FESTIVAL OF CAKE TERMS AND CONDITIONS
The terms and conditions set out below (“Terms and Conditions”) constitute a binding contract between Australian Cake Decorating Network (ACN 91 164 927 584) trading as Festival of Cake (Event Organiser) and the person holding or using a ticket to the event organised by Festival of Cake (“Event”) at the designated location on the ticket (“Venue”) irrespective of whether the ticket was purchased by the person holding or using the ticket and applies to any subsequent holders or recipients of the ticket (“you” or “your”).
1. Terms and Conditions are binding
Tickets to the Event (“Event Tickets”) are sold or given and admission to the Event is granted on the express condition that you agree to bound by these Terms and Conditions, the Privacy Policy available on www.acdn.me (“Privacy Policy”) and any other rules and regulations issued by the Event Organiser available on www.acdn.me displayed at the Event, communicated by the Event Organiser from time to time in any other format in connection with the Event, the terms and conditions of any ticket merchant through which tickets to the Event are sold or distributed and any terms and conditions imposed by the Venue (“Event Terms”).
2. Compliance with Laws and Directions
2.1. You must follow all reasonable directions of the Event Organiser and any of its directors, officers, employees, personnel, agents, contractors and sub-contractors, as well as any Venue staff (“Event Staff”), including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event Site, and comply with all applicable laws (including regulations) at all times before, during, and directly after the Event (including but not limited to liquor licensing, smoking laws and regulations and complying with total fire ban requirements).
2.2. The Event Organiser may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of the Event Organiser in connection with the Event.
2.3. In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Event Organiser, security staff and emergency services personnel.
2.4. Whilst awaiting entry to the Event, attending the Event and exiting the Event, you agree to comply with any physical distancing orders or other health orders in force at the time of the Event for the purposes of preventing the spread of COVID-19 and any reasonable directions or instructions given by the Event Organiser in relation to the same.
3. Refusal of entry or eviction from Event
3.1. The Event Organiser 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; appears to be unwell or is showing symptoms (including mild presentations) of a contagious disease; engages in any illegal activity or behaviour or any activity or behaviour deemed in the Event Organiser’s absolute discretion to be unsafe, disorderly or antisocial, including, but not limited to being intoxicated or affected by alcohol or drugs; entering non-public or designated no access areas of the Event Site or areas of the Event Site to which your Event Ticket does not permit access; structures at the Event Site; causing damage to property or goods at the Event Site; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner or for any other reason in the Event Organiser’s absolute discretion.
4. COVID-19 Entry Conditions
4.1. You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (COVID-19). The Australian 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. 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.
4.2. Additionally, by attending the Event and entering the Event Site, you warrant that:
4.2.1. You will abide by the Event Organiser’s COVID-19 plans, policies, and procedures, and comply with all laws, regulations, and orders in relation to COVID-19 that are in force during the performance of your attendance at the Event.
4.2.2. You do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you currently have COVID-19;
4.2.3. You are not a “close contact” as that term is defined by relevant health authorities, or are otherwise required to undertake any mandatory isolation or quarantine programme in connection with COVID-19 at the time of the Event;
4.2.4. You are not experiencing any of the following symptoms (Potential COVID-19 Symptoms):
1. a cough
2. fever
3. shortness of breath
4. sore throat
5. sneezing and runny nose
6. muscle or joint pains
7. nausea, diarrhoea, or vomiting
8. temporary loss of smell or taste, altered sense of taste
9. loss of appetite and fatigue
10. any other symptoms associated or linked with COVID-19.
If you cannot make the warranties above, you must not attend the Event.
5. Event Tickets
5.1. The Event Organiser uses third parties intermediaries to sell Event Tickets. No other third party is authorised to sell Event Tickets other than the official event ticketing partner as advertised on the Event website. Ticket sales may be subject to the terms and conditions of these third parties (including as to payment methods and charges), and you are solely responsible for paying any and all booking fees and charges in connection with the sale, including but not limited to transaction and processing fees, such as credit card fees (which for the avoidance of doubt are additional to the advertised ticket price).
