Terms and Conditions for Tailgate Packages

These terms and conditions (the “Terms and Conditions”) govern the purchase by you

(“You” or “Your”) of one or more tailgate packages (each a “Tailgate Package”) from Revel

XP, LLC (“RevelXP”) for the event (the “Event”) and on the dates and at the facility (the

“Facility”) and at the hosting property (the “Property”) set forth in your invoice. As a

condition and part of your purchase of a Tailgate Package, you agree to be bound by the

following Terms and Conditions, the RevelXP Privacy Policy, and the Rules and Regulations

governing your Tailgate Package, each of which shall apply to You and all persons attending

the Event as part of the Tailgate Package purchased by You.

TAILGATE SERVICES. In consideration of the payments to be made to RevelXP for the

Tailgate Package(s), RevelXP will provide for each home game or games reserved reflected

on the invoice/reservation access for hospitality/tailgating purposes to a Site (as hereafter

defined) as well as a tailgate tent, chairs, tables, and other products and services more

particularly described on the invoice/reservation for your Tailgate Package(s), which

includes Site setup and tear-down, operation management and all labor required in

connection therewith (collectively, the “Tailgate Services”).RevelXP shall determine the

exact location of Your tailgate site (the “Site”), which may be relocated from time-to-time in

the reasonable discretion of RevelXP to accommodate events taking place at the Property

during the Event, to adjust for space availability or for other reasons or circumstances. In

each case, RevelXP will take into consideration Your request for a particular location. You

are not entitled to a refund for Your Tailgate Package or a Media Package for any reason

whatsoever (except as expressly set forth in these Terms and Conditions), with the

exception of entitlement to a refund for separate payments for catering or beverage service,

in such case soley due to any failure of caterer or beverage service provider to deliver the

order. RevelXP will strictly monitor and enforce the capacity of attendees at each Site for

each Tailgate Package to prioritize the safety of tailgate guests. Tailgates exceeding Tailgate

Package capacity may be required to remove guests to prevent overflow into adjacent

tailgate sites. If You anticipate that the number of Your attendees will be more than the

number of attendees permitted by the Tailgate Package You have purchased, You agree to

contact RevelXP to upgrade Your Tailgate Package. If You do not, RevelXP reserves the right

to charge You additional amounts for attendees to your Site which exceed the amount of

attendees permitted by Your Tailgate Package. Tailgate Package capacities are as follows:

Capacity for Special Event Packages (“SEP”) are as follows: SEP 100, SEP 200, SEP 300,

SEP 400, and SEP 500 are 100, 200, 300, 400 and 500 people, respectively.

MEDIA PACKAGE. Your Tailgate Package provided by RevelXP pursuant to these Terms and

Conditions may, at Your option (and subject to availability), include a media package

comprised of a television, stand, connection to a satellite or wireless streaming services,

connection to a receiver, power source and/or other equipment to display or stream

content (a “Media Package”). You acknowledge and agree that RevelXP has no control over

television broadcasts, wireless streaming services or applications and shall not be held

accountable for any channel “blackouts” caused by contract disputes or any lack of

service due to inclement weather, interruptions or outages of wireless streaming services

or applications, or other availability issues. In the event of service issues resulting from

setup or technical matters not covered herein, any refund for services is limited to either

the amount separately invoiced or the portion of a Tailgate Package price related to Media

Package based on RevelXP’s current, standard rates for similar service as sold separately

to the general public. You agree (a) to use only the wireless streaming services and

applications included in Your Media Package, (b) to only display or stream the content

provided in Your Media Package, and (c) that a breach of the preceding (a) or (b) may result

in the discontinuance of your Media Package or the termination of your Tailgate Package

with no refund at RevelXP’s sole discretion.

For safety purposes, all televisions and related Media Package equipment must remain

positioned behind the six-foot tables provided by RevelXP and may not be moved or

repositioned by You or Your guests. This placement is required to help prevent guest

contact with the equipment and to reduce the risk of injury or damage.

3.PAYMENT. In consideration of the Tailgate Services to be provided by RevelXP, You shall

pay the amount for the Tailgate Package purchased by You as listed on the invoice/order

detail for the Tailgate Package (the “Package Price”).

a. Full Season Packages. In order to reserve the Site for the entire season, You may

choose between the following payment methods: Paid in Full or Payment Plan.

Paid in Full: You agree to pay RevelXP one hundred percent (100%) of the total amount of

the Package Price at the time of purchase.

Partial Payment Plan: You agree to pay the Package Price for the Tailgate Package You have

purchased in equal monthly installments. If You elect to pay through equal monthly

installments, then You hereby authorize RevelXP to process monthly payments on your

credit card for the balance of the Package Price payable in equal monthly installments.

If any of Your payments due has not been received by RevelXP within seven (7) days of its

due date, RevelXP reserves the right to terminate Your purchase of Your Tailgate Package. If

any payment is made by credit card, e-check or ACH, RevelXP may, but shall not be

required to, automatically process the payment for any remaining payments of the Package

Price due on the payment due dates as set forth in Your invoice and this Section 3(a) at any

time on or after the applicable dates, and You hereby authorize Revel to charge Your credit

b. Single Game Packages. In order to reserve the Site for a single game, You must pay

to RevelXP one hundred percent (100%) of the Package Price immediately. If

payment is not made within seven (7) days of the Effective Date of these Terms and

Conditions, You may not be able to reserve the Site. If any payment is made by credit

card, e-check or ACH, RevelXP may, but shall not be required to, automatically

process the payment for any remainder of the Package Price at any time, and You

hereby authorizes such charges. If You reserve a Site for a single game Tailgate

Package for a football game by paying an initial deposit and agreeing to these Terms

and Conditions, You agree to pay the remaining balance for Your reservation to

complete your purchase of Your Tailgate Package on or before August 1 prior to the

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