General Terms and Conditions
General Terms and Conditions

Whitianga Oceans Festival 2021 – Terms and Conditions of Sale:



Scallop Festival Inc (Organiser) organises the Whitianga Oceans Festival. By purchasing a ticket for an event organised and provided by the Organiser, you agree to be bound by these Terms and Conditions. Please read them carefully.



Refund and Cancellation Policy:

The Organiser will not be liable for any failure or delay in providing the event for which you have purchased a ticket if:

(a) The failure or delay arises directly or indirectly from an event or circumstance unforeseeable or reasonably beyond the Organiser’s control and not arising from the insolvency, or an intentional act or omission, of the Organiser (force majeure event). A force majeure event includes but is not limited to the following:

(i) act of God;

(ii) earthquake, flood, fire, storm and adverse weather conditions or natural events for which provision could not reasonably have been made;

(iii) interruption or failure of any utility services;

(iv) unpredictable delays which could not reasonably be prevented in delivery of materials, equipment or services;

(v) sabotage, riot, civil disturbance, explosion, terrorist acts, epidemic, pandemic, national emergency, or act of war;

(vi) governmental restraint, sanction, expropriation, prohibition, intervention, direction or embargo;

(vii) strike, lockout, work stoppage or other labour hindrance; and

(viii) any situation that arises due to Covid-19.



(b) the Organiser complies with clause (c) below.

(c) If the Organiser wishes to rely on clause (a) it will:

(i) give you written notice as soon as possible after becoming aware of a force majeure event or likelihood of a force majeure event;

(ii) in that notice, provide details of the nature, expected duration and effect of the force majeure event; and

(iii) keep you informed of any material changes in the nature of the cause and of the cessation of the force majeure event.



(d) Due to the committed costs of organising events, if a force majeure event occurs, the Organiser may, in its sole discretion:

(i) provide a full refund for the ticket(s) purchased; or

(ii) provide a partial refund for ticket(s) purchased; or

(iii) transfer the ticket(s) to an alternative event date; or

(iv) decline to provide any refund.



(e) The Organiser shall be entitled to vary these Terms and Conditions from time to time and you shall be bound by such variation from the date that updated Terms and Conditions are made available to you.



Prohibited Items: Prohibited Items include but are not limited to:

• Air horns.

• Alcohol - any alcohol found at the Event Site will be confiscated and will not be returned and the offending patron(s) ejected from Event Site for the remainder of the Event.

• Animals (excluding service dogs such as guide dogs and police or emergency service dogs).

• Any other item deemed by Event staff (in their discretion) to be dangerous or offensive or potentially dangerous by Event organisers.

• Audio or video recording devices (including GoPro and similar).

• Chilly bins and coolers.

• Couches and chairs.

• Drones or other remote control devices.

• Fires and open flames.

• Flammable liquids.

• Flares, fireworks, sparklers explosives, or any fire twirling equipment.

• Glass (jars, bottles, containers, mirrors and perfumes).

• Illegal substances.

• Instruments.

• Laser equipment and pens.

• Monopods, tripods

• Nitrous oxide bulbs and canisters.

• Professional photography equipment (eg telephoto lenses; any lens over 20cm; any detachable lens; stands or other commercial equipment or anything deemed by Event staff to be professional photography equipment).

• Sharpies, markers, paint cans or paint pens.

• Skateboards, scooters, wagons, carts, rollerblades, roller skates, bicycles, quad-bikes, segways, hoverboards,

• Sound systems.

• Studded items (ie belts, wristbands etc).

• Toy guns, water guns or slingshots.

• Umbrellas.

• Unauthorised marketing materials including handbills, flyers, stickers, beach balls, give-aways, samples, or other promotional items.

• Weapons or explosives of any kind (including potential missiles).

• No food or drink will be permitted into the Event Site. Sealed plastic water bottles (with or without contents) cannot be brought into the Event Site. Unsealed EMPTY plastic water bottles (no glass) can be brought into the Event Site.



Content change: Tickets purchased for the event are not for specific artists or acts. The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, vary the date and/or vary the Event Site without prior notification and deny admission to the Event Site (including admission to a particular performance at the Event Site) with reasonable cause. No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled or the length or content of their performance is changed.

Subject to this clause, the Promoter is not liable for any loss, damage or compensation as a result of the Event being cancelled, postponed, relocated or changed for any reason.

There will be no refund of any unused portion of an Event Ticket if you or your invitees are asked or forced to leave the Event for any of the reasons set out in the Event T+Cs or if you decide not to attend the Event. You are responsible for checking the age minimum for the Event. No refunds will be processed if you are denied entry due to not having valid ID for admittance to the Event Site.



Directions of Event Staff: You must follow the reasonable directions of Event staff as required and comply with the law at all times during the Event.



Event Tickets:

Entry to the Event Site will be granted with presentation of:

- a valid bar-coded ticket; or

- a valid bar-coded print-at-home PDF ticket; or

- a valid bar-coded Passbook ticket (electronic ticket on mobile device),

issued by an Authorised Ticketing Agency, to be exchanged for a wriststamp upon entry.



An Authorised Ticketing Agency means each of: (1) Flicket Ltd (Flicket); and (2) any independent ticketing outlet as authorised and approved by the Promoter.

Lost Tickets or Wristbands: replacement is not available for lost, destroyed or stolen Event tickets unless proof of purchase is presented.



Ticket Restrictions: You agree not to re-sell Event tickets contrary to applicable laws. 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 competitions and trade promotions)

or;

- used to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer.

