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PL Live Austin Scholz - Terms & Conditions

EVENT TERMS & CONDITIONS

These Event Terms and Conditions (“Event Terms”) govern a request to attend, and subsequently any attendance at, the Event to be held by the Organiser on 26th and 27th October 2019 at Scholz Garten, Austin, Texas.

You should not apply for a Ticket if you do not agree to these Event Terms.

1. DEFINITIONS

In these Event Terms, unless the contrary is stated or appears from the context, the following words and/or phrases shall have the corresponding meaning assigned to them:

Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity;

Agents” means directors, officers, employees, agents, representatives, suppliers, service providers, consultants and professional advisers of the Organiser and shall for all purposes hereunder be deemed to include its Affiliates and their respective directors, officers, employees, agents, representatives, suppliers, service providers, consultants and professional advisers;

Applicable Laws” means all applicable laws, statutes, rules and regulations from time to time in force;

Event” means the Premier League Mornings Live event on 26th and 27th October 2019 at the Venue;

Organiser” refers to the Football Association Premier League Limited, a company registered in England and Wales under company number 02719699 (“Premier League”); and NBC Sports Group, a division of NBCUniversal Media LLC, a company registered in Delaware. Unless otherwise stated, a reference to Organiser shall be taken to include its Agents;

Personal Data” has the meaning set out in the Data Protection Act 2018 and the General Data Protection Regulation, as in force from or as may be amended from time to time;

Services” refer to the Website and/or the online or mobile registration mechanisms and platforms available to you to allow you to register for the Event;

Ticket” means a confirmation email in respect of attendance of the Event;

Venue” means Scholz Garten, 1607 San Jacinto Boulevard, Austin, Texas TX78701;

Website” shall refer to the website hosted on the following domain name –https://plmorningsliveaustin.splashthat.com/ – and its content and which shall include  the registration platform for Tickets;

us”, “ourselves”, “we” “our” or such similar expressions shall mean the Organiser (and/or its Agents) (as applicable); and

you”, “yourself”, “user” or such similar expressions shall mean the user of the Services, or the participant, attendee and/or a valid purchaser and holder of a Ticket or pass of any of the Events (as applicable).

2. GENERAL TERMS

2.1. The Event Terms shall be applicable to (i) Services; (ii) entry to and attendance at the Event; and (iii) participation in any activities conducted at the Event by the Organiser.

2.2. The Event Terms are in addition to the terms and conditions relating to the Services, and any terms and conditions relating to attendance at the Event and any participation in any activities at the Event.

2.3. Entry into the Event is conditional upon your acceptance of these Event Terms and your online Event registration.

2.4. Attendance at the Event constitutes your agreement to all the Event Terms. Furthermore, by attending the Event, you are deemed to have familiarised yourself with the Event Terms.

3. EVENT REGISTRATION AND TICKETING

3.1. You can register on the Website for the chance to attend the Event. If you are aged 18 or over you can register once, with the option to add up to three under 18s (only) to your registration. Under 18s are not permitted to register for the Event themselves and if you are registering an under 18 on their behalf you must have full permission and authority to do so.

3.2. Where registration is successful, you will be sent a Ticket in the form of an email confirmation. However, registering does not guarantee a place at the Event.

3.3 Entry to the Event is provided on a first come first served basis. By registering you acknowledge the use of your Personal Data in accordance with clause 6 below.  We reserve the right at all times to prevent entry to the Venue (even where you may have a Ticket) and to operate a strict entry process if capacity is reached.

3.4. We reserve the right to alter the programme of the Event, the date of the Event and to provide alternative activities to those specified when registering.

3.5. Registering for the Event does not provide you with any other right, for example, participation in any activity at the Event, parking, merchandise, or food or beverages at the Event, unless otherwise expressly stated.

3.6. We shall be entitled to establish the authenticity of any communication transmitted to us via the Services which purport to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to us via the internet, online or other electronic source, and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by us and you will be bound by such details and no liability of any nature will attach to us in this regard. You waive any rights you may have, or obtain against us, arising directly or indirectly from any loss or damage of any nature which you may suffer as a result of the fact that we act on your instructions or instructions purported to emanate from you.

3.7. By registering for the Event, you agree that you will not use our Services for any purpose that is unlawful or prohibited by or under these Event Terms and you agree to act responsibly when using our Services. You may not use the Services in any manner which could damage, disable, overburden or impair the Services (including by the introduction of any virus, malicious code or other code with destructive or contaminating properties) or interfere with any other party's use and enjoyment of the Services.

