SYNTHONY TERMS AND CONDITIONS OF ENTRY
01
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, Park Road, Parnell, Auckland 1010, 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).
02
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 the Event Terms.
03
Definitions
All capitalised terms in these T&Cs shall have the meaning defined at clause 2 or as otherwise stated in the T&Cs.
Emergency Services Personnel means any staff, personnel and representative of any emergency services, including but not limited to emergency medical services (ambulance and medical personnel), police and other law enforcement agencies and the fire department.
Event has the meaning given to it at clause 1.
Event Date means the date of the Event.
Event Page means the Promoter’s or authorised Promoter partner’s website page that provides the details of the relevant Event.
Event Staff includes the Promoter’s directors, partners, officers, employees, contractors, sub-contractors, agents, volunteers, as well as any Venue employees, contractors, sub-contractors, security, bar staff, traffic management staff and other representatives.
Event Terms means these terms and conditions between you and the Promoter, and all terms, rules, statements, notices, and directives shown or displayed on or with your ticket, on the Event Page, on-site at the Event and/or Venue, on the Promoter’s website and social media pages, or otherwise communicated to you by the Promoter from time to time.
Event Tickets has the meaning given to it at clause 6.2.
Force Majeure Event means where the performance of the Promoter’s obligations under these T&Cs is delayed or becomes impossible of performance for any reason beyond the Promoter’s reasonable control as a result of any act of God; extreme weather; flood; bushfire; communicable disease outbreak (including without limitation, pandemic or epidemic); war; council or government order, ruling or decision; action or decision of the police or other authority; or cancellation by the Venue owner, lessee, or controller.
Privacy Policy means the Promoter’s privacy statement accessible at https://synthony.com/privacy/.
Prohibited Item(s) has the meaning given to it at clause 18.2.
Promoter has the meaning given to it at clause 1.
Recorded Materials has the meaning given to it at clause 12.1.
Released Parties has the meaning given to it at clause 22.
Restricted Capacity Areas has the meaning given to it at clause 13.
Ticket(s) means any ticket purchased or held by you for the Event. For the purposes of these T&Cs, any reference to Tickets includes any other entry pass (such as wristbands) provided by the Promoter in exchange for Tickets.
Ticket Merchant has the meaning given to it at clause 6.1.
Ticketing Terms has the meaning given to it at Clause 6.5.
Valid Photo ID means a current and valid photographic identification document, being either a valid Kiwi Access Card (or the equivalent valid 18+ Card within 10 years of its issue date), New Zealand driver’s licence, or a New Zealand or foreign passport
Venue has the meaning given to it at clause 1.
Venue T&Cs means any terms and conditions of the Venue, which may be accessible at the Venue’s website and/or at the entrance to the Venue.
You or your has the meaning given to it at clause 1.
04
Updates to the Event Terms
The Promoter may vary these Event Terms at any time by updating them. It is recommended that you regularly check the Event Terms for updates. Your purchase of any Ticket, attendance at the Event, or any interaction with the Promoter after such variations will signify your acceptance of the amended Event Terms (as applicable).
05
Compliance with Laws and Directions
5.1
The Promoter may vary these Event Terms at any time by updating them. It is recommended that you regularly check the Event Terms for updates. Your purchase of any Ticket, attendance at the Event, or any interaction with the Promoter after such variations will signify your acceptance of the amended Event Terms (as applicable).
5.2
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.
5.3
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.
5.4
Whilst awaiting entry to the Event, attending the Event, and exiting the Event, you agree to comply with any physical distancing orders or other health orders in force at the time of the Event for the purposes of preventing the spread of any communicable disease and any reasonable directions or instructions given by the Promoter in relation to the same.
06
Event Tickets
6.1
You are responsible for checking all Event information and ensuring you have purchased the correct Ticket for the Event. The Promoter does not offer refunds or exchanges for change of mind, incorrect ticket purchase (e.g. purchasing an over 18 ticket instead of all ages), or a change in your personal circumstances.
6.2
Entry to the Venue will be granted upon presentation of:
6.3
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.
6.4
You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.
6.5
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.
07
Ticket Restrictions
7.1
Tickets may not, without the prior written consent of the Promoter, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion, or other commercial purpose (including but not limited to giveaways, competitions, and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a Ticket is sold or offered for re-sale or used in breach of this condition, the Ticket will be invalid, and the holder of the Ticket may be refused admission or evicted from the Event.
