Terms & Conditions
OFFICIAL TERMS AND CONDITIONS OF TICKET SALES AND ADMISSION TO RAINBOW SERPENT FESTIVAL 2020
2020 Gap Events Pty Ltd as trustee for Gap Events Unit Trust (ABN 55 163 090 785) (the “Promoter”) is the operator and promoter of the festival Rainbow Serpent Festival 2020 (the “Festival”) which is to be held on private property in Beaufort, Victoria (the “Festival Site”).
The following terms and conditions (“Terms and Conditions”) apply to sale of tickets (“Tickets”) and admission to the Festival. By purchasing, having someone else purchase or being gifted a Ticket to the Festival or otherwise attending the Festival, you agree to bound by and follow the Terms and Conditions. The Promoter reserves its right to vary the Terms and Conditions at any time, and will post such changes on its website found at www.rainbowserpent.net (the “Website”).
- To attend the Festival, you must show a valid Ticket. Exceptions apply to children 12 years or under.
- Tickets may be purchased from authorised promoters and retail stores (“Hard Tickets”) or as e-tickets online (“E-Tickets”). The Promoter may also gift you a complimentary Ticket.
- Unless otherwise authorised by the Promoter on the Website or otherwise, Tickets may not be re-sold and are non-transferable.
- All E-Tickets are printed with a name. If you attempt to use an E-Ticket to enter the Festival, you must be the person listed on the E-Ticket (and show Valid ID bearing the same name as on the E-Ticket). “Valid ID” means a valid passport, Australian driver’s licence or keypass.
- The Promoter will not replace lost, stolen or damaged Tickets. We may cancel a Ticket, where it is sold in a manner not authorised by us. You may be refused entry to the Festival if your Ticket is found to be damaged or cancelled.
Refunds, Changes and Cancellations:
- Unless authorised by the Promoter and subject to clause 21A, Ticket sales are strictly non-refundable. You will not be entitled to a refund for a change of personal circumstances, poor weather conditions, where you are evicted from the Festival or where the Promoters makes changes to the Festival. Different rules may apply for Tickets sold to Youth, as set out in the Youth Policy.
- The Promoter reserves the right in its sole discretion to make changes to the Festival, without prior notice, including without limitation dates, venue, line-ups, amenities, facilities, entry and exit times and other Festival attractions.
- The Promoter may cancel the Festival, for a reason outside the Promoter’s reasonable control, including without limitation, fire, poor weather conditions, drought, acts of god, rulings by council, the police or other authorities (a “Force Majeure Event”). Where the Festival is cancelled due to a Force Majeure Event, the Promoter may provide refunds in its absolute discretion, subject to clause 21A. Where the Festival is cancelled for any other reason, the Promoter will refund the value of your Ticket less the booking fee.
- The Promoter may in its sole discretion refuse you entry to the Festival, if you have breached the Terms and Conditions or otherwise pose a threat to the security of the Festival. If you attempt to obtain access to the Festival Site without a valid Ticket, you will be considered a trespasser and handed to the local authorities for charging, where the Promoter will seek maximum penalties.
- Upon admission to the Event, you will be provided with a wristband (“Wristband”). You must keep your Wristband on AT ALL TIMES during the Festival and will be evicted if you are caught not wearing one. Lost, damaged or stolen Wristbands will not be replaced. Your Wristband acts as your ‘pass-out’ for the Festival. Your Wristband provides you access to all public areas of the Festival Site.
- It is a condition of entry to the Festival that you allow Festival staff to search your vehicle, clothes, bags and other possessions prior to entering the Festival Site.
- This is an all ages event. Children (under 12), Youth (12-17), their parent, legal guardian or other nominated person accompanying the Child or Youth who is 25 years or over, must comply with the Youth Policy. If there are any inconsistencies between these Terms and Conditions and the Youth Policy, the Youth Policy will prevail insofar as such matters relate to Children or Youth. Children and Youth are collectively referred to as ‘Minors’ from time to time in these Terms and Conditions.
- When attending the Festival, you must follow the direction of the Promoter’s staff at all times, the Onsite Rules which can be found at https://rainbowserpent.net/faqs/onsite-rules-guidelines/ (“Onsite Rules”) and other policies found on the Website or otherwise published online or at the Festival (“Festival Policies”). The Onsite Rules and Festival Policies are incorporated into the Terms and Conditions and are binding on you. You may be evicted by the Promoter where you do not follow the Terms and Conditions, Onsite Rules and/or any Festival Policies. Anyone found dealing illegal drugs, committing sexual harassment or assault or carrying out any other criminal behaviour at the Festival will be evicted and reported to the police.
