BY PURCHASING AND/OR USING ONE OR MORE TICKETS (EACH, A “TICKET”) TO THE NHL WINTER CLASSIC (THE “EVENT”), YOU (“PURCHASER”) AGREE THAT (1) EACH TICKET IS A REVOCABLE LICENSE, (2) USE OF THE TICKET AND ADMISSION TO WRIGLEY FIELD (“VENUE”) FOR THE EVENT IS CONDITIONED UPON YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW (“SUPPLEMENTAL TERMS”), AND (3) PURCHASER WILL INFORM ANY AND ALL GUESTS, COMPANIONS, OR OTHER PERSONS, INCLUDING ANY MINOR (“MINOR(S)”), WHO RECEIVES AND/OR USES A TICKET FROM PURCHASER (EACH AN “ACCOMPANYING PARTY” AND TOGETHER WITH PURCHASER, EACH A “HOLDER”) THAT AS A TICKETHOLDER THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE VENUE IS CONDITIONED UPON AND CONFIRMS THEIR AGREEMENT TO FOREGOING AND THESE SUPPLEMENTAL TERMS.

THESE SUPPLEMENTAL TERMS GOVERN HOLDER’S RELATIONSHIP WITH THE NHL PARTIES AND THE VENUE PARTIES (EACH AS DEFINED BELOW, AND COLLECTIVELY, THE “EVENT PARTIES”). HOLDER’S RELATIONSHIP WITH THE PRIMARY TICKETING PLATFORM USED TO PURCHASE, TRANSFER AND/OR RECEIVE ANY TICKET(S) (“TICKETING PLATFORM”) IS GOVERNED BY THE TERMS AND CONDITIONS OF SUCH TICKETING PLATFORM (E.G., TICKETMASTER TERMS OF USE OR FEVO TERMS OF USE).

THESE SUPPLEMENTAL TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND AFFECT EACH HOLDER’S RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

DISPUTE RESOLUTION PROVISIONS

PLEASE READ THESE SUPPLEMENTAL TERMS CAREFULLY. THEY MAY SIGNIFICANTLY AFFECT HOLDER’S LEGAL RIGHTS INCLUDING HOLDER’S RIGHT TO FILE A LAWSUIT IN COURT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), HOLDER AND THE EVENT PARTIES (AS APPLICABLE) AGREE THAT ALL DISPUTES (DEFINED BELOW) BETWEEN HOLDER AND THE EVENT PARTIES (AS APPLICABLE) SHALL BE LITIGATED OR ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION; AND, IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST IMMEDIATELY LEAVE THE EVENT OR NOT ENTER THE VENUE. 

DEFINITIONS. 

“DISPUTE” SHALL BE DEFINED AS ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE SUPPLEMENTAL TERMS, THE EVENT, TICKETS, OTHER APPLICABLE NHL TERMS AND CONDITIONS OR EVENT POLICIES (DEFINED BELOW), OR HOLDER’S RELATIONSHIP WITH THE NHL PARTIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. DISPUTE SHALL BE INTERPRETED BROADLY. DISPUTE SHALL ALSO INCLUDE ANY DISPUTE, CLAIM, OR CONTROVERSY THAT AROSE BEFORE HOLDER ASSENTED TO THESE SUPPLEMENTAL TERMS OR AFTER THE CONCLUSION OF THE EVENT. NOTWITHSTANDING THE FOREGOING, DISPUTE SHALL NOT INCLUDE DISPUTES, CLAIMS, OR CONTROVERSIES CONCERNING PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, AND CLAIMS OF PIRACY OR UNAUTHORIZED USE OF ANY TICKETING PLATFORM USED TO PURCHASE TICKETS. HOLDER AND/OR THE EVENT PARTIES MAY SEEK INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION AS NEEDED TO PROTECT THE STATUS QUO PENDING COMPLETION OF ARBITRATION; HOWEVER, THE PARTIES ACKNOWLEDGE AND AGREE THAT HOLDER, THROUGH THEIR AGREEMENT TO THESE SUPPLEMENTAL TERMS, IS EXPRESSLY PROHIBITED FROM SEEKING ANY EQUITABLE RELIEF TO ENJOIN OR DELAY THE EVENT, OR THE PUBLICATION, EXHIBITION, DISTRIBUTION, EXPLOITATION OR OTHER PROMOTION THEREOF IN ANY MANNER OR MEDIA.

“MLB PARTIES” SHALL INCLUDE MLB ADVANCED MEDIA, L.P., THE OFFICE OF THE COMMISSIONER OF BASEBALL, MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MLB NETWORK, LLC AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES.

