The Nantucket Project Academy, (“TNP”) is proud to produce our family of events at in-person, physical events (“Physical Events(s)”), including, without limitation, tnpONE, and/or in online formats, (“Online Event(s)”)(the Physical Events and Online Events are collectively referred to herein as the “Event(s)”).
These TNP Participation and Credentials Terms and Conditions (the “Terms”) apply to (i) you and any individual or entity you are making a purchase on behalf of to participate in any TNP Events (“you” “your” or “Participant”), (ii) such Participant’s application for involvement in the Events (“Application(s)”) and (iii) Participant’s registration, attendance, participation, and/or enrollment, including, without limitation, purchase and/or possession of any TNP Event entry or access credentials or permissions whether physical or digital, such as badges, tickets, passes, and giveaways (tickets, passes, permissions and badges are collectively referred to herein as “Credentials”). By clicking “I Agree to the Above Terms and Conditions” below or by obtaining Credentials you acknowledge and agree to these Terms.
1. APPLICABLE TERMS
The Credentials you selected for purchase are for a Physical Event and/or an Online Event, and only the terms concerning the type of event(s) you selected apply.
- New Credentials. Paragraphs 1-23 herein apply in full if Participant is obtaining Credentials for an Event occurring in 2023.
- Deferred Credentials. If you purchased Credentials for an Event prior to 2023 and are deferring those Credentials to 2023, these Terms apply to you, provided that any term more favorable to you contained in the 2020 Participation and Credentials Terms and Conditions (the “pre-2022 Terms”) than its counterpart in these Terms will apply to you. Your deferred credential is non-transferable.
2. OFFICIAL TNP CREDENTIALS AND APPLICATIONS
- TNP, its agents and representatives are the sole creators, sellers and distributors of TNP Credentials. Any Credentials not created by and legally acquired from TNP or its authorized agents or representatives will be considered fraudulent and invalid, and subject to revocation. TNP reserves the right to pursue any and all legal action available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorized Credential.
- Any Application to participate in TNP Event must be submitted through NantucketProject.com. Any application forms, submission requests, proposals or other offers not located on NantucketProject.com are not official Nantucket Project applications and will not be considered.
3. REFUND & REVOCATION POLICY
- All Credentials are the sole property of TNP. As always, if Participant violates these Terms, TNP has the right, in its sole discretion and at any time determined by TNP, to cancel, revoke, or refuse all transactions with any individual or entity, including, without limitation, the following: Credentials, purchases, and/or hotel reservations made through TNP. TNP will not be responsible for any penalty, fee, loss, or expense incurred by Participant that might result from such action, regardless of whether such penalty, fee, loss or expense was foreseeable or TNP was advised of the same.
- TNP does not issue refunds under any circumstances, including, without limitation, for Application fees or Credentials purchases. Any and all payments made to TNP are not refundable for any reason, including, without limitation, failure or inability to use Credentials due to illness, positive COVID-19 test, acts of God, public health crisis, government restrictions, travel-related problems, acts of terrorism, loss of employment and/or duplicate purchases. TNP will not issue refunds, deferrals or credits for Credentials that have been revoked.
- If an Event is cancelled in its entirety for any reason, you may defer your Credentials to the next TNP Event of the same type for which your Credentials were purchased. If an Event is cancelled in its entirety for any reason, you agree that aside from obtaining a deferral credit for your Credentials, you will have no remedy against TNP, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or TNP was advised of the same.
- If an Event in its entirety is postponed for any reason, your Credentials will be valid for the rescheduled dates in the same calendar year for such Event. If an Event in its entirety is postponed for any reason, you agree that aside from your Credentials being valid for the rescheduled dates, you will have no remedy against TNP, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or TNP was advised of the same.
- Unused Credentials have no monetary value and cannot be credited to future years or events unless the Event in its entirety is cancelled and you defer your Credentials to the next Event.
- TNP will not issue refunds or credits due to failure to redeem a discount coupon during the registration or application process.
- Discounted Credentials prices are based on the date payment is received.
- Lost or stolen Credentials will not be replaced. If Credentials are lost or stolen, new Credentials will need to be purchased at the full price in effect at that time for a Participant’s continued access to the Events, including, without limitation, showcases, parties and conference content.
- Use of Credentials by anyone other than the authorized individual will result in revocation of the Credentials without a refund.
4. CREDENTIALS TRANSFER POLICY
TNP Credentials are issued to, can be picked up by, and used by only the Participant named in the registration.
- Up to fourteen (14) days prior to the start date of a Physical Event, TNP will accept a request to transfer Credentials by changing the Participant name for a processing fee of $100 per Credentials transferred.