Cars, Camping and the Environment
- To bring your vehicle on the Festival Site, you must display a vehicle pass, which may be pre-purchased via the Website. The Promoter may tow-away any vehicle that is parked on an undesignated area or on the public roads surrounding the festival. You agree that you are only permitted to camp and park within designated areas and as directed by the Promoter. You agree to respect the environment, recycle rubbish and be water efficient at all time during the Festival.
Prohibited Items and Behaviour
- You are prohibited from bringing certain items to or acting in certain ways at the Festival. Prohibited items include glass, excessive alcohol, pets (with the exception of registered guide dogs), BBQs, fireworks, candles, gas stoves, quads or mini bikes, generators, sound systems, illicit drugs and illegal substances. Prohibited behaviour includes lighting fires, stealing, harming the environment, disrupting local communities, damaging the Festival Site and equipment, tampering with neighbours’ properties, anti-social behaviour, aggressive or harassing conduct and impaired driving. Refer to the Website for a full list of prohibited items and behaviour and for more information. If we are required to confiscate a prohibited item, we do not guarantee the safe return of that item. You agree we are not responsible for any loss or damage associated with us confiscating a prohibited item.
Intellectual Property and Recordings
- The Promoter is the exclusive owner or licensee of all intellectual property created to promote the Festival including registered trade mark ‘Rainbow Serpent Festival’ and Rainbow Serpent Festival logo (“Festival IP”). Should you wish to use the Festival IP other than for private, non-commercial purposes, you must obtain the prior written consent of the Promoter.
- All media personnel must have the prior written approval of the Promoter to enter the Festival Site. Professional audio visual cameras (as determined by the Promoter) are not permitted at the Festival, unless you have the prior written permission of the Promoter and carry that permission at all times. You agree that authorised personnel may take photos, films and other recordings of you at the Festival and the Promoter may use those in perpetuity for any promotional purpose. If you take any photo, film or other recording at the Festival, you hereby agree to let the Promoter use them in perpetuity throughout the world, on a royalty free basis, on a non-exclusive basis, through all media, for any promotional purpose relating to the Festival.
- Entry to the Festival is AT YOUR OWN RISK. You acknowledge that there are many inherent dangers of attending a camping festival which may result in loss or damage to your property, personal injury or even death and you agree to take all necessary steps to keep yourself (and any Minors under your care) safe such as wearing footwear and earplugs and staying hydrated. Where you (or a Minor under your care) is injured or falls ill at the Festival, you consent to the Promoter arranging the necessary medical treatment and medical authorities exchanging personal and sensitive information with the Promoter in order for the Promoter to address risks and hazards at the Festival. The Promoter does not accept any responsibility for loss or damage to your personal property.
- Subject to clause 21.A and to the fullest extent permitted by law you agree to waive any legal rights of action you may have against and release the Promoter, its officers, employees, agents, contractors, volunteers (the “Associates”) from all claims, liability, loss, damage and costs however so arising out of or in relation your attendance at the Festival (whether based in negligence or any other tort, contract, statutory liability, omission on the part of the persons released or otherwise).
- To the extent permitted by law, you agree to indemnify and hold the Promoter and the Associates harmless from any and all direct, quantifiable and reasonable claims, liability, loss, damage and costs suffered by the Promoter and the Associates (whether based in negligence or any other tort, contract, statutory liability or otherwise) in relation to you (or any Minor you bring to the Festival, as an Accompanying Adult, under the Youth Policy) failing to comply with these Terms and Conditions.
Australian Consumer Law
- 21A. Our services may come with Consumer Guarantees (“Consumer Guarantees”) under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). Nothing in these Terms and Conditions purports to limit, modify, restrict, exclude or override any Consumer Guarantees under the Australian Consumer Law.
- Any void or unenforceable part of these Terms and Conditions may be severed without affecting the enforceability of the remainder of these Terms and Conditions.
- This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia and the Federal Court of Australia (where applicable). The Parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
- The Promoter is permitted to assign this agreement to a third party for restructuring, sale or any other purpose provided that the third party agrees to assume the Promoter’s rights and responsibilities under this agreement.