Toronto Maple Leafs Membership Waiting List (the “List”)

Terms and Conditions (the “Terms”)

1.GENERAL LIST TERMS

a. Participation on the List for Toronto Maple Leafs Season Seat Membership (“Membership”), constitutes full and unconditional agreement to be bound by these Terms and the decisions of Maple Leaf Sports & Entertainment Partnership (“MLSE”), all of which are final and binding, on all matters relating to the List.

b. Note that only one (1) spot on the List may be occupied by a given person/company/entity. If it is determined by MLSE, in its sole and absolute discretion, that a List member occupies more than one spot on the List, the highest priority ranking position (as determined by MLSE) will be maintained and all other spots on the List for such List member may be deleted without notice.

c. List Members are responsible for ensuring their contact information remains accurate and up to date. List Members may update their contact information by contacting an MLSE ticket sales representative. If a List Member is offered an opportunity to purchase a Membership, the List Member will no longer be permitted to modify or update their primary account information.

d. MLSE reserves the right to limit participation in the List to customers purchasing for their own personal and/or hospitality use and that MLSE reserves the right to terminate participation in the List in the event it is determined by MLSE, in its sole discretion, that the prospective customer intends to use tickets acquired under a potential Membership for commercial resale purposes. 

2. AVAILABILITY OF MEMBERSHIP SEAT LOCATIONS

List members understand and agree with the following:

a. Being a member of the List does not guarantee any right to receive the opportunity to purchase a Membership within a specified period of time, if ever;

b. The offer of a Membership is at the sole discretion of MLSE, including the number of Membership seat locations made available for purchase by List members and the timing of said offers;

c. Some seats are retained for MLSE business holds, Membership upgrades and other internal service or business purposes of MLSE and these will be given priority over the List;

d. The opportunity to select seat locations will be limited to the ticket inventory presented by MLSE at the time of List member’s selection; and

e. In the event a List member is unavailable at the time of the first attempt of contact by MLSE (whether by phone or email) MLSE reserves the right to continue contacting other List members regarding the opportunity to purchase a Membership and is under no obligation to reserve any specific ticket inventory for selection by List member.

3. MEMBERSHIP OFFERS:

a. After available ticket inventory has been identified by MLSE, MLSE will contact eligible members on the List in order of priority.  Contact will be made by email from the contact information provided on the selected List member’s account. A maximum of three (3) Membership seats may be offered for purchase to List members once selected in priority sequence.

b. Selected List members will receive a dedicated time slot, which will be emailed to them, during which they will be able to complete their purchase. MLSE is not responsible, whether as a result of human error or otherwise, for any failure to contact a List member regarding an offer to purchase Membership.

c. If a selected List member fails to complete a purchase of Membership seats during their dedicated time slot, they will forfeit their opportunity to purchase the selected Membership.

d. All Memberships purchased will be subject to MLSE’s ticket department policies then in effect (as the same may be amended from time to time) including, without limitation, any applicable personal seat license requirements, transfer restrictions and transfer fees.

e. A List member has the right to decline (or not respond to) the first two (2) offers to purchase Membership, while still maintaining their priority on the List. If a third offer to purchase Membership is declined (or not responded to) by a List member, that List member will be reassigned a priority at the bottom of the List.

4. MISCELLANEOUS

a. In the event of a conflict between these Terms and any instructions or interpretations of these Terms given by an employee of MLSE regarding the List, these Terms shall prevail.

b. If it is discovered by MLSE (using any evidence or other information made available to, or otherwise discovered by MLSE) that any List member has used or attempted to use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to register for the List more than once, that person may be removed from the List, in the sole discretion of MLSE.

c. A List member may be requested to provide MLSE with reasonable proof that they are the Authorized Account Holder of the email address associated with their List member account. In the event of a dispute regarding the identity of a List member, the List member will be deemed to be the Authorized Account Holder in whose name the email account is registered. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

d. By participating in the List, List members agree to hold harmless and indemnify MLSE, Maple Leaf Sports & Entertainment Ltd. and their affiliates, the Toronto Maple Leafs, the National Hockey League and its members teams  and each of their officers, directors, governors, partners, principals, employees, representatives, agents, affiliates and related entities, (altogether, the “Released Parties”) against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either: (i) the List member’s participation in the List; and (ii) the administration of the List by MLSE.

e. List members hereby release, waive and discharge any and all claims of damage, loss or causes of action (including, negligence), including (but not limited to) death, personal injury or loss or damage to property, which a List member or any of its representatives, heirs, next of kin or assignees (“Member’s Representatives”) may have or which may hereinafter accrue to the List member or Member’s Representatives against the Released Parties as a result of the List member’s participation in the List.

f. The following is prohibited and will result in automatic disqualification from the List: (i) violation of or non-compliance with these Terms; and (ii) any other act which MLSE determines, in its sole discretion, to jeopardize the security, fairness, integrity or proper administration of the List. Any attempt to deliberately damage any website or to undermine the legitimate operation of this List is a violation of criminal and civil laws and, should an attempt be made, MLSE reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

g. Membership purchases made using (i) unauthorized credit card, or (ii) lost, stolen or fraudulent credit cards, will result in immediate disqualification from the List.

h. Membership in the List is a personal privilege and is non-transferable. By participating in the List, each List member confirms that the List member is the real party of interest and that the List member is not acting for or on behalf of any undisclosed principals, person or third party and that MLSE shall be entitled to deal solely and exclusively with the List member as to all matters relating to the List, without further investigation or inquiry on its part.

i. MLSE may terminate, modify, suspend, or withdraw the List program (and/or any aspect thereof), in whole or in part, at any time, and for any reason, without notice or liability, in its sole discretion.

j. MLSE respects your right to privacy. Personal information collected from List members will only be used by MLSE to administer the List and, only if consent is actively given at the time of registration for the List, to provide List members with information regarding upcoming offers, promotions and/or events of MSLE. For more information regarding the manner of collection, use and disclosure of personal information by MLSE, please refer to the MLSE’s privacy policy, available at https://www.mlse.com/legal/privacy-policy.

k. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles that would result in the application of the laws of any other jurisdiction. Any dispute, controversy, or claim arising out of or in connection with these Terms or the List, including any question regarding their existence, validity, interpretation, or enforceability, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto. Each List member hereby irrevocably attorns to the jurisdiction of such courts and waives any objection to venue or inconvenient forum.

l. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.