DOWNLOAD 2020 - TERMS AND CONDITIONS OF SALE & ENTRY
The terms and conditions set out below shall constitute a binding contract between Live Nation Australasia Pty Ltd trading as Download, ABN 69 156 286 341, Level 1, 11 Newton Street, Cremorne VIC 3121 (the “Promoter”) and the individual holding or using a ticket (“Ticketholder” or “Patron”) in relation to the event known as Download (“Event”) to be held at Melbourne Showgrounds, Melbourne on Friday 20 March 2020 and at Parramatta Park, Sydney on Saturday, 21 March 2020 (each venue hereafter referred to as, “the Venue”). All terms and conditions set out below (the “Event Terms”) are to be read together with the Merchant Terms and Conditions as made available on the ticket purchase web site (the “Merchant Terms”).
1. Entry to and attendance at the Event is in accordance with these Event Terms, the Merchant Terms and any other Event rules viewable at www.downloadfestival.com.au, displayed at the Event, the Venue or communicated by the Promoter from time to time in any other format. Event Operational Times: 11:00am – 10:00pm Friday, 20 March 2020 (Melbourne) & 11:00am – 10:00pm Saturday, 21 March 2020 (Sydney). Further information can be found at www.downloadfestival.com.au
2. THIS IS STRICTLY AN 18+ EVENT. NO CHILDREN UNDER 18 ARE ALLOWED, NO EXCEPTIONS. VALID PHOTO ID REQUIRED TO ENTER THE EVENT, PURCHASE AND/OR CONSUME ALCOHOL.
3. You must have a valid Event ticket to enter the Venue and Event entertainment precinct.
4. The Promoter reserves the right to refuse entry or evict any person from the Venue who does not comply with these Event Terms, the Merchant Terms, the Event rules or who engages in an illegal activity or activity deemed in the Promoter’s sole discretion to be antisocial (including without limitation, being affected by alcohol or drugs). Patrons will be removed from the Venue if, in the opinion of the Promoter, they behave or act in a threatening or inappropriate manner, including without limitation, any aggressive, riotous, abusive, offensive, racist, sexist or insulting actions towards other patrons, Event staff or any other persons working at or attending the Event.
5. Protest and political paraphernalia and banners are not allowed in the Event or at the Venue, and the Promoter reserves the right to remove any person in possession of or displaying these items.
6. If you are removed from the Venue or the Event and/or denied entry to the Venue or the Event, you will not be entitled to any ticket refund in part or in full and you will not be entitled to any compensation.
7. Patrons are required to follow the reasonable directions of the Promoter and Event staff at all times.
8. Tickets must be treated like cash. Tickets are not refundable and will not be replaced or refunded if lost, stolen or damaged, except as required by law or as otherwise specified by these Event Terms, the Merchant Terms or by the Promoter from time to time. Damaged or defaced tickets will not be accepted. Do not share your ticket barcode with anyone else or you may be denied entry. Tickets purchased from a source other than the official ticket merchant will not be honoured at the Event.
9. The Promoter reserves the right to change the Event program and artist line-up and vary the Event date or Venue at its discretion without prior notification. To the extent permitted by law, the Promoter is not liable for any loss, injury, damage or compensation, as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by act of God, extreme weather, act of war, industrial dispute or for any event outside of the control of the Promoter then refunds shall be at the Promoter’s absolute discretion. No ticket refunds or compensation will be made in circumstances where the Event program varies due to the non-appearance of an advertised artist. The Event will take place rain, hail or shine.
10. The sale or attempted re-sale of a ticket by the Ticketholder (including via on-line auction sites) without the prior consent of the Promoter is prohibited. If a ticket is sold or used in breach of these Event Terms, the Promoter retains the right to cancel the ticket without a refund, refuse entry to or eject the Ticketholder from the Event and/or commence legal proceedings. Should Promoter offer a resale facility this will be the only legitimate way to on-sell any unwanted tickets. Use of tickets for or in conjunction with any advertising, promotion, marketing or competition is strictly prohibited (unless authorized by the Promoter in writing).
11. The Event name (and variations) is a trademark of the Promoter and protected by law. The Promoter owns all copyright in the Event name, logo, images, tickets or other works and materials associated with the Event, and these cannot be used in any way (including promotions, advertising and ticket giveaways or for any commercial purpose) unless authorized by the Promoter in writing.
12. The Ticketholder must comply with the law at all times during the Event. Proof of Age identification is required to buy and consume alcohol and may be requested at any time.
13. Excessive drinkers, illegal drug users or Patrons displaying antisocial behaviour may be ejected from the Event (at the Promoter’s discretion) or be dealt with by police. Uniform and undercover police will be in attendance at the Event.
14. Possession, sale or use of illegal drugs or illicit substances is strictly prohibited at the Event. Any persons found with illegal drugs or illicit substances in their possession may be removed from the Venue and be subject to Police action.
15. The Promoter is not responsible or liable for any unattended, lost or stolen items. Patrons agree to enter the Venue at their own risk and shall be responsible for their own property and personal items.
16. Patrons must not cause damage to, improperly use or tamper with any public or Venue facility or Event infrastructure, or cause any damage to flora and fauna on or surrounding the Venue or enter any onsite bodies of water. Patrons must not remove or attempt to remove any item or object from the Venue or surrounding area. Patrons accept full liability and responsibility for any loss or damage caused in contravention of this clause or these Event Terms.
