment or transfer of Tickets must be in compliance with applicable law (including but not limited to any licensing requirements or resale limitations contained within the Ticket Resellers Law found at N.J.S.A. 56:8-26 et seq.). Upon any violation of this Section 6, the Devils shall have the right to revoke this Membership License, the Tickets and the other Membership Privileges with cause under Section 4. Without limiting the foregoing, any sale, assignment, or transfer of Tickets to any person who fails to satisfy any Safety Requirement (including, without limitation, any pre-game requirements established by the Devils or Arena Operator) may be voided by Devils and such Tickets cancelled without any refund or credit to the transferor or transferee.
Non-Occurrence of Events; Other Events; Neutral Site Events. Nothing herein, including the Devils' issuance of Tickets, shall constitute any warranty, representation, covenant or guarantee by the Devils that any number of games (including playoff games) will occur at the Prudential Center in Newark, New Jersey (the "Arena") or at any other location. Member acknowledges and agrees that the revocable rights to Tickets are solely for 2022-23 NHL preseason and regular season games (and, if expressly provided in this Membership License, the right to purchase tickets for playoff games) presented by the Devils and played at the Arena, and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event or game (including, without limitation, any event or game that is held in the Devils' market or hosted by the NHL at the Arena or in which the Devils participates that is held at a location other than the Arena (e.g., any neutral site game, NHL European Global Series Games, NHL China Games, NHL Winter Classic, NHL Heritage Classic, NHL Stadium Series, NHL All Star or NHL Draft event) (each, a "League Special Game")). Member acknowledges and agrees that the Devils and/or NHL may cancel, postpone, reschedule or relocate games for any reason (e.g., move a regular season game of the Devils from the Arena to an alternate venue for the purposes of playing a League Special Game or addressing a force majeure event or occupancy condition), as determined in its/their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of NHL games and events. If any Devils home game for which Tickets have been purchased and paid for under this Membership License (x) is not played at the Arena for any reason and not otherwise played (or scheduled to be played) at the Arena at any other date or time or (y) is played at the Arena but Member is not permitted to attend for any reason (e.g., due to attendance limitations) (each of (x) and (y), a "Lost Game"), including, without limitation, due to concerns related to the coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, "COVID-19") or any other epidemic, pandemic, or force majeure event, a work stoppage or labor dispute by and among the NHL and/or their respective players, or any other cause, then (A) such event shall in no way be deemed, argued or construed to be a breach by Devils or the NHL of this Membership License or any other terms, conditions, agreement or other duties or obligations in connection with the sale and use of Tickets, (B) except as provided in clause (C) below, Member hereby waives and releases any and all claims Member may have against the Devils, the other Releasees (as defined in Section 12) and/or the NHL with respect to such Lost Game, and (C) if Member has complied with all of its Membership License obligations, then Member's sole and exclusive remedy as a result of a Lost Game shall, upon Member's written request (by email to [email protected]), be, at Devils' option (i) an account credit, for use to purchase additional tickets or seat upgrades for Devils home games at the Arena during the 2022-23 NHL regular season or the subsequent NHL regular season) or to be applied as a credit against Member's outstanding Membership Fee balance, which credit shall be applied against Member's last Membership Fee installment (or, if applicable, any Membership Fee balance with respect to the 2023-24 NHL season) or (ii) a refund, in each case, in an amount equal to the face value of Member's Tickets for the Lost Game(s) (as determined by Devils in its sole and absolute discretion, it being acknowledged by Member that the face value of Tickets frequently differs from game to game). No credit, refund, or other remedy will be provided for any missed or relocated preseason Devils home games.
Use of Images; Unauthorized Reproductions.
1. Member irrevocably consents to use of the image, name, voice, likeness, actions and/or statements of Member, any of Member's guests and other Ticket holders (and Member represents, warrants and covenants that Member has or will obtain all approvals needed to provide such consent) in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication, reproduction, or recording taken at, or, or in connection with a Devils game (whether in or outside the Arena) and also to use of the same during or following such event (whether during or after the Term) by the Devils or any of its affiliates, licensees, sponsors or other designees for any purpose (including commercial, advertising or promotional purposes) and in any media known or subsequently developed, without additional compensation, authorization or notice. In addition, Member grants to the NHL, Arena Operator, and the Devils permission to collect, use, share and store certain facial and other biometric information of Member as permitted by law, including for security purposes.
2. Any commercial or other unauthorized use, transmission or aid in transmission of any picture, film, tape, writing, drawing or other depiction, description, account or reproduction of all or any portion of any Devils game, the Arena, or any of the performers or participants therein, is prohibited.
Compliance with Rules and Regulations.
1. Member shall, and shall cause all guests using Tickets or other Membership Privileges to, comply with
  1. (i) all rules, regulations, policies and procedures adopted from time to time by the Devils, Devils Arena Entertainment LLC (the "Arena Operator") and/or the National Hockey League ("NHL"), including, without limitation,
    1. (x) all policies with respect to the cancellation, postponement or rescheduling of a Devils home game and
    2. (y) all announcements issued over the Arena's public address system, and
  2. (ii) all applicable federal, state and local laws, rules, regulations and orders of government, regulatory or health authorities.
2. Subject to applicable law, neither Member nor any of Member's guests may bring any food or beverages into Arena, or prepare or consume any food or beverages at Arena, in each case, except through Devils, the Arena Operator or a third party duly authorized by the Arena Operator to serve food and beverages at Arena.