- Physical Event Credentials are non-transferable after they have been picked up.
- Credentials may not be transferred and name changes will not be made after Credentials have been issued.
- Notwithstanding the provisions above, tickets and Online Event Credentials are non- transferrable
5. TAX DEDUCTABILITY
- Payments for tnpONE take the form of a charitable contribution to the The Nantucket Project, a private 501(c)3 nonprofit. We will email you a receipt acknowledging the contribution after the fiscal year-end (December 31) for the year in which payment was received.
- A portion of your pass, $2,500, is not tax-deductible (value of services received, also known as the fair market value). The amount the attendee pays in excess of the value of services received may be tax-deductible for US taxpayers as a philanthropic contribution, although you should consult your own advisers as individual situations may differ.
- Please consult your tax advisor before paying from a Private Foundation – goods and services are a portion of your membership fee.
6. CREDENTIALS REQUIRED FOR ENTRY
- Physical Events. For security reasons, and to allow entry into TNP Physical Event(s), Participant must wear, possess, and present their Credentials at Physical Events as follows: (i) badges must be on the TNP-issued lanyard around Participant’s neck while participating in Physical Events; and (ii) digital Credentials for the Physical Events must be presented by the Participant on a digital device in their possession. If Credentials are not worn or presented correctly by a Participant, TNP reserves the right to deny that Participant’s entry into TNP Physical Events.
- Online Events. Sharing Credentials for access to Online Events is strictly prohibited.
7. ENTRY & RESTRICTIONS
- TNP Credentials allow the Participant entry or other access to specific defined Events, but do not guarantee admission or other access to all elements of an Event.
- Event admission and participation are subject to certain limitations, including, without limitation, venue capacity, geo-blocking, technical limitations and age restrictions in compliance with state and local laws, and Covid-19 safety policies.
- Age restrictions, capacity and COVID-19 safety policies are specific to each venue and are set by the venue and relevant local, state, and federal authorities. Venues may each have their own restrictions limiting entry with certain foods, beverages, or other items such as chairs or bags that are non-transparent or do not fit specified dimensions.
8. CREDENTIALS CANNOT BE PRIZES
TNP Credentials may not be used as a prize or incentive in any form of promotion, contest, game, or sweepstakes without advance written approval from TNP.
9. NO TAMPERING WITH CREDENTIALS
Tampering with any Credentials, including, without limitation, Tickets (e.g., stretching, tearing, cutting, taping, etc.) is not permitted. If tampering is evident, the applicable Credentials will be invalidated and confiscated, and Participant will not be allowed entry to any/all TNP venues and/or Events where the Credentials are required.
10. SYSTEM REQUIREMENTS; CONTENT USE; ANTI-PIRACY
- Participant understands and agrees that access to Online Events and use of any related services provided by TNP, or its vendors is dependent on Participant’s internet connection, hardware and certain software (including third party software) that may be required or may need updating. TNP is not responsible for any streaming lags, interruptions, outages, or Participant’s inability to access Online Event content as a result of Participant’s internet connection or any other technical, hardware, equipment, system, server or technology related issues. Participant is responsible for their own data security while accessing the Online Events. Participant acknowledges that a high-speed internet connection is necessary in order to access the Online Events through a mobile network, and that Participant’s network or roaming network may apply fees for data usage. Participant acknowledges and agrees that the system requirements set forth in this Paragraph 9 are your sole responsibility.
- Participant’s ability to view Event content may vary based on the rights availability of such content, the Credentials purchased, and/or Participant’s geographic location
- Participant agrees to not use any device, software, internet site, web-based service, or other means to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Event content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Event content, including, without limitation, any applicable geo-filtering mechanisms. For clarity, Participant may not use any technology or technique that obscures or disguises Participant’s location when accessing the Online Events or related services.
- Participant agrees to the Photo and Video Policy, which is incorporated herein by this reference and applicable to the Event in which Participant is participating or for which Participant is purchasing Credentials to attend.
11. IMAGE RELEASE
Photographs and/or audio/video recordings taken at the Events by TNP, or others on behalf of TNP, may include Participant’s image, name, voice and/or likeness. By attending and/or participating in the Events, Participant hereby grants TNP permission to perpetually use, and to sublicense to third-parties, Participant’s photograph, image, likeness, voice and statements (whether in writing or orally) for any purpose, including, without limitation, commercial purposes, without compensation or credit to the Participant, in any and all media, worldwide, now known or hereafter devised.
