Fabulous Fox Theatre Digital Lottery Official Rules

No purchase or payment necessary to enter or participate in the Lottery. You may enter the Lottery for a chance to purchase up to the number of tickets you requested with a maximum of two (2) tickets for the performances you selected at the Fabulous Fox Theatre located at 527 N. Grand Blvd, St Louis, MO 63103. A separate Lottery will be held for each week of performances when applicable. You may enter one or more Lotteries or choose multiple performances per entry but you may only win for one performance per Lottery. Winners are selected at random. Prizes have no cash value.

Eligibility: Persons 18 years or older may enter a Lottery. Employees, officers, and agents (and their immediate family members and household members) of the sponsor, show, or the Fabulous Fox Theatre or any of their respective divisions, affiliates, or subsidiaries are not eligible to participate in the Lotteries. Federal, state, and local laws and regulations apply.

VOID WHERE PROHIBIITED OR RESTRICTED BY LAW.

How to enter:

Entrants may enter the Lottery by going to www.fabulousfox.com/events-tickets/special-offers for all active Lotteries for the Fabulous Fox Theatre and completing all required fields, selecting the desired performance, and submitting the form.

Lottery entrants may enter the Lottery for any combination of performances or for all performances made available for entry on the website but are limited to winning the Prize (as defined below) for only one performance per engagement week. The Lottery will only accept entries during the time posted on the website. Each winning entrant shall receive the right to purchase up to the number of tickets such entrant requested (a maximum of two (2) tickets) for one of the designated performances for which the entrant selected on the Lottery entry form and won. Use of automated entry devices or programs is prohibited. Odds of winning depend on the number of eligible entries received and the total number of tickets available for purchase through a Lottery for an applicable performance. Acknowledgement of any entry, if any, does not constitute confirmation or validity of entry. Multiple entries in any Lottery by the same entrant for the same performance are not permitted, and entrants submitting multiple entries for the same performance, and entries utilizing disposable emails, will be disqualified. Incomplete online entries which consists of not including the entrant’s first name, last name, email address, or mobile phone number or not selecting at least one performance will be disqualified. The total number of tickets available for purchase through any Lottery for each performance may vary, but in no event shall there be fewer than two (2) tickets available for purchase via each Lottery. (Defined as the “minimum”) The number of tickets to be sold through a Lottery for each performance in excess of such minimum (and the number of winning entries to be selected) shall be at the sole discretion of the Fabulous Fox Theatre, in consultation with the presenter of the show.

Prize:

Each winning entrant of a Lottery shall be entitled to purchase up to the number of tickets such entrant requested (a maximum of two (2) tickets) to the specific performance to with that Lottery applies and for which the entrant submitted a Lottery entry and won (the “Prize”). There is no monetary value to the Prize. No substitutions or cash redemption of the Prize is permitted. The Prize, and any ticket purchased by a winner of the Prize through the Lottery, is not assignable or transferable and may not be resold. The seat locations of tickets may be anywhere in the theatre and may have a partial, restricted, and/or obstructed view of the stage.  A winner purchasing two tickets may not necessarily receive tickets for seats that are next to one another. Once tickets are purchased, there are no refunds or exchanges. Additional restrictions and conditions may apply.

Prize drawing and claiming prizes:

The potential Prize winners for each Lottery will be selected in a random drawing from all eligible entries received for that Lottery. Each Lottery drawing will take place on or about the time and date posted on the website. All winners and non-winners who entered on the website will be notified via email notification and/or SMS text message.  The winner’s notification will include instructions on how to purchase online with a valid credit card or accepted gift card (only MetroTix or Fabulous Fox Theatre branded gift cards are accepted). Winners must log into or create an account on the MetroTix website (official ticketing website for the Fabulous Fox Theatre) to be able to complete their purchase. A winning entrant must claim his/her tickets by purchasing them by the deadline posted in the notification and picking up the tickets at the Fabulous Fox theatre box office beginning 2 hours prior to the applicable performance.  Only the person who entered the Lottery and won may claim the Prize, purchase tickets for that Lottery’s designated performance and pick up the tickets at the Fabulous Fox theatre box office. A valid un-expired photo identification of the winner may be required to claim the Prize, purchase tickets and pick them up at the box office. Unclaimed tickets (i.e., tickets not timely purchased) will be released and may be offered to another entrant for the applicable Lottery for purchase, sold to the general public or used by the theatre or sponsor for any purpose. Each drawing will be conducted by the Fabulous Fox Theatre, whose decision is final and binding on all aspects of the Lottery.

Failure of a potential prize winner to respond as referred to above may result in disqualification and the selection of another winning entrant from among all eligible entries received for the applicable Lottery. The Fabulous Fox Theatre is not required to notify a potential Prize winner more than once.

