Effective Date: May 9, 2022
1. ABOUT US
1.1 PickleJar Holdings, Inc. is a Delaware corporation with a registered address at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.
1.2 We are a ticketing agent selling tickets via the App or the Services on behalf of promoters, organizers, managers, artists, and venues of music, entertainment, and similar events (our “Event Partners”). We sell tickets allocated to us by our Event Partners, so the tickets we have available for sale for each event will vary and we do not control the ticket inventory or availability.
2.1 Any ticket purchased or otherwise acquired (a “Purchased Ticket”) via the App or the Services is subject to:
- This Purchase Policy;
- The Event Terms and Conditions, if applicable; and
- Any additional terms and conditions of the relevant Event Partners which can be found on their respective websites or at the venue itself or which are disclosed during the ticket purchase process.
2.2 We facilitate the sale and purchase of tickets for events, and from time to time, where expressly stated, we may act as a promoter or organizer of an event. Where PickleJar is not the event organizer, we exclude any liability and/or responsibility for the quality or nature of any such event including (but not limited to): your view at the venue where such event or show takes place, or the sound quality, local conveniences or accessibility of the event; any aspect of the quality of the stream you are able to watch for events streamed over the internet.
2.3 When you purchase a ticket you obtain a right to attend or watch the event as granted by the relevant Event Partner. The relevant Event Partner will be shown in the event listing in the App or on the Services, preceded by the words: “Presented by”. We make available tickets on behalf of third-party Event Partners who are not connected in any way with PickleJar. Those third-party Event Partners are responsible to you for the relevant event. For the avoidance of doubt, from time to time, PickleJar may be the Event Partner, and this will be made clear in the Event information on PickleJar.
2.4 Any changes to an event that occur after you have purchased a ticket (such as a change of date/time, location, program, or artist, or an event cancellation) are the sole responsibility of the Event Partner for that event. Please see Section 3, which sets out how we will inform you of any changes to an event.
2.5 By clicking the “Place Order” button in the App or on the Services, you are making a contractual offer to purchase the ticket(s). This offer is only accepted by PickleJar on behalf of, or acting as, the Event Partner once you receive a confirmation email from us (as such it’s important that you provide an accurate email address to PickleJar).
2.6 Upon purchase of a ticket, you will receive a confirmation to the email address (as provided to us during your registration on the App or the Services) containing any additional details about the event. It is your responsibility to check these details carefully before the event. Your ticket will be sent to you via text message to the phone number you verify at checkout. Your ticket is required for entry to the venue and must be presented upon request for each ticket holder. Note that for certain events, a hardcopy ticket may be provided to you. In these circumstances, we will notify you by telephone, email or within the App of the arrangements for receiving or collecting your tickets. You may be asked by the venue or streaming platform to separately verify your identity and/or age by providing a government-issued ID for events with age restrictions. For streamed events, access will be communicated to you via emails sent on the day of the streamed event.
2.7 When Purchasing tickets via the App or the Services, you may be limited to a maximum number of tickets for each event (as specified on the order page of the App or the Services).
2.8 We may make available certain goods (e.g., merchandise), services and digital content (“Non-Ticket Item”) for purchase via the App or the Services. Please see Section 13 for more information.
3. CANCELLATIONS, POSTPONEMENTS AND CHANGES
3.1 Once you have purchased a ticket, it cannot be exchanged or refunded except in the following circumstances:
- If an event is cancelled by the Event Partner, they are responsible for refunding the original ticket proceeds to you. PickleJar will arrange for the full refund to ticket holders on the Event Partner’s behalf and subject to us obtaining the funds to be provided from or on behalf of the Event Partner. We aim to do this within five (5) business days of the Event Partner returning the original proceeds to us to enable us to process refunds.
- If an event is postponed by the Event Partner, ticket holders may be given the option (subject to local laws and regulations) to either exchange their existing ticket for a new ticket for the rescheduled event date, or receive a voucher for the full ticket price, or a full refund.
- In accordance with our Waiting List feature for sold out events, where applicable. Please see Sections 6 and 7 for details.
- If the Event Partner has activated PickleJar’s cooling-off/automated refunds feature, unless the Event is due to take place within twenty-four (24) hours, in which case no such refunds will be available.
3.2 If an Event Partner notifies us of any changes to an event, or we are aware of any significant changes to an event where PickleJar is the Event Partner, we will:
- Send a message to the mobile phone number and/or email address specified by you when registering on the App or the Services informing you of the change; and
- Inform you about the Event Partner’s procedure for reimbursements and refunds, where appropriate.
