Midwest Megagames Ticket Terms and Conditions, Waiver, and Release Form

(“Terms and Conditions”)

In consideration of being allowed to participate in and attend the ticketed event held by Midwest Megagames or representatives thereof (the “Event” or the “Midwest Megagames Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the Midwest Megagames Event, including but not limited to the following:

1. I certify that I am physically able to participate in the Midwest Megagames Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional. 

2. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: 

(a) the actions, inactions, or negligence of the organizers of the Midwest Megagames Event, i.e., Midwest Megagames Project and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “MWM”) and/or participants in the Event; 

(b) conditions of the premises or equipment used; 

(c) rules and regulations regarding the activities; 

(d) condition of participants;

I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. 

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD MIDWEST MEGAGAMES HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MIDWEST MEGAGAMES, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

1. I understand that COVID-19 is an extremely contagious disease that can cause severe illness and death. I understand that this Event may be subject to enhanced health and safety measures, and I agree to comply with all health and safety requirements imposed by Midwest Megagames or any government agency with jurisdiction over the Event. I agree to carefully review all current health and safety requirements published on Midwest Megagames’s website or provided by Midwest Megagames via email prior to my departure for the Event. 

If I do not comply with these requirements, I may be denied entry into the Event or be required to leave the Event and will not receive a refund for my ticket and/or vehicle pass. I understand that there is a risk of exposure to COVID-19 or other communicable diseases at any public gathering like the Event regardless of any enhanced health and safety measures and my test/vaccination status. BY ENTERING THE EVENT SITE, I KNOWINGLY AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 OR ANOTHER COMMUNICABLE DISEASE OR ILLNESS, AND/OR THAT I MAY EXPOSE OR INFECT OTHERS, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND/OR DEATH. 

I accept sole responsibility for any claims arising from or related to my participation in the Event, including any exposure to COVID-19 or or other communicable diseases, and I agree that the waiver of liability and release set forth in Section 5 of these Terms and Conditions applies to any claim relating to COVID-19 or any other communicable disease.

I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Midwest Megagames and other participants, sponsors, hosts, and if applicable, owners and lessors of equipment, materials, and premises used to conduct the Midwest Megagames Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Midwest Megagames Event, including in any programs, events, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. If Midwest Megagames files a claim against me, however, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Midwest Megagames Event, including in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
 

Midwest Megagames’s Media Policy. By entering the Midwest Megagames Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery and recorded content obtained at the Event, including still photographs, videos, sound recordings, or any other medium now known or hereafter devised (hereinafter “Event Content”) whether the imagery or recorded content is created by attendees or agents, employees, officers, or personnel affiliated with Midwest Megagames.

By entering an event or program of Midwest Megagames, you are entering an area where photography, audio and video recording may occur.

Your entry and presence on the event premises constitutes your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, exhibition, or reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with Midwest Megagames and its initiatives, including, by way of example only, use on websites, in social media, news and advertising.

By entering the event premises, you waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation, any right to inspect or approve the photo, video or audio recording of you, any claims for invasion of privacy, violation of the right of publicity, defamation, and copyright infringement or for any fees for use of such record media.
 

You understand that all photography, filming and/or recording will be done in reliance on this consent. If you do not agree to the foregoing, please do not enter the event premises.

Should you wish to not be present in media due to safety or privacy concerns, please contact info@midwestmegagames.com with the subject line 'Media Release Inquiry' and we will discuss reasonable efforts to prevent you from appearing in media created by Midwest Megagames used in publicly available locations. THIS DOES NOT CONSTITUTE A GUARANTEE OF REMOVAL OF YOUR LIKENESS FROM MEDIA OR RECORDINGS TAKEN AT THE EVENT.

Participants may use Event Content for “Personal Use,” defined to include: (1) sharing with friends and family; and (2) displaying on personal websites and social media accounts, provided that the posts do not promote or sell any products, services, or brands, and the website or account is not affiliated with any commercial enterprise and does not purport or appear to be an official outlet of the Event or Midwest Megagames. I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT CONTENT WITHOUT PRIOR WRITTEN PERMISSION FROM Midwest Megagames, OTHER THAN PERSONAL USE (as defined above). I understand that I have no right to sell, transfer, license, sublicense, or give my Event Content to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Content that it can only be used for Personal Use. I assign to Midwest Megagames a joint ownership in the copyright to my Event Content for the purpose of enabling Midwest Megagames to enforce that copyright against any third party that displays or disseminates any of my Event Content in a manner not authorized by these Terms and Conditions. I appoint Midwest Megagames as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Midwest Megagames agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Content. Since I understand that, in the absence of written permission from Midwest Megagames, I have no right to sell, transfer, license, sublicense or give any of my Event Content to any other party (except for Personal Use), if a third party obtains and uses any of my Event Content (other than for Personal Use) without such written permission from Midwest Megagames, I agree that any permission, license, or right I may have granted this third party is completely void and invalid and that Midwest Megagames has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Content. If I post, or allow to be posted, any Event Content on a personal website or account, whether controlled by me or by a third party, even if permissible as Personal Use, I agree that: 