3. Devils and Arena Operator reserve the right to refuse admission to or eject from the Arena any person whose conduct it deems disorderly or otherwise in violation of any rules, regulations, policies, procedures, law or orders referenced above. If Member or any guest thereof is refused entry to or ejected from the Arena for such reason, Member shall forfeit any claim for any credit, refund, or other remedy.
4. The Devils reserve the right to take appropriate action against individuals who fraudulently or otherwise improperly obtain wheelchair and companion seats including, without limitation, ejection and legal action.
5. Member and Member's belongings may be searched upon entry to the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NHL, Devils, and/or Arena Operator, and Member hereby consents to the foregoing and waives any related claims that might arise against the NHL, Arena Operator, and/or the Devils. If Member elects not to consent to such searches, Member will be denied entry into the Arena without refund. Devils and the NHL reserve the right to modify from time to time any of its respective rules, regulations, policies, and procedures, including, but not limited to, those described in this Section.
Location Change. Devils reserves the right to relocate the Tickets to any other location in the Arena (with a price adjustment, if applicable, based on the rate at which Devils is offering the new seats for sale at the time of relocation) if Devils determines, in its sole discretion, such relocation is advisable to facilitate any construction project or other alteration or modification to the Arena, or due to any NHL or government requirements, health or safety reasons or other reasons beyond the reasonable control of the Devils. If Devils exercises such right, Devils agrees to use its reasonable efforts to provide a reasonably comparable location as Member's sole and exclusive remedy. Member acknowledges that Devils makes no guarantee of any specific locations and that the alternative locations will be provided based on availability.
Default/Termination. Member shall be in default under this Membership License if Member (a) fails to remit any payment in accordance with the terms of this Membership License (including any rejection of any automated payment or debit or any credit card under any payment plan) or (b) fails to comply with or perform any of the other terms, obligations, covenants, or conditions in this Membership License. Upon any such default, then in addition to any and all other rights and remedies available to the Devils and its affiliates under this Membership License, at law or in equity or otherwise, the Devils may, in its sole and absolute discretion, do any one or more of the following: (i) cancel, inactivate and revoke all or a portion of the Tickets and other Membership Privileges (and deny admission into Arena), (ii) apply any amounts previously paid (regardless of which games or benefits such amounts are attributable to) towards any Damages (as defined below), with no obligation to return or refund such amounts except as set forth in the proviso to this sentence, (iii) if Member is expressly granted the right to purchase Tickets to Devils home playoff games in this Membership License, revoke such right, (iv) suspend all or any portion of Member's rights hereunder, and (v) terminate this Membership License and any or all of Member's rights under this Membership License for cause, in each case, with no further liability or obligation of any kind to Member, provided that Devils shall at its option credit or refund to Member any amount previously paid by Member in excess of the damages caused by all defaults of Member or its guests, licensees or affiliate (including without limitation costs of collection of any amounts due, allocable costs of in-house counsel and other attorneys' fees and other costs and expenses incurred in connection with enforcement of remedies for such default) (collectively, "Damages"). Except as expressly required by applicable law, Devils shall have no duty to mitigate its Damages as a result of a breach or default by Member and any amounts received by Devils from any re-sale of the Tickets or other Membership Privileges shall not reduce Member's obligations hereunder. Interest on all late amounts due shall accrue from the date of non-payment until paid in full at a rate equal to the lesser of one percent (1.0%) per month or the maximum rate permissible under applicable law. Member acknowledges that (i) Devils plans to fully enforce its rights under this Membership License, and (ii) in entering into this Membership License, Member has not relied upon any prior policies or practices of Member related to enforcement of (or any waiver or failure to enforce) any obligations similar to those contemplated hereunder (for non-payment or otherwise). No failure by the Devils to exercise any right or remedy in connection with a breach by any person or entity of any provision hereunder (or the corresponding provision in the membership license of another person or entity) shall operate as a waiver of such right or remedy with respect to a breach by any other person or entity (including Member) of such provision (or the corresponding provision in this Membership License or the membership license of another person or entity). The provisions of Sections 4, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive the termination or expiration of this Membership License.
Liability.
1. Except in the case of a Lost Game, League Special Game, or any other scenario or circumstance for which a remedy is set forth in this Membership License, the Devils' and the other Releasees' (as defined below) liability for damages of any kind arising out of this Membership License is limited to a refund of the actual purchase price paid by Member to Devils (and expressly excluding any amount paid in excess of face value to any third party) for Tickets to games not yet played under this Membership License. This remedy is exclusive except as expressly provided otherwise herein. For the avoidance of doubt, except as provided otherwise herein, in no event shall the Devils or any other Releasee be liable for any other direct, indirect, incidental, special, punitive, exemplary or consequential damages or for lost profits, revenues or business opportunities even if such Releasee has been advised of the possibility of such damages or if such damages were foreseeable.
2. Member, on behalf of itself, its guests and any holder of any Ticket, assumes all risk arising from or related in any way to any use of the Tickets (including, without limitation, at any Devils game and whether in or outside the Arena) or any other Membership Privileges (whether occurring prior to, during or after such use), howsoever caused and whether by negligence or otherwise (except where prohibited by law as described in Section 19 below). Member waives and releases, to the fullest extent permitted by law, all claims, whether known or unknown, relating to or arising from any injury, loss or damage against Devils, Arena Operator, the City of Newark, the Housing Authority of the City of Newark, and their respective affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing (all of the foregoing, collectively, the "Releasees"). Member acknowledges and agrees that the Releasees shall not be responsible for any injury, loss or damage (including for lost or stolen property).
