REVOCABLE LICENSE AND CONFIDENTIALITY AGREEMENT
REVOCABLE LICENSE: This ticket (“Ticket”) is a revocable license that grants the ticket holder (“Holder”) entry into Caesar’s Entertainment Studios, 4165 Koval Lane, Las Vegas, NV 89109 (“Arena”) and a spectator seat for one performance of “BattleBots: Destructathon” (“Event”) for the date and time specified on the front of the Ticket. By use of this Ticket, Holder agrees to these terms and conditions (the “Agreement”) on behalf of Holder and any accompanying minor. We reserve the right, without refunding the face value of the Ticket and/or any applicable fees, to revoke the license, to refuse admission, or eject any person whose conduct is deemed to be disorderly, who uses abusive language, fails to comply with these terms and conditions or any security policies, or who we in our absolute discretion deem to be dangerous, disorderly, or a security risk of any kind. No refund or other remedy will be provided if the Holder is ejected or refused entry due to disorderly conduct or failure to comply with these terms and conditions or any security policies, and Holder will not be entitled to consequential, incidental, or exemplary damages of any kind.
CONSENT TO SEARCH: Holder and Holder’s belongings may be searched upon entry into the Arena and/or any other security checkpoints, and prohibited items (including but not limited to: illegal narcotics, outside alcohol, commercial filming equipment and weapons) may be confiscated. Holder must comply with all security policies including, without limitation, any applicable bag policy. By tendering this Ticket and entering the Arena, Holder consents to such searches and waives any related claims that Holder might have against BattleBots Inc. (“BattleBots”), Giant Nut Productions LLC (“Producer”), Caesars Enterprise Services, LLC, (“Caesars”), Parball Newco, LLC d/b/a Bally’s Las Vegas, (“Landlord”) and any and all Event competitors (“Competitors”), together with each of the foregoing’s respective parents, subsidiaries, affiliated companies, related companies, successors, licensees, assigns, heirs, agents, employees, directors, officers, attorneys, contractors, and/or agents (collectively, the “Released Parties”). If Holder elects not to consent to these searches or comply with these security policies, Holder will be denied entry without a refund or other remedy.
EVENT DETAILS ARE SUBJECT TO CHANGE: The date and time of this Event are all subject to change at Producer’s absolute discretion or as a result of events beyond Producer’s control. No refund or other remedy will be provided if holder is unable or chooses not to attend, however if Producer cancels or changes the date or time of the Event, Producer shall use reasonable endeavors to offer Holder a replacement ticket on an alternative date or time, or will offer a refund at the face value of the ticket to the original purchaser. Holder must be in compliance with the applicable covid requirements of the event producers at the time of the event and/or as indicated on the ticket purchasing site. If the event is cancelled and not rescheduled or holder is not in compliance with the applicable event’s Covid requirements, holder’s sole and exclusive remedy is a refund at the face value of the ticket to the original purchaser of the ticket and holder will not be entitled to consequential, incidental, or exemplary damages of any kind.
WARNING: Holder hereby acknowledges and agrees that the Event involves mechanical robots engaged in combat, and that such an activity involves inherent risks of injury to Holder including, without limitation, the danger of equipment, objects, robot parts, noxious gasses and/or smoke entering spectator areas (“Risks”). Holder acknowledges and agrees that the foregoing is not an exhaustive list of the risks, hazards, and dangers to which Holder may be exposed as a result of Holder’s attendance at the Event. Holder further acknowledges and agrees that attendance at the Event is voluntary, and hereby assumes sole responsibility for any and all risks inherent in attending the Event (including, without limitation, the Risks) whether taking place before, during, or after the Event. In consideration for being permitted to attend the Event and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Holder and Holder’s assignees, heirs, distributes, guardians, next of kin, spouse, and legal representatives (collectively, the “Releasing Parties”) expressly release, indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, actions, claims, suits, liens, judgments, demands, losses, costs, expenses, and damages including, without limitation, attorneys fees and costs (collectively, “Claims”), that may now or hereafter exist, arise, or be caused, whether negligently or otherwise, in connection with the Event and/or Holder’s attendance at the Event including, without limitation, Claims related to the Risks, property damage or destruction, bodily injury and/or personal injury. Holder accepts and assumes any and all risks, hazards, and dangers regardless of whether they are detailed in this Agreement, and Holder acknowledges that the waivers, releases, and indemnities in this Agreement and any other agreement that Holder has executed or may execute in connection with the Event, apply to all such risks, hazards, and dangers.
FOR THE AVOIDANCE OF ANY DOUBT, HOLDER UNDERSTANDS AND ACKNOWLEDGES THAT HOLDER IS NOT ONLY GIVING UP HOLDER’S RIGHT TO SUE THE RELEASED PARTIES, BUT ALSO ANY RIGHTS HOLDER’S HEIRS, ASSIGNS, OR BENEFICIARIES HAVE TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIMS THAT MAY NOW OR HEREAFTER EXIST, ARISE, OR BE CAUSED, WHETHER NEGLIGENTLY OR OTHERWISE, IN CONNECTION WITH THE EVENT AND/OR HOLDER’S ATTENDANCE AT THE EVENT INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO THE RISKS, PROPERTY DAMAGE OR DESTRUCTION, BODILY INJURY, AND/OR PERSONAL INJURY.
