500 Festival ticketing terms & conditions
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS AS SET FORTH IN THIS 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 A TICKET AND/OR ENTER THE EVENT. PURCHASE AND/OR USE OF A TICKET CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. 1. Future Changes to Terms and Conditions. Bearer and/or Purchaser acknowledge and agree that 500 FESTIVAL, INC., (“Event Organizer”) may modify, add, remove, supplement, amend, update or revise any of these terms and conditions, without advanced notification to Bearer or Purchaser (collectively, “Revise” or “Revision(s)”) by posting such Revisions on Event Organizer’s website, 500festival.com (the “Site”), which Revisions shall become effective immediately and, at Event Organizer’s option, relate back to the date of purchase. For the purpose of this Agreement, “Bearer” shall mean the individual who will be presenting a valid ticket at the event for entry into the Venue, and “Purchaser” shall mean the individual who will be purchasing a valid Ticket for the Event. 2. Data Collection. Upon accessing and using the Site, Purchaser and Bearer acknowledge and agree that Event Organizer may automatically collect, store and use Purchaser and/or Bearer’s information, including but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, tablets, among others), search terms and cookie information (collectively, the “Derivative Data”) to help Event Organizer diagnose problems and improve the Site for user experience. In order to purchase a Ticket(s), Purchaser acknowledges and agrees that Purchaser may be required to provide personal information such as, but not limited to, name, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification and/or country of residence (collectively, the “Personal Information”). Purchaser acknowledges and agrees that Event Organizer may collect, store and use the Personal Information for legitimate business purposes, such as, but not limited to, processing Purchaser’s payment, fulfilling Purchaser’s order, updating Purchaser with its order status, shipping and tracking information, responding to customer service requests, providing updated information to Purchaser respecting the Event, among others. If Purchaser or Bearer does not agree with these terms and conditions, do not purchase a ticket and exit the Site. 3. License. The purchase of a valid ticket (“Ticket(s)”) by the Purchaser and the presentation of a valid ticket by the Bearer constitutes Purchaser and/or Bearer’s revocable license to enter a 500 Festival event event (the “Event”) and to access an event’s location (the “Venue”) subject to the terms and conditions set forth herein (the “License”). Event Organizer may revoke this License at any time without additional notification or compensation to Purchaser and Bearer, including denying Bearer access to the Venue. 4. Minimum Age. As a condition to gain access to the 500 Festival Off the Grid, presented by KeyBank, and attend the Event, Bearer represents and warrants that Bearer is 21 years of age or older on the date and time listed on the front of the Ticket and 500festival.com. A valid government issued photo identification of Bearer (“ID”) WILL be required at the Event entrance in order to gain entry into the Venue. Bearer of Ticket(s) represents and warrants that the information provided on the ID presented by them is valid, true, and correct. Event Organizer reserves the right, without the obligation to refund any portion of the Ticket purchase price, to refuse entry to the Venue to any person who is not at least 21 years of age on the date listed on the Ticket. 5. Fees. Purchaser acknowledges and agrees that upon the purchase of a Ticket(s), Purchaser shall be obligated to pay the face value of the Ticket(s) in addition to, applicable service charges and/or shipping and handling charges, which shall be collected by Event Organizer to offset the costs and expenses arising from, and/or relating to, the processing of the Ticket order, the Event and/or the Venue. By proceeding to purchase a ticket pursuant to the foregoing terms and conditions, Purchaser is expressly agreeing to waive any and all potential rights, claims or entitlements Purchaser may have respecting the above referenced fees. Purchaser further acknowledges and agrees, in conformity therewith that, in no event shall Purchaser commence a chargeback dispute with Purchaser’s credit or debit card relative to the Ticket price, associated fees or services purchased hereunder, or regarding any amounts forfeited hereunder or similar charge reversal. If Purchaser does not agree with these terms and conditions, do not purchase a ticket. 6. Refund Policy. Bearer’s Ticket is not redeemable for cash. Once Venue doors open or seating begins, the Event, on that particular date, shall be deemed to have been delivered in its entirety and not subject to any refunds. Upon Event cancellation by Event Organizer, Event Organizer may, in its sole and absolute discretion, elect to either issue a full or partial refund to Purchaser, not issue any refunds, or reschedule the Event. Upon the cancellation of the entire Event, including, but not limited to events not within Event Organizer’s control, governmental acts, acts of God, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of the Venue, Event Organizer may, in its sole and absolute discretion elect to either, (a) issue Purchaser a full or partial refund, (b) postpone the Event for a future date and/or (c) offer Purchaser a comparable “make good.” Delayed Venue gate openings and/or Bearer’s inability to access any parts of the Venue or Event due to Federal, state, municipal or other code regulations, Event