EVENT CREDENTIAL USE CONDITIONS (“CREDENTIAL USE CONDITIONS”)

 

Do not copy, post or otherwise distribute any photograph, image, video or other depiction or description of this credential on any social networking/media site, any other website or in any other media whatsoever now or hereafter existing.

 

Taking or recording photographs and videos is strictly PROHIBITED in areas of any Facility for which the credential is required for access, except as authorized by the Media Credential Use Conditions in Part II below or as otherwise expressly authorized.

 

I. General Credential Use Conditions

 

Purpose.  EVENT CREDENTIALS (A “CREDENTIAL” OR “CREDENTIAL CARD”) ARE NON-TRANSFERABLE. IMMEDIATELY REPORT ANY LOST OR STOLEN CREDENTIALS TO EVENT VENUE SECURITY. LOST OR STOLEN CREDENTIALS MAY BE REPLACED AT THE DISCRETION OF SANTANGELO.

 

The credential card provides privileged and revocable access to an organization (the “Accredited Organization”) for the sole purpose of authorizing, under certain terms and conditions, access to Paycor Stadium, facility and/or other areas (each, a “Facility” and together the “Facilities”) for an individual (the “Bearer”) who is working for, or on behalf of, the Accredited Organization, or who is otherwise accessing a Facility on behalf of an Accredited Organization, and has a legitimate working or other function at the event(s) for which this credential card is issued and/or authorized to be used (the “Event”).  This credential card may not be transferred or assigned by the Bearer or the Accredited Organization.  The Bearer may use the credential card only and directly for or on behalf of the Accredited Organization for the purposes of performing the Bearer’s assigned duties or function as permitted by these Credential Use Conditions. 

The Stadium Entities, at its or their sole discretion, as applicable, may revoke any Accredited Organization’s or individual Bearer’s credentials at any time.  For purposes of these Credential Use Conditions: “Stadium Entities” (or “Stadium Entity” individually) means Santangelo Productions, LLC (“Santangelo”), Ohio Valley Entertainment LLC, Paul Brown Stadium Ltd., each of its affiliates and each of their agents and employees.  The Stadium Entities are intended third-party beneficiaries of the Credential Use Conditions with full rights to enforce such terms. 

Agreement and Compliance with Policies. By accepting this credential, the Bearer and the Accredited Organization acknowledge having read and agree to be bound by these Credential Use Conditions and all other policies, regulations and rules issued for the Event and the Facilities, including without limitation any policies addressing security, health and safety, and personal belongings (including bags).  A Bearer who is a member of the media that is covering the Event, including without limitation broadcast media, local television stations, news organizations, videographers, and photographers, (a “Media Bearer”), and the Accredited Organization on whose behalf such Media Bearer is present (“Accredited Media Organization”) are also subject to the Media Credential Use Conditions set forth in Section II below.  

 

Any unauthorized use of the credential card subjects the Bearer to ejection and possible prosecution and subjects the Accredited Organization to revocation of credentials for future Events or other events at the Facilities and/or termination of any agreement between such Accredited Organization and any Stadium Entity, as applicable. 

Bearer, along with Bearer’s belongings, may be searched or assessed prior to or upon entry into the Facilities.  Prohibited items may be confiscated.  By accepting this credential, Bearer consents to such searches and waives any claim Bearer may have against the Stadium Entities, its agents or its contractors, and the owners or operators of the Facilities and their respective agents and contractors, in connection therewith. If Bearer declines to consent to such searches, it is agreed and understood that Bearer will be denied access to the Facilities.

If Bearer is deemed disorderly, or fails to comply with these Credential Use Conditions or any or all security measures, health assessments or policies, or if a Stadium Entity, in its sole discretion, determines Bearer’s presence in the Facilities poses a risk to the health and safety of other attendees, such Bearer’s credential will be revoked and Bearer will be subject to ejection from the Facility and, if applicable, possible criminal prosecution, and Bearer’s Accredited Organization will be subject to revocation of credentials for future Events or other events at the Facilities and/or termination of any agreement between such Accredited Organization and the applicable Stadium Entity. 

