In order to ensure a successful event for everyone, each individual who participates in or has access to the Wine & Spirits Wholesalers of America's Access Live (“Event”) in any manner (each an “Event Participant”) must accept and comply with the Event Participant Terms and Conditions (“EPTC”) as set forth below and as may be modified by WSWA from time to time. 

If you are the Event Participant, you agree to comply with the EPTC and that your failure to do so may result in your immediate removal from the Event without refund and the implementation of additional disciplinary action imposed against you by WSWA including, but not limited to, loss of your eligibility to participate in future WSWA programs and events [and your removal from WSWA membership?]. 

If you are not the Event Participant, by signing this agreement, you are hereby stating that you are an authorized representative of the Event Participant and therefore agree to the EPTC on behalf of the Event Participant.  

The Event 

The Event is the Wine & Spirits Wholesalers of America's Access Live. The Event consists of a trade show, educational programs, networking and social events, and other events and gatherings in connection with the wine and spirits wholesale industry whether hosted or organized by the Wine & Spirits Wholesalers of America, Inc. (“WSWA”) or its exhibitors, sponsors, affiliates, or other supporters. Event Participants must have a commercial connection to the alcohol industry in order to attend the Event.  

Name Badge & Access Pass 

Event Participants must wear their name badge at all times within the Venue and in connection with the Event.  Name badges will be available for printing in the Registration Area. Event Participants who do not wear their name badge will be denied entry to the Event without refund.  Event Participants who lose their badge may receive a replacement badge for a $75 fee.   

Only the person whose name is on the badge is entitled to wear such badge. Event Participants may be asked to provide identification in order to verify that their identification matches that on the badge.  Any Event Participants wearing another person’s badge will be removed from the Event immediately without refund. Name changes and substitution of Event Participants may be made onsite at the Event in the Registration Area.   

Age Restrictions 

Event Participants must be at least 21 years old. No exceptions or refunds will be made.  

Participation Restrictions 

Event Participants may be restricted from participating in certain portions of the Event. The exhibit hall, Access HQ, Main Street Suites and Main Stage Sessions are open to all Event Participants during Event hours. Event Participants authorized to represent an exhibiting company are permitted to access the exhibit hall one hour before and one hour after the hall closes each day. 

Registration 

The Event registration fee is per individual, not per company (unless the company is registering as an exhibitor). Individuals registering certify that they are then-current employees of the company indicated at the time of registration. Name and company will appear on badge as indicated during the registration process. Event registration fees do not include hotel room or room deposits, flights, or incidentals 

If Event Participant chooses to not stay in the hotels associated with the Event (Caesars Palace or Harrah’s) or books outside the room blocks, a higher registration rate will apply.  

For cancellation requests received by WSWA on or before October 13, 2023, WSWA will refund 100% of the registration fee paid less a $75 processing fee. 

For cancellation requests received by WSWA on October 14, 2023 to December 15, 2023, WSWA will refund 50% of the registration fee paid, less a $75 processing fee 

For cancellation requests received by WSWA on after December 16, 2023, no refunds will be made. 

Hotel Information 

The official hotels for the Event are Caesar’s Palace and Harrah’s. To make a reservation at either hotel, please refer to your registration email confirmation which will contain the link to book your hotel room. Or you may contact Catherine Ontko at WSWA (Catherine.Ontko@wswa.org) on or before December 28, 2023. Sleeping room requests are subject to availability. Requests received on or after December 29, 2023 will be honored on a space and rate available basis. A deposit equal to one night's room rate plus tax is required and may be paid by credit card or check payable to the applicable hotel. All room rates are subject to state, local and hotel occupancy taxes. 

Please note that there is an additional registration fee of $425 for Event Participants who are not staying at Caesars Palace or Harrah’s hotels. 

Allergens and Food Safety 

The serving and sampling of food and beverage during the Event is an essential component. As allergens may be present in any food and beverage, Event Participants are responsible to manage any food allergies during the Event by noting any meal restrictions during the registration process and monitoring onsite with catering staff. If you have a food allergy or dietary restriction, please contact Catherine Ontko at WSWA (Catherine.Ontko@wswa.org) and we will make every effort to accommodate.  

Americans with Disabilities Act 

The Event is accessible to all participants. Any Event Participant who has questions or requires special accommodations or auxiliary aids related to a disability in order to participate in the Event should contact Catherine Ontko at WSWA (Catherine.Ontko@wswa.org) WSWA and provide information regarding their needs and request for accommodation. We will make every effort to work with you to accommodate your needs. 

