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Last Revised: 11/21/23

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Important: To avoid any problems or misunderstandings, please read this document carefully before signing.

 

Compliance

The Exhibitor assumes all responsibility for compliance with all pertinent ordinances, regulations, and codes of duly authorized local, state, and federal governing bodies concerning fire, safety, health, together with the rules and regulations of the operators and/or owners of the property wherein the events are held.

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Contracting exhibit space

Contracts will not be accepted or confirmed until show management receives the required payment. Contracts and payments received 14 days or less prior to the event, shall be made by cash, credit card, money orders, or certified checks only. No personal or company checks will be accepted.

 

Demonstrations & Merchandise

No demonstrations or solicitations shall be permitted outside of the Exhibitor’s assigned space. Distribution by the Exhibitors of any printed matter, samples, or other articles shall be restricted to within the confines of the Exhibitor’s booth. Exhibitors shall not have or operate any display that is the source of objectionable noises, odors, decorations, or other aspects which are considered by show management to be obscene, objectionable, or interfering with surrounding displays, including signs, lights, noise, and costuming of exhibit personnel. Only those products listed in the contract will be eligible for sale or samples.

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Event Hours

Exhibitors will be allowed into the building one hour prior to opening each day. Booths must be occupied at all times during event hours.

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Exhibit Requirements

All booth arrangements must comply with the dimensions and height requirements specified by the show management. The maximum height of a booth should not exceed 10 feet from the floor unless prior written permission is obtained from the show management. The size of the booth should not exceed the contracted space. Exhibits should be arranged so that they do not obstruct the general view or access to surrounding displays, aisles, or public space within the exhibit facilities. If you need end-of-aisle space, please contract it in advance, as an additional charge applies. Please note that having a trailer as part of your display may limit your location on the floor plan. Also, buildings do not allow any vehicles inside that have propane tanks attached. Additionally, any motorized vehicle must comply with battery and gas level regulations.

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Liability

The Community of Automotive Professionals, its employees, show chairman, or national and local corporate sponsors, their predecessors, principals, parents, heirs, successors, assigns, subsidiaries, affiliates, commonly controlled entities, companies, enterprises, ventures, partners, insurers, investors, attorneys, officers, shareholders, directors, agents, representatives employees, clients, administrators, executors, personal representatives, heirs or successors in interest and assigns, and each of them, shall not be held liable for, and the same are hereby released from liability for any damage, loss, harm, or injury to the person(s) or property of the Exhibitor or any of its predecessors, principals, parents, heirs, successors, assigns, subsidiaries, affiliates, commonly controlled entities, companies, enterprises, ventures, partners, insurers, investors, attorneys, officers, shareholders, directors, agents, representatives employees, clients, administrators, executors, personal representatives, heirs or successors in interest and assigns, and each of them, resulting from theft, fire, water, accident, or any other cause.

This information covers the basic rules as they apply to all Community of Automotive Professionals and CarFest shows. Exhibitor agrees that conditions, rules, and regulations are made a part of this contract and that said Exhibitor agrees to be bound by each and all of these conditions, and that show management shall have the full power to interpret, amend, and enforce all rules and regulations in the best interest of the event.

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Liability Insurance 

All vendors are required to carry liability insurance for the CarFest weekend amounting to $500,000 each person/ $500,000 each occurrence of bodily injury and $500,000 each occurrence for property damage. This requirement includes providing a certificate of insurance naming The Community of Automotive Professionals and CarFest as additional insureds under the policy and disclosing the correct coverages, dates, insurance carrier, and policy number.

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Lighting

Spotlights and floodlights must be located in such a way as not to interfere with or annoy other exhibitors or spectators. Exhibitors are prohibited from accessing building column panels or outlets or floor outlets without permission.

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Live Animals

No animals of any kind are permitted without written approval from the show manager at least two weeks prior to move-in date. Service animals for persons with disabilities are permitted. In accordance with the ADA, service animals must be properly documented and handled.

