Terms of
Service
Terms of Service
All participants in TOP CUT EVENTS LLC's ("Top Cut Events 2022") convention ("convention") held May 20-22, 2022, in Secaucus, NJ., are required to, and hereby do, assume all risk of participation in the convention by accepting the following terms of service agreement ("agreement") and the assumption of risk and release of liability described below.
Covid-19
As the COVID-19 Global Pandemic continues, Top Cut Events LLC is both cautiously optimistic and prepared to manage our place-based events with the health, safety, and well-being of our attendees, staff, presenters, exhibitors, sponsors, and speakers in mind. All participants, including, but not limited to, attendees, speakers, sponsors, volunteers, Top Cut staff, service providers, and others are expected to abide by all polices in effect for this event.
In all cases, we will continue to assess the risks in the area local to the event. In keeping with the responsibility as host, Top Cut Events LLC will follow the Play! Pokémon COVID-19 Protocols set forth in the link below. There may be some event locations which the vaccination requirment is lifted, but for Top Cut Events LLC hosted events, the Play! Pokémon COVID-19 Protocols will be the policies and procedures required of our attendees at our events.
While participating in events held or sponsored by Top Cut Events LLC, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing”, and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Top Cut Events LLC has put in place preventative measures to reduce the spread of COVID-19. However, Top Cut Events LLC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
I, and my attending party, acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with Top Cut Event LLC, and I willingly engage in Top Cut Events LLC hosted events and/or other activities.
I, and my attending party, acknowledge the health risks associated with participating in events held or sponsored by Top Cut Events LLC, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the event, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE EVENT HOSTED BY TOP CUT EVENTS LLC..
We reserve the right to modify these policies and procedures at any time given the rapidly changing nature of the current global pandemic.
I, and my attending party, have read and agree to follow Play! Pokémon COVID-19 Protocols including the requirement to wear a mask at all times during the event and to be fully vaccinated, including a booster if eligible. We agree that failure to meet these requirements for entry and attendance will result in being denied entry.
https://assets.pokemon.com//assets/cms2/pdf/play-pokemon/rules/play-pokemon-covid-19-protocols-02082022-en.pdf
PURCHASES
REFUNDS
This event will allow for refunds requested PRIOR to the close of registration for the event. Absolutely no requests for refunds will be honored if requested after the close of registration. NO EXCEPTIONS.
Registrations are non-transferable. VIP packages or Evo packs are non-refundable and non-transferable.
SIDE EVENT CANCELLATIONS
If a side event has been cancelled, please see the event manager for further instructions. No event ticket refunds will be given for cancelled events without a stamp or signature from the event manager. Whereas cancelled side event tickets with proper event manager signature qualify for refund, main event registrations will NOT be refunded or credited due to event cancellations.
LOST BADGES & EVENT TICKETS
Top Cut Events 2022 cannot replace lost, stolen or forgotten badges and/or event tickets. Please be responsible with your event materials. Lost, stolen, or forgotten items must be repurchased at full cost. It is recommended you check with the Top Cut Events 2022 Show Management to see if your materials have been turned in to Lost & Found before buying new materials. TOP CUT EVENTS LLC assumes no responsibility for lost, stolen or forgotten materials.
WAIVER / ASSUMPTION OF RISK / RELEASE OF LIABILITY
You agree to assume all risks of participating in the Convention and release TOP CUT EVENTS LLC from any liability for loss, damage or injury (including disability or death) to your person and property while attending, participating in or becoming involved with the Convention. You specifically make the following representations and assurances to TOP CUT EVENTS LLC, acknowledging that TOP CUT EVENTS LLC would not permit your participation in the Convention without receiving such representations and assurances:
I wish to participate in a TOP CUT EVENTS 2022 Convention subject to the terms and conditions herein. By attending this event, I acknowledge and agree that the Convention may involve some inherently dangerous activities. TOP CUT EVENTS LLC will use good faith efforts to conduct and manage the Convention, but I understand that it is not possible to make the Convention completely safe. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Convention to properly and fully judge the inherent risks of the Convention.
ASSUMPTION OF RISK
I acknowledge and agree that the Convention involves potential risks of serious personal injury, disability or even death. I represent that I have sufficient physical fitness to participate in the Convention and I have no medical reason or impairment that might otherwise prevent me from participating in the Convention. If I know or should know of any condition or problem that might prevent me from safely participating in the Convention, I agree that I will immediately advise TOP CUT EVENTS LLC and remove myself from the Convention.
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby assume full responsibility for my own safety and accept all known and unanticipated risks of loss, damage and injury (including death or disability) to myself and my property while attending, participating in or becoming involved with the Convention, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I completely absolve, waive, discharge and release TOP CUT EVENTS LLC and all its employees, advisors, consultants, members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with TOP CUT EVENTS LLC and all facility staff, guests, fellow participants, landlords, owners, management companies and the like (collectively the "Indemnified Parties") from any legal duty for my safety or any liability for my harm, to the maximum extent permitted by law.