If admission is refused or withdrawn, Bearer is ejected, or a credential card is revoked, or if the Event is canceled (regardless of whether it is rescheduled), or access to the Event modified, the Bearer and/or Accredited Organization will not be entitled to consequential, incidental, indirect, exemplary, or special damages of any kind. 

Assumption of Risk and Waiver.  THE ACCREDITED ORGANIZATION AND THE BEARER UNDERSTAND THAT BEARER’S PRESENCE IN THE STADIUM OR FACILITY INVOLVES CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH). IN CONSIDERATION OF OBTAINING A CREDENTIAL CARD AND BEING PERMITTED TO ENTER (OR RE-ENTER) AND REMAIN AT ANY FACILITY FOR THE EVENT, INCLUDING ALL SURROUNDING PARKING AREAS, PEDESTRIAN PLAZAS AND ENTRYWAYS, AND, IF APPLICABLE, ANY RESTRICTED AREA (SUCH AS THE STAGE, BACK OF HOUSE, AND OTHER AREAS TO WHICH ADMISSION BY THE GENERAL PUBLIC IS PROHIBITED) THE ACCREDITED ORGANIZATION AND THE BEARER KNOWINGLY AND VOLUNTARILY (i) ASSUME ALL RISKS, HAZARDS, AND DANGERS incident to the Event and related events, including, without limitation, the risk of personal injury (including, without limitation, death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused; (ii) agree that the Stadium Entities have no responsibility for any equipment in use in the stadium or other Facility; (iii) agree that the Bearer and the Accredited Organization (if not a Stadium Entity) are not acting for the Stadium Entities in any manner whatsoever and are not employees or agents of a Stadium Entity; (iv) agree, on behalf of themselves and their heirs, assigns, executors, administrators, next of kin and other persons purporting to act on their behalf, to knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to) any and all claims and potential claims, suits, causes of action and claims for damages, whether past, present or future, and whether known or unknown, including, but not limited to, claims arising out of or in connection with their death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which they or any of their Related Persons may now have or that hereafter accrue against any of the Released Parties as a result of or that relate in any way to their obtaining a credential card, their presence and/or their provision of services at the Facilities,  the above risks, hazards and dangers, or resulting from anything which has happened up to now, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise, provided that nothing in the release set forth herein shall be construed as a release of any claims for workers’ compensation that Bearer may have against their employer or the Accredited Organization on whose behalf they are performing services as an employee or contractor; and (v) agree to indemnify and hold harmless the Stadium Entities, their agents, and their contractors, and the owners or operators of the Facilities and their respective agents and contractors, from and against all liability, loss, damage or expense resulting from or arising out of the issuance of the credential card or the Bearer’s presence in the Facility or Facilities, except to the extent such liability, loss, damage or expense arises out of the willful or intentional misconduct of the Stadium Entities or any of the above listed persons or entities.  To the extent applicable, Bearer knowingly and voluntarily waives the provisions of Section 1542 of the California Civil Code as against each Released Party regarding claims released hereby and acknowledges and agrees that this waiver is an essential and material part of these Credential Use Conditions.  Bearer further acknowledges the significance and consequence of the release and the specific waiver of Section 1542 of the California Civil Code.”

For the purposes of the above release, the “Released Parties” are: (i) the Stadium Entities and all of their respective affiliates, administrators, designees, licensees, sponsors, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) the owners, lessees, and sublessees of the Facilities; (iii) contractors and other vendors performing services at the Facilities; (iv) other third parties present at or from time to time brought to the Facilities (including, without limitation, medical personnel); and (v) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.