(1) I will place, or cause to be placed, on any webpage or post displaying such Event Content a notice that (a) the Event Content can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Content may be downloaded or copied only in accordance with a Creative Commons license that prohibits the licensee from using the Event Content for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at https://creativecommons.org/licenses/); 

(2) if Midwest Megagames notifies me that any Event Content must be removed from public display, public distribution, or public transmission for any reason whatsoever in Midwest Megagames’s sole discretion, I will promptly remove or cause to be removed such content. Midwest Megagames, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Content in violation of these Terms and Conditions and may cause the removal of such Event Content on any webpage or platform on which it is displayed. I understand that use of the Creative Commons licenses approved herein does not supersede these Terms and Conditions, or my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. 

The Midwest Megagames community grows primarily by word of mouth. Midwest Megagames does little to solicit attention from media companies about the Midwest Megagames Event, and does not seek to grow the Event by exposure through the mass media. Midwest Megagames does continue to support the presence of the press, and to encourage the free expression of news reporters, storytellers, small groups documenting special projects, cultural or fine art photographers, and creative authors/researchers or academics. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with Midwest Megagames. Visit midwestmegagames.com or contact info@midwestmegagames.com for more information on how to apply for this permission. All such projects require Midwest Megagames’s review and approval prior to any distribution. 

Midwest Megagames Trademarks and Copyrights. I acknowledge that “Midwest Megagames,” and the Midwest Megagames logo/symbol are trademarks of Midwest Megagames; and that Midwest Megagames has the exclusive right to license and enforce those trademarks and copyrights along with its other intellectual property (collectively, “Midwest Megagames Intellectual Property”). WITHOUT THE PRIOR WRITTEN CONSENT OF MIDWEST MEGAGAMES, I UNDERSTAND THAT I MAY NOT USE ANY MIDWEST MEGAGAMES INTELLECTUAL PROPERTY OR EVENT CONTENT IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION, IN MUSIC VIDEOS OR IN POSTS ON COMMERCIAL SOCIAL MEDIA ACCOUNTS), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: ilt.eff.org/Trademark__Liability.html#Fair_Use_Defense and ilt.eff.org/Copyright__Fair_Use.html.) Midwest Megagames generally permits the use of Midwest Megagames Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the Midwest Megagames Event (“Gift Materials”), with the following conditions: (1) Midwest Megagames may, for any reason in its discretion, determine that such use is not in keeping with Midwest Megagames’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.

I acknowledge that people, including Midwest Megagames and its designees, are using film, video, and photographic cameras, audio recorders, live streaming devices, and other means of capturing media at the Event, and that my name, image, likeness, actions, and statements (“Personal Attributes”) may be captured on film, video, photographs, audio recordings, streams, or other media that may be displayed or disseminated simultaneously or subsequently without my consent or payment of compensation to me, and I release Midwest Megagames from any liability due to such capturing, display, or dissemination. I grant Midwest Megagames the right to include my Personal Attributes in any media or context for any purpose, including for purposes of promoting Midwest Megagames’s nonprofit mission, without further authorization or compensation.

I hereby appoint Midwest Megagames as my representative to protect my intellectual property or privacy rights, recognizing that Midwest Megagames has no obligation to take any such action. I understand that if Midwest Megagames files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section, and Midwest Megagames has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, Midwest Megagames will make reasonable efforts to notify me of any such action by sending a communication to the contact information in Midwest Megagames’s possession.

I understand that some participants at the Event may engage in expressive activity and dress. I agree that such expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.

I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.

I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release Midwest Megagames and all persons participating in any such medical treatment from all responsibility for any such actions.

I agree that Midwest Megagames is not liable for acts of God, the weather, health outbreaks, epidemics or pandemics, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets are non-refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to weather, acts of nature, governmental regulation, or conditions beyond Midwest Megagames’s control.