17. The following items (without limitation) are prohibited and cannot be brought on to the Venue or to the Event: animals (with the exception of registered guide dogs), alcohol, glass, illegal substances, drones, selfie sticks, lasers, flares, fireworks, sparklers, flammable items, explosives, BBQs, video & tape recording devices incl GoPro’s, umbrellas, knives, anything that could be used as a weapon or any other item deemed by the Promoter or Event staff (in their discretion) to be dangerous or offensive or potentially dangerous. Ticketholders and their property (including small bags, containers and other personal items) may be searched for prohibited items upon entry to, or at any time during, the Event. The ‘No Large Bag’ policy will be enforced in the Event area. Ticketholders found with prohibited items or who refuse to make their clothes, bags, or other possessions available for search by the Promoter, may be refused entry to the Event, ejected and/or have the prohibited items confiscated. Confiscated items will not be returned, replaced or reimbursed.
18. For a full list of banned and prohibited items, please visit www.downloadfestival.com.au.
19. Only empty plastic/reusable bottles may be brought into the Venue for refilling from water stations (NO metal, glass or aluminium bottles allowed)
20. Tickets MUST be exchanged for a wristband once on the Venue. Wristbands that are removed from wrists or tampered with will be rendered invalid and will not be replaced. The Promoter reserves the right to deny admission to the Event to any person holding a ticket that appears to be tampered with, counterfeited or duplicated. Anyone found on at the Event site without a valid Event wristband or accreditation will be deemed to have trespassed, will be evicted from the Event and may be handed over to the Police.
21. There will be no pass outs provided to any Patrons who leave the Event prior to the scheduled Event finishing time. The Promoter reserves the right (at its sole discretion) to assess individual circumstances.
22. Patrons acknowledge that there may be restricted capacities at some of the Event stages or venues, and the purchase of an Event ticket does not guarantee entry to these areas in such circumstances. Once it is determined by the Promoter or Event staff (at their sole discretion) that the maximum capacity has been reached in these areas, there will be no further admissions.
23. The Promoter reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits by any one customer.
24. Audio or visual recordings of the Event, performers and artists at the Event are prohibited. Still cameras (not professional) are permitted but images may be used for private purposes only, not for public display or for commercial use. Professional cameras (including drones, GoPros and professional still cameras) are prohibited at the Event or surrounding areas of the Venue without written consent of the Promoter. Ticketholders are not permitted to record the Event (audio or video) for commercial purposes.
25. Ticketholders consent to their inclusion in official photographic, film and other visual and audio recordings of the Event and grant the Promoter and its authorised representatives and licensees the right to use such photos and recordings for promotion, marketing and other purposes in all media without restriction.
27. Tickets are non-refundable and non-exchangeable, except as required by law &/or specified by the Live Performance Australia Ticketing Code of Practice. Incorrect purchases and/or refusal of entry due to not having valid ID for admission to the Event DO NOT qualify for a refund or exchange.
28. There will be no refund of any unused portion of an Event Ticket if you are asked or forced to leave the Event for any of the reasons set out in the Event Terms or if you decide not to attend the Event.
29. Entry to the Event is at the Ticketholder’s own risk. Without limiting the generality of the foregoing, appropriate footwear and clothing must be worn at all times at the Event. Ticketholders must not mosh, crowd surf or stage dive. Patrons engaging in these or other dangerous activities will be removed from the Venue, and Patrons accept all risk and liability for any injuries and damages caused by these activities. The Promoter recommends that due to noise levels, ear plugs should be carried/worn by Patrons. To the extent permitted by law, the Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or any injury caused by the Ticketholder’s failure to follow the Promoter’s directions or Event rules. Offensive language may be used by performers and artists.
30. In the event of Patron injury or illness, the Promoter may at its discretion, and at the cost of the Patron, arrange medical treatment and/or emergency evacuation as deemed essential or necessary for the safety of the Patron (and/or other Patrons at the Event).
31. To the fullest extent permitted by law, Ticketholders waive all legal rights of action against and fully release the Promoter, its directors, officers, agents, employees, contractors and volunteers from and against all claims for compensation, expense, loss, damage, injury or death suffered or incurred howsoever arising out of or in relation to the Ticketholder’s attendance at the Venue and at the Event, including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these Event Terms. Patrons agree to indemnify the Promoter, its directors, officers, agents, employees against any loss, damage or expense suffered or incurred by the Promoter as a result of any negligence or breach of these Event Terms by the Patron. Where permitted under the Australian Consumer Law (“ACL”), the Promoter limits its liability in respect of breach of any statutory guarantee under the ACL in the manner set out in sections 64A(1)(a) and 64A(2)(a) of the ACL.
32. In the case of an emergency or serious injury, Patrons must follow all official directives of the Promoter or Promoter’s authorized staff and personnel.
33. Any provision of these Event Terms which is or becomes unenforceable shall not invalidate the other provisions of these Event Terms.
34. The laws of the state of Victoria applies to these Event Terms and the Promoter and the Ticket Holder submit to the jurisdiction of the courts of Victoria with respect to any proceedings arising out of or relating to the Event.