Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS OF SALE AND ADMISSION
These terms and conditions apply to the sale of tickets (“Tickets”) and admission to the Festival ‘Shine On Festival’ (the “Festival”) to be held on a private property near Western Victoria (the “Festival Site”) operated and promoted by Sound Event Group Pty Ltd (ABN 18 237 905 292) (the “Promoter”). These terms and conditions should be read in conjunction with additional information found on the Promoter’s website www.shineonfestival.com.au (the “Website”) and statements and directives found on Tickets to the Festival as well as at the Festival Site (collectively the “Terms and Conditions”).
By purchasing a Ticket to the Festival, you (“You” or the “Ticket Holder”) agree to be legally bound by these Terms and Conditions, just as if you had signed a written agreement containing these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not purchase a Ticket to the Festival nor attend the Festival. The Promoter reserves its rights to alter the Terms and Conditions at any time and it is your duty to check the Website or at the Festival Site for posted changes.
Terms and Conditions
Tickets
1. The Promoter agrees to sell you a Ticket on the strict basis that you agree to be legally bound by the Terms and Conditions.
2. Tickets are sold for personal use only, are non-transferable and not for resale.
3. You may be refused entry to the Festival if your Ticket is found to be cancelled, damaged or defaced in any way and /or has not been purchased through an authorised Ticketing agent.
Refunds & Replacement Tickets
4. All Tickets sales are FINAL AND BINDING.
5. The Promoter will not replace lost, destroyed, damaged or stolen Tickets.
6. A change in personal circumstances of the Ticket Holder does not entitle the Ticket Holder to a refund.
7. The Promoter reserves the right to change the Festival line-up, artist performance times, amount of stages, amenities, amount or type of stalls, Festival programmes, camping ground layouts, Festival Site layout or any other Festival facility or attraction (jointly “Facilities and Attractions”) without notice to you. No refunds will be available in the Festival the Facilities and Attractions are changed.
8. No refunds will be given in the Festival of poor weather prior to, during or after the Festival. The show will go on rain or shine!
9. Refunds are available if the Festival is cancelled entirely. Only the value of the Ticket (not booking fees or personal expense or travel that customers have incurred to get to the Festival) will be refunded.
Access to Festival Site
10. You shall be permitted to enter and leave the Festival Site according to strict timelines published on the Website by the Promoter prior to the Festival dates.
11. The Promoter fully reserves the right to refuse any Ticket Holder entry to the Festival Site if the Promoter in its sole discretion believes that the Ticket Holder would be a potential threat to security or the smooth running of the Festival. In the event a Ticket Holder is refused entry to the Festival pursuant to this clause,
that Ticket Holder shall not in any circumstance be entitled to a Ticket refund.
12. Ticket Holders must wear a wristband at all time during the Festival. If you are caught without a wristband, you will be removed from the Festival Site.
13. If you are collecting Tickets at the Festival gate, you must provide Festival staff with valid photographic identification. If you fail to do so, you may not be admitted entry to the Festival.
14. It is a condition of entry to the Festival that all Ticket Holders must allow Festival staff to search their vehicles, clothes, bags and other possessions prior to entering the Festival Site. If you fail to do so, you may
not be admitted entry to the Festival.
15. Your Ticket shall only provide access to signed ‘public’ areas at the Festival Site. You agree to keep within the signed ‘public’ areas of the Festival Site. Ticket Holders who are found in unauthorised areas may be asked to leave the Festival. Ticket Holders who are found outside the boundaries of the Festival Site will be
considered trespassers and subject to prosecution by local authorities.
16. The Promoter reserves the right to evict any Ticket Holder who does not comply with the Terms and Conditions hereunder.
Conduct of Ticket Holders
17. You will follow all directions of Festival Staff at all times during the Festival.
18. Community standards of behaviour are expected at all times during the journey to the Festival, during the Festival and during the journey home from the Festival. Persons deemed to be behaving in a manner that is dangerous or unacceptable to the Promoter be refused entry, removed from the Festival Site and/or reported to local authorities.
19. The Promoter cares for the environment and community. Please be respectful and place any litter in the bins provided around the Festival Site. Be waste and water wise - thank you.
