1 in the UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of ILLINOIS JOHN TEZAK, on Behalf of Himself and All Others Simi

Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 1 of 18 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

JOHN TEZAK, on behalf of himself and all ) others similarly situated, ) ) Plaintiff, ) ) Case No.: 1:20-cv-2482 vs. ) ) LIVE NATION ENTERTAINMENT, INC., a ) Honorable Delaware Corporation, TICKETMASTER ) ENTERTAINMENT, LLC, a Delaware Limited ) Liability Company, and TICKETMASTER ) ENTERTAINMENT, INC., a Delaware ) Corporation, ) Defendants. ) CLASS ACTION COMPLAINT AND JURY DEMAND INTRODUCTION

1. Plaintiff John Tezak (“Plaintiff”), by and through his counsel, files this Class Action

Complaint against Live Nation Entertainment Inc. (“Live Nation”) Ticketmaster Entertainment LLC, and Ticketmaster Entertainment, Inc. (together “Ticketmaster”) (collectively with Live Nation

“Defendants”), on behalf of himself and on behalf of a class of similarly situated individuals, and alleges, upon personal knowledge as to his own actions, and upon investigation of counsel as to all other matters, as follows:

NATURE OF THE ACTION

2. In the midst of the greatest public health and economic crisis in living memory, countless

American individuals, organizations, and business enterprises have stepped up to help those who have been hardest hit. Unfortunately, a select few companies have sought to force their customers to bear the brunt of their own shortsightedness. Defendants, household names that dominate the live entertainment industry, have sought to surreptitiously shift their losses onto their innocent customers, furthering the financial hardship endured by people across the country.

3. Live Nation is the parent company of Ticketmaster and according to its own description

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“the largest live entertainment company in the world”.1 Ticketmaster is the nation’s most dominant ticketing company, and it provides ticketing services for most if not substantially all of Live Nation’s events.

4. Plaintiff brings this action on behalf of himself and a class of similarly situated individuals who purchased tickets to Defendants’ events, which in response to apparent liabilities they would incur stemming from the COVID-19 pandemic, Defendants “postponed” indefinitely so that they could keep their customers’ money as a form of interest-free loan.

5. Defendants have quietly sought to force their buyers to endure the financial losses that

Defendants created for themselves in the entirely foreseeable scenario that world occurrences would cause the simultaneous cancellation of numerous public events.

6. Defendants’ uniform conduct is equally applicable to the class. Plaintiff brings this class action against Defendants for: (1) breach of contract; (2) conversion; (3) negligent misrepresentation;

(4) violations of the Illinois Consumer Fraud Act, 815 ILCS 505/2 et seq.; (5) violations of the Illinois

Ticket Sale and Resale Act, 815 ILCS 414/1.5 et seq,; and (6) unjust enrichment. Plaintiff seeks an order requiring Defendants to, among other things: (1) cease retaining funds for any cancelled and/or constructively cancelled event; (2) cease listing events as postponed when they know that that they cannot reasonably be rescheduled; and (3) pay damages and/or restitution to Plaintiff and Class members.

JURISDICTION AND VENUE

7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d)(2). The amount in controversy, exclusive of interest and costs, exceeds the sum or value of $5,000,000 and is a class action in which there are numerous class members who are citizens of states different from

1 Live Nation’s 2019 10k (available at https://investors.livenationentertainment.com/sec- filings/annual-reports/content/0001335258-20-000028/0001335258-20-000028.pdf) (last visited April 23, 2020).

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Defendants. The number of members of the proposed class is in the aggregate greater than 100 and more than two-thirds of the class members reside in states other than the state in which Defendants are citizens.

8. This Court has personal jurisdiction over Defendants because they conduct significant, substantial, and not-isolated business activities in Illinois and a substantial portion of the acts complained of took place in Illinois. Defendants’ Terms of Service also require submission to the

Jurisdiction of the State of Illinois.

9. Venue is proper in the Northern District of Illinois because Defendants conduct business in this District and many of the events that gave rise to Plaintiff’s claims occurred in this District.

PARTIES

10. Plaintiff John Tezak is an individual and a citizen of Illinois.

11. Defendant Live Nation Entertainment Inc. is a Delaware corporation with its principal place of business located in Beverly Hills, California.

12. Defendant Ticketmaster Entertainment, Inc. is a Delaware Corporation and a subsidiary of Live Nation, with its principal place of business located in Beverly Hills, California

13. Defendant Ticketmaster Entertainment, LLC is organized under the laws of Delaware and is a subsidiary of Live Nation, with its principal place of business located in Beverly Hills,

California

FACTUAL ALLEGATIONS

14. Live Nation is a juggernaut. Not only does it produce live entertainment events, but it owns many of the entertainment venues that it utilizes and manages many of the entertainers whose shows it produces.

15. By its own account, Live Nation “connect[ed] nearly 98 million fans to more than

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40,000 events for over 5,000 artists in 2019.”2

16. In addition to producing events, Live Nation owns, operates, has exclusive booking rights for or has an equity interest in some 273 entertainment venues.3

17. As of the end of 2019, Live Nation employed 110 artist managers “manag[ing] music artists and acts across all music genres” providing “services” to more than 500 artists.4

18. Live Nation’s ticketing business subsidiary Ticketmaster “provides ticket sales, ticket resale services and marketing and distribution globally through www.ticketmaster.com and www.livenation.com and our other websites, mobile apps, numerous retail outlets and call centers, selling over 485 million tickets in 2019 through our systems. Ticketmaster serves nearly 11,500 clients worldwide across multiple event categories, providing ticketing services for leading arenas, stadiums, festival and concert promoters, professional sports franchises and leagues, college sports teams, performing arts venues, museums and theaters.”5

19. Defendants "sell tickets through websites, mobile apps, ticket outlets and telephone call centers. During 2019, [they] sold 48%, 48%, 3% and 1% of primary tickets through these channels, respectively.” 6

20. Live Nation reports that “our Concerts business generated $9.4 billion, or 81.6%, of our total revenue during 2019.” 7 Its total revenue for 2019 was $11.5 billion.8

21. As a massive, dominant international corporation, Live Nation knows the risks that its business faces. In its 2019 SEC filings, it noted that “[w]e may be adversely affected by the occurrence

2 10k. 3 Id. 44 Id. 5 Id. 6 Id. 7 Id. 8 Id.

