Terms of use

PRIVACY STATEMENT

Your entry, use or access to thefestivalist.com constitutes your agreement with our privacy policy outlined below. Thefestivalist.com reserves the right to change the policy at any time in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new policy.

1. How is personal information collected?

In order to provide a quality service, thefestivalist.com (us/we) offers customers the ability to subscribe to our newsletter, sign up as a community member and enter competitions online through http://www.thefestivalist.com In order to provide these services, thefestivalist.com collects personal information about customers. Collection of this information will occur at the time you enter a competition, subscribe to the newsletter, or when you register as a thefestivalist.com member through our website.

2. What personal information does thefestivalist.com collect and why?

We may collect your name, address, email address and telephone number(s) in order to send you the communications you’ve requested or to send you a prize. Even if you initially choose to subscribe to receive communications from us, you may also unsubscribe or resubscribe at a later stage at *****

3. Will personal information be given to anyone else?

thefestivalist.com will only disclose information about you if you have given your prior consent, so that you can be provided with promotional material and special offers that you have requested. Otherwise, thefestivalist.com will only disclose personal information if this is required by law or permitted under the Privacy Act.

4. Security of personal information

thefestivalist.com protects the personal information it collects in a secure database. Any employees with access to this database are required, as a condition of their employment, to treat personal information held by thefestivalist.com as confidential, and to maintain the confidentiality of that personal information at all times.

5. Access and correction

Under the Privacy Act, you have a right to seek access to information that thefestivalist.com holds about you. You also have the right to ask us to correct information about you, which is inaccurate, incomplete or out of date. If you wish to access the personal information that we hold about you, a request can be lodged using the contact details provided in point 9 (below). 

As a thefestivalist.com member, you are able to access or correct the personal information that thefestivalist.com holds about you by logging in and updating your details at ****

6. Online collection of personal and non-personal information


For each visitor to our website, our server automatically recognises and stores the visitor's IP address. In addition, our website uses cookies. Most web browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt or refuse cookies. Please note that rejecting cookies will restrict the functionality of the website as a whole. We also use cookies for tracking the statistics of our website. This allows us to better understand our users and improve the layout and functionality of our website.

7. Online disclosures

To try and bring you offers that are of interest to you thefestivalist.com has relationships with other companies that we allow to place advertisements on our web pages. If you visit our website, advertisement server companies may collect information such as your IP address and clickstream information. For further information about this, we suggest you refer to the privacy policies of ****

8. Links to other websites

Sometimes our website contains links to third party websites, for your convenience and information. When you access a non-thefestivalist.com website, please understand that thefestivalist.com is not responsible for the privacy practices of that site. We suggest that you review the privacy policies of each site you visit.

9. Additional privacy information and how to contact thefestivalist.com

thefestivalist.com will make available its Privacy Policy to anyone who requests it. For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au. If you feel that thefestivalist.com is not complying with this Privacy Policy, or if you have other privacy concerns, please contact us: ****

 

COMPETITION TERMS AND CONDITIONS

1. Competition Promoter

The Promoter is ***** (A.B.N. ****)

2. Competition information

Information on prizes and how to enter **** competitions form part of these Terms & Conditions of Entry.

3. Terms and Conditions of Entry

By entering **** competitions, entrants accept the above-stated Terms & Conditions of Entry.

4. Who can enter?

Entry to **** competitions are open to all Australian and New Zealand residents; excluding employees and their immediate families of the Promoter and its related companies.

5. How to enter?

To enter **** competitions, entrants must sign up to thefestivalist.com and entries must be received by the Promoter by the close of business on the specified closing date.

6. Contacting prize-winners

Prize winners of **** competitions are selected at **** on the specified competition judging date. Winners are contacted by email or mail within 5 business days of selection and may be announced in an upcoming issue of the respective publication and/or the publication's website.

7. Judges’ decision

The judges' decision is final and binding. As such, no correspondence will be entered into.

8. Qualities of winners

Competitions are games of skill and as such, winning entries are selected based on the creativity of entries submitted.

9. Expenses

Unless expressly stated, all other expenses become the responsibility of the winner.

10. Substitution of prizes

If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.

11. Tax implications

Prize winners are advised that tax implications may arise from their prize winning and may wish to seek independent financial advice prior to the acceptance of the prize.

12. Unclaimed prizes

Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize or an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.

13. Use of personal information

All prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.

14. Loss or damage

The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.

15. Legal documentation

As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.



16. Redeeming prizes

Prizes are not redeemable for cash, credit or product and no exchanges are offered. The Promoter accepts no responsibility for any variation in the value of the prize (or part thereof).

17. Prize damage or loss

The Promoter, their associated agencies and companies associated with this competition take no responsibility for prize damage or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the prize.

