GAME AGREEMENT
This Game Agreement is made this ___ day of December, 2010, between (a) The OhioState University (the “Institution”), (b) the Big Ten Conference (the “Conference”), the SugarBowl, a Louisiana non-profit corporation, (the “Bowl”), and (c) for purposes of Sections 7.6, 7.7,7.8 and 7.9 only, BCS Properties, LLC, a Delaware limited liability company (“BCSP”).
Article IDefinitions1.1 Definitions.
Unless the context otherwise requires, the terms defined in Section 1.1of the Contract among Atlantic Coast Conference, Big East Conference, The Big TenConference, Inc., The Big Twelve Conference, Inc., Conference USA, Mid-AmericanConference, Mountain West Conference, Pacific-10 Conference, Southeastern Conference, SunBelt Conference, Western Athletic Conference, University of Notre Dame du Lac, ArizonaSports Foundation, Inc., doing business as Fiesta Bowl, The Orange Bowl Committee, Inc., andSugar Bowl, effective April 15, 2010, and any and all amendments thereto (the “BowlChampionship Series Contract”) shall have the same meaning in this Game Agreement.
Article IIParticipation in Game2.1 Participation in Game.
The Institution agrees to have its football team play in theSugar Bowl
game (the “Bowl Game”) in New Orleans, Louisiana on January 4, 2011. Thecompeting team in the Bowl Game to be played on such date shall be the University of Arkansas,Fayetteville. The Bowl shall secure as the venue for the Bowl Game the Superdome (the “BowlGame Venue”). Kickoff shall be at approximately 8:30 Eastern Standard Time.
Article IIIFinancial Settlement
3.1 Financial Settlement.
The financial settlement for the Bowl Game shall be inaccordance with the provisions of the Bowl Championship Series Contract.
Article IVTickets and Suites
4.1 Ticket Allotment for Institution.
If the Institution and the competing institution inthe Bowl Game are both members of Conferences, then they shall purchase from the Bowl aminimum of Thirty-Five Thousand (35,000) tickets in the aggregate. The Bowl shall initiallyallot Seventeen Thousand Five Hundred (17,500) tickets each to the Institution and thecompeting institution.
If one institution playing in the Bowl Game is an Independent and the other is a memberof a Conference, then they shall purchase from the Bowl a minimum of Thirty-Five ThousandOne Hundred Fifty (35,150) tickets in the aggregate. The Bowl shall initially allot SeventeenThousand Six Hundred Fifty (17,650) tickets to the Independent and Seventeen Thousand FiveHundred (17,500) tickets to the competing institution.If both institutions playing in the Bowl Game are Independents, then they shall purchasefrom the Bowl a minimum of Thirty-Five Thousand Three Hundred (35,300) tickets in theaggregate. The Bowl shall initially allot Seventeen Thousand Six Hundred Fifty (17,650) ticketsto each institution.The Institution’s tickets shall have the seat locations shown on Exhibit 1, which isattached hereto and made a part hereof, and meet the following requirements:
(a)
A minimum of four thousand (4,000) tickets in each team’sallotment located in the section or sections immediately adjacent tothe 50-yard line in the lower level or “Club Level” of the stadium;
(b)
A minimum of five thousand (5,000) tickets in each team’sallotment located in the section or sections immediately adjacent tothe 50-yard line in the upper level of the stadium; and
(c)
A minimum of 1,000 and a maximum of five thousand (5,000)tickets in each team’s allotment located in the end zone in thelower level or “Club Level” of the stadium, with the ticket price of one thousand (1,000) of such end zone seats to be two-thirds (2/3)of the average price for all other tickets in the particular seatingsection.For those tickets initially allotted to the Institution, the Bowl shall set aside groupings of seat locations (“blocks”) assigned to the Institution. Such blocks shall have specific and definedperimeters. Only tickets allotted to the Institution may be included the blocks so defined.The prices of tickets purchased by the Institution shall be equal to the average price of alltickets in the particular section in which the seats are located, except that one thousand (1,000)tickets in the lower-level end zone shall have a price equal to two-thirds (2/3) of the averageprice of other tickets in the particular section in which the seats are located.Should the Institution or the competing institution desire to re-allot tickets for purchaseby the other institution, such institution shall contact the Bowl and the Bowl shall be required toassist in administering such transactions. The Bowl shall contact the other institution and offer itthe opportunity to purchase the tickets before any third party is given access to any of the tickets.Notwithstanding the foregoing, the Bowl may reasonably adjust the location of the re-allottedtickets to avoid conflict between fans of the Institution and the competing institution. In no caseshall the Institution or the competing institution be permitted to trade, barter or re-allot itsoriginal tickets without working such arrangement through the host Bowl. Should the Institutionbe unable to sell all of its allotted tickets for the Bowl Game, then the Institution shall return allunsold tickets to the Bowl. Such unsold tickets shall arrive at an address designated by the Bowl
no later than seven (7) days prior to the Bowl Game. In the event the Bowl is able to resell to theother institution or any third party any of the unsold tickets returned by the Institution, the Bowlshall refund to the Institution an amount equal to the aggregate purchase price paid to the Bowlby the other institution or any third party in connection with the resale of such tickets.
4.2 Ticket Allotment for Institution’s Conference.
If the Institution is a member of any Conference, the Conference shall purchase a minimum of One Hundred Fifty (150) ticketswith seat locations shown on Exhibit 1. The price of such tickets purchased by the Institution’sConference shall be the same as that paid by the Institution for comparable seat locations. Aminimum of one hundred (100) tickets purchased by the Conference shall have seating locationsin the lower level of the stadium immediately adjacent to the Institution’s midfield lower-levelallocation. The remaining tickets purchased by the Conference shall have seat locations in theupper level of the stadium immediately adjacent to the Institution’s midfield upper-levelallocation.
4.3 Sky Boxes.
The Bowl shall provide free of charge to the Institution two (2) skyboxes with a minimum seating capacity of sixteen (16) seats or such different seating capacity asmay be agreed upon by the BCS based on availability, at the Bowl Game Venue, together with asmany “standing room only” tickets as are customarily made available by the Bowl to purchasersof sky box tickets. The Bowl shall also provide free of charge to the Institution’s Conference, if any, one (1) additional sky box with the same seating capacity at the Bowl Game Venue. Ticketsfor such sky boxes will not be counted in the aggregate required for purchase under Sections 4.1and 4.2 above. The Institution and the Conference shall be responsible for all catering chargesincurred in connection with use of the sky boxes.
4.4 Stadium Admissions.
The Bowl shall admit the following persons listed in thisSection 4.4 to the Bowl Game Venue free of charge (except for the individuals set forth inSection 4.4(d), for whom the Bowl may require the Institution to purchase tickets). TheInstitution shall provide photographs of the following persons (collectively referred to as the“Institution’s Representatives”) as required by the Bowl for use on game credentials:
(a)
All student-athletes certified by the Institution as being eligible for competition in theBowl Game;
(b)
No more than sixty (60) coaches, trainers, medical, security, and managerialpersonnel accompanying the Institution’s football team, all of whom shall have access to theteam area of the playing field;
(c)
No more than four (4) “ball crew” members who will assist the Game officials;
(d)
All members of the Institution’s marching band and all personnel affiliated with theInstitution’s marching band (such as the band directors) in performer seats;
(e)
One (1) person serving as the Institution’s mascot and dressed in uniform;
(f)
One (1) person serving as the Institution’s cheerleading coach; and
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2011 Sugar Bowl Contract with Participating Teams
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