Ticketing Terms & Conditions
Tickets are sold or provided on the express condition that the holder (“Ticket Holder”/“you”) is bound by the rules and conditions issued by Kicks Entertainment Events Pty Ltd ABN 58 155 382 326 (the “Promoter”) in connection with the Mardi Gras Party Festival in Sydney (each an “Event”). Ticketholders agree to be bound by the terms and conditions contained herein and on the Event website at https://mardigras-party.com.au/ (the “Terms”).
Your entry to any venue at which the Events are conducted (the “Venues”) and attendance at an Event is subject to these Terms. Certain sections of these Terms may or may not apply to you depending on the nature of entry and/or participation in an Event, however different sections of these conditions may and can apply to you concurrently, or intermittently if the nature of your participation in an Event changes. Likewise, any provision of these Terms which are or become unenforceable shall not invalidate any other provisions of these Terms. These Terms apply to all persons who attend a Venue and/or an Event.
Kicks Entertainment Events Pty Ltd ABN 58 155 382 326 (the “Promoter”) is the promoter of the Events. The Official Ticketing Partners are Ticketmaster.
The Promoter and Official Ticketing Partners are collectively referred to as “the Sellers”. The Sellers may vary these Terms from time to time as set out below.
Nothing in these Terms affects your rights under the Australian Consumer Law or other applicable laws.
PURCHASE OF TICKETS
Tickets are only valid if purchased from the Official Ticketing Partner.
Tickets may only be purchased by persons aged 18 years or over. All prices quoted for tickets are in Australian dollars and include GST. The Official Ticketing Partner will provide a tax invoice in relation to each Ticket purchase. Prices for tickets offered for sale are subject to change (other than when you have a ticket in your cart for purchase). Any ticketing fees will be advised by the Official Ticketing Partner. You warrant that you have the authority to make payment for a ticket and that you own or hold or have the express permission of the owner/holder of the credit card or other payment facility used to purchase the ticket.
The Promoter reserves the right to enforce ticket purchase limits published from time to time at the point of sale or resale and to cancel any tickets obtained above such limits by any one customer.
REFUNDS
Tickets are non-refundable and non-exchangeable other than as set out in these Terms.
No refunds will be given on tickets except as required by law (including the Australian Consumer Law) and/or as required by the Live Performance Australia Ticketing Code of Practice. Choose carefully as refunds will generally not be available if you make an error when selecting your tickets, or where you change your mind.
If the Event is cancelled or rescheduled, we will use reasonable endeavours to notify you.
If the Event for which you have purchased a ticket is rescheduled, your ticket will be valid for the new date (or you will be offered a ticket of a value corresponding with your original ticket for the rescheduled event) subject to availability. If you notify us before the specified deadline (which will be a reasonable period from the time we communicate the change to you) that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the sale price of your ticket. Failure to notify us by any reasonable specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for ticket for the rescheduled event, and you will not be able to claim a refund as a result of the reschedule (unless required by applicable law). For the avoidance of doubt, no refunds will be available until the new date is announced (which will be done within a reasonable time) to allow us time to make arrangements for the rescheduled event.
Refunds of any booking fees per ticket or per order fees are subject to the terms and conditions of the Official Ticketing Partners.
Personal arrangements relating to the Event including, but not limited to, travel, subsistence and accommodation are at your own risk and the Promoter shall not be liable for any losses incurred from personal arrangements or wasted expenditure beyond the ticket refund, unless required by applicable law.
The Promoter is not liable for any loss, injury, damage or compensation (including, without limitation, any travel costs, accommodation costs or out of pocket expenses), as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by an act of God, extreme weather, act of war, act of terrorism, civil commotion, industrial dispute, communicable disease or for any event or threat outside of the control of the Promoter then any refunds shall be at the Promoter’s absolute discretion (unless otherwise required by law).
RESALE
The Promoter does not guarantee the authenticity of tickets purchased from unauthorised third party resellers or resale sites (including but not limited to Viagogo, Gumtree and Facebook).
Tickets may not be resold for an amount exceeding 110% of the original supply cost of the ticket (or such other amount as specified under applicable laws from time to time). A ticket may be cancelled if an attempt is made to resell the ticket in breach of the foregoing.