CONFIDENTIALITY: Holder acknowledges and agrees that Holder will come into contact with and may have access to Protected Information (defined below) pertaining to the Event. As used herein, “Protected Information” is any and all information learned by Holder in any way related to the Event including, without limitation, ideas, plots, themes, storylines, filming locations, staffing, results of any competition taking place at the Event, judges’ decisions, copyrighted or copyrightable material in development, production, or otherwise. Holder agrees to treat the Protected Information in strictest confidence and will not use Protected Information for any purpose whatsoever. Holder shall not at any time publish, reveal, disseminate, or disclose Protected Information (whether directly or indirectly, orally, in writing, or otherwise), or cause to be published, revealed, disseminated, or disclosed any Protected Information (whether directly or indirectly, orally, in writing, or otherwise) to any Third Party (as defined below), in any news story, magazine, article, blog, online posting/thread comment, or social media post (including, without limitation, Facebook, Instagram, Twitter, Tumblr, Flickr, YouTube, TikTok, Pinterest, LinkedIn, Vine, Snapchat, and Foursquare) or any other publicity concerning the Event, the Risks, or the Released Parties, and further shall not issue, authorize, confirm or in any way enable the issuance of any press information and/or Protected Information concerning the Event or any activities taking place in or around the Arena, and will not authorize Holder’s agents, representatives, heirs, or successors to do so. The term “Third Party” shall include individuals (including other Holders, spouses, significant others, friends, relatives, acquaintances, and strangers), newspapers, periodicals, magazines, publications, television stations, radio stations, publishers, and any other enterprise involved in print or electronic media, including individuals working directly or indirectly for or on behalf of any such entities.
HOLDER ACKNOWLEDGES AND AGREES THAT THE RELEASED PARTIES HAVE SUBSTANTIAL AND VALUABLE INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY INTERESTS IN AND TO THE PROTECTED INFORMATION. HOLDER ACKNOWLEDGES AND AGREES THAT ANY DISCLOSURE BY HOLDER TO ANY THIRD PARTY OF ANY PROTECTED INFORMATION SHALL CONSTITUTE A SERIOUS AND MATERIAL BREACH OF THE TERMS HEREOF, AND SHALL CONSTITUTE, AMONG OTHER THINGS, A BREACH OF TRUST AND CONFIDENCE, INVASION OF PRIVACY, AND MISAPPROPRIATION OF EXCLUSIVE INTELLECTUAL PROPERTY RIGHTS. HOLDER ACKNOWLEDGES AND AGREES THAT ANY BREACH OF VIOLATION BY HOLDER OF THE TERMS OF THIS AGREEMENT MAY SUBJECT HOLDER TO IMMEDIATE EJECTMENT FROM THE ARENA AND/OR AN ACTION AT LAW FOR THE RECOVERY OF MONETARY DAMAGES AND/OR AN ACTION FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF.
NO PHOTOGRAPHY: THERE SHALL BE NO PERSONAL OR PROFESSIONAL PHOTOGRAPHY AND/OR RECORDINGS (INCLUDING, WITHOUT LIMITATION, AUDIO, VISUAL, AND/OR AUDIOVISUAL) TAKEN BY HOLDER IN THE ARENA WHETHER TAKEN BEFORE, DURING, OR AFTER THE EVENT.
CONSENT TO FILM: Some or all of the Event may be filmed by the Producer and Holder’s likeness may be included in the filming. This Agreement allows Producer to tape, record, and photograph Holder, Holder’s voice, conversations, sounds, name, image, likeness, identity, any biographical information provided by Holder, interview, and/or performances (collectively, “Likeness”) during and in connection with the Event, and any and all versions thereof. In consideration for attending the Event and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Holder hereby grants Producer the irrevocable, unlimited, royalty-free, right and license to use, reproduce, and/or otherwise exploit and to use, reproduce, and/or otherwise exploit Holder’s Likeness, in whole or in part, throughout the universe, in perpetuity, in any and all media whether now known or hereinafter devised including, without limitation, by means of broadcast, Internet, home video production, cable and/or satellite transmission, and for any and all purposes (collectively, the “Rights”) in connection with the Event. Holder acknowledges and agrees that Producer shall be the sole owner of all copyrights and other rights in and to such taping, photography, and recordings, and shall be able to use the same in any and all media whether now known or hereinafter devised, throughout the universe, in perpetuity, and in any and all advertising, publicity, promotion, and/or exploitation of the Event. Producer may freely assign this Agreement and any and all rights incident hereto (including, without limitation, the Rights), in any manner Producer determines in its sole and absolute discretion.
HOLDER AGREES THAT HOLDER WILL MAKE NO CLAIM OF ANY KIND AGAINST THE RELEASED PARTIES AS A RESULT OF HOLDER’S APPEARANCE AT THE EVENT OR SUBSEQUENT BROADCAST INCLUDING, WITHOUT LIMITATION, THE USE OF HOLDER’S LIKENESS AS PERMITTED HEREIN. HOLDER HEREBY WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES RELATING TO HOLDER’S APPEARANCE IN ANY TAPE, RECORDING, OR PHOTOGRAPH OF THE EVENT AND ITS USE IN ANY MEDIA INCLUDING, WITHOUT LIMITATION, ANY RIGHTS TO CLAIMS RELATED TO COPYRIGHT INFRINGEMENT, LIBEL, DEFAMATION, MORAL RIGHTS, RIGHTS OF PRIVACY AND/OR PUBLICITY, CONFIDENTIALITY, OR ANY OTHER CLAIM ARISING OUT OF THE PRODUCTION, DISTRIBUTION, BROADCAST, EXHIBITION, PROMOTION, MARKETING, AND/OR ADVERTISING OF THE EVENT AND/OR ANY ANCILLARY USES OF THE EVENT IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HERIEN AFTER DEVISED, THROUGHOUT THE UNIVERSE AND IN PERPETUITY.