4 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 5 of 18 PageID #:5 of extraordinary events, such as terrorist attacks or disease epidemics.”

22. Live Nation has admitted, prior to the American expansion of the Covid-19 crisis, that

“[t]he occurrence and threat of extraordinary events, such as terrorist attacks, intentional or unintentional mass-casualty incidents, public health concerns such as contagious disease outbreaks, natural disasters or similar events, may deter artists from touring and/or substantially decrease the use of and demand for our services and the attendance at live music events, which may decrease our revenue or expose us to substantial liability.”

23. As Live Nation notes, such disruptions are not at all unprecedented. “The terrorism and security incidents in the past, military actions in foreign locations, periodic elevated terrorism alerts and fears from publicized contagious disease outbreaks have raised numerous challenging operating factors, including public concerns regarding air travel, military actions and additional national or local catastrophic incidents, causing a nationwide disruption of commercial and leisure activities.”

24. Live Nation has long known that “[a]ttendance at events may decline due to fears over terrorism and contagious disease outbreaks, which could adversely impact our operating results.”

25. Live Nation knew that the timing of any such outbreak could disproportionately disrupt its business, since “[w]hile our Concerts segment operates year-round, we generally experience higher revenue during the second and third quarters due to the seasonal nature of shows at our outdoor amphitheaters and festivals, which primarily occur from May through October.” 9

26. Despite Live Nation’s awareness of the risks it faced, it limited its ability to respond to those risks through the acquisition and maintenance of debt. It recently admitted that “[w]e have a large amount of debt and lease obligations that could restrict our operations and impair our financial condition.” 10

9 Id. 10 Id.

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27. Even with its precarious leverage situation, Live Nation should have been relatively well-prepared for the type of disruptions it knew could happen. As it acknowledges, “we generally receive cash related to ticket revenue at our owned or operated venues and festivals in advance of the event, which is recorded in deferred revenue until the event occurs. With the exception of some upfront costs and artist deposits, which are recorded in prepaid expenses until the event occurs, we pay the majority of event-related expenses at or after the event.” 11

28. This background makes Defendants’ actions in responding to the Covid-19 pandemic and the pain they have inflicted on their customers all the more unreasonable.

The Pandemic 29. The scope, scale, and hurt of the Covid-19 pandemic are by now familiar to all.

30. On January 7, 2020, an outbreak of viral pneumonia in China’s Hubei province was identified as a new coronavirus.

31. On January 20, 2020, the World Health Organization reported the first confirmed cases of the new coronavirus outside of China, in Thailand, Japan, and South Korea.

32. On January 21, 2020, the United States announced its first known case of the new coronavirus.

33. On January 23, 2020, China placed the City of Wuhan and its 11 million residents under strict quarantine orders.

34. On January 30, as the outbreak spread to 19 countries and more than 9,000 cases had been detected, the World Health Organization declared the outbreak a public health emergency.

35. On January 31, 2020, President Trump announced that the federal government would ban entry to most foreign nationals who had traveled to China within the last 14 days.

36. On February 11, 2020, the World Health Organization announced that the disease

11 Id.

6 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 7 of 18 PageID #:7 caused by the new coronavirus would be officially named Covid-19.

37. On February 26, 2020, Defendants’ home state of California announced its first apparent case of local transmission of the virus.

38. On February 29, 2020, President Trump announced additional travel restrictions involving Iran and issued increased warning regarding travel to Italy and South Korea. That same day, a man from Washington became the first known American fatality from Covid-19.

39. Large scale events began cancellations. On March 4, 2020, Miami’s Ultra Music

Festival announced the cancellation of its annual gathering of tens of thousands of fans. Two days later,

Austin’s yearly South by Southwest festival, a gathering that brings some 400,000 people together, was cancelled.

40. On March 11, 2020, the National Basketball Association announced the suspension of its season, and the next day the National Hockey League followed suit.

41. In the following days and weeks, it became apparent that all large-scale gatherings would need to be stopped to limit the spread of the virus. Live Nation announced the cessation of all concert tours on March 12.

42. On March 19, California Governor Gavin Newsom ordered the state’s nearly 40 million people to stay at home save for a few essential purposes.

43. Nearly every state followed suit, with some form of similar order issuing in all but a few states.

44. Illinois’ stay-at-home order was effective on March 21.

45. As a result of the virus and the response thereto, the nation’s economy has largely ground to a halt. Companies of all sizes and individual citizens have been forced to cope with the loss of income.

46. While everyday people were forced to make difficult decisions and thrust into a state of constant worry about their health, their loved ones, and their ability to pay the bills, Defendants took to

7 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 8 of 18 PageID #:8 a policy of hoarding money they had collected for events that they knew could not occur.

47. Ticketmaster drew nationwide ire when on or about April 13, 2020, it made a

“clarification” to its refund policy that noted that while refunds would be made for events that were

“cancelled,” refunds for events that were postponed or rescheduled were at the discretion of the event promoter.

48. Of course, the absurdity of this position is that Live Nation is the event promoter for an enormous percentage of Ticketmaster’s events, and Live Nation had indefinitely “postponed” hundreds or thousands of events that plainly could not occur any time in the foreseeable future.

