SOUNDSPLASH FESTIVAL - EVENT TERMS AND CONDITIONS
The following Event Terms and Conditions (the “Terms and Conditions”) apply to entry to all activities as part of the Soundsplash Festival 2021 (the “Event”) being undertaken by Soundsplash Ltd (the “Organiser”).
It is acknowledged and agreed that the Event is a ticketed event and the Terms and Conditions include the Ticket Purchase Terms and Conditions set out at the Organiser’s agents, ticketspace Ltd, website at https://ticketspace.nz. By purchasing a ticket to the Event and attending the Event, you warrant and represent that you assent with these Terms and Conditions. Please read these Terms and Conditions carefully.
Violation of these conditions of entry may result in denial of entry to or immediate ejection from the Event and may additionally result in your conduct being referred to the New Zealand police if deemed appropriate.
If you are denied entry to or are ejected from the Event by violating these Terms and Conditions, no refund of the ticket price or any other charges paid for the Event will be provided.
1. Conditions of Entry
1.1. Patrons must provide valid photo ID to enter the Event. Accepted forms of ID include Passport, New Zealand Driver’s Licence, 18+ Card. All ID must be valid and include a photograph. Photocopies or expired forms of ID will not be accepted.
1.2. Patrons must have an individual valid Event wristband or other authorisation or accreditation to enter the Event. Any patron found not to be wearing an official Event wristband will be ejected from the Event. Any person gaining unauthorised access to the Event may be liable to prosecution by the Organiser. Patrons are not permitted to wear gang colours, patches or insignias. Any patron wearing gang colours, patches or insignias will be refused entry to the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.
1.3. All child patrons, being those patrons fifteen years and under must be accompanied by a parent, or a guardian over the age of twenty five years and such parent or guardian must have a valid ticket to the Event. Any patrons 15 years and under not accompanied by a parent or guardian over the age of twenty five years will be refused entry to the Event. Any guardian that is not over the age of twenty five years who does not enter the Event due to the accompaniment of a child patron under the age of fifteen years, will not be entitled to any refund of the ticket price or any other charges paid for the Event. Guardians must remain onsite for the duration of the festival. There is a maximum limit of two child patrons under the age of 15 years to accompany one adult patron over the age of 25 years.
1.4. The Organiser reserves the right to refuse entry to any person for whatever lawful reason in the Organiser’s sole discretion.
1.5. The Event is conducted on a reserve with a natural amphitheatre and is challenging for wheelchairs. The Organiser will provide reasonable assistance to patrons in wheelchairs but it is the patrons’ responsibility to ensure that they can attend and move freely around the Event sites.
1.6. The Event utilises strobe and flashing lighting. If you think this will cause issues for you and your enjoyment of the Event, the Organiser would advise against you attending the Event. The Organiser will not provide any refund of the ticket price or any other charges paid for the Event in the event that any patron’s enjoyment of the Event is disrupted by the lighting used or in the event that any patron suffers a reaction to the lighting used.
1.7. You may not bring alcohol, glass bottles, illegal drugs, or any other dangerous items into the Event including onto the Wainui Reserve and camping areas. Event patrons, their vehicles and belongings will be searched upon entry to the Event, and any alcohol or banned items found will be confiscated and not returned without compensation to the patron. The Organisers reserve the right to refuse entry to Patrons that fail to comply.
1.8. The Event is fully licensed to permitted patrons. Alcohol sales are subject to Responsible Service of Alcohol and Harm Minimisation Practices. Organiser is prohibited by law from serving liquor to intoxicated persons or to anyone under the age of eighteen. Anyone who is deemed in Organiser’s sole discretion to be intoxicated will be refused entry to or may be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.
1.9. Entry to the Event is at your own risk. Without limiting the generality of the foregoing, appropriate footwear and clothing must be worn at all times at the Event. To the extent permitted by law, the Organiser takes no responsibility for any hearing damage or loss caused by excessive noise at the Event.
1.10. To the full extent permitted by law, you hereby waive all legal rights of action against and fully release the Organiser, its agents, employees and volunteers for all claims for compensation or loss, damage, injury or death howsoever arising in relation to your attendance at the Event including without limitation, liability for any negligent or tortious act or omission on the part of the Organiser, its agents, employees and volunteers.
1.11. In the case of any emergency at the Event, you must follow all directives of the Organiser or other authorised personnel.
1.12. Where entry is denied to a person for any reason including but not limited to failure to comply with the above Conditions of Entry, that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be.
1.13. This Agreement is governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand.
2. Prohibited Behaviour
2.1. For the safety of patrons, staff, artists, and the Event venue, any dangerous, unruly, offensive, disturbing or inebriated behaviour is strictly prohibited.
