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<h1>HERSHEY EXPOSITION SERVICES TERMS & CONDITIONS</h1>
<ol>
<li style="padding-bottom: 10px;"><strong>DEFINITIONS:</strong> Hershey Exposition Service (HES) is owned and operated by Hershey Entertainment & Resorts Company and located at 27 W. Chocolate Avenue, Hershey, Pennsylvania 17033. For the purposes of these Terms & Conditions, unless otherwise noted, “HES” shall refer to Hershey Entertainment & Resorts Company, its employees, agents, representatives, and subcontractors. For the purposes of the Terms & Conditions, “Exhibitor” shall mean the person or entity purchasing exposition services from HES, including its employees, agents, representatives, assigns, and subcontractors.</li>
<li style="padding-bottom: 10px;"><strong>EQUIPMENT:</strong> Pursuant to the order placed by Exhibitor, HES agrees to provide Exhibitor with certain furniture, materials, telephone service, electrical service, and other equipment (collectively “Equipment”) necessary for the operation of the exposition event (“Event”). Additional terms and conditions may apply as stated on the order form. All Equipment is provided on a rental basis for the duration of the Event, or as otherwise set forth in the order, and shall at all times remain the property of HES. All HES Equipment rentals include delivery, installation by HES, and removal from Exhibitor’s booth.</li>
<li style="padding-bottom: 10px;"><strong>EQUIPMENT - PAYMENT TERMS:</strong> Full payment on advance Equipment orders, including any applicable tax, is due at the time of placing the order. All onsite Equipment orders are due in full no later than the conclusion of the Event. Onsite orders are subject to a higher rental rate than advance orders. Any changes or cancellations to advance Equipment Orders must be received in writing and will be assessed a 50% delivery charge. Any dispute over the final invoice must be made by the end of the Event. <br /> <br /> If Exhibitor is exempt from payment of sales tax, HES requires an exemptions certificate for the state in which the services are to be used.<br /><br /></li>
<li style="padding-bottom: 10px;"><strong>LABOR SERVICES:</strong> With the exception of delivery, installation and removal of rented Equipment as noted above, additional labor needs are not included with any booth rental or Equipment Rental. HES does not assume responsibility for any acts of, or loss to, persons, parties and/or other subcontractors not under HES’s direct supervision and control. In no event shall HES be liable for loss or damage caused by delay in labor. Starting time is guaranteed only for an 8:00 AM EST start time. Exhibitor is responsible for the supervision of workers secured through HES so as to prevent bodily injury and/or property damage. Exhibitor must direct workers in a manner that is in compliance with federal, state, and local ordinances, rules and/or regulations, including but not limited to Event rules and/or regulations. Exhibitor must pick-up workers at the designated starting time and return to sign-out workers at the completion of the job.</li>
<li style="padding-bottom: 10px;"><strong>FREIGHT HANDLING</strong><br /> <br /><ol style="list-style-type: lower-alpha;">
<li style="padding-bottom: 10px;">Exhibitor is responsible for all freight shipping charges. <strong>COLLECT SHIPMENTS WILL NOT BE RECEIVED.</strong></li>
<li style="padding-bottom: 10px;">All shipments of common freight and crated/cartooned materials will be received at HES’ warehouse. Warehouse hours for shipments are 8:00 AM – 4:00 PM EST Friday (excluding Friday holidays).</li>
<li style="padding-bottom: 10px;">All shipments must be received at least 48 hours, but no more than 30 days, in advance of the Event. Any shipments arriving the day of the Event will be delivered direct to the Event floor at the rates listed in the chart below. <br /> <br />
<table style="width: 750px; border: 1px solid black; border-collapse: collapse;">
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<td style="width: 150px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;" rowspan="2">Straight Time Rate</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">Crated/Cartoned</td>
<td style="width: 200px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$40.00 per CWT per shipment</td>
<td style="width: 100px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">2 CWT Min</td>
<td style="width: 100px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$80.00</td>
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<td style="padding-left: 3px; border: 1px solid black; border-collapse: collapse;">Machinery/Special Handling</td>
<td style="padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$60.00 per CWT per shipment</td>
<td style="padding-left: 3px; border: 1px solid black; border-collapse: collapse;">2 CWT Min</td>
<td style="padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$120.00</td>
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<td style="width: 150px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;" rowspan="2">Overtime Rates</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">Crated/Cartoned</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$60.00 per CWT per shipment</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">2 CWT Min</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$120.00</td>