49. The outrage at Ticketmaster was swift and furious. One Twitter user who was widely quoted in various media outlets vented that it was “[c]omforting to know that even when the world is in the grips of a pandemic, Ticketmaster remains committed to being just a surprisingly large piece of

[expletive].”12

50. On April 26, 2020, Members of the United States House of Representatives sent a letter to both Defendants, which noted that they were “incredulous at Ticketmaster’s announced policy to refuse refunds to all requesting fans for ticketed events postponed by the Covid-19 pandemic.” It continued that “[w]ith Americans weathering the brutal and continuing impacts of this global crisis, your decision to confiscate their money is reprehensible and should be reversed immediately.”

51. “Instead of helping [its customers] lift [the] burden, your company has decided to make it heaver[,]” the letter added. “Given your enormous power over the marketplace, your company’s assertions that this inability to obtain a full refund for postponed events [] rings hollower than a drum.

In effect, your company is holding hostage money that could constitute a rent check, electric bill, or groceries to feed children.”

52. In response to this backlash, on April 17, 2020 Ticketmaster (through its president)

12 https://www.usatoday.com/story/entertainment/music/2020/04/13/coronavirus-ticketmaster- changes-refund-policy-sparks-outrage/2986708001/ (last visited April 21, 2020).

8 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 9 of 18 PageID #:9 issued a statement that noted that refunds had been authorized for a mere 5,000 of the company’s 55,000 events scheduled to take place between March 1 and the end of 2020. It added that “as of today… Live

Nation… [has] announced that they will begin to provide refunds, on a rolling basis, for all events impacted by Covid-19.”

53. The statement referred to Live Nation as one of Ticketmaster’s two largest event organizers, without reference to the fact that it is actually Ticketmaster’s parent company.

54. Though details have scarcely been communicated other than through the media, Live

Nation’s apparently intends to roll out a new “Rock When You’re Ready” plan which indicated that beginning May 1, fans would have 30 days to request a refund for shows which had been rescheduled for a specific date in the future. Any event that was “postponed” but not “rescheduled” would become eligible for a 30 day refund period when (if) it received a new date.

55. Live Nation’s plan is obviously suspect given that it allows the company to retain all funds associated with “postponed” events until a triggering event of its own choosing takes place.

56. The policy is even more problematic given the near-certainty that large scale events will not be permitted to occur in 2020.

57. At some point, it is no longer unreasonable to call an event postponed. If it occurs later than the next occurrence of that event would have, it is clearly a different event. For example, when an annual music festival is “rescheduled” for its usual time slot in the following year, it is functionally the same as a cancellation.

58. Live Nation’s plan also appears designed to push customers toward alternatives to refunds, such as credits and potentially deferred “charitable” donations’

59. Live Nation continues to hold thousands of events, including many dozens of Illinois events, in purgatory, so that it can retain the proceeds of the ticket sales by not acknowledging that there is little to no likelihood that the events can be rescheduled.

60. More than 60 events in Chicago alone are currently listed by Live Nation as postponed,

9 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 10 of 18 PageID #:10 and countless others are scheduled for dates on which they clearly will not occur.

61. For example, Live Nation still lists Chicago events scheduled for June and July, despite the fact that Illinois Governor JB Pritzker has advised the cancellation of all large events through summer.

62. In fact, Governor Pritzker noted that “I do not see how we are going to have large gatherings of people again until we have a vaccine, which is months and months away.”

63. Most experts predict that the earliest possible time that a vaccine may become widely available is sometime in mid to late 2021.

64. Live Nation and Ticketmaster are therefore knowingly retaining funds that they collected from customers for events that they know cannot reasonably be rescheduled.

Defendants’ User Agreement

65. Defendants share Terms of Use (Exhibit 1) that by their terms apply to customers’ use of “Live Nation and Ticketmaster’s sites and mobile applications” and “purchase, possession, or use of any Live Nation or Ticketmaster tickets, products, or services.”

66. Defendants’ Terms of Use were last updated June 25, 2019.

67. The Terms of Use incorporate Defendants’ Privacy Policy and Purchase Policy (Exhibit

2) by reference.

68. The Terms of Use purport to require most users to waive their right to a jury trial or to participate in a class action, however various terms of those provisions and the clauses themselves are unenforceable.

69. In contrast, the Terms of Use expressly require users to “submit to the jurisdiction of the

State of Illinois for any complaints involving a ticketed event held in Illinois.:

70. The Purchase Policy, incorporated in the Terms of Use, provides that “[i]f an event is canceled, and you purchased your ticket through [Ticketmaster], our phone center, or Fan-to-Fan, we

10 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 11 of 18 PageID #:11 will automatically issue you a refund to the credit card, debit card, gift card or the method of payment used to make your purchase.”

71. The Purchase Policy states that “[y]ou agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a

‘chargeback’ from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.”

Plaintiff’s Purchase of Defendants’ Tickets

72. On or about mid-December of 2019, Plaintiff Tezak purchased two tickets from

Defendants to their March 17, 2020 Blake Shelton concert at the Allstate Arena in Rosemont Illinois.

73. Plaintiff paid approximately $300 for the two tickets. 74. Due to the pandemic, the concert did not occur, but was “postponed” indefinitely. 75. Defendants received Plaintiff’s money for a concert that cannot reasonably be expected to occur any time in the foreseeable future and are refusing to refund it.

CLASS ALLEGATION 76. Plaintiff brings this class action under Rule 23 and seek certification of the claims and issues in this action pursuant to the applicable provisions of Rule 23. The proposed class is defined as:

All persons residing in the United States or its territories who purchased tickets to a Live Nation event that did not or cannot occur and to whom Defendants have not provided a refund. Excluded from the Class are (a) any person who has specifically requested a coupon in lieu of a refund; (b) all persons who are employees, directors, officers, and agents of either Defendant; (c) governmental entities; and (d) the Court, the Court’s immediate family, and Court staff.

