Terms and Conditions for My Red Sox Tickets

These Terms and Conditions (this “Agreement”) set forth the terms, obligations, restrictions and limitations governing your use of the Boston Red Sox (the “Red Sox”) online ticketing functionality (“My Red Sox Tickets”), including the “Red Sox Replay” Services which allow you to sell your admission tickets to Red Sox Major League Baseball (“MLB”) games and other events, as well as any applicable add-ons, e.g., parking (your “Tickets”) directly to other end users and/or to purchase Tickets directly from other end users (the “Marketplace Services” and the locations through which such Services are available, the “Marketplace”).  My Red Sox Tickets and the Marketplace Services included therein are “Services” pursuant to the redsox.com Terms of Use available at http://boston.redsox.mlb.com/bos/help/bos_help_about_terms.jsp. This Agreement covers any platform, including without limitation the desktop version (the “Full Site”), the mobile optimized version (the “Mobile Site”) and any mobile application(s) (if any) on or through which the Marketplace is made available to you by the MLB Entities (as defined in the redsox.com Terms of Use available at http://boston.redsox.mlb.com/bos/help/bos_help_about_terms.jsp) (collectively, the “Site”).

By using these Services, you acknowledge that you have read, understand expressly agree to comply and be bound by the terms of the following:  (i) this Agreement; (ii) the redsox.com Terms of Use available at http://boston.redsox.mlb.com/bos/help/bos_help_about_terms.jsp (as amended by this Agreement), including, without limitation, those terms related to security breaches and inappropriate behavior and abusive language; (iii) the redsox.com Privacy Policy available at  http://boston.redsox.mlb.com/bos/help/bos_help_about_privacy.jsp; (iv) the terms and conditions associated with any Tickets (e.g., printed on the Ticket, made available at the point of purchase, and/or available online at http://boston.redsox.mlb.com/bos/ticketing/ticket_policies.jsp) with respect to Red Sox game Tickets you plan to offer for sale or purchase through the Marketplace, and (v) any terms and conditions presented to you within the Marketplace or otherwise applicable to your use of the Marketplace, all of which are incorporated by this reference as if fully set forth herein.  Further, by using these Services, you expressly agree to comply with all applicable local, state, federal and international laws, statutes and regulations, including, without limitation, those related to the selling of tickets and the value of any tickets sold. You acknowledge that by using the Marketplace Services and entering into this Agreement, you are creating a valid, binding and enforceable legal agreement among you and the applicable MLB Entities. The applicable MLB Entities may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms and Conditions on the Site. You agree that your continued use of the Services following any such revision, modification or amendment will constitute your agreement to the then-current version of this Agreement. The MLB Entities may suspend or terminate your My Red Sox Tickets account if you are not qualified to use the Services, if you breach this Agreement, for any reason or no reason as determined by the MLB Entities in their sole discretion to the maximum extent permitted by applicable law.

I. Marketplace Services
By using the Marketplace Services, you agree that your use will be subject to and in accordance with the following terms and conditions and, where applicable, you represent the same to be true:

1. Eligibility and Registration. If you wish to list a Ticket for sale using the Marketplace Services, or to purchase a Ticket from another end user using the Marketplace Services, you must first login or register with My Red Sox Tickets at www.redsox.com/mytickets. Prospective buyers can browse available Tickets without creating an account and will be prompted to login or create an account when proceeding to complete a Ticket purchase. You must be at least 18 years of age (or the age of majority in your jurisdiction) to create a My Red Sox Tickets account. By registering with My Red Sox Tickets and using the Marketplace Services, you are representing that you are at least 18 years of age or the age of majority in your jurisdiction.

2. Accuracy of Information. By using the Marketplace Services, you represent and warrant that any information you provide to the MLB Entities and/or to other Marketplace users hereunder is true and accurate in all respects. None of the MLB Entities guarantees the truth or accuracy of any statements or representations made by users of the Marketplace Services, and none of the MLB Entities will be liable or bear any responsibility for the accuracy or completeness of any information within Marketplace Services to the maximum extent permitted under applicable law.