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Move-in 

All display booths must be at the show building during the scheduled move in times. Space will not be held after close of scheduled move-in day unless prior arrangements are made with show management or vendor will forfeit space and deposit.

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Move-out 

The official closing time on the final day of the event is 6:00 PM; however, vendors must wait until security or a CarFest representative deems it safe to breakdown. Vendors cannot breakdown while the public is still in the building. 

Move-out will begin after 6:30 pm on Sunday. No one will be allowed to tear down or leave the building until that time unless permission and appointed time is obtained by the producer. If these terms are violated, you will not be asked to return for future CarFest events.  

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Payments and cancellation 

All cancellations of contracted space must be received in writing. All payments received are non-refundable, regardless of cancellation.

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Product Guidelines

The Community of Automotive Professionals, DBA CarFest SA, retains the right to decline the display of certain products. Unacceptable items and displays may consist of, but are not limited to, the following: items containing offensive language, laser lights for sale or display, tobacco products, tattoos, body piercings, live animals, reptiles, and fish, food items that compete with our concessionaire, amusement or mechanical rides, selfie-sticks, drones, displays with political messages and raffles, and weapons (including but not limited to guns and ammunition, knives, swords, spears, arrows, etc. whether real, toy, or replica). CarFest SA has the authority to declare products unacceptable at any time during the application process or while on the CarFest grounds. If any unacceptable items are found, they must be removed from the booth space immediately, and the vendor may be expelled from the property for non-compliance with vendor rules or a request to remove an unacceptable item.

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Property Damage

Nothing shall be tacked, nailed, screwed, glued, taped, or otherwise attached to drapes, columns, walls, floors, or other parts of the building or furniture. If violated, Exhibitor assumes all responsibility including payment for the repair and/or replacement of the damaged property.

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Security

Show management provides 24 hour guard service for surveillance of the premises; however, the Exhibitor is responsible for his own products. It is highly recommended that you remove any products not securely fastened to your display when exhibit is not occupied.

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Selling Restrictions

No sale of merchandise with the CarFest logo is permitted without express written consent of show management. Exhibitors must honor all building concession rights. The building management and show management has the final say as to concessions, and Exhibitors must comply with their reasonable requests.

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Sound

Exhibitors operating motion picture or recorded video tapes, CD’s, DVD’s, record players, radios, loudspeakers, PA systems, or any noise generating equipment and devices shall do so only at a level which will not interfere with other exhibitors or add unduly to the general background noise as determined by show management.

 

Space Requirements

Your rental includes your allotted space, and 8’ backdrop drapery. You will be responsible for electric, lights, stanchions, or any other equipment you might require for your booth contract.All merchandise, displays, fixtures, signs, chairs, and property of the vendor must fit into the designated booth space and may not extend into the aisle in any way. 

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Subcontracting space

Absolutely no subcontracting of booth space is permitted.

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Trademarks

Certain trademarks and copyrights are the property of CarFest or their divisions and/or partners and cannot be reproduced in any manner or any merchandise, souvenir items, or apparel by anyone other than the licensed parties. If unsure about usage, please consult show management for written approval. Additionally, the use of the terms “official, annual, official souvenir, or commemorative” with items sold at the event is strictly forbidden and is strictly reserved for the official souvenir sales committee. 

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Vehicle Exhibits

If you wish a car(s) in your exhibit to be in competition, a separate application must be submitted to the show chairman for approval. Any vehicle must comply with local gas level regulations and have the battery disconnected.

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Booth Design Guidelines for Exhibitors

Advertising

Vendor is permitted to advertise only in their assigned space. Advertising by means of posters, handbills, flyers, etc. on buildings, trees, restrooms, posts, parked vehicles or other areas is not permitted. 

 

Appearance

If an item does not relate to vendor’s specific theme or product, does not enhance the appearance of the vendor space, or is not for sale, it does not belong in view of the public (ex: boxes, containers, fans, food, soda cans, TVs, etc.). 