3. Member shall indemnify and hold harmless, to the fullest extent permitted by law, all Releasees from and against any liabilities, losses, damages, claims, demands, choses in action, costs and expenses, including reasonable attorneys' fees (including in any action between Member and the Devils or any other Releasee, or any action by a third party), costs of investigation (whether or not litigation occurs) and litigation expenses, arising out of or related to any act or omission, breach of any provision of this Membership License, or violation of any applicable law, rule, regulation or order, in each case, by Member, any of Member's guests or any holder of Member's Tickets. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
4. Due to the uncertainty related to COVID-19, Member's admission to the Arena is subject to all safety and health requirements and policies put in place by the Devils, NHL, the Arena, or any federal, state or local government authority, including any requirements relating to face masks and/or enhanced health screenings (which may include a requirement that Member, and Member's guests, be tested for and/or vaccinated for COVID-19, and to provide proof of such testing and/or vaccination, prior to or during any Devils home game). Such policies and requirements as they may be updated from time to time (in the sole determination of the Devils, NHL and/or Arena operator) and as they may be communicated to Member prior to or during any Devils home game (whether orally or in writing) by, for example, instruction provided by Devils or Arena personnel or signage in or around the Arena, are collectively referred to below as the "Safety Requirements". Member acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during any Devils home game), and attendance at any Devils home game is conditioned on such compliance.
5. Member agrees that neither Member, nor anyone in Member's party, will attend any Devils home game if any one or more of the following is true on the day of such Devils home game: (I) within the prior 14 days, Member has (or Member's guest or any other person with whom Member has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19; (II) within the prior 48 hours, Member has (or any person in Member's party or with whom Member has had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or (III) within the prior 14 days, Member has (or any person in Member's party or with whom Member has had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
6. Failure to comply with Safety Requirements shall automatically terminate any rights that Member may have under this Membership License and shall authorize the Devils to revoke the Membership License, refuse admission to the Arena, or eject Member from the Arena, with cause in each case, and subject Member to all legal remedies available to the Devils, NHL, and/or Arena.
7. MEMBER EXPRESSLY ACKNOWLEDGES: (I) COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION; (II) CASES OF COVID-19 INFECTION HAVE BEEN CONFIRMED IN THE NEWARK, NEW JERSEY METROPOLITAN AREA, INCLUDING IN THE VICINITY OF THE PRUDENTIAL CENTER; (III) COVID-19 IS EXTREMELY CONTAGIOUS AND THERE IS AN INHERENT DANGER AND RISK OF EXPOSURE TO COVID-19 IN ANY PLACE WHERE PEOPLE ARE PRESENT, INCLUDING AS A RESULT OF EXPOSURES INDIVIDUALS MAY HAVE HAD IN GEOGRAPHIC AREAS OTHER THAN NEWARK, NEW JERSEY; (IV) NO PRECAUTIONS, INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE OR THE PROTOCOLS AND REQUIREMENTS THE CDC, FEDERAL, STATE AND LOCAL GOVERNMENT HAS PUT IN PLACE, CAN ELIMINATE THE RISK OF EXPOSURE TO OR CONTRACTION OR TRANSMISSION OF COVID-19, AND THAT SUCH RISK APPLIES TO EVERYONE; (V) WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, PUBLIC HEALTH AUTHORITIES ADVISE THAT PEOPLE 65 OR OLDER AND PEOPLE WITH CERTAIN UNDERLYING MEDICAL CONDITIONS MIGHT BE AT HIGHER RISK, INCLUDING (BUT NOT LIMITED TO) PEOPLE WITH CHRONIC LUNG DISEASE OR MODERATE TO SEVERE ASTHMA, SERIOUS HEART CONDITIONS, COMPROMISED IMMUNE SYSTEMS, SEVERE OBESITY, DIABETES, CHRONIC KIDNEY DISEASE UNDERGOING DIALYSIS AND LIVER DISEASE; (VI) SCIENTIFIC KNOWLEDGE ABOUT COVID-19 IS EVOLVING AND MANY ASPECTS OF COVID-19 REMAIN SUBJECT TO SIGNIFICANT UNCERTAINTY; (VII) CONTRACTING COVID-19 CAN RESULT IN BEING SUBJECT TO QUARANTINE REQUIREMENTS, SERIOUS ILLNESS, TEMPORARY OR PERMANENT DISABILITY, OTHER SHORT-TERM AND LONG-TERM HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION; (VIII) CONTRACTING COVID-19 CAN RESULT IN THE FURTHER TRANSMISSION OF COVID-19 TO MY FAMILY MEMBERS, FRIENDS AND OTHER PERSONS; AND (IX) FEDERAL, STATE AND LOCAL GOVERNMENTS AND FEDERAL AND STATE HEALTH AGENCIES HAVE, AMONG OTHER THINGS, RECOMMENDED SOCIAL DISTANCING WHERE POSSIBLE AND, IN MANY LOCATIONS, PROHIBITED THE CONGREGATION OF GROUPS OF PEOPLE. MEMBER VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), WHETHER OCCURRING PRIOR TO, DURING, OR AFTER ANY DEVILS HOME GAME, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
8. On behalf of Member and Member's Related Persons (as defined below), Member further hereby releases (and covenants not to sue) the Devils' and the other Releasees with respect to any and all claims that Member or any of Member's Related Persons may have (or hereafter accrue) against any of the Devils' and the other Releasees and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or any Devils home game (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to any Devils home game; or (iii) any interaction between Member and Member's Related Persons, on the one hand, and any personnel of any of the Released Parties present at any Devils home game, on the other hand, in each case whether caused by any action, inaction or negligence of the Devils' and the other Releasees or otherwise. "Related Persons" means Member's heirs, assigns, executors, administrators, next of kin, anyone attending any Devils home game with Member (which persons Member represents have authorized Member to act on their behalf for purposes of these terms), and other persons acting or purporting to act on Member's or their behalf.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
Taxes. Member acknowledges that, in addition and incremental to the cost of the Tickets and other Membership Privileges under this Membership License, Member shall be responsible for all City of Newark surcharges (including the City of Newark's Admission Ticket Surcharge, which is currently 1.375% but may change) and all State of New Jersey sales and use taxes (including the sales tax pursuant to N.J.S.A.54:32B-1 et seq.), in each case, as such rates may be increased from time to time and relating to or arising from the license and use of the Tickets or the provision or sales of Tickets and the other Membership Privileges hereunder.