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<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">Machinery/Special Handling</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$90.00 per CWT per shipment</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">2 CWT Min</td>
<td style="width: 175px; padding-left: 3px; border: 1px solid black; border-collapse: collapse;">$175.00</td>
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<br /> <br /> All weights will be rounded to the next highest weight (CWT). A bill of lading stipulating the weight must accompany all shipments. Cubic or dimensional weights will be invoiced as stated weight at the time of delivery unless a weight certificate is attached. No credits will be at any time, regardless of circumstance.</li>
<li style="padding-bottom: 10px;">HES shall not be liable for damage, loss or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. Crates and packaging should be of a design to adequately protect contents for handling by forklift and similar means.</li>
<li style="padding-bottom: 10px;">HES shall not be liable for loss, theft, or disappearance of materials after delivery to Exhibitor’s booth or before pick-up for reloading after the Event. Consequently, all bills of lading covering outgoing shipment(s) submitted to HES by Exhibitor will be checked at the time of pickup from the booth and corrected where discrepancies exist.</li>
<li style="padding-bottom: 10px;">HES shall not be liable for ordinary wear and tear in handling of shipments.</li>
<li style="padding-bottom: 10px;">In the event that HES should be found liable for loss or damage to Exhibitor’s property, the liability shall be limited to the specific article that was physically lost or damaged. Such liability shall be limited to a sum equal to $.30 per pound per article, with a maximum liability of $50.00 per item or $1,000.00 per shipment. Exhibitor agrees that this is its exclusive remedy. Provisions of this paragraph shall apply if loss or damage, regardless of cause or origin, results directly or indirectly to property through performance or nonperformance of obligations, from negligence, or otherwise, whether active or otherwise.</li>
<li style="padding-bottom: 10px;">Claims for loss or damage must be submitted to HES immediately at show site, and in any case not later than thirty (30) business days after the conclusion of the event. Any and all claims reported after thirty (30) days will be rejected. No suit or action shall be brought against HES more than one year after the cause of action accrues.</li>
<li style="padding-bottom: 10px;">The Exhibitor agrees, in connection with the receipt, handling, temporary storage, and reloading of its freight, that HES will provide these services as Exhibitor’s agent and not as bailee or shipper. If any employee of HES or its subcontractors shall sign a delivery receipt, bill of lading or other document, the parties agree that HES or its subcontractor will do so as the Exhibitor’s agent, and the Exhibitor accepts the responsibility thereof.</li>
<li style="padding-bottom: 10px;">HES shall not be liable for shipments received without receipts, freight bills or specified unit counts on receipts or freight bills, such as UPS, FedEx, DHL or van lines. Such shipments will be delivered to booth without guarantee of piece count or condition.</li>
<li style="padding-bottom: 10px;">Affixing appropriate container labels is the sole responsibility of the Exhibitor. HES assumes no responsibility for error in preceding procedures, removal of containers with old empty labels, and with improper information on labels. HES assume no responsibility or liability for loss or damage to contents while containers are in storage or for mislabeled containers.</li>
<li style="padding-bottom: 10px;">In order to expedite removal of freight from the show site, HES shall have the authority to change designated carriers, if such carriers do not pick up on time. Where no disposition is made by the Exhibitor, freight will be taken to a warehouse to await Exhibitor’s shipping instructions, and the Exhibitor agrees to be responsible for payment of charges relating to such handling at the warehouse. HES assumes no liability as a result of such rerouting or handling.</li>
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<li style="padding-bottom: 10px;"><strong>GENERAL PAYMENT TERMS:</strong> Credit card must be on file for any orders that include labor and/or shipping freight. Exhibitor agrees that HES may charge the credit card on file for the difference between the Exhibitor’s estimate of charges on the order form and the actual charges incurred by Exhibitor, or for any charges that HES may be obligated to pay on behalf of Exhibitor, including without limitation, any shipping charges. If Exhibitor provides a credit card for payment and charges are rejected by the Exhibitor’s credit card company for any reason, HES hereby provides notice that it reserves the right, and Exhibitor authorized HES, to continue to attempt to secure payment through that credit card for as long as unpaid balances remain on Exhibitor’s account. HES will send a receipt for any final credit card charges to Exhibitor within ten (10) days after the conclusion of the Event.