 

Aisle Clearance and Accessibility

Merchandise, displays, fixtures, signs or any other property of the vendor may not extend into the aisle. All elements of the booth must be totally contained within the marked space. Vendors who have a space that is accessible from two aisles must leave at least 50% clearance on all sides to allow patron access. See image.

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Booth Size

Each booth is a specific size (refer to contract for exact size). Booths must be set up inside the allocated space. Walls cannot protrude into aisles, etc. Chairs must be situated within the booth space. Please plan the display before arriving for set-up to avoid complications. 

 

Building Temperatures

The show will make every effort to ensure the building temperatures are set at a comfortable level. Vendors located near entry and exit doors should be prepared for outside conditions, i.e. wind, cold, and heat. 

 

Chairs

If chairs are needed for booth, chairs must be set up within the booth space. Lawn chairs are not permitted. See Rentals. 

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Cleaning

Vendors are responsible for keeping their booth clean and free of trash at all times.

 

Display

Equipment and Merchandise Vendors shall provide adequate props to merchandise booth in an attractive manner. Displays and fixtures must be structurally sound and secure. Reminder: vendors can only merchandise items that were registered and approved. Any items not juried in advance will be removed from the booth.

 

Microphones

Microphones will not be permitted. “Hawking” or calling customers over to booth is prohibited. Exceptions must be submitted in writing prior to the Show and approved by the show management. Any approved microphone use will be subject to sound monitoring. 

Prohibited Merchandise

CarFest SA is a family event. Merchandise with inappropriate slogans, graphics or suggestive sexual connotation will not be allowed.

 

Storage

Storage boxes and extra inventory must be hidden. Boxes may not be stacked in the back of booth or visible from underneath the tables. It is permissible to use boxes as part of a merchandise display (i.e. boots, hats). The merchandise display cannot exceed the height limit of the booth. The event does not provide areas for extra storage. 

 

Video Monitors & Televisions

Video monitors and televisions that enhance and aid in the presentation of products will be allowed with The show manager’s approval. Viewing ball games, soap operas, movies, etc. will not be permitted. Show management will monitor sound volume. Show Management reserves the right to determine at what point sound constitutes interference with other booths and must be adjusted or disconnected. 

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Booth Operation Guidelines for Exhibitors

 

Body Piercing 

Body piercing services are not allowed due to health department regulations. 

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Booth Staffing 

Booth owner shall ensure that all employees staffing the booth are familiar with the products and services being sold as well as the rules and guidelines in this Handbook. Vendors are responsible for any claims, liabilities and actions relating to the conduct of their personnel. 

 

Change 

Please come daily with sufficient change. CarFest will not have the capability to provide change, and there is no facility on the grounds that can assist with providing change. 

 

Conduct 

CarFest SA promotes equal opportunities and participation with no distinctions based on race, color, gender, sexual orientation, religion, disability, national origin or other considerations. Notwithstanding other provisions included in this Handbook, violation of this policy could result in immediate termination of the vendor’s lease agreement, requiring the vendor to vacate the leased space and forfeit all monies paid to date.

 

Dress 

Special dress or attire is not required; however, all vendors should be dressed appropriately and professionally. 

 

Food Vendors

Vendors who intend to sell or distribute food or drink are required to inform show runners at the time of contract signing, including a specific description of the food or drink intended to be served. Vendors who fail to alert showrunners of their intention to distribute or sell food or drink as noted above at the time of contract signing will not be able to sell or distribute food or drink during the Event. Vendors must also be in compliance with Metro Health requirements regarding any and all hand washing stations, overhead coverings, etc. A complete list of these items can be found at https://www.sanantonio.gov/Portals/0/Files/health/FoodLicensing/TempEventRequirements2020.pdf

 

Product Exclusivity

Vendors will not be granted exclusive rights to exhibit, promote, demonstrate, and/or sell products or services. Depending upon the terms of CarFest SA Sponsorship agreements, exclusivity or competitive protection may be given to Corporate Partners of the CarFest SA.

 

Returned Checks 

If a check to CarFest is returned for ANY reason, check-writing privileges will be lost and a $35 administrative fee will be assessed. 