2.2. Consumption of alcohol is strictly prohibited outside of the licenced areas of the Event.
2.3. Alcohol may not be consumed in the public areas in the vicinity of the Event and fines may apply.
2.4. Patrons must not damage or remove any vegetation or property surrounding the Event venue or sites.
2.5. Patrons must not enter any Event areas designated as private. Unauthorised access to restricted areas is also prohibited and any patron who does so will be trespassing and may be subject to prosecution.
2.6. Activities such as “stage diving”, “moshing”, “climbing” and “crowd surfing” are strictly prohibited and will be enforced by security. Any patrons damaging other patrons’ property or property of the Organiser or related to the Event will be ejected from the Event and will not be entitled to any refund, or compensation of any kind.
2.7. Patrons causing a disturbance or refusing to comply with requests from Event security or staff will be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.
2.8. Patrons must keep noise to a minimum and be respectful to the Event site neighbours and surrounds. Patrons shall not be entitled to hold any parties or loud gatherings on the Event site and the use of sound systems is prohibited after 1am each night. In the event that any patron is found to be in breach of these restrictions may be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.
2.9. Any patron found to be misrepresenting themselves as a member of Event staff or security, or other personnel including the use of high-visibility clothing or making statements inferring the same will be ejected from the Event and will not be entitled to any refund, or compensation of any kind.
2.10. Any person found engaging in any of the above prohibited behaviour will be ejected from the Event and that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be.
3. Event Management
3.1. The Event line up, playing days and set times are subject to change by the Organiser without notice.
3.2. The Organiser reserves the right to vary advertised programs, workshops and to add, withdraw or substitute artists where necessary in Organiser’s sole discretion.
3.3. The Organiser reserves the right to alter the entry times into the Event site and camping grounds without notice.
3.4. The Organiser shall not be held liable for any costs incurred by any patron relating to change of travel dates or times due to any changes in the Event programme or early closing of the Event for any reason.
3.5. Parts of the Event will take place outdoors and as such may from time to time be subject to adverse weather. Patrons are advised to bring suitable clothing and equipment to protect from weather conditions including but not limited to: rain; hail; wind; sunshine.
3.6. Events which are scheduled to take place outdoors will only be cancelled in the event that the weather is such that it poses a safety threat to patrons and staff. The decision to cancel the Event or any part thereof is made in the Organiser’s sole discretion and may be made at any time up to the Event or during the Event.
4. Recording, Photography and Filming
4.1. The use of audio recording and photographic or filming equipment during events for commercial gain is prohibited save in cases where The Organiser’s prior written permission has been obtained. Strictly no aerial drones are allowed at the Event and any such use shall be against council regulations and any patron caught with a drone will have the drone confiscated and additionally may be subject to a fine by the local council authorities.
4.2. The Organiser reserves the right to refuse entry or eject from any event any person in possession of any equipment capable of taking audio recordings, photographs, making films, sound recordings or broadcasts for professional or commercial purposes. The Organiser also reserves the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised or prohibited recording, filming or photography.
4.3. The terms in 4.2. shall not apply to any equipment designed for personal private use, such as a mobile telephone or a camera, where such use is not for commercial gain.
4.4. By entry into the event, all persons allow consent as part of the audience to be filmed, photographed and recorded:
a. for television, radio, webcast and other public broadcast in any medium
b. for any video or DVD
c. by onsite CCTV cameras for security purposes
and they further consent to their actual or simulated likeness being included within any such film, photograph, audio or audio-visual recording.
4.5. Copyright in any such recording as is referred to above shall reside with The Organiser and all persons entering the event hereby agree that such recordings may be used by The Organiser in any and all media for any purpose at any time throughout the world, including use in commercial distribution or use for commercial purposes, such as merchandising or DVDs, without payment or compensation.
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TICKETSPACE TERMS AND CONDITIONS OF PURCHASE
1. Terms of Sale
1.1 These terms of sale set out the terms and conditions that apply to all purchases of tickets from the website. If you purchase a ticket from the website, you are deemed to have accepted these terms of sale and agreed to be bound by them.
1.2 We reserve the right to vary these terms of sale at any time. Any variation will be effective immediately upon posting of the amended terms of sale on the website. On purchasing tickets from the website after this date, you agree to be bound by the amended terms of sale.
2. Ticketspace as Agent
2.1 We sell tickets as an agent for and on behalf of the presenter. Any representations made by the presenter with reference to the event and any associated claims or complaints are the responsibility of the presenter and not us.
2.2 All tickets are subject to the presenters terms and conditions of sale. It is your responsibility to ensure that you are familiar with the presenters terms and conditions. We can provide you with a copy of the presenters terms and conditions on request.
2.3 If there is any inconsistency between these terms of sale and the presenters terms and conditions, or these terms of sale are silent on an issue, then the presenters terms and conditions will prevail to the extent of such inconsistency / silence.
2.4 Each ticket is a license granted to you by the presenter to attend the event. Your contractual relationship is therefore with the presenter in terms of attendance at the event.
