EVENT TERMS & CONDITIONS
These Event Terms and Conditions (“Event Terms”) govern the application of tickets for, and attendance at, the Event to be held by the Organisers (as defined below) on 30th and 31st March.
You should not apply for a Ticket if you do not agree to these Terms and Conditions.
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 ticketed Premier League Mornings Live event held at Cask ‘n Flagon, 62 Brookline Ave, Boston, MA 02215 on the 30th & 31st March 2019;
“Organiser” refers to the Football Association Premier League Limited, a company registered in England and Wales under company number 02719699 (also referred to herein as the “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” bears the definition as contemplated 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;
“Ticket” means the mechanism through which entry and/or re-entry into the Event and/or the Venue is gained, and shall include, without limitation, any other mechanism uniquely used for any individual or specific activity at the Event;
“Venue” means Cask ‘n Flagon where the Event is to be held;
“Website” shall refer to the website hosted on the following domain name – https://plmorningslivebostonprem.splashthat.com/ - and the content thereon and which shall also be taken to include the registration platform for tickets as provided by the Organisers;
“us”, “ourselves”, “we” or such similar expressions shall mean the Organiser; and
“you”, “yourself”, “user” or such similar expressions shall mean the user of the Website and/or the online or mobile registration mechanisms and platforms, or the participant, attendee and/or a valid purchaser and holder of a Ticket or pass of any of the Events, as the context may indicate.
2. GENERAL TERMS
2.1. The Event Terms shall be applicable to (i) the online event registration process, platforms and mechanisms whether accessed via the Website or otherwise; (ii) entry to and attendance at the Event; and (iii) participation in any activities conducted at the Event by the Organiser or its Agents.
2.2. The Event Terms are in addition to, and not exclusive of, the terms, notices and conditions relating to the use of the Website, the online event registration procedures, platforms and mechanisms, and any notices or 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, without modification, of the 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. Registration via the Website offers participants the chance to book a ticket for the Event. Each individual aged over 18 can apply for a maximum of one ticket for personal attendance at the Event, with the option to add up to three under 18s (only) to their reservation. Under 18s are not permitted to register for a ticket for the Event themselves and any individual registering an under 18 on their behalf must have full permission and authority to do so.
3.2. Individuals who successfully register and provide all the relevant information requested on the Website will be sent a Ticket for themselves (which will include any under 18s on their registration) in the form of a QR code.
3.3 Registering does not guarantee a place at the Event. All Tickets are provided on a first come first served basis. We apologise if you register after the Tickets have been allocated. By registering, whether or not you receive a Ticket, you acknowledge the use of your Personal Data in accordance with clause 6 below.
3.4. Receipt of a Ticket permits the holder to enter and attend the Event to be held at the Venue and to participate in the activities at the Event. However, the Venue has a maximum capacity. The Organiser expresses the right at all times to prevent entry to the Venue and to operate a strict entry process if capacity is reached. To that extent, the Ticket does not therefore guarantee entry to the Venue.
3.5. The Organiser and the Venue reserve the right to alter the programme of the Event, the date of the Event and to provide alternative activities to those specified in the Ticket.
3.6. The Ticket is non-transferable and only the registrant may use access the Venue with the Ticket. The Organisers reserve the right to request identification to verify the Ticket holder.
3.7. The Ticket does not afford the holder any other right, including, without limitation, participation in any activity at the Event, parking, merchandise, or food or beverages at the Venue, unless otherwise expressly stated.
3.8. Tickets are not replaceable due to loss, theft, damage or for any other reason. Should you be unable to produce the Ticket as required, this will result in access to the Venue and/or participation in the activities at the Event being denied, or you being removed from the Event and/or Venue.
3.9. Any Tickets obtained from unauthorised persons, platforms and/or entities are not valid and will not entitle such Ticket holder to gain access to the Venue and/or to participate in the Event.
3.10. Tickets are not permitted to be exchanged, transferred, sold or used for any advertising or promotional purposes without the prior written consent of the Organiser.
3.11. You acknowledge and agree that the Organisers shall be entitled, but not obliged, to establish the authenticity of any communication transmitted to it by way of internet or mobile mechanisms or platforms 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 by way of an internet, online or other electronic source, and which may (as a result of, inter alia, 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 the Organiser and/or its Agents act on your instructions or instructions purported to emanate from you.
3.12. As a condition of your registration, you warrant to the Organiser that you will not use its platforms for any purpose that is unlawful or prohibited by or under these Event Terms and you agree to act responsibly when using the registration platform on the Website. You may not use the Website or online or mobile registration mechanisms and platforms in any manner which could damage, disable, overburden or impair the Website or online or mobile registration mechanisms and platforms (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 Website or online or mobile registration mechanisms and platforms.
4. EVENT PARTICIPATION
4.1. Right of entry into the Event and admission into the Venue is reserved at all times. Persons who are deemed to be behaving in a manner that is inappropriate, dangerous and/or unacceptable, in the absolute discretion of the Organiser and/or its Agents, will be refused access and/or entry into the Event and/or Venue or will be removed from the Event and/or Venue without compensation. Unacceptable behaviour includes, without limitation, fighting, drunkenness, foul, offensive or racist conduct, inappropriate conduct or language or any failure to adhere to the instructions of the Organiser’s representatives at the Event or those of its Agents.
4.2. The Organiser and/or its Agents reserve the right to conduct security searches of any individuals attending the Event and/or present within the Venue on the day(s) of the Event. Such searches may be conducted on any vehicles, person, clothing, bags and all other items.
4.3. The Organiser and/or its Agents 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, without limitation,:
i. firearms and ammunition (including component parts) or replica or imitation firearms or ammunition; 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;
ix. bicycles, roller-skates, skateboards, scooters, wheeled footwear; and
x. pets or animals (other than guide/service dogs).