18. Personal information

Each entrant's personal information ("PI") is collected to enable the Promoter to administer and promote this Competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion to be ineligible to win a prize. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

19. Unforeseeable obstacles

The Promoter assumes no responsibility for any error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer networks and systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any web site, or any combination of them, including any injury or damage to any entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Competition.

21. Governing laws

The laws of NSW govern **** competitions.

22. Travel Prizes

For all travel prizes; Passports, any requisite visas, spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winner and companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. If for any reason a winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will not be redeemable for cash and is subject to booking and flight availability. Itineraries are to be determined by the Promoter in its absolute discretion.

23. Parent/guardian accompanying any person under 18 years of age 

During the entire duration of the travel prizes, a nominated parent/guardian must accompany any person under 18 years of age unless otherwise stated. The winner (and his/her companion) is responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in.

24. Disqualification

The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the competition. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.

25. Cancelation, termination, modification or suspension of the competition 

If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the competition.

26. Competition cancellation

 In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.

 

COMMUNITY GUIDELINES

Purpose of these Guidelines

As part of thefestivalist.com’s ongoing efforts in making thefestivalist.com a great place to get together with like-minded music festival enthusiasts from around the country and around the world, you agree to abide by our Code of Conduct.

Your commitment to this Code of Conduct in all message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Community Services"), ensures a positive experience for all our users. By participating in any area of thefestivalist.com, you agree to be bound by this Code.

thefestivalist.com is not responsible for any user-created content on the site, including but not limited to forums, chat areas, email services, and/or other message or communication facilities unless the contrary is expressly stated.

The thefestivalist.com Community Services' are general-purpose sites and are designed for use by individuals that are 13 years of age or older.

Respecting other users

1. We encourage everyone to treat each other with mutual respect. Do not use the Community Services to threaten, harass, stalk, or abuse others participating in any Community Service. Refrain from all expressions of bigotry, racism, hatred, or excessive profanity. Be courteous to others, even if your opinion differs from theirs.

2. Do not make inflammatory remarks in order to provoke others.

3. Bumping messages to the top of a forum in order to get them noticed is allowed once only.

4. Using all CAPITALS, excessive punctuation, and website URLS in message subjects is forbidden. (You may use URLs in the message body).

5. Using all CAPITALS in a message is considered a breach of forum etiquette. Learn to use your CAPSLOCK key appropriately.

6. Post in the appropriate forum. Do not be surprised if you post in the wrong forum and your thread is moved or deleted.

7. Have a point. Threads with no point will be removed at the moderators' discretion.

8. Use the forums appropriately. Do not use the forums if your messages would be more appropriate in a private message, email, chat, or phone conversation.

9. You are allowed to use images in your posts, but be mindful of those people with slow connections. If the images are very large consider using a URL instead. Images may be removed at the moderators' discretion.

10. Signatures should not be more than 6 (six) lines of small text. As a general rule your signature should not be bigger than your posts. (eg quote the song, don't use the entire lyrics)

11. Personal matters between yourself and another user of ITM must remain between yourself and them. thefestivalist.com is NOT the place to air your private grievances.

12. Threats of any kind (either implied or explicit) will, at the discretion of the moderators, result in the loss of your forum rights.

13. Managers and/or Moderators who manage the Community Services may eject or ban users, as well as edit or remove posts, that violate this Code of Conduct.

14. If you publish material which defames another person, or which amounts to unlawful discrimination or the incitement of hatred, then you may be held liable for those actions. Although your privacy is protected by thefestivalist.com’s privacy policy, you should be aware that thefestivalist.com may be required, by law or court order, to disclose certain information which it holds. You may not be as anonymous as you think you are - which is another good reason to follow these guidelines.

15. New users are a protected species. Do not intentionally harass or embarass users who have less than 100 posts or joined less than 3 months ago.

Stay within the law

1. thefestivalist.com does not allow any illegal activities. You cannot use the Community Services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.

2. Do not post somebody else's private details. These include but are not limited to the following: real name, workplace, phone number, home address, car registration or e-mail address. Doing so will result in an immediate ban.

3. thefestivalist.com  reserves the right to remove posts discussing and/or promoting illegal activities including but not limited to the possession, procurement and consumption of drugs, criminal activity and other associated issues.

4. Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consent. thefestivalist.com is not responsible for any use of anything you say or post.

5. Do not post any materials (including software and other information) that could harm (or is designed to harm) other users' computers or would allow others to inappropriately access software or Web sites.

Be excellent to each other

1. thefestivalist.com does not tolerate disruptive activity online, such as persistent off-topic comments and postings or statements that incite others to violate this Code of Conduct or participate in illegal activities. The community is a vibrant and positive place. We'd like to keep it that way.

2. thefestivalist.com does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication.

