Additional Terms of Service for Press and Media Participants (the “Press and Media Terms”)
Last updated: 17 May 2023
In order to ensure quality press and media coverage from the Event, these Press and Media Terms are made in addition to the Event Policies and the “Terms of Service” for the Event, each of which are made available on the official Event website and may be updated from time to time by Management. All capitalized terms not defined herein shall have the meanings ascribed to them in the Terms of Service.
Media Credentials are not guaranteed to anyone. Management may issue or withhold Media Credentials at its sole discretion and reserves the right to refuse Media Credentials to anyone at any time and for any purpose. Media Credentials shall only be issued to individuals attending the Event on assignment from a publication, station, network or online service which is approved by Management (each, a “Media Outlet”) or to other individuals working in the media who are approved by Management. All such approvals shall be made or denied by Management in its sole discretion.
At any time, in its sole reasonable discretion, and except as otherwise prohibited by applicable law, Management may request that any Participant provide documentation to verify their affiliation with a given Media Outlet or to verify their standing in the media. Additional required qualifying documentation for receipt of Media Credentials may also be specified on the official Event website. Management reserves the right to deny entry, ban, or remove any Participant from further Participation in the Event if such Participant fails to provide the requested Media Credentials documentation or if such documentation is deemed insufficient by Management in its sole and absolute discretion. All determinations by Management regarding Media Credentials shall be final.
Media Credentials do not provide Participant with early access, special access, or guaranteed admission to any given Event Feature. Media Credentials allow a Participant to Participate in the Event during the official public Event hours only, unless otherwise approved in advance in writing by Management.
Media Credentials are non-transferable and cannot be reproduced or resold. Media Credentials are immediately rendered void if altered in any way. Any unauthorized resale of Media Credentials, any attempted unauthorized resale of Media Credentials, any unauthorized assignment of Media Credentials, any creation of counterfeit Media Credentials, or any unauthorized transfer of any Media Credentials to a third party are strictly prohibited and constitute an immediate forfeiture of Participant’s Media Credentials.
All media rights to the Event are explicitly reserved and retained by Management; provided however that Management may grant to Producer (as defined below) a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license, without representation or warranties of any kind, to make audio, video, and/or audiovisual recordings at Management’s Event, solely for the portion of the Event indicated in Producer’s request to film (collectively, the “Grant of Rights”) and solely for the use indicated in Producer’s request to film (the “Production”). Any live broadcasts or livestreaming from the Event must be approved in advance in writing by Management. All photographs or film/video footage of the Event may be used only for the editorial purposes of the Media Outlet to which the Media Credentials were assigned. Reporting from or about the Event shall not purport to be exclusive or official coverage, sponsored or endorsed by a third party, or inserted into any commercial announcement.
No photographs and/or film/video footage of the Event may be sold to third parties without Management’s prior written consent. No Participants with Media Credentials may photograph and/or record an exhibitor’s booth at the Event without the express consent of that exhibitor. All exhibitors retain the right to refuse photography of their booths. Participants with Media Credentials may not block the flow of traffic in or around the Event at any time.
To the extent a Media Outlet intends to record on-site at the Event, the following additional on-site filming terms (the “Filming Terms”) will apply in connection to all portions of the Event which are requested to be filmed. The following Filming Terms must be accepted by a Participant completing this press and media registration on behalf of their Media Outlet (such individual, the “Producer”), and that Producer hereby represents and warrants that they are authorized to accept, the following Filming Terms:
1. All audio, photo, and video footage or recordings captured by the Producer in connection with the Grant of Rights shall be considered the “Recordings”. Producer shall be solely responsible for the creation of the Recordings and for paying any associated expenses, including, but not limited to, obtaining badges or registrations to the Event, equipment costs, personnel costs, all travel and accommodation costs, and any third-party fees.