Severability. If any term or provision of this Membership License, or the application thereof to any person, entity or circumstance, shall to any extent be held invalid or unenforceable in any jurisdiction, then (a) as to such jurisdiction, the remainder of this Membership License, or the application of such term or provision to persons, entities or circumstances other than those as to which such term or provision is held invalid or unenforceable in such jurisdiction, shall not be affected thereby, (b) the tribunal making such determination shall have the power to (and the parties shall request that the tribunal) reduce the scope, duration, area or applicability of such provision, to delete specific words or phrases, or to replace any invalid or unenforceable provision with a provision that is valid and enforceable and comes closest to expressing the intention of the invalid or unenforceable provision, and (c) each remaining term and provision of this Membership License shall be valid and enforceable to the fullest extent permitted by applicable law. Any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, each of Devils and Member hereby waives any provision of law that would render any provision of this Membership License unenforceable in any respect. Notwithstanding anything to the contrary in this Membership License, to the extent any portion of Section 15(i) is held to be invalid or unenforceable as to a party, the entirety of Section 15(i) shall be null and void as to that party.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
Miscellaneous.
1. Devils' obligation to provide the Tickets and the other Membership Privileges shall be subject and subordinate to (i) all NHL rules and regulations, (ii) all applicable laws, rules and regulations, and (iii) the terms of Devils' right to use the Arena pursuant to any applicable lease or license.
2. Devils and the NHL retain the right to reschedule the date or the start time of any game and shall not be liable to Member for any reason related to any such rescheduling.
3. The Devils are not responsible for lost or stolen tickets, and any reissuance of tickets shall be at the discretion of the Devils and may be subject to processing fees determined by the Devils. Tickets not obtained from sources authorized by Devils may not be honored.
4. No Tickets or other Membership Privileges issued hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the Devils' express written consent.
5. The use of any Ticket or other Membership Privilege hereunder in violation of this Membership License, with or without Member's knowledge, is Member's responsibility and Member shall remain absolutely and unconditionally responsible for any such violations.
6. In the event any Ticket(s) is listed at an incorrect price or seat location within the Arena due to typographical or other error, Devils shall have the right to refuse or cancel any orders placed for such Ticket(s), whether or not the order has been confirmed and Member's payment processed.
7. All requests and notices from a Member must be provided in writing to New Jersey Devils LLC, 25 Lafayette Street, Newark, New Jersey 07102, Attn: Ticket Sales and Service Dept. or by email to Member's Client Experience Account Representative. Such requests shall be submitted with Member's name, account number, daytime phone number and accompanied by Member's signature. It is Member's responsibility to notify the Devils in writing or by email of any changes to Member's address, email address and/or phone number.
8. This Membership License shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed entirely in New Jersey and without regard to the conflicts of laws principles thereof. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15(h).
9. This Membership License and the terms printed on each individual game Ticket constitute the entire agreement between the parties with respect to Member's Membership and supersedes all prior and contemporaneous negotiations, understandings or agreements (whether in advertising or marketing materials or otherwise) with respect to the subject matter hereof.
10. None of the provisions of this Membership License benefiting Devils can be waived except in a writing signed by the Devils. No failure by the Devils to exercise any right under this Membership License shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other rights. The waiver by the Devils of any breach of this Membership License shall not be deemed a waiver of any prior or subsequent breach. All remedies of the Devils shall be cumulative and the pursuit of one remedy shall not be deemed a waiver of any other remedy.
11. Time shall be of the essence with respect to Member's obligations under this Membership License.
12. Member represents and warrants that (i) it has full power and legal authority to enter into and perform this Membership License in accordance with its terms and (ii) this Membership License has been duly executed and delivered by Member and constitutes a legal, valid and binding obligation of Member enforceable in accordance with its terms.
DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER. Member and the Devils agree that all disputes, controversies or claims arising out of or related to this Membership License (referred to as a "Claim") will be resolved as follows:
1. INFORMAL RESOLUTION: Member and the Devils will first attempt to resolve any Claim informally after notice has been provided in accordance with Section 15(g) above.
2. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: MEMBER SHOULD READ THE FOLLOWING ARBITRATION PROVISION AS IT LIMITS MEMBER'S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Member and the Devils agree that any dispute, controversy or other Claim arising out of or relating to this Membership License, or the determination of the scope or applicability of Arbitration, shall be governed solely by the Federal Arbitration Act.
If Member and the Devils cannot resolve a Claim informally within 30 days of written notice by one party to the other of such Claim, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both Member and the Devils understand and agree that all disputes shall be decided by an arbitrator and that each party is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both Member and the Devils each agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Membership License as a court would. The Devils and Member understand that, absent this mandatory arbitration provision, the Devils and Member would have the right to sue in court and have a jury trial. The Devils and Member further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The Arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Membership License, and administered by the AAA. If Member and Devils cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this Membership License, the rules set forth in this Membership License will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