Viewpoints 

Any viewpoints, ideas, recommendations, products, services, and opinions offered during the Event are solely those of person making the statement and do not necessarily reflect the position, policy or opinion of WSWA and should not be construed as a recommendation or endorsement of the viewpoints, ideas, recommendations, products, services, and opinions by WSWA. WSWA shall not be liable for any claims arising out of or related to the viewpoints, ideas, recommendations, products, services, and opinions. Event Participants are encouraged to seek the guidance of trained professionals to address their individual situations. 

Capacity Limits 

Seating for any session during the Event is on a first-come, first-served basis up to the room’s maximum capacity as determined by the Venue’s fire marshal. Once capacity is reached, the session will be closed. 

Changes to Sessions/Speakers 

WSWA works diligently to verify participation of all speakers on the Event agenda; however, there are times when speakers have unexpected circumstances that impact their ability to present at the Event. In such circumstances, WSWA makes its best effort to substitute speakers and/or replace sessions. 

Environmental Stewardship 

WSWA is focused on providing events which are designed, organized and implemented in a way that minimize negative environmental impacts whenever possible. WSWA’s Member Companies nationwide are doing their part in expanding their sustainability practices. 

Unauthorized Solicitation and Distribution of Materials 

Solicitation of business by anyone other than the exhibitors and suite holders is strictly prohibited. Solicitation of business in sessions and meetings is entirely prohibited. Distribution of flyers, pamphlets, notices and brochures in any Venue without the prior written consent of WSWA is expressly prohibited. 

Suitcasing and Outboarding 

Suitcasing is a business practice in which unethical companies will gain access to an event by obtaining some type of event credential and then solicit business in the aisles or other public spaces used for the Event or in a hotel guest room or hospitality suite, or a restaurant. Any vendor who is observed to be soliciting business in the aisles or other public spaces or in another company’s booth will be asked to leave immediately. Please report any violations you may observe to WSWA. 

Outboarding is defined by the International Association of Exhibitions and Events (IAEE) as the creation of a concurrent event that is related to an existing exhibition or event but that is not sanctioned by the organizer and which seeks to benefit from the audience the organizer attracts. WSWA considers outboarding to be unethical business conduct and works diligently to protect our exhibitors’ and sponsors’ investment in the event by taking a firm stance against outboarding. WSWA encourages its exhibitors to host parties and special events to enhance the Event before and after show hours, but these activities should never be functions that compete against those who are making an additional investment in their brand at the Event. 

Animals 

Animals are not permitted at the Event except for service animals trained to do work or to perform a task as set forth in the Americans with Disabilities Act. 

Dress Code 

The dress code at the Event is business casual. 

Personal Data 

As part of Event Participants’ registration for the Event, WSWA uses the personal data provided by Event Participants to inform them of WSWA programs and events, products or news that may be of interest to them, and such other purposes which are within the scope of WSWA’s exempt purpose and mission. 

By clicking on “I Accept” in the registration process, you are providing the WSWA with your express consent for WSWA to also use your personal data as follows: 

WSWA will share the data you provide WSWA with third party vendors in order to process your registration, to make you aware of good and services you may be interested in, to perform analytics on behalf of WSWA in connection with the Event and for such other purposes as WSWA may approve from time to time. 

For further information, please contact us at registrations@wswa.org. 

Conclusion 

Events or circumstances not covered in these Event Participant Terms and Conditions are expressly reserved to WSWA for review and determination. 

Wine & Spirits Wholesalers of America’s 2024 Access LIVE is a trade show owned by Wine & Spirits Wholesalers of America, Inc. (“WSWA”) that provides opportunities for businesses to market their products and services to the wine and spirits wholesale industry. Until this Exhibitor Terms and Agreement (“Exhibitor Terms”) is accepted and approved in writing by WSWA, it does not constitute a contract and in no way obligates WSWA to provide exhibit space to Applicant. 

Venue 

Access LIVE will be held January 29 – February 1, 2024 at Caesars Forum, 3911 KOVAL LANE 

LAS VEGAS, NV 89109 (the “Venue”). The official exposition service contractor is Freeman. 

 Exhibit Space Application Form  

These Exhibitor Terms apply to both the applicant company, as well as any individual(s) attending Access LIVE representing that company (collectively, “Exhibitor”). Exhibitors must ensure that every individual representing its company at Access LIVE must also complete the registration process for Event Participants and accept the Event Participant Terms and Conditions. 

WSWA may reject or revoke any application if, in WSWA’s sole judgement, the applicant is not eligible to exhibit or the product(s) or service(s) is not appropriate for Access LIVE. All applications must include full payment of the applicable booth fee plus any outstanding amounts due to WSWA by the published deadlines. 