2. Producer represents and warrants that Producer is solely responsible for (i) obtaining all authorizations, consents and/or releases from individuals and/or third parties appearing in the Recordings, including, but not limited to, consents from individuals and approvals for any third party trademarks or logos appearing therein, and is solely responsible for paying any related costs or expenses; and (ii) obtaining all required authorizations, consents and/or releases which may be additionally required by the Venue. Producer further represents and warrants that its use of the Recordings, including the Production, will not be derogatory to or critical of Management; any Management Properties; their image, reputation, or goodwill; or any officer, director, agent, employee, affiliate, parent or subsidiary of Management.
3. Producer hereby releases, indemnifies and holds harmless Management, its parent, subsidiary and affiliated corporations, and each of their respective officers, directors, shareholders, agents, employees, representatives and associates, from any and all actual or alleged claims, liabilities, losses, suits, damages, judgments, proceedings, fees, expenses, costs (including, without limitation, reasonable legal fees) and charges of every kind arising out of, or resulting from (i) the Production or Producer’s use or distribution of the Recordings; (ii) Producer’s breach of any representation, warranty or obligation contained in this Agreement; (iii) Producer’s fraud, negligence, or willful misconduct; or (iv) any death, injury or damage to any person or property alleged to have been caused by Producer.
4. Beyond the limited Grant of Rights, Producer shall have no additional rights in or to any Management Properties. The “Management Properties” are collectively defined as each of Management’s exhibitions or events, websites, virtual offerings, social media accounts, managed digital distribution platforms, and all interests, goodwill and assets related thereto. Producer acknowledges that its use of the Recordings will not affect Management’s rights in connection with any of the Management Properties. Further, Producer shall not use the names, trademarks, trade names, service marks or logos of Management, any of its related companies, or of any Management Properties (collectively, the “Management Marks”) for any purposes without Management’s prior written approval; provided that, unless Management notifies Producer otherwise, Producer may include within the Production any Management Marks which were naturally captured on camera at the Event and depicted in the Recordings.
5. Producer shall not unreasonably interfere with the Event and shall create the Recordings in a manner which does not annoy, endanger, or interfere with the rights of any other attendee, exhibitor, staff member, crew member, or other individuals on-site at the Event (collectively, the “Other Event Participants”). Management may, in its sole discretion, prohibit any action by Producer which interferes with the rights of Other Event Participants or which exposes Other Event Participants to annoyance or danger.
6. Producer shall not reproduce or distribute the Recordings, in whole or in part, except as explicitly in accordance with the Grant of Rights and the Terms. Producer shall not use the Recordings, in whole or in part, for any advertising or promotional purposes without Management’s prior written approval.
7. If requested by Management, Producer shall provide Management with reasonable attribution, such as an on-screen courtesy credit.
8. The Grants of Rights herein may not be transferred by Producer without the advance written permission of Management. All rights not specifically granted herein are reserved to Management. If any provision of this Agreement is judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of this Agreement shall be unaffected and shall remain enforceable. The failure of Management to require strict compliance with any term of this Agreement shall not be deemed to be a waiver of that or any other term of this Agreement. This Agreement shall be governed by the laws of the State of New York and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. Each party hereby submits themselves to the jurisdiction and venue of any appropriate court in the borough of Manhattan and State of New York to resolve any and all disputes hereunder.
Management expressly reserves its rights to deny admission or entry, to remove, ban, or eject a Participant, or to revoke or terminate any Participant’s Media Credentials or access to any part of the Event, without liability, as a result of failure to comply with these Press and Media Terms of Service in Management’s sole and absolute discretion. In additional, Management may prohibit any such Participant from future events or exhibitions operated by Management. Upon Management’s reasonable, good faith determination that a Producer is in breach of these Terms, Management may immediately revoke the Grant of Rights. Upon such revocation, Producer will immediately cease all use or distribution of the Recordings. If the Event is continuing, Producer may also be asked to leave. Any such determination by Management shall be final.