Each of Member and Devils may, in Arbitration, seek any and all remedies otherwise available to such party pursuant to the law of the governing state. If Member decides to initiate Arbitration, the Devils shall bear the cost of any Arbitration filing fees and Arbitration fees for claims seeking less than $10,000, unless the arbitrator finds the Arbitration Claim to be frivolous. Member is responsible for all other additional costs that Member may incur in connection with the Arbitration including, but not limited to attorneys' fees and expert witness costs unless the Devils are otherwise specifically required to pay such fees under applicable law. For claims seeking more than $10,000, the AAA Rules will govern payment of filing fees and Arbitration fees. The decision of the arbitrator will be in writing. The Devils and Member agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the Arbitration. The arbitrator must follow this Membership License and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, the Devils and Member agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If Member claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, Member may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held at a location in Essex County, New Jersey, unless Member and the Devils both agree to another location or telephonic Arbitration. To initiate Arbitration, Member or the Devils must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. A copy of a Demand for Arbitration can be found at www.adr.org.
2. Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line:
  
  To file by mail send the initial filing documents and the filing fee to: AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. To file via fax send the initial filing documents and a completed charge card authorization form for the filing fee to 877-304-8457. To file by email send the filing documents and a check or a completed charge card authorization form for the filing fee to [email protected]. Charge card authorization forms are available at www.adr.org/Services/Forms. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register.
3. Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither Member nor the Devils shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT MEMBER WAIVES MEMBER'S RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, Member and the Devils agree that the AAA Rules for Class Arbitrations do not apply to any Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under this Membership License, Member may choose to pursue Member's individual claim in small claims court where jurisdiction and venue over the Devils and Member otherwise qualifies for such small claims court and where Member's claim does not include a request for any type of equitable relief.
CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Without limiting Section 16, Member and Devils agree that any Claims will be resolved on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Member and the Devils further agree that neither will participate as a plaintiff in any consolidated, class or representative proceeding (existing or future) brought in connection with 2022-23 Season Ticket Memberships or 2022-23 Flex Memberships (as applicable). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable or that arbitration can proceed on a class basis, then the Claim will not be subject to arbitration and must be litigated in federal court in Essex County, New Jersey. The terms of this section will also apply to any valid Claims asserted by Member against any parent, subsidiary or other affiliate of the Devils to the extent such Claims arise out of this Membership License and/or 2022-23 Season Ticket Memberships or 2022-23 Flex Memberships (as applicable).

