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TICKETING AND EVENT TERMS AND CONDITIONS

 

LATEST REVISION DATE:  NOVEMBER 9, 2018

 

These Ticketing and Event Terms and Conditions (this “Agreement”) represent the terms and conditions related to your purchase or possession of tickets or wristbands (“Ticket(s)”) for the Pot of Gold Music Festival (“Pot of Gold”). Your purchase or possession of Tickets constitutes your irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions of this Agreement as well as the Website Terms of Use and the Privacy Policy.

  1. CHANGES TO THE TERMS AND CONDITIONS. Lucky Man Concerts, LLC (“Lucky Man”) may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you and which such revisions shall, at the sole and absolute option of Lucky Man, relate back to the date of purchase. Lucky Man shall have the right to periodically revise all or some of the terms or conditions specified herein by posting the revised agreement on Lucky Man’s website located at www.potofgoldaz.com (the “Website”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
  2. TICKET PURCHASES AND RECEIPT OF WRISTBANDS. All Pot of Gold passes are non-refundable and non-exchangeable. Your Ticket is not redeemable for cash. Pot of Gold is a “Rain or Shine” and “Standing Room Only” festival. Unless otherwise specified herein to the contrary, there shall be no refunds for or exchanges of Ticket purchases. If you do not agree with these terms and conditions set forth in this paragraph or as otherwise set forth in this Agreement, do not purchase Tickets.

 

Upon purchase of your ticket, you will receive an email confirmation of your purchase. Lucky Man is not responsible for email notifications that are not received. Entrance to Pot of Gold will require a wristband which will be sent to you, to the shipping address you provided during your checkout process, within a month of Pot of Gold. If you would like to change your delivery address, please contact Front Gate Tickets before January 15, 2019 at (888)512-SHOW. If you have not received your wristband within 48 hours of Pot of Gold please contact the Front Gate Tickets customer service team at (888)512-SHOW of visit http://support.frontgatetickets.com.

  1. ACCESS TO POT OF GOLD. Your Ticket shall at all times be deemed a revocable license issued by Lucky Man for the sole purpose of accessing the venue where Pot of Gold is taking place and attending Pot of Gold. This license may, at the sole and absolute option of Lucky Man, be revoked at any time by Lucky Man with or without additional notification to you, which includes denying you access to or removing you from Pot of Gold. The license may also be revoked due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by Lucky Man.
  2. LOST, STOLEN OR DESTROYED TICKETS. Lucky Man, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of your Tickets, you assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets.
  3. NO RESALE. Tickets purchased by you are intended for personal use only. If you obtain your Ticket(s) from any unauthorized source(s), you fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by Lucky Man with or without advanced notification to you. You agree that the resale, or the attempted resale by you of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Website, Lucky Man shall have the right to cancel all or part of the applicable ticket order or may, at Lucky Man’s sole option, elect to put all or part of your order and all or part of other pending orders in your name at Will Call. If Lucky Man cancels your tickets, a refund for the face value of the tickets, minus a $25 per ticket processing fee, will be issued to the purchaser of record and no other service, processing, or shipping fees shall be refunded. Lucky Man reserves the right to cancel your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Lucky Man also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder.
  4. CHANGES TO LINE-UP, DATE OR VENUE. Lucky Man, shall at any time prior to Pot of Gold, have the right to change the venue, artist lineup, times and dates or any or all other components of Pot of Gold, with or without advance notification to you and without any compensation to you. If you do not agree with any of the terms and conditions set forth in this Paragraph or Agreement, do not purchase Tickets.

 

  1. CANCELLATION. If Pot of Gold is cancelled, postponed or rescheduled, Lucky Man will post a notification at www.potofgold.com. Upon the cancellation of Pot of Gold for any reason, Lucky Man shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the event of a partial cancellation) or (b) reschedule Pot of Gold for a future date within the 12-month period immediately following the cancellation. In case of Pot of Gold being rescheduled for a future date, you shall not be entitled to a refund.

In the event Lucky Man elects to issue refunds due to the cancellation of Pot of Gold, the following shall apply: Lucky Man shall issue refunds, on a pro-rata or “per day” basis for multi-day Tickets, as applicable. For purposes of determining any pro-rata refunds due, Lucky Man shall only be required to issue refunds in “whole days.” Once the venue gates open, Pot of Gold on that particular date shall be deemed to have been delivered in its entirely and not subject to refund. You shall only be entitled to refunds for those days for which you purchased Tickets and for which venue access was never granted during the course of an entire day. Delayed gate openings shall not be subject to refunds. Cancellation of an artist performing at the event shall not be subject to refunds. Under no circumstances shall you be entitled to a refund of any shipping, handling or other processing fees.

Purchasing Tickets pursuant to these terms and conditions subjects you to the risk of the loss of some or all of the purchase price you paid for the Tickets. If you do not agree with any of the terms and conditions as set forth in this paragraph or Agreement, or if you do not agree with, or agree to assume the assumption of the risk to you of the loss of some or all of the purchase price you paid for the Tickets, do not purchase Tickets.