Receipt of the completed Exhibitor application after December 1, 2023 may result in being excluded from the WSWA Exhibitors Listing. 

Space Assignments  

Space assignments are based on applicant’s preference, as well as other factors including the Associate Member status of the applicant, date of receipt of the application, number of booths requested, and number of years of convention participation. 

Due to the nature of Access LIVE, an Exhibitor may be located near or next to other exhibitors promoting competing products or services. 

WSWA reserves the right to rearrange exhibit space or adjust the floorplan(s) at any time to accommodate the interests and needs of Access LIVE or to comply with fire, safety, and accessibility regulations. The floorplan(s) maintained by WSWA shall be the official floorplan(s) of Access LIVE. 

Exhibit Restrictions 

WSWA may prohibit or close an exhibit (or part thereof) that WSWA, in its sole discretion, believes is not appropriate to Access LIVE. Such inappropriate exhibits may include without limitation, exhibits that may be found to be offensive, indecent, distasteful, disruptive, odorous, or otherwise unsuitable. Further, WSWA may exclude from future Access LIVE events any exhibitor who violates these terms. 

No Subletting Space  

Exhibitor shall not assign, sublet, or apportion the whole or any part of the space occupied, or have representatives, equipment, or materials from any entity other than its own company in the exhibit space. 

Cancellation Of Exhibit Reservation 

All exhibit booth cancellations must be made in writing and submitted to the WSWA Meetings and Events department via email to molly.fontaine@wswa.org. A one hundred percent (100%) refund, less a seventy-five dollar ($75) processing fee will be provided if WSWA receives notice of cancellation by October 13, 2023. Cancellations received between October 14, 2023– December 15, 2023 will receive a fifty percent (50%) refund of the booth fee. After December 16, 2023, cancellations will not be eligible for any refund. 

Registration With The FDA 

All importers of alcohol products are required to register with the U.S. Food and Drug Administration (the “FDA”) under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the “Bioterrorism Act”). In addition to the registration, the Bioterrorism Act requires that the FDA be provided prior notice of shipments of products being imported into the United States. Prior notice must be received and confirmed electronically by the FDA before the Bureau of Customs will clear products. For more information and to register please visit: https://www.fda.gov/food/guidanceregulation/importsexports/importing/ ucm2006836.htm or call (866) 521-2297. Information can also be found under the Customs section of the Exhibitor Service Manual. International exhibitors MUST provide proof of prior notice registration before shipping product through WSWA’s preferred customs broker. Please refer to the Exhibitor Service Manual for further details. 

Admission To Access HQ (Exhibit Hall) 

Admission to Access HQ, the show exhibit hall, will be by official 2024 WSWA name badges only. Badges must be worn at all times in the show area, including during setup and teardown. All exhibitor personnel must register with WSWA and pay the appropriate fees. Attendees with spouse badges are not eligible to work the exhibit booth. 

Access to Exhibit Space  

Exhibitors shall have access to their exhibit space at specified times as outlined in the Exhibitor Service Manual. Outside of these hours, when the Access HQ is closed, exhibitors shall not have access to their exhibit space. 

Shipping and Product Handling  

Exhibitor understands that all expenses for the shipping and handling of its display, products, and promotional materials and all other costs are incidental to the operation of the display. These extra expenses are not part of the exhibit booth fee and are to be paid by Exhibitor. Shipment of displays and exhibit materials arriving before the first setup day must be sent to Freeman and must arrive pre-paid. Exhibitor is prohibited from shipping materials directly to the Venue. WSWA prohibits distribution and/or sampling of any product outside of the assigned exhibit booth. WSWA retains the right to enforce such prohibition by requesting the Exhibitor to move back into their exhibit booth or in the case of repeated infractions, the offender(s) and/ or the offending company may be removed from Access LIVE. No refunds for registrations of exhibit booth fees will be issued under the enforcement of this policy. 

Transported Alcohol Product 

All alcohol transported into the state of Nevada for the purposes of Access LIVE shall be lawfully delivered to the Venue. Per Nevada state laws, all alcohol products related to this trade show and coming into the state must go through a Nevada-licensed wholesaler. Any package directly shipped to the Venue that is suspected of containing alcohol will be subject to possible search, seizure, and destruction if WSWA suspects that alcohol was transported in violation of Nevada law, and you give permission for WSWA to open, search, seize, and destroy any such packages. 

Exhibit Setup 

Exhibitor agrees and shall comply with all the terms and conditions of the Venue concerning Exhibitor’s transportation, installation, use, and dismantling of the exhibit. Exhibitor is solely responsible for any and all charges related to the shipment and handling of freight delivered to and from Freeman. 

