NEW VERSION - Gen Con Conventions
NEW VERSION - Gen Con Conventions
NEW VERSION - Gen Con Conventions
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Terms of Service Agreement<br />
ALL PARTICIPANTS IN GEN CON LLC’S (“GEN CON”) INDY 2012 CONVENTION (”CONVENTION”) BEING HELD August 16-19,<br />
2012 IN INDIANAPOLIS, INDIANA ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE<br />
CONVENTION BY ACCEPTING THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) AND THE ASSUMPTION OF RISK AND<br />
RELEASE OF LIABILITY DESCRIBED BELOW.<br />
PURCHASES<br />
� Every attendee is required to wear a badge, with the exception of children 8 and under. Children ages 8 and under are<br />
free to attend and do not need a badge unless they will be playing in ticketed events.<br />
� All children must be accompanied by a Parent or Guardian with a badge and children must be registered onsite at the<br />
Customer Service or Badge Registration kiosks and receive a wristband (for security purposes).<br />
� We accept Visa, MasterCard, Discover and American Express as payment. Cash is accepted for purchases onsite. Checks<br />
and Money Orders are not accepted at any time.<br />
REFUNDS<br />
� All refund requests must be made by the end of day on July 1, 2012. Absolutely no badge cancellation requests will be<br />
honored after July 1, 2012, 11:59 pm (Eastern).<br />
� Pre-Registration cancellations and refunds will be processed during GEN CON Customer Service hours.<br />
� Refund requests received prior to the end of Pre-Registration will be issued a refund and credited back to the original<br />
credit card or system credit used for purchase, less any administrative fees.<br />
� Refund requests received July 1 will receive a system credit. (System credit can be used to purchase badges or tickets<br />
for any future <strong>Gen</strong> <strong>Con</strong> Indy. It is non-transferrable, non-refundable and does not expire.)<br />
� If the items needing to be refunded have already been mailed, we will require the items be returned to our Seattle<br />
office immediately before your refund will be processed.<br />
� All badge refunds are subject to a $10 administrative fee. All event and generic ticket refunds are subject to a 5%<br />
administrative fee for the total sum of tickets refunded. There are no exceptions.<br />
� All refund requests must be made by the purchaser via mail or email (see <strong>Con</strong>tact Info below).<br />
� Refund requests must include the first and last name of the attendee, GEN CON Account number and email address<br />
associated with the account. Badge types and Game IDs, along with a description of the items to be refunded is greatly<br />
appreciated (i.e. a 4-Day badge and 8 generic tickets, or 3 Saturday badges and 3 True Dungeon tickets, Game<br />
ID#________).<br />
� Only event tickets can be refunded onsite. Badges are non-refundable and non-transferrable.<br />
� Event ticket refunds will be managed at the Customer Service kiosk and will only be refunded to the person whose<br />
name is on the ticket or to the original purchaser.<br />
� A valid government issued photo ID and a <strong>Con</strong>vention badge are required to process any type of ticket refund onsite.<br />
� Event specific ticket refunds must be requested up to 30 minutes prior to the start of the event. Refund requests<br />
received after that time will not be honored.<br />
� All event specific ticket refunds are subject to a 5% administrative fee for the total sum of tickets refunded. There are<br />
no exceptions. Refunds will be made back to the original form of payment.<br />
� <strong>Gen</strong>eric tickets will only be refunded as a system credit. There is no cash refund on generic tickets. There are no<br />
exceptions. (System credit can be used to purchase badges or tickets for any future <strong>Gen</strong> <strong>Con</strong> Indy. It is nontransferrable,<br />
non-refundable and does not expire.)<br />
� The last day to receive a generic ticket or event specific ticket refund is Sunday, August 19, no later than 4:30 pm, at<br />
the Customer Service kiosks.<br />
EXCHANGES OR UPGRADES<br />
� If you want to exchange your 1-Day badge for a 4-Day badge or your 4-Day badge for a 1-Day badge before the end of<br />
Pre-Registration, you must first contact Customer Service (see <strong>Con</strong>tact Info below) to refund your current badge. Then<br />
you can purchase the new badge online. Event tickets for non-applicable days will need to be refunded.<br />
Terms of Service and Waiver – Indy 2012
Terms of Service<br />
� Pre-Registration event ticket exchanges require the Attendee’s Name and Login (or email address), GEN CON Account<br />
number and the Game ID of the event you wish to change. A system credit will be issued to your account for the event<br />
being exchanged. Once the credit has been applied, you will receive a confirmation email letting you know you can<br />
register for a new event. (Please note: RUBI is still being developed, so these procedures are subject to change.)<br />
� Onsite, a 1-day badge can be upgraded to a 4-day badge only if the 1-day badge is current. In order to exchange a<br />