  1. ASSUMPTION OF RISKS. You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your attendance during Pot of Gold, including any risks that occur prior, during or after Pot of Gold or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including artists, Pot of Gold attendees, the venue owners or operators and its staff, employees and agents; or the Pot of Gold organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
  2. LOST OR STOLEN PROPERTY. Lucky Man and its respective Indemnitees (defined below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the venue or during Pot of Gold, regardless of fault. You assume all risks of loss associated with the loss or damage to your personal property.
  3. FESTIVAL HAZARDS. You assume all risks of personal injuries relating to your attendance of Pot of Gold including, but not limited to hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during Pot of Gold and whether such injuries occur subsequent to Pot of Gold.
  4. LOUD MUSIC AND SPECIAL EFFECTS WARNING. All or designated areas of the venue during Pot of Gold may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending Pot of Gold, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
  5. INDEMNIFICATION. you agree to defend, indemnify, save and hold harmless, Lucky Man, and all of its respective subsidiaries, affiliates, officers, directors, principals, members, managers, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, claims, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your conduct, attendance or inability to attend Pot of Gold, or your breach of the terms and conditions as set forth in this Agreement, the Privacy Policy or the Website Terms of Use.
  6. RIGHT TO RECORD AND EXPLOIT YOUR IMAGE. By your attendance at Pot of Gold, you consent to the use of your image, likeness, actions, and/or statements incidental to any live or recorded photographic, audio or video displays, broadcasts, or other transmissions, exhibitions, publications, or reproductions made of Pot of Gold, whether in or out of context, without additional authorization or compensation. You further acknowledge and agree that Lucky Man shall be the sole and exclusive owner of any work containing your image.
  7. NO ILLICIT DRUGS; NO WEAPONS. You shall not bring any weapons or illegal or illicit drugs into the venue. Lucky Man and the venue maintain a zero tolerance policy regarding the illegal or illicit drug use, or having weapons in your possession at the venue or otherwise during Pot of Gold. You knowingly, intelligently and voluntarily consent to be searched by Lucky Man or its security personnel for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during your presence at Pot of Gold and agree that the discovery of any prohibited items shall constitute a violation of Lucky Man’s anti-drug and anti-weapons policies and shall correspondingly give Lucky Man the right to confiscate the drugs or weapons found in your possession, immediately revoke your License to access the venue, to attend Pot of Gold and to deny you any future admission to Pot of Gold or the venue without any legal or financial liability to you.
  8. PROHIBITED ITEMS AND ACTIVITIES. The following items and activities are strictly prohibited at Pot of Gold: the use of cameras, video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of Pot of Gold by others or poses a threat to public safety, in Lucky Man’s sole and absolute discretion. Lucky Man reserves the rights to confiscate prohibited items you brought into the venue and deny you access to or remove you from the venue if you bring in any prohibited items or engage in any prohibited activities.
  9. RELEASE AND LIMITATION OF LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT IN NO EVENT SHALL LUCKY MAN AND ITS AFFILIATES OR THE VENUE OWNER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF A TICKET OR YOUR ATTENDANCE AT POT OF GOLD.

YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS LUCKY MAN AND ITS AFFILIATES AND THE VENUE OWNER FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES, AND LIABILITY, INCLUDING, ANY LIABILITY ARISING FROM OR RELATED TO THE DEATH OF OR ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PURCHASE OR USE OF THE TICKETS OR YOUR ATTENDANCE AT POT OF GOLD.

  1. INTEGRATION CLAUSE. The terms and conditions contained herein as well as the Privacy Policy and the Website Terms of Use, and may be as amended from time to time, represent the entire agreement between you and Lucky Man with respect to the subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
  2. ARBITRATION OF DISPUTES. Notwithstanding anything contained herein to the contrary, you agree that any disputes arising from or relating to your purchase of Tickets hereunder, your use of the Website, your attendance at Pot of Gold, or in relation to this Agreement, the Privacy Policy or the Website Terms of Use (a “Dispute”) shall only be resolved subject to final and binding arbitration as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Arizona law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT IN CONNECTION WITH ANY DISPUTE AND THAT SUCH RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes, to be held in Phoenix, Arizona. Any proceeding to enforce this arbitration agreement must be brought in the state or federal courts located in the County of Maricopa, State of Arizona, to the exclusion of all other forums. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise.
  3. CHARGEBACK DISPUTES. In light of your agreement to all the terms and conditions contained herein, including the refund policies as set forth in Paragraph 6, you agree that, in conformity with Paragraph 6, in no event shall you commence a chargeback dispute with your credit or debit card company related to a failure to receive a refund for all or part of the Tickets purchased hereunder if you are not entitled to a refund pursuant to Paragraph 6 hereto. You further agree that Lucky Man shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
  4. FOREIGN CURRENCY REFUNDS. Lucky Man shall not be responsible for any exchange rate losses incurred during the order or refund process. Lucky Man shall not be obligated to issue refunds to Ticket purchasers who have purchased tickets in a currency other than US Dollars.
  5. MISCELLANEOUS. By making a purchase of Ticket(s), you acknowledge and agree that you are at least 13 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of Lucky Man. Any waiver of any provision of the terms and conditions of this Agreement will be effective only if such waiver is in writing signed by Lucky Man. If any clause in this Agreement is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
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