UPDATED JANUARY 2018
1. THIS IS AN IMPORTANT DOCUMENT THAT LIMITS YOUR RIGHTS. PLEASE PAY CLOSE ATTENTION TO CAPITALISED TEXT.
2. The conditions set out below (“Conditions”) govern your relationship with Whisky Live (Pty) Ltd. (“WL”), the organiser of the Whisky Live Festival (“the Festival”) and Whisky Live Celebrations (“the Celebration”), in relation to your attendance at, and all genuine tickets issued in relation to, the Festival or the Celebration. By purchasing or using or attempting to use any genuine tickets issued in relation to the Festival or the Celebration (“Ticket/s”), or by attending the Festival or the Celebration, you irrevocably agree to be bound by these Conditions.
3. In addition to these Conditions, you agree to adhere to the rules and regulations of any venue hosting the Festival or the Celebration (“Venue”), which are available on request from any Venue and which are incorporated into these Conditions. These Conditions are supplementary to and incorporate any terms and conditions provided by our ticketing agents such as TicketPro. In the event of there being any conflict or ambiguity between these Conditions and any rules and regulations of any Venue or our ticketing agents, these Conditions will prevail.
4. You may not use, sell, offer for sale, transfer or dispose of any Ticket except where the sale, transfer or disposal is for a value less than or equal to the original price of the Ticket; and the ticket is not offered for sale, transfer or disposal publically(including online) and the use, sale, transfer or disposal is not in the course of any business or the facilitation of or promotion of any business or any commercial or other enterprise; and any purchaser or transferee is given notice of these Conditions and the sale, transfer or disposal is made subject to these Conditions.
5. You may not behave violently, harmfully, disruptively or in any manner contrary to law, public order and/or safety at the Festival or the Celebration. You may not take any weapon, alcohol(other than Festival- or Celebration-supplied alcohol), illegal substance, or any item that WL or its agents or assigns may in their sole discretion deem dangerous or potentially dangerous to other persons attending the Festival or Celebration, into any Venue. You may not engage in any form of ambush marketing or any marketing, promotional, advertising or commercial activity whatsoever whilst in any Venue without the prior written authorisation of WL. Any unauthorised marketing, promotional, advertising or commercial items, including items offered for sale, may be confiscated and destroyed at the sole direction of WL, its agents or assigns. You consent to WL, its agents or assigns or any Venue staff conducting a search of your person or possessions for the purpose of detecting non-compliance with these Conditions.
6. A Ticket shall only permit you to participate in the Festival or the Celebration to the extent indicated on the Ticket and access to areas or participation in events or activities not permitted by a Ticket is forbidden.
7. Your Near Field Communication Voucher Card remains the property of TicketPro and you are required to hand it back when leaving the venue. Should you wish to return to the venue, you may request it back; however, you may not leave the venue with it, nor does your ticket entitle you to claim ownership of it.
8. ALCOHOLIC DRINKS WILL BE ON OFFER FOR CONSUMPTION AT THE FESTIVAL AND THE CELEBRATIONS. THE CONSUMPTION OFALCOHOL CAN BE DETRIMENTAL TO YOUR HEALTH AND CAN RESULT IN SERIOUS ILLNESS, INJURY OR DEATH AND YOU ARE ADVISED TO FAMILIARISE YOURSELF WITH THE ASSOCIATED RISKS PRIOR TO DOING SO. YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
9. TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW, YOU ACKNOWLEDGE THAT YOUR ATTENDANCE AT THE FESTIVAL OR THE CELEBRATION AND ANY VENUE IS ENTIRELY AT YOUR OWN RISK AND THAT NEITHER WL NOR ITS AGENTS OR ASSIGNS WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, HARM OR DEATH (WHETHER IN RELATION TO YOUR PERSON OR PROPERTY) ARISING FROM AND/OR OCCURING DURING YOUR ATTENDANCE AT THE FESTIVAL OR CELEBRATION OR ANY VENUE.
10. TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW, YOU HEREBY INDEMNIFY AND HOLD WL AND ITS AGENTS AND ASSIGNS HARMLESS AGAINST ALL LOSS, DAMAGE AND LIABILITY ARISING FROM ANY BREACH OF THESE CONDITIONS OR ANY VENUE RULES AND REGULATIONS AND/OR YOUR CONDUCT AND ATTENDANCE AT THE FESTIVAL OR CELEBRATION.
11. The information you provide to WL or its ticketing agents upon purchasing or obtaining your Ticket is collected and stored by WL and its agents or assigns for the purpose of identifying you as the Ticket holder and for access control, security, administration and enforcement purposes. YOU CONSENT TO WL COLLECTING, PROCESSING, USING AND STORING THIS INFORMATION, AND TO THE TRANSFER OF THIS INFORMATION TO THIRD PARTY SERVICE PROVIDERS, FOR THE AFOREMENTIONED PURPOSES. YOU ALSO CONSENT TO WL SENDING YOU MARKETING, ADVERTISING AND PROMOTIONAL MATERIAL VIA EMAIL, ONLY RELATING TO THE FESTIVAL, CELEBRATION AND ANY OF ITS ASSOCIATED ENTITIES, FOR EXAMPLE THE WHISKY COLLECTIVE AND OR WHIZZKY APPLICATION, AND FUTURE FESTIVALS, CELEBRATIONS AND THE OFFERINGS OF OUR PARTNERS AND SPONSORS FOR THE FESTIVAL, CELEBRATIONS AND ASSOCIATED ENTITIES, SUBJECT TO YOUR RIGHT TO OPT OUT OF SUCH COMMUNICATION USING THE METHOD PROVIDED IN ANY SUCH COMMUNICATION.