3. Specific Terms Governing Selling Tickets Through Red Sox Replay Tickets. If you offer a Ticket for sale within the Marketplace, you agree to be bound by the following terms:

  1. Authorized Ticket Holders. By posting Tickets for sale, you represent and warrant that such Tickets are valid and that you are the authorized holder of the Tickets and have obtained such Tickets in accordance with applicable law, the Red Sox Terms of Use available at http://boston.redsox.mlb.com/bos/help/bos_help_about_terms.jsp, the terms and conditions associated with such Tickets (e.g., as set forth in any license agreement between you and the Red Sox for the use of such tickets and/or those terms printed on the Ticket, made available at the point of purchase and/or available online at http://boston.redsox.mlb.com/bos/ticketing/ticket_policies.jsp with respect to Red Sox game Tickets and any other applicable terms and conditions governing your Tickets). In the event of any sale or attempted sale of fraudulent, stolen, invalid or otherwise unauthorized Tickets within the Marketplace, the MLB Entities reserve the right to take appropriate administrative action and/or legal action, including, but not limited to, the seller's permanent loss of eligibility to use My Red Sox Tickets and/or the revocation of the seller's season Ticket account (if any).
  2. Available Tickets. You can resell any valid Tickets authorized by the Red Sox within the Marketplace. If you wish to place any Ticket(s) not already associated with your My Red Sox Ticket Account for sale on the Marketplace, please contact Red Sox Replay customer service by calling 877-REDSOX9 or emailing redsoxreplay@redsox.com.
  3. Seller and Buyer. You agree that when you use the Marketplace Services in order to sell any Tickets, each of those transactions is between you and other users of the Marketplace Services, as applicable, and that none of the MLB Entities are parties to any such transaction. The sole role of the MLB Entities is to provide the technology to facilitate the sale of your Tickets to other end users through the Marketplace. None of the MLB Entities is acting as an agent for either the buyer or seller.
  4. Responsibility for Legal Compliance. As the seller, you are solely responsible for complying with any and all applicable laws in the applicable jurisdiction(s) governing the resale of live event tickets. When reselling your Tickets within the Marketplace, it is your responsibility to comply with all applicable local, state, federal and international laws, statutes and regulations.  Certain U.S. states, Canadian provinces, and municipalities have ticket resale regulations that differ by location and may apply to reselling your Tickets with the Marketplace.  For example, some laws may require you to be a licensed reseller, regulate the resale price or to provide certain disclosures (e.g., without limitation, Mass. Gen. Laws. ch. 140, §§ 185A-185G, available as of the date this Agreement was posted at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/scalping.html).  It is your responsibility to check the applicable laws where you reside, and of the location where the event for which you wish to sell Tickets is located, to determine if any of these laws or other laws apply to you or the Tickets you are listing within the Marketplace.  To the maximum extent permitted by applicable law, the MLB Entities shall not be responsible for any Marketplace user’s failure to comply with any applicable local, state, federal, provincial or other laws and regulations. 
  5. Pricing Tools. The Marketplace Services may offer certain tools and information to help you determine the price you want to charge for your Tickets, including information about prices being charged by other sellers for similar Tickets. These Services are offered for your information and convenience only. You are solely responsible for using the tools made available within the Marketplace to set the price you want to charge for your Tickets and for ensuring that the price you set does not violate any applicable law. For additional information about the available pricing tools, including which tools are available from the Mobile Site, please visit the FAQ section of www.redsoxreplay.com.  
  6. Donations. You may elect to donate your Tickets and any unsold Tickets to the Boston Red Sox Foundation, the official team charity of the Boston Red Sox. If you would like to automatically donate unsold Tickets to the Red Sox Foundation, select the auto-donate option when posting Tickets for sale.  If you select the auto-donate option your offer will expire 72 hours before game time and your Tickets will automatically be donated to the Red Sox Foundation. As a 501(c)(3) nonprofit (tax ID #33-1007984), your Ticket donations to the Red Sox Foundation are tax-deductible up to the full face value of the donated Tickets and you will receive an acknowledgement letter from the Red Sox Foundation. If you donate Tickets for an event that is cancelled and not rescheduled as set forth herein, the donation will be cancelled and you will not be entitled to a tax deduction.
  7. Service and Other Charges. The MLB Entities reserve the right to charge service or convenience or similar charges to buyers and sellers in consideration of the MLB Entities’ provision of the Marketplace Services. The specific fee schedule can be found on the FAQ section of www.redsoxreplay.com.  There is no charge to sellers listing tickets that do not sell. The MLB Entities may change the fees, vary fees, offer reduced fees or waive fees in its sole discretion.  Seller’s fees, if any, will be disclosed to you when you post your Ticket(s) for sale within the Marketplace and buyer’s fees will be disclosed before purchases of Tickets are completed in the Marketplace.
