WINE ISLAND – TERMS AND CONDITIONS

  1. INTRODUCTION

The Event Terms and Conditions form a contract between Illusive Presents (ACN 614 549 389), Black Betty Productions Pty Ltd (ACN 603 135 182) (together Wine Island) and anyone holding (or using) a ticket or WI22 Wristband to Wine Island’s “Wine Island 2022” Event (the Event) at Clark Island, Sydney Harbour (the Venue) or otherwise attending the Event (without a valid ticket or WI22 Wristband). These terms and conditions are binding.

When you purchase a ticket to the Event (Ticket) or when you attend the Event, you agree to comply with, and to procure that anyone else holding (or using) a Ticket or WI22 Wristband for the Event that you have purchased will comply with the following:

  • these terms and conditions;
  • any requirements or rules that are published by Wine Island on its website in relation to the Event, displayed at the Event, or otherwise announced, published or communicated by Wine Island at any time in any way in connection with the Event (including but not limited to terms and conditions relating to your use of the WI22 Wristband and your entitlement to any refund of cash loaded onto your WI22 Wristband);
  • any terms and conditions of any Ticketing Agent through which tickets to the Event are sold or distributed; and
  • any terms and conditions of use of the Venue, including any required by National Parks & Wildlife Service NSW (which controls the Venue) or other relevant authorities (together, the Event Terms and Conditions).

Admission to the Event is conditional upon compliance with the Event Terms and Conditions Wine Island reserves the right to cancel any Ticket or Wristband used in breach of these Terms and Conditions or any other Venue or Event specific terms.

 

  1. PURCHASE OF TICKETS

Tickets to the Event are available through authorised ticketing agents (Ticketing Agents). Wine Island cannot guarantee any ticket purchase made through any means other than the Ticketing Agents (for example via resale sites such as Viagogo, TicketFinders or Ticketmaster Resale).

  1. COVID-19 IMPORTANT INFORMATION

 

The COVID-19 situation in Australia continues to evolve and Wine Island anticipates Government and Health Authority requirements will continue to change.

 

As the promoter, Wine Island must consider stipulations from Government, Health Authorities, Stallholders and Venues in determining the COVID Safe measures the Event. These requirements may include, but not be limited to, proof of vaccination, QR code check-in, social distancing, mask wearing and/or other measures.  You will need to comply with these requirements in order to attend the Event events and will be kept up to date with developments in the lead-up to the Event.

 

You agree to follow Event policies (including health and safety policies) and COVID Safe measures and instructions while at the Event.

 

COVID-19 is an extremely contagious disease that can lead to severe illness and death. There is an inherent and elevated risk of exposure to COVID-19 in any public place or place where people are present and there is no guarantee, express or implied, that those attending an Event will not be exposed to COVID-19.  You should evaluate your risk in determining whether to attend the Event. By entering the Event, you voluntarily assume all risks related to exposure to COVID-19.

 

See Item 6 for CANCELLATION AND REFUNDS due to COVID-19.

  1. ENTRY AND ATTENDANCE

You must possess a wristband obtained using a valid Ticket (a WI22Wristband) and present that WI22 Wristband at the Venue’s access point for scanning to access the Venue.

While at the Venue and while you are on any transport to or from the Venue supplied by Wine Island, you must comply with all reasonable directions given by Wine Island (including by any of its staff or other personnel), its sub-contractors and others involved in organising and conducting the Event, including security staff, hospitality and bar and wait staff, traffic management and local government police, fire or ambulance personnel and other emergency services operators (all Event Personnel).

You can only access the Venue if you are 18 years of age or older, and you must provide to Event Personnel identification when requested. Whether Event Personnel accept your proof of identification as valid proof of your age, is entirely at their discretion.

Event Personnel can refuse entry to, or evict any person from, the Venue if, in their discretion, you are in breach of the Event Terms and Conditions or are otherwise unqualified for entry to the Event or to continue attending the Event. Without limitation, unaccepted identification, anti-social behaviour, inebriation, drug use, disorderly or abusive behaviour, and safety or regulatory concerns, are all reasons for which you can be evicted or not allowed admission into from the Event.

At the Venue you must wear a WI22 Wristband on your wrist at all times. Any Ticket or Wristband that is lost, damaged, stolen or destroyed will not be replaced, except in the absolute discretion of and under any conditions imposed by Wine Island.  If you remove, tamper with or deface your wristband, it can be regarded as invalid and will not be replaced. It may be possible to buy a new WI21 Wristband at the Venue, but that facility is not guaranteed.

You may be subjected to a search request by Event Personnel, with which you must comply. If you don’t comply, Event Personnel may evict you or deny your admission to the Event.

For public safety and other reasons, there is a range of items that you are prohibited from bringing to the Event. If you bring a prohibited item to the Event, you may be evicted, and the item may be confiscated. If your item is confiscated, it may be cloaked and may be collected by you at the end of the Event. For a list of prohibited items, please see our FAQs.

  1. RESCHEDULED EVENTS

If an Event is rescheduled for any reason whatsoever, including COVID-19, your Ticket will be valid (or if applicable your Ticket will be reissued) for the rescheduled Event. You are entitled to a full refund of the Ticket price if you cannot attend the rescheduled Event, provided that you apply for a refund within the period of time advertised or notified by Wine Island and/or the Ticketing Agent.

