The Food Network & Cooking Channel New York City Wine & Food Festival presented by Capital One (“Festival”) is hosted by Food Bank For New York City (“FBFNYC”) and God’s Love We Deliver, Inc. (“GLWD,” and, collectively with FBFNYC, “Festival Organizers,” “we,” “us,” or “our”). This ticket is a revocable license. By purchasing this ticket, registering for, or entering or participating (virtually or in-person) in the event for which this ticket is issued (“Event”), the holder of this ticket (“Holder” or “you”) agrees to be bound by all of the terms hereof.
ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; RESALE
All events, prices, personalities, performances, venues, dates and times are subject to change without notice. All sales are final. This ticket will not be replaced, refunded or exchanged for any reason whatsoever, except that, subject to the next sentence, if the Event is canceled and neither rescheduled nor modified to adapt to evolving circumstances, Holder will be provided a refund in the amount of the face value of this ticket. Notwithstanding anything to the contrary herein, Festival Organizers shall have no responsibility, financial or otherwise, and hereby disclaim all such responsibility, for Event cancellation, delay, or interruption due to inclement weather or other acts beyond their reasonable control. This ticket may not be resold, except as authorized under Article 25 of New York’s Arts and Cultural Affairs Law and in compliance with all applicable laws. To gain admission to the Event, each individual must present a ticket and a valid photo ID (as described below). Festival Organizers reserve the right to refuse Event admission to any individual, or eject any individual from the Event, and to revoke this ticket at any time.
RIGHTS TO RECORD AND USE YOUR NAME, IMAGE, LIKENESS AND VOICE
Holder hereby authorizes Festival Organizers, the Event venue, Southern Glazer’s Wine and Spirits, LLC, and each of their respective officers, directors, owners, affiliates, successors, assigns, employees, consultants, volunteers, service providers and agents (collectively, including Festival Organizers, the “Releasees”) to photograph, record, videotape, webcast and/or podcast (“Record”) the Event (whether virtual or in-person) and the Festival and Holder’s participation therein (the outputs thereof, the “Recordings”). Holder agrees that Holder’s name, image, likeness, voice, statements and other identifying characteristics (collectively, “Image”) may be Recorded and consents to the Releasees’ use of Holder’s Image in connection with the use of the Recordings (as described below), without compensation or royalties to Holder, or further permission by Holder. Holder hereby waives any right Holder may have to inspect and/or approve the use of the Recordings, in their original form or as modified, and agrees that the Releasees are not obligated to make any use of Holder’s Image or exercise any of the rights granted to it. Holder understands that Holder’s Image may appear in Recordings made available to Holder, other Festival/Event attendees, and/or the public, and that third parties may retain and distribute the Recordings. Holder agrees that the Festival Organizers exclusively own all rights in and to the Recordings, and Holder hereby assigns, transfers and otherwise conveys to the Festival Organizers, irrevocably and in perpetuity, all rights, title and interest Holder may have in and to the Recordings. Accordingly, and without limiting the generality of the foregoing, Holder acknowledges and understands that the Releasees may use, reproduce, distribute, edit, modify, publish, print, prepare derivative works of, digitize, translate, display, perform and otherwise exploit the Recordings and Holder’s Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any lawful purpose, including, without limitation, commercial or promotional purposes, and/or in connection with the respective missions of Festival Organizers generally. Holder further acknowledges and understands that the Festival Organizers own any and all results and proceeds derived from the use of the Recordings and Holder’s Image therein, and that no portion of such proceeds will be shared with Holder. Holder hereby releases and discharges the Releasees from, and irrevocably waives, and agrees not to assert or maintain against the Releasees, any claim, action, suit or demand of any kind or nature, including, but not limited to, those grounded upon misuse, physical or emotional injury or distress, losses, damages, liabilities, expenses, infringement of intellectual property rights, invasion of privacy, right to publicity, defamation, libel or slander arising out of or in connection with the Recordings and/or Holder’s Image or the exercise of the rights granted herein. Holder represents and warrants that Holder possesses all of the necessary rights (and has obtained any required permissions) in order to grant all rights granted hereunder and that there is no third-party obligation that interferes with or prevents Holder from granting the rights specified herein.
INFORMATION COLLECTION; EMAIL COMMUNICATIONS
The Holder agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling) any media now or hereafter existing, or any description, account, picture, video, audio recording or other form of reproduction of the Event or any portion thereof, any Event information, Event guest(s) or attendee(s), or any surrounding activities (in whole or in part).
This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express prior written consent of Festival Organizers.
If you have a disability and need an accommodation in order to participate in the Event, please contact a Festival representative at (646) 650-2278 or firstname.lastname@example.org at least three (3) days prior to the Event. TTY users, please call 711 (New York Relay Service) or visit http://www.nyrelay.com/tty for a list of dedicated toll-free numbers for each call-type that you can utilize to connect to us via phone. We will make a good faith effort (up until the time of the Event) to provide accommodations.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE RELEASEES BE LIABLE TO YOU FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS, FINES OR EXPENSES OF ANY KIND OR NATURE (COLLECTIVELY, “LOSSES”) IN AN AMOUNT EXCEEDING THE FACE VALUE OF THIS TICKET.
