DramFest 2023 Ticket Holder Terms & Conditions

The Terms and Conditions set out below constitute a binding agreement between Whisky Galore (Promoter) and the person holding or using a ticket (Event Ticket) to the event DramFest 2023 (Event) at Te Pae Christchurch Convention and Exhibition Centre (Venue) on Saturday 4th & Sunday 5th March 2023 (Event Date) irrespective of whether the ticket as purchased by the person holding or using the Event Ticket (you or your). These term and conditions should be read in conjunction with all statements and directives shown or displayed on your ticket, on-site at the Event, on the Promoter’s website and social media pages, or otherwise communicated by the Promoter from time to time.

Event Staff includes Promoters directors, partners, employees, contractors, agents, volunteers as well as any venue staff.

 

1.       Purchase of Tickets

1.1   The Promoter uses the third party ticketing platform ‘Humanitix’ as an intermediary to sell Event Ticket (Ticket Merchant). No other ticketing company is authorised to sell Event Tickets. Ticket sales may be subject to the terms & conditions of third party payment platforms, and you are solely responsible for paying any and all booking fees and charges in connection with the sale, including but not limited to the transaction and processing fees (which for the avoidance of doubt are additional to the advertised ticket price.)

1.2   Event Tickets 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 is sold or offered for re-sale or used in breach of this condition, the Event Ticket will be invalid and the holder of the Event Ticket may be refused admission or evicted from the Event.

1.3   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 any Event Tickets obtained above such limit by any one person will be invalid.

 

2.       Conditions of Entry to Event

Tickets

2.1   Entry to the Event will be granted upon presentation of a valid Event Ticket at the Venue.

2.2   Event Tickets, or any other entry pass provided by the Promoter in exchange for Event Tickets (e.g. wristbands) must be treated like cash. Event Tickets and/or entry passes that are lost, stolen, destroyed, tampered with, defaced, or damaged will be rendered invalid and will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Any person found without a valid Event Ticket or entry pass may be evicted from the Event by the Promoter or Event Staff.

2.3   You are responsible for checking all information provided at the time of purchase. Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event, Event Staff may check your photographic identification documents, being either a valid Hospitality New Zealand 18+ Card (HANZ Card), New Zealand driver’s licence, or a New Zealand or foreign passport (“Photo ID”), to ensure the name on your Photo ID 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 Photo ID, 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 contacting the Promoter only. Please note changes may be subject to payment by you of any applicable fees charged by the Promoter or their Ticket Merchant.

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

2.5   Unless otherwise provided for in these Event Terms or required by law, Event Tickets are not exchangeable or redeemable for any other event, or any other consideration, monetary or otherwise.

Minimum Age

2.6   The Event is an R18 event. You many be required to provide proof of age when entering the venue as per clause 2.3

Consent to Search

2.7   It is a condition of entry to the Event that a search of you and/or your possessions be conducted at the time of entry to the Venue and at other times if requested by the Promoter or Event Staff. This may include, but is not limited to, bag checks, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Venue, or evicted from the Event.

Special Entry Condition: COVID-19

2.8   You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (“COVID-19”) that is impacting various regions globally. By entering the Event, you warrant that:

  • You do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you have contracted COVID-19;

  • You have not knowingly been in contact with a person who has tested positive for COVID-19 in the last fourteen (14) days or has reason to believe they have contracted COVID-19;

  • If you have travelled from a location which, pursuant to border entry requirements by the New Zealand government, you are required to undertake a mandatory quarantine or other isolation programme upon entry to New Zealand, then you warrant that you have successfully completed such mandatory quarantine or isolation programme

  • You are not experiencing cold or flu-like symptoms, including:

    • a cough

    • fever

    • shortness of breath

    • sore throat

    • sneezing and runny nose

    • temporary loss of smell.

If you cannot make the warranties above, you must not attend the Event.

2.9   You acknowledge that as a condition of your entry, the Promoter, Ticket Merchant, Venue, government authority, and other third parties may collect your personal information for the purposes of contact tracing and complying with COVID-19 related legislation, regulations and health orders (as amended from time to time). You warrant that any personal information provided by you to any third-party or the Promoter for the purpose of contact tracing is correct, accurate and complete. You also acknowledge that you may be required to submit contact tracing information to the Promoter or other third party through an authorised mobile application or web check-in service (“Check-In Tool”). If you use a Check-In Tool, your disclosure of personal information will be governed by the terms of the operator responsible for the Check-In Tool. The Promoter disclaims all liability in connection with your use of a Check-In Tool.

2.10 Further, the New Zealand government or other public authority may introduce laws, regulations, orders and/or mandates relating to COVID-19 which may impose additional conditions of entry to the Event. These may include, without limitation, requirements to wear a mask, or to present proof of vaccination upon entry to the Event (e.g. by presenting a digital COVID-19 vaccine certificate). You acknowledge that you may be refused entry to the Event if you cannot meet the requirements of any laws, regulations, orders, or mandates relating to COVID-19 which are in force at the time of the Event.

 

3.       Compliance with Laws and Direction

3.1   You must follow all reasonable directions of the Promoter and Event Staff, including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws and any physical distancing orders in force at the time of the Event).

3.2   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.

3.3   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.

 

4.       Refusal of entry or eviction from Event

4.1   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 not over the Minimum Age; is unable to provide valid and current Photo ID; appears to be unwell or is showing symptoms of a contagious disease; 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 without limitation being intoxicated or affected by alcohol or drugs.