20. Footwear must be worn at all times on the Festival Site.
Minors
21. A parent or legal guardian (“Guardians”) must accompany any person under the age of 18 (“Minors”) who attends the Festival. Guardians must supervise Minors at all times during the Festival and be responsible at all times for the safety and wellbeing of the Minors.
22. Minors under the age of 15 may enter the Festival free of charge. All other Minors shall be required to purchase a Ticket.
23. These Terms and Conditions apply in full to all Minors and Guardians must ensure that Minors in their charge, comply with these Terms and Conditions.
24. Guardians hereby agree to hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all liability for all demands, loss, liability, claims or expenses (including legal fees) incurred by a Minor in his/her charge or caused to third parties by a Minor in his/her charge, arising out of that Minor’s attendance at the Festival or any breach by that Minor of these Terms and Conditions.
Intellectual Property
25. The Promoter is the exclusive owner of the trade mark ‘Shine On Festival’, Festival logos, artwork, photographs, videos and other material created to promote the Festival (“Festival IP”). Should you wish to use the Festival IP other than for private, non-commercial purposes, you must obtain the prior written
consent of the Promoter
26. Audiovisual recordings of the Festival are prohibited. You may take photographs with still cameras however such images may only be used for private, non-commercial purposes and must not be publicly displayed. If you wish to use a professional camera or video recorder, you must seek the prior consent of the Promoter.
27. You acknowledge that the Promoter will be taking photos, videos and other recordings of the Festival. By purchasing a Ticket and/or attending the Festival, you hereby voluntarily and irrevocably consent to photos, videos and other recordings being taken of you by a photographer and/or videographer employed, engaged, or otherwise approved by the Promoter (“Official Recordings”). You acknowledge that the Promoter shall exclusively own and control all rights (including copyright) in the Official Recordings and you hereby assign to the Promoter all present and future rights in the entire copyright (and all other present and future rights including rights as a performer) throughout the world in all media in perpetuity. You hereby grant the Promoter (and its licensees or representatives), the right to use and exploit the Official Recordings in the
Promoter’s absolute discretion throughout the world in all media in perpetuity.
Restrictions
28. A TOTAL FIRE BAN is in operation for the entire duration of the Festival. This means that you are not permitted to operate naked flames, campfires, BBQ’s, candles, gas stoves and other potentially hazardous materials or items.
29. The possession, sale or use of illegal drugs or illicit substances is strictly prohibited. The Promoter does not condone or endorse the use of such substances and any Ticket Holder found with them in their possession will be removed from the Festival Site.
30. The following items are also strictly prohibited on the Festival grounds:• No illegal, dangerous or menacing items;
• No mini-bikes or other similar motorized vehicles;
•No glass bottles, containers or breakable drinking glasses;
•No pyrotechnics, fire crackers, sparklers or flares;
•No dogs or pets (guide dogs only excepted); and any Ticket Holder found with them in their possession will be removed from the Festival Site.
Waiver
31. You hereby acknowledge that the Festival Site and/or the land it is staged on is an inherently dangerous place that may contain all manner of obstacles, risks and dangers, both known and unknown, natural and man made which may result in loss or damage to your property, personal injury or even death. Knowing
this to be the case, if you choose to attend the Festival and enter the Festival Site, you do so AT YOUR OWN RISK, waiving and foregoing any rights to make any claims for losses and injuries.
Loss & Damage
32. You must not cause damage to, improperly use, remove, steal or tamper with any public facility, Festival infrastructure (“Festival Property”) or cause any damage to the Festival Site’s neighbouring properties and local communities (including in the township of Beauford). You agree that you shall be held fully liable for any loss or damage to Festival Property or other damage caused by you.
33. To the fullest extent permitted by law, the Promoter does not accept liability of any nature for the acts, omissions or default of the Promoter or of any third parties providing services in connection with the Festival or any liability for any injury, damage, loss, delay or additional expenses which may be incurred by you at or in association with the Festival.
34. The Promoter will not be held responsible whatsoever for any loss or damage to any property (including without limitation personal property s