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
LIMITED TIME TO FILE CLAIMS. Member agrees that Member will assert any Claim arising out of this Membership License within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE. If Member is a consumer, the provisions in this Membership License are intended to be only as broad and inclusive as is permitted by the laws of Member's State of residence.

If Member is a New Jersey resident or otherwise has rights under New Jersey's consumer protection laws, the terms of Sections 12, 14, 15(h), 17 and 18 do not limit or waive Member's rights under New Jersey law and the provisions in this Membership License are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, the Devils reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of Member's State of residence.

Notwithstanding the foregoing, nothing in this Section shall modify Subsection 16(B).

DEVILS MEMBERSHIP RENEWAL REWARDS PROGRAM

Important: Please read these Terms and Conditions before selecting your incentives and renewing your membership. All prizes shall be subject to the Terms and Conditions below.

Program void where prohibited by law. Subject to applicable federal, state, and local laws.

Eligibility: The Devils Membership Renewal Rewards Program (the "Program") is open only to all Black and Red Devils Season Ticket Members who are legal residents of the states that they reside in and who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry. Directors, officers, members, managers, and employees of the New Jersey Devils LLC ("Devils"), the National Hockey League and its member teams, the Prudential Center, and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and "step" child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE TERMS AND CONDITIONS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Devils in the manner and format designated below.
Program Period: The Program starts at 9:00 a.m. Eastern Time (ET) on February 10, 2022 and ends at 11:59 p.m. on February 24, 2022 (the "Program Period"). All entries must be received during the Program Period and meet other requirements in these Terms and Conditions to be eligible to win a prize. Devils' or its designee's computer is the official time-keeping device for the Program.
How to Enter: To enter, during the Program Period visit the URL link included in the "Your 2022-23 Devils Membership Information" email (the "URL Link") and follow the instructions to enter the Program, including selecting your incentives for the 2022-2023 NHL season (the "Incentives") by the dates provided below. Upon completion of these steps, you will receive one entry into the Program.

FREE METHOD OF ENTRY. In addition to entering the Program via the above URL, entrants may also enter the Program by mailing in a 3x5 index card listing the entrant's first name and last name to New Jersey Devils LLC, 25 Lafayette Street, Newark, New Jersey 07102 after selecting his/her incentives for the 2022-2023 NHL season by the dates provided below. Index cards must be received by 12:00 pm ET on the date of the Deadline set forth in Section 6 below to be eligible with respect to each prize, as applicable.