ASSUMPTION OF RISKS; WAIVER AND RELEASE OF CLAIMS; COVENANT NOT TO SUE
Holder understands that the Event is an in-person event where food and alcohol will be served and consumed and where Holder will come into contact with other persons. Holder understands that Festival Organizers cannot prevent Holder from becoming exposed to, contracting, or spreading any disease or illness, including, without limitation, COVID-19, while attending the Event.
BY ATTENDING OR PARTICIPATING IN THE EVENT, HOLDER VOLUNTARILY ASSUMES ALL RISKS AND DANGERS ARISING FROM, INCIDENTAL TO, OR RELATED IN ANY WAY TO THE EVENT, INCLUDING, WITHOUT LIMITATION, THE RISK OF LOST, STOLEN OR DAMAGED PROPERTY, AND PERSONAL INJURY, ILLNESS (INCLUDING THE RISK OF CONTRACTING COVID-19 OR ANY OTHER DISEASE) AND/OR DEATH, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER THE EVENT, HOWSOEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE. IN CONSIDERATION OF THE OPPORTUNITY TO PARTICIPATE IN THE EVENT, HOLDER HEREBY EXPRESSLY RELEASES THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM OR RELATING TO, OR OTHERWISE OCCURRING AT OR IN CONNECTION WITH, THE EVENT AND/OR THE FESTIVAL. IN ADDITION, YOU WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.” HOLDER COVENANTS NEVER TO INSTITUTE, OR PARTICIPATE OR ASSIST IN, ANY ADMINISTRATIVE PROCEEDING, SUIT OR ACTION, AT LAW OR IN EQUITY, AGAINST RELEASEES IN CONNECTION WITH THE EVENT AND/OR THE FESTIVAL.
Unless this is a children’s ticket for an Event specifically designated by the Festival Organizers as a family event, Holder must be 21 years of age or older to attend the Event. Please bring a valid government-issued photo identification such as a driver’s license or passport for proof of age.
Festival Organizers strongly discourage drinking and driving, and encourage responsible consumption of food and beverages at the Festival. If you consume alcoholic beverages at the Festival, you must do so in a responsible manner. If you believe that your driving ability may be impaired or that you cannot safely or legally operate a motor vehicle, please speak with a Festival representative, who may assist you in securing transportation (at Holder’s cost) to your destination point; provided, however, that the Releasees are not obligated to assist in securing transportation. In the event that we are able to assist in securing transportation, you agree to indemnify, defend and hold harmless the Releasees from any and all claims, actions, suits, demands and Losses, known and unknown, arising out of or in connection with our assistance or your transportation. You acknowledge and agree that the Releasees are not responsible for any transportation and, to the maximum extent permitted by law, that we are not responsible for any lost, stolen or damaged property, personal injury and/or death, including the risk thereof, related to our assistance or your transportation. Due to the sheer number of Event attendees, the Releasees cannot ensure that all attendees who intend to drive are capable of driving. Holder hereby releases the Releasees, and agrees to indemnify, defend and hold harmless the Releasees from any and all claims, actions, suits, demands and Losses, known and unknown, arising out of or in connection with the consumption of alcohol at the Festival/Event.
CODE OF CONDUCT; PROHIBITED ITEMS
You must abide by any code of conduct that the Festival Organizers may provide or make available to you in connection with the Festival/Event. If badges are provided, badges must be worn and visible at all times while you are located at an Event venue and/or participating in an Event, and may not be shared or exchanged with any person or persons. You must conduct yourself courteously and respectfully to other guests of the Festival/Event, all Festival/Event staff, and members of the public. You must comply with all COVID-19 guidelines and requirements communicated by Festival representatives or otherwise in effect at the time of the Festival/Event (including, without limitation, the wearing of masks or face coverings), and you consent to questioning, temperature screening, physical searches of your person and property, and confiscation of prohibited items (as determined appropriate by us). If you are found to be in violation of the foregoing or otherwise engaged in behavior that is deemed, in Festival Organizers’ sole discretion, inappropriate, Festival representatives may take any action they deem appropriate, including refusing your entry to, or ejecting you from, the Event, and/or involving law enforcement, without warning or refund. You are solely responsible for your interactions with other Event attendees. We reserve the right, but have no obligation, to monitor disputes between you and other Event attendees. The Releasees shall have no liability for your interactions with other Event attendees, or for any Event attendee’s action or inaction.
The use of cameras or recording devices of any kind (including cell phones), smoking, and/or the carrying or using of firearms, weapons, explosives, and/or other hazardous materials or articles at the Event are strictly prohibited. Additionally, bringing alcohol, other beverages, and/or glass/metal containers onto the Event premises is strictly prohibited.
RESPONSIBILITY FOR ITEMS
You must not leave any bags or property unattended at any time (unattended property may be removed). Festival Organizers are not responsible for lost or stolen property brought to the Event. You must allow your bag and other property to be checked randomly and/or at any time.