3.3 We will not reimburse the cost of Purchased Tickets after an event has taken place unless instructed otherwise by, and at the discretion of, the Event Partner. You will not be entitled to a refund if you fail to attend an event or make an error when purchasing tickets (e.g., you buy the wrong quantity or the wrong time zoned ticket for a streamed event) unless PickleJar’s cooling-off/automated refunds feature has been activated by the Event Partner for the Event. You will not be entitled to a refund if you or cannot view a streamed event for technical reasons not caused by PickleJar. In no circumstances will a refund be issued if requested for an Event due to take place within twenty-four (24) hours of the request.
4. PRICES AND FEES
4.1 Tickets and Non-Ticket Item(s) purchased via the App or the Services are typically subject to, among other possible fees, a per ticket service fee and/or a per order processing fee. In some instances, you may be able to purchase tickets directly from the venue without paying our service fee. We collect tax as required by state and local laws. We may display the tax separately or include it in the total service fee amount. In many cases, you may need to pay a shipping or delivery fee. Any shipping or delivery charges are calculated based on delivery location and shipping method. Please note that the delivery fee, as well as the order processing fee, may not reflect the actual cost to deliver or process your order, and in some cases, these fees may include a profit to PickleJar and/or our Event Partner. The price of a ticket may go up or down over time, but you will pay the price shown when you place your order.
4.2 We accept payment with Visa, MasterCard, American Express, Apple Pay, Google Pay and any other payment methods indicated in the App or on the Services. You must pay for your order before the ticket(s) or Non-Ticket Item(s) will be provided to you.
4.3 We take all reasonable care to ensure that the price of the ticket(s) or Non-Ticket Item(s) set out in the App or on the Services is correct. If we discover an error in the price in your order, we will contact you to give you the option of either reconfirming your order at the correct price or cancelling your order. We will debit or refund the method you used for payment of the order, as applicable. If we are unable to contact you, you agree that we may treat your order as cancelled.
5. SEAT SELECTION
5.1 Some tickets available in the App or on the Services will be issued for a particular seat or seating area at the event venue. When ordering such tickets, the App or the Services may give you the option of selecting your preferred seating area (rather than individual seat numbers).
5.2 Where you have selected a seating area when placing your order for the tickets, we may contact you at a later date and before the event to give you the option of selecting a particular seat number for your ticket(s) (“Set Seat”), so long as you inform us of your selection via the App or the Services and within the timeframe provided to you by us. Please note that you may be required to pay a small charge to us via the App or the Services, in addition to the ticket price, in order to select a Set Seat. We will notify you of this charge when giving you the option to select a Set Seat.
5.3 Where you do not select a Set Seat under Section 5.2, we will allocate individual seat number(s) to you for your ticket(s) within the seating area you selected when placing your order. We will notify you of your seat numbers via the App or the Services and prior to the event. We will endeavor to ensure that where you have ordered more than one (1) ticket, each ticket will be allocated seats that are next to each other. If you have any questions in relation to seat allocation please contact us at [email protected].
5.4 PickleJar has the right to allocate you alternative seats of an equal value.
5.5 Any seating charts shown via the App or the Services will reflect the general layout of the venue at that time. For some events, the layout and specific seat locations may vary without notice. Neither PickleJar nor the Event Partner will be liable for any difference between seating charts shown in the App and the layout of the venue.
6. WAITING LISTS REFUNDS
6.1 When an event has sold out, and as agreed with the Event Partner, PickleJar may enable the waiting list feature (“Waiting List”) for that event.
6.2 Where the conditions of Section 6.1 have been met, you may have the option to offer your ticket to the Waiting List via the App or the Services in order for it to be offered to other users of the App or the Services, so long as the return is made prior to the Event Partner’s deadline. This deadline is at the discretion of the Event Partner, though PickleJar endeavors to make the deadline as close as possible to the stated event time.
6.3 Once you have agreed to offer your ticket to the Waiting List, you forfeit your rights to the ticket(s) and they will no longer exist in your account during the Waiting List period. If the ticket(s) offered is not successfully purchased by another user from the Waiting List, the ticket(s) will be returned to your account prior to the Event Partner’s deadline, and you will be able to use the ticket, but not be eligible for a refund. If the ticket(s) is successfully purchased by another user from the Waiting List before the deadline, it will be deemed to have been resold by the Event Partner to the new purchaser as described in Section 2.3, your rights to the ticket will cease entirely, and a full refund of your original purchase for that ticket(s) will be provided to you. You will not be paid the difference (if any) between the original purchase price and the price for which the ticket was resold for, if higher (with such difference being the “Waiting List Fee”).
