Ticket Rebound Terms and Conditions

Philadelphia 76ers, L.P. (“76ers”) operates Ticket Rebound (the “Service”). Your use of this Service signifies your agreement with the following terms and conditions (these “Terms”), as well as your agreement with the Terms of Use and Privacy Policy posted on the website of the 76ers (collectively, the “Website Terms”). The 76ers reserves the right, in its sole discretion, to modify these Terms without further notice and at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Service and do not alter in any way the Website Terms or the terms and conditions of any other agreement you may have with the 76ers or Patron Solutions, L.P. d/b/a New Era Ticketing (“New Era”) for products, services or otherwise.

User Account, Identification, Password and Security
If you register online for the purpose of purchasing a Ticket (each such user shall be hereafter referred to as a “Buyer” and collectively as “Buyers”), you will receive a username and password as part of the registration process. If you are designated by the 76ers as a “full season ticket holder” (a “Season Ticketholder”), you will receive a separate mailing that identifies how you should access the Service. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify the 76ers by e-mail at 76ersservice@comcast-spectacor.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure you exit from your account at the end of each session.

Posting Tickets for Sale and Ticket Selling
Anyone who is registered as a Buyer may purchase 76ers tickets (each, a “Ticket” and collectively, the “Tickets”) on the Service; however only Season Ticketholders may sell Tickets and Season Ticketholders may only sell those Tickets which are designated by the 76ers as “season tickets” and included as part of the season ticket package. Placing Tickets for sale on the Service is an offer by the Season Ticketholder (each Season Ticketholder who places Tickets for sale on the Service shall be referred to as a “Seller” and collectively as the “Sellers”) to sell those Tickets should a Buyer make payment using the “buy” option. Sellers may post Tickets for sale on the Service at any time up to 24 hours prior to the game date. A Seller may remove an unpurchased Ticket from the Service at any time; however, once a Buyer has commenced the order process, the Seller will not be able to modify or cancel posting of that Ticket, or to stop that Ticket’s sale. All sales are final. When using the Service to sell a Ticket, the Season Ticketholder will be the Ticket Seller, not the 76ers or New Era. The 76ers and New Era are only providing the Service that will facilitate a Seller’s sale. Neither the 76ers nor New Era will ever take title to the Ticket in connection with the Service; rather, title will pass directly from the Seller to the Buyer following a successful sale.

Seller Description Rules
Sellers have the ability to describe their Ticket posting during the Ticket posting process. Sellers are limited to entering up to 200 characters to describe their Ticket offering. At no time will Sellers be allowed to enter descriptions that (i) contain personal contact information such as e-mail address, phone numbers or arrangements for sales outside of the Service; (ii) include any content that is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) are inaccurate, including misleading information regarding seat location, amenities or single game gate price; or (vi) contain links to outside websites or other solicitations (collectively, the “Seller Description Rules’). Sellers that are found to be in violation of the Seller Description Rules will have their access to the Service immediately revoked. The 76ers and New Era have the right, but not the obligation, to review, edit or delete any Seller description that they believe may create a liability for them, and also to deny access to the Service for any reason or no reason. Display of any Seller description does not constitute approval or endorsement by the 76ers or New Era.

Sale of Tickets
Tickets may be sold on a fixed price basis only (no auctions), with such fixed price being referred to herein as the “Posting Price.” The Posting Price may not be less than the price established by the 76ers for admission to the facility in which the game is to be played, nor may the Posted Price exceed the maximum resale price permitted in accordance with Pennsylvania law, if any. If the Ticket is purchased, the Buyer will pay a service fee, in addition to the Posting Price of the Ticket, equal to twenty percent (20%) of the Posting Price as a charge for the Buyer’s use of the Service. Such service fee shall be paid to the 76ers in accordance with these Terms and shall be non-refundable except as provided by law.

Invalidating Tickets
By posting a Ticket using the Service, you authorize the 76ers, upon purchase of the Ticket by a Buyer, to cancel and invalidate (by systematic deactivation of the barcode) your right to use or convey the original Ticket, and you acknowledge that the posted Ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that Ticket via the Service. You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any Ticket before or during any time that it is posted for sale on the Service or (b) any sold or otherwise cancelled or invalidated Ticket. Any such attempts may result in all of your privileges to the Service being revoked.

Sale Cutoff Times
Tickets must be sold 24 hours prior to game time. Any unsold tickets will be removed automatically from the Service and remain the possession of the Seller.

Notification Dates for Unsold Tickets
In the event Tickets put up for sale do not sell by the sales cutoff time, an email will be sent to your registered email address notifying the Seller that the Tickets did not sell. Any email notification is for Seller’s convenience and the 76ers and New Era accept no liability should the reminder email fail to reach the Seller for any reason. It is the responsibility of the Seller to track any Tickets for sale.

Applying Money to Season Ticketholders Accounts After Tickets Have Sold
Upon the sale of a Ticket, one hundred percent (100%) of the Posting Price will be credited to the Seller’s season ticket account. These proceeds received from the sale of Tickets will be applied, at the direction of the Seller toward (i) the Seller’s season ticket renewal for the following season, (ii) the Seller’s post-season ticket order or (iii) will be refunded to the Seller via check within sixty (60) days of the conclusion of the regular season. 76ers have right to retain proceeds if Seller is in default.