Any space not claimed and occupied by Tuesday, January 30, 2024 at 9:00 am. PST, for which no alternate arrangement has been made with WSWA, may be reassigned by WSWA without obligation by WSWA to provide any refund whatsoever. All displays must be in place, and display materials, cartons, and trash must be removed from the aisles by 9:00 a.m. PST on Thursday, February 1, 2024. WSWA shall not be liable for any damage or loss to the display or materials due to set up. 

Exhibit Tear Down 

Exhibitor shall not dismantle its display or begin to tear down before the close of the WSWA Access HQ at 4:00 p.m. PST on Wednesday, January 31, 2024. If Exhibitor begins teardown before 4:00 p.m. PST on Wednesday, January 31, 2024, Exhibitor agrees to pay an early-departure fee. The early-departure fee is equal to twenty percent (20%) of the booth rental charges. Exhibitor agrees to dismantle its display according to the guidelines in the Exhibitor Service Manual. Exhibitors may hand carry any exhibit materials and products out of the halls on January 31, 2024. If you require crates or larger items to be broken down, this must be done on Thursday, February 1, 2024. No items may remain in the space after 3:00 p.m. PST on Thursday, February 1, 2024. If any display materials remain on the premises after such time, WSWA may remove and dispose of those materials, and Exhibitor agrees to pay for any fees connected therewith. The times for the closing of the WSWA Access HQ, the beginning of teardown, and the vacating of the space are subject to change. WSWA shall not be liable for any damage or loss to the display or materials due to their removal or storage. Exhibitor’s representative must remain in Access HQ until Exhibitor’s display materials have been secured. All products are to be securely packed before leaving Access HQ. Neither WSWA nor Freeman assume responsibility for any exhibit materials left unattended in Access HQ during teardown. 

 
Exhibit Space Regulations 

All exhibits must be freestanding, and nothing may be placed against or lean upon the Venue walls or pillars. No bolts, screws, hooks, or nails shall be driven into or otherwise attached to the Venue walls and pillars. No part of the display may be attached or otherwise secured to the Venue walls, pillars, or floor. In addition, no decals or other adhesive materials shall be applied or affixed to the Venue walls, pillars, or floor. Dollies, carts, and other such devices will not be permitted on the show floor during exhibit hours without the written consent of WSWA. Exhibitor shall become familiar with and adhere to the guidelines found in Freeman’s Exhibitors Service Manual, which can be found on WSWA’s Access LIVE web site.  

Operation And Use Of Exhibit Space 

Exhibitor is not allowed to obstruct the view of, cause injury to, or otherwise adversely affect the displays of other exhibitors. Exhibitor personnel may not enter the exhibit space of another exhibitor and at no time may enter an exhibit space that is not staffed, except their own. Exhibitor shall confine its activities to the exhibit space assigned. 

Furthermore, attendants, models, robots, and employees must confine their activities to the exhibit space assigned to Exhibitor. WSWA is the final authority on all matters relating to the operation and use of exhibit space. 

Exhibitor may not mark, damage, or otherwise deface any part of the building or property belonging to the Venue. Smoke or fog-producing machines, pyrotechnics, and live animals are not allowed on the show floor. Exhibitors are responsible for all damages to persons or property caused by themselves, their hires, or anyone acting on their behalf. This responsibility extends to, without limitation, any damage to persons or property from any item distributed from their booth to attendees. Should such damage occur, Exhibitor is solely liable to the injured person or owner of the damaged property. Exhibitor further agrees to indemnify and hold WSWA and its officers, directors, members, employees, and agents harmless against any and all claims that may arise because of any damage, loss, or injury caused by Exhibitor’s acts, products, services, display, or promotional items. 

Promotional Items 

WSWA prohibits distribution and/or sampling of (and you agree that you will not offer) any product(s) outside of your assigned exhibit space. WSWA can confiscate and/or destroy any products and/or materials that do not comply with this Agreement. Exhibitor and all related entities are prohibited from distributing or permitting to be distributed any advertising pieces, literature, souvenirs, or promotional material in or around the exhibit areas or anywhere in the Venue except from their own allotted exhibit space. 

Audiovisual Equipment 

Video equipment; movie, LCD, or slide projectors; audio players; computers; or sound equipment used in the exhibit space must be self-contained and fireproof. The sound on any audio equipment must be kept at a volume not to exceed that of normal conversation or 80 decibels. Such equipment must not interfere with neighboring exhibitors and must not exceed the height limitations of the exhibit space. Any video or computer display must be devoted exclusively to the business of Exhibitor. WSWA will not be responsible for obtaining any audiovisual equipment needed.  

