SYNTHONY TERMS AND CONDITIONS
The terms and conditions set out below (Terms and Conditions) constitute a binding contract between Duco Touring Limited of PO Box 969, Shortland Street, Auckland 1140, New Zealand (Promoter) and the person holding or using a ticket to the event “SYNTHONY IN THE DOMAIN” (Event) at the Auckland Domain, New Zealand (Venue) irrespective of whether the ticket was purchased by the person, or using the ticket, and applies to any subsequent holders or recipient of the ticket (you or your).
Tickets sold or given to the Event, and admission to the Event is granted on the express condition that you agree to be bound by these Terms and Conditions and any policy prepared by the Promoter, including the Privacy Policy available at [insert] (Privacy Policy), and any other rules and regulations issued by the Promoter applicable to the Event (Event Terms).
Compliance with Laws and Directions
You must follow all reasonable directions of the Promoter and its employees, personnel, agents, contractors and sub-contractors (Event Staff), including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Venue. You must comply with all applicable laws (including regulations) and Event Terms at all times during the Events.
The Promoter may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of the Promoter in connection with the Event.
In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Promoter, security staff and emergency services personnel.
Event Tickets
Entry to the Venue will be granted upon presentation of:
1. A bar-coded ticket
2. A bar-coded print-at-home PDF ticket
3. A bar-coded electronic ticket on your personal mobile device,
validly issued by the Promoter or its authorised third-party representative of the Promoter (Event Tickets), including but not limited to any independent ticketing outlet (Ticket Merchant).
Event Tickets that are lost, stolen, destroyed or damaged will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Event Tickets that are tampered with, damaged or defaced will be rendered invalid and will not be replaced. Any person found without an Event Ticket may be evicted from the Venue by the Promoter or Event Staff.
You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.
In addition to these Event Terms, you are subject to any and all terms and conditions of the Ticket Merchant, which can be found at the relevant website (Ticketing Terms). For further information regarding the Ticketing Terms, please contact the relevant Ticket Merchant. You are responsible for making your own enquiries into the Ticketing Terms, and all enquiries and issues in relation to processing of fees for Event Tickets or in connection to the Ticket Merchant platform must be directed to the Ticket Merchant. In no event shall we be responsible or liable for any fee processing issue or error through a Ticket Merchant platform.
Ticket Restrictions
Event Tickets may not, without the prior written consent of Promoter, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket is sold or offered for re-¬sale or used in breach of this condition, the Event Ticket may be cancelled without a refund and the holder of the Event Ticket may be refused admission or evicted from the Event.
The Promoter reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person and may cancel any Event Tickets obtained above such limit by any one person.
Refusal of entry or eviction from Event
The Promoter reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Event Site that:
• fails to comply with the Event Terms;
• is unable to provide valid and current proof of age documentation when requested;
• engages in any illegal activity or behaviour or any activity or behaviour deemed in the Promoter’s absolute discretion to be unsafe, disorderly or antisocial, including, but not limited to being intoxicated or affected by alcohol or drugs;
• crowd surfing, moshing or stage diving;
• entering non-public or designated no access areas of the Venue or areas of the Venue to which your Event Ticket does not permit access;
• climbing the staging, rigging or other structures at the Venue;
• causing damage to property or goods at the Venue; or
• acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner or for any other reason in the Promoter’s absolute discretion.
Search on entry to Venue
It is a condition of entry to the Venue that a search of you and/or your possessions be conducted at the time of entry to the Venue and at other times if requested by the Promoter or Event Staff. This may include, but is not limited to, bag checks, vehicle searches, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Venue, or evicted from the Venue.
Photographing and/or recording of the Event
Personal digital cameras (including smartphones) are permitted at the Event, but professional photography equipment (including, but not limited to telephoto lenses, any lens over 20cm or any detachable lens) is not permitted at the Event without written authorisation issued by the Promoter. The Promoter shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment. Photos of artists, musicians and/or the Event are permitted only on the basis that:
1. images are only used for private and personal use; and
2. images cannot be made available for sale and/or public display.
The Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photographs created by unauthorised or prohibited recording, filming or photography.
You agree that the Promoter and/or any person authorised by it may issue take down notices and cease and desist notices in relation to any authorised content taken or recorded during the Event.
Recording and Photographing of the Event by Promoter
You consent to be included in any audio recordings, audio-visual recordings (Including drone) and photographs of the Event created by, at the direction of, or with the authority of the Promoter (Materials). In the event that you hold any rights in the Materials, you irrevocably grant to the Promoter an irrevocable, perpetual, royalty free, fully paid up, worldwide licence in and to the Materials owned, controlled or created by you for the Promoter to hold, reproduce, publish, perform in public, communicate in public, use and other exploit in any context in any and all media now known or later devised absolutely (including for advertising, marketing and promotional purposes whether in respect of the Promoter or third parties), free from any claims whatsoever from you, without any fee or compensation payable to you. You waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to the Promoter, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.
By attending these events you are providing perpetual permission to be filmed, photographed or used in any promotional material by Duco Touring Limited and/or festival partners. You also consent to UAV's (drones) being operated above you in any form under CAA conditions as well as capturing your image. Duco Touring have no obligation to notify you in using such material.
Alcohol
The Event is fully licensed. You must not bring alcohol into the Venue. Only alcohol purchased from bars at the Event may be consumed at the Venue. You must be aged 18 years or over to purchase and/or consume alcohol on the Venue and you must provide photographic identification documents to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Venue and the Promoter may report your conduct to the police.
Food and non-alcoholic drinks
Food and non-alcoholic drinks will not be permitted into the Event with the exception of empty plastic bottles (no glass) which are permitted into the Venue for filling with water at the Event Site only.