7. WAITING LISTS PURCHASES
7.1 The App or the Services may allow you to sign up to the Waiting List for an event. If additional tickets are available for purchase, either by the Event Partner providing PickleJar with more tickets to sell on its behalf or other users returning their Purchased Tickets to the Waiting List in accordance with Section 6.2, you will be notified and given a limited time period in which to purchase the tickets through the App (“Timeframe”).
7.2 Purchased Tickets via the Waiting List are subject to a higher price above the original price of the ticket(s). The Waiting List price you see in the App or on the Services is the price for that ticket including the Waiting List Fee but excluding any applicable taxes and/or fees when purchased through the Waiting List.
7.3 If you have joined the Waiting List and are offered a ticket(s), you are under no obligation to make a purchase.
7.4 Failure to complete a purchase of ticket(s) offered to you, within the Timeframe, will result in the tickets being offered to the next person on the Waiting List. Users who miss an opportunity to purchase tickets offered to them from a Waiting List during the Timeframe may contact [email protected] in order to be placed back on the Waiting List. A user added back on to the Waiting List in this way will join at the end of the Waiting List (and will not be given their original position).
7.5 You acknowledge that joining a Waiting List does not guarantee you will successfully purchase a ticket that becomes available. We are also not responsible if you fail to receive a notification or complete a transaction within the Timeframe in order to successfully purchase the offered ticket(s).
8. ACCIDENTAL PURCHASES
8.1 You are responsible for checking the event details before Purchasing a ticket to ensure that the event’s artist, date, time, location, age limit, and any other restrictions are correct and acceptable to you. You will not be eligible for a refund in instances where such restrictions prevent your attendance.
8.2 Streamed events will sometimes be shown at multiple times to suit viewers in different time zones. The time zone stated in the event description is fixed, and unless otherwise stated does not exclude fans from outside that territory or time zone from purchasing. However, it is your responsibility to check that the time zone for which you are purchasing is suitable for you. PickleJar cannot guarantee refunds or exchange of tickets for an alternative time zone if you mistakenly purchase a ticket for a time zone that does not suit your viewing.
9. NON-RESALE OF TICKETS
9.1 You may not resell or transfer your tickets, except for under (i) the “Limited Right to Transfer Tickets” feature described in Section 10, and only if such reselling or transfer is not prohibited by law or by the relevant Event Partner, or (ii) the “Waiting List” feature specified in Section 6. Further, you may not duplicate a ticket, for example, by taking a screenshot of the ticket on your device or, for livestreamed events, giving your access details to another person.
9.2 Any resale or transfer (or attempted resale or transfer) of a ticket in breach of Section 9.1 is grounds for the immediate confiscation, invalidation, or cancellation of that ticket without refund or other compensation, and may result in full suspension of your use of the ticket transfer feature or full suspension of the original ticket holder’s use of the App in general, at PickleJar’s sole discretion.
10. LIMITED RIGHT TO TRANSFER TICKETS
10.1 For certain events, a person who has purchased a ticket (a “Sender”) may be permitted to transfer the ticket via the App or the Services to another registered user (a “Recipient”). This can be done at any time prior to the ticket transfer cut-off date and time specified by the Event Partner, provided that the conditions below are met:
- The Recipient has a device compatible with the App;
- The Recipient’s mobile number associated with the App is stored and accessible from the contact list or phone book of the Sender’s personal device;
- The Recipient has downloaded the most recent and updated version of the App to their phone; and
- The Recipient has successfully registered and created an App account using the device and mobile number mentioned above.
10.2 PickleJar provides this feature to facilitate the transfer of the rights to a ticket only. The transfer does not extend to the payment for the ticket, which must be arranged separately and directly between the Sender and the Recipient.
10.3 Due to restrictions placed on PickleJar by Event Partners, only tickets for certain events may be transferred using this feature. If the event does not allow the transfer of tickets as a feature within the App, you may contact [email protected] to request this manually by providing the full name and mobile number of the Recipient to whom you wish to transfer a ticket. Conditions for the Recipient to receive the ticket are as described above. You must contact PickleJar at least two (2) weeks in advance of the event date if you wish to transfer a ticket in this way. If you contact us to transfer your ticket with less than this notice period, we cannot guarantee we will be able to fulfil your request. Any requests to transfer tickets in this manner that are received less than two (2) weeks before the event may be denied at PickleJar’s sole discretion or subject to additional fees.