Limit one entry per person during Program Period. For any entrants that submit an entry through the Free Method of Entry described above in addition to entering through the URL listed above, the Free Method of Entry and the entry through the URL shall count as one entry. Any attempts to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.

If participating in this Program via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider's data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
Identity of Entrant: All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Devils' discretion.

In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address submitted with the entry. An "authorized account holder" means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Devils with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
Selection and Notification of Winner: On or about March 2, 2022, Devils will select the names of ten (10) potential winners of the prizes in a random drawing from among all eligible entries at Devils' headquarters as listed in Section 15 below. The odds of winning depend on the number of eligible entries received.

Each potential winner will be notified via email on or about March 2, 2022. To the fullest extent permitted by applicable law, Devils may require each potential winner to sign and return, as specified by Sponsor, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address or the potential winner does not respond within seventy-two (72) hours of being notified by Devils; (ii) any required documents are not returned as specified by Devils, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only two alternate drawings will be held for each prize, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Terms and Conditions, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.

Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY DEVILS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROGRAM. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
Prize: In order to be eligible to win each prize listed below, you must visit the URL Link and select your Incentives by the dates provided in the same row as the prize (each, a "Deadline"). For example, to be eligible to win the Away Game Package, you must select your Incentives by February 15, 2022. You shall also be eligible to win each prize that has a Deadline after the date you select your Incentives. For example, if you select your Incentives by February 18, 2022, you would be eligible to win the Jersey, the Glass Seats Package and the Virtual Call; however, you would not be eligible to win the Away Game Package. If you do not select your Incentives prior to the date of the last Deadline, you shall not be eligible to win a prize.

DEADLINE

PRIZE

# WINNERS

APPROXIMATE RETAIL VALUE ("ARV")¹

2/15/22

Airfare, Hotel and Tickets for (2) to a Devils Away Game
(the "Away Game Package")

1

$2,500.00

2/18/22

Autographed Jack Hughes Jersey
(the "Jersey")

3

$350.00

2/22/22

Four (4) Glass Seats for a Devils Home Game
(each, a "Glass Seats Package")

5

$1,336.00

2/24/22

Private Virtual Call with Devils Player of Your Choice
(the "Virtual Call")

1

$200.00

¹Total ARV: $ 4,386.00.

(a) The Away Game Package shall consist of (i) two (2) round trip coach-class airline tickets from an airport close to the winner's home to an airport close to the Devils Away Game to be arranged by Devils; (ii) one (1) standard hotel room for one (1) night at a hotel in the location of the Devils Away Game, to be arranged by Devils; and (iii) two (2) tickets (exact seating location and be determined by Devils) to one (1) Devils away game during the 2022-2023 regular season, to be selected by Devils (the "Away Game"). The winner's use of such tickets shall be subject to the applicable ticket-back terms and conditions and any additional ticket terms and conditions made known to winner. To the fullest extent permitted by applicable law, winner's guest (the "Companion" (and if Companion is under the age majority (a "Minor"), also Companion's parent or legal guardian)) may be required to sign a liability/publicity release to be eligible to travel with winner to the Away Game location. To be eligible to travel to the Away Game location, Companion that is a Minor must be at least 13 years old and accompanied by his or her parent or legal guardian on the trip. Companion (and Companion's parent or legal guardian if a Minor) agrees to release and indemnify Sponsor pursuant to these Terms and Conditions, and as otherwise set forth in a liability/publicity release.

Devils will determine which airport is closest to the winner's home. Air transportation, hotel accommodations, ground transportation, and other elements of prize are determined by Devils or its designee and must be taken together and cannot be taken separately. Devils or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the winner's possession. Any unclaimed or unused prize (or portion of the prize package) will remain the property of Devils.

Any amendment fees or charges incurred due to any changes to the purchased flights are the responsibility of the winner. All costs not explicitly set forth in these Terms and Conditions are the sole responsibility of the winner, and Devils will not provide any compensation or reimbursement for these costs, including Visa requirements, valid passports, travel insurance, spending money, meals, taxes (excluding airline and airport taxes), vaccinations, transfers, items of a personal nature, excess baggage, in-room charges, other ancillary costs, and any applicable insurance excesses. Air travel is subject to the airlines Condition of Carriage (including policies and procedures relating to COVID-19).

