Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations. The following are the terms of use ("Terms") that govern your purchase of a ticket or tickets for any event ("Event") located at a venue within Parx Casino®, including the Xcite Center and Bar 360 ("Parx Venue"). By purchasing a ticket to an Event, you expressly agree to these Terms, as updated from time to time. We may make changes to these Terms at any time, which will be effective immediately when we post a revised version of these Terms on Parx Casino®'s web site. By continuing to use the tickets purchased, you agree to the changes.
Purchase Policy
Methods of Payment
Parx Casino® accepts cash or Credit Card (Visa, MasterCard, American Express, and Discover).
Ticket Pricing
Tickets & ticket rates are available while supplies last. Tax and fees not included in the ticket rate.
Service and Handling Fee
In order to help offset expenses related to box office hardware, software and third party online sales services, we charge a service fee for each sale. We make every effort to keep the fees as reasonable as possible.
No Refunds
Tickets are non-refundable and no credits will be issued for unused tickets, whether they were purchased individually or as part of a package.
Payments for Reservations
Tickets cannot be reserved without payment, which must be received at the time of purchase.
Confirmation/Receipt of Ticket
If purchasing an e-ticket, the purchaser will receive an online ticket confirmation by email. There will be a link to your e-ticket which you can print at home, keep on your mobile device or add to your Apple Wallet.
Ticket Exchanges
We have a no exchange policy. Tickets valid for the show date purchased only.
Show Cancelations
Event cancelations due to inclement weather or other circumstances are very rare. When an Event must be canceled, we will make every attempt to reschedule to an alternate date. If we are unable to do so, we will refund your ticket. Please note: Parx Casino® does not offer refunds when an Event has taken place.
Authorized Ticket Sales
Parx Casino®'s box office and AXS are the only authorized outlets for tickets to Events. Tickets purchased from any other sources, such as brokers or secondary market web sites, are purchased at your own risk. We urge patrons to purchase tickets only from our authorized ticketing outlets. By purchasing from the official ticket providers, you are assured that the ticket you receive is valid and being sold to you at face value. If you buy from an unofficial broker or secondary market:
We cannot guarantee that your tickets are genuine.
We cannot replace lost, stolen or invalid tickets.
We cannot contact you with information on show cancellations, time changes or other useful information.
Ticketing
You must bring a printed copy of your ticket or bring a mobile device with your e-ticket and present at the door to enter. If purchasing an e-ticket, you will receive an online ticket confirmation by email. There will be a link to your e-ticket, which you can print at home, keep on your mobile device or add to your Apple Wallet. Duplication of the Event ticket will void both the original and duplicate. The unique barcode will only allow admittance one time. Valid Photo ID may be required.
License; Ejection and Cancelation
A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount, where appropriate. A ticket is not redeemable for cash. Parx Casino® reserves the right, without refund of any amount paid, to refuse admission to, or eject any person whose conduct management deems disorderly, or who breaches these Terms or fails to comply with our Code of Conduct or rules. Breach of these Terms or our rules will terminate your license to attend the Event without refund.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations.
By purchasing a ticket, you represent and warrant to Parx Casino® that you and any other persons for whom you purchase the ticket are 21 or older and are not self-excluded or otherwise barred from entering Parx Casino® due to an exclusion or ejection issued by Parx Casino®, the Pennsylvania Gaming Commission, or court order. If you misrepresent your or any other person's exclusion status and/or age, all tickets you purchase will be considered void and any attempt to enter the Parx Venue will be considered trespass. Upon demand, you agree to reimburse Parx Casino® for any and all fines and related expenses that Parx Casino® may incur as a result of any misrepresentation of exclusion status or age.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, phone number and or/addresses to conduct transactions on Parx Casino®'s or its authorized ticketing outlet's ticket distribution channels, i.e. web site, telephone or in-person box office ("Distribution Channels"). You will not make any claim or seek to hold Parx Casino® liable if you do not comply with laws related to your transaction or with these Terms.
You will not engage in unlawful, aggressive or unruly behavior, including the use of abusive or vulgar language.
You will not engage in any commercial activities, including conducting sales of tickets, products or services at the Parx Venue and will not use any area of Parx Casino®'s web site or its authorized ticketing agent's web site to engage in commercial activities.
You will not smoke within the Parx Venue, including, without limitation, smoking any tobacco, vapor, marijuana, or electronic smoking devices.
Outside food and beverages are not permitted in the Parx Venue. Options are available within the venue.
The following items may not be brought into the Parx Venue: alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, noisemakers and other items that Parx Casino® determines in its sole discretion may cause an interference with the Event or pose a risk to public safety.
The use of recording equipment or the taking of photographs is prohibited at all performances. This includes, but is not limited to, cell phones with cameras, video cameras, and audio recording devices. Parx Casino® reserves the right to confiscate any and all devices in non-compliance with this policy.