I understand that (a) guns, rockets, and other explosives are prohibited; (b) personal fireworks of any kind are prohibited; (c) Midwest Megagames is not responsible for any personal property lost or abandoned at the Event and I am solely responsible for the costs associated with the return of any personal property recovered by Midwest Megagames’s team.

Tickets, credentials, and passes are revocable licenses that may be revoked by Midwest Megagames for any reason, including without limitation resale for above the price at which they were initially offered by Midwest Megagames, plus applicable taxes and Midwest Megagames-approved fees (“Face Value”), purchasing more than stated limits, assisting people with unauthorized or un-ticketed entry to the Event, or failure to satisfy any health and safety requirements. I understand and agree that I may not post or display on any websites or social media accounts any photographs or videos of tickets, credentials and vehicle passes that display a QR code or the entire front or back of a ticket, credential, or vehicle pass.

Refund and Cancellation Policy. 

ALL SALES ARE FINAL. Refunds or exchanges will be issued at the sole discretion of Midwest Megagames. Fees are non-refundable.

Ticket Sales 

For any ticket sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, I am not able to purchase any tickets through the sale process, or my registration for a sale or the purchase of tickets is not processed, or I receive a notice that my ticket purchase or ticket registration is rescinded, revoked, canceled, or made in error and my credit card payment is credited to my credit card account, I waive any claim against Midwest Megagames and release Midwest Megagames from any and all liability. Midwest Megagames retains the right to cancel, rescind or revoke any ticket purchases purchases at any time for any reason whatsoever at Midwest Megagames’s sole discretion. MIDWEST MEGAGAMES EVENT TICKETS MAY NOT BE SOLD FOR ADDITIONAL MARKUP BEYOND THEIR FACE VALUE OR UTILIZED TO PROMOTE OR RAISE FUNDS FOR ANY PROJECT, ENTITY, OR INDIVIDUAL. I understand that if I sell or attempt to sell a Midwest Megagames Event ticket or vehicle pass for above Face Value; purchase a ticket or vehicle pass with the intention of reselling it for above Face Value; offer a ticket or vehicle pass as a reward or prize in any sweepstakes, auction, contest, game, drawing, or fundraising campaign without Midwest Megagames’s prior written authorization, Midwest Megagames has the absolute right, in its sole discretion, to cancel all ticket orders in my name without notice. 

Once canceled, the ticket will be null and void and will not grant the holder any right to enter the Event, and Midwest Megagames will not have any liability to refund any of the purchase price to the purchaser or ticket holder. Midwest Megagames does not guarantee the validity of any Event ticket unless it is purchased directly from Midwest Megagames. Midwest Megagames does not promise that the ticketing website will be error-free or uninterrupted. The website, content, and service are delivered on an “AS-IS” and “AS-AVAILABLE” basis, and Midwest Megagames DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I AGREE THAT MIDWEST MEGAGAMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TICKETING WEBSITE OR FROM MY PARTICIPATION IN ANY TICKET SALE OR ACQUISITION PROGRAM ADMINISTERED BY MIDWEST MEGAGAMES OR ITS TICKETING PARTNERS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. Midwest Megagames makes no guarantee of the availability of any tickets or of the ability to purchase tickets from use of the website.

Will Call and Entry Policy. 

Will Call tickets are held for pick up at the entry point for the Event. Unless other arrangements have been made with Midwest Megagames, or the buyer has initiated a transfer of their order into another person’s name through the system operated by Midwest Megagames’s ticket vendor, only the person under whose name the tickets or vehicle passes were purchased may pick them up at Will Call, and they must present valid legal photo identification in order for tickets or vehicle passes to be released. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets or vehicle passes. I understand that I am responsible for checking the age minimum for the Event, and that no refunds will be processed for participants who are denied entry due to not having valid identification that demonstrates they are 18 years or older, or if under 18 years old, due to not being accompanied by a parent or guardian. 

Information provided to Midwest Megagames in connection with the purchase of Event tickets is covered by the Midwest Megagames Privacy Policy, available at midwestmegagames.com/privacypolicy/. As noted in the Midwest Megagames Privacy Policy, ticket orders are processed in collaboration with independent service providers, and the use of information provided in connection with these transactions is also governed by the privacy policies of those providers.

If I am obtaining tickets for, or providing any tickets to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket to them. If I have obtained a ticket from another person, I also agree to these Terms and Conditions when the ticket is delivered to me.

I understand that these Terms and Conditions may be changed by Midwest Megagames prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at midwestmegagames.com/termsandconditions/. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.

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Last updated: January 4, 2026