THESE TERMS AND CONDITIONS CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION, AVAILABLE ON MLSSOCCER.COM, THAT INCLUDES A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE DISPUTE RESOLUTION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. PLEASE REVIEW THESE TERMS CAREFULLY.

1. Program Purpose. The New York City FC City Rewards Program (“Program”) is a loyalty program that rewards NYCFC fans for interacting and engaging with NYCFC. The Program is free to join through the “New York City FC” application (available on the App Store and Google Play Store) (“App”) and allows fans to collect and earn points for activities like downloading the App, attending matches and more. Program members can redeem earned points for merchandise discounts and other rewards.
2. Program Participation and Eligibility.
   1. The Program is offered at the sole discretion of New York City FC (the “Club”, “we”, “our” or “us”). Participation in the Program is subject to these Terms and Conditions (“Terms and Conditions”) and any other rules, regulations, policies and procedures of the Club. For the avoidance of doubt, the Terms of Service, *available here*, and Privacy Policy, *available here*, which are incorporated herein by reference, shall apply to and govern this website, the App, and the Program, and to the extent there is any conflict with either the *Terms of Service* and *Privacy Policy*, with respect to such conflicting terms, these Terms and Conditions shall control.
   2. Participation in the Program by any individual (individually and collectively, “you” or “Member”) constitutes consent to these Terms and Conditions. By participating in the Program you: (i) agree to be legally bound by these Terms and Conditions, (ii) acknowledge that you have read and understand these Terms and Conditions, and (iii) represent that you are at least eighteen years of age. If you do not wish to abide by these Terms and Conditions, then do not participate in the Program.
   3. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you by updating this page. Your participation in the Program following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to regularly review these Terms and Conditions.
3. Program Enrollment.
   1. Except as otherwise provided in these Terms and Conditions, the Program is available to anyone who (i) downloads the App on their device and (ii) has a Ticketmaster account. In order to become a Member and begin accruing points in the Program, eligible individuals are required to (a) create a profile on the App and (b) link their active Ticketmaster account to their profile in the App.
   2. Use of the App may entail message, data and other charges from your mobile service provider. Subject to the provisions of Section 9 (Limitation of Liability), we are not responsible for any data charges or other costs associated with use of the App or participation in the Program. The App gives you on-the-go access to your current points balance and rewards. It also allows you to track your progress toward future rewards and to keep track of earned rewards and their expiration dates.
   3. You are solely responsible for maintaining the accuracy of your App profile information and for updating your profile information as required through the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password, and you accept responsibility for all activities that occur under your profile. If you believe that your profile is no longer secure, then you must immediately notify us by contacting customer service at loyalty@nycfc.com.
   4. A Member can only have a single profile on the App associated with a single email address and single Ticketmaster account. In the event of a dispute over the identity of the Member enrolled in the Program, the Member will be deemed to be the authorized account holder of the email address provided at the time the profile was created, as determined by us in our sole discretion.\
4. Program Benefits.
   1. By maintaining a profile on the App, you can begin to earn points that you can redeem for various rewards (“Points”). You must be logged in with your profile on the App in order to earn Points. You can find a list of all the qualifying ways you can earn points on the “Earn” tab on the Program page in the App and *here* (examples may include: a daily loyalty bonus, attending a match, referring a friend to the Program). We reserve the right to update the ways you can earn points and the number of points that can be earned by each action in our sole discretion at any time without notice to you, including to remove or add any actions that can earn Points. Actions that earn Points can be one-time (e.g., download the App) or recurring (e.g., referring a friend). We recommend that you check the App from time to time to see the current ways to earn Points. Once you complete a qualifying action, within a reasonable time, the Points that you earn will be deposited into a Points balance on the App and you can view your current Points balance through the App at any time. Any unused Points in your Points balance at the end of the calendar year will automatically roll over to the subsequent year, provided that you only can have up to a maximum of 50,000 Points in your Points balance at any time. If you have 50,000 Points in your Points balance, completing any more qualifying activities will not earn you any more Points. Points cannot be transferred to any other individual, whether they are Members or non-Members. Points may not be used for any other purpose other than to redeem Rewards. We do not make Points available for purchase.
   2. To earn Points though actions that involve attending matches, you must hold the ticket for the match through the Ticketmaster account that is linked to your profile on the App, and you must scan that same ticket to attend the match.
   3. You can redeem Points for various rewards (“Rewards”). You can find a list of all the potential Rewards and the number of Points required for each Reward on the “Rewards” tab on the Program page on the App and *here* (examples may include: a discount on merchandise, free tickets to matches, ticket upgrades, autographed merchandise). We reserve the right to update the Rewards available and the number of Points required to redeem a Reward in our sole discretion at any time without notice to you, including to add or remove any Rewards. We recommend that you check the App from time to time to see the current available Rewards.
   4. Certain Rewards are only available in limited quantities on a “first-come, first-serve” basis or for a limited time, or in limited quantities for a limited time). If inventory of a Reward runs out, we have no obligation to make the same Reward available again. We are not required to make all Rewards available to all Members. Certain Rewards are only available to “City Members” of the Club. Any City Member status will be viewable in the App.
