PUBLICITY RELEASE AND WAIVER
By purchasing tickets to this event I do hereby authorize and grant to BG Brewfest in Bowling Green , Kentucky (“”) and its successors, licensees and assigns, in connection with the production or promotion of 2017 BG Brewfest (“Festival”) the irrevocable right to use, re-use, adapt, modify, exhibit, distribute, edit and otherwise exploit, my name, likeness, image, photograph, voice, biography, interview, statements and/or performance live and recorded (“Contributions”) together with all music, photographs, video clips, sound recordings, writings or other materials (“Materials”) I submit to Grantee. I agree that, in addition to use in connection with the Festival, Grantee, its licensees or assigns, retains sole discretion to use my Contributions and Materials, without further payment or consideration, in any and all manner, media or formats now known or hereafter devised, in whole or in part, as edited and otherwise altered, throughout the world, in perpetuity.
I acknowledge that Grantee shall be the owner of the Festival, and any other Festival, posting, or other use to which the Contributions or Materials are added and all rights thereto for all purposes and that I have no rights to Grantee’s uses and no right to receive any compensation or consideration for any uses. I agree that Grantee may use my Contributions and Materials in any advertising, promotion or marketing of the Festival or of any other Festival, posting or use to which the Contributions or Materials are added without obtaining my additional consent.
I agree to indemnify and hold harmless Grantee from and against all claims, losses, expenses and liabilities of every kind, including reasonable attorneys’ fees, arising out of the inaccuracy or breach of any provision of this agreement. I also agree to waive any equitable remedies against Grantee.
I expressly release Grantee from any and all claims arising out of the use as described above by Grantee for use of my Contributions and Materials, including but not limited to claims for blurring, distortion, or editing. I further expressly release and discharge Grantee of and from any and all claims arising from my participation, including, without limitation, any claims for defamation, false light, invasion of privacy, violation of the rights of publicity, breach of confidence, trademark infringement, unfair competition, and copyright infringement.
This agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State or Commonwealth where Grantee is incorporated or is conducting business, without regard to conflict of law principles, and I submit to the jurisdiction of the courts within the same State or Commonwealth and waive all objections to the jurisdiction or venue of such courts. If any provision in this agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this agreement, which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law.
This agreement represents the entire understanding of the parties, and I am not relying on any other promises or statements made by anyone other than this agreement, which may not be amended unless mutually agreed to by both Grantee and myself in writing.
THE CONFORMATION OF THE PAYMENT REPRESENTS THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT.
These terms and conditions contain legal obligations. Please read these terms and conditions carefully before using this site.
You expressly understand and agree that: (a) this site and any of the services are provided on an “as is” and “as available” basis and that this site makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and (b) this site specifically makes no warranties that a it or any of its services, including any content, information, products or services obtained from or through the use of this site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.
BILLING INFORMATION VERIFICATION
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, Customer Service will attempt to contact you, using the information provided at the time of purchase. If Customer Service is unable to reach you after its initial attempt, Customer Service may cancel your order and may sell your tickets to another customer without further notice.
PRICING AND OTHER ERRORS
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: The Promoter will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website.
UNLAWFUL RE-SALE OF TICKETS
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Promoter, provided that even if such consent is obtained, any use of Event Promoter’s trademarks and other intellectual property is subject to the Event Promoter’s consent.
PERFORMERS/ARTISTS/ACTS/PLAYERS SUBJECT TO CHANGE
Performers, Artists, Acts, Players are subject to change or cancellation at any time without notice. No refund will be owed if any performer, artist, act, player or any other scheduled performance, person or group is changed or canceled and the event still occurs.
NO REFUND OR EXCHANGE
All purchases are non-refundable and not able to be exchanged.
RAIN OR SHINE
Unless otherwise determined by the specific event promoter, all events are considered RAIN or SHINE. No refunds will be given due to inclement weather.
Occasionally, events are canceled or postponed by the promoter, team, band or venue. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any cancelled or postponed event, please check the event information online or contact us. If a refund is issued, then the Promoter will most likely give you a refund by issuing a credit to the credit card that you used to purchase that ticket, and the holder of the ticket will not be able to physically present it for a refund.
IN THE EVENT OF A CANCELLATION FOR WHICH THERE IS NO RESCHEDULED DATE, A REFUND FOR THIS TICKET MAY BE ISSUED AT THE OPTION OF THE MANAGEMENT AND MAY NOT INCLUDE ADDITIONAL TICKETING FEES (I.E., TICKETING OPERATIONS FEE, SHIPPING FEES, ETC.).
LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall this site, including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether this site had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of this site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to this site or any of the services.