12. YOU ACKNOWLEDGE THAT, WHILST AT THE FESTIVAL OR CELEBRATION, YOU ARE LIKELY TO BE RECORDED BY A NUMBER OF MEDIA (INCLUDING PHOTOGRAPHS, VIDEO AND AUDIO) AND YOU IRREVOCABLY CONSENT, ON A ROYALTY FREE, TRANSFERABLE BASIS, TO WL, ITS AGENTS, ASSIGNS OR MEDIA PARTNERS,USING YOUR IMAGE, VOICE, AND/OR LIKENESS SO RECORDED IN ANY MARKETING,PROMOTIONAL OR ADVERTISING MATERIAL WHATSOEVER, WORLDWIDE, AND YOU AGREE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO ALL SUCH RECORDINGS SHALL BE OWNED BY THE RECORDING PARTY OR ITS ASSIGNS.
13. YOU CONSENT TO WHISKY LIVE (PTY)LTD., SITUATED AT PINMILL FARM, 164 KATHERINE STREET, SANDTON, COLLECTING AND PROCESSING THE PERSONAL INFORMATION YOU PROVIDE TO US, INCLUDING DETAILS AS TO RACE AND ETHNIC ORIGIN. YOU MAY WITHDRAW YOUR CONSENT AT ANY TIME. THE PURPOSE FOR WHICH WL WILL USE YOUR INFORMATION IS TO PROVIDE EXHIBITORS AND OTHER INTERESTED PARTIES WITH FEEDBACK AS TO THE TYPE OF PERSON VISITING WL EVENTS, AND SAMPLING AND PURCHASING PATTERNS AND TRENDS. THE INFORMATION WILL ALSO ENABLE US AND OUR EXHIBITORS TO PROVIDE YOU WITH MARKETING MATERIAL WHICH IS RELEVANT TO YOU. SAVE AS MENTIONED, WE WILL NOT SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTIES.
14. The Festival and Celebrations consist to a large extent of third parties exhibiting their wares. Furthermore, whilst WL will endeavour to provide you with an enjoyable Festival or Celebration experience, problems may arise, mistakes may be made and timings may be off. All warranties as to the quality of Festival or Celebrations are therefore disclaimed by WL, to the maximum extent permissible at law.
15. WL cannot guarantee that the Festival or Celebration will take place at the date, time and Venue indicated on the Ticket, or at all, and reserves the right to make alterations to the time, date and Venue in the event of unforeseen or other circumstances. In the event of such alteration or if the Festival or Celebration does not take place at the date, time or Venue indicated on the Ticket, or at all, WL’s liability, to the maximum extent permissible at law, shall be limited to the original price paid for the Ticket by the original Ticket holder, which shall only be payable to the original Ticket holder and only at WL’s sole discretion.
16. Without limitation to any of WL’s rights in terms of these Conditions or otherwise at law, any breach of these Conditions or any Venue rules and regulations or any terms and conditions of our ticketing agents or any applicable law shall entitle WL and its agents or assigns to cancel the relevant Ticket and to refuse you admission to or evict you from any Venue without any obligation to refund the price paid for your Ticket or to pay you any compensation whatsoever.
17. Each provision of these Conditions is severable from the other provisions.
18. Competition Terms
SHOULD YOU ENTER A COMPETITION, ANY MEDIA SUBMITTED (INCLUDING PHOTOGRAPHS, VIDEO AND AUDIO) BECOMES THE PROPERTY OF WHISKY LIVE AND YOU IRREVOCABLY CONSENT, ON A ROYALTY FREE, TRANSFERABLE BASIS, TO WL, ITS AGENTS, ASSIGNS OR MEDIA PARTNERS,USING YOUR IMAGE, VOICE, AND/OR LIKENESS SO RECORDED IN ANY MARKETING,PROMOTIONAL OR ADVERTISING MATERIAL WHATSOEVER, WORLDWIDE, AND YOU AGREE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO ALL SUCH RECORDINGS SHALL BE OWNED BY THE RECORDING PARTY OR ITS ASSIGNS.
The best Media submitted will be chosen by a panel of judges. The judges’ decisions are final and no correspondence or discussion will be entered into regarding the judging process or any outcomes reached.
Prizes are awarded post event and will delivered within 15 working days.
18. These Conditions should be interpreted and qualified to the extent necessary to ensure compliance with the Consumer Protection Act 68 of 2008, as amended.