TCG Application

Bring your brand to one of the most unique conventions hitting the Midwest. Y2KCon celebrates everything that made the 2000s legendary — anime, gaming, pop culture, fashion, and more. Connect with thousands of fans who are ready to shop, discover, and support vendors like you.

Applications are open now. Space is limited.

 
TCG Table — 6ft

1 6ft Table
2 Chairs

2 Exhibitor Badges

# Y2KON VENDOR TERMS AND CONDITIONS

The company, its employees, and agents, as described and filled out by the applicant on this application, is herein referred to as **Exhibitor**. Y2KON, the show management, is herein referred to as **Y2KON**. The show itself is herein referred to as the **Exhibition**.

The actual occupancy of the space taken by Exhibitor is of the essence of this License. If Exhibitor does not occupy such space, Y2KON is authorized to occupy such space or to cause such space to be occupied as Y2KON deems in the best interest of the Exhibition without in any way releasing an Exhibitor from any liability hereunder. Y2KON reserves the right to relocate the Exhibitor. It is further agreed that the conditions, rules, and regulations printed on this License or any attachments hereto, and in the exhibitors' manual, as any of such may be amended from time to time, are made a part hereof as though fully incorporated herein, and Exhibitor agrees to be bound by such. Carefully read the "Cancellation Policy" to ensure you fully understand your rights and financial obligations. This policy will be strictly enforced. **Contract Acceptance:** This contract shall become binding and effective when Exhibitor purchases booth space for Y2KON.

## CANCELLATION POLICY

In the event Exhibitor seeks to cancel this License or withdraw from the Exhibition, Exhibitor may only do so by giving written notice to Y2KON, by vendor email. The date of cancellation, withdrawal, or downsize in space as applicable shall be the date on the notice. 90 days out, 50% of booth fees shall be refunded in the form of a voucher. Within 30 days of the event, the booth will be completely forfeited and no refund will be made available.

## EXHIBITS AND MATERIAL

Exhibits will be limited to those companies or other entities offering materials, products, or services of specific interest to registrants. Y2KON reserves the right to determine the eligibility of any product for display. Exhibiting manufacturer's representatives and/or distributors must list their participating principals as the exhibitors of record. Only the sign of Exhibitor may be placed on the booth or in the printed list of exhibitors of the Exhibition. No exhibitors or advertising will be allowed to extend beyond the space allotted to Exhibitor, or above the back and side rails of such space.

Exhibitor agrees not to sell or distribute any adult material to minors. All "Adults Only" material must be either behind the table or, if displayed on a table or display rack, bagged and covered so that minors may not open it. Any adult material depicting nudity must be "blinded" (i.e. the nudity or sexual conduct must be covered). Adult videos and magazines are not to be displayed openly. A sign may be posted to let customers know that you carry such merchandise.

Y2KON does not allow bootleg or counterfeit materials of any kind. Possession or sale of these materials is at your own risk. Exhibitor agrees that its exhibit shall be admitted and shall remain from day to day solely by strict compliance with these rules. Y2KON reserves the right to reject, eject, or prohibit any exhibit in whole or in part, or Exhibitor or any of Exhibitor's representatives, upon Y2KON's good faith determination that the same is not in accordance with these rules and regulations.

## LIMITATION OF LIABILITY

Exhibitor agrees to indemnify and hold harmless Y2KON and the sponsor, owner, exhibition hall facility, and city in which this Exhibition is being held, and each of their respective officers, agents, and employees, against all claims, losses, suits, damages, judgments, expenses, costs (including, without limitation, reasonable legal fees), and charges of every kind arising out of or resulting from its execution of this License or its occupancy of the space herein contracted for by reason of personal injuries, death, property damages, or any other cause sustained by any persons or others.

