Terms & Conditions
The Ocean Sounds music event (the Event) to be held on 10 December 2022 (Event Dates) on Churchill Island (the Venue) is presented by The Hills Are Alive Group Pty Ltd, ACN 164 359 602 (THAA).
Events tickets are sold and entry to the Event are subject to these terms and conditions (the Terms and Conditions), which form part of a binding agreement between THAA and the ticket purchaser and/or the ticket holder or user, irrespective of whether the ticket was purchased by the person holding or using the ticket (individually and collectively the Patron / you).
The Terms and Conditions should be read together with: THAA’s Privacy Policy, the terms and conditions of any ticket merchant or reseller through which Event tickets are sold (save that to the extent of any inconsistency, these Terms and Conditions shall prevail), the terms and conditions and policies of any website via which Event tickets are sold (including oceansoundsfestival.com.au, being the Event Website) and any other terms issued by THAA available at the Event Website or otherwise communicated to the Patrons by THAA prior to or at the Event (together, the Event Terms).
THAA reserves the rights to vary the Event Terms at any time and will publish any such variations via the Event Website. You acknowledge and agree that it is your responsibility to check any variations on the Event Website and you agree that by attending the Event, you accept any such variations.
LAST UPDATED: 12 August 2022
BY PURCHASING A TICKET AND/OR ENTERING THE EVENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE EVENT TERMS AND AGREE THAT YOU WILL BE BOUND BY THOSE EVENTS TERMS AS AMENDED FROM TIME TO TIME.
For the purposes of these Terms and Conditions, Event Staff means THAA’s directors, partners, employees, contractors, agents, volunteers and any Venue staff.
1. TICKETS
1.1 Events tickets are only sold via THAA’s third-party ticketing partner, Moshtix. No other third-party is authorised as a primary ticket outlet for the Event. You are solely responsible for any booking, processing and payment fees and charges (together, Transaction Charges) in connection with the sale of the Event tickets (which may be additional to the price of the ticket advertised by THAA) (being the Advertised Price).
1.2 Only ‘mobile tickets’ will be available for the Event.
1.3 THAA may authorise resale of Event tickets via Moshtix Resale and/or Tixel, in its sole discretion. The unauthorised re-selling of Event tickets or offering for sale, transfer or attempted transfer for profit or commercial advantage is not permitted at any time. This includes any use of Event tickets for advertising, promotion or other commercial purposes (including competitions or other trade promotions). An Event ticket sold or offered for sale or used in prohibition of this term is invalid and the holder of any such ticket may be refused entry to Event, without refund.
1.4 You may be permitted to transfer an Event ticket through Moshtix however additional costs may apply.
1.5 THAA reserves the right to enforce any publicly advertised limit on the number of Event tickets that can be purchased by one individual and any Event tickets purchased or held by a Patron more than this limit may be cancelled without refund.
1.6 Any complimentary Event tickets provided by THAA may not be sold, transferred or used by anyone other than the person to whom THAA issued the ticket.
2. ENTRY
Tickets
2.1 Unless stated otherwise, valid Event tickets permit entry to the Venue on 10 December 2022.
2.2 The Event is all ages however Youth Ticket (6-17yrs) and Child Ticket (5 and under) ticket holders must be accompanied by a valid adult 18+ ticket holder who is a parent or guardian.
2.3 Car Pass tickets will permit entry of one (1) car. Car Pass ticket holders must enter and/or depart the Venue with vehicles during daylight hours. No trailers, buses or camper-vans are permitted.
2.4 Other than Car Pass tickets, there will be no parking available at the Event. Patrons must not leave vehicles alongside public roads towards or near the Venue. Vehicles identified as being abandoned along roads will be towed. Any Patrons wishing to arrive by private chartered bus, must contact event management prior to the Event via thefarmer@thehillsarealive.com.au.
2.5 Bus Tickets holders must arrive to designated stop on time, late arrival will not give rise to refund. Event buses are operated by third-parties and any claims for loss, delay, injury or damage must be made against the third-parties, THAA will not liable for the same.
Your ticket may be exchanged for a wristband at entry to the Event that must be worn at all times during the Event. Lost, stolen or damaged wristbands will not be replaced or refunded. Any person found without a valid Event ticket or wristband may be evicted from the Event.
2.6 An 18+ wristband will be required to purchase alcohol at the event. Valid photo identification under applicable laws will be required for all ticket holders over 18+ years of age. Any failure to produce photo identification, may result in cancellation of the ticket without refund, refusal of entry to the Event and/or eviction from the Event. You may be required to show valid identification at multiple places in the Event to purchase alcohol.
