Sponsorship Terms & Conditions
Last Modified: October 8, 2026
This document is for informational and sponsorship packaging purposes only and does not constitute a signed contract.

Acceptance of Terms

• By submitting payment for a sponsorship, or by accepting Texas SandFest's written approval of an in-kind sponsorship, Sponsor agrees to be bound by these Terms & Conditions and by the sponsorship tier description, as in effect at that time. This applies to all sponsorship levels, including Custom Packages.

• Sponsorship benefits are reserved only once payment is successfully received in full, or, for sponsors on an approved payment plan, once the plan is confirmed and scheduled payments are received as agreed. A returned check, failed payment, or missed payment-plan installment suspends the reservation of unconfirmed benefits until payment is successfully completed or brought current. Payment plan sponsors remain subject to all other deadlines in these Terms & Conditions, including the booth space and production lock dates, regardless of payment plan status.

Tax Status
Texas SandFest is a 501(c)(3) nonprofit organization. Because sponsorships include benefits provided in return (such as recognition, logo placement, or booth space), sponsorship payments may not be fully deductible as charitable contributions for federal income tax purposes. Sponsors should consult their own tax advisor regarding the deductibility of any sponsorship payment.

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Definitions

• "Festival" means the specific dates on which Texas SandFest is held for a given Festival Year, as set by Texas SandFest and published in advance of that year's event.

• "Festival Year" means the calendar year in which a given Festival occurs, and identifies which sponsorship cycle a sponsorship belongs to, regardless of when the sponsorship agreement is executed or paid.

• "Writing" or "written" includes email to Texas SandFest's designated sponsorship contact, unless a specific form or document is otherwise required.

Grant of License

• Sponsor grants Texas SandFest a free, limited, non-exclusive, non-transferable, non-assignable, revocable right to use the Sponsor's name and relevant marks for legitimate use in connection with this agreement, except as provided in the Successor, Merger, Name Change & Production Lock section.

• Sponsor represents that it owns or has the right to use the name and logo it submits, and that the license granted here does not infringe any third-party mark. If that representation is wrong, Texas SandFest may stop using the mark, and Sponsor is responsible for any claim arising from the submission.

• Sponsor may not sell or give away any merchandise with the Texas SandFest logo without Texas SandFest's written authorization.

• Sponsor may use the Texas SandFest name and logo in its own marketing materials, including to identify itself as a sponsor of Texas SandFest, only with prior written approval from Texas SandFest. Full logo usage guidelines are available upon request. Any approved use ends on December 31 of the year following the Festival Year, unless otherwise agreed in writing.

• The logo submitted on the sponsorship application will be the logo used on official materials for that Festival Year, subject to the Successor, Merger, Name Change & Production Lock section. After an item's lock date, that submitted logo remains in place for that item.

• Sponsor shall submit a high-quality logo in both a raster file (JPG or PNG) and a vector file (PDF or SVG). Texas SandFest is not responsible for low-quality files, incorrect versions, or files that do not reproduce correctly. Texas SandFest will not redraw, trace, or correct submitted artwork.

Sponsorship Term & Promotional Period

• Each sponsorship is associated with the specific Festival for which it is purchased, regardless of the calendar date on which payment is received.

• The sponsorship term begins on the date payment is received in full, on the date an approved payment plan is confirmed in writing, or, for an in-kind sponsorship, on the date Texas SandFest issues written approval of the contribution and its credited value, unless a different effective date is confirmed in writing, and ends on December 31 of the Festival Year, unless a different end date is stated in writing.

• Booth space, the sponsor gift bag, and sand recognition are event benefits. They are delivered only during the Festival, and only if included in the tier in effect when the term begins. When the Festival ends, those benefits are performed and are not owed again. This does not shorten the sponsorship term.

• Sponsor recognition and promotional placement by Texas SandFest on the website, social media, and other digital channels for a given Festival Year extend through December 31 of that Festival Year. Beginning October 1 of that Festival Year, Texas SandFest will lead with the subsequent Festival Year's sponsor cohort. The current Festival Year's sponsors may remain in a secondary listing through December 31. Social media posts included in a tier are counted through December 31 of that Festival Year.

