EVENT TERMS AND CONDITIONS
Your participation in the Hole-in-one in Personalization with Dynamic Yield event scheduled to take place at Topgolf, 9110 Drivers Wy, Charlotte, NC 28262 on Wednesday, September 27, 2023. (the “Event”) shall be deemed to constitute your full acceptance of these Terms and Conditions (“Terms”).
BY REGISTERING FOR THE EVENT YOU ARE AWARE AND UNDERSTAND THAT THE EVENT MAY BE DANGEROUS AND MAY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF DYNAMIC YIELD OR OTHERWISE.
- Event Registration. Upon your registration to attend any such Event, an attendee (“You”) shall be deemed to have accepted these Terms as set out herein. “Dynamic Yield” shall mean any company within the Dynamic Yield group which is hosting the Event.
- Event Details & Attendance
– The Event is scheduled to take place at Topgolf, 9110 Drivers Wy, Charlotte, NC 28262 (the “Venue”) on Wednesday, September 27, 2023 between 5:300pm-7:30pm EST. If you wish to attend, you must reserve a place by registering for this event on https://events.dynamicyield.com/events/topgolf-charlotte-2023. Furthermore, should you wish to cancel your reservation, please let us know as soon as possible by emailing firstname.lastname@example.org. Please note that by participating in this event you shall comply with rules set forth in Exhibit A.
– You will need to provide Dynamic Yield with certain identifying details in order to be allowed entry to the Venue for the Event. Your personal information may be used by us for any of the following purposes: (i) to identify you upon arrival at the Event; (ii) to send you events and news information regarding live events or other marketing materials regarding our services or services of our partners and affiliates; (iii) to communicate with you regarding delivery of prizes (if applicable); and (iv) for internal administrative purposes.
– You also expressly agree that we share your personal information with our affiliates and, in some cases, third party event partners for the purposes outlined above. We and other members of our corporate group or our partners may occasionally send you events and news information or information regarding new services and to provide you with customer support services. If you do not wish to receive our newsletters, you may opt-out of receiving them by following the instructions included in each newsletter.
– Your entry to and participation in any Event shall remain at the sole discretion of Dynamic Yield which may, at any time, restrict or prohibit you from the Event where it reasonably believes that you: (i) have breached or attempted to breach any term or condition relating to the Event as notified to you by Dynamic Yield or any of its affiliates; or (ii) have engaged in any abusive, offensive, disreputable or violent behavior or supplied false or misleading information to Dynamic Yield.
An entry ticket to the Event is not transferable, cannot be copied and may only be used by you as permitted under these Terms.
- Health and Safety
You must comply with all health and safety guidelines, guidelines and instructions as may be given by Dynamic Yield or the Venue concerning your attendance of the Event and adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in you being removed from the Venue or barred from the Event.
– You must take all reasonable steps to ensure your own health and safety when attending the Event or participating in any of the activities forming part of the Event. Any behavior or act or conduct by you which Dynamic Yield or the Venue considers to pose any medical, security or safety risk (including without limitation any abusive behavior, physical or psychological) will lead to your immediate removal from the Venue and prohibition from further participation in the Event.
– You hereby acknowledge and agree that your attendance at and participation in the Event is undertaken at your own risk. You must notify Dynamic Yield of any medical or other condition which may mean that you are unfit to participate in the Event as soon as you become aware of such a condition. Some venues may require you to provide proof of vaccination (Covid-19) as a pre-requisite for entering the venue, to wear a mask or adhere to other health-related precautionary measures from time to time. Dynamic Yield reserves the right to forfeit your place at the Event without liability or compensation, if, in its sole opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Event.
- Limitation of liability
By participating in the Event you hereby agree to release, discharge and hold harmless Dynamic Yield, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) (“Claims”), as a result of your participation in the Event and /or any prize that may be awarded to you as a result thereof and Dynamic Yield fully excludes any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the prize (if any) with respect to this Event).
– DYNAMIC YIELD DOES NOT ACCEPT ANY LIABILITY TO YOU AND FULLY EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OF PROFIT, BUSINESS, REVENUES OR ANTICIPATED SAVINGS OR FOR SPECIAL OR CONSEQUENTIAL LOSS OF ANY NATURE HOWSOEVER ARISING AND SUFFERED BY YOU.
– Dynamic Yield shall not be liable to you to perform any of its obligations with respect to the Event where it is unable to do so as a result of circumstances beyond its reasonable control and whilst Dynamic Yield may endeavour to schedule another event or award an alternative prize (as the case may be), it shall not be liable to compensate you in any way other than the reimbursement of the exact amount that you used to acquire a ticket for the Event.