Conditions, Disclaimers, and License:

By entering a Lottery, each entrant agrees to be bound by these Rules and by all decisions of the Fabulous Fox Theatre (whose decisions are final and binding on all matters relating to the Lotteries), and to comply with all federal, state and local laws and regulations, as well as rules of the Theatre box office and any terms and conditions printed on the back of any ticket purchased by a winner (collectively, “Theatre Conditions”). In the event of an entrant or winner’s non- compliance or demonstrated intent not to comply with these Rules, applicable laws or any Theatre Conditions (including, without limitation, a winner’s resale of a ticket purchased through the Lottery) for any reason, or such entrant or winner’s inability to accept the Prize for any reason, their entry may be disqualified and/or the Prize and/or any ticket purchased by a winner of the Prize through the Lottery may be revoked in the theatre’s sole discretion (or in the case of a ticket revocation, in the sole discretion of the Theatre or producer of the Show), and an alternate winner may be selected in the theatre’s  sole discretion. The decisions of the theatre are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. Entries are void if unreadable, inaccurate, incomplete, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Rules.

The Fabulous Fox Theatre makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Lotteries. Although the theatre attempts to ensure the integrity of the Lotteries, the theatre is not responsible for the actions of entrants or other individuals in connection with the Lotteries, including entrants’ or other individuals’ attempts to circumvent the Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Lotteries. The theatre is not responsible for injury or damage to any entrant’s or to any other person’s computer(s), mobile device(s), or other equipment, related to or resulting from participation in the Lotteries or downloading materials from or using the website. If, for any reason, a Lottery is not capable of running as planned for any reason including by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, computer, website technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes that, in the sole opinion of the theatre, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of a Lottery, the theatre reserves the right, in its sole and absolute discretion, to modify these Rules and/or to cancel, terminate, modify, or suspend all or any part of such Lottery, and in its sole discretion to select any one or more new potential winners from among all eligible entries received for such Lottery up to the time of such cancellation, termination, modification, or suspension, as applicable. In the event that there are typographical errors that obscure the original intent of the Lotteries, the theatre reserves the right to cancel or modify the Lotteries appropriately. Notwithstanding anything to the contrary in these Rules, theatre reserves the right to discontinue or suspend any Lottery at any time for any reason or no reason.

 

By entering a Lottery and unless prohibited by law, each Prize winner hereby consents to use of his/her name, voice, photograph and/or likeness for advertising or publicity purposes for the Lottery and similar promotions without compensation and the winner and/or guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering a Lottery, unless prohibited by law, each Prize winner agrees to grant to the theatre, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation, on the World Wide Web, at any time or times, the Prize winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and/or promotional purposes without any compensation; and further without any compensation, each Prize winner agrees to appear in, or provide biographical information for use in, any presentation or other activity, which may include filming and/or audio, video, electronic or other recordings and/or interviews, as may be determined from time to time by the theatre in its sole discretion.

By entering a Lottery and voluntarily providing his/her personal information, each entrant consents and agrees to the theatre’s collection and use of the entrant’s information for the administration of the Lottery and agrees to theatre’s use of entrant’s information for the purpose of contacting entrant in relation to the Lottery. For the avoidance of doubt, entrants are providing information to the Fabulous Fox Theatre. The theatre (and any entity with which the theatre has an agreement or arrangement to jointly operate a digital Lottery (a “Joint Operator”)) and the presenter and producer of the Show may send promotional communications to entrant’s email address after entry. The entrant will have the option to opt-out of future emails (other than the above-referenced notifications regarding any Lottery entered).

RELEASE AND INDEMNIFICATION: By entering a Lottery, each entrant releases and holds harmless the Theatre, Joint Operator, Show, the presenter and producer of the Show, social media platforms used or referenced in connection with the promotion of the Lottery, and each of their respective affiliates, parents, subsidiaries, lenders, advertisers, promotional agencies, directors, members, successors, sponsors, partners, licensees, officers, agents, employees, artists, advisors, successors and assignees, and each individual or entity associated with the development and execution of the Lotteries, from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from (a) any failure of a Lottery to be conducted for any reason; (b) the actions of entrants or any other individuals in connection with any Lottery; (c) injury or damage to such entrant’s or other individual’s computer(s), mobile device(s), or other equipment as a result of participation in a Lottery; (d) any loss or disclosure of entry data; (e) any one or more of the Lotteries or participation in any Lottery-related activity; or (f) acceptance, possession, use, or misuse of any Prize awarded in connection with any Lottery, including without limitation claims based on negligence, breach of contract or liability for physical injury, death, or property damage.

 

LIMITATION OF LIABILITY: The Lotteries, all Prizes, and all materials provided on the website or through the Lotteries (or in marketing or promotions, therefor) are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

WITHOUT LIMITING THE RELEASE GRANTED BY ENTRANTS HEREIN, BY ENTERING A LOTTERY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A LOTTERY, OR ANY PRIZE AWARDED, WHETHER BETWEEN SUCH ENTRANT AND EITHER THE THEATRE OR THE PRODUCER(S) OR PRESENTER OF THE SHOW, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND NO SUCH DISPUTE, CLAIM OR CAUSE OF ACTION MAY BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED; (2)UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES; LOST REVENUES; AND/OR LOST PROFITS, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT HAVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (3) NO AWARD OR DECISION SHALL BE GIVEN PRECLUSIVE EFFECT AS TO THE ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE NOT A PARTY TO THAT DISPUTE OR LITIGATION AND (4) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO ENTRANTS IN SUCH JURISDICTIONS.

 

MISCELLANEOUS: If any provision of these Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof.

 

GOVERNING LAW: These Rules are governed by and shall be construed in accordance with the laws of the State of Missouri (without regard to conflicts of law principles).