 

5.       Prohibited Items

5.1   The Promoter and Event Staff may confiscate any Prohibited Items or any other items which the Promoter, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner.

5.2   Mobility or Health exemptions: If you have any medical or mobility equipment necessary for your health that may otherwise be considered a Prohibited Item, please bring this to the attention of the Promoter or Event Staff prior to entry to the Event.

5.3   Outside Food and Drink Prohibited: No person is permitted to bring into the Event Venue any food or beverage items which have been purchased, prepared or otherwise obtained outside of the Event Venue. The Promoter operates and allows to operate a significant number of food and beverage outlets within the event venue from which any person may purchase a broad range of food and beverage products that cater to a wide range of food intolerances, allergies and dietary preferences. The Promoter reserves the right to, and to authorise or instruct Event Staff to, confiscate and/or dispose of any homemade, store-bought or commercial food items carried by any patron at any time in the Event Venue. The Promoter shall accept no responsibility for, or loss associated with the confiscation of unauthorised food and/or beverage items for any person. Empty water bottles or sealed water bottles may be brought into the festival and re-filled inside the festival from the various free water suppliers. 

 

6.       Recording and Photographing of the Event by Promoter

6.1   You consent to being 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”) for use in television, video, social media or printed promotional material.

 

7.       Alcohol, Smoking, Drugs and Illicit Substances

7.1   The Event is fully licensed. You must not bring alcohol into the Venue. Spirit samples will only de distributed in an official festival Glencairn Glass which eligible ticket holders will receive on entry.

7.2   The Promoter may make available designated smoking areas in their sole discretion. Smoking is only permitted in designated smoking areas. Any person found smoking at the Event (other than in a designated smoking area) may be evicted from the Event.

7.3   If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Promoter or Event Staff, you will be evicted from the Event and the Promoter may notify the police.

 

8.       Conduct during the Event

Movement around the venue

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

8.2   The Promoter will endeavour to make the Venue accessible for those using wheelchairs, mobility scooters or with a disability; however you acknowledge that the Venue has pre-existing natural terrain and pre-existing structures and facilities, and in some cases it may be impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Venue accessible for all patrons. By purchasing an Event Ticket, you acknowledge and understand that some public areas of the Venue may not be accessible by all patrons. If you have any concerns about the accessibility of the Venue, please contract the Promoter prior to the Event for more information.

Injury or Illness

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

Environment and facilities

8.4   Please be respectful of the environment and place any litter in the recycle or other bins provided around the Venue. You must not damage, improperly use or tamper with any property or facility at the Venue, or intentionally or recklessly cause any damage or interference to plants or animals at the Venue or in the area surrounding the Venue.

 

9.       Leaving the Event Site

9.1   At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. The Promoter will not be responsible for any of your property left at the Venue and the Promoter may discard, sell or donate to charity any property left at the Venue following the conclusion of the Event.

 

10.   Alterations or Amendments

10.1 Without limiting the foregoing, you agree and acknowledge that the Promoter may need to make significant changes to the Event in response to COVID-19 and to comply with any legislation, regulation, health order or other government direction or recommendation in place to prevent the spread of COVID-19 and that these changes may occur after you purchase your Event Ticket, at any time prior to the Event. These restrictions may include seating arrangements, format of the event (including location and visibility of the stages or screens), creation of restricted zones within the Venue. You agree and acknowledge that except where required by law, you will not be entitled to a refund in these circumstances. Please regularly check the website for updates and additional terms that may apply to the Event.

10.2 If the Promoter determines that a reduction to the capacity of the Event is necessary or desirable, the first purchased Event Tickets will remain valid up to the revised Event capacity. Any other Event Tickets will automatically be transferred to the next event, noting those ticket holders may request a refund in line with further information provided by the Promoter at such time.

10.3 The Promoter may deny admission to the Venue (including admission to a particular performance at the Venue) in accordance with the Event Terms or otherwise in its absolute discretion.

 

11.   Refund and Reschedules

11.1 Refunds are available up to 14 days prior to the event, Saturday 18th February 2022.

11.2 If the Event cannot take place (in whole or in part) due to an event, circumstance, or situation outside of the Promoter’s reasonable control (including but not limited to any act of God, epidemic or pandemic, natural disaster, fire, flood, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action, or cancellation by the Venue owner, lessee or controller) (“Force Majeure Event”) then the Promoter may, at their sole discretion:

A)      Postpone the Event. Provided that the Event is postponed within twelve (12) months of the original advertised Event Date, the Promoter may continue to hold payment for the Event Ticket and you shall not be entitled to a refund. Instead, you shall have the right to use the Event Ticket to attend the postponed Event. If the Event is not postponed within the specified period above, it will be considered a cancellation in accordance with clause 11.2(b) below.

B)      Cancel the Event. If the Event is cancelled by the Promoter due to a Force Majeure Event, then the Promoter will grant a refund (less any service fees) in accordance with terms advised to you by the Promoter at such time.

11.3 The parties agree that where it is impossible or unreasonably impractical for the Event to take place due to any cause or event in connection with the COVID-19, it shall be treated as a Force Majeure Event in accordance with clause 11.2, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of purchase of the Event Ticket.

 

12.   Voluntary Assumption of Risk

12.1 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. 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.

12.2 You shall be responsible for the safety and security of all your belongings brought into the Venue. The Promoter accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event.

 

13.   Governing Law

13.1 The Event Terms shall be governed by and constructed in accordance with the laws of New Zealand and the parties irrevocably and unconditionally submit to the jurisdiction of the courts in Ne Zealand.