Qualcomm Technologies, Inc. and/or its affiliated company(ies) (“QTI”) is/are hosting and/or sponsoring the event listed on the registration page/form (the “Event”) that redirected you to these Event Terms and Conditions (the “Agreement”).

By checking the box to register for the Event, I, on behalf of myself and the legal entity that I am authorized to represent (“I”, “me”, “you” and/or “Company”), (i) recognize that certain risks such as accidents and injuries may occur while participating at the Event, which may include without limitation live or recorded demonstrations, hands-on experiences, touring, and/or interactions, and (ii) have fully read and agree to abide by this Agreement.

 

 

1. Assumption of Risk.  I acknowledge that my participation in the Event is a potentially dangerous activity and may result in significant harm to property or injury or death to persons.  I, and not QTI, assume all risks and liabilities that may result from my participation at the Event.

 

2. Safety Precautions and Compliance with Laws.  QTI has taken reasonable safety measures for the Event.  By registering for and at all times during the Event, I agree to follow all (i) stated and posted safety procedures and precautions, (ii) instructions from Event and/or venue staff, (iii) venue-specific rules and guidelines (which are separate from and incorporated by reference in this Agreement), and (iv) applicable domestic and international laws.

 

3. General Release.  In consideration of QTI allowing my participation at the Event, I, on behalf of myself and of Company and of each of my agents, affiliates, successors, heirs, assigns, and legal representatives (collectively, “Releasing Parties”), hereby fully and forever release, discharge, and hold harmless QTI and its agents, employees, subsidiaries, affiliates, successors, assigns and licensees (collectively, the “Released Parties”) from any and all claims, demands, liabilities, causes of action against any of the Released Parties, whether known or unknown, in law or in equity, that arise at any time and relate to my participation in the Event, whether caused by the negligence of the Released Parties or otherwise.

 

4. Waiver.  I hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California, and under any and all similar laws of any governmental entity. I hereby confirm that I am aware that Section 1542 of that Civil Code states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

5. Complete Defense.  I agree that both the assumption of risk and the General Release in Section 3 are a complete defense to any and all actions, claims, or demands that each of the Releasing Parties, have or may have for injuries to person or property, including death, as a result of my participation in the Event.

 

6. Publicity Release.  I agree that QTI may use my name, voice, image, likeness and any other attributes of my personality (collectively, “Appearance”) and any images, photos, videos, audio, audiovisual content, presentations, trademarks or other materials provided to QTI by me or my agents (collectively, “Materials”) in connection with any film, audio, video, audio-visual work, photograph, illustration, animation, broadcast, advertising and promotional material, in any media now known later developed, in any format (collectively, “Works”) in connection with the Event.

 

7. Content License and Disclosures.  If I or my agents create, produce, display, upload, or otherwise share any content, including without limitation, social media posts, blog posts, articles, comments, feedback, photos, videos, live streaming, website content, broadcast, music, and any other materials in connection with the Event (collectively, the “Content”), I agree to grant QTI and its affiliates a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to post, use, copy, sublicense, modify, adapt, translate, create derivative work from, transmit, publicly perform or display, distribute, host, communicate, make available and publish the Content in any media platforms or channels, now known or later developed. I further agree that, if QTI provides me with any benefits in connection with my participation in the Event, including, but not limited to, monetary compensation, travel, and/or free or discounted products and/or services (“Benefits”), each such piece of Content will (i) be accompanied by a clear and conspicuous disclosure of my material connection to QTI or the applicable affiliate, as required under Section 5 of the U.S. Federal Trade Commission Act and any analogous laws, rules, regulations and/or guidelines that may be applicable in other jurisdictions, and (ii) otherwise be created in accordance with the following:

 

                                 i. Be Honest. I acknowledge that any commentary or post should reflect my actual experience/opinion and not misleading.

 

                               ii. Disclose What Was Received.  I acknowledge and agree that any Content must be accompanied by a clear and conspicuous disclosure of the material connection between me and QTI or its affiliates, or one or more of the product brands Qualcomm®, Snapdragon®, and/or Qualcomm Dragonwing™ (“Product Brands”).  I acknowledge that by “material connection”, I must disclose every aspect of the benefits I may have received from QTI, its affiliates and/or its Product Brands; and I must not partially disclose or selectively disclose the benefits that I have received.

 

                             iii. Disclose In Every Piece of Content.  I acknowledge and agree to place a proper disclosure in every piece of Content that I (including my agents post on behalf of me) post in connection with the review and/or promotion of QTI, its affiliates and/or any of the Product Brands, even if I have made a disclosure in one or more previous posts for the same Event. 

 

                             iv. Disclosure Must Be Clear and Conspicuous.  I acknowledge and agree that a proper disclosure must be difficult to miss (i.e., easily noticeable) and easily understandable by ordinary viewers/listeners/readers, and must be unavoidable if I post on any social media.  Additionally, I acknowledge and agree to make the disclosure the same means as the posted Content itself.  For example, if I post a video or do a live streaming, I must make the disclosure both in text and present it auditorily; if the video may be interrupted by advertisements, multiple disclosures must be made.  I further acknowledge that if my Content conveys the endorsement without viewer having to read the accompanying description, I must superimpose the disclosure over the Content itself.

 

                                v. Third-Party Built-In Disclosure Tool.  Some third-party social media platforms may provide automated or built-in disclosure tools and/or features.  I acknowledge that I am encouraged to put my own disclosure(s) in or with my Content applying the above terms and conditions despite there are options to leverage such automated/built-in disclosure tools and/or features.