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Smoking 

Smoking is prohibited in all indoor venues. This includes the use of e-cigarette and vaping devices.

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Tip Jars/Donations

Solicitation of tips and donations are not allowed at any vendor’s booth. Any booth with a tip jar will be in violation of their event contract and subject to a violation notice placed in their file, which may affect future consideration of event participation. 

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Violation Notices 

This handbook is part of the License Agreement. Non-compliance with any part of this book is considered a breach of the Agreement. A breach of the Agreement may be cause for Agreement termination and dismissal. Vendor will first receive a verbal warning with a reasonable amount of time to correct the situation. If the violation is not corrected, a written notice of correction will follow. If the matter is not resolved, the Show Manager will determine what action will be taken to remedy the situation. 

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Weather

Regardless of weather, all booths are to remain open during the posted hours of the Show. Vendors located outdoors should make provisions to protect their set-up and stock from sun, wind, inclement weather, flooding, etc.

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Drawings, Lead Taking, Prizes

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Drawings 

All Drawings to occur during the CarFest 2024 must be approved and scheduled prior to 6:00 pm on April 7, 2024. A CarFest representative must be in attendance at the time of the drawing. Vendor agrees to provide CarFestSA the name, mailing address, email address, and phone number of winner, description and dollar amount of prize, and method of awarding prizes of the winner. 

 

Lead Taking & Prizes 

Lead taking, prizes, or give-away drawings for prizes by vendor which require the patron to submit name, mailing address, email address, and phone number to be eligible are prohibited unless authorized by the show manager. The vendor will assume responsibility for the delivery of prizes. 

 

SERVICE ANIMALS 

Service animals are defined as dogs that are individually trained to do work or perform tasks for persons with disabilities. Such animals are welcome in areas where the public is normally allowed to go. Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the service animal through voice, hand signal, or other effective controls. All service animal pet waste must be disposed of properly. 

All other animals, including comfort animals, emotional support animals, and therapy animals are prohibited.

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TERMS AND CONDITIONS  AND PRIVACY POLICY FOR SMS MARKETING

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS 

 

  • Text Marketing. By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. reminders) from Community Of Automotive Professionals/CarFest at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.

 

Community Of Automotive Professionals (hereinafter, “we”, “us”, “our”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy and our general terms of use agreement. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms, our Privacy Policy, and general terms of use agreement.

 

1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and general reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed 10 messages per month]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts. 

 

2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at info@carfestsa.org. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary. 

 

3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed. 

 

4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program. 

 

5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.



 

PRIVACY POLICY 

 

This Privacy Policy explains how C.A.P (Community of Automotive Professionals)/CarFest collects, uses, and discloses personal information of its customers, prospective customers, and visitors to its website at www.carfestsa.org

 

COLLECTION OF PERSONAL INFORMATION 

 

Information collected directly from you: We may collect personal information directly from you, for example [through a web form, during an online or in-person registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout.] Personal information we collect directly from you may include [first and last name, address, email address, and phone number.] 

 

Information collected from your device: Our website may use tracking technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device, including for example [your IP address, browser and operating system information, geographic location, referring website address, and other information about how you interact with the website.] Our website may also use cookies to personalize your experience and enable certain features. You may disable cookies in your web browser however parts of our website may not function properly. More information about blocking and deleting cookies is available at http://www.allaboutcookies.org. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics. 

 

Information collected from our advertising partners: We may collect personal information about you from our advertising partners. Personal information we collect from our advertising partners may include [your demographic information, shopping history, and geographic location.] 

 

DISCLOSURE OF PERSONAL INFORMATION

 

  • We use Constant Contact for our email marketing and text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact-data-notice. 

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  • We use Wix.com to help us understand how visitors interact with our website. Wix.com uses and processes your information in accordance with its privacy policy available at https://www.wix.com/about/privacy.

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We may also share your personal information if necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

 

EMAIL AND TEXT MESSAGE COMMUNICATIONS 

 

If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. 