“NHL PARTIES” SHALL INCLUDE THE NATIONAL HOCKEY LEAGUE (“LEAGUE”) AND ITS MEMBER CLUBS (INCLUDING THE PARTICIPATING CLUBS (DEFINED BELOW)), NHL ENTERPRISES, L.P. (“NHL”), NHL ENTERPRISES CANADA, L.P., NHL ENTERPRISES B.V., NHL INTERACTIVE CYBERENTERPRISES, LLC (“NHL ICE”), NHL NETWORK US, L.P., NHL NETWORK US, INC., NATIONAL HOCKEY LEAGUE ENTERPRISES CANADA, INC., NHL ENTERPRISES, INC., AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES.

“VENUE PARTIES” SHALL INCLUDE THE OWNERS AND OPERATORS OF THE VENUE, THE CHICAGO CUBS BASEBALL CLUB, LLC, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES. 

MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), AND NOTWITHSTANDING ANY OTHER PROVISION IN THESE SUPPLEMENTAL TERMS, HOLDER AND THE EVENT PARTIES, AS APPLICABLE, EACH ACKNOWLEDGES AND AGREES THAT THESE SUPPLEMENTAL TERMS EVIDENCE A TRANSACTION INVOLVING INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THEIR INTERPRETATION AND ENFORCEMENT AND ANY PROCEEDINGS RELATING THERETO.

BEFORE INITIATING AN ARBITRATION PROCEEDING, HOLDER OR THE EVENT PARTIES, AS APPLICABLE, MUST GIVE THE OTHER PARTY NOTICE OF THE DISPUTE BY PROVIDING A WRITTEN “NOTICE OF DISPUTE” THAT IS PERSONALLY SIGNED BY THE PARTY INITIATING THE NOTICE OF DISPUTE (OR ITS AUTHORIZED REPRESENTATIVE). THE NOTICE OF DISPUTE MUST CONTAIN THE FOLLOWING INFORMATION: (1) NAME, CONTACT INFORMATION (ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS), AND ACCOUNT INFORMATION, IF APPLICABLE; (2) A DETAILED DESCRIPTION OF THE NATURE AND BASIS OF THE DISPUTE; AND (3) A DETAILED DESCRIPTION OF THE NATURE AND BASIS OF THE RELIEF SOUGHT, INCLUDING A CALCULATION FOR IT.

FOR ANY DISPUTE INVOLVING THE NHL PARTIES, HOLDER MUST SEND ANY SUCH NOTICE OF DISPUTE TO THE NHL PARTIES BY EMAIL TO [email protected]. FOR ANY DISPUTE INVOLVING THE VENUE PARTIES, HOLDER MUST SEND ANY SUCH NOTICE OF DISPUTE TO THE VENUE PARTIES BY EMAIL TO [email protected]. ANY SUCH NOTICE OF DISPUTE WILL BE SENT TO HOLDER AT THE EMAIL ADDRESS ON FILE, IF ANY. HOLDER AND THE EVENT PARTIES AGREE TO ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL, GOOD FAITH NEGOTIATIONS FOR A SIXTY (60) DAY PERIOD FROM THE DATE THAT A COMPLETED NOTICE OF DISPUTE IS RECEIVED (OR A LONGER PERIOD, IF OTHERWISE AGREED TO BY THE PARTIES). IF THE PARTY RECEIVING THE NOTICE OF DISPUTE REQUESTS A TELEPHONE SETTLEMENT CONFERENCE AS PART OF THIS INFORMAL PROCESS, HOLDER AND THE EVENT PARTIES AGREE TO PARTICIPATE IN AN EFFORT TO RESOLVE THE DISPUTE. SHOULD THE EVENT PARTIES MAKE THIS REQUEST, HOLDER AGREES TO ATTEND THIS CONFERENCE (WITH COUNSEL, IF REPRESENTED). SHOULD HOLDER MAKE THE REQUEST, THE EVENT PARTIES AGREE TO HAVE A REPRESENTATIVE ATTEND THIS CONFERENCE (WITH COUNSEL, IF REPRESENTED).

COMPLIANCE WITH THIS “MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS” IS A CONDITION PRECEDENT TO INITIATING ARBITRATION. NEITHER HOLDER NOR THE EVENT PARTIES MAY INITIATE AN ARBITRATION PROCEEDING ABSENT SUCH COMPLIANCE. IF THE SUFFICIENCY OF A NOTICE OF DISPUTE OR COMPLIANCE WITH THIS PROCESS IS AT ISSUE, IT MAY BE DECIDED BY A COURT OF COMPETENT JURISDICTION AT EITHER PARTY’S ELECTION, AND ANY ARBITRATION PROCEEDING SHALL BE STAYED. SUCH COURT SHALL HAVE THE AUTHORITY TO ENFORCE THIS CONDITION PRECEDENT TO AN ARBITRATION PROCEEDING, WHICH INCLUDES THE POWER TO ENJOIN THE FILING OR PROSECUTION OF A DEMAND FOR ARBITRATION AND THE ASSESSMENT AND COLLECTION OF ARBITRATION ADMINISTRATIVE FEES. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO RAISE NON-COMPLIANCE WITH THIS MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS AND SEEK RELIEF IN ARBITRATION.