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77. Alternatively, Plaintiff seeks certification of a proposed class defined as:

All persons residing in the United States or its territories who purchased tickets to a Live Nation event at a venue in Illinois that did not or cannot occur and to whom Defendants have not provided a refund. Excluded from the Class are (a) any person who has specifically requested a coupon in lieu of a refund; (b) all persons who are employees, directors, officers, and agents of either Defendant; (c) governmental entities; and (d) the Court, the Court’s immediate family, and Court staff. 78. Plaintiff reserves the right to amend or modify the Class definitions with greater specificity or division into subclasses after having had an opportunity to conduct discovery.

79. Numerosity. Fed. R. Civ. P. 23(a)(1). Defendants have stated that there at least 55,000 events in its system that were scheduled to occur between March 1 and the end of 2020, and that they had only begun providing refunds to ticket holders for 12,000 of them, with another 5,000 potentially in the pipeline. Thousands of these events were set to occur at venues in Illinois, and almost every event entailed the sale of thousands of tickets. At a minimum, there are tens of thousands of Class Members but very likely many more. The exact size of the proposed class and the identity of all class members can be readily ascertained from Defendants’ records.

80. Commonality. Fed. R. Civ. P. 23(a)(2) and (b)(3). There are questions of law and fact common to the class, which questions predominate over any questions affecting only individual class members. Common issues include:

a. Whether Defendants’ user agreement contains a valid agreement to arbitrate claims and/or class action waiver;

b. Whether or the extent to which Defendants’ statements and representations constituted misrepresentations’

c. When an event that is suspended indefinitely amounts to a cancellation; d. Whether Defendants’ failure to issue refunds constitutes a breach of contract and/or conversion;

e. Whether Defendants knew or should have known that in the event of widespread event cancellations they would be unable to honor their refund obligations;

f. Whether Defendants’ conduct is violative of state consumer protection laws, including the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq.;

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g. Whether Defendants’ conduct is violative of the Illinois Ticket Sale and Resale Act, 815 ILCS 414 et seq.;

h. The nature of the relief, including equitable relief, to which Plaintiff and the class are entitled. 81. Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiff’s claims are typical of the claims of the Class he seeks to represent. Plaintiff and all Class members were exposed to uniform practices and sustained injuries arising out of and caused by Defendants’ unlawful conduct.

82. Adequacy of Representation. Fed. R. Civ. P. 23(a)(4). Plaintiff will fairly and adequately represent and protect the interests of the members of the Class. Further, Plaintiff’s counsel is competent and experienced in litigating class actions.

83. Superiority. Fed. R. Civ. P. 23(b)(3). A class action is superior to any other available means for the fair and efficient adjudication of this controversy. The claims of Plaintiff and individual class members are small compared to the burden and expense that would be required to separately litigate their claims against Defendants, and it would be impracticable for class members to seek redress individually. Litigating claims individually would also be wasteful to the resources of the parties and the judicial system and create the possibility of inconsistent or contradictory judgments. Class treatment provides manageable judicial treatment which will bring an orderly and efficient conclusion to all claims arising from Defendants’ misconduct. Class certification is therefore appropriate under Rule 23(b)(3).

84. Class certification is also appropriate under Rule 23(b)(1), as the prosecution of separate actions by individual members of the class would create the risk of adjudications with respect to individual class members that would, as a practical matter, be dispositive of the interests of other members not parties to the adjudication and substantially impair their ability to protect those interests.

85. Class certification is also appropriate under Rule 23(b)(2), as Defendants have acted and/or refused to act on grounds generally applicable to the class, thereby making final injunctive relief or corresponding declaratory relief appropriate for the class.

FIRST CAUSE OF ACTION Breach of Contract

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Plaintiff and Each Class Against Each Defendant 86. Plaintiff incorporates all preceding factual allegations as if fully set forth herein. 87. A contract was formed between Plaintiff and Class members on the one hand and Defendants on the other with respect to purchases of event tickets.

88. The contract was offered by Defendants and formed at the time Plaintiff and the Class accepted it by using Defendants’ website or app, creating their accounts, and/or making purchases. The contract includes Defendants’ Purchase Policy.

89. The Purchase Policy obligates Defendants to provide refunds for cancelled events. 90. Plaintiff and the Class performed their obligations under the contract. 91. Defendants breached the contract when they functionally cancelled events and did not refund customers’ money.

92. Defendants’ breaches were willful and not the result of mistake or inadvertence. 93. As a result of Defendants’ breach of the contract, Plaintiff and other Class members have been damaged in an amount to be determined at trial.

SECOND CAUSE OF ACTION Conversion Plaintiff and Each Class Against Each Defendant 94. Plaintiff incorporates all preceding factual allegations as if fully set forth herein. 95. Plaintiff and the Class owned and had a right to possess funds in the amount that they paid for tickets to events that cannot and will not take place.

96. Defendants intentionally and substantially interfered with property belonging to Plaintiff and the Class by taking possession of it, refusing to refund it to Plaintiff, preventing Plaintiff and the Class from having access to it, and/or refusing to return it to Plaintiff after a demand was made for its return.

97. Plaintiff and the Class did not consent to Defendants’ conduct in withholding their funds.

98. Defendants’ exercise of dominion and control over Plaintiff’s property was knowing and wrongful.

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99. Plaintiff and the Class were harmed by Defendants’ conduct. 100. The conduct of each Defendant was a substantial factor in causing this harm to Plaintiff and the Class.

101. As a result of Defendants’ conduct, Plaintiff and other Class members have been damaged in an amount to be determined at trial.

THIRD CAUSE OF ACTION Negligent Misrepresentation Plaintiff and Each Class Against Each Defendant 102. Plaintiff incorporates all preceding factual allegations as if fully set forth herein. 103. Defendants represented to Plaintiff that a fact was true; namely, that if they purchased tickets to Defendants’ events, they would be able to get a refund if that event was cancelled.

104. Defendants’ representation was not true. 105. Even if Defendants believed that the representation was true they had no reasonable grounds for believing that it was true when they made it given their stated awareness of the potential for widespread cancellations due to any number of foreseeable circumstances.