  1. CANCELLATION AND REFUND OF TICKETS

Wine Island can, in its discretion and without notice to you, determine the nature and variety of stalls, entertainment, amenities, and other features of the Event, and vary the date, access, exit times and any other aspect of the Event.

Except to the extent required by law, or to comply with the Ticketing Code of Practice published by Live Performance Australia (the TCP), Wine Island will not refund any Ticket, whether or not there has been a variation to the Event, or you are evicted from or refused entry to the Event in accordance with the Event Terms and Conditions.

If the Event is cancelled for any reason, refunds may be processed, other than as required by law or the TCP, at Wine Island’s discretion.

  1. PHOTOGRAPHY AND FILMING AT THE EVENT

Professional cameras or recording devices (including, but not limited to, all cameras with a detachable lens, single-lens reflex (SLR) cameras and digital single-lens reflex (DLSR) cameras, and any other device that Event Personnel in their discretion deem a professional camera) are only permitted at the Event with written permission from Wine Island. You must present a copy of this written permission upon request by Event Personnel. Personal cameras are permitted at the Event, provided that any photographs, audio and audio-visual recordings taken on such devices are used for private and personal use only, and are not made available for sale, nor made available to or transmitted to the public.

Wine Island reserves the right to broadcast, telecast, film and/or record the Event. By attending the Venue, you consent to Event Personnel making audio, audio-visual and photographic recordings of you at the Event, in their absolute discretion. you assign to Wine Island all right, title and interest you may have in any such recording made by Event Personnel. Event Personnel can use that material as Wine Island sees fit, including for promotional purposes associated with Wine Island and its sponsors’ activities, including advertising, marketing and promotions. You will have no entitlement to compensation or any other claim in relation to such use, and you consent to the re-contextualisation or other use of such material in such a way as Wine Island or its licensees see fit, throughout the world.

  1. SECURITY AND SAFETY

You agree to comply with security and safety requirements and directions at the Event. Prior to entry to the Event, you may be subject to specific security and safety requirements including but not limited to bag checking, metal detector tests, pat downs and/or drug detection tests.

The Venue is entirely smoke-free for the duration of the Event, which means you cannot burn tobacco or any other substance, by any device, nor inhale vapour from e-cigarettes, anywhere at the Venue.

Wine Island will make available some third-party medical services at the Event. If Event Personnel arrange medical treatment or emergency evacuation at the Event (in their absolute discretion) for you which incur additional costs, such services will be at your sole expense.

You enter the Event entirely at your own risk and you are responsible for the safety and security of all your belongings carried into the Venue. You release Wine Island from any responsibility for any loss, damage or theft of, or to, your possessions or property at the Venue.

It is important to Wine Island and our artists that the Event is enjoyable and safe for patrons. Anyone behaving in an offensive, disruptive or dangerous manner may be ejected from the Event in Wine Island’s discretion. If you feel unsafe, distressed or harassed at an Event we encourage you to seek the assistance of Event Personnel.

  1. PROHIBITED ITEMS

Wine Island and Event Personnel reserves the right to prohibit items which it believes threatens the enjoyment, rights and/or safety of you, performers and/or other patrons at the Event. Prohibited items include, but are not limited to, the following:

  • Tables, tents or sun shelters;
  • Umbrellas;
  • Alcohol;
  • Illicit substances;
  • Water bottles;
  • Glass items;
  • Metal cutlery and/or knives;
  • Weapons of any sort including tasers, mace spray;
  • Selfie and/or go pro sticks;
  • Animals (excluding guide dogs);
  • Bean bags, blow-up chairs or lounges;
  • Lasers, flashlights;
  • Fireworks and/or flares;
  • Items capable of being used as a projectile.

 

  1. RELEASE AND INDEMNITY

To the full extent permitted by law, you waive all legal rights of action against and fully release Wine Island; Event Personnel; 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 however arising out of or in connection with (whether directly or indirectly) the Event, your 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 and Conditions.

You 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 and Conditions.

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 or any person in or entering or exiting the Venue, participating in the Event or otherwise in connection with the Event whether caused by the negligence of 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.

Entry to the 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. To the extent permitted by law (including the Australian Consumer Law), 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. For the avoidance of doubt, transport to and from the Venue and any medical assistance you receive at the Event will be operated by independent parties. Wine Island is not liable for any loss or damage incurred by you in connection with such goods or services.

  1. VARIATION TO TERMS AND CONDITIONS

We can vary the Event Terms and Conditions, and any other rules or regulations or requirements associated with the Event, at any time, and those variations will become effective when they are published or communicated on our website. Those variations may or may not be communicated to you directly via the contact details provided in your registration and Ticket purchase.

We can assign any of our rights and obligations under the Event Terms and Conditions, in our discretion. If any term or condition of the Event Terms and Conditions is void or invalid or otherwise unenforceable, then it is deemed to be severed from this contract to the extent that it is void, invalid or unenforceable, leaving the remainder of this contract in full force and effect. This contract is exclusively governed by the laws of New South Wales.