7.2
The Promoter reserves the right to enforce any published limit on the number of Tickets that can be purchased by any one person (if any), and any Tickets obtained above such limit by any one person will be invalid
08
Venue Terms and Conditions
8.1
You acknowledge and agree that your attendance at the Venue is additionally subject to any Venue T&Cs, including but not limited to any smoking policies. You agree to comply with any Venue T&Cs. If there is any inconsistency between these T&Cs and Venue T&Cs, then the Venue T&Cs shall prevail only to the extent that the inconsistency applies to that term.
09
Refusal of entry or eviction from Event
9.1
The Promoter may deny admission to the Venue (including admission to a particular performance at the Venue) in accordance with these Event Terms or otherwise in its absolute discretion.
9.2
The Promoter reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Venue that:
10
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.
11
Photographing and/or recording of the Event
11.1
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:
11.2
Recording or filming the Event other than in accordance with clause 11.1 above is strictly prohibited. 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 and to evict any person from the Event found to be recording or filming in contravention of this clause.
11.3
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.
12
Recording and Photographing of the Event by Promoter
12.1
You consent to be included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of the Promoter including but not limited to materials created by drones, remotely piloted aircraft systems and any other recording apparatus (Recorded Materials). In the event that you hold any rights in the Recorded 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 Recorded 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 Recorded Materials.
12.2
By attending these events you are providing perpetual permission to be filmed, photographed or used in any promotional material by the Promoter 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.
13
Restricted Capacity Areas
You acknowledge that the Promoter may set restrictions on the number of people that can attend certain areas of the Venue, such as within buildings or structures, within enclosed areas or at stages (Restricted Capacity Areas). Once the maximum capacity, as determined by the Promoter, in any Restricted Capacity Area has been reached, the Promoter or Event Staff may prevent further admissions to the Restricted Capacity Areas at its sole discretion. Your purchase of a Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached at any time and you will not be entitled to a refund if you are prevented from entering a Restricted Capacity Area at any time. If you attempt to enter or enter a Restricted Capacity Area where you are not permitted to do so, you may be evicted from the Event.
14
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.
15
Food and non-alcoholic drinks
Food and non-alcoholic drinks will not be permitted into the Event with the exception of empty plastic and stainless-steel bottles (no glass) which are permitted into the Venue for filling with water at the Venue only.
16
No Smoking
16.1
Smoking is only permitted in designated smoking areas by the Venue and/or the Promoter. Any person found smoking at the Event (other than in a designated smoking area) may be evicted from the Event. For avoidance of doubt, smoking includes (but is not limited to) e-cigarettes and pods, cigarettes, cigars, vaporisers or other combustible devices.
16.2
Areas at the Venue 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 Venue 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.
17
Drugs and illegal substances
You must not supply, consume or possess illicit drugs or illegal substances during the Event. 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 Venue and the Promoter may notify the Police. The Promoter is not liable to you for any loss or damage suffered whatsoever if you are searched and found to be in possession of any illicit drugs or illegal substances before or during the Event.
18
Prohibited Items
18.1
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. you are found in possession of a Prohibited Item you may be refused entry into or evicted from the Event. 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.
18.2
The following items are prohibited and must not be brought into the Venue (Prohibited Items):
18.3
No person is permitted to bring into the Venue any food or beverage items which have been purchased, prepared or otherwise obtained outside of the Venue. The Promoter operates and allows third-parties to operate food and beverage outlets within the Venue from which any person may purchase food and beverage products. The Promoter reserves the right to, and to authorise or instruct Event Staff to, confiscate and/or dispose of any homemade, store-bought or commercial food items carried by any patron at any time in the Venue. The Promoter shall accept no responsibility for, or loss associated with the confiscation of unauthorised food and/or beverage items for any person.
19
Alterations or amendments
Movement around the Venue
19.1
You must take reasonable care when moving around the Venue as well as when you enter and exit the Venue. You must move (whether on foot, in a wheelchair, or otherwise) in an orderly and safe fashion, in accordance with the directions of the Promoter and Event Staff, and you must not do anything that may hinder, or prevent, the safe and efficient passage of other patrons or Event Staff at the Venue or the surrounding areas (including entering and exiting the Venue). Where maps of the Venue are made available by the Promoter, you should familiarise yourself with the layout of the Venue, including the location of any emergency exits, to assist with moving in and around the Venue safely in the event of an emergency.
19.2
The Promoter will endeavour to make the Venue accessible for those using wheelchairs, mobility scooters or with a disability; however, you acknowledge that the Venue has pre-existing structures and facilities, and in some cases it may be impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Venue accessible for all patrons. By purchasing an Event Ticket, you acknowledge and understand that some public areas of the Venue may not be accessible by all patrons. So that the Promoter can do its best to meet your needs, please contact the Promoter for more information prior to the Event if you have specific accessibility requirements.
