Terms & Conditions
As of April 10th, 2017
- Program Overview
The Telecharge Digital Lottery (the "Sweepstakes") allows eligible entrants who are Members of the Telecharge Digital Lottery or an individual show's Fan Program (individually and collectively, the "Program") to enter a daily drawing for a chance to purchase same day rush tickets for participating Broadway and Off-Broadway shows.
This Program is administered on behalf of Sponsor by SocialToaster, Inc. ("Administrator"). These Program Terms and Sponsor's http://www.socialtoaster.com/resources/terms-of-service (the "Terms of Use") applicable to the Website and the end user terms applicable to SocialToaster's social sharing application (the "SocialToaster App") which powers this Program govern your use of and participation in this Program. Sponsor may modify these Program Terms or the Terms of Use, and Administrator may update the end user terms applicable to the SocialToaster App (the "End User Terms"), at any time, and each such modification will be effective upon either posting at the Website or notice to you. Your continued participation in this Program following any such modifications constitutes your acceptance of such modifications and your agreement to be bound by these Program Terms, including the Terms of Use and the End User Terms, each of which are incorporated into these Program Terms by reference. If you do not agree to any modification of these Program Terms, the Terms of Use or the End user Terms, as the case may be, your sole remedy is to discontinue your use of the Website and participation in this Program and cancel your permissions granted to the SocialToaster App, as directed in the End User Terms. It is important that you review these Program Terms regularly. Sponsor may terminate this Program, in whole or in part, at any time. Any information Members provide to Sponsor in connection with this Program or any contest, sweepstakes or other promotion operated in connection with this Program is subject to both Sponsor's Privacy Policy and Administrator's Privacy Policy. In addition to these Program Rules, any contest, sweepstakes or other promotion we offer in connection with this Program or to Program Members, is and will also be subject to separate Official Rules which will be posted at the Website during the applicable promotion period and which will govern Members' participation, and our execution, of each such promotion.
- Eligibility and Enrollment
By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Telecharge.com and The Shubert Organization, Inc., 234 West 44th Street, New York, NY 10036 ("Sponsor"), which shall be final and binding in all respects.
Enrolled persons are referred to in these Program Terms as, "Members." In order to access and use the SocialToaster App, participants must have a device that is capable of accessing the Internet and is compatible with SocialToaster App. Sponsor reserves the right to terminate or suspend a Member's account if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Program Terms and applicable law. Members under the age of majority in the state in which they reside and who register for this Program represent to Sponsor that they have secured their parents' or legal guardians' permission to participate. In the event that Sponsor is notified by a parent or legal guardian of a minor that the parent or legal guardian does not wish his/her minor child to participate in this Program, Sponsor will delete the minor participant's account and will void all points remaining in the account at the time of deletion. If you are not eligible to participate, you are prohibited from accessing, using and registering for the Program. If you are registered for an account with this Program and want to stop participating, delete or cancel your account at the Website.
- Limitations and Exclusions
Limit of one (1) Program account per person, mobile device or email address. Limit one (1) entry per person, per performance. An entrant may enter the Sweepstakes for multiple participating shows, however they may only be selected as a winner for one (1) matinee performance and (1) evening performance per day. Ticket prices are not valid on prior purchases. Sweepstakes ticket offer cannot be combined with any other offers or promotions. All sales are final. No refunds or exchanges.
- Duration of, Changes to or Cancellation of this Program
Sponsor reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of this Program and/or extend or shorten the current Program Period at any time without notice. Upon any termination of this Program, all rights and obligations of the parties shall end.
- Disclaimer of all Warranties
THIS PROGRAM AND ALL PROGRAM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SPONSOR OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER'S USE OF THE PROGRAM IS SOLELY AT THE MEMBER'S OWN RISK.
- Limitation of Liability, Releases
IN NO EVENT SHALL SPONSOR, ITS PARENT OR AFFILIATED ENTITIES, SOCIALTOASTER, INC., TWITTER, INC., FACEBOOK, INC., INSTAGRAM, LLC. OR ANY OF THEIR RESPECTIVE LICENSORS, AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES)(COLLECTIVELY, THE "RELEASED PARTIES") HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 ANY REWARD OR PRIZE, AND/OR PARTICIPATING IN THE PROGRAM, PROGRAM-RELATED ACTIVITIES, INCLUDING SWEEPSTAKES, CONTESTS, AND OTHER ACTIVITIES IN ANY WAY RELATED TO THIS PROGRAM OR ANY PROMOTION OPERATED IN CONNECTION WITH THIS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
By enrolling in this Program, Member agrees for Member and Member's heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (a) any unauthorized access to, alteration or use of Member's account, transmissions or data, any material or data sent or received or not sent or received through this Program, (b) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (c) a Member's acceptance, possession, grant, or use of any points, prize or reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom.
- Dispute Resolution
Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program or any prizes or benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in New York, NY County, Maryland; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' or experts' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of the Member (or former Member) and Sponsor in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of New York, United States without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
- Privacy
Any personal information sent to, shared with or collected by Sponsor or Administrator in connection with this Rewards Program will be subject to Sponsor's Privacy Policy and Administrator's Privacy Policy.
- WARNING
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of this Program, or with the Website or any other websites or Approved Sites relating to this Program; or (b) acting in violation of these Program Terms; or (c) acting in violation of the Official Rules. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Program may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' and experts' fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution
- Contact Us
If you have any questions about this Rewards Program or your points, and you have already reviewed the FAQ, contact us at support@socialtoaster.com. It may take us 48 hours or longer to respond depending on the question. Please be patient.