ANY APPLICABLE LIMITATIONS PERIOD (INCLUDING THE STATUTE OF LIMITATIONS) AND ANY FILING FEE DEADLINES SHALL BE TOLLED WHILE HOLDER AND THE EVENT PARTIES ENGAGE IN THIS MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS IN AN EFFORT TO RESOLVE THE DISPUTE.

SMALL CLAIMS COURT. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND LIMITS OF THE SMALL CLAIMS COURT WHERE HOLDER RESIDES MUST BE BROUGHT IN THAT COURT ON AN INDIVIDUAL BASIS. SUCH DISPUTE MUST REMAIN IN SMALL CLAIMS COURT AND MAY NOT BE REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION.

ARBITRATION PROCEDURES. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS OR SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION TO BE HELD IN THE COUNTY OR PARISH IN WHICH HOLDER RESIDES.

THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND HEARD BY A SINGLE, NEUTRAL ARBITRATOR. THE AAA SHALL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH THE AAA'S APPLICABLE RULES INCLUDING THE SUPPLEMENTARY RULES (“AAA RULES”), AS MODIFIED BY THESE SUPPLEMENTAL TERMS. THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG. IF THE AAA IS UNABLE OR UNWILLING TO ADMINISTER THE ARBITRATION CONSISTENT WITH THESE SUPPLEMENTAL TERMS, THE PARTIES SHALL AGREE ON AN ALTERNATIVE PROVIDER THAT WILL DO SO. IF THE PARTIES CANNOT AGREE, THEY SHALL JOINTLY PETITION A COURT OF COMPETENT JURISDICTION TO APPOINT AN ARBITRATION PROVIDER THAT WILL DO SO.

THE PARTY SEEKING TO INITIATE ARBITRATION MUST PROVIDE THE OTHER PARTY WITH THE DEMAND FOR ARBITRATION AS SPECIFIED IN THE AAA RULES AND THESE ARBITRATION PROVISIONS. IF HOLDER IS INITIATING ARBITRATION, HOLDER SHALL SERVE THE DEMAND ON THE NHL PARTIES BY EMAIL TO [email protected] FOR DISPUTES INVOLVING NHL PARTIES AND TO [email protected] FOR DISPUTES INVOLVING VENUE PARTIES. IF THE NHL PARTIES (OR VENUE PARTIES, AS APPLICABLE), ARE INITIATING ARBITRATION, THE APPLICABLE EVENT PARTY, SHALL SERVE THE DEMAND AT THE EMAIL ADDRESS THAT ON FILE FOR HOLDER, IF ANY. THE DEMAND FOR ARBITRATION MUST BE PERSONALLY SIGNED BY THE PARTY INITIATING ARBITRATION (OR ITS AUTHORIZED REPRESENTATIVE) AND THEIR COUNSEL (IF REPRESENTED). BY SIGNING THE DEMAND FOR ARBITRATION, THAT PARTY (AND THEIR COUNSEL, IF REPRESENTED) SHALL CERTIFY THAT SUCH PARTY HAS COMPLIED WITH (1) THE MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS (AND THEY SHALL ATTACH THE NOTICE OF DISPUTE) AND (2) THE REQUIREMENTS OF FEDERAL RULE OF CIVIL PROCEDURE 11(B), INCLUDING THAT THE CLAIMS AND RELIEF SOUGHT ARE NEITHER FRIVOLOUS NOR BROUGHT FOR AN IMPROPER PURPOSE. THE ARBITRATOR IS AUTHORIZED TO AWARD ANY RELIEF OR IMPOSE ANY SANCTIONS AVAILABLE UNDER FEDERAL RULE OF CIVIL PROCEDURE 11 OR APPLICABLE FEDERAL OR STATE LAW AGAINST ALL APPROPRIATE PERSONS (INCLUDING COUNSEL) AS A COURT WOULD.

THE AAA RULES SHALL GOVERN THE PAYMENT OF ALL ARBITRATION FEES. HOLDER AND THE APPLICABLE EVENT PARTIES AGREE THAT ARBITRATION IS DESIGNED TO BE COST-EFFECTIVE FOR ALL PARTIES. EITHER PARTY MAY ENGAGE WITH THE AAA TO DISCUSS FEE REDUCTIONS AND DEFERRED PAYMENTS. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE EXCEPT THE FOLLOWING, WHICH ARE FOR A COURT OF COMPETENT JURISDICTION TO DECIDE: (1) ISSUES THAT ARE SPECIFICALLY RESERVED FOR A COURT IN THESE SUPPLEMENTAL TERMS AND (2) ISSUES RELATED TO THE SCOPE AND ENFORCEABILITY OF THESE ARBITRATION PROVISIONS.