2.7 There will be no parking available at the Event. Patrons must not leave vehicles alongside public roads towards or near the Venue. Vehicles identified as being abandoned along roads will be towed.
Consent to Search and Prohibited Items
2.8 Patrons’ admission to the Event is conditional on a search of their person and possessions. Patrons must consent to a search of bags, containers and person for glass, weapons, lasers, fireworks or flares, gas bottles, animals (excluding authorised guide/companion dogs), selfie sticks, drones, alcohol and illicit drugs and any other prohibited items (as set out in the Event Terms or as otherwise reasonably determined by Event Staff) (Prohibited Items). Refusal to consent to a search will prevent entry to the Event or eviction, without refund.
2.9 Any patron possessing a Prohibited Item will not be admitted and/or will be evicted from the Event. The Prohibited item will be confiscated, and it will not be returned. Depending on the item found the patron may be evicted from the Event at Event Staffs’ discretion.
Recording devices such as video cameras or audio recorders are not permitted at the Event without authority from THAA. Small still cameras and mobile phones are permitted for personal use only and any photos or videos taken by Patrons during the Event are only to be used for private and personal use (i.e., not to be made available for sale, and/or public display or otherwise used for commercial purposes).
2.10 THAA reserves the right to refuse a Patron admission to the Event and/or to evict any person from the Event if they are affected by alcohol or drugs.
Patrons are permitted to bring limited quantities of food (e.g. snacks) into the Event for personal consumption only. THAA reserves the right to confiscate any food from Patrons in its sole discretion acting reasonably.
3. COVID-19 SPECIAL CONDITIONS
COVID-19 Entry Conditions
3.1 By entering the Event, you warrant that:
(a) to the best of your knowledge, you do not have the novel coronavirus, COVID-19 (COVID-19);
(b) you are not waiting for the results of a COVID-19 test;
(c) you are not subject to any quarantine, isolation or other restrictions related to COVID-19; and
(d) you are not experiencing any of the symptoms recognised as symptoms of COVID-19 (Potential COVID-19 Symptoms), including without limitation:
· fever
· chills or sweats
· cough
· sore throat
· shortness of breath
· runny nose
· loss or change in sense of smell or taste
· headache or fatigue
· muscle or joint pains
For current information on COVID-19 and symptoms please visit:
https://www.health.gov.au/health-alerts/covid-19/symptoms-and-variants
If you cannot make the warranties above, you must not attend the Event. You acknowledge and agree that if you become aware of any of the circumstances above during the Event, you will immediately notify Event Staff and you may be evicted from the Event.
3.2 You acknowledge and agree that Event Staff may refuse entry to the Event or evict you from the Event if they reasonably determine that any of the circumstances set out under clause 3.1 above apply to you.
3.3 You acknowledge and agree that you may be required to comply with certain vaccination requirements as in place at the time of the Event. If you are unable to comply with any mandatory or recommended government vaccination requirements in place for the Event, you will not be entitled to a refund or other remedy regardless of whether or not such requirements were in place at the time of purchase of the Event Ticket provided that THAA provides notice to you as soon as reasonably practicable regarding any such vaccination requirements.
3.4 You acknowledge and agree that THAA may implement further lawful entry requirements, related to COVID-19, including without limitation face mask requirements including for the purposes of (i) complying with any government law, restriction, rule or recommendation, (ii) ensuring compliance with any government approved plan, (iii) complying with THAA’s insurance provider requirements or requests or as reasonably determined by THAA for the protection of Event Staff and Patrons and that failure to comply with these requirements may prevent you from entering the Event and provided such requirements are reasonably necessary or desirable for the safety of the Event, Patrons and Event Staff and are otherwise lawful, unless otherwise required by law, you shall not be entitled to a refund regardless of whether or not such requirements were in place at the time of Event Ticket purchase. THAA will provide notice to you as soon as reasonably practicable regarding any such additional entry requirements. THAA may authorise third parties to implement any such further entry requirements and you acknowledge that such third parties may have their own terms and conditions in respect of engaging with their services.
Contact Tracing and Personal Information
3.5 You acknowledge that you may be required to disclose personal information for the purposes of contact tracing or to otherwise comply with COVID-19 related legislation, government rule, regulations and health orders.
3.6 You may be required to disclose personal information to THAA, Moshtix, the state or federal government, or an authorised third-party intermediary of the foregoing. Any information collected by THAA for the purposes of contact tracing will be held in compliance with the Privacy Act, the Privacy Policy and other any relevant legislation or regulations.
COVID-19 Event Conditions
3.7 You agree that in travel to the Event, during the Event and exiting the Event, you will comply with any law, government regulation, restriction or health order related to COVID-19.