 

                              vi. Monitoring and Edit Request.  I acknowledge that QTI may be monitoring my posts regarding reviewing/promoting its products, services and/or the Product brands, and that QTI may be reaching out to me (including my agents) to request edits on my posts if it considers the Content and/or the disclosures do not meet the applicable laws, regulations, brand images and/or its values.  In such case, I agree to address QTI’s requests immediately.

 

8. Privacy Policy.  I acknowledge that I have been given the opportunity to read at the Privacy Policy for information on how my personal data may be collected and processed.  

 

9. Unacceptable Behavior.  I acknowledge that certain behaviors are unacceptable at the Event and such behaviors may result in my expulsion from the Event and future Event(s), termination of a sponsorship (if any), and/or reporting to applicable authorities if necessary.  I further acknowledge that the Released Parties shall not be held liable for any direct or indirect financial loss that I may incur as a result of my expulsion.  Unacceptable behaviors include without limitation (i) sharing or making content/statements that are offensive, dehumanizing, defamatory, libelous, abusive, demeaning and/or sexually explicit; (ii) sharing or making content/statements that are advocating violence, illegal activities, weapons, tobacco, alcohol and/or drugs; (iii) sharing or making content/statements that promote bigotry, racism, hatred, or discrimination, (iv) sharing or making content/statements that denigrates, disparages, or reflect negatively on the Released Parties; (v) doing disruptive actions such as interrupting any part of the Event, breaching the peace, or doing unlawful activities; (vi) vandalizing property, device, equipment, and/or products/services of the Event/venue; (vii) intimidating and/or harassing other participants and/or staffs at the Event; (viii) possessing weapons and/or illegal substances; (ix) making misrepresentations, fraudulent and/or misleading statements; and (x) ignoring and/or violating venue rules and/or safety requirements.  I further acknowledge that any form of harassment, including sexual harassment and harassment based on race, gender, age, disability, and other protected characteristics are strictly prohibited at the Event.

 

10. Additional Terms Applicable to Devices.  QTI may provide you an opportunity to try-out or test a product, platform, system, device and/or equipment (collectively, “Device”) during the Event.  If you receive a Device during or in connection with the Event, the following terms and conditions apply to you:

 

                                 i. I acknowledge that the Device is provided on an “as-is” basis, and the Released Parties make no warranty or representation, either express or implied, with respect to the Device, or any output or results based on the use of the Device.  

 

                               ii. I acknowledge that nothing herein shall be construed as the sale or offer for sale of the Device, or any part thereof, to me.

 

                             iii. I agree to grant QTI and its affiliates a royalty-free, perpetual, non-exclusive, unrestricted, and worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any photos, videos, ideas, suggestions, opinions, comments, or feedback that me (including my agents doing on behalf of me) post, upload, create, or otherwise share (collectively, “Feedback”), (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish my Feedback without restriction, (c) make, use, sell, offer for sale, and import products and/or services implementing any invention or functionality reflected in my Feedback, and (d) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Feedback. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Feedback, including, but not limited to, rights under copyright, trademark, service mark and patent laws under any relevant jurisdiction without QTI or its affiliates owing any monies to me or my agents whatsoever.

 

                             iv. I acknowledge that QTI will wipe out the user data on the Device after the Event.  If you wish to keep your data stored on the Device, please make sure to export the data before you return the Device. For your own privacy protection, we also recommend that you delete your data before returning the Device to QTI.

 

11. LIMITATION OF LIABILITY.  THE TOTAL CUMULATIVE LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO MY PARTICIPATION IN THE EVENT AND/OR THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE ONE HUNDRED U.S. DOLLARS ($100 USD).  I UNDERSTAND THAT MY PARTICIPATION IN THE EVENT IS PREDICATED ON THIS LIMITATION OF LIABILITY AND I ACKNOWLEDGE THAT QTI WOULD NOT ENTER INTO THIS AGREEMENT OR ALLOW ME TO PARTICIPATE IN THE EVENT WITHOUT SUCH LIMITATIONS.

 

12. Authority.  I represent and warrant that I have reached the legal age of majority or older in the applicable jurisdiction, and have the necessary authority to execute and bind Company to this Agreement. I acknowledge that the Released Parties disclaim any and all liability for disputes arising between me and my employer and/or the Company, which shall be my sole responsibility.

 

13. General. This Agreement constitutes the entire agreement relating to my participation at the Event, and supersedes all prior representations, understandings, and agreements with respect thereto.  No amendment to this Agreement will binding unless recorded in a documented signed by both parties.  This Agreement and my rights and obligations hereunder may not be assigned, delegated, or transferred without QTI’s written consent and any attempted assignment, delegation, or transfer without QTI’s consent will not be effective.  If any provision of this Agreement is held to be invalid or unenforceable, whether in whole or in part, the remaining portions of such provision (if any) and the other provisions of this Agreement will remain in full force and effect to the maximum extent permitted by law.  This Agreement will be governed by the laws of the State of California, U.S.A. without regard for the choice of laws principles thereof.  The United Nations Convention on Contracts for the International Sale of Good shall not apply.  Any dispute, claim, or controversy arising out of or relating to this Agreement shall be adjudicated only by a court of competent jurisdiction in San Diego, California, U.S.A., and I consent to the personal jurisdiction of such court for any such dispute, claim, or controversy.  QTI and I agree that (i) my action of checking this box constitutes my (and on behalf of my Company)’s acceptance of all the terms and conditions as set forth in this Agreement, and (ii) my typed name below constitutes my full, valid and enforceable signature to this Agreement.