WSWA reserves the right to restrict the use of glaring or irregular lighting effects. No exhibitor shall show any display item or apparatus in operation if it is noisy or objectionable to surrounding exhibitors or WSWA. 

Musical Entertainment 

Exhibitor must obtain the proper licenses before providing any musical performances or using recorded music. Exhibitor further agrees to indemnify, defend and hold WSWA and its officers, directors, members, employees, and agents harmless against any and all claims that may arise because of violation of this paragraph. 

Retail Sales 

No retail sales, where payment is received and product delivered, are permitted on the show floor at any time. Payment and/or orders may be taken for future delivery.  

Photography And Audio/Video Recording 

Exhibitor agrees that WSWA, including its employees and consultants (such as WSWA-hired photographers) may take photographs and/or record audio and/or video of Exhibitor, anyone acting on Exhibitor’s behalf, and Exhibitor’s employees, hires, display, products, and services during exhibit hours and at any events during Access LIVE. Any photograph or audio/video recording will be (collectively) referred to as the “Footage.” Exhibitor agrees that WSWA and its consultants will have a perpetual, irrevocable license to retain, reproduce, use, alter, display, and distribute the Footage (including Exhibitor’s trademarks displayed therein) in WSWA-related communications (including, without limitation, WSWA’s web site, marketing pieces and social media outreach) and in any other manner consistent with WSWA’s mission. Exhibitor further agrees that no compensation will be paid to Exhibitor by WSWA with regards to the Footage. Exhibitor’s attendance at the Event constitutes their consent to be photographed and video and audio recorded and to all uses of the Footage as noted above. 

Food And Beverage Service 

Exhibitor must first obtain approval from WSWA to provide food service. Upon receiving approval, Exhibitor is not permitted to bring outside food into the exhibit halls but may provide food service by arrangement with the Venue. 

Exhibitor Listings 

Exhibitor grants to WSWA a perpetual, non-exclusive license to use, reproduce, and display Exhibitor’s name(s), trade name(s), and the name(s) of its product(s) or service(s) in any directory or WSWA publication in any media, including, without limitation, print and electronic media. 

No Endorsement By WSWA And Participants 

The exhibiting of services, products, and/or equipment at Access LIVE does not constitute an endorsement by WSWA, its members, or Access LIVE sponsors or attendees. Exhibitor is not permitted to and will not represent in any manner that its goods or services have been endorsed by WSWA, its members, or Access LIVE sponsors or attendees. 

Do No Harm 

Exhibitor agrees to not engage in any conduct or take any action that is illegal or intended to reflect negatively on or harm the reputation or business interests of WSWA or its members. Exhibitor further agrees not to harm, disturb, disrupt, or otherwise interfere with WSWA’s operations, including Access LIVE. Exhibitor shall immediately notify WSWA of any knowledge of or reasonable suspicion of violation of this provision by any exhibitor, attendee, or other entity. 

Adherence To WSWA Policies/Rules/Conditions 

As part of these terms and agreement, Exhibitor agrees to adhere to the guidelines found in Freeman’s Exhibitor Service Manual, as well as all WSWA policies, including, but not limited to, WSWA’s Health and Safety Policy and Privacy Policy. 

Release 

In consideration of the opportunity to participate in Access LIVE, you and the company you represent agree to FOREVER RELEASE, WAIVE, AND HOLD HARMLESS WSWA and/or its members, officers, employees, and agents from any and all liability, injury, damage, loss, or expense that may arise, directly or indirectly, now or in the future, regardless of whether caused by fault on the part of WSWA, in connection with your attendance at a WSWA-hosted in-person event. You understand this release and waiver is intended to be as broad and inclusive as is permitted by law, and that if any portion of this release and waiver is held invalid, the remainder will continue in full legal force and effect. This release and waiver shall extend to and be binding upon you and your estate, heirs, executors, administrators, and personal representatives. 

No Conflicting Events/Activities 

During January 29-February 1, 2024, Exhibitor agrees to not independently (i) sponsor or host an event or (ii) engage in marketing/promotional activities within seven (7) miles of the Venue without the prior written approval of WSWA, which shall not be unreasonably withheld. 

WSWA will have a limited amount of meeting space available at the Venue for such events/activities. 

Fire Regulations 

Exhibitor must conform to all standard fire codes of the host city. Exhibitor shall not allow its display to block the view of or impede access to fire exits, fire alarm boxes, fire hose cabinets, fire extinguishers, or other safety equipment. No gasoline, kerosene, acetylene or other flammable or explosive substance is permitted in the Venue. 

