WIN THE STORM
TERMS AND CONDITIONS
These Terms and Conditions apply to sponsors and exhibitors at events (each an “Event”) organized by Win The Storm LLC (referred to as “we/our/us”).
As a potential Exhibitor to an Event (referred to as “you/your”), please read these terms and conditions carefully as they contain important information. By submitting your registration and/or by attending an Event, you agree to be bound by these terms and conditions.
- Your registration (whether submitted directly by you or on your behalf) constitutes an offer by you to Win The Storm LLC to attend the Event in accordance with these terms and conditions. All registrations are subject to acceptance by Win The Storm LLC. If your registration is received in advance of the Event, it will either: (a) be confirmed in writing (including, without limitation, by email), or (b) if written confirmation is not sent within fourteen (14) days of us receiving your registration, be deemed to be confirmed unless we notify you otherwise. If your registration is received only at the Event itself, it will be confirmed by the act of Win The Storm LLC permitting you entrance to the Event. Win The Storm LLC reserves the right to refuse to accept any registration.
- Win The Storm LLC reserves the right at any time to change the format, content, location, venue, opening hours, duration, dates, other timings, participants and/or any other aspect of the Event, in each case without liability. Win The Storm LLC reserves the right to withdraw any registration after confirmation without liability.
- Save as expressly set out in these terms and conditions and/or as may be otherwise expressly advised as part of the particular Event’s registration process: (a) your registration for the Event is irrevocable and you have no rights to cancel your registration, and (b) any registration fees you have paid will not be refunded for any reason.
- Win The Storm LLC reserves the right to cancel or change the date(s) of the Event at any time and for any reason (whether or not due to causes beyond our reasonable control). In the event that the date(s) of the Event are changed to new date(s) that are within twelve (12) months of the originally scheduled opening date of the Event, or where the Event is canceled but is reasonably expected by Win The Storm LLC to be held at any time in the next calendar year, then, unless we notify you otherwise, your registration will be deemed to be valid for the Event on the new date(s) or when it is next staged (as applicable) in the same way that it would have applied to the originally scheduled Event (and no refund of any paid registration fees will be issued). Where all or part of the Event is canceled and is not reasonably expected by Win The Storm LLC to be held in the next calendar year, then your registration will no longer be deemed to be valid for the Event (or the canceled portion of the Event, as applicable) and, at your election, any paid registration fees for the Event (or the canceled portion of the Event, as applicable) will be refunded or a credit note issued for the same, and you will be released from paying any further amount of registration fees for the Event (or the canceled portion of the Event, as applicable). Service charges are non-refundable. Personal arrangements, including, without limitation, travel and accommodation, are at your own risk and Win The Storm LLC will not be liable for any costs relating to such arrangements, even if the Event is canceled or moved to new date(s). You acknowledge and agree that the provisions of this paragraph set out your sole remedy in the event of cancellation or the changing of the date(s) of the Event and all other liability of Win The Storm LLC is hereby expressly excluded.
- Our Events, whether physical or virtual, are principally directed at business professionals. They are generally not intended for children under the age of sixteen (16). Without limitation to the foregoing, there may be some areas of our Events where it is inappropriate or impractical for children under the age of sixteen (16) to be present (for example, during conference workshops or certain social activities) and Win The Storm LLC reserves the right at any time to restrict entry to such areas accordingly.
- Win The Storm LLC reserves the right without liability to refuse admission to, or to eject/block from, the Event (whether physical or virtual) any person in its absolute discretion, including (without limitation) any person who fails to comply with these terms and conditions or who, in the opinion of Win The Storm LLC, represents a security risk, nuisance or annoyance to the running of the Event. You agree to comply with all reasonable instructions issued by Win The Storm LLC, the venue owners, security personnel and/or management at the Event.
- All unauthorized filming, sound recording and photography of the Event, and all unauthorized transmission of audio or visual material at the Event, by you is expressly prohibited. You agree: (a) to surrender to Win The Storm LLC or destroy on demand any material in whatever media recorded in violation of this paragraph, (b) that the copyright and other intellectual property rights in any such material shall vest in Win The Storm LLC unconditionally and immediately on the creation of such material, and (c) to hold Win The Storm LLC (as well as any employees or other representatives of the same) harmless against any claims made in respect of such unauthorized activities.
- You consent to filming, sound recording and photography at the Event, which may include, without limitation, filming, sound recording and photography featuring your image (the “Content”). You acknowledge and agree that Win The Storm LLC is the sole and exclusive owner of all rights in the Content and hereby waive any and all: (a) rights in and to such Content, and (b) claims that you may have relating to or arising from the Content and/or its use. Without limitation, Win The Storm LLC shall be permitted to use the Content anywhere in the World for promotional and other purposes, without any payment or compensation.
- The personal information that you provide to Win The Storm LLC will be held by us on a database and, where we have appropriate authorization/justification (which may include, without limitation, express/implied consent or legitimate interests), may be shared with other entities within the Storm Ventures Group family of companies and selected third parties internationally for promotional and other purposes. Your personal information may also be shared with government entities and regulatory authorities as required by law. At some Events, exhibitors and sponsors may use lead capture applications or barcode scanner devices. If you choose to allow your badge (whether physical or digital) to be scanned by third parties at the Event, we may pass your personal information to such third parties. Further, there may be certain areas of the Event at which your Page 2 of 4 attendance is conditional on your personal information being provided to third parties that have sponsored or are managing such areas. The use that any third parties make of your personal information is outside of Win The Storm LLC’s control and, to the extent permitted by applicable law, we do not accept any liability in this regard.