Tickets may be resold via the ticket resale facility offered via the Official Ticketing Partner should one be made available or, if applicable, recommended ticketing resale outlets for the Event as detailed at https://mardigras-party.com.au/ (the "Event Website"). The Promoter does not guarantee the authenticity of any ticket transacted via a ticket resale service not listed on the Event Website.
The functionality, timing of availability, any fees payable and applicable terms and conditions in relation to the use of any such facility will be as determined by the Promoter and the Official Ticketing Partner or official ticketing resale outlet from time to time. Ticket purchasers acknowledge and agree that the Promoter is not required to offer such a facility and may withdraw it any time.
Name changes can be facilitated through the Official Ticketing Partner listed on the Event Website.
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 unless this has been approved in writing by the Promoter.
If a ticket is sold or used in breach of these terms, the bearer of the ticket may be refused admission to the Venue and the Event and the Promoter reserves the right to take further legal action.
IMPORTANT INFORMATION ABOUT COMMUNICABLE DISEASE
To deal with the public health risk of communicable disease and its possible consequences, Federal, State and Territory Governments, or other bodies with relevant authority, may make orders and directives which may affect the operation of the Events. New Government orders and directives may be made, or existing orders or directives may be modified following the date on which you purchase your ticket. All such Government orders and directives (whether in existence now or in the future) form part of these Terms to the extent applicable.
The Events will be conducted in accordance with all applicable Government orders and directives. You may be contacted closer to an Event with further details of any obligations under such Public Health Orders that will apply to you. By purchasing a ticket, you agree to comply with applicable Government orders and directions in place at the time of the Event and any other terms and conditions relating to communicable disease as notified to you by us.
You acknowledge that we may be required to cancel an Event in compliance with such orders and directives and such cancellation will be beyond the control of the Promoter.
WAIVERS AND RELEASES
If you choose to attend an Event you do so at your own risk and, to the extent permitted by law, you:
(a) release and indemnify the Promoter, the Official Ticketing Partner, and the managers of each Venue (and their officers, employees, agents, contractors, volunteers and any other person or party involved in any way with the Events) (each a “Released Party”) from and against any loss, damage, injury, cost, expense, claim or liability of any nature incurred, suffered or sustained by you or any third party (each a “Loss”) arising out of or in relation to attendance at the Event or entry or travel to or from, or the use of, the Venues by you and any accompanying persons;
(b) waive all rights, claims and actions you may have against a Released Party in respect of any Loss; and
(c) assume all risk of any Loss associated with or incidental to attendance at an Event (which also includes assuming the risk of any Loss arising from the participation in any Event activities such as sponsor activations),
other than to the extent such Loss is incurred, suffered or sustained by reason of the negligent or intentional acts or omissions or default of a Released Party.
You acknowledge that the Promoter has an agreement with the relevant Venue manager (each a “Permit”), and that the Permit renders the Promoter, among other things, responsible for the safe operation and maintenance of the Venues, the conduct of people in the Venues and the Events that take place on the Venues. You acknowledge that breach by you of these Terms will likely have the effect of causing the Promoter to be in default under the Permit.
CONSENT TO MEDICAL TREATMENT
The Promoter will ensure that reasonable numbers of properly qualified medical and health professionals are in attendance at each Event.
You agree that in the event of your injury or illness, the Promoter may pass on to you the cost of any medical treatment and/or emergency evacuation as deemed necessary for your safety. You release the Promoter from liability in connection with the provision of such medical treatment and/or evacuation to the fullest extent possible at law.
THE EVENT
You acknowledge that:
(a) transport to and from the Venues may be operated by independent parties and that the Promoter is not responsible for, and accepts no liability for, any action or omission by such parties;
(b) a search of persons and possessions may be required at the time of entry to the Venues, and the Promoter has the right to conduct reasonable searches at any time while you are at the Venues;
(c) the Events may occur in any weather at the discretion of the Promoter;
(d) the Events are completely cashless. No cash will be accepted at any food vendor, bar or market stall. Mastercard and Visa credit or debit cards with swipe or chips will be accepted;
(e) in the case of an emergency evacuation or situation, you must follow all directives given by Promoter representatives or other authorised persons (such as police);
(f) you must report any incidents or inappropriate behaviour to Event staff;
(g) you consent to be included in any official photography, filming and sound recording (“Recordings”) by the Promoter and/or any of its authorised representatives and contractors, and grant the Promoter the right to use such Recordings for promotion and other purposes worldwide and in perpetuity;
(h) you consent to the Promoter collecting and retaining your personal information. The Promoter will hold your information as permitted by the Privacy Act 1988 (Cth) and will deal with your information (including as to how you can withdraw your consent) in accordance with the Promoter’s Privacy Policy which is available at https://mardigras-party.com.au/.