106. Defendants intended that Plaintiff and the Class would rely on their representation so that they would purchase event tickets.

107. Plaintiff and the Class reasonably relied on Defendants’ representations in making their purchases.

108. Plaintiff and the Class were harmed. 109. Plaintiff’s, and the Class’ reliance on Defendants’ representations was a substantial factor in causing their harm.

110. As a result of Defendants’ misrepresentation(s), Plaintiff and other Class members have been damaged in an amount to be determined at trial.

FOURTH CAUSE OF ACTION Violation of the Illinois Consumer Fraud Act, 815 ILCS 505/2, et seq. Plaintiff and Each Class Against Each Defendant 111. Plaintiff incorporates all preceding factual allegations as if fully set forth herein.

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112. The “Consumer Fraud and Deceptive Business Practices Act” 815 Ill. Comp. Stat. 505/2, et seq., prohibits the use of unfair or deceptive business practices in the conduct of trade or commerce.

113. In the course of conducting business, Defendants committed unfair or deceptive acts and practices by concealing, suppressing, or omitting material facts, as set forth more fully herein.

114. Defendants intended that Plaintiff and each of the other members of the Illinois Class would rely upon its conduct, and a reasonable person would in fact be misled by this conduct.

115. In addition, Defendants’ conduct showed malice and recklessness such that an award of punitive damages is appropriate.

FIFTH CAUSE OF ACTION Violation of the Illinois Ticket Sale and Resale Act, 815 ILCS 414/1.5, et seq. Plaintiff and Each Class Against Each Defendant 116. Plaintiff incorporates all preceding factual allegations as if fully set forth herein. 117. Under Illinois Law, ticket brokers and resellers must guarantee a full refund of the amount paid by the purchaser, including all fees paid, if an event is cancelled and not rescheduled.

118. Further ticket brokers and resellers are required to maintain a consumer protection rebate fund in an amount in excess of $100,000, which must be “cash available for immediate disbursement” for satisfaction of unpaid claims.

119. Defendants are ticket brokers and/or resellers under Illinois law and violated the Illinois Ticket Sale and Resale Act by failing to pay to Plaintiff and other Class Members a full cash refund for all amounts including fees paid for tickets to a cancelled or constructively cancelled events for which there is no rescheduled date.

120. As a result of Defendants’ conduct, Plaintiffs and other Class Members suffered damages in an amount to be determined at trial.

SIXTH CAUSE OF ACTION Unjust Enrichment Plaintiff and Each Class Against Each Defendant 121. Plaintiff incorporates all preceding factual allegations as if fully set forth herein.

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122. By keeping funds paid to them for events that will not and cannot occur, Defendants have unjustly retained a monetary benefit.

123. That benefit was retained to the detriment of Plaintiff and the Class, who are deprived of their own money during the worst economic crisis in living memory.

124. Plaintiff and the Class have a better claim to the benefit than do the Defendants. 125. Defendants’ retention of the benefit violated the fundamental principles of justice, equity, and good conscience.

REQUEST FOR RELIEF WHEREFORE, Plaintiff, on behalf of himself and the class of similarly situated individuals, requests the Court to:

(a) Certify the case as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure, designate Plaintiff as representative of the class and designate counsel of record as class counsel;

(b) Order Defendants to provide actual damages and equitable monetary relief (including restitution) to Plaintiff and class members and/or order Defendants to disgorge profits they realized as a result of their unlawful conduct;

(d) Order Defendants to pay statutory damages, as allowable by the statutes asserted herein, to Plaintiff and class members;

(e) Declare Defendants conduct unlawful and enter an order enjoining Defendants from continuing to engage in the conduct alleged herein;

(f) For both pre and post-judgment interest at the maximum allowable rate on any amounts awarded;

(g) For costs of the proceedings herein; (h) For reasonable attorneys’ fees as allowed by statute; and (i) Award such other relief as the Court deems appropriate under the circumstances.

17 Case: 1:20-cv-02482 Document #: 1 Filed: 04/23/20 Page 18 of 18 PageID #:18

JURY DEMAND Plaintiff demands a jury on issues so triable. DATED: April 23, 2020 Respectfully submitted,

LIDDLE & DUBIN, P.C.

s/ Nicholas A. Coulson

Steven D. Liddle [email protected] Nicholas A. Coulson [email protected] 975 E. Jefferson Avenue Detroit, Michigan 48207 Tel: 313-392-0015 Fax: 313-392-0025

Attorneys for Plaintiff and the Putative Class

18 Case: 1:20-cv-02482 Document #: 1-1 Filed: 04/23/20 Page 1 of 9 PageID #:19

Exhibit 1 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 2 of 9 PageID #:20

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Last Updated: June 25, 2019

Welcome! The following are the terms of use ("Terms") that govern your use of Live Nation and Ticketmaster's sites and mobile applications - including but not limited to www.livenation.com (https://www.livenation.com), www.ticketmaster.com (https://www.ticketmaster.com), www.ticketsnow.com (https://www.ticketsnow.com), and www.ticketexchangebyticketmaster.com (https://www.ticketexchangebyticketmaster.com) - (collectively, the "Site"), and your purchase, possession, or use of any Live Nation or Ticketmaster tickets, products, or services.

Our Privacy Policy (https://help.ticketmaster.com/s/article/Live-Nation-Entertainment-Privacy-Policy-Your-Privacy-Rights?language=en_US), Purchase Policy (https://help.ticketmaster.com/s/article/Purchase-Policy? language=en_US), and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.

NOTICE REGARDING FUTURE CHANGES TO TERMS:

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:

These Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the Site, or to products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration. We explain this agreement and waiver, along with some limited exceptions, in Section 17, below.

Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Table of Contents

Account Registration Code of Conduct Ownership of Content and Grand of Conditional License Making Purchases Forums and User Content Claims of Copyright Infringement on the Site Links Parental Controls Access from Outside the United States Rules for Sweepstakes, Contests and Games Mobile Messaging Mobile Device Application Violation of these Terms Disclaimer of Warranties Limitation of Liability Indemnification https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 1/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 3 of 9 PageID #:21 Disputes, Including Mandatory Arbitration and Class Action Waiver No Reliance on Forward-Looking Statements Severability Questions

1. Account Registration

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

2. Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

Restrict or inhibit any other person from using the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Engage in spamming or flooding; Harvest or collect information about Site users; Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event; Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer;

3. Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; Link to any portion of the Site other than the URL assigned to the home page of the Site; "Frame" or "mirror" any part of the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content; Remove any copyright, trademark or other proprietary rights notices contained on the Site; Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 2/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 4 of 9 PageID #:22 Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes (including Concert Cash® and Ticketmaster Ticket Cash™), promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active; Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals; Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals; Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; Reproduce or scan tickets in a format or medium different from that provided by the Site; Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site; Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose; Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at [email protected] (mailto:[email protected]).

4. Making Purchases

Please review our Purchase Policy (https://help.ticketmaster.com/s/article/Purchase-Policy), which (in addition to these Terms) will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may use Concert Cash® and Ticketmaster Ticket Cash™, only in accordance with the Code Terms of Use found at livenation.com/concertcash (http://promo.livenation.com/concertcash) or ticketmaster.com/ticketcash (https://www.ticketmaster.com/ticketcash), as applicable.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.

You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

5. Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site ("User Content").

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.

You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 3/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 5 of 9 PageID #:23 You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

6. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright (http://www.loc.gov/copyright).

Notices and counter-notices should be sent to General Counsel, Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, [email protected] (mailto:[email protected]). There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

7. Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

8. Parental Controls

We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov (http://onguardonline.gov). We do not endorse the products or services listed at this website.

9. Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

10. Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 17, below, will control and apply.

11. Mobile Messaging

We offer browsing and mobile messaging services which may include alerts, Promotions, and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 4/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 6 of 9 PageID #:24 You may opt out of any alerts by replying to an alert with the text message "STOP" or by sending the text message "STOP" to the shortcode provided. If you opt out by sending us a text message, we will send you a text to confirm your request. If you do not want to receive a confirmation text message, you may opt out by sending an email to [email protected] (mailto:[email protected])with your request and mobile device number. It may take us up to 10 days to remove your mobile device number from our database. For additional help, text "HELP" to the shortcode provided, or email [email protected] (mailto:[email protected])

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. Information may also be shared with other service providers to further support identity verification and fraud prevention.

We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.

12. Mobile Device Application

If you install or use our mobile application, software, and services, including any accompanying documentation (collectively, "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories, or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

13. Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. 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. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.

You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

14. Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

15. Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, 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 FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 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 OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 5/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 7 of 9 PageID #:25 RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, 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.

16. Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). 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.

17. Disputes, Including Mandatory Arbitration and Class Action Waiver

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following exceptions:

You may assert claims in small claims court if your claims apply; If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section (Section 3) above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, 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. For the avoidance of doubt, the arbitrator can award public injunctive relief.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: General Counsel. You may download the forms located at http://www.jamsadr.com (http://www.jamsadr.com). The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com (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 automatically reimburse administration and arbitrator fees for claims totaling less than $10,000 regardless of who the prevailing party is (unless the arbitrator determines the claims are frivolous), but we will not pay for attorneys' fees unless ordered to do so by the arbitrator. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live 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 LAWSUIT OR CLASS-WIDE ARBITRATION.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

However, pursuant to the Illinois Ticket Sale and Resale Act, 815 ILCS 414/1.5 et seq., if your dispute regards the re-sale of a ticket for any event located in the State of Illinois, then the following applies: You may submit complaints to JAMS under its rules and procedures, as outlined in this section, and any such claims shall be decided by an independent arbitrator in accordance with these Terms. You also agree to submit to the jurisdiction of the State of Illinois for any complaints involving a ticketed event held in Illinois. If you have an inquiry regarding a ticket re-sale transaction made for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450.

18. No Reliance and Forward-Looking Statements

The information contained on the Site may not be current and should not be used or relied on for any investment decision regarding our securities or for any similar purpose. We file annual, quarterly and current reports, proxy statements and other information with the United States Securities and Exchange Commission ("SEC"). Copies of our filings are available at the Investor Relations section of this Site and also at the SEC's website at www.sec.gov (http://www.sec.gov).

Statements on the Site regarding our financial condition, results of operations and business and our expectations or beliefs concerning future events that are not historical facts are "Forward-Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words "believes," "expects," "anticipates," "plans," "estimates" or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental, and technological factors affecting our operations, https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 6/8 4/17/2020 Case: 1:20-cv-02482 Document #: 1-1 Filed:Terms 04/23/20 of Use Page 8 of 9 PageID #:26 markets, products, services and prices, as well as the risks and uncertainties set forth in the documents we file with the SEC, specifically the section titled "Item 1A. Risk Factors" of our most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q and Current Reports on Form 8-K. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events or otherwise.

19. Severability

It is our belief that these Terms do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and (b) the remaining parts shall be deemed valid and enforceable.

20. Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Live Nation Entertainment, Inc. Attn: General Counsel 9348 Civic Center Drive Beverly Hills, CA 90210 (800) 653-8000 Email (https://www.ticketmaster.com/h/customer-service.html?tm_link=help_nav_4_contact)

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Policy & Security (/s/topic/0TO0a000000q41vGAA/…

Gift Card Terms of Use (/s/article/Gift-Card-Terms-and-Conditions)

Purchase Policy (/s/article/Purchase-Policy)

Live Nation Entertainment Privacy Policy - Your Privacy Rights (/s/article/Live-Nation-Entertainment-Privacy-Policy-Your-Privacy-Rights)

Ticketmaster Privacy Policy (/s/article/Ticketmaster-Privacy-Policy)

American Express Terms and Conditions for Membership Rewards (/s/article/American-Express-Terms-and-Conditions-for-Membership-Rewards)

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POLICY & SECURITY (/S/TOPIC/0TO0A000000Q41VGA…

Purchase Policy

Article

Purchase Policy

Our goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. The following is designed to ensure your satisfaction and understanding of the purchase process on the Ticketmaster sites and applications where this appears, including sites and applications where we facilitate ticket resale transactions such as Fan-to-Fan (collectively, the "Site"). If you have any questions, please contact us (https://help.ticketmaster.com/s/article/How-do-I-contact-Customer-Service?language=en_US). Your purchases on our Site are subject to these terms. Please also review our Terms of Use (https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US) which govern your use of our Site.

Currency

All ticket prices for events that occur in the United States are stated in U.S. Dollars. All ticket prices for events that occur in Canada are stated in Canadian Dollars.

Payment Methods

We accept several methods of payment to accommodate your needs. If the event for which you are buying tickets is located in the United States, Ticketmaster.com (https://www.ticketmaster.com) accepts, among other forms of payment, American Express, Visa, MasterCard, Discover, Diner's Club, and Ticketmaster gift cards for qualifying events. If the event for which you are buying tickets is located in Canada, Ticketmaster.ca (https://www.ticketmaster.ca) accepts, among other forms of payment, American Express, Visa, MasterCard, Sears MasterCard Canada and Ticketmaster gift cards for qualifying events.

Who You Are Buying From

Ticketmaster acts as the agent to those who provide events, such as venues, teams, artist representatives and fan clubs, promoters and leagues ("Event Providers"). We generally sell tickets on behalf of our clients including artists, teams, venues, and promoters, though in some rare instances we may own a small number of tickets as part of our services contract with the individual client. When you purchase a ticket for an event that is located in the United States, then Ticketmaster LLC will be handling the transaction and collecting payment for the Event Provider. When you purchase a ticket for an event that is located in Canada, then Ticketmaster Canada Ltd. will be handling the transaction and collecting payment for the Event Provider.

If you purchase a resale ticket through Fan-to-Fan, you will be purchasing that ticket from either (a) a reseller who is not an Event Provider, such as other fans or season ticket holders, or (b) in limited circumstances, the Event Provider. Your Fan-to-Fan listing will also appear on our resale partner sites. If for any reason Fan-to-Fan becomes unavailable for your event, your listing will be removed from our site only.

Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.

Pricing and Availability

We sell tickets on behalf of Event Providers, which means we do not set the ticket prices or determine seating locations. Our clients typically set the face price of their tickets. Tickets are generally sold through several distribution points, including websites, apps and box offices. Most distribution points generally access the same ticketing system and inventory; therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event. However, we do not control this inventory or its availability. Check out our FAQs section for more information on ticket availability. Similarly, we facilitate 3rd party ticket resale transactions through Fan-to-Fan, but do not set the ticket prices or determine seating locations of those resale tickets. Please be aware that resale tickets are often posted for sale via Fan-to-Fan at prices that are higher than their original prices. Ticketmaster may charge fulfillment, shipping, service or other fees for using our services. Ticketmaster may change such fees at any time, including after you post your tickets.

Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your Ticketmaster account or Ticketmaster Fan Support whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

https://help.ticketmaster.com/s/article/Purchase-Policy?language=en_US 1/5 4/17/2020 Case: 1:20-cv-02482 Document #: 1-2 Filed:Purchase 04/23/20 Policy Page 3 of 6 PageID #:30 Service Fees and Order Processing Fees

Tickets purchased on our Site are typically subject to a per ticket service fee and a per order processing fee. In many cases, delivery fees will also be owed. You may be able, in some instances, to purchase tickets directly from the venue box office without paying our service fee. For resale tickets, the buyer will pay fees that may be reflected during the purchase process or that may be included and deducted from the amount displayed as the resale price of the ticket.

Number of Tickets or "Ticket Limits"

When purchasing tickets on our Site, you are limited to a specified number of tickets for each event (also known as a "ticket limit"). This ticket limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Each Ticketmaster account must be linked to a unique individual and contain valid, and verifiable, information. Multiple accounts may not be used to circumvent or exceed published ticket limits. We reserve the right to cancel any or all orders and tickets, in addition to prohibiting your ticket purchase abilities, without notice to you, if you exceed or attempt to exceed, the posted ticket limits. Any tickets, cancelled due to violating the posted ticket limit, will be refunded at face value (excluding fees). This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

Ticket Transfer

Once a recipient accepts a ticket transfer, a new barcode is issued and the sender's tickets are invalid. If a ticket has been transferred multiple times, only the ticket from the last transfer will be valid for event entry – all previous ticket barcodes will be invalidated.

The sender can modify or cancel a ticket transfer before the recipient accepts the transfer – not after. Note: We may cancel transferred tickets, at any time, if we determine that they were obtained fraudulently or otherwise in violation of our policies; therefore, it is important that you know and trust the individual transferring tickets to you before accepting them. If an event is canceled or rescheduled, only the original purchaser will be eligible for a refund.

Recipients can choose only Mobile or Print-at-Home delivery (if the event offers it). All merchandise, VIP package elements, fan club memberships, and ticket insurance originally purchased or included with the ticket are not transferable. Ticket insurance will not apply to transferred tickets.

Opening Acts / Festival Acts

Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

Canceled and Rescheduled Events

Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed events, please check the event information online or contact us (https://help.ticketmaster.com/s/article/How-do-I-contact-Customer-Service?language=en_US).

If an event is canceled, and you purchased your ticket through Ticketmaster.com (https://www.ticketmaster.com), our phone center, or Fan-to-Fan, we will automatically issue you a refund to the credit card, debit card, gift card or the method of payment used to make your purchase.