No Smoking
Areas at the Event Site may be designated as non-smoking areas and you must comply with any such designation. No smoking is permitted in any indoor or undercover area of the Event Site or in, or within 4 metres of any dining or food service area. Smoking includes but is not limited to smoking or use of cigarettes, electronic cigarettes and vaporisers.
Drugs and illegal substances
If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Promoter or Event Staff, you shall be evicted from the Event Site and the Promoter may notify the Police.
Prohibited Items
The Promoter and Event Staff may confiscate any Prohibited Items or any other items which the Promoter, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed. If you have any medical or mobility equipment necessary for your health that may otherwise be considered a Prohibited Item, please bring this to the attention of the Promoter or Event Staff prior to entry to the Event.
The following items are prohibited and must not be brought into the Event Site (Prohibited Items):
• Glass of any kind (including bottles and jars)
• Alcohol
• Air horns
• Illegal or illicit substances
• Weapons of any sort including tasers and pepper spray
• Nitrous oxide bulbs and cannisters
• Items capable of being used as a projectile
• Baseball bats and cricket bats or any similar item or equipment
• Trading signs
• Animals (excluding service dogs such as guide dogs and police/emergency service dogs)
• Flares, fireworks, sparklers or fire twirling equipment
• Instruments
• Drones
• BBQs, gas bottles and butane cannisters or cylinders
• Fires and open flames of any kind
• Flammable items
• Explosives
• Large sound systems
• Portable laser pens/equipment
• Couches, armchairs or large items of furniture (Low fold up camping chairs are allowed)
• Studded clothing, footwear or accessories
• Audio or video recording devices (other than a mobile phone)
• Professional photography equipment (e.g. telephoto lenses; any lens over 20cm; any detachable lens or anything deemed by the Promoter to be professional photography equipment)
• Skateboards, scooters, rollerblades, roller-skates, bicycles, motorised vehicles or similar
• Advanced personal vaporizers (or modified APVs) or liquid refills for E-Cigs
• Kites or sky lanterns
• Toy guns, water guns or slingshots
• Monopods, tripods or attachment sticks(selfie-sticks)
• Unauthorised solicitation materials including handbills, flyers, stickers, beach balls, give-aways, samples or other promotional items
• Eskies and coolers
• Umbrellas
• Any other dangerous, unsafe, illegal or offensive items
Refund and Cancellation Policy
The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, the date, the entry and exit times, the amenities, the facilities, the attractions, the entertainment, and the Venue for the Event at its discretion without prior notification. The Event may take place regardless of weather conditions. You acknowledge that you are purchasing a ticket to attend the Event, and not to see a specific act or acts or for any specific weather condition. You acknowledge that the Promoter does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties by the Promoter regarding the above in connection with your purchase of an Event Ticket.
Except where required by law, there will be no refund of any Event Tickets or for any unused portion of an Event Ticket. The Event is an all-weather event and will take place rain, hail or shine (unless affected by a Force Majeure Event). You should be prepared for all weather conditions. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or evicted from the Event Site by the Promoter or Event Staff in accordance with the Event Terms, if you fail to attend the Event, if you arrive after the commencement of the Event, if you leave the Event Site prior to the conclusion of the Event, or if you purchase the incorrect type of Event Ticket.
You will receive a full refund less up to 5% administration fee, if the Event is cancelled (in whole or in part) by the Promoter as a result of any act of God; extreme weather; bushfires; war; council or governmental rulings or decisions; actions or decisions of the police or other authorities; cancellation by the Venue owner, lessee or controller; or for any reason outside of the Promoter’s reasonable control (Force Majeure Event).
Release
To the full extent permitted by law, you waive all legal rights of action against and fully release the Promoter; Event Staff; the owners, lessees and controllers of the Venue; and the respective members, directors, officers, employees, volunteers, contractors or agents of the aforementioned (Released Parties) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss suffered or incurred howsoever arising out of or in connection with (whether directly or indirectly) the Event, your attendance at or participation in the Event, including, but not limited to, liability for any negligent or tortious act or omission of the Released Parties, under any laws or regulations or for a breach of the Event Terms.
Indemnity
You agree to indemnify the Released Parties against any loss or damage any of them may suffer as a result of your willful, negligent or reckless acts or omissions at the Event or as a result of your breach of the Event Terms.
Promoter’s Liability
To the extent permitted by law, the Released Parties will not be liable or responsible for any loss, damage, injury, delays, additional expenses or inconvenience suffered or incurred by you or any person in or entering or exiting the Venue, participating in the Event or otherwise in connection with the Event whether caused by the negligence of Promoter or any of the Released Parties and whether arising in tort, contract, bailment or otherwise. Where liability cannot be excluded or modified by law, the liability of the Released Parties is limited to the minimum permitted by law.
Notwithstanding anything else in these Event Terms, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, the Promoter’s liability for breach of a condition or warranty implied into these Event Terms is limited to the retail value of the Event Ticket.
Voluntary Assumption of Risk
Entry to the Event and Venue is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury and damage to you and your property. By attending the Event and entering the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Event.
Your Personal Information
Your personal information will be collected and handled in accordance with the Privacy Policy.
Novation or Assignment
The Promoter may novate or assign its rights and/or obligations under these Terms and Conditions. Where the assignee or novatee assumes the rights and/or obligations of the Promoter under these Terms and Conditions, the Promoter shall be released from all such rights or obligations.
Severability
If any provision or part of a provision of these Terms and Conditions is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.
Variations to Event Terms
These Terms and Conditions and/or any of the Event Terms may varied at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.