Supermild 2019 Terms and Conditions

The terms and conditions set out below (Terms and Conditions) constitute a binding contract between Ginger Republic Pty Ltd (CAN 134 443 735) of 406/7 Jeffcott St West Melbourne, Victoria 3003 (Promoter) and the person holding or using an Event Ticket or Minor Pass to the event Supermild (Event) at Mitchelton, 470 Mitchellstown Rd, Nagambie VIC 3608 (Venue) irrespective of whether the Event Ticket or Minor Pass was purchased or acquired by the person holding or using the Event Ticket or Minor Pass and applies to any subsequent holders or recipients of the Event Ticket or Minor Pass (you or your).

Terms and Conditions are binding

Tickets to the Event (Event Ticket) and passes for minors (Minor Pass) are sold or given and admission to the Event is granted on the express condition that you agree to bound by these Terms and Conditions, the Privacy Policy available on www.supermild.com.au (Privacy Policy) and any other rules and regulations issued by the Promoter available on www.supermild.com.au, displayed at the Event, communicated by the Promoter from time to time in any other format in connection with the Event, the terms and conditions of any ticket merchant through which tickets to the Event are sold or distributed and any terms and conditions imposed by the Venue (Event Terms).

Event Site, Camp Site and VIP Areas

You must have a valid Event Ticket or Minor Pass to enter the area designated by the Promoter as the site for the Event (Event Site), you must have a valid Event Ticket or Minor Pass with camping access to enter the area designated by the Promoter for camping located with the Event Site (Camp Site), you must have a valid Event Ticket or Minor Pass with glamping access to access the area designated for glamping within the Camp Site and you must have a valid Event Ticket or Minor Pass with VIP or special area access to access the area or areas designated by the Promoter as the VIP or special area or areas, if any (VIP Areas).

Compliance with Laws and Directions

You must follow all reasonable directions of the Promoter and any of 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 Event Site, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws and regulations and complying with total fire ban requirements).

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.

Adults & Children

You must be an adult aged 18 years or over (Adult) to purchase an Event Ticket. An Adult may apply for a Minor Pass for any minor under the age of 18 years provided that the Adult is the parent or legal guardian of that minor (Adult Guardian). A minor under the age of 18 years with a valid Minor Pass (Accompanied Minor) may attend the Event, but the Adult Guardian must accompany the Accompanied Minor at all times at the Event Site. The Adult Guardian shall be responsible, at all times, for the Accompanied Minor, and shall do all things necessary to ensure that the Accompanied Minor complies with the Event Terms. A person under the age of 18 years (Minor) must not attend the Event without a Minor Pass, or in the absence of the Adult Guardian. The Adult Guardian consents to any agreement, consent or approval made or provided by the Accompanied Minor pursuant to the Event Terms and agrees to the Accompanied Minor being bound by these Event Terms. In the event of a breach of these Event Terms by an Accompanied Minor, that Accompanied Minor and its Adult Guardian shall be jointly and severally liable, and the liability of the Adult Guardian shall not be affected in the event that these Event Terms are not binding on the Accompanied Minor.

Refusal of Entry or Eviction from Event

Each Adult must provide photographic identification documents being either an Australian driver’s licence, a Victorian learner’s permit, a Victorian proof of age card or an equivalent from another state or territory of Australia, a Keypass card or a valid Australian or foreign passport to the satisfaction of the Promoter and/or Event Staff to verify that you are aged 18 years or over and may be required to provide photographic identification documents at various times during the Event, including but not limited to, when accessing licensed bar areas.

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 under the age of 18 and does not hold a Minor Pass; is 18 and over and holds a Minor Pass; holds a Minor Pass, but is not accompanied by their Adult Guardian and any Adult accompanying that Minor that is not their Adult Guardian may also be refused entry or evicted; is unable to provide valid and current photo ID that is sufficient, in the Promoter’s absolute discretion, to prove that the person is an Adult; 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 Event Site or areas of the Event Site to which the person’s Event Ticket or Minor Pass does not permit access; climbing the staging, rigging or other structures at the Event Site; causing damage to property or goods at the Event Site; 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.

Event Tickets

Entry to the Event Site will be granted upon presentation of a bar-­coded Event Ticket or Minor Pass. Your Event Ticket or Minor Pass must be presented upon arriving at the Event Site where it will be exchanged for either an 18+ or Minor wristband. The wristband must be worn at all times while you are at the Event Site.

