TICKET PURCHASE AND FESTIVAL TERMS AND CONDITIONS
Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the BottleRock Music Festival (the “Festival”) constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by you as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Latitude 38 Entertainment, LLC may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you (collectively “Revise or Revision(s)”) and which Revisions shall, at the sole and absolute option of Latitude 38, relate back to the date of purchase. Latitude 38 Entertainment, LLC shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on Latitude 38’s website located at bottlerocknapavalley.com (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
Your Ticket shall at all times be deemed a revocable license issued by Latitude 38 Entertainment, LLC, as the licensor hereunder or its respective designee(s) (“Latitude 38,” and sometimes also referred to as, “we,” “our” or “us”) for the sole purpose of accessing the venue which the Festival is scheduled to occur (the “Venue”) and for attending the Festival (the “License”). The License may, at the sole and absolute option of Latitude 38, be revoked at any time by Latitude 38 with or without additional notification to You, which includes denying You access to the Venue upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by Latitude 38.
LOST, STOLEN OR DESTROYED TICKETS.
Latitude 38, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets.
Tickets purchased by You are intended for personal use only. If You obtain Your Ticket(s) from any unauthorized source(s), You fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by Latitude 38 with or without advanced notification to You. You agree that the resale, or the attempted resale by You of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Site, Latitude 38 shall have the right to cancel all or part of the applicable ticket order or may, at Latitude 38’s sole option, elect to put all or part of Your order and all or part of other pending orders in Your name at Will Call. If Latitude 38 cancels Your tickets, a refund for the face value of the tickets, minus a $25 per ticket processing fee, will be issued to the purchaser of record and no other service, processing, or shipping fees shall be refunded. Latitude 38 reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Latitude 38 also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder.
NOT REDEEMABLE FOR CASH.
Your Ticket is not redeemable for cash.
CHANGES TO LINE-UP, DATE OR VENUE
Latitude 38, shall at any time prior to the Festival, have the right to change the Venue, Artist Lineup, Festival Times, Festival Dates or any or all other components of the Festival, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets.
FESTIVAL CANCELLATION BY LATITUDE 38
Upon the occurrence of an Festival cancellation by Latitude 38, Latitude 38 shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the Festival of a partial cancellation) or (b) reschedule the Festival for a future date within the 12-month period immediately following the Festival cancellation by the Latitude 38. In cases of the rescheduling the cancelled Festival for a future date, You shall not be entitled to refund. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with ANY OF the terms and conditions AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase Tickets.
REFUNDS DUE TO CANCELLATION BY LATITUDE 38
In the Festival of Latitude 38’s election to issue refunds under subparagraph (a) of this Paragraph 7 hereunder the following shall apply: Latitude 38 shall issue refunds, on a pro-rata or “per day” basis for multi-day Festivals, as applicable. For purposes of determining any pro-rata refunds due, Latitude 38 shall only be required to issue refunds in “whole days” and once Venue gates open, the Festival on that particular date shall be deemed to have been delivered in its entirely and not subject to refund. You shall only be entitled to refunds for those days for which You purchased Tickets and for which Venue access was never granted during the course of an entire day. Delayed gate openings shall not be subject to refunds. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets.
FORCE MAJEURE EVENTS
Upon the occurrence of an Festival Cancellation due to reasons other than by as specified in Paragraph 7 above (“Festival Cancellation By Latitude 38”), including but not limited to, events outside Latitude 38’s control, acts of God, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), Latitude 38 shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified or contemplated in Paragraph 8 above) or shall at its option, (b) elect to postpone the Festival or (c) cancel the Festival without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Festival. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If Latitude 38 elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If Latitude 38 elects to reschedule the Festival for a future date, You may not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees.
POSTPONEMENT OF FESTIVAL
Unless otherwise specified herein, at all times prior to the Festival, Latitude 38 reserves all rights to cancel or postpone the Festival or to change the Venue, the artist lineup, time, the date of the Festival or other Festival-related components without any obligation by Latitude 38 to give You additional or prior notice or compensation.
NOTIFICATION OF FESTIVAL CANCELLATION OR POSTPONEMENT
If an Festival is cancelled or postponed, whether in whole or in part, or if the Venue is closed, Latitude 38 shall post a notification on the Site relating to such cancellation or postponement.
ALL SALES FINAL. ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
This Festival is a “Rain or Shine” Festival. This Festival is “Standing Room Only.” Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets.
“WILL CALL” TICKETING AND ACCEPTANCE
Will Call Tickets are Virtual Tickets. You accept delivery of Your Will Call Ticket immediately upon Your purchase of the Will Call Ticket.
TICKET CONFIRMATIONS; PROOF OF DELIVERY
Your Ticket order confirmation shall serve as conclusive and indisputable proof of Delivery of Your Ticket. You agree to notify Latitude 38 prior to the start time of the Festival if you have not received Your Ticket.
ASSUMPTION OF RISKS
You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Festival, including any risks that occur prior, during or after the Festival or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including Artists, Festival attendees, the Venue owners or operators and its staff, employees and agents; or the Festival organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
Lost or Stolen Property
Festival organizers and their respective Indemnitees (defined in paragraph 18 below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Festival, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
You assume all risks of personal injuries relating to Your attendance of the Festival including, but not limited to hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during the Festival and whether such injuries occur subsequent to the Festival.
LOUD MUSIC AND SPECIAL EFFECTS WARNING.
All or designated areas of the Venue during the Festival may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending the Festival, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Latitude 38, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Latitude 38, the Napa Valley Expo, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the maximum extent permitted by applicable law.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Latitude 38, Latitude 38 shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. Latitude 38 shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Latitude 38 shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Latitude 38, Latitude 38 shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS
Latitude 38 and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Festival. You knowingly, intelligently and voluntarily consent to be searched by Latitude 38 for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Festival or Venue and agree that the discovery of any prohibited items shall constitute a violation of Latitude 38’s anti-drug policies and shall correspondingly give Latitude 38 the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Latitude 38, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of weapons or anything in violation of these terms and conditions.
PROHIBITED ITEMS AND ACTIVITES.
The following items and activities are strictly prohibited at the Festival: the use of cameras, video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of Latitude 38. Latitude 38 Entertainment reserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities.
Latitude 38 shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
You agree that the terms and conditions contained herein, and as amended from time to time by Latitude 38, represent the entire agreement between You and the Latitude 38 with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
ARBITRATION OF DISPUTES.
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and Latitude 38 or You and any company or person employed by or which is affiliated with either Latitude 38, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes, to be held in San Francisco, California. Any proceeding to enforce this arbitration agreement must be brought in the state or federal courts located in the City and County of San Francisco, California, to the exclusion of all other forums. This Agreement shall be governed and construed in accordance with the laws of the State of California, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise.
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth in Paragraph 11, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that Latitude 38 shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
FOREIGN CURRENCY REFUNDS
Latitude 38 shall not be responsible for any exchange rate losses incurred during the order or refund process. Latitude 38 shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 13 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of Latitude 38.
This Agreement was last revised on February 27, 2014.