4. EVENT PARTICIPATION

4.1. Right of entry into the Event is reserved at all times. If you are deemed to be behaving in a manner that is inappropriate, dangerous and/or unacceptable, in our  absolute discretion , you will be refused access and/or entry into the Event or will be removed from the Event without compensation. Unacceptable behaviour includes, without limitation, fighting, drunkenness, foul, offensive or racist conduct, inappropriate conduct or language or any failure to adhere to our  instructions at the Event.

4.2. We reserve the right to conduct security searches when you attend the Event. Such searches may be conducted on any vehicles, person, clothing, bags and all other items belonging to you.

4.3. We shall be entitled to confiscate any items which are illegal or prohibited items, deemed dangerous in nature or have the potential to cause disruption to the Event and/or to other persons and may refuse the holder admission to the Event. These include, for example:

i. firearms and ammunition (including component parts) or replica or imitation firearms or ammunition (which, for the avoidance of doubt, includes otherwise legally permissible weapons (concealed or openly carried) under the laws of Texas); all types of knives and bladed items; offensive weapons or implements, such as extendable batons, or any items modified into weapons or replica or imitation weapons; controlled drugs; explosives, fireworks, lighters, flares, smoke canisters or replica explosive devices; personal protection sprays, laser pointers and strobe lights; glass bottles and glass receptacles (medication bottles for personal use excluded); hazardous and/or toxic materials; cans or any other item that an authorised person considers dangerous, hazardous and/or illegal or that may be used as a weapon or a missile or that may compromise or otherwise interfere with the safety of (or pose a hazard to) any person or security at the Event;

ii. large backpacks, laptop bags and laptops, suitcases, helmets;

iii. phone jammers, radio scanners and walkie-talkies; personal/private wireless and 3G or 4G access points/hubs (smart devices are permitted but must not be used as wireless access points to connect multiple devices);

iv. hard cool boxes or metal containers;

v. compressed gas containers (otherwise than required for personal medical purposes);

vi. protest material of any kind, including banners, clothing, signs or materials displaying political, religious, offensive or race-related messages, slogans or images;

vii. tents, spray paint or any other item which could be used to demonstrate within the Event, sabotage or damage property;

viii. any tripods, monopods or video camera equipment whatsoever or equivalents (whether or not for personal use); and any camera or other type of photographic or recording device (of any nature whatsoever and whether capturing still or moving pictures) other than for personal use; and

ix. bicycles, roller-skates, skateboards, scooters, wheeled footwear.

4.4. We may also refuse admission to the Event if you engage in illegal, prohibited or otherwise inappropriate behaviour, including, for example:

i. bringing or attempting to bring into the Event, possession or use of any restricted item within the Event which, in our reasonable opinion, might compromise or otherwise interfere with the enjoyment or comfort of any person at the Event, including, without limitation, water balloons, large umbrellas, noisemakers such as musical instruments;

ii. bringing or attempting to bring into the Event any alcohol, food and/or non-alcoholic drinks;

iii. whilst at the Event or within its vicinity, engaging in disruptive, dangerous or violent behaviour, for example, , throwing, casting, thrusting or propelling any object, instigating violence, racism, xenophobia or homophobia, or behaving in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, or creating or posing any threat to the life or safety of themselves or any other person(s), or harming any other person(s) in any way;

iv. whilst within the Event, entering or circulating in restricted access areas;

v. you are reasonably suspected of having committed, or being likely to commit, a criminal offence within the Event or within its vicinity;

vi. whilst at the Event or within its vicinity, failing to comply with our instructions;

vii. whilst at the Event, damaging, interfering with or tampering with our or any property of any third party;

viii. whilst at the Event, smoking in any area where smoking is not permitted;

ix. bringing or attempting to bring into the Event, selling, possessing or using, at the Event or within its vicinity, any sponsorship, promotional or commercial items or materials of any nature;

x. whilst at the Event or within its the vicinity, engaging in any form of activity related to marketing or advertising (including, for the avoidance of doubt, ambush marketing), or conducting any commercial activity whatsoever, or offering (either for free or for sale), selling or possessing items with intent to sell (including, without limitation, drinks, food, souvenirs, clothes, promotional and/or commercial items and literature); and

xi. hanging or draping any flag or banner over any signage at the Event.

4.5. If you are in breach of these Event Terms you may be removed from the Event at our absolute discretion.

4.6. The use of any tripods and any camera or type of photographic or video recording device whatsoever, whether capturing still or moving pictures or sounds, other than for personal use is strictly prohibited.