4.4. The Organiser and/or its Agents may also refuse the Ticket holder admission to the Event if the Ticket holder engages in illegal, prohibited or otherwise inappropriate behaviour, including, without limitation:
i. bringing or attempting to bring into the Event, possession or use of any restricted item within the Event which, in the reasonable opinion of an authorised person, 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 vicinity thereof, engaging in disruptive, dangerous or violent behaviour including, without limitation, 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 any Venue, entering or circulating in restricted access areas;
v. being reasonably suspected by an authorised person of having committed, or being likely to commit, a criminal offence within the Event or the vicinity thereof;
vi. whilst at the Event or the vicinity thereof, failing to comply with instructions from any authorised person;
vii. whilst at the Event, damaging, interfering with or tampering with 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 in the vicinity thereof, any sponsorship, promotional or commercial items or materials of any nature;
x. whilst at the Event or the vicinity thereof, 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. Persons that are in breach of the Event Terms may be removed from the Event and/or Venue at the absolute discretion of the Organiser and/or its Agents.
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 booking a Ticket, registering to partake in the Event and partaking in the Event and the activities offered by the Organisers or their Agents 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. Individuals agree to participate in such activities solely at their own risk. Should any individual suffer death, injury, illness, harm, damage or any loss of any nature whilst participating in any activity, he/she will have no claim against the Organiser and/or its Agents 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 the negligent act or omission of the Organiser or its Agents.
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 – including ensuring that such attendees are adequately supervised and are physically, emotionally and mentally able and capable to attend. Neither the Organiser nor its Agents shall, or shall be obliged to, 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. Individuals at the Event shall at all times listen to, and comply with, the instructions and directions of the Organiser’s representatives and/or those of its Agents and/or other authorised officials and 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 the Organiser and/or its Agents do not accept any liability for loss, theft or damage to such property.
4.11. Disabled persons are requested to inform the Organiser and/or its Agents as soon as possible of any requirements necessary to enable the Organiser, as best as is reasonably possible, to accommodate and assist you at the Event and Venue.
4.12. By attending the Event, you are agreeing and consent to:
i. the fact 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, including, without limitation, any uploads to the internet, and any public performance or display, is strictly prohibited; and
ii. the fact that you may be filmed, photographed and/or recorded in connection with or during the Event and you agree to permit the Organiser and/or its Agents 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 the commercial purposes of the Organiser and/or its Agents, 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 Venue and to participate in activities at the Event, you hereby release the Organiser and/or its Agents 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, the Organisers and/or their Agents 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 Venue;
iii. the adequacy of traffic control to and from the Venue;
iv. the adequacy of food and beverages during the Event and/or at the Venue;
v. the quality of sound and lighting at the Venue; or
vi. the quality of any services, activities or events provided by independent contractors during the Event and/or at the Venue.
4.15. The Organisers and/or their Agents 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. The Organiser is the owner or licensee of all intellectual property rights, including, without limitation, copyright, trademark rights in the Premier League and related services and products which distinguish it from others and any other trademarks and all content appearing on or at the Website, the Organiser’s mobile registration mechanism and/or 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, participation in or presence on or at the Organiser’s registration mechanisms or platforms and/or 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 Organiser and/or its 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 or at the Organiser’s registration mechanisms or platforms and/or the Event, as the case may be, are the registered and unregistered trademarks of the Organiser and/or its Affiliates. Nothing contained on or at the Organiser’s registration mechanisms or platforms and/or the Event, as the case may be, should be construed as granting any licence or right to use any trademarks without the prior written permission of the Organiser.
6. DATA PROTECTION
6.1. Your Personal Data shall be provided to the Organiser and/or its Agents by way of your registration for the Event through the Website. 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. The Organiser and its Agents 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, without limitation, your name, date of birth, email address. You acknowledge and agree to the Organiser and its Agents using such Personal Data for the purposes of Event and Ticket administration.
6.4. At the point of registration, you will be asked if you would like to opt in to any marketing or promotional messaging from the Organisers or select third parties. 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 the Organiser 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 the Organiser 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 indicate your support.
If you wish to withdraw your consent to such marketing, please email: dataprotection@premierleague.com.
6.5. The Organiser and its Agents warrant that:
i. they will only collect, collate and use your Personal Data where they have lawful grounds and legitimate business reasons to do so;
ii. they will 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. they will not ask for more Personal Data than they need for the purposes for which they are collecting it;
iv. they will update their records when you inform them of any changes to your Personal Data;
v. they will continue to review and assess the quality of the Personal Data held;
vi. they will 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. they will 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. they will store your registration and Personal Data on a secure server located on one of their sites for a limited time, which may be, in India, the United Kingdom, the United States or in any jurisdiction which, in the reasonable opinion of the Organiser, provides adequate protection of your Personal Data; and
ix. neither the Organiser nor its Agents 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. The Organiser or its Agents will disclose your Personal Data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
i. conform to the edicts of the law or comply with any legal process served on the Organiser and/or its Agents or the Website;
ii. protect and defend the rights or property of the Organiser and/or its Agents; and
iii. act under pressing circumstances to protect the personal safety of users of the Organiser and/or its Agents, or the public.
7. MISCELLANEOUS
7.1. No failure or delay on the part of the Organisers and/or their Agents in exercising any right or remedy hereunder or enforcing the terms and conditions of these Event Terms will operate as a waiver of such rights or remedies under these Event Terms. Headings are for convenience only and not for use in interpretation of these Event Terms.
7.2. All provisions of these Event Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, 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 failing 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 plevents@premierleague.com if you have any questions about the Personal Data which the Organiser and/or its Agents hold about you. All contents of the Website are Copyright © 2017: The Premier League. All rights reserved.