10.4 When using the ticket transfer feature, the Sender is responsible for ensuring that the mobile number of the Recipient is correct for the intended purchaser of the ticket. Any ticket successfully transferred to a Recipient automatically becomes the property of that Recipient and the Sender then has no rights in relation to the ticket. PickleJar is not responsible for any tickets mistakenly sent to the wrong Recipient and cannot transfer the tickets in question back to the Sender without the Recipient’s prior authorization or consent.
10.5 The Sender is responsible for requesting and arranging any payment for the ticket separately and directly with the Recipient. Any such payment must not be for a sum exceeding the face value of the ticket. PickleJar is not responsible for any Recipient refusing to pay any Sender. If an event is cancelled, a refund will be made to the Sender as the original ticket holder by the same means as payment for the ticket was originally made. The Sender is then responsible for remitting the refund separately and directly to the Recipient.
10.6 When requested by the Sender, Recipients of tickets are responsible for settling payment separately and directly with the Sender for an amount no greater than the face value of the ticket.
10.7 If the Recipient of a transferred ticket is unable to attend the event, the tickets may be transferred again to a new Recipient or returned to the original Sender using the process set out above.
10.8 It is prohibited for any Recipient to pay more than face value for a ticket. PickleJar will conduct periodic checks with Recipients to ensure that no more than face value was paid for any ticket. Any transfer of tickets under this Section 10 for commercial purposes is strictly prohibited, including but not limited to using Purchased Tickets in prize draws or competitions. Any Sender found to have requested or received payment from a Recipient above the face value, or found to have transferred (or offered to transfer) a ticket for commercial use, is in breach of the terms under which the ticket was sold and that may be cause for the immediate confiscation, invalidation, or cancellation of the ticket without any refund or other compensation and for a future restriction on the use of the ticket transfer feature or full suspension of the Sender’s use of the App in general, at PickleJar’s sole discretion.
11. LIABILITY AND WARRANTY DISCLAIMERS
11.1 You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor.
11.2 You bear all risks of inclement weather. Event date and time are subject to change.
11.3 PickleJar assumes no responsibility for tickets purchased through third parties or unofficial sales channels. PickleJar is not responsible for any differences in price with other media or sales channels.
11.4 PickleJar is not responsible for:
- Loss or theft of personal mobile devices, any tickets stored within the App or the Services on a lost or stolen device or any hardcopy tickets. Events in real life are generally provided with a door list with names of individuals who have purchased tickets through the App or the Services. Our Event Partners may seek to allow you to gain entry to the event without your mobile phone by you speaking to a PickleJar or event representative who will ask for a government-issued ID verification in order to allow access to the event. However, this is not guaranteed.
- Any personal arrangements including travel, accommodation or hospitality relating to the attendance or an event. Neither we nor the relevant event partner shall be liable to you for any loss of enjoyment or wasted expenditure.
- Any issues relating to the quality of a streamed event including but not limited to buffering, pixelation, functionality of the stream, or access to the stream from a specific device, unless such issues are the fault of PickleJar.
- Any exchange or bank fees incurred by you arising from the normal course of payment or reimbursement.
11.5 Except as otherwise set out in this Purchase Policy, our liability to you in connection with:
- An event (including, but not limited to, any cancellation, rescheduling or material change to the program of the event or the quality of an event, or your ability to view a streamed event) and the ticket you have purchased shall be limited to the price paid by you for the ticket or $5, whichever is higher; or
- A Non-Ticket Item shall be limited to the price paid by you to us for that Non-Ticket Item.
11.6 PickleJar shall have no liability if you are refused entry to, or removed from, an event by any third party and for any reason.
11.8 You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness – including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted – and you hereby waive any and all claims and potential claims against PickleJar, and the Event Partner – and against any companies affiliated with PickleJar, or the Event Partner – relating to such risks, hazards, and dangers.
11.9 You also agree:
- To comply with all health and safety protocols implemented by the Event Partner (which can be amended at any time according to the latest guidance or legislation, or as otherwise deemed necessary). These protocols may be communicated to you via various channels including but not limited to the Event Partners’ website, venue signage or as instructed by venue staff at the event;
- To abide by all government guidance aimed at preventing the transmission of Covid-19; and
- Not to enter the venue if you believe you may have been infected or exposed to Covid-19, in the previous seven (7) days before the event.