If the event was moved, postponed, or rescheduled, the Event Provider may set refund limitations. Postponed MLB games are not eligible for refunds. If you are unable to make the new event date and refunds have been approved by the Event Provider, you will see a “Refund” button within your order in your Ticketmaster account (https://my.ticketmaster.com/account/login?redirect=https://my.ticketmaster.com/account). If you require additional assistance, please contact us (https://help.ticketmaster.com/s/article/How-do-I-contact-Customer-Service?language=en_US).

If you purchased a ticket and then chose to sell it via Fan-to-Fan, and your ticket has sold and you've been paid, you'll receive an automatic refund for your original purchase and your credit card will be charged to refund the fan who bought your ticket under the following condition(s): 1) for canceled events, 2) if the buyer requests, for moved or rescheduled/postponed (different date or material change in time), except MLB games, or 3) for circumstances in which the Event Provider authorizes refunds.

Refunds and Exchanges

Before purchasing tickets, carefully review your event and seat selection. Policies set forth by Event Providers generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. For many events, certain tickets may be exchanged for tickets from us of equal or higher price. A per ticket exchange fee may apply. Exceptions include VIP, Platinum and other premium tickets, tickets purchased through resale, tickets purchased with additional related items and/or bundled products, and tickets for participating teams' away games. In addition, we may occasionally offer tickets at a discount after the original onsale date and will not refund the difference between the original price and the sale price. Seating maps are representative of a venue’s layout; however, they are subject to change at any time and refunds are not allowed if the map is updated or if additional seats/rows are added or seats change as a result of a venue change after purchase. There are no refunds, returns or exchanges for digital downloads or hotel/festival packages.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts https://help.ticketmaster.com/s/article/Purchase-Policy?language=en_US 2/5 4/17/2020 Case: 1:20-cv-02482 Document #: 1-2 Filed:Purchase 04/23/20 Policy Page 4 of 6 PageID #:31 or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket's face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. If a ticket was purchased through Fan-to-Fan, the event was canceled and/or a refund is issued, we will issue a refund of the ticket price you paid through Fan-to-Fan and the service fee (if any) you paid. No service fees refunded for certain Major League Baseball purchases. In no event will UPS charges or any other amounts be refunded. For ticket insurance refunds, please contact the insurance provider. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

Special Refund Provisions Applying to TicketExchange and Fan-to-Fan Resale

The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.

The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.

Account, Order, and Billing Information Verification

All information on accounts and orders must be valid and are subject to verification. Orders that are placed, or attempted to be placed, using an account in which any information entered is found to be false, misleading, incorrect, incomplete or cannot be verified as belonging to the account holder, such as name, address, email address, phone number, IP address, or other, are subject to cancellation, at any time. Furthermore, we may cancel your order and sell your tickets to another customer without further notice. Orders are subject to credit card approval and processed only after the billing address, associated with your credit card, and other billing information, has been verified.

Delivery Options

Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase.

Generally, some of the following delivery methods may be offered:

Mobile (https://help.ticketmaster.com/s/article/What-is-Mobile-Entry?language=en_US) - for events that occur in the United States or Canada if the venue has installed and enabled equipment necessary to support this technology. US Mail (https://help.ticketmaster.com/s/article/US-mail-Canadian-mail-time-frame?language=en_US) - for events that occur in the United States or Canada, but only if you place your ticket order in enough time to sufficiently ship the tickets via USPS First Class Mail and receive them prior to the date of the event. We don't offer US Mail delivery within 10 days of an event date. If the event is in the United States, then you will only be able to use this method if you have a United States or Canadian billing address. Print-at-Home (https://help.ticketmaster.com/s/article/What-is-Print-at-Home?language=en_US) - for events that occur in the United States or Canada if the venue has installed and enabled equipment necessary to support this technology. Will Call (https://help.ticketmaster.com/s/article/Where-do-I-pick-up-will-call-tickets?language=en_US) - for events that occur in the United States or Canada. Courier Delivery (https://help.ticketmaster.com/s/article/Courier-delivery-information-Canadian-events?language=en_US) - for events that occur in Canada, but only for purchasers who use a Canadian billing address. UPS (https://help.ticketmaster.com/s/article/UPS-delivery-information-U-S-events?language=en_US) - for events that occur in the United States, but only for purchasers who use a United States billing address. Shipping to APO/FPO Addresses (https://help.ticketmaster.com/s/article/Shipping-to-an-APO-FPO-Billing-Address?language=en_US) - for events that occur in the United States, tickets can be delivered to an Armed Forces billing address via US mail. You may also choose to print tickets at home using Print-at-Home, or pick up tickets at will call, provided that these delivery options are available for your event. Orders shipped via UPS cannot be delivered to a P. O. Box or APO/FPO address.

Pricing and Other Errors

If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other Ticketmaster operated system. We will not be liable for travel or any other expenses that you, or anyone else, incurs in connection with errors of this nature.

Multiple Browser Windows https://help.ticketmaster.com/s/article/Purchase-Policy?language=en_US 3/5 4/17/2020 Case: 1:20-cv-02482 Document #: 1-2 Filed:Purchase 04/23/20 Policy Page 5 of 6 PageID #:32 When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets, errors occurring during the purchase process, or timer expiration.

Limitation of Liability

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. 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, leagues, 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. You bear all risks of inclement weather. Event date and time are subject to change. See the Limitation of Liability section in the Terms of Use (https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US) for additional limits on our liability.

License; Ejection and Cancellation; No Redemption Value

You agree to comply with all of the Event Providers' applicable rules, policies, terms and conditions ("Event Provider Rules"). Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider Rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.

Recording, Transmission and Exhibition

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 Provider(s), 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.

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 facility 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.

Unlawful Resale of Tickets; Promotions

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, authorized partners or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

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Can I buy tickets for accessible seats if I'm not disabled? (/s/article/Can-I-buy-tickets-for-accessible-seats-if-I-m-not-disabled)

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