<br /> <br /> International Exhibitors must pay for all Equipment, Labor and Shipping in U.S. Funds prior to conclusion of Event. A $20.00 surcharge will be added for processing checks drawn on foreign banks. <br /> <br /> In the event of any dispute between Exhibitor and HES with regard to services provided by HES, Exhibitor shall not be entitled to and shall not withhold payment, or any partial payment, due to HES for its services as an offset against the amount of any alleged claim, loss or damage. Any claim against HES shall be considered a separate transaction and shall be resolved on its own merits.</li>
<li style="padding-bottom: 10px;"><strong>INSURANCE:</strong> Exhibitor, at its sole cost and expense, shall carry and maintain adequate insurance to cover its obligations under this Agreement. Such insurance shall include, but is not limited to: (i) Commercial General Liability Insurance for limits of not less than One Million Dollars ($1,000,000.00) combined single limit for each single occurrence; (ii) Statutory Workers’ Compensation and Employer’s Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00), if applicable; and (iii) Property Insurance on an “All-Risk” or equivalent policy form in the amount of the full replacement value of Exhibitor’s property. HES may require Exhibitor to provide HES with a Certificate of Insurance as evidence of the insurance required in this Paragraph.</li>
<li style="padding-bottom: 10px;"><strong>INDEMNIFICATION:</strong> Each party shall indemnify, defend and hold the other party and its shareholders, affiliated and related entities, directors, officers, employees, and agents (collectively “Indemnified Parties”), harmless from and against any and all claims, liability, injury, damage or expense incurred, including reasonable attorneys’ fees, expert fees, and costs of litigation (collectively referred to as “Claims”) to the extent such Claims are caused by: (i) the acts or omissions of the indemnifying party, its employees or subcontractors, in connection with this Agreement, (ii) any trademark, trade name, service mark, patent or intellectual property infringement claims relative to this Agreement, and (iii) the indemnifying party’s breach of this Agreement or any of the indemnifying party’s representations or warranties contained herein. HES’s indemnification obligations shall not extend to those instances where Exhibitor or any of Exhibitor’s Indemnified Parties exercises direction and/or control over the work being performed. Exhibitor shall further indemnify, defend and hold HES Indemnified Parties harmless from any and all violations of federal, state, or local laws, rules, regulations or ordinances, and Show regulations and/or Rules.</li>
<li style="padding-bottom: 10px;"><strong>LIMITATION ON LIABILITY:</strong> HES shall not be liable to any extent whatsoever for indirect, special, incidental, or consequential damages, including but not limited to, delay any actual, potential or assumed loss of profits or revenues, loss of use of equipment or products or any collateral costs that may result from any Equipment or services provided by HES.</li>
<li style="padding-bottom: 10px;"><strong>GOVERNING LAW:</strong> These Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto consent and agree that all legal proceedings relating to the subject matter of this Agreement shall be maintained in the Court of Common Pleas of Dauphin County, Pennsylvania or, if applicable, the United States District Court for the Middle District of Pennsylvania (Harrisburg division), and both parties consent and agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts</li>
<li style="padding-bottom: 10px;"><strong>FORCE MAJEURE:</strong> Neither party shall be held liable or responsible for any failure or delay in the performance of its obligations under these Terms & Conditions to the extent such failures or delays are caused by (i) acts of war, (ii) strikes, lockouts, or work stoppages; (iii) terrorism, (iv) civil riots, or (v) Acts of God, including but not limited to floods, windstorms, and tornados, which make performance illegal or impossible (collectively referred to as “Force Majeure Events”). Force Majeure Events specifically exclude financial inability to perform, economic conditions, and events relating to a party’s fault or negligence. Upon the occurrence of a Force Majeure Event, the parties’ respective obligations hereunder will be excused fully, without any penalty, for the duration of the Force Majeure Event. Exhibitor understands and agrees that HES shall not be responsible or liable for any loss or delay in the operation of Exhibitor’s booth and/or any loss or damage to Exhibitor’s property as a result of a Force Majeure Event.</li>
