TERMS AND CONDITIONS
Obtaining a ticket to BIGSOUND and being admitted into a BIGSOUND event is subject to these Terms and Conditions.
Definitions
(a) “BIGSOUND” means the BIGSOUND 2019 Festival which encompasses all events, conference, workshops, artist showcases, concerts and parties organised, staged and conducted by the Organiser between [date] and [date].
(b) “Event(s)” means any event that is part of BIGSOUND.
(c) “Organiser” means Queensland Music Network Incorporated ABN 14 083 014 720.
(d) “Patron(s)” means a Ticketholder who is in attendance at an Event.
(e) “Ticketholder(s)” means the person who holds a ticket.
(f) “Venue(s)” means the premises, venue or location of an Event.
(g) “Venue Operator” means the owner, tenant or person, business or corporation that otherwise has exclusive possession of the Event Venue.
Conditions of entry
1. Entry to an Event:
a) advertised as 18 + event;
b) all Events are prohibited to persons under the age of 18 years old.
2. Ticketholders MUST show valid Photo ID at the Event entrance bearing the same name and date of birth details as those printed on their ticket.
3. Ticketholders acknowledge that:
a) the Organiser does not have exclusive possession of the Venues that the Events are held at and the Ticketholders must follow the directions of the Venue Operator, Organiser and Event staff;
b) they will be required to use public areas to move between Events and Event Venues;
c) the Organiser reserves the right to refuse or deny entry into, or remove or evict from, an Event where the Organiser or the Venue Operator has reasonable grounds to do so, including if you breach these Terms and Conditions, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others.
4. If Ticketholders arrive late to an Event, the Ticketholder may not be admitted until a suitable break in the Event.
5. Ticketholders are not permitted to record any Event (audio or video) for commercial or uploading purposes without prior written approval from the Organiser.
6. Ticketholders may not be permitted to take into the Event, or use, cameras or other photographic or recording equipment (including mobile phones, professional audio or video recording devices, including GoPros, and professional still cameras).
7. Bags, containers and other personal items may be searched at the entry to the Venue to check for any prohibited items, including glass, alcohol, weapons, umbrellas, selfie sticks, video cameras (including GoPros), and drones.
8. Ticketholders may be required to submit to a search of your person for prohibited items before entering a Venue.
9. Inappropriate behaviour such as physical and verbal abuse, derogatory or discriminatory language or behaviour or any type of harassment, racism and sexism will not be tolerated at BIGSOUND. If you are banned from an Event or Venue because of inappropriate or disruptive behaviour, BIGSOUND reserves the right to revoke your ticket without a refund.
10. Protest and political paraphernalia and banners are not permitted during an Event or at the Venue. The Organiser reserves the right to remove any person in possession of or displaying these items, or any item which is deemed by the Organiser to be racist, vilifying, sexist and/or offensive.
11. Patrons must not cause damage to, improperly use, or tamper with any Venue facility or Event infrastructure. 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 any other term of these Terms and Conditions.
12. Patrons may be removed from the Venue if, in the opinion of the Organiser or Venue Operator, 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 at the Venue or the Event. Patrons are required to follow the reasonable directions of the Organiser, Venue Operator and Event staff at all times.
Risk
13. Entry to the Venue is at the Ticketholder’s own risk.
14. Activities such as moshing, crowd surfing, climbing and stage diving are strictly prohibited. Patrons engaging in these or other dangerous activities will be removed from the Venue, and Ticketholders and Patrons accept all risk and liability for any injuries or damages caused by these or any activities.
15. The Organiser recommends that due to noise levels, ear plugs should be carried/worn by Ticketholders.
16. The Ticketholder acknowledges that offensive language may be used by some performers and artists.
17. The Ticketholder acknowledges and agrees that the Organiser (and its employees, contractors and agents) shall not be liable for any loss, cost, expense, injury, claim or damages suffered or sustained by any Ticketholder and/or Patron at any Venue or any Event. The Ticketholder acknowledges and agrees that the Organiser limits its liability in respect of breach of any statutory guarantee under the Australian Consumer Law (ACL) in the manner set out in sections 64A(1)(a) and 64A(2)(a) of the ACL.