   5. In order to redeem a Reward, you are required to select it on the App. Specific instructions regarding each Reward are available in the App. Once you redeem a Reward, you will be notified by email whether you are required to take any additional steps to activate your Reward. Once you redeem a Reward in the App, the number of Points required for that Reward will automatically be deducted from your Points balance, even if the Reward is an experience that will occur at a later date or the Reward is for merchandise that you will collect at a later date. We reserve the right to place limits on the number of a certain Reward that you can redeem.
   6. If you believe that Points or a redeemed Reward were not properly applied or were improperly applied to your account, you should contact us at loyalty@nycfc.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. We do not guarantee that we will debit or credit your account with any Points or Rewards.
   7. You can review prior Rewards that were redeemed through the “Transactions” tab on the Program page on the App.
   8. In the event you have redeemed Points for a Reward that is a physical item, once you have possession of the item, you can transfer it to any other individual in your sole discretion. In the event you have redeemed Points for a Reward that is an experience that requires attendance or participation by one or more individuals, you will be contacted by email to coordinate attendance or participation of the individuals. You are not required to attend or participate in the experience, even if you redeemed the Reward.
5. Program Communications.
   1. By enrolling in the Program, you consent to receiving Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.
   2. You may opt-out of receiving Program-related emails (including Program marketing emails) at any time by following the instructions provided in the email and as otherwise provided in the *Privacy Policy*. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you and this information will only be available through the App or by contacting us at loyalty@nycfc.com. If you do not want to receive any communications from the Club, please request a termination of your Program membership and App account and cease participating in the Program.
6. Termination and Modification.
   1. The Program and Rewards are offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms and Conditions, the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of Points already earned or the ability to redeem Rewards. Continued participation in the Program following posting of updated or modified Terms and Conditions constitutes your acceptance of those Terms as updated and modified.
   2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected or actual: abuse of the Program, failure to comply with any Terms and Conditions, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and Conditions, or that is otherwise detrimental to us or our interests, including without limitation, any suspected or actual illegal, fraudulent or other unauthorized use of any Points or Rewards (all as determined by us in our sole discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any Rewards in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms and Conditions, we reserve the right to take appropriate legal action.
7. Reservation of Rights. The Club reserves all rights, remedies, powers, recourses and privileges related to this Program at law or in equity; all such rights, remedies, powers, recourses and privileges are and shall remain in full force and effect and enforceable by the Club at law or in equity.
8. Disclaimers
   1. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS APPLICABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS AND VENDORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. NEITHER WE NOR OUR AFFILIATES, LICENSORS OR VENDORS, WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE PROGRAM IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE PROGRAM WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PROGRAM OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE PROGRAM YOUR SOLE RISK.
   2. Points and Rewards have no monetary value and, except as set forth herein, are non-transferable, and are awarded at our sole discretion. You have no property rights in or to any Points or Rewards. Points and Rewards credited to your Program account may be decreased or reversed, as applicable, if we believe you are taking actions that we deem to be abusive of the Program or offensive, untrue, libelous, illegal or fraudulent, or if Points are otherwise obtained through other activity that violates these Terms and Conditions or applicable law, in each case as determined by us or suspected by us, in our sole discretion. Products or services received as Rewards cannot be exchanged or returned for other Rewards, another product or service or for a monetary refund. The sale, barter, transfer, or assignment of any Points or Rewards offered through the Program, other than by us or as expressly permitted by us, is expressly prohibited.
   3. You agree and acknowledge that the products and services available as Rewards are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any Rewards to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions or which may violate applicable law.
   4. We are not responsible for Rewards lost or redeemed due to fraudulent activity by you or any third party.
9. Limitation of Liability
   1. UNDER NO CIRCUMSTANCES WILL WE, MAJOR LEAGUE SOCCER, L.L.C. (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), PRO SOCCER DEVELOPMENT, LP (“MLSNP”), AND PLAYER DEVELOPMENT, LLC (“PDEV” AND TOGETHER WITH MLS, SUM, AND MLSNP, COLLECTIVELY, THE “MLS ENTITIES”), OR OUR AFFILIATES, LICENSORS OR VENDORS, TOGETHER WITH OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS, BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE PROGRAM, OR THE USE OR INABILITY TO USE THE PROGRAM OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR AFFILIATES, LICENSORS OR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE PROGRAM EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ACCESSING OR PARTICIPATING IN THE PROGRAM, IF ANY.
   2. THE LIMITATIONS IN THIS SECTION 9 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Indemnification.
    1. You hereby agree to indemnify and hold us, the MLS Entities and each of our past, present and future parent, affiliates, subsidiaries, licensors and vendors, together with our and their employees, agents, directors, officers or shareholders harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use or misuse of the Program, including, without limitation, use or misuse of Points or Rewards; (ii) any breach or alleged breach of these Terms and Conditions by you; and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Program.
    2. You shall not settle any such claim without our prior written consent. For clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive any termination of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate in connection with the defense of those claims.
11. Miscellaneous.
    1. These Terms and Conditions constitute the entire agreement between us and you, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. The section headings in these Terms and Conditions are for convenience only and must not be given any legal import. Except as otherwise specifically provided herein, if any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Club’s failure to enforce any provisions of these Terms and Conditions or respond to a breach by you or another user shall not serve to waive the Club’s right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.
12. The MLS Entities are not sponsors or administrators of this Program and are in no way responsible or liable for the administration of this Program. All trademarks used are the property of their respective owner(s) and are used for prize description purposes only.