3. Currency and Pricing
3.1 All ticket prices are stated in New Zealand Dollars (NZ$) unless otherwise stated.
3.2 All prices include GST unless otherwise stated
3.3 Where concessions are applicable, valid identification must be provided for collection of tickets and upon entry at the event venue. The presenter reserves the right to refuse admission if valid identification is not provided.
4. Availability
4.1 We do not set the ticket prices or determine seating locations as tickets are sold on behalf of presenters. Tickets are generally sold through several distribution points, including online, participating outlets and box offices. As most distribution points generally access the same ticketing inventory, tickets for popular events may sell out quickly. We do not control this inventory or its availability.
5. Order Confirmation
5.1 When you complete a purchase online, you will receive a confirmation email. This will confirm your purchase and enable you to access your tickets once they have been released. If you do not receive your confirmation email then it is your responsibility to contact us to inform us. If you do not inform us that you have not received confirmation, we will be unable to guarantee that your purchase was successful. This may result in you being unable to purchase tickets if the event is sold out.
5.2 Delayed Delivery of tickets for Bay Dreams means that although you will receive your confirmation email, your e-ticket will be made available to you once the presenter decides to make them available. All e-tickets will be emailed out and made available no less than 14 days prior to the event date.
6. Booking Fees
6.1 All tickets purchased through the website are subject to service and or booking fee.
6.2 All ticket purchased through the website are also subjected to a card processing fee.
6.3 Some tickets may also be subject to a delivery fee.
7. Cancelled Events
7.1 The presenter reserves the right to add, withdraw or replace any artist or performer, and to amend the event program, including date(s), prices, venue capacity and/or seating arrangements.
7.2 Occasionally, events are cancelled by the presenter due to circumstances beyond their control, such as weather conditions. Should this occur, please contact us for information on the procedure for receiving a refund for your ticket(s).
7.3 Refunds are at the sole discretion and control of the presenter. We simply facilitate any refunds on behalf of the presenter.
7.5 Refund limitations may be set by the presenter if the event is changed, relocated or rescheduled.
7.6 Delivery and booking fees are not refundable.
8. Refunds and Exchanges
9.1 Unless authorised to do so by the presenter or required by law, we do not provide refunds or exchanges on any tickets purchased. Therefore, please ensure that you carefully review your event and seat selection before processing the purchase.
8.2 If a refund is authorised by the presenter or required by law, any delivery or booking fees are not refundable.
9. Ticket Limits
9.1 Tickets may be subject to a limited number of tickets that each customer can purchase for an event. This limit will be published as part of the event information.
10. Multiple Browser Windows
10.1 When purchasing tickets online, please ensure that you are viewing the tickets using only one browser window. Viewing tickets on multiple browser windows will result in the loss of your ticket.
11. Limitation of Liability
11.1 We assume no liability for any loss of any kind arising out of your attendance at an event. Any liability arising is a matter between you and the presenter or other party.
11.2 By purchasing tickets on behalf of others, including minors, you acknowledge that those parties are aware of all terms and conditions relating to their tickets and their entry and attendance at the event.
11.3 To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the event and we will not be responsible or liable for any loss, injury or damage however caused (including to any person or property), including under contract, tort, statute, product liability or otherwise, whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website, your use of or the inability to use the tickets, the cancellation or postponement of the event, or for any other reason whatsoever.
12. Re-Sale of Tickets not permitted
12.1 No ticket may be resold at a premium, used for advertising, promotion or other commercial purposes without formal written authorisation from Ticketspace or the presenter. Any breach of this term will result in you or the ticket holder being refused admission or being ejected from the event.
13. Attendance
13.1 You must hold a valid ticket to attend the event. Unless tickets are purchased from an authorised sales channel, they may be voided or you may be refused admission.
13.2 Tickets purchased online are available to print by accessing the link contained in the confirmation email or by accessing your Ticketspace Account. If multiple copies of tickets are printed, only the first to be scanned will allow admission.
13.3 The presenter reserves the right to refuse admission or to eject you or the ticket holder from the event, without compensation to you, in circumstances where the presenter considers it has cause. This includes (without limitation) where tickets are lost or damaged, where you engage in conduct that unreasonably interferes with the enjoyment of the event by others (i.e. by fighting, being abusive or disorderly, hampering the conduct of the event or otherwise), and where you do not comply with the presenters terms and conditions.
13.4 You must comply with all security requirements of the presenter and the event venue in relation to your attendance, which may include (without limitation) you and your belongings being searched on entry, and the confiscation of any prohibited items, such as cameras and recording devices.
14. Terms and Conditions
14.1 presenter refers to the party presenting the event. This may include, but is not limited to, a promoter, producer, team, band or venue.
14.2 we/us/our are all references to Ticketspace.
14.3 website means and includes www.soundsplash.co.nz, www.ticketspace.co.nz, www.ticketspace.nz, www.theticketspace.com and any page derived from these websites and any page owned by Ticketspace.
14.4 you/your are all references to you, as the purchaser of the ticket and/or attendee of the event.
End.