 

Unauthorized Distribution of Content, IP License and Consent. Bearer and Accredited Organization agree to not copy, post or otherwise distribute any photograph, image, video or other depiction or description of this credential, or, except for Media Bearers and Accredited Media Organizations solely in accordance with the Media Credential Use Conditions set forth in Section II below, any part of the Event or related events (the “Works”), on any social networking/media site, any other website or in any other media whatsoever now or hereafter existing. Unauthorized transmission of any accounts or descriptions of the Event and any distribution thereof by, to, or for any commercial enterprise, and/or any public performance or display thereof, direct or indirect, are also strictly prohibited. Bearer agrees that by causing this credential to be scanned upon entry to the Facility, or by otherwise signing, agreeing to, and/or submitting any application or other document required as a condition to issuing or receiving this credential, Bearer shall be understood to have signed this document and granted Santangelo an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works.

 

Bearer and Accredited Organization understand that while attending the Event, Bearer’s image, voice and/or likeness may be captured, including through the use of CCTV and other cameras.  Bearer hereby grants the Stadium Entities and their respective sponsors, licensees, advertisers, broadcasters, designees, partners, vendors and agents the irrevocable right to capture, use, process, publish, distribute and/or modify Bearer’s voice, image or likeness in any media now known or hereafter existing in connection with any part of the Event or related events for any purpose whatsoever, including, without limitation, the commercial purposes of the Stadium Entities and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents. Such use includes, without limitation, display on a stadium’s video board, with or without use of magnification and/or filters superimposed on Bearer’s image. Bearer and Accredited Organization agree that Bearer data may be collected, used, and/or disclosed in connection with Bearer's use of the credential, attendance at the Event, and use of the websites, mobile applications, and other online or offline services of Santangelo at the Facility where the Event is located, including without limitation through use of the Facility's Wi-Fi network. By using such online or offline services, Bearer acknowledges that they have read and understood the terms of each applicable privacy policy, which may include without limitation, the Santangelo Productions Privacy Policy and the Cincinnati Bengal’s Privacy Policy, available at www.bengals.com/team/privacypolicy. Please also note that broadcasters and other third parties that are unconnected to the Stadium Entities may be independently filming or photographing you when you attend the Event. Although only a small group of entities (such as certain broadcasters) are given permission to film or photograph the Event, these entities are separate data controllers in respect of your personal information, and the Stadium Entities are not responsible for how those parties use your personal information and for what purposes.

 

While at the Event for which a credential card is issued, the Accredited Organization and the Bearer are prohibited from providing exposure to any third-party brand(s) (e.g., marks, logos) for commercial, marketing or publicity purposes including, for example, through exposure of third-party brands on apparel, accessories or equipment worn or used by the Bearer.

 

Disputes.  THE ACCREDITED ORGANIZATION AND THE BEARER AGREE THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED OR INCIDENTAL TO THE CREDENTIAL CARD, THE CREDENTIAL USE CONDITIONS OR BEARER’S PRESENCE AT, TRAVEL TO, OR PROVISION OF SERVICES AT, THE EVENT, AND ANY ACTIVITY ASSOCIATED THEREWITH, SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN THE CITY WHERE THE FACILITY AT WHICH THE EVENT IS LOCATED.  THE ACCREDITED ORGANIZATION AND THE BEARER ALSO AGREE THAT ALL SUCH DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE ACCREDITED ORGANIZATION OR THE BEARER DOES NOT CONSENT TO THIS CLAUSE, THE BEARER MUST LEAVE OR NOT ENTER THE FACILITY. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

Governing Law.  The Accredited Organization and the Bearer agree that these Credential Use Conditions shall be governed by the laws of the state where the Facility at which the Event is located, without regard to choice of law principles.

Severability Clause.  If any provision of these Credential Use Conditions (including the Media Credential Use Conditions below) is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the Credential Use Conditions did not contain the invalid, illegal, or unenforceable provision.

II. Media Credential Use Conditions
(Applicable Solely to Members of the Media)

 

Agreement by Media Members to Additional Terms.  Acceptance by any Media Bearer of credentialed access to the Event also constitutes agreement by the Accredited Media Organization on whose behalf such Media Bearer is present to be bound by the General Credential Use Conditions above and these Media Credential Use Conditions (the “Media Credential Use Conditions”).