Y2KON shall not be responsible for loss or damage to displays or goods belonging to Exhibitor, whether resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, mysterious disappearance, bomb threats, or other causes. All such items brought to the Exhibition are displayed at Exhibitor's own risk, and should be safeguarded at all times. Y2KON will provide the services of a reputable protective agency during the period of installation, show, and dismantling, and Exhibitor agrees that the provision of such services constitutes an adequate discharge of all obligations of Y2KON to supervise and protect Exhibitor's property within the Exhibition. Exhibitors may furnish additional guards at their own cost and expense, only with prior approval by Y2KON.

Exhibitor agrees that Y2KON shall not be liable in the event of any errors or omissions in Exhibitor's Official Directory listings or in any promotional material. Y2KON makes no representations or warranties with respect to the number of Exhibition attendees or the demographic nature of such attendees.

## ASSUMPTION OF RISK

Exhibitor expressly assumes all risks associated with, resulting from, or arising in connection with Exhibitor's participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage, or injury to the person (including death), property, business, or profits of Exhibitor, whether caused by negligence, intentional act, accident, or otherwise. The Exhibitor has sole responsibility for its property or any theft, damage, or other loss to such property. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor.

Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever releases and discharges the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives, and attorneys, and predecessors, assignees, and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys' fees, losses, expenses, and liabilities whatsoever, in law, equity, or otherwise (collectively "Claims") which either may now have or have had or which may hereafter accrue, individually, collectively, or otherwise in connection with, relating to, or arising out of Exhibitor's participation and/or presence in the Event.

Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section, it is assuming any risk of such unknown facts and such unknown and unsuspected claims. This release shall constitute a full release in accordance with its terms.

## INDEMNIFICATION

Exhibitor shall on a current basis indemnify, defend (with legal counsel satisfactory to Y2KON in its sole discretion), and hold Organizer and the Exhibit Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys' fees, and expenses, which result from or arise out of or in connection with:

(a) Exhibitor's participation or presence at the Event;

(b) any breach by Exhibitor of any agreements, covenants, promises, or other obligations under this contract;

(c) any matter for which Exhibitor is otherwise responsible under the terms of this contract;

(d) any violation or infringement (or claim of violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret, or other proprietary right;

(e) any libel, slander, defamation, or similar claims resulting from the actions of Exhibitor;

(f) harm or injury (including death) to Exhibitor; and

(g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, theft, mysterious disappearance, or otherwise.

Exhibitor shall not settle or compromise any claims against Organizer without the Organizer's prior written consent.

## DEFAULT

If Exhibitor's booth is not occupied by the time set for completion of the installation of displays, such space may be possessed by Y2KON for any purpose it may see fit. If Exhibitor breaches any of its obligations or covenants under this License, including without limitation any Exhibition rule or regulation promulgated pursuant to this License, Y2KON may, without notice, terminate this License. In the event of such default, Y2KON may thereupon direct Exhibitor forthwith to remove its employees, agents, or servants, and all its articles of merchandise and other personal property from the space licensed and from the Exhibition Hall. Your payment will be subsequently forfeited.

## SUB-LICENSING / BOOTH USAGE

Exhibitor shall not sub-license, assign, or otherwise permit any person to occupy Exhibitor's booth, or any part thereof, or use the booth for the exhibition of anything not specified in this License. Exhibitor may not permit non-exhibiting companies' representatives to conduct business in its booth without the express written permission of Y2KON. In the case of multiple parties sharing one exhibit space, the person whose name appears on this contract assumes full responsibility for that space as specified here. Y2KON rulings in its sole discretion shall in all instances be final regarding use of any exhibit space.

## DAMAGE TO PROPERTY

Exhibitor is liable for any damage caused to building floors, walls, or columns, or to standard booth equipment, or to other exhibitors' property. Exhibitor may not apply paint, lacquer, adhesives, or other coatings to building columns and floors or to standard booth equipment. A $100 fine per instance of damage to booth equipment may be executed at any time a violation is found.