  8. Title to Sold Tickets. After you have posted a Ticket using the Marketplace Services and a buyer has completed the transaction, title to the Ticket will automatically be transferred directly to the buyer from you. None of the MLB Entities will ever take title to a Ticket during the course of a Ticket transaction. A Ticket sale is complete when a buyer successfully renders payment for a Ticket using the Marketplace Services. When a seller posts a Ticket for sale within the Marketplace Services, the seller is authorizing the MLB Entities to invalidate the barcode imprinted on that Ticket and to issue a new Ticket to the buyer with a replacement barcode upon completion of the sale. The sales price of the Ticket set by the seller and any other applicable fees and charges will be charged to the buyer's credit card upon completion of the sale. All Ticket sales are final and cannot be revoked by the seller or the buyer within the Marketplace.
  9. Timing of Payment. Should your Tickets sell, the “Total Amount You Will Receive If Sold” shown when you list your Tickets for sale in the Marketplace will be applied to your Red Sox account and can be applied toward a future season ticket renewal, as applicable.  For postseason Ticket sales, your account credit will not be available until the game has been played. If you prefer to receive a physical check, please contact Red Sox Replay customer service by calling 877-REDSOX9 or emailing redsoxreplay@redsox.com.  For season Ticket holders, the “Per Order Fee” shown when you post your Tickets for sale in the Marketplace will be stored as an account credit and will be available to be applied toward your season Ticket renewal for the following season.
  10. No Use of Sold Tickets. After a Ticket is sold using the Marketplace Services, the barcode on the original Ticket will be deactivated and it will no longer be valid for any purpose, including admission to the game designated on that Ticket.  Attempted use of deactivated Tickets to gain venue entry may result in penalties determined by the MLB Entities in their sole discretion, which penalties may result in, by way of example, the seller's permanent loss of eligibility to use My Red Sox Tickets, the revocation of the seller's season Ticket account (if any) and potentially other penalties, up to and including legal action, as may be determined by the MLB Entities. None of the MLB Entities will be liable for any damage, loss or claim relating to anyone's use or attempted use of any deactivated Ticket.
  11. Cancelled Events. If an event is cancelled and not rescheduled as set forth below with respect to MLB game Tickets, the applicable Ticket sale via the Marketplace will be cancelled. In this event, the Red Sox will charge the payment card on file for the seller an amount equal to the proceeds received by the seller from the buyer via the Marketplace for the applicable Ticket(s).  If the seller’s payment card cannot be charged for any reason, the seller’s account with the Red Sox may have a balance due equal to the proceeds received by the seller from the buyer via the Marketplace for the applicable Ticket(s) and the Red Sox reserve the right to undertake to collect any such amounts as determined by the Red Sox in the Red Sox sole discretion to the extent permitted under applicable law. For additional information, contact Red Sox Replay customer service by calling 877-REDSOX9 or emailing redsoxreplay@redsox.com.
  12. Taxes. The MLB Entities do not collect taxes on any Marketplace transactions.  Sellers are solely responsible for all taxes applicable to their sale of Tickets using the Marketplace Services, including determining, collecting and remitting any and all applicable municipal, state, federal or international taxes that may be owed in connection with your Ticket sales.   Pursuant to Internal Revenue Service (“IRS”) regulations, Red Sox may be required to issue you tax documentation if your total annual Ticket sales exceed IRS thresholds which are subject to change ($20,000 and a combined total of over 200 sales during any calendar year as of date this Agreement was posted).   Sellers may be required to provide additional information, such as a social security number or EIN, to enable the provision to you of tax documentation. The MLB Entities will never request your social security number via email. Sellers agree to provide the applicable MLB Entities with your social security number, EIN or other tax identification number if necessary for the MLB Entities to provide information to the IRS or other tax authorities related to Seller’s Ticket sales and further authorize the applicable MLB Entities to release that information to the IRS or other tax authority. Please note that you may be prohibited from conducting additional transactions until you have provided the necessary information for the applicable MLB Entity.
  13. No Warranties. Without limiting the terms of the redsox.com Terms of Use available at http://boston.redsox.mlb.com/bos/help/bos_help_about_terms.jsp governing your use of the Marketplace Services, for the avoidance of doubt, the MLB Entities do not warrant that the Tickets you post for sale within the Marketplace will appear to buyers within any particular timeframe, or at all, or that any such Tickets will be sold. All risks associated with the offering of Tickets using the Marketplace Services rests with the seller, including but not limited to any losses resulting from mistakes, made by you or any third party you authorize to sell tickets on your behalf when listing Tickets in the Marketplace.   