THE ARBITRATOR MAY AWARD RELIEF, INCLUDING, BUT NOT LIMITED TO, MONETARY, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM; HOWEVER, THE PARTIES ACKNOWLEDGE AND AGREE THAT HOLDER IS PROHIBITED FROM SEEKING ANY EQUITABLE RELIEF TO ENJOIN OR DELAY THE EVENT, OR THE PUBLICATION, EXHIBITION, DISTRIBUTION, EXPLOITATION OR OTHER PROMOTION THEREOF IN ANY MANNER OR MEDIA. THE ARBITRATOR MUST FOLLOW THE SUPPLEMENTAL TERMS AND MAY AWARD THE SAME INDIVIDUALIZED DAMAGES AND RELIEF AS A COURT, INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF NECESSARY TO PROVIDE RELIEF AS TO THE INDIVIDUALIZED CLAIM, EXCEPT AS OTHERWISE SET FORTH ABOVE. THE ARBITRATOR SHALL APPLY THE COST-SHIFTING PROVISIONS OF FEDERAL RULE OF CIVIL PROCEDURE 68 AFTER ENTRY OF AN AWARD. UNLESS HOLDER AND THE EVENT PARTIES OTHERWISE AGREE, ONE HOLDER’S CLAIMS MAY NOT BE CONSOLIDATED WITH THOSE OF ANY OTHER HOLDER. IF A COURT DETERMINES THAT A CLAIM OR REQUEST FOR PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR IT IS OTHERWISE FINAL), HOLDER AND THE EVENT PARTIES AGREE THAT ANY CLAIM OR REQUEST FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED AND RESOLVED BY A COURT PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.

THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING AND SHALL SET FORTH THE ESSENTIAL FINDINGS OF FACT AND LEGAL ANALYSIS. A JUDGMENT TO ENFORCE THE AWARD MAY BE ENTERED BY A COURT OF COMPETENT JURISDICTION, HOWEVER, ANY AWARD THAT HAS BEEN SATISFIED MAY NOT BE FILED OR ENTERED IN COURT. THE DECISION OF THE ARBITRATOR SHALL HAVE NO PRECLUSIVE EFFECT IN ANY PROCEEDING INVOLVING NON-IDENTICAL PARTIES.

EACH PARTY RESERVES THE RIGHT TO REQUEST A TELEPHONIC, VIDEO, OR IN-PERSON HEARING FROM THE ARBITRATOR. HOLDER AND THE EVENT PARTIES' REPRESENTATIVE SHALL PERSONALLY APPEAR AT ANY HEARING ORDERED BY THE ARBITRATOR (ALONG WITH EACH PARTY’S COUNSEL, IF REPRESENTED). FOR CLAIMS OF MORE THAN $25,000 (AND FOR CLAIMS SEEKING INDIVIDUALIZED INJUNCTIVE, EQUITABLE, OR DECLARATORY RELIEF THAT ARE NOT SUBJECT TO SMALL CLAIMS COURT AS SET FORTH ABOVE), A TELEPHONE, VIRTUAL, OR IN-PERSON HEARING SHALL BE HELD AND HOLDER AND THE APPLICABLE EVENT PARTIES REPRESENTATIVE SHALL PERSONALLY APPEAR (ALONG WITH SUCH PARTY’S COUNSEL, IF REPRESENTED). THE PARTIES CAN AGREE TO WAIVE AN IN-PERSON HEARING.

ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE FOLLOWING PROVISIONS SET FORTH ADDITIONAL PROCEDURES THAT APPLY TO MULTIPLE CASE FILINGS. IF FIFTY (50) OR MORE SIMILAR CLAIMS ARE ASSERTED AGAINST THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, BY THE SAME OR COORDINATED COUNSEL OR ARE OTHERWISE COORDINATED (AND HOLDER’S CLAIM IS ONE OF THEM), HOLDER UNDERSTANDS AND AGREES THAT THESE ADDITIONAL PROCEDURES SHALL APPLY AND THE RESOLUTION OF HOLDER’S DISPUTE MIGHT BE DELAYED.