3.8 You agree to follow all other rules or restrictions notified by THAA at or during the Event, written instructions, signage and directions of Event Staff in relation to measures to prevent the spread of COVID-19 (including in relation to contact tracing).
3.9 If at any time during the Event, you experience any Potential COVID-19 Symptoms, Event Staff must be informed, and you must follow any reasonable directions given by Event Staff. You acknowledge and agree that you may be removed from the Event.
4. DURING THE EVENT
Compliance with Laws and Directions
4.1 You must follow all reasonable and lawful directions of Event Staff and signage at the Event and comply with all applicable laws and regulations (including in relation to liquor licensing and smoking).
Conduct during the Event
4.2 THAA reserves the right to refuse entry or evict any Patron from the Event if they reasonably determine that they have, may or are attempting to engage in illegal activity, are engaging in behaviour that (in THAA’s reasonable opinion) is unsafe or disorderly, the Patron appears intoxicated by alcohol or drugs, if a Patron crowd surfs or stage dives or climbs the staging, rigging or other structures at the Event, if a Patron attempts to enter a non-public or otherwise prohibited area, if the Patron causes damages to property, if the Patron acts in a violent, threatening, inappropriate, abusive or discriminatory manner or otherwise interferes with any other person’s enjoyment of the Event.
Limited Capacity Areas
4.3 THAA reserves the right to limit the capacity of the number of people that can attend certain areas of the Venue (Limited Capacity Areas). Once capacity has been reached, THAA may in its sole discretion prevent further people to enter the relevant Limited Capacity Area. You acknowledge and agree that the Event ticket and entry to the Event does not guarantee entry to all parts of the Venue at all times.
Pass-outs
4.4 There are no pass-outs for the Event unless authorised by the Promoter or Event staff.
Alcohol
4.5 THAA reserves the right to confiscate any alcohol purchased by Patrons if in the opinion of Event Staff any Patron is intoxicated or acting in a disorderly manner.
5. BREACH / REFUSAL OF ENTRY and REMOVAL FROM THE EVENT
5.1 Any breach of the Event Terms or unlawful conduct will entitle THAA and/or Event Staff to: refuse entry to the Event, evict the Patron from the Event and/or Venue without refund, and/or deem any Event ticket held or used by that Patron to be void. If relevant, THAA may also seek to have a Patron detained by local law authority.
5.2 If you are lawfully removed from the Event and/or denied entry to the Event in accordance with the Event Terms, you will not be entitled to any ticket refund and/or compensation.
6. REFUND POLICY and CHANGES, POSTPONEMENTS AND CANCELLATIONS
General Refund Policy
6.1 Except where set out in these Terms and Conditions or as otherwise required by law, Event tickets are non-refundable. A change in personal circumstances or an incorrect purchase DO NOT qualify for a refund or exchange. THAA may consider such a refund at its own discretion.
6.2 THAA reserves the right to make changes or alterations to the Event, including the date or venue, the line-up, the advertised program, the entry and exit times, the amenities, facilities, attractions/entertainment, layout and format of the Event (including whether dancing shall be permitted or seating areas available). In such circumstances, you shall only be entitled to a refund where required by law or as set out in these Terms and Conditions, and otherwise you will not be entitled to a refund or other compensation in the event of such changes.
6.3 Unless specified otherwise by THAA, any refunds will be facilitated by Moshtix and only the original purchaser of a ticket will be entitled to any available refund (this includes any resold or forwarded ticket) and refunds will be processed to the original method of payment. Requests for refunds must be made by the account holder of the original ticket purchase via https://tixsupport.moshtix.com.au/hc/en-us/requests/new.
Cancellations, Changes or Postponements outside of our control
6.4 Except as required by law, where an event is postponed or altered due to circumstances outside of THAA’s control (including without limitation, due to severe weather, communicable disease outbreak or other health crisis or an act of war or terrorism), Patrons will not be entitled to a refund or other remedy and THAA will consider refunds in its sole discretion.
6.5 Where an event is entirely cancelled (with no postponed or alternative dates), due to circumstances outside of THAA’s control (including without limitation, due to severe weather, communicable disease outbreak or other health crisis or an act of war or terrorism), Patrons will be entitled to a refund in respect the Event ticket (including booking fees) but will not be entitled to a refund in respect of any related expenses (such as travel and accommodation).
COVID-19 – Refunds for Patrons unable to attend
6.6 If the Event is otherwise taking place but you are prevented from attending the Event solely and directly because of a federal or state government law, regulation, health order or other restriction related to COVID-19 (including, for example, border closures, stay at home or lockdown restrictions and/or quarantine or isolation restrictions) (Individual Refund Criteria), you can submit a request for a refund via Moshtix and we will consider any such request in our sole discretion provided that you provide written or documentary evidence demonstrating your Individual Refund Criteria.