• A sponsorship applies to the Festival Year designated when the term begins. Unless otherwise designated in writing, a sponsorship confirmed after that year's Festival has occurred is applied to the next Festival Year.

• Placement in printed or published materials, signage, merchandise, and sand recognition is governed by production lock dates set by Texas SandFest and communicated to sponsors in advance of each production. Those items are not updated after their respective lock dates. Payment must be in full, an approved payment plan must be current, or an in-kind sponsorship must have written approval, before an item's lock date. If usable artwork is not in hand before that lock date, Texas SandFest may use Sponsor's name only, or omit that item. The sponsorship fee is not refunded on that account.

• A sponsorship tier does not include category exclusivity unless exclusivity is stated in that Sponsor's tier description or custom package.

• This section governs promotional placement by Texas SandFest of Sponsor's name and marks. The Grant of License section governs the Sponsor's approved use of the Texas SandFest name or logo.

No Endorsement
Acknowledgment of sponsorship by Texas SandFest is not an endorsement of said Sponsor.

Right of First Refusal
Sponsors at the $10,000 level and above shall receive a right of first refusal for the same or a comparable sponsorship package for the following Festival Year, provided Sponsor notifies Texas SandFest in writing of its intent to exercise the right within thirty (30) days of receiving that Festival Year's sponsorship offering.

Custom Packages

Custom sponsorship packages may be developed by mutual written agreement to align with Sponsor's specific marketing and hospitality objectives. Custom Packages are accepted on the same payment-as-acceptance basis, or written-approval-as-acceptance basis for an in-kind package, as all other sponsorship levels.

Booth Space

• Booth space is limited and is not guaranteed.

• A booth included in a tier is reserved only if payment is received in full by February 15 of the Festival Year and space remains. Written approval of in-kind credit satisfies this requirement for that credited portion. Any cash portion of a mixed sponsorship must still be paid in full by February 15. An approved payment plan does not extend this date. After February 15, the booth is not provided. No substitute benefit is owed, and the sponsorship fee is not refunded on that account.

• Sponsors allocated booth space may conduct on-site activations only with prior written approval from Texas SandFest and in accordance with all event guidelines and operational requirements.

• Sponsors allocated booth space or conducting on-site activations are subject to additional liability, insurance, and indemnification requirements set forth in the separate booth space application and agreement.

Sponsor Gift Bags
Gift bag contents vary by sponsorship tier. Premium and higher-level sponsors will receive enhanced, higher-value items as determined by Texas SandFest. The gift bag is an event benefit, delivered in connection with the Festival, and is not owed after the Festival ends. Texas SandFest releases wristbands, and the gift bag only once payment is in full, an approved payment plan is current, or, for an in-kind sponsorship, written approval of the contribution and its credited value has been issued. Any cash portion of a mixed sponsorship must still be paid in full or kept current.

Sand & Other Recognition

• Recognition benefits, including sand recognition and Logo Mountain, are those described in the sponsorship tier in effect when the term begins. Texas SandFest may change tier descriptions for later sponsors without amending these Terms & Conditions.

• Texas SandFest solely determines logo size, proportions, design, and exact placement within the tier description. Sponsor logos will not occupy the entirety of any designated area. Specific placement may change based on operational needs. Texas SandFest will provide advance notice of any material adjustment.

• Sand recognition is displayed for the duration of the Festival regardless of weather. As an outdoor sand-sculpture festival, logos and names are subject to natural weathering from wind, rain, and other environmental factors. Texas SandFest will make commercially reasonable efforts to repair damage when feasible, but assumes no liability for weather-related effects on appearance.

• Once the sand design or carving is locked, the submitted name or logo will not be changed.

Successor, Merger, Name Change & Production Lock

• Sponsorship rights are held by the legal entity that submits payment or is otherwise identified as the sponsor of record. A name change, rebrand, merger, acquisition, franchise change, or assignment does not transfer those rights except as provided here.

• Name change only (same entity): If Sponsor changes only its legal name or brand and remains the same entity, Sponsor shall give Texas SandFest prompt written notice and replacement artwork. Texas SandFest will use commercially reasonable efforts to update electronic materials that are not yet locked. Texas SandFest will not redesign or recarve already-produced or locked printed or published materials, signage, merchandise, and sand recognition at Texas SandFest's expense. Texas SandFest will not use a dual-name or "formerly" line and will not display two logos in one sponsor position.