Event Tickets, Minor Passes and wristbands must be treated like cash. Event Tickets, Minor Passes or wristbands 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. Wristbands that have been removed, tampered with, damaged or defaced will be rendered invalid and will not be replaced. Any person found without a wristband may be evicted from the Event Site by the Promoter or Event Staff.

You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket and, if applicable, have obtained or are in receipt of the correct Minor Pass, for the Event.

Event Tickets and Minor Passes will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event Site, in the case of Adults, Event Staff will check to ensure the name on your photographic identification documents matches the name on, or registered to, your Event Ticket. If the name on, or registered to, your Event Ticket does not match the name on your photographic identification documents, your Event Ticket will be invalid and you will be refused entry to the Event. The name on your Event Ticket, or the name to which your Event Ticket is registered, may be changed by using the Promoter’s ticket resale merchant, Tixel, at its website https://tixel.com.au/, subject to payment by you of any applicable fees charged by the ticketing resale merchant.

Any Minor Passes or complimentary Event Tickets provided by the Promoter may not, without the prior written consent of the Promoter, be sold, transferred or used by anyone other than the person whose name is on the Event Ticket or Minor Pass or to which the Event Ticket or Minor Pass is registered.

Ticket Restrictions

Event Tickets and Minor Passes 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 or Minor Pass is sold or offered for re-­sale or used in breach of this condition, the Event Ticket, the Minor Pass and/or the Event Ticket to which the Minor Pass is linked may be cancelled without a refund and the holder of the Event Ticket and/or Minor Pass 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 and any Minor Passes linked to those Event Tickets.

Search on entry to Event Site

It is a condition of entry to the Event Site and Camp Site that a search of you and/or your possessions be conducted at the time of entry to the Event Site and Camp Site 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 Event Site and/or Camp Site, or evicted from the Event Site.

Prohibited Items

The Promoter and Event Staff may confiscate any Prohibited Items or any other items that 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 and proceeds from confiscated items (if any) will be donated to a charity or charities of the Promoter’s choice.

The following items are prohibited and must not be brought into the Event Site (Prohibited Items):

· Glass of any kind (including but not limited to bottles, jars and drinking glasses)

· Illegal or illicit substances

· Weapons of any sort including tasers and pepper spray

· Items capable of being used as a projectile

· Baseball bats and cricket bats or any similar item or equipment

· Animals (excluding service dogs such as guide dogs and police/emergency service dogs)

· Flares, fireworks, sparklers or fire twirling equipment

· Drums

· 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

· Portable toilets

· Couches, armchairs or large items of furniture

· 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

· Any other dangerous, unsafe, illegal or offensive items

Smoking Policy

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. Minors are not permitted to smoke in any part of the Event Site.

Photographing and/or recording of the Event

Personal digital cameras are permitted at the Event. Single-lens reflex (SLR) and digital single-lens reflex (DSLR) cameras are permitted at the Event Site, 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 media accreditation 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.

Recording or filming the Event 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.

Recording and Photographing of the Event by Promoter

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 (Materials). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to the Promoter any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for the Promoter to hold and exploit in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of the Promoter or third parties), free from any claims whatsoever from 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.

Restricted Capacity Areas

You acknowledge that the Promoter may set restrictions on the number of people that can attend certain areas of the Event Site, such as within buildings or structures, within enclosed areas or at stages (Restricted Capacity Areas). Once the maximum capacity, as determined by the Promoter, at any Restricted Capacity Area has been reached, the Promoter or Event Staff may prevent further admissions to the Restricted Capacity Areas. An Event Ticket or Minor Pass does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached.

Alcohol

The Entertainment Area is licensed, however the campgrounds remain unlicensed. If you are an Adult, you may bring alcohol into the campgrounds for your own personal consumption during the Event, provided that it is not in glass packaging and the quantity brought in is reasonable for your own personal consumption, or you may purchase alcohol within the licenced Entertainment area at one of the designated bar areas. If the Promoter or Event Staff deem, in their absolute discretion, that the quantity of alcohol brought into the Event Site is in excess of what is reasonable for personal consumption or if the alcohol is in or includes any glass packaging, the Promoter or Event Staff may confiscate any alcohol as they deem appropriate in their absolute discretion. You must not take any alcohol from the campgrounds into the licenced entertainment areas and vice versa. Any person that is intoxicated may be evicted from the Event by the Promoter or Event Staff. If you are a Minor you must not bring any alcohol into, or consume any alcohol at, the Event Site. You must not provide to any Minor or supply any Minor with alcohol at the Event Site. An Adult Guardian must not permit any Accompanied Minor, or any other Minor, to consume alcohol at the Event Site.