<li style="padding-bottom: 10px;"><strong>MISCELLANEOUS:</strong> Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of these Terms & Conditions, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. The provisions of these Terms & Conditions are severable and in the event any provision is held to be unenforceable, the remaining provisions will continue to be in full force and effect. All representations and warranties of Exhibitor, all rights and remedies of HES, and any other provisions hereof which by their express terms or by implication are to survive, shall survive the termination or other expiration of the services ordered by Exhibitor for the Event. HES may amend these Terms & Conditions at any time without notice to Exhibitor.</li>
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<p>Last Revised June 27, 2014</p>
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<p>This Privacy Policy (the “Policy”) governs the manner in which Hershey Exposition Services collects, uses, maintains, and discloses information collected from you in connection with the Hershey Exposition Services online storefront.</p>
<p></p>
<p>Hershey Exposition Services may collect and store information about you and/or your business including your or your business’s name, email address, phone number, mailing address, accounting transaction data, payment or other financial information, aggregate transaction data, customer sales and order information, third-party data, business data, browser data, devices used, technical information about your means of connection to applications, and any other information or data submitted by you or third parties in connection with our Software Services, Storefronts, or other services rendered pursuant to the Agreement (the “Information”).</p>
<p><strong><span style="text-decoration: underline;">Information Use</span></strong></p>
<p>Information collected may be used in connection with or for purposes of providing services to you, your business, and to others, improving services provided to you, your business, or to others, providing notices to you, complying with applicable law, and any other lawful purpose, including protecting the health or safety of you or others, and monitoring and preventing fraudulent or unlawful third-party activity.</p>
<p><strong><span style="text-decoration: underline;">Commercial Use of Information</span></strong></p>
<p>Hershey Exposition Services will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. Hershey Exposition Services may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of Hershey Exposition Services’s products and services as part of commercial transactions with third parties to help Hershey Exposition Services improve its products and services or for any other lawful purpose.</p>
<p><strong><span style="text-decoration: underline;">Third-Party Service Providers</span></strong></p>
<p>Hershey Exposition Services may use third-party service providers and vendors to assist Hershey Exposition Services in providing its products and services to you and others, including, without limitation, services to host Hershey Exposition Services’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. Hershey Exposition Services may also use third-party service providers and vendors to store Information and other data. Any such third parties would have access to your Information for the limited purpose of assisting, as reasonably necessary, Hershey Exposition Services in providing Software Services and other services pursuant to the Agreement.</p>
<p>Hershey Exposition Services may disclose your Information as Hershey Exposition Services reasonably believes is required by court order, governmental directive, or other law, to protect the rights of Hershey Exposition Services, or as otherwise allowed pursuant to the Agreement or applicable law.</p>
<p><strong><span style="text-decoration: underline;">Information Protection</span></strong></p>
<p>Hershey Exposition Services will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although Hershey Exposition Services will undertake such efforts to preserve and protect the integrity of the Information, you acknowledge and agree that all security measures have potential risks.</p>
<p><strong><span style="text-decoration: underline;">Customer Control of Collected Data</span></strong></p>
<p>You may decline to provide or submit Information to us, however, some of our Software Services, Storefronts, or other services may not be available to you if you choose not to provide or submit Information. You also have a right to access the Information that we hold (about you) upon reasonable written request.</p>
<p><strong><span style="text-decoration: underline;">Updates to our Policy</span></strong></p>
<p>By entering into the Agreement or the Acknowledgment or by using our products or services, you consent to the collection and use of your Information by us consistent with this Policy and the Agreement. We may change this Policy from time to time, for any reason. Any such changes become effective when posted.</p>
<p>To the extent that this Policy is inconsistent with applicable law, it is the intent of Hershey Exposition Services to comply with applicable law. If there is any conflict between any provision of this Policy and applicable law, such applicable law shall prevail; provided, however, that any such conflicting provision in this Policy shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and the remainder of this Policy shall not be affected thereby.</p>
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