• Merger, acquisition, franchise change, or successor: If Sponsor merges, is acquired, leaves a franchise, or requests a successor substitution, the successor obtains sponsorship rights only with Texas SandFest's prior written consent. Consent may be conditioned on assuming unpaid obligations, providing new artwork, and confirming that the successor does not create a category conflict with another sponsor. Until consent is given, the sponsor of record and the submitted name and logo remain in place, subject to lock dates.

• Lock dates: Texas SandFest sets production lock dates for printed or published materials, signage, merchandise, and sand recognition and communicates them in advance of each production. After an item's lock date, that item remains in the name and logo submitted on the application. Texas SandFest has no obligation to recarve, reprint, or replace that recognition. Digital channels that are not yet locked may be updated. Locked printed or published pieces and sand recognition may not.

Texas SandFest's Right to Decline or Discontinue
Texas SandFest may decline a sponsorship before the term begins and before any benefit is delivered or Sponsor is publicly recognized. In that case, Texas SandFest will refund the fees received. After the term begins, or after any benefit has been delivered or Sponsor has been publicly recognized, Texas SandFest may discontinue recognition if Sponsor's conduct, business practices, or public reputation become inconsistent with the mission or image of Texas SandFest, as determined solely by Texas SandFest. Fees are not refunded. Texas SandFest has no obligation to provide a substitute benefit or a credit.

Photo & Media Use
Texas SandFest may photograph, video, or otherwise capture sponsor booths, signage, activations, and recognition displays at the Festival, and may use such images for its own promotional, archival, and media purposes, without additional compensation to Sponsor.

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Event Cancellation & Refunds

Texas SandFest is a rain-or-shine event. In the event of cancellation due to circumstances beyond Texas SandFest's reasonable control (including but not limited to mandatory evacuation, natural disaster, public health emergency, or pandemic), sponsorship fees are non-refundable but may, at Sponsor's election, be applied in full toward a future Texas SandFest Festival. Unused approved in-kind credit may likewise be applied to a future Festival. In-kind contributions already used are not re-credited. This section is separate from Texas SandFest's Right to Decline or Discontinue.

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Acts of God
Neither Texas SandFest nor Sponsor shall be deemed in breach of these Terms & Conditions for failure to perform due to acts or events beyond the reasonable control of the parties.

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No Waiver
Texas SandFest's failure to enforce any provision of these Terms & Conditions on any occasion does not waive its right to enforce that or any other provision at a later time.

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Choice of Law & Place of Suit
Any disputes arising under these Terms & Conditions shall be resolved under the laws of Texas. Any litigation arising under these Terms & Conditions shall be commenced and prosecuted in Nueces County, Texas.

Severability
If any provision of these Terms & Conditions is deemed invalid, it shall not affect the validity of the remaining terms.

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In-Kind Sponsorship

• Texas SandFest welcomes in-kind contributions of goods, services, and accommodations that directly support festival operations. Approved in-kind contributions may be credited toward official sponsorship tiers and their associated recognition benefits, provided the credited value meets the applicable threshold in the tier then in effect.

• All in-kind proposals require prior written approval from Texas SandFest. Proposals must be submitted at least fifteen (15) days before the Festival opens.

• Texas SandFest reserves an in-kind sponsorship when it issues written approval of the contribution and its credited value. Texas SandFest reserves any cash portion of a mixed sponsorship only when it receives the cash in full, or an approved payment plan is confirmed and kept current.

• Texas SandFest solely determines the fair market value of any in-kind contribution and the resulting sponsorship tier.

• Lodging contributions are valued and credited at standard operational room rates rather than at premium or luxury retail rates. Texas SandFest accepts luxury upgrades as voluntary contributions, but they do not increase the credited value.

• Texas SandFest does not accept donations of tickets, tours, or entries for external activities taking place during Texas SandFest weekend that would divert attendee, volunteer, or staff traffic from the festival grounds or conflict with scheduled programming.

• Texas SandFest reserves the right to decline any proposed contribution that does not align with current operational needs or budget priorities.

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