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.

1. 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. Tailgate Package capacities are as

Capacity for Special Event Packages (“SEP”) are as follows: SEP 100, SEP 200, SEP 300, SEP 400, and SEP 500 are 100, 200, 300,

2. 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.

3. a. 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”).

Full Season Packages. Paid in Full or Payment Plan.

In order to reserve the Site for the entire season, You may choose between the following payment methods:

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

• 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 card, e-check or ACH for such payments.

b. c. 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 football season for which you have reserved a Site for a single game Tailgate

Package. If You do not pay the remaining balance for Your reservation to complete your purchase of Your Tailgate Package prior

to August 1, RevelXP may terminate your reservation and you will NOT receive either a refund for the deposit You previously paid

or a credit in the amount of the deposit You previously paid.

Bundled Game Packages (more than one game, but less than a full season). In order to reserve the Site for a bundled package

, 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, 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.

d. Alternative Payment Terms. If and to the extent RevelXP extends You more favorable payment terms (i.e. if You are a department

or division of the Property), payment shall be made when expressly due as set forth in Your invoice. In such circumstances, if You

fail to make timely payments, RevelXP may in its sole discretion cancel Your purchase of the Tailgate Package or charge you

interest at the rate of one and one-half percent (1.5%) per month on any late payments commencing ten (10) days after the payment

a. b. c. d. YOU AGREE THAT REVEL XP HAS NO OBLIGATION TO REFUND ANY PAYMENT MADE BY YOU TO REVEL

XP FOR A TAILGATE PACKAGE IF YOU CANCEL THE PURCHASE OF THE TAILGATE PACKAGE OR IF YOU

ARE UNABLE FOR ANY REASON TO BE PRESENT FOR THE TAILGATE PACKAGE OR THE EVENT. IF THE

EVENT FOR WHICH YOU HAVE PURCHASED A TAILGATE PACKAGE IS CANCELLED, YOU MAY ELECT TO

(A) RECEIVE A REFUND OF THE PURCHASE PRICE OF THE TAILGATE PACKAGE OR (B) A CREDIT IN THE

AMOUNT OF THE PURCHASE PRICE OF THE TAILGATE PACKAGE WHICH MUST BE USED IN THE

CURRENT OR IMMEDIATELY FOLLOWING SEASON OR IS SUBJECT TO FORFEITURE. REVEL XP IN ITS

SOLE DISCRETION MAY DEDUCT REASONABLE EXPENSES INCURRED PRIOR TO THE CANCELLATION

FROM THE AMOUNT OF THE REFUND OR THE CREDIT. IF YOU ELECT TO RECEIVE A CREDIT, YOU SHALL

BE RESPONSIBLE FOR THE PAYMENT OF ANY DIFFERENCE BETWEEN THE CREDIT AND THE PURCHASE

PRICE OF A TAILGATE PACKAGE IN THE FOLLOWING SEASON IF THE PRICE OF A TAILGATE PACKAGE

INCREASES OR YOU SELECT A DIFFERENT TAILGATE PACKAGE. YOU RELEASE REVEL XP FROM ANY

CLAIM FOR DAMAGES ARISING FROM A CANCELLED EVENT OR YOUR INABILITY TO BE PRESENT AT

THE EVENT FOR WHICH YOUR HAVE PURCHASED A TAILGATE PACKAGE.

Cancellation of Tailgate Package by RevelXP

. RevelXP reserves the right in its sole discretion to suspend or cancel its Tailgate

Packages due to factors that may impact the quality and safety during the provision of the Tailgate Package. If RevelXP suspends

or cancels a Tailgate Package the terms of Section 4(a) shall apply.

Suspended Play or Cancellation During the Event. If the Event is suspended or cancelled after its commencement, RevelXP

will have sole discretion regarding any refund that it may make to You and will take into consideration the amount of

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