TERMS AND CONDITIONS OF SALE AND ADMISSION – LET THEM EAT CAKE FESTIVAL 2013
Let Them Eat Cake Festival 2013 (the “Festival”) is operated and promoted by NYD Festival Pty Ltd (ACN 159 727 223) (the “Promoter”) to be held at Werribee Park, Victoria (the “Festival Site”) on New Years Day 2013.
By purchasing a ticket to the Festival or otherwise being granted entry by the Promoter to the Festival, you agree to be legally bound by the following terms and conditions (as amended from time to time). The Promoter may alter or change the Terms and Conditions at any time, by posting changes on www.letthemeatcakenyd.com.au.
Terms and Conditions
1. Tickets are sold or otherwise provided to you for personal use only. They are non-transferable and are not for resale (including on online auction websites).
2. 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 you may be refused entry to the Festival. Receipts for purchase of your ticket are not a valid substitute for your ticket.
3. The Festival is strictly an 18+ event. You must present your photographic ID to obtain entry to the Festival Site and carry it on you at all times during the Festival.
Refunds & Replacement tickets
4. All tickets sales are final and binding. The Promoter will not replace lost, destroyed, damaged or stolen tickets. The Promoter will not be required to refund any ticket purchases whatsoever.
5. The Promoter, in its sole discretion, may make changes or alterations to the Festival without notice, including without limitation changes to the artist line-up, artist performance times, stages, amenities or any other Festival facility or attraction (jointly “Facilities and Attractions”).
6. The Promoter reserves its right to cancel the Festival at any time due to a Force Majeure Event, which in the Promoter’s sole discretion makes it logistically impossible to continue to operate the Festival. “Force Majeure Event” shall mean anything outside the Promoter’s reasonable control, including without limitation, fire, bad weather, damage to Festival Site caused by bad weather, rain, flood, drought, storm, lightning, act of god, explosion, sabotage, accident, labour dispute, council or police rulings or war.
7. Ticket refunds are only available if the Promoter cancels the Festival entirely. Booking Fees are not refundable. The Promoter shall not be required to provide ticket refunds (in whole or in part) or other compensation to ticket holders if the Facilities and Attractions are changed or due to poor weather prior to, during or after the Festival.
8. The words ‘Let Them Eat Cake Festival' and associated trademarks, the Let Them Eat Cake Festival logo, artwork, photographs, videos and other material created to promote the festival are exclusively owned by the Promoter (“Festival IP”). Festival IP cannot be used without the prior written consent of the presenter.
9. No video or audio recordings at the Festival are permitted. 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.
10. You acknowledge that the Promoter and authorised third parties will be taking photos, videos and other recordings of the Festival. By entering the Festival Site, you 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”).
11. 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.
Access to Festival Site
12. 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.
13. There will be no pass outs at the Festival. Once you have exited the Festival Site you will not be allowed to re-enter.
14. Ticket Holders must wear a wristband at all times during the Festival. If you are caught without a wristband, you will be removed from the Festival Site. 15. It is a condition of entry to the Festival that all ticket holders must allow Festival staff to search their 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. 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.
Conduct of Ticket Holders
16. You will follow all directions of Festival staff at all times during the Festival.
17. Community standards of behaviour are expected at all times during the commute to the Festival, during the Festival and during the commute home from the Festival.
18. The Promoter reserves the right to evict any ticket Holder who does not comply with the Terms and Conditions hereunder.
19. You are not permitted to bring to the Festival any illegal, dangerous or hazardous materials or anything that could potentially cause harm to the Festival Site or others.
20. The possession, sale or use of illegal drugs or illicit substances is strictly prohibited, any ticket holder found with such substances in their possession will be refused entry, removed from the Festival Site and/or reported to local authorities.
Loss & Damage
21. 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. You agree that you shall be held fully liable for any loss or damage to Festival Property or other damage caused by your act or omission.
22. 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.
23. The Promoter will not be held responsible whatsoever for any loss or damage to any property (including without limitation personal property such as bags, money or other personal items) brought to or purchased at the Festival.
24. The Promoter does not accept liability for any injury, damage, loss, delay or additional expenses, which may be incurred by you as a result of a Force Majeure Event or cancellation of the Festival due to a Force Majeure Event.
25. You agree to indemnify and hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees) made against the Promoter or by any third party due to or arising out of your attendance at the Festival or any breach by you of the terms and conditions of this Agreement.
26. You 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 you or caused to third parties by you, arising out of your attendance at the Festival or any breach by your of the terms and conditions of this Agreement.