STAGE ONE: COUNSEL FOR THE CLAIMANTS AND COUNSEL FOR THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, SHALL EACH SELECT FIFTY (50) CLAIMS PER SIDE TO BE FILED AND TO PROCEED IN INDIVIDUAL ARBITRATIONS AS PART OF AN INITIAL STAGED PROCESS. ANY REMAINING CLAIMS SHALL NOT BE FILED OR DEEMED FILED IN ARBITRATION, NOR SHALL ANY ARBITRATION FEES BE ASSESSED OR COLLECTED IN CONNECTION WITH THOSE CLAIMS UNLESS AND UNTIL THEY ARE SELECTED TO BE FILED IN INDIVIDUAL ARBITRATION PROCEEDINGS AS PART OF A STAGED PROCESS. IF ANY SELECTED CLAIM IS WITHDRAWN PRIOR TO ADJUDICATION, ANOTHER CLAIM SHALL BE RANDOMLY SELECTED BY THE PARTIES TO BE FILED AND TO PROCEED IN THIS SET OF 100 CLAIMS. AFTER THIS INITIAL SET OF STAGED PROCEEDINGS IS COMPLETED, THE PARTIES SHALL ENGAGE IN A GLOBAL MEDIATION SESSION OF ALL REMAINING CLAIMS WITH A RETIRED FEDERAL OR STATE COURT JUDGE AND THE EVENT PARTIES SHALL PAY THE MEDIATOR’S FEE.

STAGE TWO: IF THE REMAINING CLAIMS ARE NOT RESOLVED AS SET FORTH ABOVE, COUNSEL FOR THE REMAINING CLAIMANTS AND COUNSEL FOR THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, SHALL EACH SELECT SEVENTY-FIVE (75) CLAIMS PER SIDE TO BE FILED AND TO PROCEED IN INDIVIDUAL ARBITRATIONS AS PART OF A SECOND STAGED PROCESS, SUBJECT TO ANY PROCEDURAL CHANGES THE PARTIES AGREE TO IN WRITING FOLLOWING MEDIATION OR THROUGH CONTINUING, GOOD FAITH DISCUSSIONS. ANY REMAINING CLAIMS SHALL NOT BE FILED OR DEEMED FILED IN ARBITRATION, NOR SHALL ANY ARBITRATION FEES BE ASSESSED OR COLLECTED IN CONNECTION WITH THOSE CLAIMS UNLESS AND UNTIL THEY ARE SELECTED TO BE FILED IN INDIVIDUAL ARBITRATION PROCEEDINGS AS PART OF A STAGED PROCESS. IF ANY SELECTED CLAIM IS WITHDRAWN PRIOR TO ADJUDICATION, ANOTHER CLAIM SHALL BE RANDOMLY SELECTED BY THE PARTIES TO BE FILED AND TO PROCEED IN THIS SET OF 150 CLAIMS. AFTER THIS SECOND SET OF STAGED PROCEEDINGS IS COMPLETED, THE PARTIES SHALL ENGAGE IN A GLOBAL MEDIATION SESSION OF ALL REMAINING CLAIMS WITH A RETIRED FEDERAL OR STATE COURT JUDGE, AND THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, SHALL PAY THE MEDIATOR’S FEE.

EACH CASE WITHIN ANY GIVEN STAGE SHALL BE ASSIGNED TO A DIFFERENT, SINGLE ARBITRATOR, UNLESS THE PARTIES OTHERWISE AGREE IN WRITING. IF HOLDER’S CLAIM IS NOT RESOLVED AS PART OF THE STAGED PROCESS SET FORTH ABOVE, EITHER:

OPTION ONE: HOLDER AND THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, MAY, SEPARATELY OR BY WRITTEN AGREEMENT, OPT OUT OF ARBITRATION AND ELECT TO HAVE HOLDER’S CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION CONSISTENT WITH THESE SUPPLEMENTAL TERMS. HOLDER MAY OPT OUT OF ARBITRATION BY PROVIDING AN INDIVIDUAL, PERSONALLY SIGNED NOTICE OF HOLDER’S INTENTION TO OPT OUT TO THE NHL PARTIES BY EMAIL AT [email protected] OR TO THE VENUE PARTIES AT [email protected] (AS APPLICABLE) WITHIN THIRTY (30) DAYS AFTER THE CONCLUSION OF STAGE TWO. THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, MAY OPT HOLDER’S CLAIM OUT OF ARBITRATION BY SENDING AN INDIVIDUAL SIGNED NOTICE OF ITS INTENTION TO OPT OUT TO HOLDER OR HOLDER’S COUNSEL (IF REPRESENTED) WITHIN FOURTEEN (14) DAYS FOLLOWING THE EXPIRATION OF HOLDER’S THIRTY (30) DAY OPT-OUT PERIOD. COUNSEL FOR THE PARTIES MAY AGREE TO ADJUST THESE DEADLINES.