RELEASE OF LIABILITY
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or possible causes of action ("Claims") that may accrue or arise from any loss, damage or injury (including death or disability) to my person and property that is in any way related to or arising in connection with my attendance at, participation in or involvement with the Convention, regardless of whether or not such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and injury (including death or disability) to my person and property arising out of or in any way connected to the Convention, however caused and on any theory of liability whatsoever (whether in contract, tort, negligence, strict liability or otherwise), including but not limited to the Indemnified Party's own negligence. Such defense and indemnification shall include all reasonable costs, expenses and attorney's fees that may be associated with any Claims. I further agree that I will not cause, encourage, promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.
I understand that the above release and assumption of risk is intended to provide a comprehensive release of liability but is not intended to assert any defenses that are prohibited by law. The release and assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full force and effect. The terms of the above release and assumption of risk shall apply to and be binding on myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and assigns.
GENERAL PROVISIONS
I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the Northern District of Illinois or the Northern District: US District Court any actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or otherwise relating to this Agreement.
EXPLOITATION OF NAME AND LIKENESS
In consideration of being allowed to participate in this Convention, I hereby agree that TOP CUT EVENTS LLC may photograph and/or record my likeness and/or voice and my participation in the Convention and without any additional consideration, I hereby agree that TOP CUT EVENTS LLC and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and promote my name, biographical material, likeness, voice and performance in and in connection with the Convention or other TOP CUT EVENTS LLC events. I further agree that TOP CUT EVENTS LLC may edit my appearance therein and I waive any personal or proprietary rights with respect thereto. I represent and warrant to TOP CUT EVENTS LLC that I have not made any contract or commitment in conflict with this grant of rights to TOP CUT EVENTS LLC. Nothing herein contained shall obligate TOP CUT EVENTS LLC to make or cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to TOP CUT EVENTS LLC herein.
ETHICS, CONDUCT AND NO HARASSMENT
I understand that TOP CUT EVENTS LLC is dedicated to providing a safe, enjoyable, and harassment-free Convention experience for all participants and workers, regardless of their gender, sexual orientation, disability, physical appearance, body size, race, religion, or affiliation, and I hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, and harassment in any form will not be tolerated. I agree to conduct myself, and any minors under my supervision, in a safe, responsible, non-disruptive, and lawful manner while attending the Convention, and understand that violation of Convention policies as determined by TOP CUT EVENTS LLC in its sole discretion, may result in my expulsion from the Convention without refund.
MEDIA USAGE
CONTACT INFO
If you have any inquiries regarding our Refund, Exchange or Cancellation Policies, please email us at [email protected]. Customer Service hours are Monday through Friday 9:30 am - 5:00 pm (Central). During the convention, all inquiries can be made at Customer Service onsite.
I have carefully read the terms of service agreement, fully understand its contents and hereby accept and agree to it voluntarily of my own free will. I affirm that either I am over 18 years of age and have full right, authority and capacity to enter into this terms of service agreement and to make the release and assumption of risk described herein, or that my parent or legal guardian has read and signed this terms of service agreement.
If participant is under 18 years of age, parent or legal guardian must also fully understand its contents and hereby accept and agree to it voluntarily of my own free will. I affirm that either, I am over 18 years of age and have full right, authority, and capacity to enter into this Terms of Service agreement and to make the release and assumption of risk described herein.
By attending Top Cut Events 2022 attendees hereby represent that he/she is in fact the parent or legal guardian of the participant, that he/she has the right, authority and capacity to enter into this Terms of Service Agreement and to make the release and assumption of risk described herein for and on behalf of the participant, that he/she has carefully read this Terms of Service Agreement and understood its contents, and that he/she is hereby accepting and agreeing to it voluntarily of his/her own free will.
All participants in TOP CUT EVENTS LLC's ("Top Cut Events 2022") convention ("convention") held May 20-22, 2022, in Secaucus, NJ., are required to, and hereby do, assume all risk of participation in the convention by accepting the following terms of service agreement ("agreement") and the assumption of risk and release of liability described below.
Covid-19
As the COVID-19 Global Pandemic continues, Top Cut Events LLC is both cautiously optimistic and prepared to manage our place-based events with the health, safety, and well-being of our attendees, staff, presenters, exhibitors, sponsors, and speakers in mind. All participants, including, but not limited to, attendees, speakers, sponsors, volunteers, Top Cut staff, service providers, and others are expected to abide by all polices in effect for this event.
In all cases, we will continue to assess the risks in the area local to the event. In keeping with the responsibility as host, Top Cut Events LLC will follow the Play! Pokémon COVID-19 Protocols set forth in the link below. There may be some event locations which the vaccination requirment is lifted, but for Top Cut Events LLC hosted events, the Play! Pokémon COVID-19 Protocols will be the policies and procedures required of our attendees at our events.