Buying Tickets on the Service
When you purchase a Ticket through the Service, you are entering into a purchase agreement, and the credit card you supply will be charged. A 20% non-refundable (except as required by law) service fee will be added to the purchase price of the Ticket, and will be paid to the 76ers. You agree that the non-refundable service fee is reasonable and acknowledge that it is required to compensate for the costs incurred in facilitating Ticket sales transactions through the Service.

Reselling Tickets
Reselling Tickets purchased on the Service is strictly prohibited. In other words, a Buyer may not resell a Ticket purchased on the Service through the Service again. Further, a Seller may only sell a Ticket once and may not sell any additional Tickets that they may purchase using the Service.

Refunds and Exchanges
Before purchasing Tickets, the Buyer should carefully review the event date and seat selection. All Ticket sales are final. No exchanges or refunds will be given after a Ticket has been purchased, except as required by law or as stated in these Terms or on the Ticket, or for lost, stolen, damaged, destroyed or forgotten Tickets.

Rights of Refusal and Revocation of Privileges
New Era and the 76ers reserve the right to refuse privileges and access to the Service to anyone. Further, once the sale of Tickets has been completed, the barcodes of the Tickets will be invalid and it is the Seller’s responsibility to destroy the Tickets for the sold event. Any ticket holder attempting to use the sold and/or cancelled tickets for admittance to the game for which the Tickets are deactivated will not be granted access and any such use may result in all privileges to the Service being revoked.

Your Obligations as a User of the Service
In exchange for your use of the Service, you agree: (a) to provide the Service with current, complete and accurate information about yourself (“Registration Data”), (b) to maintain and update your Registration Data as necessary to ensure that it remains current, complete and accurate; (c) not to use the Service in any way contrary to law or for any illegal purpose; (d) not to impersonate any person or entity, including without limitation, a Season Ticketholder; (e) not to interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (f) not to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) not to engage in any other conduct which, in the sole discretion of the New Era and the 76ers, is considered unauthorized or objectionable; (h) not to use the Service in connection with any commercial endeavors other than the buying or selling of Tickets in a manner consistent with these Terms; and (i) not to use the Service contrary to these Terms or the Website Terms.

Service Modifications
New Era and the 76ers reserve the right, in their sole discretion, to modify, suspend or discontinue all or any part of the Service at any time, with or without notice to you. New Era and the 76ers also reserve the right, in their sole discretion, to impose limits on certain features of the Service and to restrict access to any part or to all of the Services without notice to you. Neither the 76ers nor New Era shall be liable to you or any third party for any claim or cause of action arising out of the exercise of the foregoing rights.

Disclaimer; Limitation of Liability
Neither the 76ers nor New Era (collectively, the “Released Parties”) make any guarantee that any Tickets posted by a Seller will be purchased through the Service, or that any Tickets transferred or distributed by you will be accepted by the intended recipient. THE RELEASED PARTIES AND EACH OF THEIR AFFILIATES, PARENTS, SUBSIDIARIES, PARTNERS, EMPLOYEES, OFFICERS, AGENTS AND LICENSEES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION PROVIDED ON THE SERVICE BY YOU OR ANY OTHER USER OR THIRD PARTY, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE (EVEN IF THE RELEASED PARTIES, OR ANY OF THEIR LICENSEES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR SOLE RISK. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, the liability of the Service provider(s), the 76ers and New Era in such jurisdictions shall be limited to the fullest extent permitted by law. No information, whether oral or written, obtained by you from the Service, the Released Parties or any of their agents, employees or licensees shall create any warranty not expressly made in these Terms or alter any guarantee or warranty expressly made in these Terms. Neither any Released Party nor any other party involved in creating, producing, maintaining or delivering the Service shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Service or your downloading of any material or information from, or referred to by, the Service.

Use of the Service is subject to all applicable laws and is void where and to the extent prohibited.

Indemnification
You agree to indemnify and hold harmless the 76ers and New Era and each of their respective parents, subsidiaries, partners, affiliates and licensees, and all of the foregoing’s respective officers, employees, agents, successors and assigns (collectively, the “Philadelphia 76ers”), from and against any claims, suits, actions, proceedings, liabilities, judgments, damages, demands, costs and expenses (including without limitation attorneys’ fees and expenses) arising out of or relating to your use of the Service, any other person’s use of the Service under your password or account, your actual or alleged breach or violation of these Terms, or your infringement or violation (or the infringement or violation by another user who accesses the Service using your computer equipment or your password or account information) of any intellectual property or other right of any person or entity. Additionally, a Seller further agrees to indemnify the Philadelphia 76ers to the extent the Philadelphia 76ers are required by law to refund to a Buyer the Posting Price, and such Seller shall promptly reimburse the Philadelphia 76ers for an amount equal to the Posting Price which has been refunded by the Philadelphia 76ers.

Choice of Law; Jurisdiction
These Terms, and use of the Service, and any disputes relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and performed exclusively in that state, notwithstanding any conflict of law provisions to the contrary. Any court of competent jurisdiction sitting within Philadelphia County, Pennsylvania will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or your use of the Service. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you.

Questions
For questions regarding the Service, please refer to the Help section of the Service on the website, contact customer service at 76ersservice@comcast-spectacor.com or call 215-952-7000 during business hours.