12. TNP LOST AND FOUND
TNP is not responsible for lost or damaged items. As a courtesy only, and without assuming any legal duty or liability, a Lost and Found will be located at Registration during the Physical Events, which is where Participants may drop off found items. Participants can also email a description of the item and the location it was lost/found. After ninety (90) days
- Following the Event, unclaimed lost and found items may be disposed of at TNP’s discretion.
13. CODE OF CONDUCT
Participant hereby agrees to the Code of Conduct applicable to the Event Credentials Participant is purchasing or using, which is incorporated herein by this reference. If TNP determines that a Participant violated the TNP Code of Conduct, TNP reserves the right, in its sole discretion, to revoke that Participant’s Credentials without refund, deferral or credit to Participant.
14. WEAPONS FREE POLICY
TNP is a private event and maintains a Weapons-Free Policy for all Events, which is incorporated herein by this reference, and Participant agrees to its terms. Without limiting the Weapons-Free Policy, Participant is prohibited from carrying weapons of any kind, including, without limitation, concealed or displayed firearms, and is not permitted to bring weapons onto the premises of any Events. Participant’s bags may be checked prior to entering a physical, in-person venue (whether part of the Physical Events or production for the Online Events) by employees, contractors and/or representatives of: (a) TNP; (b) the venue for Events; and/or (c) TNP’s clients or sponsors. TNP reserves the right, in its sole discretion, without refund, deferral or credit to Participant, to deactivate and/or revoke the Credentials of a Participant if such Participant violates this Weapons-Free Policy. Participant agrees that this policy is in force, and agrees to comply with the policy, regardless of the terms of any signs posted on the premises or venue of any Event.
Participant agrees to comply with the safety, hygiene and COVID-19 guidelines established by relevant health authorities, including, without limitation, Nantucket Health Department, Massachusetts Department of Health, the Centers for Disease Control, and any guidelines set forth in the Attendee Safety Resources, which is incorporated herein by this reference.
16. ADDITIONAL TNP POLICIES
17. PERSONAL INFORMATION
18. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK.
Participant understands and agrees that participating in the events is voluntary and may involve certain risks of physical injury, damage to property, whether physical property or intellectual property, and other damages or losses that may be sustained by participant, and participant assumes all risk of damage, property loss, and/or personal injury which may occur as a result of participating in the events, including, without limitation, exposure to COVID-Participant hereby releases TNP, TNP owners, TNP sponsors and TNP official venues, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers and representatives (the “released parties”) from any liability associated with participating in the events, including liability for the negligence of any released parties, unless such liability is due to the gross negligence of the released parties, in which case the release will still apply to any of the released parties that were not grossly negligent.
19. LIMITATION OF LIABILITY
In no event shall TNP be liable to any participant, or any other person or entity for any personal injury or damages to property, data loss, damages for loss of business
- profits or other pecuniary loss, including any direct, consequential, incidental, special, punitive or similar damages, arising out of any participant’s use of the credentials and/or participation in the events, even if TNP or participant has been advised of the possibility of such damages.
20. NO WARRANTIES
Except as may be expressly set forth in these terms, participant’s participation in the events, and all services and products provided in connection with the events, are provided “as is” without any warranty of any kind. TNP expressly disclaims all express, implied, or statutory warranties, representations or conditions, whether written or oral, including any implied warranties of merchantability, fitness for a particular purpose, security, reliability, integration, safety, or any warranties that may arise from course of dealing. TNP expressly disclaims any warranties not expressly stated herein and has made no representations or warranties to participant about the suitability, condition or safety of the TNP events, TNP platform or digital transmission of the events, your ability to access or use TNP content or services, any equipment provided by TNP or its vendors, TNP services or products supplied as part of the events or that the events, including any streaming, will operate without interruption or be error free.
Participant agrees to indemnify, defend, and hold TNP and its affiliates, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant’s participation in the Events, use of the Credentials, or any violation of the Terms by Participant.
22. CHOICE OF LAW AND EXCLUSIVE VENUE AND JURISDICTION.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of laws. Participant and TNP hereby irrevocably submit to the exclusive jurisdiction of the United States federal and state courts located in Boston, Massachusetts, including waiving any objection to personal jurisdiction, and agree that any such court will be the proper forum for the determination of any dispute arising hereunder.
23. UPDATES TO TERMS
TNP reserves the right to make changes to the Terms as posted, so be sure to check back and review the Terms from time to time prior to purchase.
24. GENERAL PROVISIONS
Nothing in these Terms establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe these Terms. In the event that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect. TNP may assign this agreement to a third-party at its discretion.