3. Falsely impersonating a thefestivalist.com employee, agent, moderator, host, volunteer, forum user, or any other person with the intent to mislead or cause harm to others is forbidden. A user account that is likely to mislead others will be banned.

4. thefestivalist.com reserves the right to ban a user at any time, without notice, from any or all Community Services for offences relating to disruption of others or for violation of this Code.

Respect for people in the festival, music and entertainment industry

1. thefestivalist.com is privileged to have many good relationships with festivals, musicians, club proprietors, DJs, and promoters. These people are to be treated with respect at all times. Constructive criticism is welcome where appropriate, but disruptive or abusive comments will not be tolerated.

2. Promoters are welcome to answer questions about events on the forums.

No spam, no selling

1. Please don't "spam" through the Community Services. To spam includes sending identical and irrelevant submissions to many different forums, posting one word replies, or posting gimmick replies. These are frequently an attempt to increase your post count. Usually such postings have nothing to do with the particular topic of the group or are of no real interest to those reading the thread. To spam also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette.

2. The forums are not to be used as advertisements for your products or services. Remember that by advertising on the forums you are unfairly taking away from thefestivalist.com’s paid advertisers and you are lowering the quality of forum posts as a whole. Moderators are instructed to remove advertising threads or posts from the forum. If you need help promoting your products, services or events, you cannot use the forum, instead contact our sales team. It is important to note that current thefestivalist.com advertisers are not exempt from this rule.

3. thefestivalist.com reserves the right to ban a user at any time, without notice, from any or all Community Services for spamming.

You are responsible

1. You are responsible and liable for all your activities while participating in the Community Services. Remember, you are responsible for anything you say or post. You are responsible for your thefestivalist.com forum account. Your account may not to be shared with another person. Please take care to log out of your thefestivalist.com account if you are accessing thefestivalist.com from a computer in a public place. Each user will be held ultimately accountable for all posts made from their account.

2. thefestivalist.com offers our users the ability to create their own Community Services areas (e.g. chats, communities and personal web pages). thefestivalist.com takes no responsibility for the ratings, content, nor any activities resulting from the content or otherwise, in these areas. The creators or hosts of these user-created areas are required to agree to and uphold this Code of Conduct before creating their Community Service

3. The Community Services areas are not designed as the primary places to store any materials; you are responsible for creating backups of materials you post to any Community Service such as photos, documents and software. thefestivalist.com is not responsible for loss of access to, or deletion or alteration of any materials included in any Community Service.

5. thefestivalist.com reserves the right to remove at any time, without notice, any user-created Community Service (or any particular posting) that violates this Code of Conduct.

6. Some Community Services may post Internet website links in their area. Please be advised that thefestivalist.com is not responsible for the content on the websites associated with the links you may view.

7. Posting offensive content (including but not limited to text, images or links to objectionable content) is expressly prohibited. Offensive content is defined as adult content, gross depictions of disease or injury, or any other content that a reasonable person would find objectionable. Remember that many users visit these forums from their workplace, and that you may be risking a person's job by posting such content.

8. You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any Community Service, remember that the information provided could be from people at any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

Uphold the code

1. In helping to make the Community Services a great place to meet and chat, you must do your part to uphold this Code of Conduct. It is prohibited to encourage other users to break this Code of Conduct.

2. thefestivalist.com reserves the right to immediately terminate or suspend access to any Community Service for violations of our Code of Conduct.

3. thefestivalist.com also reserves our right to amend or change the Code of Conduct at any time without notice. You agree to periodically review this document to ensure you are doing your part.

Protect your privacy

1. We caution you against giving out personally identifiable information (such as tax file numbers, social security numbers, credit card numbers, names and addresses, driver license numbers) to strangers online, which may be used for illegal or harmful purposes. thefestivalist.com will not be liable for any consequences that may arise from the disclosure by you of any such information.

Moderators

1. The moderators of the forums are there to make the time spent on the forums more enjoyable for the thefestivalist.com community as a whole.

2. If you feel that somebody has breached the community guidelines we strongly suggest you use the "Report this post to a moderator" function. This function sends an email to every moderator of that forum, and alerts us to a breach of this Code of Conduct. Do not create a new thread or reply to the post as you will simply bump the thread to the top of the screen for everyone else to see.

3. If a thread is deleted or closed, or a post is removed, and you want to know why this has happened, do not start a new thread questioning the whereabouts of the post/thread. Such threads will be deleted. Simply send an email or private message to the moderators of that forum.

4. If you feel a moderator has been unfair in handling an issue, then please fill out the Contact Us form. Moderators use a combination of common-sense and these guidelines when making decisions. If you breach these guidelines, expect to lose your forum privileges either temporarily or permanently. These guidelines are in place to make thefestivalist.com a pleasant place to be. If you do not want to abide by the rules you are NOT welcome on the website.