4. Specific Terms Governing Buying Tickets Through Red Sox Replay Tickets. If you buy a Ticket within the Marketplace, you agree to be bound by the following terms:

  1. Ticket Seller. You understand that you are buying your Ticket(s) from the seller(s) and not from the Red Sox or any of the MLB Entities. None of the MLB Entities is the seller of any Ticket that you purchase using the Marketplace Services. The sole role of the MLB Entities is to provide the technology to facilitate the sale of a Ticket to you through the Marketplace. None of the MLB Entities is acting as an agent for either the buyer or seller. All title, rights and obligations with respect to any Ticket will pass directly from the seller to you upon completion of a Ticket purchase. To the maximum extent permitted by applicable law, the MLB Entities disclaim any and all liability for the Marketplace except to the extent expressly set forth in the Guarantee. All Ticket sales are final and cannot be revoked by the seller or the buyer within the Marketplace.
  2. Prices. All prices are set by the seller and may be above face value. None of the MLB Entities assume any responsibility or liability for any Tickets offered for sale via the Marketplace except as expressly set forth in the Guarantee.
  3. Service and Other Charges. The MLB Entities reserve the right to charge service or convenience charges to buyers and sellers in consideration of the MLB Entities’ provision of the Marketplace Services. The specific fee schedule can be found on the FAQ section of www.redsoxreplay.com. Buyers will always see the total amount to be paid prior to completing any transaction.
  4. Receiving your Tickets. When you complete your purchase of Ticket(s), the MLB Entities will cancel the barcode(s) on the seller’s original Ticket(s) and issue new barcode(s) to you on the seller’s behalf. You have the option of printing your tickets at home or accessing your tickets via a mobile device.  Upon completion of the transaction, you will receive a confirmation email with details regarding when and how your Tickets will be delivered.
  5. Cancelled Events. If an event is cancelled after you complete your purchase of a Ticket to that event and not rescheduled as set forth below with respect to MLB game Tickets, the sale will be cancelled and the Red Sox will issue a refund to the buyer of the price paid for the Tickets less applicable fees. For additional information, contact Red Sox Replay customer service by calling 877-REDSOX9 or emailing redsoxreplay@redsox.com.
  6. Rescheduled MLB Games. If an MLB game is rescheduled after you purchase a Ticket for that game, the Ticket that you purchased will remain valid for the rescheduled game and use of such Ticket will be subject to those policies applicable to Red Sox Ticket holders generally (e.g., without limitation printed on the Ticket, made available at the point of purchase, and/or available online at http://boston.redsox.mlb.com/bos/ticketing/ticket_policies.jsp and any other applicable terms and conditions governing your Tickets) including the policies summarized below, as the MLB Entities may amend such policies from time to time. You are not entitled to a refund or to otherwise retract your purchase of Ticket because the game was rescheduled and it is your responsibility to verify any changes to the information printed or displayed on the Ticket, including the date and time of the game.
  7. Guarantee for buyers (the "Guarantee"): If any Ticket(s) purchased via the Marketplace Services are not authentic seat license(s) permitting you to enter the applicable event, the Red Sox will either 1) provide you with seats of equal or greater value to the applicable event (if available); or 2) if equivalent or better seats are not available for a particular event and you do not elect to receive seats lesser seats instead, issue you a refund for 200% of the price you paid for the Tickets on the Marketplace Services, excluding the amount of any buyer service charges. Guarantee proceeds will be applied and appear as a credit on the buyer’s Red Sox patron account and can be applied toward season ticket renewal, if applicable.  If you would prefer to receive payment by check, please contact Red Sox Replay customer service at 877-REDSOX9 or redsoxreplay@redsox.com or contact your season ticket account executive.  You acknowledge and agree that your sole remedy, and the MLB Entities’ sole liability, in connection with any claim whatsoever arising out of or related to your use of the Marketplace Services is set forth in the Guarantee.