Americans With Disabilities Act Requirements 

Exhibitor agrees to comply with applicable requirements of the Americans with Disabilities Act and its regulations and guidelines (collectively, the “ADA”) and agrees to indemnify, defend, and hold harmless WSWA, and its officers, directors, members, employees, and agents from and against all claims that may be brought against Exhibitor on the basis of Exhibitor’s noncompliance with the ADA requirements. All of Exhibitor’s personnel who may need special assistance or auxiliary aids pursuant to the ADA should contact WSWA as soon as possible. 

No Underage Access 

Due to the nature of the products exhibited at Access LIVE, no one, including models, under the age of twenty-one (21) shall be admitted into any part of the show at any time. 

Security 

WSWA shall provide perimeter guard service 24 hours a day from the time the Access HQ (exhibit hall) set-up begins until the tear down is finished. Exhibitor is solely responsible for the security of its own exhibit materials, and Exhibitor shall obtain appropriate insurance. 

No Misuse Of Badges 

Any misuse of WSWA Access LIVE badges is prohibited. Forms of misuse include (without limitation): allowing someone else to use your badge, counterfeit badges, copying or tampering with a badge, etc. WSWA may confiscate any badges that WSWA suspects is violating this policy. 

Liability 

Exhibitor assumes entire responsibility and agrees to protect, defend, indemnify, and hold the Venue; WSWA; and each of their respective parents, subsidiaries, affiliates, employees, officers, directors, representatives, members, and agents (collectively “Indemnitees”), from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees, and all other costs, fees, expenses and charges which any Indemnitee, its officers, directors, employees, and agents, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of the Exhibitor, its officers, directors, employees, agents, licensees, guests, contractors, or any other person or organization hired by the Exhibitor. Exhibitor's liability shall include, but not be limited to, all losses, costs, damages, or expenses arising from or out of or by reason of any accident or bodily injury or other occurrences to any person or persons, including the Exhibitor, its agents, employees, agents, licensees, guests, contractors, business invitees, or any other person or organization hired by the Exhibitor which arise from or out of the Exhibitor's occupancy and use of the exhibition premises, the Venue, or any part thereof. The term of this section shall survive the termination or expiration of these Exhibitor Terms. 

Exhibitor acknowledges that neither the Venue nor WSWA maintain insurance covering Exhibitor’s property and that it is the sole responsibility of Exhibitor to obtain business interruption and property damage insurance insuring any losses by Exhibitor. 

In holding Access LIVE, WSWA does not act as agent of Exhibitor, the Venue, Freeman, or any other party. 

Inability To Exhibit Due To Cancellation Or Interruption 

Exhibitor acknowledges and agrees WSWA may cancel, delay, shorten, modify the format of Access LIVE for any reason including those beyond its control including, but not limited to, acts of God, shortage of commodities or supplies to be furnished by the facility, infectious or communicable diseases, governmental authority, terrorism, threats of terrorism, or war in the United States. Exhibitor understands and agrees that all losses and damages which it may suffer as a consequence thereof are its responsibility and not that of the WSWA, its directors, officers, employees or agents. Exhibitor understands that it will lose all monies it has paid to WSWA for Exhibit Space in Access LIVE (no refunds will be given), as well as other costs and expenses it has incurred including, but not limited to, travel to the show, setup, lodging, freight, banners, décor, and employee wages. 

Personal Data 

Exhibitors must ensure compliance with applicable laws and regulations including, but not limited to, the European Union’s General Data Protection Regulations (GDPR) and the California Consumer Privacy Act (CCPA). The Exhibitor shall hold WSWA, its directors, officers, employees, agents or subcontractors harmless from any claims arising out or of related to the breach of this provision by Exhibitor, its employees, agents or contractors. The terms of this provision shall survive the termination of these Exhibitor Terms. 

Intellectual Property Matters 

Exhibitor represents and warrants to WSWA that no materials used in or in connection with their exhibit infringe the trademarks, copyrights (including, without limitation, copyrights in music and other materials used or broadcast by Exhibitor) or other intellectual property rights of any third party. The Exhibitor agrees to immediately notify WSWA of any information of which the Exhibitor becomes aware regarding actual or alleged infringement of any third party’s trademarks, copyrights or other intellectual property rights. The Exhibitor agrees to indemnify, defend and hold the WSWA Parties (as defined below) harmless from and against all losses, damages and costs (including attorney’s fees) arising out of or related to claims of infringement by Exhibitor of the trademarks, copyrights and other intellectual property rights of any third party. Notwithstanding the foregoing, none of the WSWA Parties (as defined below) shall be liable for and expressly disclaim all liability for infringement or alleged infringement of the trademarks, copyrights or other intellectual property of any third party arising out of the actions of any Exhibitors. The terms of this provision shall survive the termination or expiration of these Exhibitor Terms. 