## SPECIAL SERVICES

Electricity, internet, telephone, as well as other special services needed by individual exhibitors, are provided only when the exhibitor orders and agrees to pay for them directly to the persons authorized to supply such services in conformity with the city, insurance, and other requirements.

## BOOTH REPRESENTATIVES

Booth representatives shall always wear badges and wristband identification furnished by Y2KON. Y2KON may at any time limit the number of booth representatives. All booths must be staffed by Exhibitor during all the hours the show is open, as well as during setup and take-down. Y2KON along with Exhibition Staff may remove representatives at their discretion if badges are not presented. **EXHIBITORS WITHOUT BOTH BADGE AND NON-REMOVABLE WRISTBAND WILL BE ASKED TO LEAVE.**

## ELECTRICAL SAFETY

All wiring on displays or display fixtures must conform to the applicable standards established by various governmental agencies and standard fire inspection ordinances. All display wiring must exhibit the seal and/or such other seals of official approving agencies as may be required at the site of the Exhibition.

## SAFETY, LIGHTING, AND FIRE LAWS

All applicable fire and safety laws and regulations must be strictly observed by Exhibitor. Cloth decorations must be flameproof. Wiring must comply with local Fire Department and Underwriters' Rules. Smoking in exhibits is forbidden. Crowding will be restricted, and aisles and fire exits must not be blocked by exhibits. No decorations of paper, pine boughs, leafy decorations, or tree branches are allowed. Acetate and most rayon drapes are not flameproof and may be prohibited. Do not encroach on any aisles that border your booth. Fire Extinguishers, Hose Cabinets, Fire Exits, or Fire Alarms cannot be blocked or covered.

All decorations must be flame retardant or FR rated. They are subject to a random flame test by the Fire Marshal. Acceptable materials will not hold a flame. Materials can be manufacturer certified or may be treated with a flame retardant. Wood less than one-quarter inch thick must be treated. In most cases, floor coverings are the exception. Table coverings are excepted if they do not overhang the table more than six inches.

Booth storage is allowed as follows:

a. Cardboard boxes, packing materials, waste, and debris must be removed prior to the start of the show and kept picked up during the show.

b. All areas are inspected periodically.

c. Boxed brochures, product, and sales material storage may be allowed if kept tight, orderly, and not stored behind the back of your booth.

All extension cords must be a minimum of 14 gauge, 3 wire, and ground. Ties or cable clamps must be used when running cord. Lightweight extension cords or "zip cords" are strictly not allowed. Power strips are approved for additional outlet plugs (cube tabs are not allowed and power strips cannot be "daisy-chained"). Cords, plugs, and strips must have UL labeling. Lighting must be UL labeled and used consistent with the design.

## PERFORMANCE OF MUSIC AND SOUND REGULATIONS

Exhibitor acknowledges that any live or recorded performances of music by or on behalf of Exhibitor at the Exhibition must be licensed from the appropriate copyright owner or its agent. Y2KON does not obtain ASCAP/BMI licensing that will allow the use of live or recorded music in your booth or table. Exhibitors interested in playing copyrighted music must notify us in writing, and obtain the proper licensing from BMI at (800) 366-4264 and ASCAP at (212) 621-6000. Exhibitor warrants to Y2KON that it will take full responsibility for obtaining any necessary licenses to play or perform such music and agrees to defend, indemnify, and hold harmless Y2KON from any damages or expenses incurred by Y2KON due to Exhibitor's use or authorization of use of such music.

Mechanical or electrical devices which produce sound must be operated so as not to disturb other exhibitors. Y2KON reserves the right to determine the placement and acceptable sound level of all such devices, and may determine at what point sound constitutes interference with others and must be discontinued.

**Sound Advertisements:** Sound of any kind must not be projected outside of the exhibit booth. Exhibitors are specifically prohibited from employing any carnival-type attraction and from operating such noise-creating devices as bells, horns, or megaphones. Y2KON reserves the right to determine sound interference with others, and Exhibitor shall comply with any request by Y2KON to discontinue any such sound or music.