OR

OPTION TWO: IF NEITHER HOLDER NOR THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, ELECT TO HAVE HOLDER’S CLAIM HEARD IN COURT CONSISTENT WITH OPTION ONE, THEN HOLDER AGREES THE CLAIM WILL BE RESOLVED THROUGH CONTINUED STAGED PROCEEDINGS AS SET FORTH BELOW. ASSUMING THE NUMBER OF REMAINING CLAIMS EXCEEDS TWO HUNDRED (200), THEN 200 CLAIMS SHALL BE RANDOMLY SELECTED (OR SELECTED THROUGH A PROCESS AGREED TO BY COUNSEL FOR THE CLAIMANTS AND THE APPLICABLE EVENT PARTIES) TO BE FILED AND TO PROCEED IN INDIVIDUAL ARBITRATIONS AS PART OF A STAGED PROCESS. IF THE NUMBER OF REMAINING CLAIMS IS FEWER THAN 200, THEN ALL OF THOSE CLAIMS SHALL BE FILED AND PROCEED IN INDIVIDUAL ARBITRATIONS. EACH OF THESE 200 CLAIMS SHALL BE ASSIGNED TO A SINGLE, DIFFERENT ARBITRATOR. ANY REMAINING CLAIMS SHALL NOT BE FILED OR DEEMED FILED IN ARBITRATION, NOR SHALL ANY ARBITRATION FEES BE ASSESSED OR COLLECTED IN CONNECTION WITH THOSE CLAIMS UNLESS AND UNTIL THEY ARE SELECTED TO BE FILED IN INDIVIDUAL ARBITRATION PROCEEDINGS AS PART OF A STAGED PROCESS. AFTER EACH SET OF CLAIMS ARE ADJUDICATED, SETTLED, WITHDRAWN, OR OTHERWISE RESOLVED, THIS PROCESS SHALL REPEAT CONSISTENT WITH THESE PARAMETERS. COUNSEL FOR THE PARTIES ARE ENCOURAGED TO MEET AND CONFER, PARTICIPATE IN MEDIATION, AND ENGAGE WITH EACH OTHER AND THE AAA TO EXPLORE WAYS TO STREAMLINE THE ADJUDICATION OF MULTIPLE CLAIMS, INCREASE THE NUMBER OF CLAIMS TO PROCEED AT ANY GIVEN TIME, PROMOTE EFFICIENCIES, CONSERVE RESOURCES, AND RESOLVE THE REMAINING CLAIMS.

ANY RELEVANT LIMITATIONS PERIOD AND FILING FEE OR OTHER DEADLINES SHALL BE TOLLED SUBJECT TO THESE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS FROM THE TIME THE FIRST CLAIMS ARE SELECTED FOR A STAGED PROCESS UNTIL HOLDER’S CLAIM IS SELECTED TO PROCEED AS PART OF A STAGED PROCESS OR IS SETTLED, WITHDRAWN, OTHERWISE RESOLVED, OR OPTED OUT OF ARBITRATION.

A COURT OF COMPETENT JURISDICTION SHALL HAVE THE AUTHORITY TO ENFORCE THESE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS AND, IF NECESSARY, TO ENJOIN THE MASS FILING, PROSECUTION, OR ADMINISTRATION OF ARBITRATIONS AND THE ASSESSMENT AND COLLECTION OF ARBITRATION FEES. IF THESE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS APPLY TO HOLDER’S CLAIM, AND A COURT OF COMPETENT JURISDICTION DETERMINES SUCH PROCEDURES ARE NOT ENFORCEABLE AS TO HOLDER’S CLAIM, THEN HOLDER’S CLAIM SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION CONSISTENT WITH THESE SUPPLEMENTAL TERMS.

OPT OUT OF FUTURE CHANGES. 

IF THE EVENT PARTIES MAKE ANY FUTURE CHANGES TO THE ARBITRATION PROVISIONS SET FORTH IN THESE SUPPLEMENTAL TERMS (OTHER THAN A CHANGE TO THE NOTICE ADDRESS), HOLDER MAY REJECT ANY SUCH CHANGE BY SENDING THE EVENT PARTIES A PERSONALLY SIGNED, WRITTEN NOTICE OF HOLDER’S DECISION TO OPT OUT OF THOSE CHANGES BY EMAIL TO [email protected] (OR TO [email protected] FOR VENUE PARTIES, AS APPLICABLE) WITHIN THIRTY (30) DAYS OF NOTICE OF THE CHANGE AND INCLUDE HOLDER’S FULL NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS, AND A DESCRIPTION OF WHEN AND HOW HOLDER INTERACTED WITH THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE. SUCH OPT OUT MUST BE SENT BY HOLDER PERSONALLY, AND NOT BY HOLDER’S AGENT, ATTORNEY, OR ANYONE ELSE PURPORTING TO ACT ON HOLDER’S BEHALF. IT MUST INCLUDE A STATEMENT THAT HOLDER WISHES TO REJECT THE CHANGE TO THE ARBITRATION PROVISIONS. THIS IS NOT AN OPT OUT OF ARBITRATION ALTOGETHER.