If an Event ticket is used in breach of this condition, the Event ticket may be cancelled without a refund and the bearer of the Event ticket may be refused admission. The Promoter will use reasonable efforts to notify you of such action.



Ticket Purchase Limits: The Promoter reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits in any one transaction or by any one customer. If you exceed the stated ticket limit, you may have all or any of your order and tickets cancelled without notice by Promoter in its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information.



Search on Entry: It is a condition of entry to the Event Site that a search of you and/or your possessions be required at the time of entry to the Event Site. If you do not consent to such searches, you may be denied entry to the Event Site without refund. Prohibited Items include but are not limited to the list of items listed in these Terms and Conditions and any Prohibited Items will be confiscated. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items (if any) will be donated to a charity. The Promoter reserves the right to refuse entry to any persons.



Smoking Policy: Venues and stages on and within the Event Site may operate a No Smoking policy and you must comply with any such policy.

Photographing and/or Recording of the Event by You: personal digital cameras are permitted at the Event. SLR cameras are permitted but professional photography equipment (eg telephoto lenses; any lens over 20cm; any detachable lens) is not permitted without Promoter-issued media accreditation. Event staff will determine in their discretion whether equipment is considered to be professional photography equipment. Photos of artists 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.



Recording or filming the Event is strictly prohibited.

Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised

or prohibited recording, filming or photography.

Recording and Photography of the Event by Promoter: you consent to be included in official photography, film and sound recordings of the Event and for these recordings to be used by Promoter and/or any of its authorised representatives and contractors in any medium or context without further authorisation by, or compensation to you.



Restricted Capacity: You acknowledge that there may be restricted capacities at some of the Event’s stages or venues. Once the maximum capacity is reached in these areas there will be no further admissions. Your purchase of a ticket to the Event does not guarantee admission to these areas in such cases.



No Passouts: passouts will not be issued unless otherwise stated.



Behaviour: you must ensure that you and your invitees act in an orderly manner when attending the Event Site.

Promoter may refuse entry or evict you or any of your invitees if you or any of your party are behaving in a disorderly, offensive or inappropriate manner.



Alcohol: The Event is fully licensed – please do not bring alcohol with you as it will be confiscated and will not be returned. Only alcohol purchased from bars at the Event may be consumed at the Event Site. If you wish to purchase or consume alcohol, you must have valid proof of age photo ID. You must be of legal age (18 years) to purchase and consume alcohol on the Event Site. If you are found supplying or buying alcohol for a minor (a person under 18 years of age) you will be evicted from the Event and may be referred to police.



Drugs: If you are found supplying, consuming or in possession of illicit drugs you will be removed from the Event Site and may be referred to police.



Your Personal Information: Pursuant to your booking, Promoter may need to collect and keep personal information about you including your name, address, credit card or payment details, telephone number and the names of all ticket allocations. Unless you tell us otherwise, Promoter may disclose your contact details to third parties if you elect to receive such information at time of ticket purchase so they can provide you with promotional material about other events and products. Promoter may also need to disclose your personal information as required by law or as permitted under the Privacy Act 1993. If you have any questions about how Promoter will handle your personal information please contact Nick coordinator@oceansfestival.co.nz Please note that all payment information is handled by Windcave (Payment Express) and subject to their T&C, no information on Credit Cards is collected or stored by Flicket Ltd.



Promoter’s Liability: The services provided by Promoter will be rendered with due care and skill to the extent required by Part 4 of the Consumer Guarantees Act 1993. Apart from such statutory liability, Promoter and the owner and/or lessee of the Event Site will not be liable or responsible for any injury, damage or loss suffered or incurred by you or any person entering or when you enter or are on the Event Site whether caused by the negligence of Promoter or that of the owner and/or lessee of the Event Site (or their respective employees, contractors or agents), whether arising in tort, contract, bailment or otherwise - all such injury loss or damage to person or property is at your own risk.



Indemnity: You agree to indemnify Promoter and owner and/or lessee of the Event Site against any loss or damage Promoter and/or Event Site owner and/or lessee may suffer arising out of your negligence or breach of the Event T+Cs.



Release: To the full extent permitted by law, you waive all legal rights of action against and fully release Promoter and owner or lessee of the Event Site (and their respective executive members, directors, officers, employees, volunteers, contractors or agents) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss for any default, failure or negligence (to the extent permitted by law) in relation to entry to and presence on the Event Site.



Risk: Entry to the Event Site is at your own risk. Without limiting the generality of this:

- appropriate footwear and clothing must be worn at all times at the Event Site;

- you must not mosh, crowd surf or stage dive;

- ear plugs should be worn if necessary.

To the extent permitted by law, Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or injury caused by your failure to follow Promoter’s directives. In the event of injury or illness Promoter may, at your cost, arrange medical treatment and/or emergency evacuation as deemed essential for your safety.



Enforceability: Any provision of these Event T+Cs which is or becomes unenforceable shall not invalidate the other provisions of these Event T+Cs.



Ticket Name Change: "For some events, Flicket facilitates the transfer/renaming of ticket(s). For facilitating this transfer/renaming there may be a fee that the new ticket owner has to pay"

"Once you have transferred/renamed your ticket(s) you will have no rights or ownership to the ticket(s) transferred"



Online Ticketing Support: If you are experiencing difficulties with purchasing a ticket or the ticketing page, please

Contact: 9:00am – 7:00pm NZT (Monday – Sunday)

Email: support@flicket.co.nz

+64 27 673 8273

Environment: Promoter cares for the environment and community. Please be respectful and place any litter in the bins provided around the Event Site. Be waste and water-wise - thank you.





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