You agree that the Event for which you purchase tickets is a public event, that your appearance and actions inside and outside the Parx Venue 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 Parx Casino® to use your name, image, likeness, and statements in any live or recorded audio, video, or photographic display or other transmission made of or at the Event for any purpose, in any manner, in any medium or context, without further authorization from, or compensation to, you or anyone acting on your behalf.
Additional Terms
Violation of These Terms
We may take legal action that we feel is appropriate if you violate these Terms. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. In addition to any other remedies available to us, if we determine that you have violated these Terms, we may cancel a ticket or ticket order associated with any person we believe to be acting with you.
Disputes; Mandatory Arbitration and Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, validity, interpretation, construction, or enforcement thereof shall be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply, which may be commenced only in the Bucks County District Court, located at 3727 Bristol Road, Bensalem, Pennsylvania 19020; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against Parx Casino® may be commenced only in a state court located within Bucks County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect. This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Parx Casino®, 2999 Street Road, Bensalem, PA 19020, Attn: Legal Dept. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its applicable rules, and there shall be one arbitrator affiliated with JAMS; the identity of the arbitrator shall be mutually agreed upon by the parties. The JAMS rules are available online at http://www.jamsadr.com or by calling 800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Philadelphia County or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
Choice of Law
The validity, interpretation, construction and enforcement of these Terms, your use of the Distribution Channels and products or services sold or distributed by or on behalf of Parx Casino® and its agents shall be governed and controlled by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules.
Indemnification
To the fullest extent permitted by law, you shall fully defend, indemnify and hold harmless Parx Casino®, its affiliated companies, authorized ticket distributors, suppliers, advertisers and sponsors, agents, and each of their officers, directors, owners, employees, agents and representatives ("Indemnified Parties") for, from and against any and all actions, causes of action, claims, suits, losses, liabilities and damages, and expenses in connection therewith, including, without limitation, attorneys' fees and disbursements incurred by Indemnified Parties that relates to your breach of these Terms, including any breach of representation, or any loss or damage proximately caused by the acts or omissions of you, including without limitation property damage, bodily injuries or death to anyone, or for any tort (legal wrong) based upon negligent, reckless or intentional conduct of you. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Limitation of Liability
To the fullest extent permitted by law, in no event will Parx Casino®, its affiliated companies, authorized ticket distributors, suppliers, advertisers and sponsors, and each of their owners, employees, officers, directors, and agents, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type other than out of pocket expenses, and any right to have damages multiplied or otherwise increased, arising out of or in connection with these Terms, your use of the Distribution Channels, and products or services sold or distributed by or on behalf of Parx Casino® and its agents, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory.
Without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any lost, stolen, or damaged tickets, (b) any personal injury or property damage of any nature whatsoever resulting from your access to and use of the Distribution Channels, including, without limitation, any unauthorized access to or use of secure servers and/or any personal information and/or financial information stored therein and any bugs, viruses, works, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through the Distribution Channels, or (c) any errors, mistakes, inaccuracies or omissions in any content of the Distribution Channels. Your sole and exclusive remedy for dissatisfaction with the Distribution Channels is to stop using them. The limitations in this section will apply even if any limited remedy fails of its essential purposes. The allocation of risk between us is an essential element of the basis of the bargain between us.
Our aggregate liability arising out of these Terms and/or the use of the Distribution Channels will not exceed the greater of one hundred dollars ($100) or the amount you have paid to us in the past twelve (12) months. In no event will attorneys' fees be awarded or recoverable.
Our liability will be limited under this section to the fullest extent permitted by applicable law, and the provisions of this section will not apply to the extent applicable law prohibits such limitations. The provisions of this section that (A) prohibit damages to be multiplied or otherwise increased, (B) impose a damages limitation, and (c) prohibit the recovery of attorneys' fees and costs, do not apply in certain states, including without limitation New Jersey, to claims brought under statutes permitting such recovery.
Survival of Terms
The terms and conditions herein shall survive the expiration or termination of the Event to the full extent necessary for their enforcement and for the protection of the party for whose benefit they operate.
Covid Policy
By purchasing this ticket, I understand that I will be obligated to follow the health and safety policies and procedures of Greenwood Gaming & Entertainment, dba Parx Casino, and its affiliates ("Parx"), which are routinely updated based on guidance from federal, state and local health agencies. I understand that entering the Xcite Center, which is a large venue with close seating, may carry the health risk of exposure to COVID-19, which is a highly contagious virus that may cause me serious illness or death, and I knowingly and voluntarily waive any and all claims arising out of such exposure against Parx, the performing artists, and each of their agents and affiliates, even to the extent arising out of their negligent or intentional actions or inactions.
Mask Requirements, Vaccine, and Negative Test Requirements
At this time, any mask/vaccine or negative test requirements are based on a show-by-show basis, as expressed by the artist touring party. Please make sure to check on any updates for the event you plan to attend periodically.
Questions
If you have any questions, comments or complaints regarding these Terms or the Distribution Channels, please contact us at:
Parx Casino®
2999 Street Road
Bensalem, PA 19020
215-639-9000