Terms & Conditions
The UNIFY Gathering music event (the Event) to be held on 20, 21, 22 & 23 January 2022 (Event Dates) at Tarwin Lower, Victoria (the Venue) is presented by Red Hill Entertainment Pty Ltd, ABN 88 600 371 766 (the Red Hill) of 51 Wangaratta Street, Richmond VIC 3121.
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 Red Hill 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).
Red Hill 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.
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 Red Hill’s directors, partners, employees, contractors, agents and any Venue staff.
1.1 Events tickets are only sold via Red Hill’s third-party ticketing partner, Ticketmaster. 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 Red Hill (being the Advertised Price)).
1.2 If you purchase a ticket on behalf of another person, you must use Ticketmaster’s ‘Ticket Forward’ function (Ticket Forward) to forward the ticket to the person that will be using that ticket for entry to the Event. For more information regarding Ticket Forward, see Ticketmaster’s website. If you fail to forward a ticket to any person, we cannot guarantee entry to the Event for that person.
1.3 Only ‘mobile tickets’ will be available for the Event. For more information regarding mobile tickets, see Ticketmaster’s website.
1.4 Red Hill may authorise resale of Event tickets via Ticketmaster 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.
1.5 Red Hill 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 Red Hill may not be sold, transferred or used by anyone other than the person to whom Red Hill issued the ticket.
2.1 Unless stated otherwise, valid Event tickets permit entry to the Venue on Friday 21 January 2022 until Sunday 23 January 2022.
2.2 Patrons may purchase an ‘Early Access’ add-on for Event tickets (Early Access Pass) which will permit entry on Thursday 20 January 2022 (unless stated otherwise). An Event ticket must be purchased with an Early Access Pass and Patrons must hold an Early Access Pass and an Event ticket for entry to the Event.
2.3 Valid photo identification under applicable laws will be required for the duration of the event. All ticket holders must be 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.
2.4 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.
Consent to Search and Prohibited Items
2.5 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, gas bottles, animals (excluding authorised guide/companion dogs), drones 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.
2.6 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.
2.7 Any patron possessing a quantity of alcohol that is for more than personal consumption (determined in Red Hill’s or Event Staff’s discretion) may prohibited from entering the Event and/or the alcohol may be confiscated.
2.8 Recording devices such as video cameras or audio recorders are not permitted at the Event without authority from Red Hill. 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).
2.9 Red Hill 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.
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 have not been in contact with a person who had COVID-19 at the time of contact or attended any venue or other place listed as an exposure site by any state or territory government, at the times and dates listed;
(d) you are not subject to any quarantine, isolation or other restrictions related to COVID-19;
(e) you have not been to or travelled through any national COVID-19 hotspots as declared by the Australian Federal Government, Department of Health;
(f) you have not returned from international travel in the last fourteen (14) days; and
(g) you are not experiencing any of the symptoms recognised as symptoms of COVID-19 (Potential COVID-19 Symptoms), including without limitation:
• chills or sweats
• sore throat
• shortness of breath
• runny nose
• loss or change in sense of smell or taste.
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 Red Hill may implement further lawful entry requirements, related to COVID-19 (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 Red Hill’s insurance provider requirements or requests or as reasonably determined by Red Hill 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 or are a commercial necessity for Red Hill and are otherwise lawful, you shall not be entitled to a refund. Red Hill will provide notice to you as soon as reasonably practicable regarding any such additional entry requirements. Red Hill 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.
3.4 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.
3.5 As a condition of entry to the event, you will be required to check-in using the Service Victoria QR Code app. You may also be required to check-in via the Service Victoria QR Code app at other points throughout the Venue and during the Event.
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 Unless a lawful exemption applies, you will be required to carry a face mask, at all times, whilst entering and exiting the Venue and during the Event. Unless a lawful exemption applies, you may be required to wear a face mask as directed by Red Hill and/or Event Staff.
3.9 You agree to follow all other rules or restrictions notified by Red Hill 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).
3.10 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 Red Hill 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 Red Hill’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 Red Hill 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, Red Hill 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.
4.4 There are no pass-outs for the Event unless; (i) you are staying in local accommodation, (ii) you register this accommodation with Red Hill and (iii) pick-up a pass-out wristband at the Event (Local Pass-out). Red Hill will provide more information regarding Local Pass-outs prior to the Event.
4.5 You are permitted to bring alcohol into the ‘campsite’ area of the Venue only and you are only permitted to bring a quantity of alcohol that could be reasonably used for personal consumption for the duration of the Event. The ‘arena’ area of the Venue is fully licensed, and you are not permitted to bring your own alcohol into this area. If you attempt to bring alcohol into the arena or are found with alcohol in that area, the alcohol will be confiscated, and you may be evicted from the Event.