5.2. You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.
5.3. Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event Site, Event Staff will check to ensure the name on your Valid 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 Valid 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 Event Organiser’s ticket resale merchant at TryBooking, subject to payment by you of any applicable fees charged by the ticketing merchant.
5.4. Any complimentary Event Tickets provided by the Event Organiser may not, without the prior written consent of the Event Organiser, 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.
5.5. 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.
6. Ticket Restrictions
6.1. Event Tickets may not, without the prior written consent of Event Organiser, 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 may be cancelled without a refund and the holder of the Event Ticket may be refused admission or evicted from the Event.
6.2. The Event Organiser reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person and may cancel any Event Tickets obtained above such limit by any one person.
7. Smoking Policy
The Event is smoke-free. Any person who wishes to smoke or vape must leave the premisse to do so. It is only then that they are allowed back into the Event. Any person found smoking or vaping at the Event be evicted from the Event.
8. Photographing and/or recording of the Event
Personal digital cameras are permitted at the Event. Professional photography equipment is not permitted, unless approved by the Event Organiser. Event attendees are encouraged to share photos of the Event on their social media. The Event Organiser shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment.
9. Recording and Photographing of the Event by Event Organiser
You consent to be 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 Event Organiser (“Materials”). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to the Event Organiser any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for the Event Organiser to hold and exploit in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of the Event Organiser or third parties), free from any claims whatsoever from you. You waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to the Event Organiser, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.
10. Alcohol
10.1. The Event is fully licensed. You must not bring alcohol into the Event Site. Only alcohol purchased from bars at the Event may be consumed at the Event Site. You must be aged 18 years or over to purchase and/or consume alcohol on the Event Site and you must provide Valid Photo ID in order to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Event Site and the Event Organiser may report your conduct to the police.
10.2. We reserve the right to check your identification at the time of purchasing a VIP Ticket on the day or when you book such ticket.
10.3. A minor may be on licensed premises if they are in the company of a responsible adult. A responsible adult is defined as a person who is 18 years or older and is:
• the minor’s parent, step-parent, guardian, grandparent, or
• the minor’s spouse who is over the age of 18 years, or
• a person who is acting in place of a parent and who could reasonably be expected to exercise responsible supervision of the minor.
11. Drugs and illegal substances
If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Event Organiser or Event Staff, you shall be evicted from the Event Site and the Event Organiser may notify the police.
12. Clothing, footwear and ear plugs
Appropriate clothing and footwear must be worn at all times at the Event Site. Any person wearing high heels, studded clothing, or other clothing items which pose a safety threat or may otherwise cause offense, in the Event Organisers’ sole discretion, may be refused entry or evicted from the Event.
13. Movement around the Event Site
13.1. You must take reasonable care when moving around, or traversing, the Event Site. You must move (whether on foot or in a vehicle) in an orderly fashion, in accordance with the directions of the Event Organiser 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 Event Site or the surrounding areas (including entering and exiting the Event Site). Where maps of the Event Site are made available by the Event Organiser, you should familiarise yourself with the layout of the Event Site, including the location of any emergency exits, to assist with moving around the Event Site safely in the event of an emergency.
13.2. The Event Organiser will endeavour to make the Event Site 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 Event Site 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. So that the Event Organiser can do its best to meet your needs, please contact them directly at [email protected] for more information prior to the Event if you have specific accessibility requirements.
14. Injury or illness
14.1. In the event of injury or illness the Event Organiser or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of the Event Organiser or Event Staff) for your health or safety or for the health and safety of other persons at the Event.
14.2. If at any time during the Event, you experience any Potential COVID-19 Symptoms, you will immediately report to Event Staff and follow any reasonable directions given by Event Staff or other health professional. You acknowledge and agree that you may be evicted from the Event.
15. Environment and facilities
Please be respectful of the environment and place any litter in the recycle or other bins provided around the Event Site. When you need to use the toilet, you must only use the public toilet facilities provided at the Event Site. You must not damage, improperly use or tamper with any public facility or infrastructure at the Event Site, or intentionally or recklessly cause any damage or interference to plants or animals at the Event Site or in the area surrounding the Event Site.