18. To the full extent permitted by law, Ticketholders waive all legal rights of action against and fully release the Organiser, its agents, employees and volunteers for all claims for compensation for loss, damage, injury or death howsoever arising out of or in relation to the Ticketholder’s entry to and presence at any Venue and their attendance at any Event and their involvement in BIGSOUND.
Delegate Members
19. Your name, organisation and website details can be viewed online in the Delegate Portal by other Ticketholders. If permission is given at time of registration, your email address will also be visible.
20. To register as a member you must quote your membership number. If you do not know your member number please contact the participating organisation before registering.
21. If you are not a current QMusic member and would like to join QMusic before registering please see HERE.
Privacy
22. It is a condition of purchase that the Ticketholder consents to the Organiser collecting and retaining their personal information. The Organiser will hold your information as required by the Privacy Act 1988 (Cth) and for contacting you in relation to ticketing matters and Event information. The Organiser will not trade or sell your personal information but may use it for future events of the Organiser.
23. All Ticketholders consent to be included in any official photography, filming & sound recording by the Organiser and/or any of its authorised representatives and contractors, and grant the Organiser the right to use such recordings for promotion and other purposes.
Authenticity and validity of tickets
25. Entry to an Event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from the Organiser or other authorised points of sale.
Variations to performances or events
26. The Organiser reserves the right to vary the BIGSOUND program and/or to add, withdraw or substitute presenters, conference speakers and artists. No ticket refunds or compensation will be made in such circumstances, or if the BIGSOUND or Event program varies due to the non-appearance of an advertised presenter, conference speaker or artist.
System Errors
27. While the Organiser takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. The Organiser may cancel an order made as a result of any such error, although in the case of a pricing error the Organiser will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
Customer Errors
28. If the Organiser is required to reprocess a ticket transaction as a result of an error by the Ticketholder, the Organiser may charge the Ticketholder the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to the Organiser by a third party.
Refunds, exchanges and replacements
29. BIGSOUND tickets are not transferrable.
30. The Organiser will only offer a refund or exchange of a ticket if BIGSOUND is cancelled, rescheduled or significantly relocated by the Organiser (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. The Organiser does not offer refunds or exchanges as a result of a change in your personal circumstances.
31. If BIGSOUND is cancelled, rescheduled or significantly relocated by the Organiser, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), the Organiser will not be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
32. Lost or stolen tickets or delegate passes will not be replaced.
33. A new ticket or delegate pass will need to be purchased at the full rate for continued access to BIGSOUND events including showcases, parties and conference panels.
34. If you are removed from any Venue or any Event and/or denied entry to any Venue or any Event, you will not be entitled to any ticket refund in part or in full and/or compensation.
35. Ticketholders acknowledge that there may be restricted capacities at some of the Events or Venues, and ticket purchase does not guarantee entry to these areas in such circumstances. Once it is determined by the Organiser or the Venue Operator (at their sole discretion) that the maximum capacity has been reached in these areas, there will be no further admissions.
Resale of tickets & scalping
36. Tickets may not be resold or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services without the Organiser’s prior written consent. If a ticket is sold or used in breach of this condition, the bearer of the ticket will be refused admission to the Event and Venue and the Organiser may take further legal action against any parties that have breached this condition.
Collection and delivery of tickets
41. You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising ticket scalping, the Organiser may change your delivery method to "venue collect" at its discretion.
42. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event.
Severance
43. Any provision of these Terms and Conditions which are or becomes unenforceable shall not invalidate the other provisions of these Terms and Conditions.
Interpretation
44. Unless the context otherwise requires a word which denotes:
a) the singular includes the plural and vice versa;
b) any gender includes the other genders; and
c) a person includes an individual, a body corporate and a government.
45. Unless the context otherwise requires a reference to:
a) any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replacement legislation;
b) any other agreement or instrument where amended or replaced means that agreement or instrument as amended or replaced;
c) a clause, schedule, annexure or exhibit is a reference to a clause of, annexure to, schedule to or exhibit to this agreement;
d) a group of persons includes any one or more of them;
e) any thing or amount is a reference to the whole and each part of it; and
f) "$" or “dollars” are the lawful currency of Australia.