CLASS ACTION WAIVER AND JURY TRIAL WAIVER. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), HOLDER AND THE EVENT PARTIES, AS APPLICABLE AGREE THAT:

1. ANY PARTY MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT HOLDER AND THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE, MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR GROUP AND MAY NOT BRING A CLAIM ON BEHALF OF ANY OTHER PERSON UNLESS DOING SO AS A PARENT, GUARDIAN, OR WARD OF A MINOR OR IN ANOTHER SIMILAR CAPACITY FOR AN INDIVIDUAL WHO CANNOT OTHERWISE BRING THEIR OWN INDIVIDUAL CLAIM(S). THIS ALSO MEANS THAT HOLDER AND THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, HOLDER OR THE NHL PARTIES OR VENUE PARTIES, AS APPLICABLE MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT; AND
2. HOLDER AND THE EVENT PARTIES EACH WAIVES ANY RIGHT TO A JURY TRIAL.

CHOICE OF LAW AND VENUE. 

SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THESE SUPPLEMENTAL TERMS AND ANY DISPUTES BETWEEN HOLDER AND THE EVENT PARTIES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS.

UNLESS HOLDER AND THE EVENT PARTIES OTHERWISE AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE STATE AND FEDERAL COURTS OF NEW YORK COUNTY, NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES BETWEEN HOLDER AND THE EVENT PARTIES (EXCEPT FOR DISPUTES BROUGHT IN SMALL CLAIMS COURT) THAT ARE NOT SUBJECT TO ARBITRATION OR OVER ANY ACTION INVOLVING THE APPLICABILITY OR ENFORCEABILITY OF ANY PROVISIONS OF THESE SUPPLEMENTAL TERMS (INCLUDING THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER). HOLDER AND THE EVENT PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTIONS AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS DUE TO INCONVENIENT FORUM OR ANY OTHER BASIS TO SEEK TRANSFER OR CHANGE VENUE OF SUCH ACTION TO ANOTHER COURT.

SAFETY WARNING AND RELEASE

WARNING! DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS STILL MAY FLY INTO THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR. STAY ALERT AT ALL TIMES INCLUDING DURING WARMUP AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK USHER FOR DIRECTIONS TO MEDICAL STATION. 

HOLDER, ON BEHALF OF THEMSELVES AND ANY ACCOMPANYING PARTIES, INCLUDING MINOR(S), VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY LOSS AND PERSONAL INJURY, ILLNESS AND ALL OTHER HAZARDS RELATED TO ATTENDING THE EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY, THE DANGER OF INJURY BY HOCKEY PUCKS, STICKS AND OTHER EQUIPMENT, BY SPECTATORS OR PLAYERS, OR BY THROWN OBJECTS, AS WELL AS EFFECTS RELATED TO INFECTIOUS AND/OR COMMUNICABLE DISEASES (INCLUDING, HUMAN CORONAVIRUSES) OR OTHER ILLNESSES, AND AGREES THAT THE NHL PARTIES, THE NATIONAL HOCKEY LEAGUE PLAYERS ASSOCIATION (INCLUDING CURRENT AND FORMER PLAYERS, (“NHLPA”)), THE VENUE PARTIES, THE MLB PARTIES, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, AGENCIES, DEPARTMENTS, SUBDIVISIONS, RELATED ENTITIES, OWNERS, GOVERNORS, TRUSTEES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, PRINCIPALS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) ARE EXPRESSLY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATING TO SUCH CAUSES OR OTHERWISE OCCURRING AT OR IN CONNECTION WITH THE EVENT, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY CLAIMS ARISING FROM OR RELATING TO THE NEGLIGENCE OF ANY RELEASED PARTIES.

COMPLIANCE WITH EVENT POLICIES

HOLDER SHALL REVIEW CAREFULLY, AND ABIDE BY, THE POLICIES OF THE NHL PARTIES AND THE VENUE PARTIES, INCLUDING WITHOUT LIMITATION THE LEAGUE FAN CODE OF CONDUCT, THE FAN GUIDE FOR THE EVENT, VENUE SECURITY PROCEDURES (INCLUDING INSPECTION OF PERSONS AND PROPERTY BY METAL DETECTION, BAG CHECK AND OTHERWISE), AND ANY VENUE RULES, PROTOCOLS, OR PROCEDURES THE NHL PARTIES OR THE VENUE PARTIES MAY REQUIRE COMPLIANCE WITH OR VERIFICATION OF PRIOR TO OR AS A CONDITION OF ADMISSION TO THE VENUE, AS APPLICABLE (COLLECTIVELY THE “EVENT POLICIES”). NHL AND/OR VENUE RESERVES THE RIGHT TO REFUSE ADMISSION TO OR EJECT ANY PERSON THAT FAILS TO ABIDE BY ANY EVENT POLICIES, WHICH MAY BE MODIFIED WITHOUT NOTICE. EXCEPT AS SPECIFICALLY PROVIDED IN THE DISPUTE RESOLUTION SECTION OF THESE SUPPLEMENTAL TERMS, IN THE EVENT ANY PROVISION OF THESE SUPPLEMENTAL TERMS SHALL BE DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY A COURT OR ARBITRATOR, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.