 

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available above.

 

YOUR PRIVACY RIGHTS:

 

You may have the right to request access to the personal information we hold about you, to port it to a new service, or to request that your personal information be corrected or deleted. To exercise any of these rights, or if you have any questions about this policy or our privacy practices, please contact us at:

 

Community Of Automotive Professionals / CarFest

8403 SPEEDWAY DR.

SAN ANTONIO, TX 78230

info@carfestsa.org

 

CHANGES TO THE THIS PRIVACY POLICY 

We may update this Privacy Policy at any time. Please review it frequently. 

1. SPONSOR: CarFest (“Sponsor”), will sponsor a promotion (“Promotion”) as part of a survey (“Survey”), sent in July 2023.

2. ELIGIBILITY: This Promotion is open to individuals who: (i) completed the Survey and provided their email address (“Registrant(s)”); (ii) are legal residents of a state of Texas in the United States of America; and (iii) have reached the age of majority, at the time of their entering this Promotion, in the state where they reside.
Employees (and their immediate family members and members of the same household) of Sponsor and its affiliates, agents, advertising or promotion agencies are not eligible to participate in this Promotion. All winners in this Promotion must meet these eligibility requirements to receive the prizes.

3. ABOUT THIS PROMOTION & PRIZES: This Promotion, beginning on Thursday, July 6, 2023 and ending at 5PM on Friday, July 14, 2023, consists of a drawing (“Drawing”) with one winner. The Drawing will take place on Monday, July 31, 2023.
One (1) prize will be awarded in this Promotion. The odds of winning depend on the number of eligible Registrants. The Drawing prizes will consist of:

  •  One HEB gift card, valued at $500

All prizes are non-assignable and non-transferable and are not redeemable, exchangeable, or substitutable for cash. All taxes and other expenses associated with the prize (unless otherwise stated herein) are each winner’s sole responsibility. The sponsor is not responsible for any lost shipment, or damage during shipment, prize quality, utility or otherwise. All prizes are
awarded “AS IS” and WITHOUT SPONSOR WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

4. HOW TO ENTER: Those on our email list may complete a readership survey. Those who complete the survey and enter their email addresses by 5 PM Friday, July 14, 2023 will be entered into the Drawing.

5. SELECTION OF WINNER: The winner of the drawing will be notified by email.

6. TO CLAIM PRIZE: To claim a prize, each winner must accept the prize within 48 hours of the Sponsor sending of the email by following the directions in the email. If a winner fails to comply with any of the provisions of this Official Rules, such winner will be deemed to have forfeited the prize, in which case Sponsor will award the prize to an alternate winner.

7. DELIVERY OF PRIZE: Within ten (10) days after its receipt of all the requisite documents (completed and signed) from a winner, Sponsor or donor of prize will, at its own expense, arrange for the shipment of the prize to the mailing address provided by the winner, via ground shipping (specific delivery method and service vendor to be determined by Sponsor or donor of prize). Prizes will be awarded to winners directly from the donor of the prize.

8. PERSONAL INFORMATION: By law, the Sponsor is required to release a list of the winner if requested. If such a request occurs, the Sponsor agrees to notify winners prior to the release of the list of winners.

9. GENERAL: This Promotion and these Official Rules will be governed by and construed in accordance with the laws of the state of Texas, U.S.A. Registrants consent to the jurisdiction and venue of the federal, state, and local courts located in Texas. Sponsor and its affiliates will not be responsible or liable for: (i) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (ii) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (iii) any disruptions, injuries, losses or damages resulting from causes beyond Sponsor’s control; or (iv) any printing or typographical errors in any materials associated with this Promotion. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Promotion should any
virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of this Promotion. Sponsor reserves the right, at its sole discretion, to disqualify any entrant if his or her fraud or misconduct affects the integrity of this Promotion. By participating in this
Promotion, each entrant accepts the terms and conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor, and warrants that she/he is eligible to participate in this Promotion.