(i) alcohol must not be brought into the Venues including the car parks. Any alcohol brought into a Venue will be confiscated and will not be returned. The Promoter reserves the right to take any action it deems reasonably necessary in such circumstances;
(j) animals are prohibited at the Venues, with the exception of service or assistance animals (such as guide dogs);
(k) footwear must be worn at all times throughout each Venue;
(l) small still cameras are permitted but professional audio or video recording devices, including GoPros, and professional still cameras and tripods are prohibited. You are not permitted to record any part of an Event (audio or video) for commercial purposes;
(m) the use of earplugs is recommended. The Promoters will not be liable for any hearing damage or loss;
(n) lost property may be handed to local police. No responsibility is accepted by the Promoter for property lost at an Event;
(o) police will be present and may employ the use of drug detection dogs and roadside breath and drug testing;
(p) the Promoter reserves the right to vary the Event program and times, and/or withdraw or substitute artists. Unless required by applicable law (including the Australian Consumer Law), no ticket refunds or compensation will be made in such circumstances, or if the Events program varies due to the non-appearance of an advertised artist;
(q) if cloakroom facilities are provided, the Promoter takes no responsibility or liability for any cloaked items; and
(r) strobe lighting effects may be used as part of the Event’s production.
There may be queues upon entry to the Event and therefore you should arrive with plenty of time before the first act that you wish to see – no refunds will be given for acts missed.
You acknowledge that there may be restricted capacities at some of the Event’s stages or venues, and purchase of a ticket does not guarantee entry to every stage or venue at all times during an Event. Once it is determined by the Promoter (at its sole discretion) that the maximum capacity has been reached in these areas, there will be no further admissions.
To keep the Event clean and green, the Promoters encourage you to utilise the recycling and refuse facilities provided throughout the Venue.
Please arrive and depart in an orderly fashion and respect our neighbours, so we can return next year.
You are required to follow the reasonable directions of the Promoter and the Event staff at all times.
CONDITIONS OF ENTRY
All persons entering the Venue must have a valid ticket or Promoter-issued accreditation. Persons within a Venue without a valid Event ticket or Event accreditation may be removed from the Event at the Promoter's discretion.
Each ticket is only valid for the admission of one person.
To attend the Event, you MUST be 18 years of age or over and you may be asked to show valid photo identification (such as your driver’s licence or passport) at the entrance to the Event bearing the same name as printed on your ticket. Security has the right to ask you for additional verification of identity on request.
You may be asked to submit to reasonable searches by security upon entry and/or at the Event. If you refuse to submit to such a search, you may be refused entry or removed from the Event without a refund.
The Promoter may deny admission to the holder of any ticket that appears to have been tampered with, counterfeited or duplicated. Forging a ticket will result in immediate removal from the Event and may be subject to further action (such as reporting the matter to police) By the Promoter.
There are no pass-outs. This means that once you have entered a Venue for an Event, if you leave the Venue you will not be able to re-enter the Venue to attend the Event again.
The Promoter reserves the right to refuse entry if a Ticket Holder has been previously removed from one of its Events.
Your ticket will be scanned on entry. You must keep your ticket with you at all times while in attendance at an Event, and you must produce your ticket if requested by Event staff. If you are unable to produce a ticket when requested, you may be removed from the Event at the Promoter's discretion.
The Promoter reserves the right to refuse entry to any Ticket Holder in accordance with powers conferred on it or its liquor licensee under applicable law. Reasons for such refusal may include intoxication, or wearing motorcycle colours, patches or insignia.
You must not intentionally cause damage to, improperly use, or tamper with any Venue facilities or Event infrastructure, or intentionally cause any damage to flora and fauna on or surrounding the Venues or enter any onsite bodies of water at the Venues. You must not remove or attempt to remove any item or object from the Venues or surrounding area.