(b) Each Glass Seats Package shall consist of four (4) glass seats tickets to one (1) regular season Devils home game. Exact seating location and game shall be determined by Devils in its sole discretion. The winner's use of the prize shall be subject to additional ticketing terms and conditions found on https://www.nhl.com/devils/team/devils-membership-terms-conditions or such other website as made known to the winner by Devils and the ticket-back terms and conditions (the "Ticket Terms and Conditions"). The Ticket Terms and Conditions shall be subject to change from time-to-time without prior notice to the winner.

(c) The Virtual Call shall be with a current Devils Player of the winner's choice, subject to availability and Devils approval. The date and time of the Virtual Call shall be mutually agreed upon by the winner and Devils and the duration of the Virtual Call shall not exceed thirty minutes (:30).

Prize and Travel Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Devils reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Terms and Conditions are available to be won in the Program. Except for applicable manufacturer's standard warranties, the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Other than explicitly set forth in these Terms and Conditions, winner and permitted guest of winner are responsible for obtaining all travel arrangements at their own expense to and from all activities and events that are components of the prize and hereby acknowledge that Devils has not and will not obtain or provide travel insurance or any other form of insurance for any travel associated with the prize.

Winner and permitted guest of winner must comply with all venue rules and regulations, including, without limitation, policies and procedures relating to COVID-19 (e.g., testing, social distancing, limited capacity, face masks, proof of vaccination, and vaccination status). Failure to do so, including, without limitation, failure to provide proof of vaccination status or complete any required COVID-19 test, will result in forfeiture of any prize. Devils and venue reserve the right to remove or deny entry to the winner and his/her guest who fail to comply with all venue rules and regulations, including, without limitation, policies and procedures relating to COVID-19 (e.g., testing, social distancing, limited capacity, face masks, proof of vaccination, and vaccination status), engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the event.

If any portion of the prize or any other activity or event is unable to take place as planned for any reason, including but not limited to, cancellation, scheduling conflicts, lockout, labor dispute, strike, or inclement weather, and no other additional compensation or substitution will be provided.
Disclaimer: Devils, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties' reasonable control; (c) any Program disruptions, injuries, losses or damages caused by events beyond the reasonable control of Devils or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Program.
Limitations of Liability; Releases: By entering the Program, you release Devils and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. ENTRANTS AGREE TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE DEVILS AND ADMINISTRATOR FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO YOUR PARTICIPATION IN THE PROGRAM OR THE AWARDING, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVILS OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PROGRAM OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROGRAM OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROGRAM OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE DEVILS, OR FOR THE RELEASED PARTIES' GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
Use of Use of Winner's Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Program constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Program, you consent to being contacted by Devils for any purpose in connection with this Program.
Privacy: See Devils' Privacy Policy at https://www.nhl.com/devils/team/privacy-policy
Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after March 2, 2022 and before March 23, 2023 to the address listed in Section 15 below, Attn: Devils Membership Renewal Rewards Program. To obtain a copy of these Terms and Conditions, visit the URL Link or send a stamped, self-addressed business-size envelope to the address listed in Section 15 below, Attn: Devils Membership Renewal Rewards Program. VT residents may omit return postage.
Intellectual Property Notice: All Devils-related trademarks are trademarks of Devils Arena Entertainment LLC ("DAE"). The Program and all accompanying materials are copyright © 2022 by DAE. All rights reserved.
Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY-CAMDEN OR THE APPROPRIATE STATE COURT LOCATED IN CAMDEN COUNTY, NEW JERSEY. THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
General Conditions: Entrants agree to be bound by these Terms and Conditions and by the decisions of Devils, which are final and binding in all respects. Devils reserves the right to change these Terms and Conditions at any time, in its discretion, and to suspend or cancel the Program or any entrant's participation in the Program should viruses, bugs, unauthorized human intervention or other causes beyond Devils' reasonable control affect the administration, security or proper play of the Program, or Devils otherwise becomes (in its discretion) incapable of running the Program as planned. Entrants who violate these Terms and Conditions, violate any law, rule or regulation in connection with participation in the Program, tamper with the operation of the Program or engage in any conduct that is detrimental or unfair to Devils, the Program or any other entrant (as determined in Devils' discretion) are subject to disqualification from the Program. Any attempt by an entrant or other individual to deliberately damage any website associated with this Program or undermine the legitimate operation of the Program may be in violation of criminal and civil law and Devils reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Devils reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Program. Devils reserves the right to disqualify any entries received that contain inappropriate or offensive content. Devils' failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision. Any provision of these Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Terms and Conditions will remain in effect. The use of the terms "include" or "including" in these Terms and Conditions is illustrative and not limiting.
Devils: Devils Arena Entertainment LLC, 25 Lafayette Street, Newark, NJ 07102.