did the gladiators fight to the death

[L C Cinna]

Tere were very strict rules for gladiatorial games. The refree was very important, he would interrupt the fights whenever rules were broken. Death of a gladiator might often be because he broke certain rules and was punished. Remember this is a dangerous sport and a violation of rules might cause the death of your opponent.

Having a referee is imho an indication that death was not intendet in the first place, because the his job is (just like in modern sports) to protect the players.