current 1-day badge for a different 1-day badge onsite, you must do so a minimum of one day before your badge is<br />
valid.<br />
� For onsite event ticket exchanges, please present the ticket for the event you would like to exchange and provide the<br />
Game ID for the event you wish to replace. Event ticket exchanges must take place up to 30 minutes prior to the start of<br />
the event.<br />
� A valid government issued photo ID and a <strong>Con</strong>vention badge are required to process any type of badge or ticket<br />
exchange onsite.<br />
EVENT CANCELLATIONS<br />
If an event has been cancelled, please see the area Hall Captain for further instructions. No event ticket refunds will be<br />
given for cancelled events without a stamp or signature from the Hall Captain. Whereas cancelled event tickets with proper<br />
Hall Captain signature qualify for refund, <strong>Con</strong>vention badges will NOT be refunded or credited due to event cancellations.<br />
LOST BADGES & EVENT TICKETS<br />
We cannot replace lost, stolen or forgotten badges and/or event tickets. Please be responsible with your convention<br />
materials. If you choose to have your badge or event tickets shipped to you and do not elect to have your parcel tracked,<br />
GEN CON will not provide refunds, credit or replacements for any lost items. GEN CON will not refund, credit or replace<br />
badges or event tickets if courier tracking indicates the badge or ticket was received at your premises. Lost, stolen or<br />
forgotten items must be repurchased at full cost. It is recommended you check with the GEN CON Show Office to see if your<br />
materials have been turned in to Lost & Found. GEN CON assumes no responsibility for lost, stolen or forgotten materials.<br />
WAIVER/ASSUMPTION OF RISK/RELEASE OF LIABILITY<br />
You agree to assume all risks of participating in the <strong>Con</strong>vention and release GEN CON from any liability for loss, damage<br />
or injury (including disability or death) to your person and property while attending, participating in or becoming<br />
involved with the <strong>Con</strong>vention. You specifically make the following representations and assurances to GEN CON,<br />
acknowledging that GEN CON would not permit your participation in the <strong>Con</strong>vention without receiving such<br />
representations and assurances:<br />
I wish to participate in a GEN CON <strong>Con</strong>vention subject to the terms and conditions herein. I<br />
acknowledge and agree that the <strong>Con</strong>vention involves some inherently dangerous activities. GEN CON<br />
will use good faith efforts to conduct and manage the <strong>Con</strong>vention, but I understand that it is not<br />
possible to make the <strong>Con</strong>vention completely safe. I warrant and represent that I am sufficiently<br />
knowledgeable, skilled and/or informed regarding the <strong>Con</strong>vention to properly and fully judge the<br />
inherent risks of the <strong>Con</strong>vention.<br />
ASSUMPTION OF RISK. I acknowledge and agree that the <strong>Con</strong>vention involves potential risks of serious<br />
personal injury, disability or even death. I represent that I have sufficient physical fitness to participate<br />
in the <strong>Con</strong>vention and I have no medical reason or impairment that might otherwise prevent me from<br />
participating in the <strong>Con</strong>vention. If I know or should know of any condition or problem that might<br />
prevent me from safely participating in the <strong>Con</strong>vention, I agree that I will immediately advise GEN CON<br />
and remove myself from the <strong>Con</strong>vention.<br />
In consideration of being allowed to attend, participate in or become involved with the <strong>Con</strong>vention, I<br />
hereby assume full responsibility for my own safety and accept all known and unanticipated risks of<br />
loss, damage and injury (including death or disability) to myself and my property while attending,<br />
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participating in or becoming involved with the <strong>Con</strong>vention, regardless of whether or not such risks are<br />
attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I<br />
completely absolve, waive, discharge and release GEN CON and all its employees, advisors, consultants,<br />
members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with GEN<br />
CON and all facility staff, guests, fellow participants, landlords, owners, management companies and<br />
the like (collectively the “Indemnified Parties”) from any legal duty for my safety or any liability for my<br />
harm, to the maximum extent permitted by law.<br />
RELEASE OF LIABILITY. In consideration of being allowed to attend, participate in or become involved<br />
with the <strong>Con</strong>vention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify<br />
the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or<br />
possible causes of action (“Claims”) that may accrue or arise from any loss, damage or injury (including<br />