10.  WINNER NAME: For the name of the winner in this Promotion, send a Self Addressed, Stamped Envelope (S.A.S.E) to Carfest, 8411 Speedway Dr., San Antonio, TX 78230, after Aug 1, 2023. The winner's name will not be made available until after the winner in this Promotion has been determined and notified.

Last Revised: 01/01/24

Important: To avoid any problems or misunderstandings, please read this document carefully before signing.
 


 

Insurance

Sponsor shall, at its own expense, obtain and keep in force at all times during the term of the Agreement the following insurance coverage in favor of Sponsor and C.A.P.; Bexar County, Texas (“County”); Community Arenas Board (“CAB”); Community Arena Management (“CAM”); and San Antonio Spurs, LLC (“Spurs”): 
 
Sponsor’s insurance shall provide limits of general liability of no less than $1,000,000 Each Occurrence and $2,000,000 General Aggregate/Products and Completed Operations Aggregate. Sponsor also shall have umbrella or excess liability coverage of no less than $1,000,000 Each Occurrence and $1,000,000 General Aggregate. 
 
Automobile Liability limits shall be no less than $500,000 Combined Single Limit for Bodily Injury and Property Damage. 
 
Workers’ Compensation coverage must be at least minimum statutory limits affording coverage under the Workers’ Compensation laws of Texas, with Employer’s Liability Insurance having limits of $1,000,000 Each Accident, $1,000,000 Disease - Each Employee, $1,000,000 Disease-Policy Limit with a waiver of Subrogation endorsement in favor of C.A.P.
 
Evidence of such insurance shall be set forth on a standard ACORD, Form25 (2014-01) and Sponsor shall add C.A.P., County. CAB, CAM, and Spurs as Additional Insureds (without condition or cost to C.A.P., County, CAB, CAM, or Spurs) under Sponsor’s Commercial General Liability (including Products and Completed Operations coverages), Umbrella Liability and Commercial Automobile Liability policies. 
 
The Certificate of Insurance shall contain a 30 day Notice of Cancellation provision requiring notice to C.A.P. Sponsor shall email a copy of the Certificate of Insurance to 
sponsors@carfestsa.org
 
The Additional Insured endorsements for the required insurance policies and coverages 
shall be in the form of CG 20 37 07 04 or equivalent wording for the Commercial General Liability policy, and form TE 99 01B (03-09) or equivalent wording for the Automobile Liability. Waiver of Subrogation endorsement for Workers’ Compensation/Employers’ Liability coverage shall be in the form of WC 420304B or equivalent wording. 
 
If Sponsor uses Temporary or Leased Employees, Sponsor shall obtain an “Alternate 
Employers Endorsement” to its Vendor’s Workers’ Compensation and Employer’s Liability Policy, in addition to the Waiver of Subrogation in favor of C.A.P.
 
Certificates of Insurance must have Additional Insured endorsements and Waiver of Subrogation attached or they will not be accepted. 
 
The above information and insurance requirements, including but not limited to, named Additional Insureds and Limits of Liability, are subject to change at the sole discretion of C.A.P.
 
Non-Cash Consideration
 
1. Use of Sponsor Logos.   Except for the use of Sponsor’s logos or other identifying materials as contemplated by this Agreement, (i) the use of any Sponsor logos, or other Sponsor identifying materials, shall at all times be under exclusive control of Sponsor, and (ii) C.A.P. shall obtain Sponsor’s approval prior to using any of Sponsor's logos or identifying materials in any many not contemplated by this Agreement. 
 
2. Use of C.A.P.’s Intellectual Property.   Sponsor shall not in any way use or make reference to any logos or other identifying materials, or any intellectual property of C.A.P., including, without limitation, the mark “ CarFest SA,” at any time, whether in connection with this Agreement or otherwise, without the prior written consent of C.A.P. To the extent C.A.P. has authorized the use of its logos or other intellectual property by Sponsor, Sponsor’s use of such logos or other intellectual property shall (i) at all times be under exclusive control of C.A.P., and (ii) Sponsor shall only use such logos or other intellectual property in the manner and to the extent authorized by C.A.P. 
 