## PERSONNEL AND ATTIRE

Y2KON reserves the right to determine whether the character and/or attire of booth personnel are acceptable for attendees.

## RESOLUTION OF DISPUTES

In the event of a dispute or disagreement between Exhibitor and an official contractor, or between Exhibitor and a Labor Union or Labor Union Representative, or between two or more exhibitors, all interpretations of the rules governing the Exhibition, actions, or decisions concerning this dispute or disagreement by Y2KON intended to resolve the dispute or disagreement shall be binding on Exhibitor.

## GOVERNING LAW

This contract is governed by the laws of the State of Texas as applied to contracts entered and entirely performed within such state. Exhibitor agrees that the courts located in the State of Texas shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with, or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Plano, Texas.

## CARE AND REMOVAL OF EXHIBITS

Y2KON will maintain the cleanliness of all aisles. Booths that violate the boundaries which they occupy will be asked to adjust their table. If space cannot be adjusted, vendor may be asked to downsize booth or be removed altogether. Exhibitor must, at its own expense, keep exhibits clean and in good order. All exhibits must remain fully intact until the Exhibition has officially ended. Disturbing or tearing down an exhibit prior to the official closing hour of the Exhibition can result in a refusal by Y2KON to accept or process exhibit space applications for subsequent exhibitions.

Exhibits must be removed from the building by the time specified in the move-in requirements. In the event Exhibitor fails to remove its exhibit in the allotted time, Y2KON reserves the right, at Exhibitor's expense, to ship the exhibit through a carrier of Y2KON's choosing or to place the exhibit in a storage warehouse subject to Exhibitor's disposition or to make such other disposition of the exhibit as it may deem desirable without any liability to Y2KON.

## INSURANCE

Exhibitor is advised to see that its regular company insurance includes extraterritorial coverage, and that it has its own theft, public liability, and property damage insurance.

## TAX IDENTIFICATION

Exhibitor shall obtain any licenses, permits, or approvals under federal, state, or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and pay all taxes, license fees, use fees, or other fees, charges, levies, or penalties that become due to any governmental authority in connection with its activities at the Event.

Exhibitors must carry tax identification and have this identification with them the days of business. It is required by Texas law that all sellers have an active Texas Sales Tax Permit. Your Texas Sales Tax I.D. number must be provided to the Texas Comptroller upon request. If your Texas Sales Tax Permit is inactive, you are required to update it prior to selling at the event. Texas law requires an 8.25% sales tax be charged on purchases made inside the state.

## AMENDMENT TO RULES

Any matters not specifically covered by the preceding rules shall be subject solely to the decision of Y2KON. Y2KON shall have full power in the matter of interpretation, amendment, and enforcement of all said rules and regulations. Y2KON may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Exhibitor. Any such rules and regulations (whether included in an Exhibitor Guide or similar document) are an integral part of this contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by Y2KON as soon as these additional rules or regulations are communicated to Exhibitor.

## INTEGRATION OF LICENSE

This License contains the entire agreement between Y2KON and Exhibitor. It may not be orally modified. Only an agreement in writing signed by a duly authorized representative of the party against whom enforcement of any waiver or modification is sought will be enforceable.

## EXCLUSIVITY

Exhibitor acknowledges that Y2KON grants no terms of exclusivity or other licensing agreement to Exhibitor Booth.

## EXHIBITOR TRANSPARENCY

Exhibitor agrees that it will describe items being sold to the best of their knowledge. **Artist Tables:** Exhibitor agrees that at least 90% of the table is original created art. Any descriptions found to be intentionally incorrect will forfeit space pending review. **NO REFUND WILL BE GIVEN.**

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**By purchasing booth space for Y2KON, Exhibitor acknowledges that they have read, understood, and agreed to all terms and conditions set forth above.**