5. Terms applicable to MLB Tickets generally. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change.  The terms and conditions of any MLB game Tickets (e.g., without limitation, as set forth in any license agreement between you and the Red Sox for the use of such tickets and/or those terms printed on the Ticket, made available at the point of purchase and/or available online at http://boston.redsox.mlb.com/bos/ticketing/ticket_policies.jsp and any other applicable terms and conditions governing your Tickets) bought or sold using the Marketplace Services will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason.  Each buyer and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Tickets. The Red Sox reserve the right to remove or to deny entry to any buyer and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition.  The MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition, unless otherwise expressly set forth in the Guarantee. To the maximum extent permitted by applicable law, MLB game Tickets may not be used for commercial purposes (e.g., in connection with a sweepstakes or similar promotion) without the prior written authorization of the applicable MLB Entities.

6. Specific Terms Governing Use of Ticket Toss. If you forward Tickets through Ticket Toss, you agree to be bound to the following terms. If you are a ticket account holder of record and are tossing Tickets, you are referred to below as the "Sender". If you are receiving tossed Tickets, you are referred to below as the "Recipient".

7. Mobile Site Limitations. As of the date of this Agreement certain functionalities, including the ability for sellers to change or cancel an offer to sell Tickets or set the ways that a ticket offer can be split, if any, can only be accessed from the Full Site. For more information about Services that require access to the Full Site, including any updated functionality that may hereafter become available on the Mobile Site, visit the FAQ section of www.redsoxreplay.com.  

8. Limitation on Liability. WITHOUT LIMITING ANY TERMS SET FORTH IN THE REDSOX.COM TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RED SOX, EACH OF ITS PARENT AND AFFILIATED ENTITIES, AND EACH OF THE MLB ENTITIES AND THEIR RESPECTIVE AGENTS, LICENSEES, VENDORS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ANY AND ALL PARTICIPANTS AND THEIR AUTHORIZED USERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE SITE, AND/OR PARTICIPATING IN THE MARKETPLACE. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE RELEASED PARTIES' CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, STRIKE OR LABOR DISPUTE, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW THAT MAY BE APPLICABLE IN YOUR JURISDICTION OR ANY OTHER REASON WITH RESPECT TO THE MARKETPLACE OR THE SITE.

This Agreement was last revised on March 1, 2016.