- You expressly assume all risks associated with, resulting from or arising in connection with your participation in and/or attendance at the Event. Win The Storm LLC does not make any warranty as to the Event in general, including, without limitation, in relation to: (a) the presence, absence or location of any exhibitor, sponsor or attendee, (b) the number of exhibitors, sponsors or attendees, and/or (c) the benefit or outcome (commercial or otherwise) that you may achieve as a result of attending the Event. All indemnities, warranties, representations, terms and conditions (whether express or implied) except as set out herein and/or as may be otherwise expressly advised as part of the particular Event’s registration process are excluded. Win The Storm LLC and all entities within the Storm Ventures Group family of companies (as well as any employees or other representatives of the same) exclude all liability for any loss, injury, disease or damage whatsoever that you may suffer in connection with or arising from the Event whether direct, indirect, consequential, special, incidental or punitive loss, injury or damage (including, without limitation, injury or disease to persons, property damage, theft, loss of profits, loss of business, loss of opportunity, loss of goodwill, loss or corruption of data or any other type of economic loss, injury or damage) or otherwise. For the avoidance of doubt, Win The Storm LLC shall not incur any liability whatsoever for any products displayed or sold by any exhibitor or sponsor at the Event. The limitations and exclusions in this paragraph only apply to the extent permitted by applicable law.
- The rights and remedies of Win The Storm LLC are cumulative and are not exclusive of any rights and remedies provided by law and may be waived only in writing and specifically. Any delay or failure to exercise any right or remedy is not a waiver of the same.
- Win The Storm LLC reserves the right to amend these terms and conditions from time to time and you will be subject to the terms and conditions in force at the time that the Event is staged.
- In case of any discrepancy between the English and other language versions of these terms and conditions, the English shall prevail.
DISCLAIMER FOR ACTIVITIES
You should consider carefully whether or not you will be able to participate in any activities offered as part of the Event. Win The Storm LLC warns that some activities may be physically demanding and/or carry inherent dangers. You understand that some exercise-based activities may be a risk to your physical health and safety if you do not perform them correctly. You accept that it is entirely your responsibility to decide whether or not participation in any activity offered as part of the Event is appropriate to your capabilities, aptitude, fitness and health. If you have any concerns about your capabilities, aptitude, fitness and/or health to participate you should consult with and follow the recommendations of a medical professional prior to Page 3 of 4 engaging in any activity. If at any time during any activity you feel unwell or consider that it is unsafe for you to continue, please stop the activity immediately and seek appropriate advice.
You also accept that it is entirely your responsibility to observe all health and safety requirements and instructions that you may be given in relation to activities. If you are participating in any activity that is offered virtually for participation in a home or office environment, you should ensure that your environment is safe, provides adequate space and is free of dangerous or hazardous objects and materials.
Win The Storm LLC and all entities within the Storm Ventures Group family of companies (as well as any employees or other representatives of the same) exclude all liability for any loss, injury, disease or damage whatsoever that you may suffer in connection with or arising from your participation in any activities offered as part of the visitor program (including, without limitation, any activities held outside of, or incidentally to, the main Event that you are attending), whether direct, indirect, consequential, special, incidental or punitive loss, injury or damage (including, without limitation, injury or disease to persons, property damage, theft, loss of profits, loss of business, loss of opportunity, loss of goodwill, loss or corruption of data or any other type of economic loss, injury or damage) or otherwise. The limitations and exclusions in this paragraph only apply to the extent permitted by applicable law.
EXHIBITOR RESPONSIBILITY CLAUSE
For Events Hosted at the Hilton Anatole Hotel in Dallas, Texas
To the fullest extent permitted by law, the person/legal entity described as “Exhibitor” in this clause and in this exhibitor contract (regardless whether such person/legal entity is also described as “Exhibitor” in this contract) hereby assumes full responsibility and agrees to indemnify, defend and hold harmless Hilton Anatole (“Hotel”) and Hotel’s owners, managers, subsidiaries, affiliates, employees, and agents (collectively, “Hotel Parties”), as well as Win The Storm LLC (“Group”), from and against any and all claims or expenses arising out of Exhibitor’s use of the Hotel’s exhibition premises. Exhibitor agrees to obtain and maintain during the use of the exhibition premises, Comprehensive General Liability Insurance, including contractual liability covering the Exhibitor’s indemnity obligations in this clause. Such insurance shall be in the amount of not less than $1,000,000 combined single limit for personal injury and property damage. The Hotel Parties and Group shall be named as additional insureds on such policy, and Exhibitor shall supply the Hotel with a Certificate of Insurance at least 30 days prior to the use of the exhibition premises. The Exhibitor understands that neither the Group nor the Hotel Parties maintain insurance covering the Exhibitor’s property and it is the sole responsibility of the Exhibitor to obtain such insurance.