Member List 

WSWA does not sell its member list and such list shall be deemed the confidential information of WSWA. Any Exhibitors which are deemed by WSWA to be using its member list shall receive a cease and desist letter from WSWA prohibiting any further use of the its member list. 

Use Of Trademarks 

WSWA, the Access LIVE show logo, the names, acronyms and logos of the Wine & Spirits Wholesalers of America are registered trademarks of WSWA. Participation by an Exhibitor in the Access LIVE does not entitle the Exhibitor to use such names or logos, except that the Exhibitor may use the Access LIVE show logo in reference to the Exhibitor’s participation as an Exhibitor at Access LIVE. 

Drawings/Games Of Chance 

Exhibitors may conduct drawings, games of chance and raffles during Access LIVE provided they are in compliance with applicable law. 

LIMITATION OF LIABILITY 

IN NO EVENT SHALL THE VENUE, WSWA, AND THEIR OWNERS, MANAGERS, OFFICERS OR DIRECTORS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY “WSWA PARTIES”) BE LIABLE TO THE EXHIBITOR OR ANY THIRD PARTY HIRED BY OR OTHERWISE ENGAGED BY THE EXHIBITOR FOR ANY LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING OUT OF THIS APPLICATION AND AGREEMENT OR CONNECTED IN ANY WAY WITH USE OF OR INABILITY TO USE THE SERVICES OUTLINED IN EXHIBITOR TERMS OR FOR ANY CLAIM BY EXHIBITOR, EVEN IF ANY OF THE WSWA PARTIES HAVE BEEN ADVISED, ARE ON NOTICE, AND/OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBITOR AGREES THAT THE WSWA PARTIES’ SOLE AND MAXIMUM LIABILITY TO EXHIBITOR REGARDLESS OF THE CIRCUMSTANCES SHALL BE THE REFUND OF THE EXHIBIT SPACE FEE. EXHIBITOR AGREES TO INDEMNIFY AND DEFEND THE WSWA PARTIES FROM ANY CLAIMS BROUGHT BY A THIRD PARTY HIRED BY OR ENGAGED BY THE EXHIBITOR FOR ANY AMOUNT BEYOND THE EXHIBIT SPACE FEE. FURTHER, EXHIBITOR AGREES TO PAY ALL ATTORNEY’S FEES AND COSTS INCURRED BY WSWA PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE EXHIBITOR TERMS. EXHIBITOR SHALL BE SOLELY RESPONSIBLE FOR ITS ATTORNEY’S FEES AND COSTS. 

Arbitration 

WSWA and Exhibitor shall attempt in good faith to resolve any controversy or claim by negotiation or mediation. If they are unable to do so, the controversy (ies) or claim(s) whether arising under these rules and regulations or otherwise (collectively “Disputes”), shall be resolved by arbitration. All Disputes for arbitration shall be presented to the American Arbitration Association (“AAA”) in accordance with the then-current Commercial rules and the law of the District of Columbia, without regard to conflict of law principles. Arbitration shall be binding and shall afford the parties the same options for damage awards as would be available in court. WSWA and Exhibitor shall allow discovery, and all discovery disputes shall be decided exclusively by arbitration. Any damages shall be awarded only in accordance with applicable law. The parties shall share equally in all fees and expenses of arbitration. Each party, however, shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. In connection with any action seeking to collect monies awarded through the arbitration process, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. 

In any such arbitration proceeding or action seeking to collect monies awarded through the arbitration process, WSWA and Exhibitor consent to venue and jurisdiction in the District of Columbia. 

Entire Agreement 

The Exhibit Registration and these terms represent the entire agreement (“Agreement”) between Exhibitor and WSWA, and there are no other agreements, understandings, representation, or warranties. Any modification of this Agreement must be agreed to in writing by both Exhibitor and WSWA. This Agreement cannot be assigned or otherwise transferred by Exhibitor, unless permission is granted in writing by WSWA. 

The rights of WSWA under this Agreement shall not be deemed waived except as specifically stated in writing signed by an authorized officer of WSWA. 

Waiver 

A waiver or consent given by WSWA on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. 

Severability 

The invalidity or unenforceability of any provision of this Agreement shall not affect or limit the validity and enforceability of any other provision, which shall continue in full force. 

Violations 

WSWA has the right to confiscate the Access LIVE credentials of or to remove the offender(s) and/or offending company for violating any of these Exhibitor Terms. Any violations may impact Exhibitor’s ability to exhibit in future WSWA events. 

Interpretations & Changes 

WSWA reserves the right to interpret, change or modify these Exhibitor Terms as well as the location, date or time related to Access LIVE as deemed appropriate by WSWA. 