4.7. Please note, and kindly take into consideration before registering for the Event and partaking in the Event and the activities offered by us at the Event, that:

i. loud music or broadcasts may be used at the Event which can damage hearing or health and furthermore that the Event may contain flashing lights which may affect people with photosensitive epilepsy or other similar sensitivities; and

ii. activities at the Event may include or require physical exercise which may preclude certain persons from partaking in such activities. You agree to participate in such activities solely at your own risk. Should you suffer death, injury, illness, harm, damage or any loss of any nature whilst participating in any activity, you acknowledge and agree that you will have no claim against us for any such death, injury, illness, harm, damage or losses they suffer or incur, unless such death, injury, illness, harm, damage or loss is caused by our  negligent act or omission.

4.8. Parents and guardians are responsible at all times for any of their children attending the Event and/or participating in any of the activities and shall be wholly liable and responsible for failing to supervise, monitor or control their children at the Event or while participating in any activity at the Event. This includes ensuring that such attendees are adequately supervised and are physically, emotionally and mentally able and capable to attend.  We shall not assume the responsibility of, or be liable for, the welfare, care, protection and security of children whilst at the Event; such responsibility and liability shall at all times remain with such child/children’s parent or guardian. Any person under the age of 18 attending the Event or participating in any activity at the Event shall be deemed to be doing so with the full consent of such child’s parent or guardian, with the registrant accompanying them having appropriate authority.

4.9. At all times during the Event, and particularly in the event of an emergency, you shall follow and comply with the instructions and directions of the stewards, staff and/or other authorised officials of the Event. You shall wear such protective or other clothing or apparel as may be directed at any point during the Event or during a particular activity.

4.10. Your property shall be your own responsibility and we do not accept any liability for loss, theft or damage to such property.

4.11. Disabled persons are requested to inform us as soon as possible of any requirements necessary to enable us, as best as is reasonably possible, to accommodate and assist you at the Event.

4.12. By attending the Event, you agree that:

i. that any photographs, videos, sound recordings or other accounts or descriptions, whether data, textual, visual or audio, of all or any part of the Event created by you may be used only for personal, non-commercial uses. Any transmission or other distribution (for example, any uploads to the internet, and any public performance or display) is strictly prohibited; and

ii. you may be filmed, photographed and/or recorded in connection with or during the Event and you agree to permit us to use such filming, photography, recordings and/or your name, city of residence, comments, voice, photo, likeness and/or demographic information free of charge in any manner and for any purpose, including our commercial purposes, in any media now known or hereafter developed, and, to the extent permitted by law, you waive any moral rights of privacy, intellectual property rights and/or commercial rights therein. More information on how this data may be used can be seen in the Premier League’s privacy policy which can be viewed here: https://www.premierleague.com/privacy-policy

4.13. To the fullest extent permitted by Applicable Laws, and in consideration for being allowed to register for, to be present at and allowed entry into the Event and to participate in activities at the Event, you hereby release us entirely from, and agree not to hold liable or institute any claim against them with respect to, any and all liabilities, damages, losses, claims, costs, expenses (including legal fees), including, without limitation, direct, indirect, special, consequential or incidental damages, that may be incurred or made by you or your kin, heirs, executors, trustees, personal representatives or permitted assigns for property damage or loss, whether pecuniary, personal or otherwise, personal injury or wrongful death arising as a result of your registration for the Event, your entry into the Event and/or your participation in the activities at the Event, wherever, whenever or however the same may occur.

4.14. To the fullest extent possible, we do not accept liability for and you will have no claim against, in respect of any errors relating to your experience at the Event:

i. the atmosphere or accessibility from your seat or standing place;

ii. parking at the Event;

iii. the adequacy of traffic control to and from the Event;

iv. the adequacy of food and beverages during the Event;

v. the quality of sound and lighting at the Event; or

vi. the quality of any services, activities or events provided by independent contractors during the Event.

4.15. We reserve the right to postpone the start of, or cancel, the Event for any reason whatsoever, including, without limitation, bad weather. The Organisers and/or their Agents reserve the right to cancel all or certain activities and/or the Event without any refund or recourse. You hereby acknowledge that you bear the risk of cancellation of all or certain activities and/or the Event.