Ticket Holders will be removed from the Venue if, in the reasonable opinion of the Promoter, they behave or act in a threatening or inappropriate manner, including without limitation, any aggressive, riotous, abusive, offensive, racist, sexist or insulting actions towards Event staff or any other persons at the Venue or the Event. Any intimidating behaviour including posturing or “surrounding” other persons will NOT be tolerated and may result in removal from the Event.
Activities such as moshing, crowd surfing, climbing and stage diving are strictly prohibited. Ticket Holders engaging in these or other dangerous activities may be removed from the Venue and accept all risk and liability for any injuries or damages caused by their participation in these activities.
Carnival-style rides may be present at certain Venues. Such rides are operated by third parties and are used at Ticket Holders’ own risk.
PROHIBITED ITEMS
You must not bring any of the following items to the Event:
- Offensive weapons including but not limited to knives, bladed weapons, laser pointers and firearms.
- Alcohol and beverages (other than where purchased at the event).
- No smoking or vaping including e-cigarettes and vape devices.
- Bag sizes are limited to 20cm x 30cm (approximately A4 size).
- Weapons of any kind, including toy or imitation weapons.
- Illicit drugs.
- Any item which, as deemed by Venues NSW, can cause public nuisance or offence to any other patron in the premises, including but not limited to musical instruments, whistles, horns, jerseys, clothing and/or sirens.
- For safety reasons, strollers and prams are not permitted inside the venue and must be cloaked or stored in stroller cloaking areas. Eskies are not permitted.
- Fireworks, flares or any other explosive devices.
- Glass of any kind including bottles, metal water bottles or containers, aluminium cans or any other breakable containers.
- Aerosol cans.
- Any flags, banners, jerseys and/or clothing which contain text or images which Venues NSW considers to be offensive, discriminatory, political or intimidating in nature.
- Unidentifiable or unsealed medication. All medication must be inspected by qualified medical staff through the accessibility lane.
- Chairs, stools or any other furniture.
- Animals (except registered service or assistance animals, such as Guide Dogs).
- Gang-related insignia and masks, headwear or helmets, large spiked wrist or neck bands, spiked or studded belts that have the potential to cause injury.
- Noise making devices and musical instruments.
- Broadcasting or transmission equipment.
- Drones or operation of drones on Venues NSW land without prior written consent.
- Professional still cameras, video or audio recording devices. Smart phones and pocket-sized film/digital cameras allowed (Accredited media excepted)
- Smart Glasses: All patrons (including accredited media) are prohibited from wearing smart glasses or similar wearable recording devices in and around sensitive areas, including change rooms, toilets, back-of-house areas, prayer rooms, parents' rooms, and sensory rooms.
- Metal, PVC or conduit flag poles, any flag poles greater than 1.5m in length or 2cm in diameter, and flags or banners larger than 1m x 1m, excluding those with prior written approval.
- Doof sticks, totem poles, selfie sticks or umbrellas.
- Video cameras and equipment including tripods and sound equipment (Accredited media excepted).
- Skateboards and rollerblades, hover-boards, scooters, bicycles, and other personal motorised and non-motorised vehicles (excluding mobility aids).
- Any other items determined as dangerous or offensive by Security or Event Staff.
Any person found to be in possession of a prohibited item listed above may have the item confiscated and may be removed from the Event.
Ticket Holders who are affected by alcohol or drugs or who act in an aggressive or unsociable manner to any Event staff or other Ticket Holders or who are otherwise in breach of these Terms may be denied access or removed from the Event. If this occurs, the Ticket Holder will not be entitled to any ticket refund and/or compensation.
GENERAL
These Terms (as may be amended from time to time) constitute the entire agreement between the parties relating to their subject matter. These Terms may be amended from time to time, but the amendments will only apply to purchases made after any amendments are made. A copy of the latest Terms can be found at https://mardigras-party.com.au/.
The Promoter may assign this agreement and/or any of its rights under this agreement to any person in its sole discretion. You may not assign your rights or obligations under this agreement to any third party without the prior written consent of the Promoter, which consent will not be unreasonably withheld.
Any provision of these Terms which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of these Terms, and such unenforceability will not invalidate that provision in any other jurisdiction.
These Terms will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.