death or disability) to my person and property that is in any way related to or arising in connection with<br />
my attendance at, participation in or involvement with the <strong>Con</strong>vention, regardless of whether or not<br />
such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified<br />
Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and<br />
injury (including death or disability) to my person and property arising out of or in any way connected<br />
to the <strong>Con</strong>vention, however caused and on any theory of liability whatsoever (whether in contract, tort,<br />
negligence, strict liability or otherwise), including but not limited to the Indemnified Parties’ own<br />
negligence. Such defense and indemnification shall include all reasonable costs, expenses and<br />
attorneys’ fees that may be associated with any Claims. I further agree that I will not cause, encourage,<br />
promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to<br />
be brought against the Indemnified Parties.<br />
I understand that the above release and assumption of risk is intended to provide a comprehensive<br />
release of liability but is not intended to assert any defenses that are prohibited by law. The release and<br />
assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the<br />
release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full<br />
force and effect. The terms of the above release and assumption of risk shall apply to and be binding on<br />
myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and<br />
assigns.<br />
GENERAL PROVISIONS<br />
I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended<br />
to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The<br />
invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other<br />
provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United<br />
States District Court for the Western District of Washington or the Superior Court of Washington State for King County any<br />
actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any<br />
objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby<br />
irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or<br />
otherwise) arising out of or otherwise relating to this Agreement.<br />
EXPLOITATION OF NAME AND LIKENESS<br />
In consideration of being allowed to participate in this <strong>Con</strong>vention, I hereby agree that GEN CON may photograph and/or<br />
record my likeness and/or voice and my participation in the <strong>Con</strong>vention and without any additional consideration, I hereby<br />
agree that GEN CON and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and<br />
promote my name, biographical material, likeness, voice and performance in and in connection with the <strong>Con</strong>vention or<br />
other GEN CON events. I further agree that GEN CON may edit my appearance therein and I waive any personal or<br />
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Terms of Service<br />
proprietary rights with respect thereto. I represent and warrant to GEN CON that I have not made any contract or<br />
commitment in conflict with this grant of rights to GEN CON. Nothing herein contained shall obligate GEN CON to make or<br />
cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to GEN CON<br />
herein.<br />
CONTACT INFO<br />
If you have any inquiries regarding our Refund, Exchange or Cancellation Policies, please call our office at 800-529-3976<br />
x3806 or email us at customerservice(at)gencon.com. Customer Service hours are 9:30 am – 5:00 pm (Pacific), 12:30 pm –<br />
8:00 pm (Eastern). During the convention, all inquiries can be made at the Customer Service kiosk onsite.<br />
I HAVE CAREFULLY READ THIS TERMS OF SERVICE AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND HEREBY ACCEPT<br />
AND AGREE TO IT VOLUNTARILY OF MY OWN FREE WILL. I AFFIRM THAT EITHER I AM OVER 18 YEARS OF AGE AND HAVE<br />
FULL RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS TERMS OF SERVICE AGREEMENT AND TO MAKE THE<br />
RELEASE AND ASSUMPTION OF RISK DESCRIBED HEREIN, OR THAT MY PARENT OR LEGAL GUARDIAN HAS READ AND<br />
SIGNED THIS TERMS OF SERVICE AGREEMENT.<br />
□ I accept the Terms of Service and Waiver. (electronically signed and dated)<br />
IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT OR LEGAL GUARDIAN MUST ALSO SIGN<br />
The undersigned hereby represents that he/she is in fact the parent or legal guardian of the participant, that he/she has<br />
the right, authority and capacity to sign this Terms of Service Agreement and to make the release and assumption of risk<br />
described herein for and on behalf of the participant, that he/she has carefully read this Terms of Service Agreement and<br />
understood its contents, and that he/she is hereby accepting and agreeing to it voluntarily of his/her own free will.<br />
□ I am 18 years old or older. (electronically signed and dated)<br />
□ I am the parent or legal guardian of the <strong>Con</strong>vention participant, and I accept the full Terms of Service and Waiver on<br />
his/her behalf. (electronically signed and dated)<br />
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