– You hereby agree to indemnify Dynamic Yield, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees against all costs, claims, losses, damages, expenses and liabilities (including without limitation, legal fees, loss of reputation and goodwill) suffered by Dynamic Yield arising as a result of: (i) a breach by you (or anyone acting under your authority) of any of your obligations, representations, warranties and undertakings on your part as contained in these Terms; or (ii) in connection with your failure to follow any instructions given by Dynamic Yield or the Venue or in relation to any matter concerning your attendance of the Event; (iii) all and any costs, claims, expenses and liabilities (including without limitation, legal fees and any sums paid on the advice of counsel) resulting from breach by you (or anyone acting under your authority) of any of the representations, warranties or undertakings on your part contained in these Terms.
- Filming and Image Rights
– You irrevocably grant to us and our affiliates all rights, consents and licenses necessary to enable us and our affiliates to make the fullest use (including, without limitation, to reproduce, distribute, publicly display, publicly perform and make derivative works thereof) of your photograph, likeness, appearance, image, voice, name, film footage and sound recordings that feature you, as photographed, recorded, or broadcasted by or on behalf of us or our affiliates (the “Contribution”) throughout the universe in perpetuity and royalty-free by any and all means in any and all media, whether now known or hereinafter developed or devised, in any program for which your contribution has been recorded and any other programs and any other content including, without limitation, in relation to any audio-visual recording of the Event which we (or third parties on our behalf) endeavor to create. You further agree to and the production and release of promotional ads of, or other marketing materials related to the Dynamic Yield products, services and brand. You agree to the photography, recording, broadcasting or live relay of the Contribution.
– You hereby release Dynamic Yield, its affiliates, and their permitted designees from and against any claim, damage, liability, cost and expense arising from any violation of any right to privacy, publicity or personality that you have, or infringement of any copyright or other proprietary right that you own or hold, based upon or related to any use of the Contribution under the licenses and rights granted herein. The foregoing release shall be binding upon you and your heirs, assigns and legal representatives.
– You acknowledge and agree that Dynamic Yield solely owns all right, title and interest, including, without limitation, all copyrights and other intellectual property rights, in and to the Contribution and any derivative works thereof. To the extent ownership of the Contribution does not automatically vest in Dynamic Yield, you hereby grant and assign to Dynamic Yield all right, title and interest in and to the Contribution and agree to execute all documents reasonably requested by Dynamic Yield to effectuate the foregoing.
– In recognition of the needs of film and television production, Dynamic Yield shall be entitled to edit, copy, add to, take from, adapt or translate the Contribution in its sole discretion, and in respect of the Contribution, you irrevocably waive the benefits of and agree not to assert any provision of law known as “moral rights” or any similar laws of any jurisdiction. You agree that Dynamic Yield and its affiliates are under no obligation to broadcast, exhibit or otherwise exercise any of the rights and licenses granted herein.
– You represent and warrant to us that (a) you are fully entitled to grant the rights and licenses granted to us and our affiliates hereunder, (b) nothing in the Contribution (whether by way of inflection or gesture or otherwise) will infringe the copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring Dynamic Yield or other companies under the same corporate ownership, any broadcaster, or the Dynamic Yield brand into disrepute and (c) all facts expressed by you in the Contribution are, to the best of your knowledge and belief, true and insofar as the Contribution contains any opinions, these opinions are your own and are genuinely and truly held by you.
– By attending an Event, you acknowledge to Dynamic Yield that the entire copyright throughout the world in any photograph, film or video or other recordings of you taken by us (or third parties on our behalf) made during any Event shall belong to Dynamic Yield and/or any related company.
– You warrant to Dynamic Yield that you are able to assign all such rights and give such acknowledgements and furthermore, you agree to carry out any reasonable request by Dynamic Yield during the Event to assist in publicising, televising or promoting the Event.
– Dynamic Yield reserves the right to cancel or alter any Event at its sole and absolute discretion.
– Dynamic Yield reserves the right to refuse any person entry into any Event. If you are excluded from one Event by either Dynamic Yield or the Venue, you may be restricted from or not be eligible for entry into any future Events organized by Dynamic Yield or any of its group companies.
– Any prize received in relation to the Event will be non-transferable. Winners are responsible for payment of any and all taxes, licenses, registrations and other fees associated with prizes that are awarded.
– Dynamic Yield reserves the right to change these Terms at any time; therefore, you should review the most updated version each time prior to your attendance at the Event.
– These Terms shall be governed by and construed in accordance with the laws of the Southern District of the State of New York. You agree that any dispute concerning or arising out of these Terms will be decided by the competent courts in New York, New York. Nothing in this clause shall limit the right of Dynamic Yield to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
– These Terms constitute the entire understanding between Dynamic Yield and you, and supersedes any prior agreements between Dynamic Yield and you, in connection with the subject matter hereof. You hereby represent that by signing these Terms, you have not relied on any representation or assurances, whether written or oral made by Dynamic Yield other than those expressly set forth in these Terms. You agree that Dynamic Yield will have the right to freely assign its rights, licenses or obligations, in whole or in part, under these Terms to any party without notice to you.