You must be an Adult to purchase and/or consume alcohol on the Event Site and you must provide photographic identification documents, being either an Australian driver’s licence, a Victorian learner’s permit, a Victorian proof of age card or an equivalent from another state or territory of Australia, a Keypass card or an Australian or foreign passport to the satisfaction of the Promoter or Event Staff to verify that you are aged 18 years or over in order to purchase alcohol. If you are found supplying or buying alcohol for any Minor you will be evicted from the Event Site and the Promoter may report your conduct to the police.

Food and non-alcoholic drinks

Food and non-alcoholic drinks may be brought into the Event Site. Cooking facilities will not be provided at the Event Site nor are they permitted within the event site.

Drugs and illegal substances

You must not supply, consume or possess illicit drugs or 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.

Signage

You are not permitted to display any trading signs at the Event Site without prior written consent of Promoter.

Clothing, footwear and ear plugs

Appropriate clothing and footwear must be worn at all times at the Event Site. Due to the noise levels at the Event Site, you should wear ear plugs or ear muffs at all appropriate times during the Event and, where you are an Adult Guardian, ensure your Accompanied Minors wear ear plugs, ear muffs or similar protective devices.

Movement around the Event Site

You must take reasonable care when moving around, or traversing the Event Site. You must move (whether on foot or in a vehicle) in an orderly 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 passage of other patrons, Event Staff or emergency personnel at the Event Site or the surrounding areas (including entering and exiting the Event Site). Where maps of the Event Site are made available by the Promoter, you should familiarise yourself with the layout of the Event Site, including the location of any emergency exits, to assist with moving around the Event Site safely in the event of an emergency.

Injury or illness

In the event of injury or illness the Promoter or Event Staff may, at your expense (or in the event of injury to or illness of an Accompanied Minor, at the expense of their Adult Guardian), arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of the Promoter or Event Staff) for your health or safety or for the health and safety of other persons at the Event.

Environment and facilities

Please be respectful of the environment and place any litter in the recycle or other bins provided around the Event Site. When you need to use the toilet, you must only use the public toilet facilities provided at the Event Site. You must not damage, improperly use or tamper with any public facility or infrastructure at the Event Site, or intentionally or recklessly cause any damage or interference to plants or animals at the Event Site or in the area surrounding the Event Site.

Your belongings

You enter the Event Site at your own risk, and you shall be responsible for the safety and security of all your belongings, and where you are an Adult Guardian for those of your Accompanied Minors, brought into the Event Site. The Promoter accepts no responsibility for any loss, damage or theft of or to your or your Accompanied Minors’ possessions or property at the Event.

Vehicle Pass

If you are arriving by vehicle, you must purchase a vehicle pass_._

Camp Site and Event Site access

If you are the holder or user of an Event Ticket or Minor Pass with Camp Site access, depending on the number of days of camping access the Event Ticket or Minor Pass entitles you to, you will be able to camp at the Camp Site for up to three (3) nights and three (3) days from 12pm local time at the Event Site on 8th November 2019 until 12pm local time at the Event Site on 11th November 2019.

There shall be no entry into the Camp Site or Event Site prior to 12pm local time at the Event Site on 8 November 2019 and the Event Site must be vacated by 2pm local time at the Event Site on 11th November 2019.

The Promoter reserves the right to amend or vary the advertised camping configuration, capacity, the dates of the access to the Camp Site (without prior notification) and deny admission to the Camp Site in accordance with the Event Terms or for any other reason it the Promoter’s absolute discretion.

Selection of camping spot

On arrival at the Camp Site you may select your camping spot within the area designated by your Event Ticket or Minor Pass (such as regular camping, glamping or VIP Areas), but you must be considerate of other campers and ensure that your camping spot is not on any roadway, walkway or emergency access lane and does not take up an unreasonable or excessive amount of space.

You must not camp in any area outside of the area in which your Event Ticket or Minor Pass entitles you to camp. You must follow any directions from the Event Staff. Once parked, vehicles must not be moved for the duration of the Event. If your vehicle or your camping spot is on, or encroaches on, any walkway, roadway or emergency access lane, it may be towed or removed by or at the direction of the Promoter, at your expense.

