STUBHUB BEYOND TERMS & CONDITIONS

[TeamStubHub1]

These StubHub, Inc. (“StubHub”) Beyond 2021 Program *”Beyond Program”) Terms and Conditions (“Program Terms”) apply to Participants who are admitted to the Beyond Program. Nothing in these terms and conditions modifies, alters, or nullifies the StubHub Marketplace Global User Agreement (available here). Should there be any conflict between these Program Terms and the User Agreement, the User Agreement shall take precedence. Beyond Program participation requires acceptance of these Program Terms; any Participant who would like to withdraw from the Beyond Program may do so at any time by contacting StubHub Beyond Premier Support at 1 (866) 788-2482.

1. Definitions.
   
   
   1. Participants. A StubHub Beyond Program " Participant" means a StubHub user who meets, and continues to meet during the entirety of their participation in the Beyond Program, the following criteria:
      1. maintains an account on the StubHub Site in good standing; is not a ticket broker; is a United States citizen or legal permanent resident (green card holder); is 18 years of age or older with an address in the United States tied to his/her StubHub account;
      2. has personally made at least three (3) purchases on the StubHub Site of at least $10,000 in Qualifying Spend in the prior twelve month period
      3. Accepts these StubHub Beyond Terms and Conditions and has not opted out; and Receives confirmation of registration from StubHub.
   
   
   2. “Qualifying Spend" means the dollar amount spent by a StubHub customer on tickets on the StubHub Site
   
   
   3. “StubHub Site” means www.StubHub.com and StubHub mobile application.
   
   
2. Benefits. The following benefits may be made available to Participants during their participation in the Beyond Program:
   
   
   1. Seller Concierge Services. Seller Concierge services are available upon request to Participants through StubHub Beyond Premier Support at 1 (866) 788-2482. Assistance provided by Seller Concierge Services includes:
      • assistance in re-listing tickets purchased by Participants;
      • waiver of seller fees for re-listed tickets (tickets purchased by Participants on the StubHub Site); and
      • pricing guidance using StubHub’s proprietary seller tools.
      
      Transfer of tickets will remain the responsibility of the Participant. StubHub will not take possession of the tickets or facilitate transfers or sales. StubHub is not responsible for unsold tickets.
      
      
   2. Upgrade + Special Event Access. When Participants purchase tickets for an event on the StubHub site, Participants will:
      • receive priority access to upgraded tickets or seats (for exchange).
      • have opportunities to attend StubHub hosted unique experiences (i.e. tailgates, VIP parties, special access in the venue, meet and greets, etc.) at top events (i.e. Super Bowl, U.S. Open, MLB Opening Day etc.) if and when such events are held and tickets are available.
      
      
   3. Early Access to Promotions. Participants will have early access to select StubHub Site promotions subject to the terms and conditions of each promotion.
   
   
   4. Entertainment Bonuses and Discounts Benefit. StubHub may from time to time notify Participants of additional offers, bonuses and/or discounts, which will be offered and provided in accordance with their own terms and conditions.


3. Benefit Redemption. A Participant may redeem Benefits in accordance with the individual requirements above and the following:
   
   
   1. Benefits may not be redeemed for StubHub gift cards or parking passes;
   
   
   2. Benefits are not transferable and have no face value;
   
   
   3. Benefits cannot be used retroactively for prior purchases; and
   
   
   4. Benefits cannot be redeemed for cash.


4. Other Terms and Conditions.
   
   
   1. Modification and Termination. StubHub reserves the right to modify or terminate the Program at any time by sending email notice to the email addresses tied to a Participant’s StubHub account. Except where stated otherwise, all amended terms will be effective three (3) days after they are emailed to you. If any modification is unacceptable to you, your only recourse is to opt-out of the StubHub Beyond by contacting StubHub customer service and unenrolling. StubHub may also terminate an Participant's participation in the StubHub Beyond by sending the termination notice to the email address tied to the Participant's StubHub account. Without limiting the foregoing, StubHub may suspend an Participant's participation in the StubHub Beyond indefinitely to investigate potential violations of StubHub's policies without prior notice to the Participant. If StubHub in its sole discretion believes an Participant has or is using existing StubHub accounts or creating new accounts in order to circumvent or undermine these Terms and Conditions, StubHub reserves the right to terminate the Participant's participation from the StubHub Beyond.
      
      To opt-out of the StubHub Beyond Program, please contact StubHub Beyond Premier at 1 (866) 788-2482. All benefits will be forfeited upon departure from the Beyond Program.
      
      
   2. Restrictions. The StubHub Beyond is void where prohibited and subject to U.S. laws.
   
   
   3. Limitation of Liability. STUBHUB SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM STUBHUB BEYOND. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. RECIPIENTS OF STUBHUB BEYOND AGREE THAT STUBHUB HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO STUBHUB BEYOND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STUBHUB DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE STUBHUB SITE AND STUBHUB SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. StubHub is not responsible for printing or typographical errors in any StubHub Beyond related materials; for stolen, lost, late, misdirected items; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with StubHub Beyond, or process any transaction thereon. If in StubHub's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of StubHub Beyond, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of StubHub Beyond, StubHub reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend StubHub Beyond, or to terminate StubHub Beyond. In all matters relating to the interpretation and application of any rule or phase of this StubHub Beyond, the decision of StubHub shall be final. StubHub reserves the right to cancel, amend or revoke any Benefit at any time due to reasonable business consideration or circumstances beyond its control. Any attempt by an Participant or any other individual to deliberately damage any web site or undermine the legitimate operation of StubHub Beyond is a violation of criminal and civil laws and should such an attempt be made, StubHub reserves the right to revoke any Benefits and seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with StubHub Beyond via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated devices or programs to redeem Benefits is prohibited.
   
   
   4. The waiver by StubHub of a breach of any provision of this Agreement by an Participant or other individual shall not operate or be construed as a waiver of any other or subsequent or preceding breach by an Participant or other individual. No waiver by StubHub of any right under StubHub Beyond shall be construed as a waiver of any other right. StubHub shall not be required to give notice to enforce strict adherence to all terms of StubHub Beyond.
   
   
   5. Governing Law. These Terms and Conditions and StubHub Beyond will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the state of California.