While participating in events held or sponsored by Top Cut Events LLC, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing”, and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Top Cut Events LLC has put in place preventative measures to reduce the spread of COVID-19. However, Top Cut Events LLC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
I, and my attending party, acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with Top Cut Event LLC, and I willingly engage in Top Cut Events LLC hosted events and/or other activities.
I, and my attending party, acknowledge the health risks associated with participating in events held or sponsored by Top Cut Events LLC, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the event, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE EVENT HOSTED BY TOP CUT EVENTS LLC..
We reserve the right to modify these policies and procedures at any time given the rapidly changing nature of the current global pandemic.
I, and my attending party, have read and agree to follow Play! Pokémon COVID-19 Protocols including the requirement to wear a mask at all times during the event and to be fully vaccinated, including a booster if eligible. We agree that failure to meet these requirements for entry and attendance will result in being denied entry.
https://assets.pokemon.com//assets/cms2/pdf/play-pokemon/rules/play-pokemon-covid-19-protocols-02082022-en.pdf
PURCHASES
- Every attendee of the Pokémon Regional Championships is required to register for their seat prior to the Saturday of the main event by 8:00am. There will be no onsite registration at this event after the date listed above. Failure to register before the time listed above will forfeit any opportunity to participate in the main event.
- All children ages 5 and younger must always be accompanied by a Parent or Guardian while attending Top Cut Events 2022.
- It is strongly encouraged children, five and under, be registered at the Customer Service counter, located at the Prize Wall booth, to obtain a wristband (for security purposes).
- Top Cut Events 2022 accepts Visa, MasterCard, Discover, and American Express as payment. Cash only, will be accepted for onsite purchases, including side events purchases. Checks and Money Orders are not accepted at any time.
REFUNDS
This event will allow for refunds requested PRIOR to the close of registration for the event. Absolutely no requests for refunds will be honored if requested after the close of registration. NO EXCEPTIONS.
Registrations are non-transferable. VIP packages or Evo packs are non-refundable and non-transferable.
SIDE EVENT CANCELLATIONS
If a side event has been cancelled, please see the event manager for further instructions. No event ticket refunds will be given for cancelled events without a stamp or signature from the event manager. Whereas cancelled side event tickets with proper event manager signature qualify for refund, main event registrations will NOT be refunded or credited due to event cancellations.
LOST BADGES & EVENT TICKETS
Top Cut Events 2022 cannot replace lost, stolen or forgotten badges and/or event tickets. Please be responsible with your event materials. Lost, stolen, or forgotten items must be repurchased at full cost. It is recommended you check with the Top Cut Events 2022 Show Management to see if your materials have been turned in to Lost & Found before buying new materials. TOP CUT EVENTS LLC assumes no responsibility for lost, stolen or forgotten materials.
WAIVER / ASSUMPTION OF RISK / RELEASE OF LIABILITY
You agree to assume all risks of participating in the Convention and release TOP CUT EVENTS LLC from any liability for loss, damage or injury (including disability or death) to your person and property while attending, participating in or becoming involved with the Convention. You specifically make the following representations and assurances to TOP CUT EVENTS LLC, acknowledging that TOP CUT EVENTS LLC would not permit your participation in the Convention without receiving such representations and assurances:
I wish to participate in a TOP CUT EVENTS 2022 Convention subject to the terms and conditions herein. By attending this event, I acknowledge and agree that the Convention may involve some inherently dangerous activities. TOP CUT EVENTS LLC will use good faith efforts to conduct and manage the Convention, but I understand that it is not possible to make the Convention completely safe. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Convention to properly and fully judge the inherent risks of the Convention.
ASSUMPTION OF RISK
I acknowledge and agree that the Convention involves potential risks of serious personal injury, disability or even death. I represent that I have sufficient physical fitness to participate in the Convention and I have no medical reason or impairment that might otherwise prevent me from participating in the Convention. If I know or should know of any condition or problem that might prevent me from safely participating in the Convention, I agree that I will immediately advise TOP CUT EVENTS LLC and remove myself from the Convention.
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby assume full responsibility for my own safety and accept all known and unanticipated risks of loss, damage and injury (including death or disability) to myself and my property while attending, participating in or becoming involved with the Convention, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I completely absolve, waive, discharge and release TOP CUT EVENTS LLC and all its employees, advisors, consultants, members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with TOP CUT EVENTS LLC and all facility staff, guests, fellow participants, landlords, owners, management companies and the like (collectively the "Indemnified Parties") from any legal duty for my safety or any liability for my harm, to the maximum extent permitted by law.