4.6 Red Hill reserves the right to confiscate any alcohol 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 Red Hill 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, Red Hill 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 (including any Early Access Pass) are non-refundable. A change in personal circumstances or an incorrect purchase DO NOT qualify for a refund or exchange. Red Hill may consider such a refund at its own discretion.
6.2 Red Hill 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). You acknowledge and agree that you have not relied on any representations or warranties made by Red Hill regarding the foregoing in connection with the purchase of any Event ticket. To the extent permitted by law and except where otherwise set out in these Terms and Conditions, you will not be entitled to a refund or other compensation in the event of such changes.
6.3 Unless specified otherwise by Red Hill, any refunds will be facilitated by Ticketmaster and only the original purchaser of a ticket will be entitled to any available refund (this includes any resold or forwarded ticket). Any requests for refunds must be made by the original purchaser and, to the extent permitted by law, Red Hill is not obliged to offer refunds to any holder of a ticket transferred via the Ticket Forward.
COVID-19 – Cancellations and Postponements
6.4 If the Event is cancelled or postponed because of a federal or state government law, regulations, health orders or other restrictions or action related to COVID-19 (COVID-19 Intervening Event), you acknowledge and agree that, unless required by law, you will not be entitled to a refund or any other remedy except as set out in these Terms and Conditions or as determined by Red Hill in its sole discretion.
6.5 If a COVID-19 Intervening Event occurs, Red Hill may postpone the event to be held between 10th and 13th March 2022 (Postponed Event Dates), if such occurs, your Event ticket will automatically be valid for the Postponed Event Dates, and you will not be entitled to a refund. You acknowledge and agree that in purchasing the Event ticket you are informed that the foregoing terms apply, that the Event may instead be held on the Postponed Event Dates and that you will not be entitled to a refund even where you are unable to attend the Postponed Event Dates.
6.6 If the Event is cancelled because of a COVID-19 Intervening Event and does not proceed on an alternative date, you will be refunded 100% of the Advertised Price plus 100% of any Transactions Charges (as those terms are defined under clause 1.1).
COVID-19 – Refunds for Patrons unable to attend
6.7 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), then you may request a refund for the Event ticket (minus any booking, processing and payment fees) subject to the following conditions:
(i) On or before 30 December 2021 (unless the event is postponed to the Postponed Event Dates, in which case, on or before 17 February 2022), you must request a refund via Ticketmaster’s ‘My Account’;
(ii) If the refund request relates to location specific restrictions, the address given at the time of purchase of the relevant Event tickets relates to a location that is subject to COVID-19 restrictions which satisfy the Individual Refund Criteria;
(iii) If requested by Red Hill and/or Ticketmaster, you provide valid photo identification that matches the name attached to the relevant Event ticket and/or valid written documents evidencing the Individual Refund Criteria that applies to the relevant Event tickets (this would include, for example in the case of location specific restrictions, valid photo identification which matches your Event ticket and shows your usual place of residence that is subject to those location specific restrictions); and
(iv) Red Hill will not be liable for any further costs or liabilities incurred by you in relation to the Event, including but not limited to any accommodation or other travel costs.
6.8 You acknowledge and agree that Red Hill is not obliged to provide refunds in respect of any requests that are made after the applicable deadline set out under clause 6.7 above (even where the relevant Individual Refund Criteria occurs or becomes known after the relevant deadline has passed) and that any such ‘past deadline’ requests shall be considered by Red Hill in its sole direction.
6.9 Where requests for a refund under clause 6.7 relate to more than one ticket, you may be requested to show that the Individual Refund Criteria applies to each ticket that you are requesting a refund for.
6.10 For the avoidance of doubt, unless clause 6.7 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).
6.11 Requests for refunds under clause 6.7 are irrevocable even where your circumstances change, and you acknowledge that Red Hill will be entitled to resell your Event ticket.
6.12 Except as otherwise set out in these Terms and Conditions or as required by law, Red Hill may at its own discretion refund Patrons if the Event is cancelled, postponed or altered due to calamitous weather, an act of war or terrorism, or any other event outside the control of Red Hill.
6.13 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.
Patrons indemnify Red Hill and Event Staff against any loss, damages or expenses, including but not limited to reasonable fees and legal costs, which Red Hill 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.
8.1 The Event is provided ‘as is’ and to the extent permitted by law, Red Hill 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 Red Hill may need to make significant changes to the Event 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. Red Hill 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 Red Hill 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, Red Hill 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. Red Hill 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, Red Hill’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, Red Hill 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.
8.5 Personal property is taken onto the Event site at the Patron’s own risk. Red Hill 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 Red Hill, 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.
9.1 In the event of injury or medical treatment requiring more than basic First Aid, Red Hill 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 Red Hill 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 Red Hill, 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 Red Hill or waive such rights (as applicable). Red Hill 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).
10.1 Red Hill may freely assign its rights and/or novate its obligations under the Terms and Conditions. Where the novatee assumes the obligations of Red Hill, Red Hill 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.