NAME/LIKENESS RELEASE

BY USING A TICKET TO ATTEND THE EVENT, EACH HOLDER, ON BEHALF THEMSELVES AND ANY ACCOMPANYING PARTIES, INCLUDING MINOR(S), GRANTS THE NHL PARTIES AND EACH OF THEIR RESPECTIVE AFFILIATES PERMISSION TO RECORD THEIR IMAGE, NAME, VOICE, LIKENESS, ACTIONS AND/OR STATEMENTS IN ANY IMAGE, FOOTAGE, OR DISPLAY, WHETHER LIVE OR RECORDED, WHICH MAY BE TAKEN AT THE EVENT OR IN AND AROUND THE VENUE, AND TO THE USE OF SAME BY THE NHL PARTIES AND EACH OF THEIR RESPECTIVE AFFILIATES AT ANY TIME, FOR ANY PURPOSE (INCLUDING ADVERTISING OR PROMOTIONAL PURPOSES), AND IN ANY MEDIA NOW KNOWN OR SUBSEQUENTLY DEVELOPED WITHOUT ADDITIONAL COMPENSATION.

UNAUTHORIZED COMMERCIAL USE OF TICKET/UNAUTHORIZED TRANSMISSION

TICKETS MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING CONTESTS AND SWEEPSTAKES) OR OTHER COMMERCIAL PURPOSES WITHOUT PRIOR WRITTEN CONSENT OF NHL. ANY NON-EDITORIAL OR COMMERCIAL USE OF ANY NHL MARK, NHL MEMBER CLUB MARK, OR VENUE MARK IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF NHL OR THE VENUE PARTIES, AS APPLICABLE. ANY UNAUTHORIZED TRANSMISSION, PICTURE OR OTHER DEPICTION OR DESCRIPTION OF THE EVENT, INCLUDING, ANY GAME ACTION, GAME INFORMATION OR OTHER VENUE ACTIVITY IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF NHL.

PRIVACY NOTICE

THE NHL WINTER CLASSIC IS A LEAGUE EVENT FEATURING THE CHICAGO BLACKHAWKS AND THE ST. LOUIS BLUES (COLLECTIVELY, THE “PARTICIPATING CLUBS”). BY PURCHASING, RECEIVING OR USING A TICKET, HOLDER ACKNOWLEDGES AND AGREES THAT HOLDER’S CONTACT INFORMATION AND TICKET SALES DATA (EXCLUDING FOR CLARITY, ANY PAYMENT CARD INFORMATION) WILL BE COLLECTED AND SHARED AMONG THE PARTICIPATING CLUBS AND THE LEAGUE FOR THEIR RESPECTIVE USE IN ACCORDANCE WITH THEIR RESPECTIVE PRIVACY POLICIES. PLEASE SEE THE PRIVACY POLICIES OF THE CHICAGO BLACKHAWKS AND THE ST. LOUIS BLUES, AND THE NHL.COM PRIVACY POLICY, FOR MORE INFORMATION. WITHOUT LIMITING THE FOREGOING, NHL MAY USE THIS INFORMATION TO BETTER UNDERSTAND FAN ENGAGEMENT ACROSS THE LEAGUE, INCLUDING USING AND SHARING INSIGHTS WITH MEMBER CLUBS TO ENABLE NHL (INCLUDING THE LEAGUE AND NHL ICE) AND THE MEMBER CLUBS TO CUSTOMIZE AND IMPROVE THEIR SERVICES, ADVERTISING AND COMMUNICATIONS; CLICK HERE TO LEARN MORE ABOUT THE LEAGUE’S PRIVACY PRACTICES AND CLICK HERE FOR YOUR CHOICES.

EXCEPT AS OTHERWISE SET FORTH HEREIN, NHL RESERVES THE RIGHT TO MODIFY ANY PROVISIONS OF THESE SUPPLEMENTAL TERMS WITHOUT NOTICE. FURTHERMORE, THE NHL PARTIES AND THE VENUE PARTIES RESERVE THE RIGHT TO MODIFY ANY EVENT POLICIES WITHOUT NOTICE.