If you wish to camp with friends, then you will need to arrive together. Each type of Event Ticket and Minor Pass with Camp Site access has a designated area within the Camp Site and you will only be able to camp in the designated area on your Event Ticket or Minor Pass. Accompanied Minors must camp with their Adult Guardian. Attendees who have purchased an RV pass must arrive at the festival in an RV or Campervan. Attendees who have purchased an RV pass who arrive in an alternate vehicle will not be permitted to camp with their car in the RV area, and will be required to park their car and camp in the General Admissions area of the Event Site.

Noise

Noise shall not be permitted in the Camp Site after 12:00am (midnight) local time at the Event Site.

Weather Conditions

The Event is an all weather event and will take place rain, hail or shine (unless the Promoter determines otherwise in its absolute discretion). You should be prepared for all weather conditions (including while camping). The geographical area in which the Event is situated may be subject to extremes of temperatures, in particular high temperatures during the day, and low temperatures during the night.

Swimming Not Permitted

During the event, entering the water or swimming in the Goulburn River and/or the lagoon, or any other body of water on the event site is strictly prohibited. If you swim or enter the water in contravention of this condition you will be directed to leave the water and may be evicted from the event.

Leaving the Event Site

At the conclusion of the Event, you must remove all of your, and where you are an Adult Guardian, your Accompanied Minors’, belongings, camping equipment, rubbish, recycling and vehicles. The Promoter will not be responsible for any of property left at the Event Site and the Promoter may discard, sell or donate to charity any property left at the Event Site following the conclusion of the Event.

Disabled Accessible Camping

If you wish to purchase a disabled access camping spot at the Camp Site please email hello@supermild.com.au. Please note you will be required to provide details of your Mobility Parking Scheme permit issued by a regulatory authority (or equivalent proof of impaired mobility) and bring the original permit (or equivalent proof) to the Camp Site for presentation upon entry to the Camp Site.

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 exhibitions, the entertainment, the Event Site and/or the Camp Site for the Event at its discretion without prior notification.

The Promoter may deny admission to the Event Site and/or Camp Site (or sections thereof) and/or VIP Areas (including admission to a particular performance or attraction at the Event Site) in accordance with the Event Terms or otherwise in its absolute discretion.

Except where required by law or in accordance with Live Performance Australia’s Ticketing Code Of Practice, there will be no refund of any Event Tickets or Minor Passes or for any unused portion of an Event Ticket or Minor Pass. 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 or Camp Site or VIP Areas by the Promoter or Event Staff in accordance with the Event Terms, if you are an Accompanied Minor and your Adult Guardian is refused entry to or evicted from the Event Site or Camp Site or VIP Areas by the Promoter or Event Staff in accordance with the Event Terms, if you are an Adult Guardian and your Accompanied Minor is refused entry to or evicted from the Event Site or Camp Site or VIP Areas by the Promoter or Event Staff in accordance with the Event Terms, if you or your Adult Guardian 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, if you do not camp for the full period in which your Event Ticket or Minor Pass entitles you to Camp Site access or if you purchase the incorrect type of Event Ticket or Minor Pass.

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, refunds shall be in the Promoter’s sole and absolute discretion.

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 Event Site and 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, or where you are an Adult Guardian your Accompanied Minor’s, 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 wilful, negligent or reckless acts or omissions at the Event or as a result of your breach of the Event Terms. In the event that you are an Adult Guardian, you also undertake to indemnify the Released Parties against any loss or damage any of them may suffer as a result of any of your Accompanied Minors’ wilful, negligent or reckless acts or omissions at the Event or as a result of any of the Accompanied Minors’ breach of the Event Terms.

Promoter’s Liability

To the extent permitted by law (including the Australian 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, your Accompanied Minors (if you are an Adult Guardian) or any person in or entering or exiting the Event Site, 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, including pursuant to the Australian Consumer Law, the liability of the Released Parties is limited to the minimum permitted by law.

Voluntary Assumption of Risk

Entry to the Event Site is at your own risk. You understand that your attendance, and where an Adult Guardian the attendance of your Accompanied Minors, 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 Event Site, 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.

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.

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 Victoria and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.

Contact Us

If you have any questions about these Terms, please contact us.

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