XIV. GENERAL
These Terms & Conditions set out the entire agreement between the Applicants, Shortlisted
Participants, Selected Participants and the Promoter with respect to the Booking
Booster.
These Terms & Conditions apply to the entire legal relation between the
Applicant and the Promoter in relation to the Booking Booster. The Applicant accepts that
the Promoter's decisions shall be final and binding in all respects relating to the Booking
Booster.
The Selected Participants are entirely responsible for assessing and paying all applicable
federal, provincial, state and local taxes in any respect of the Booking Booster including
as to any share of the Fund received, if any, including any income or withholding taxes,
both in the country or countries of their business and in the country where the events take
place. In the event that the Promoter is or may reasonably become obliged to pay any
withholding tax in relation to the Applicant, the Promoter is entitled to deduct such tax
from a grant.
These Terms & Conditions prevail in the event of any conflict or
inconsistency with any other communications, including promotional materials.
The Promoter is not responsible for:
- entries or other communications which are misdirected, lost, delayed, damaged or
corrupted during delivery to or from the Promoter due to any computer malfunction,
virus, bug, delay, erroneous or any other reason whatsoever;
- lost, interrupted or unavailable network, server, telecommunications, Internet Service
Provider (ISP), website, or other connections;
- computer hardware or software malfunctions, failures or difficulties;
- any incorrect or inaccurate information, whether caused by human error, site users,
tampering, hacking, or by any equipment or programming associated with or utilized in
the Booking Booster;
- for injury or damage to Applicants' or to any other person's computer related to or
resulting from participating in the Booking Booster or downloading materials from or use
of the Booking Booster website; or;
- other errors or difficulties of any kind, whether human, mechanical, electronic,
computer, network, typographical, printing or otherwise, relating to or in connection
with the Booking Booster including, without limitation, errors or difficulties which may
occur in connection with the administration of the processing of applications, the
judging process, the announcement of the selected or in any related materials.
Persons who tamper with or abuse any aspect of the Booking Booster or any linked website
or who are in violation of these Terms & Conditions, as solely determined by the Promoter,
are liable to be disqualified and all associated entries will be void.
The Promoter reserves the right (i) at its sole discretion to suspend, modify or terminate
the Selection Process at any time and for any reason, (ii) at its sole discretion to amend
these terms and conditions at any time, and (iii) to withdraw part or all of the Booking
Booster if it cannot be operated as envisaged, or cannot be operated as envisaged without
disproportionate expense.
Application and participation in the Booking Booster is at the Applicant’s own risk. Any
advice, mentoring etc. given by or on behalf of the Promoter and in the context of the
Booking Booster is provided free of charge. The consequences of following up (or not) any
such advice are solely for the Applicant’s account.
Applicants, by participating, agree that to the extent permissible under applicable law and
unless in case of willful conduct of severe negligence of the management of the Promoter,
the Promoter, its parent, affiliates, subsidiaries and advertising and promotion agencies
and all of their respective officers, directors, employees, representatives and agents
(collectively, "Released Parties") will have no liability whatsoever for, and shall be held
harmless by Applicants against, any liability, for any injuries, losses or damages of any
kind, including death, to persons, business or property resulting in whole or in part,
directly or indirectly, from acceptance, possession, misuse or use of the grant or
participation in the Booking Booster including the Selection Process.
The Applicant shall indemnify the Promoter from any and all claims, liabilities, costs and
expenses arising in any way from a breach of the Applicant's obligations, warranties or
representations under these Terms & Conditions or in any way given as part of the Booking
Booster.
Neither the participation in the Booking Booster nor the granting of any funding
constitutes any form of influence, control or participation in the Applicant’s business. The
Booking Booster explicitly is not intended to constitute a distribution, agency, labor,
instruction, joint venture, or cooperation agreement between the Applicant and the Promoter.
These Terms & Conditions, as well as the entire legal relationship between the Applicant and
the promoter as far as it relates the Booking Booster shall be solely governed by the laws
of the Netherlands. Any conflict arising from or in relation to these Terms & Conditions
and/ or the Booking Booster shall be brought to the exclusive jurisdiction of the courts of
the Netherlands.
The Promoter is entitled to transfer it rights and obligations from
these Terms & Conditions and any other rights and obligation in relation to the Booking
Booster, as well as the contract itself, to third parties.