Permitted and Prohibited Media Uses.  The credential card authorizes (i) the use by the Accredited Media Organization, solely for news and editorial coverage purposes in accordance with the terms hereof, of descriptions, accounts, film, video or digital still images from the Event, or of artist interviews, press conferences or other activities related to the Event (collectively, “Event Material”) taken, recorded, made, created, or compiled by the Accredited Media Organization or the Media Bearer, and (ii) the limited use by the Accredited Media Organization of Santangelo logos or trademarks (the “Marks”) in connection with the uses of the Event Material authorized herein.  (For clarity, the foregoing authorized uses include an Accredited Media Organization’s licensing and distribution of Event Materials to third parties for news and editorial coverage purposes, provided (i) the Accredited Media Organization is an established news wire or photo-licensing service, (ii) such licensing or distribution is undertaken in the Accredited Media Organization’s ordinary course of business, and (iii) the Accredited Media Organization contractually requires that such third parties use such Event Materials solely for news and editorial coverage.) 

Any other use or attempted use by the Media Bearer or the Accredited Media Organization of Event Material or Marks or other third party or other Stadium Entity marks is expressly prohibited, unless the Accredited Media Organization has obtained the advance written permission of the applicable Stadium Entity. Such prohibited uses of Event Material include, without limitation, the following: (x) any distribution or licensing of Event Material to third parties other than ultimate consumers (e.g., newspaper readers) for such third party’s use (whether before or after the conclusion of the Event, and whether or not for editorial purposes), (y) any purported authorization by an Accredited Media Organization of any third party to redistribute Event Material and (z) any non-editorial use of Event Material or Marks, including in connection with or as part of commercial products or services distributed in any medium (e.g., apparel, posters, commemorative programs, other types of souvenir or other merchandise, or sponsored content). 

The Accredited Media Organization may supplement its traditional media distribution platform (e.g., newspaper, television, radio) with other news media distribution platforms that it controls (e.g., websites, official social media accounts, applications, podcasts), provided that, with respect to such new media distribution platforms:  (i) any use of film or video or digital still images is limited to a reasonable amount or number (as applicable), and used only to illustrate or support news and editorial coverage of the Event (as opposed to use in connection with or on commercial products (e.g., apparel, posters, commemorative programs, or other types of souvenir or other merchandise, or sponsored content)); (ii) any use of film or video or digital still images is not used to create Simulated Video (as defined below) of concert action; (iii) no video of concert action is used (except that, if the Accredited Media Organization is a television broadcaster, Event highlights may be shown as part of a single, non-archived, online “simulcast” of any regularly scheduled television news programming the Accredited Media Organization may broadcast); and (iv) no non-event audio and video content obtained as a result of credential card access is used.

Any proposed use of Event Material that is more detailed and/or immediate than that described herein or which exceeds the limits set forth herein, and any exceptions to the prohibitions set forth herein, is prohibited. 

Event audio content (“Audio Highlights”) is subject to the following limitations:  (a) Audio Highlights may only be used by Accredited Media Organization, and solely as part of a regularly scheduled news program that regularly includes segments on news, events, and weather; and (b) in no case may Audio Highlights be used in connection with or associated with any third party (e.g., a sponsor).

The Accredited Media Organization shall use reasonable efforts to (i) prevent the unauthorized and/or infringing use of Event Material by third parties and (ii) promptly take action against any such unauthorized and/or infringing use that is brought to the Accredited Media Organization’s attention.

No Video of Event Content; No Streaming.  The credential card does not authorize the Media Bearer to create or use or transmit video, or to animate, sequence, loop or otherwise manipulate film or digital still images to appear to be video (“Simulated Video”) of Event content (including Event action and any ancillary event activities).  Streaming of any Event Materials while the Event is occurring—in any form, medium, or duration—is prohibited under the terms of these Media Credential Use Conditions.