RELEASE OF LIABILITY
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or possible causes of action ("Claims") that may accrue or arise from any loss, damage or injury (including death or disability) to my person and property that is in any way related to or arising in connection with my attendance at, participation in or involvement with the Convention, regardless of whether or not such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and injury (including death or disability) to my person and property arising out of or in any way connected to the Convention, however caused and on any theory of liability whatsoever (whether in contract, tort, negligence, strict liability or otherwise), including but not limited to the Indemnified Party's own negligence. Such defense and indemnification shall include all reasonable costs, expenses and attorney's fees that may be associated with any Claims. I further agree that I will not cause, encourage, promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.
I understand that the above release and assumption of risk is intended to provide a comprehensive release of liability but is not intended to assert any defenses that are prohibited by law. The release and assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full force and effect. The terms of the above release and assumption of risk shall apply to and be binding on myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and assigns.
GENERAL PROVISIONS
I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the Northern District of Illinois or the Northern District: US District Court any actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or otherwise relating to this Agreement.
EXPLOITATION OF NAME AND LIKENESS
In consideration of being allowed to participate in this Convention, I hereby agree that TOP CUT EVENTS LLC may photograph and/or record my likeness and/or voice and my participation in the Convention and without any additional consideration, I hereby agree that TOP CUT EVENTS LLC and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and promote my name, biographical material, likeness, voice and performance in and in connection with the Convention or other TOP CUT EVENTS LLC events. I further agree that TOP CUT EVENTS LLC may edit my appearance therein and I waive any personal or proprietary rights with respect thereto. I represent and warrant to TOP CUT EVENTS LLC that I have not made any contract or commitment in conflict with this grant of rights to TOP CUT EVENTS LLC. Nothing herein contained shall obligate TOP CUT EVENTS LLC to make or cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to TOP CUT EVENTS LLC herein.
ETHICS, CONDUCT AND NO HARASSMENT
I understand that TOP CUT EVENTS LLC is dedicated to providing a safe, enjoyable, and harassment-free Convention experience for all participants and workers, regardless of their gender, sexual orientation, disability, physical appearance, body size, race, religion, or affiliation, and I hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, and harassment in any form will not be tolerated. I agree to conduct myself, and any minors under my supervision, in a safe, responsible, non-disruptive, and lawful manner while attending the Convention, and understand that violation of Convention policies as determined by TOP CUT EVENTS LLC in its sole discretion, may result in my expulsion from the Convention without refund.
MEDIA USAGE
- Media recording equipment larger than a handheld device is allowed only with an approved Press badge or the express consent of TOP CUT EVENTS LLC. Those with professional recording needs should email [email protected] with their inquiries.
- Attendees may not block aisles or walkways, impede movement, or disrupt the convention for photo-taking or recording purposes.
- Media recordings of specific exhibitor booths, on-sale products, demo products, and specific TOP CUT EVENTS LLC are prohibited without the consent of the associated exhibitor or event organizer/GM. Attendees are responsible for knowing and complying with any additional rules and regulations pertaining to their location of recording.
- TOP CUT EVENTS LLC's Ethics, Conduct, and No Harassment policy extends to photos, recordings, and act of recording taken by attendees at Top Cut Events 2022. Attendees acknowledge that their photos and recordings must comply with TOP CUT EVENTS LLC's Ethics, Conduct, and No Harassment policy, and that a failure to do so may result in expulsion without refund from the convention. This policy is enforced at TOP CUT EVENTS LLC's sole discretion.
- Top Cut Events 2022, and the TOP CUT EVENTS LLC logo, are trademarks of TOP CUT EVENTS LLC. All rights reserved. Use of these marks without express written consent from TOP CUT EVENTS LLC is prohibited.
CONTACT INFO
If you have any inquiries regarding our Refund, Exchange or Cancellation Policies, please email us at [email protected]. Customer Service hours are Monday through Friday 9:30 am - 5:00 pm (Central). During the convention, all inquiries can be made at Customer Service onsite.
I have carefully read the terms of service agreement, fully understand its contents and hereby accept and agree to it voluntarily of my own free will. I affirm that either I am over 18 years of age and have full right, authority and capacity to enter into this terms of service agreement and to make the release and assumption of risk described herein, or that my parent or legal guardian has read and signed this terms of service agreement.
If participant is under 18 years of age, parent or legal guardian must also fully understand its contents and hereby accept and agree to it voluntarily of my own free will. I affirm that either, I am over 18 years of age and have full right, authority, and capacity to enter into this Terms of Service agreement and to make the release and assumption of risk described herein.
By attending Top Cut Events 2022 attendees hereby represent that he/she is in fact the parent or legal guardian of the participant, that he/she has the right, authority and capacity to enter into this Terms of Service Agreement and to make the release and assumption of risk described herein for and on behalf of the participant, that he/she has carefully read this Terms of Service Agreement and understood its contents, and that he/she is hereby accepting and agreeing to it voluntarily of his/her own free will.