5. INTELLECTUAL PROPERTY

5.1. We own or license  all intellectual property rights, including, without limitation, copyright, trademark rights in the Premier League and related services and products and all content appearing on the Services and/or the at the Event, as the case may be. The copying or conversion of any such content or intellectual property without the express written permission of the rights holder is strictly prohibited. The Organiser or other such rights holders may grant or withhold permission to copy or convert such content or intellectual property in its sole and absolute discretion and subject to such terms and conditions as such party may choose in its sole and absolute discretion. You may request such permission by submitting your query to plevents@premierleague.com.

5.2. Use of the Services and/or participation in or presence on or at the Event, as the case may be, is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials, content and text, without limitation, made available through such avenues are owned by the us and/or our Affiliates and are protected by United States, English and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication or other circulation, exploitation or use of such material as aforesaid, or any component thereof, will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the Services and/or the Event, as the case may be, are our registered and unregistered trademarks. Nothing contained on the Services and/or at the Event, as the case may be, should be construed as granting any licence or right to use any trademarks without our  prior written permission.

6. DATA PROTECTION

6.1. Your Personal Data shall be provided to us by registering for the Event through the Services. Personal Data will be handled in accordance with the Premier League’s privacy policy which can be seen here: https://www.premierleague.com/privacy-policy.

6.2. We shall comply at all times with their obligations under the Data Protection Act 2018 and the General Data Protection Regulation in relation to the collection, processing and storage of your Personal Data.

6.3. The Personal Data collected from you in relation to your registration and participation at the Event will include, for example, your name, date of birth, email address. You acknowledge and agree to us using such Personal Data for the purposes of Event and Ticket administration.

6.4. When registering, you will be asked if you would like to opt in to any marketing or promotional messaging from us or select third parties (for example, Premier League clubs). By opting in, you consent to the use of your Personal Data in accordance with your preferences. Such marketing activities may include:

i. informing you of other products or services available from us in relation to the Event;

ii. contacting you via surveys to conduct research about your opinion of the Event;

iii. sending you advertising and marketing material and information (“Promotional Material”) relating to us and/or any future events; and/or

iv. sending you, itself or via a third party (including a Premier League club), Promotional Material relating to the Premier League club for which you indicated your support.

If you wish to withdraw your consent to such marketing, please email: dataprotection@premierleague.com.

6.5. We shall:

i. only collect, collate and use your Personal Data where we have lawful grounds and legitimate business reasons to do so;

ii. only use your Personal Data only as outlined in clause 6.3 and 6.4 above and will not use the Personal Data for any unrelated purpose unless you have been informed and, where relevant, your permission obtained;

iii. not ask for more Personal Data than we need for the purposes for which we are collecting it;

iv. update our records when you inform us of any changes to your Personal Data;

v. continue to review and assess the quality of the Personal Data held;

vi. implement and adhere to information retention policies relating to your information and will ensure that your information is securely held and disposed of for the appropriate legislated periods and times;

vii. observe the rights granted to you under applicable privacy and data protection laws and will ensure that queries relating to privacy issues are promptly and transparently dealt with;

viii. store your registration and Personal Data on a secure server located on one of our sites for a limited time, which may be, in India, the United Kingdom, the United States or in any jurisdiction which, in our reasonable opinion, provides adequate protection of your Personal Data; and

ix. neither us will sell, rent, lease or otherwise dispose of your Personal Data or its customer lists to any other third parties, except as provided herein.

6.6. We shall only disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to:

i. comply with law or any legal process served on us or our Services;

ii. protect and defend our rights or property; and

iii. act under pressing circumstances to protect the personal safety of the public.

7. MISCELLANEOUS

7.1. No failure or delay on the part of us in exercising any right or remedy or enforcing these Event Terms will operate as a waiver of such rights or remedies. Headings are for convenience only and not for use in interpretation of these Event Terms.

7.2. All provisions of these Event Terms are severable from each other. Any provision of these Event Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, shall be severed and the remaining provisions of these Event Terms shall remain in full force and effect.

7.3. Delay or failure to comply with, or breach of, any of these Event Terms if occasioned by, or resulting from, an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm, drought, earthquake, natural disaster or other adverse weather conditions, war declared or undeclared, terrorist attack, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, pandemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so claiming force majeure, will not be deemed to be a breach of these Event Terms nor will it subject either party to any liability to the other party.

8. GOVERNING LAW

These Event Terms, and any claim, dispute or impasse relating thereto, shall be governed in all respects by, and shall be interpreted in accordance with, the laws of England and Wales.

You may contact us at any time at dataprotection@premierleague.com if you have any questions about the Personal Data which we hold about you.

All contents of the Website are Copyright © 2019: The Premier League. All rights reserved.

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