Event Participants must treat all other Event Participants with respect and create a collegial, inclusive, and professional environment. Event Participants will value a diversity of views and opinions by communicating openly with respect for others. Event Participants shall not verbally abuse any individual. Event Participants shall not discriminate, harass, or intimidate on the basis of gender, race, gender identity and expression, sexual orientation, physical or mental disability, physical appearance, age, religion, national origin, veteran status, citizenship, or professional rank. Any Event Participant requested to stop unacceptable behavior is expected to comply immediately. 

Expected behavior: 

• Exercise consideration and respect in your speech and actions. 

• Attempt collaboration before conflict. 

• Refrain from demeaning, discriminatory, or harassing behavior and speech. 

• Be mindful of your surroundings and of your fellow Event Participants. Alert WSWA staff if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential. 

Unacceptable Behavior: 

• Harassment and discrimination include any verbal, physical, or visual conduct based on sex, sexual orientation, gender expression or identity, transgender status, race, age, national origin, or disability; 

• Inappropriate display, sharing or use of nudity and/or sexual images in public spaces (including presentation slides); 

• Any physical or verbal intimidation, stalking or following of attendee(s); 

• Harassing, photographing or recording of attendee(s); 

• Sustained disruption of sessions, talks or other events; and 

• Inappropriate physical contact, and any unwelcome sexual attention (physical or verbal) 

Any boisterous, lewd or offensive behavior or language, threatening, intimidation, coercion, use of sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs. 

Do No Harm 

Event Participants may not engage in any conduct or take any action that is illegal or intended to reflect negatively on or harm the reputation or business interests of WSWA, the Event and other Event Participants. Event Participants shall not harm, disturb, disrupt, or otherwise interfere with the Event or the Venue. Event Participants should immediately notify WSWA of any knowledge of or reasonable suspicion of a violation of this policy. 

Alcohol Consumption 

Event Participants who consume alcoholic beverages must do so in a reasonable manner. Venues, exhibitors, and other hosts may refuse to serve alcoholic beverages at the Event to any Event Participant who appears intoxicated. 

Weapons and Hazardous Items 

The Event is a completely gun-free zone. Firearms, weapons (including weapon replicas), ammunition, dangerous or hazardous devices or substances, and illegal items are prohibited at the Event. Event Participants are required to adhere to Venue and Event policies regarding firearms as well as all federal, state and local laws regarding firearms. Event Participants acknowledge all bags are subject to search and metal wand screening. 

Health and Safety 

The responsibility for a healthy and safe event environment is shared by every Event Participant. Event Participants must adhere to and abide by health and safety protocols implemented for the Event including as they may be modified. Any Event Participant who is feeling unwell should not attend the Event. Event Participants may wear a face covering based upon personal preference. 

By attending the Event, Event Participants acknowledge and agree the contagious nature of any communicable disease and voluntarily assume the risk that they may be exposed to or infected by any such communicable disease by attending the Event. 

This Code provides general guidelines and cannot cover every possible type of unacceptable behavior. 

Any Event Participant who overhears, witnesses or experiences a violation of the Code of Conduct during the Event should contact a WSWA team member. If you cannot find a team member or would like to report a violation after the Event, you may email eventconduct@wswa.org.  

WSWA, its employees, agents and contractors may take photographs and/or record audio and/or video of Event Participants during the Event. Any photograph or audio/video recording will be (collectively) referred to as the “Footage.” Event Participants agree that WSWA and its designees will have a worldwide, exclusive, perpetual, and irrevocable license to retain, reproduce, use, alter, display, and distribute the Footage (including exhibiting company’s trademarks displayed therein) in WSWA-related communications (including, without limitation, WSWA's web site, marketing pieces and social media outreach) and in any other manner consistent with WSWA’s mission. Event Participants further agree that no compensation will be paid to Event Participants by WSWA with regards to the Footage. An Event Participant’s attendance at the Event constitutes their consent to be photographed and video and audio recorded and to all uses of the Footage as noted above. 

Video and Photo Usage 

WSWA reserves the right to restrict an Event Participant’s from audio and/or video recording at the Event for any reason. Event Participants agree to adhere to any such restrictions including those relating to special booth appearances or educational sessions. Only authorized media and WSWA representatives may be granted permission to capture audio, video and photographic content at Event. Images or audio obtained at the Event may not be sold or repackaged for commercial use. 

Technology Use 

As a courtesy to Event Participants, WSWA requests that all electronic devices be silenced during sessions and other programming. Event Participants needing to use their device for something other than session participation should step outside the meeting room in order to avoid disturbing other Event Participants.