12. ACCESS TO VENUES AND STREAMED EVENTS
12.1 Your purchase of a ticket to an event via the App or the Services will give you a personal revocable license from the Event Partner to attend the event, or view the livestream, always subject to this Purchase Policy. By purchasing a ticket on the App or the Services, you acknowledge that the Event Partner reserves the right, on reasonable and lawful grounds, to refuse entry, to block online access, or remove from the premises any ticket holder without requirement to offer a refund or other compensation. For example, the Event Partner may remove a ticket holder who:
- Has behaved in a manner which, in the reasonable opinion of the Event Partner has, or is likely to, affect the enjoyment of other visitors;
- Uses threatening, abusive or insulting words or behavior, or in any way provokes or behaves in a manner which may provoke a breach of the peace;
- In the reasonable opinion of the Event Partner, is under the influence of alcohol or drugs;
- Fails, when required, to produce proof of identity or age (as or when appropriate);
- Fails to comply with any measures intended to fight the spread of Covid-19 or other public health measures.
12.2 By accepting this Purchase Policy, you acknowledge that PickleJar shall have no liability if you are refused entry to an event, or you are removed or blocked from a streamed event, by an Event Partner or otherwise for the actions or inactions of the Event Partner.
12.3 Unless stated in the event copy, all streamed events are broadcast as live experiences. It is your responsibility to ensure that you are ready and able to watch the event ahead of time, in accordance with the instructions sent via the App or in PickleJar’s event communications. Unless otherwise stated, you should assume that streamed events will not be available to watch after the listed time and date, and that you will not be able to pause or rewind streamed events.
12.4 To view a streamed event, you should ensure you have the most up to date version of the App, or you are viewing via an up-to-date web browser on a laptop or desktop computer. Though PickleJar does work with a number of streaming platforms and casting configurations, we cannot guarantee functionality when streamed events are viewed via casting devices, smart TVs, games consoles or other hardware. If for any reason you experience buffering or access issues during a streamed event, we are unable to guarantee a refund or rewatch opportunity.
13. NON-TICKET ITEMS
We may make available certain Non-Ticket Items for purchase via the App (including goods, services and digital content). This Section 13 only applies to the purchase of Non-Ticket Items (and not to tickets).
13.1 Any Non-Ticket Item purchased through the App or the Services is subject to:
- This Purchase Policy;
- Any additional terms and conditions of the relevant Event Partner(s) which can be found on the order pages when making a purchase.
13.2 Note that where we have made a Non-Ticket Item available via the App or the Services on behalf of an Event Partner, any cancellation or return of that Non-Ticket Item will also be subject to the terms and conditions of that Event Partner.
13.3 Note that you do not have a right to change your selection or cancel a purchase made via the App or the Services for:
- Tickets or other forms of entry to an event;
- Merchandise or other goods;
- Any upgrades or additional services including travel, catering, accommodation, transport or services relating to leisure activities, to be provided on a specified date or during a specified period;
- Services, once these have been completed, even if the fourteen (14) day cancellation period is still running; and
- Digital content after you have started to download or stream these.
13.4 You have the right to change your selection and cancel a purchase made via the App or the Services for:
- Services within fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your selection or cancel, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your selection or cancelled; and
- Digital content within fourteen (14) days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your selection or cancel.
13.5 You can cancel by emailing us at [email protected]. We will refund you the price you paid for the services or digital content. We will make any refunds due to you as soon as possible.
14. SUSPECTED FRAUD
14.1 We have the right to remove or revoke your tickets (including any tickets transferred in accordance with Section 10) and provide a full refund to the payment card account holder if your Purchased Ticket is suspected of being fraudulent and/or if we have grounds to suspect that your tickets were purchased using a stolen card (the “Suspected Fraud”).
14.2 Where clause 14.1 applies, we are not obliged to notify you of the removal, revocation, or refund, nor provide you with any detail of the Suspected Fraud. This is to ensure that those committing fraud are not alerted to the methods of investigation.
14.3 If you believe that your tickets have been removed incorrectly due to the Suspected Fraud, you may dispute this by contacting our support team at [email protected].
15. RECORDING, TRANSMISSION AND EXHIBTION
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, the Event Partners, our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. In the case of virtual events, you may view the virtual event solely for your own personal purpose. You may not record, copy, publicly exhibit, transmit, or distribute any virtual event through any means, resell views of any virtual event, or allow others to log into your account for the purpose of watching a virtual event.
16. YOU ARE SUBJECT TO SEARCH
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain venue rules, certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.