Injury or illness
19.3
In the event of injury or illness the Promoter or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of the Promoter, Event Staff or Emergency Services Personnel) for your health or safety or for the health and safety of other persons at the Event. The Promoter may be required to disclose your information to Emergency Services Personnel and relevant insurers. If this occurs, your personal and health information (if any) will be handled in accordance with the Promoter’s Privacy Statement.
19.4
If at any time during the Event, you experience any potential symptoms of a contagious disease or illness, you must immediately report to Event Staff and follow any reasonable directions given by Event Staff and/or Emergency Services Personnel. You acknowledge and agree that you may be evicted from the Event if you present with such symptoms.
Environment and facilities
19.5
Please be respectful of the environment and place any litter in the recycle or other bins provided around the Venue. You must not damage, improperly use or tamper with any property or facility at the Venue, or intentionally or recklessly cause any damage or interference to flora or fauna at the Venue or in the area surrounding the Venue.
19.6
At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. The Promoter will not be responsible for any of your property left at the Venue and the Promoter may discard, sell or donate to charity any property left at the Venue following the conclusion of the Event.
20
Conduct during the Event
20.1
You acknowledge that the purchase of a Ticket is to attend the Event, and not to see a specific act or acts. The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, the entry and exit times, the amenities, the facilities, the Venue, the attractions, and the entertainment at its discretion without prior notification. You acknowledge that the Promoter does not make any representation or warranty in respect of the aforementioned factors, and you have not relied on any representation or warranty by the Promoter regarding the above in connection with your purchase of a Ticket. The Event is provided ‘as is’ and to the extent permittable by law, the Promoter makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event.
20.2
The Promoter may deny admission to the Venue (including admission to a particular performance at the Venue) in accordance with these T&Cs or otherwise in its absolute discretion.
21
Refund and Cancellation Policy
21.1
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.
21.2
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 Venue 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 Venue prior to the conclusion of the Event, or if you purchase the incorrect type of Event Ticket.
21.3
If the Event cannot take place (in whole or in part) as a result of any Force Majeure Event, then the Promoter may Cancel the Event. If the Event is cancelled by the Promoter due to a Force Majeure Event, then the Promoter may grant a refund in their sole and absolute discretion (unless otherwise required by law). Any refunds will be subject to the deduction of a reasonable administrative service fee of up to 5% of the Ticket price.
22
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) (a) the performance or non-performance by the Promoter of any part or whole of the Event Terms (including any liability under contract or tort) or (b) your purchase of a Ticket and/or attendance at the Event; including but not limited to (i) damage to your or any other person’s personal property (including but not limited to computer, smartphone or mobile device) (ii) any theft, loss or damage to your property (including motor vehicles) before, during, or after the Event (iii) any variation to the Event; (iv) your choice to consume any alcoholic beverages or participate in any activities at the Event; (v) any illegal or unlawful activity undertaken by you (including but not limited to consumption, purchase or trafficking of illegal or illicit drugs) and breach of any laws and regulations; (vi) your wilful, reckless, or negligent act or omission, including your failure to take reasonable care of yourself or others; (viii) the negligent or unforeseeable actions of other patrons; (ix) contracting a contagious disease or illness in connection to your attendance at the Event; (x) your breach of any of these Event Terms.
23
Indemnity
You agree to indemnify the Released Parties against any loss or damage any of them may suffer as a result of your wilful, negligent or reckless acts or omissions at the Event or as a result of your breach of the Event Terms.
24
Promoter’s Liability
The Event is provided ‘as is’ and to the extent permittable by law. The Promoter makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event. To the extent permitted by law (including under the Consumer Guarantees Act 1993 (New Zealand) and/or Fair Trading Act 1986 (New Zealand) (“NZ Consumer 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. Where liability cannot be excluded or modified by law, including pursuant to the NZ Consumer Law, the Promoter limits its liability in respect of breach of any statutory guarantee under the NZ Consumer Law in the manner set out in section 32 of the Consumer Guarantees Act 1993 (New Zealand).
25
Voluntary Assumption of Risk
25.1
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.
25.2
You shall be responsible for the safety and security of all your belongings brought into the Venue. The Promoter accepts no responsibility whatsoever and howsoever caused for any loss, damage or theft of or to your possessions or property at the Event.
26
Your Personal Information
Your personal information will be collected and handled in accordance with the Privacy Policy.
27
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.
28
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.
29
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.