3. Pass-through Rights.   Sponsor has no authorization to allow any other brands/products associated with their organization/brand to receive any assets of this agreement. 

 
4. INDEMNIFICATION AND RELEASE.   SPONSOR HEREBY INDEMNIFIES, RELEASES AND HOLDS HARMLESS, AND AGREES TO DEFEND, C.A.P., COUNTY, CAB, CAM AND SPURS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OWNERS PARTNERS AGENTS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY DEMANDS. CAUSES OF ACTION, PROCEEDINGS, FINES, PENALTIES, LOSSES, LIABILITIES, DAMAGES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR CLAIMS FOR INJURIES TO PERSONS, INCLUDING DEATH OR DAMAGE TO PROPERTY (COLLECTIVELY, “LIABILITIES”) TO WHICH THE RELEASED PARTIES, OR ANY OF THEM, MAY BECOME SUBJECT, WHICH ARISE FROM OR IN CONNECTION WITH, OR IN ANY WAY RELATE TO (1) ANY BREACH BY SPONSOR OF ANY OF THE TERMS OF THIS AGREEMENT; (II) ANY ACT OR OMISSION BY SPONSOR OR ANY OF ITS AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, INVITEES, OR GUESTS, INCLUDING ANY NEGLIGENT ACT OR OMISSION OR WILLFUL MISCONDUCT; OR (III) SPONSOR’S PARTICIPATION IN, INVOLVEMENT WITH OR ATTENDANCE AT ANY C.A.P. EVENT, INCLUDING, ALL SUCH LIABILITIES RESULTING FROM THE NEGLIGENCE OF OR ANY OF THE OTHER RELEASED PARTIES. SPONSOR HEREBY ACKNOWLEDGES AND AGREES THAT THE FOREGOING INDEMNITY AND RELEASE PROVISIONS INCLUDE INDEMNIFICATION AND RELEASE BY SPONSOR FROM AND AGAINST THE RELEASED PARTIES’ OWN NEGLIGENCE.
 
The foregoing indemnification and release provisions are intended to have the broadest 
possible legal effect and to release and indemnify the Released Parties against all Liabilities of every sort known or unknown, foreseeable or unforeseeable, future or contingent. 
 
Sponsor COVENANTS NOT TO SUE any of the Released Parties for or based on any 
claim or other matter that is released in the Agreement, and agrees not to bring, prosecute, or participate in the prosecution of any suit or action based on or for any such claims or other matter. 
 
5. Force Majeure.   The obligations of the parties hereto shall be excused during such time and to the extent that performance of the parties respective obligations (i) are made impossible by any occurrence or act beyond the parties' control, including, without limitation, any action of the elements, riots, fire, war, acts of God, or any ruling, ordinance, law, regulation or pronouncement of any federal, state, or local government body having jurisdiction over a party hereto, and (ii) such impossibility is not due, or in any way caused by the fault or negligence of the party seeking to be excused from its obligations hereunder. 
 
6. Conformance with Applicable Laws.    In performing its obligations hereunder, Sponsor at all times shall conform in all material respects to all relevant federal, state and municipal laws, ordinances and regulations applicable to Sponsor or its conduct hereunder. 
 
7. Assignment.   This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their successors and permitted assigns, Neither party may assign this Agreement or any of its respective obligations hereunder without the prior written consent of the other party hereto. 
 
8. Entire Agreement.   This Agreement contains the entire agreement and understanding among the parties with respect to the subject matter hereof, and no representations, promises, or understandings, written or orals, not herein contained shall be of any force or effect. This agreement shall not be amended except by the written agreement of C.A.P. and Sponsor. No waiver of any provision of this Agreement shall at any time be deemed a waiver of any other provision hereof, or of the same provision at any other time. 

9.    Any notice required or permitted to be provided hereunder shall be in writing and shall be deemed to have been given if personally delivered or if sent by first class mail or by a nationally-recognized overnight courier with charged prepaid to the party at its respective address as set forth below:

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