16. Your belongings
You enter the Event Site at your own risk and shall be responsible for the safety and security of all your belongings brought into the Event Site. We will offer the service of a cloakroom, however, the Event Organiser accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event.
17. Alterations to the Event
17.1. To the extent permitted by law and subject to these Event Terms, the Event Organiser reserves the right to change, add, withdraw or substitute the catering, talent and vendors for the Event, vary the advertised program, the date, the entry and exit times, the amenities, the facilities, the entertainment, the Event Site at its discretion without prior notification. You acknowledge that the Event Organiser does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties by the Event Organiser regarding the above in connection with your purchase of an Event Ticket. The Event is provided ‘as is’ and to the extent permittable by law, the Event Organiser makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event.
17.2. Without limiting the foregoing, you agree and acknowledge that the Event Organiser 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 or dancing arrangements, format of the event (including location and visibility of the stages or screens), and the 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.
17.3. You acknowledge that in the event of wet weather, the Event Organiser reserves the right to cancel any outdoor activities or features. Any alternation to offerings of outdoor entertainment will not entitle you to a refund of your ticket.
17.4. If the Event Organiser 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 Grampians Grape Escape event but those ticket holders will be entitled to request a refund in line with further information provided by the Event Organiser at such time.
18. Refund and Cancellation Policy
18.1. The Event Organiser may deny admission to the Event Site in accordance with the Event Terms or otherwise in its absolute discretion.
18.2. Except where required by law, there will be no refund of any Event Tickets or for any unused portion of an Event Ticket. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or evicted from the Event Site in accordance with the Event Terms.
18.3. If the Event cannot take place (in whole or in part) as a result of any act of God; extreme weather; bushfires; war; council or governmental rulings or decisions; actions or decisions of the police or other authorities; cancellation by the Venue owner, lessee or controller; or for any reason outside of the Event Organiser’s reasonable control (“Force Majeure Event”), then the Event Organiser 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 Event Organiser 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 (b) below.
(b) Cancel the Event. If the Event is cancelled by the Event Organiser due to a Force Majeure Event, then the Event Organiser may grant a refund in their sole and absolute discretion unless otherwise required by law. Any refunds will be less a reasonable administrative service fee.
27.4. 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, 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.
19. Release
To the full extent permitted by law, you waive all legal rights of action against and fully release the Event Organiser; Event Staff; the owners, lessees and controllers of the Event Site and 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 howsoever arising out of or in connection with (whether directly or indirectly) (A) the performance or non-performance by Event Organiser of any part or whole of these Event Terms (including any liability under contract or tort) or (B) your purchase of an Event Ticket and/or attendance at the Event; including but not limited to (i) damage to your or any other person’s computer or device resulting from purchase of an Event Ticket (ii) any theft, loss or damage to your property (including motor vehicles) at the Event (iii) any variation to the Event as stated in these Event Terms; (iv) your choice to consume any alcoholic beverages or participate in any activities at the Event; (v) any other loss or damage caused by the your negligence or the unforeseeable actions of other patrons; (vi) contracting COVID-19 as a result of your attendance at the Event.
20. Indemnity
By purchasing an Event Ticket, you agree to 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.
21. Event Organiser’s Liability
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 Event Site, participating in the Event or otherwise in connection with the Event whether caused by the negligence of Event Organiser or 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 (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”), the Event Organiser limits its liability in respect of 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.
22. Voluntary Assumption of Risk
Entry to the Event Site is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury (including but limited to any injury or illness, or loss related to or caused by COVID-19)and damage to you and your property. By attending the Event and entering the Event Site, 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.
23. Your Personal Information
Your personal information will be collected and handled in accordance with the Privacy Policy.
24. Variations to Event Terms
These Terms and Conditions and/or any of the Event Terms may varied at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.
25. Novation or Assignment
The Event Organiser may novate or assign its rights and/or obligations under these Terms and Conditions. Where the assignee or novatee assumes the rights and/or obligations of the Event Organiser under these Terms and Conditions, the Event Organiser shall be released from all such rights or obligations.
26. Severability
If any provision or part of a provision of these Terms and Conditions is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
27. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.