6.7 For the avoidance of doubt, unless clause 6.5 applies or as otherwise required by law, you will not be entitled to a refund if you are unable to attend the Event (even where the reason is outside of your control).
6.8 Requests for refunds under clause 6.5 are irrevocable even where your circumstances change, and you acknowledge that THAA will be entitled to resell your Event ticket.
Consumer Law
6.9 You retain all rights as a Consumer under the Australian Consumer Law when purchasing tickets to the Event. Nothing in the Event Terms (including these Terms and Conditions) shall limit, restrict or exclude any of your rights under the Australian Consumer Law (including any consumer guarantees) or other non-excludable conditions at law.
7. INDEMNITY
Patrons indemnify THAA and Event Staff against any loss, damages or expenses, including but not limited to reasonable fees and legal costs, which THAA or Event Staff may suffer or incur directly or indirectly as a result of any claim, action or proceeding (including threatened claims, actions or proceedings) directly or indirectly in relation to the Patron’s wilful, negligent or reckless acts or omissions at, prior to or after the Event or as a result of a breach of the Event Terms.
8. LIABILITY
8.1 The Event is provided ‘as is’ and to the extent permitted by law, THAA makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event. Without limitation, you acknowledge and agree that THAA may need to make significant changes to the Event or entry requirements in response to COVID-19 and to comply with any related government laws, regulations, health orders, restrictions or recommendations and such changes may occur after you purchase your Event ticket.
8.2 Entry is at the Patron’s own risk. Patrons are asked to wear appropriate footwear and earplugs if necessary to do so. THAA will not be held liable for any hearing damage or loss caused by excessive noise or otherwise. Please be aware that strobe lighting and flashing lights will be used during some of the performances and neither THAA nor the performing artists will be liable for any injuries or damages caused by such lighting.
8.3 To the fullest extent permitted by law, THAA does not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Event or any liability for any injury, damage, loss, delay or additional expenses which are incurred or sustained entering, at or in association with the Event or purchase of the Event ticket. THAA shall not be held liable for any loss, injury or damages sustained entering, or leaving or at the Event. This includes any indirect, consequential, exemplary or special damages.
8.4 Notwithstanding anything else in these Terms and Conditions, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, THAA’s liability for breach of any term, condition, warranty, statement, or assurance contained or related to the Event Terms is limited to the retail value of the Event ticket. Where permitted under the Australian Consumer Law, THAA limits its liability in respect of any breach of any statutory guarantee under the Australian Consumer Law in the manner set out in section 64A(2)(b) of the Australian Consumer Law.
8.5 Personal property is taken onto the Event site at the Patron’s own risk. THAA takes no responsibility for, nor will replace or refund the cost of lost, stolen, damaged items, including in the Event of an emergency evacuation.
8.6 To the full extent permitted by law, Patrons waive all legal rights of action against and fully release THAA, its agents, employees, members and volunteers for all claims of compensation for loss, damage, injury or death howsoever arising out of or in relation to the patron’s participation in 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 Terms and Conditions.
9. CONSENT
9.1 In the event of injury or medical treatment requiring more than basic First Aid, THAA may, at the expense of the Patron, arrange medical treatment or emergency evacuation as deemed necessary by the Event First Aid Team in their discretion. Entry is conditional on the patron consenting to THAA and/or any authorised third-party healthcare provider having access to your medical information in the event of such emergency.
9.2 By entering the Event, you acknowledge and agree that you may be included in audio and/or audio-visual recordings and images taken of the Event by THAA, Event Staff or an authorised third-party (Event Materials). To the extent you own, hold or control any rights (including moral rights) in and to the Event Materials, you irrevocably assign those rights to THAA or waive such rights (as applicable). THAA shall have the right to use and/or exploit the Event Materials in any and all media, in perpetuity, throughout the world (including for marketing, promotional or commercial purposes).
9.3 It is a condition of purchase of an Event ticket that the Patron consents to THAA, Moshtix and any other authorised third party, collecting and retaining their personal information. THAA will hold your personal information in accordance with the Privacy Act 1988 (Cth) and its privacy policy.
10. MISCELLANEOUS
10.1 THAA may freely assign its rights and/or novate its obligations under the Terms and Conditions. Where the novatee assumes the obligations of THAA, THAA shall be released from all such obligations.
10.2 Any provision of the Terms and Conditions which are or becomes unenforceable shall be severed from these Terms and Conditions or read down (to the extent unenforceable) and will not invalidate the remainder of that provision or other provisions of the Terms and Conditions.
10.3 These Terms and Conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts in that jurisdiction.