Organizer’s policy(ies), emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall not entitle Purchaser (or Bearer as holder of the ticket) to refunds or future credits. Under no circumstances shall Purchaser (or Bearer as holder of the ticket) be entitled to any type of refund or exchange due to weather or governmental acts. If Event Organizer elects to issue a refund, which is in Event Organizer’s sole and absolute discretion, the Purchaser shall be refunded an amount up to the face value of the Ticket(s) only. If Event Organizer elects to reschedule the Event for a future date, Purchaser shall not be entitled to a refund. Under no circumstances shall Purchaser be entitled to a refund of any shipping, handling or other processing and service fees. At all times prior to the Event, Event Organizer reserves all rights to cancel or postpone the Event or to change the Venue, artist lineup, times and dates of the Event, or other Event details without prior notice to Purchaser or Bearer. Event Organizer shall not be responsible for any exchange rate losses to Purchaser during the order or refund process. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. Events are “Rain or Shine.” 7. Assumption of Risk; Mitigation. a. Event Organizer assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Purchaser and/or Bearer’s Tickets, Bearer assumes 100% risk of loss relating to the Tickets. If Bearer and/or Purchaser obtain Ticket(s) from any unauthorized source(s), Bearer and/or Purchaser assumes 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 Event Organizer in its sole and absolute discretion. The unlawful or prohibited resale or attempted resale of tickets is grounds for seizure of all or some of Bearer and/or Purchaser’s Tickets and cancellation of this License without compensation to Bearer and/or Purchaser. Event Organizer may, in its sole and absolute discretion, cancel or relocate seating on an order for accessible seating that Event Organizer believes to be fraudulent. This Ticket may not be used for advertising, promotion (including, but not limited to, contests, sweepstakes, games and/or any other promotions), or other trade purposes without the express written consent of Event Organizer. Event Organizer also reserves the right to investigate orders suspected to be in violation of these Ticketing Terms and Conditions and shall be the sole and final arbiter regarding violations or potential violations hereunder. b. Bearer hereby assumes any and all risks, whether or not expressly set forth herein, as well as any risks or dangers incidental to, or in any way relating to the Event, the purchase of tickets hereunder or use of the Site, including those arising from, or relating to, the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Bearer’s personal property and risks of personal injury. Event Organizer and its respective Indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, and (ii) for personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, whether such injuries or manifestation of such injuries occur during or subsequent to the Event. c. Bearer and Purchaser further acknowledge and agree that Event Organizer shall have no legal obligation to mitigate any of its potential or actual losses sustained hereunder. 8. Disclaimer of Warranty. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVENT ORGANIZER GRANTS THIS LICENSE TO ENTER THE VENUE ON AN “AS IS” BASIS AND GRANTS THIS LICENSE TO PURCHASE TICKETS ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, THE EVENT, THE VENUE, OR THE ARTISTS. 9. Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release, Event Organizer (500 FESTIVAL, INC.), sponsors, participants and artists, the City of Indianapolis, Indianapolis Motor Speedway, and each of the above respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, authorized agents, predecessors, assigns, successors, licensees and designees (collectively “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, costs and/or claims relating in any way to the Event, the purchase of tickets hereunder or use of the Site. 10. Event Organizer’s Ownership of Work. Bearer and Purchaser acknowledge and agree that (i) upon acceptance of the Terms and Conditions set forth herein and purchase of a Ticket(s) and (ii) upon entry to the Event, Event Organizer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to, or additional consent by Bearer. Bearer further acknowledges and agrees that Event Organizer or its designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness. 11. Bearer’s Conduct. Event Organizer and the Venue maintain a zero-tolerance policy regarding illegal or illicit drug use at the Event. Bearer, in order to gain entry into the Venue, hereby affirmatively, knowingly, intelligently and voluntarily consents to be searched by Event Organizer for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Bearer’s presence at the Event or Venue. Event Organizer and the Venue maintain a zero-tolerance policy regarding lewd and lascivious behavior or conduct, including but not limited to, disorderly or violent behavior or vulgar or violent language. Bearer hereby acknowledges and agrees that the discovery of any prohibited items or such lewd and lascivious behavior shall constitute a violation of Event Organizer’s policies and terms and conditions and shall correspondingly give Event Organizer the right to confiscate any such prohibited item(s) and/or correspondingly give Event Organizer the right to immediately revoke Bearer’s License to access the Venue, and to deny Bearer any future entry to the Event or Venue without any legal or financial liability to Event Organizer. 12. Disputes. Bearer and Purchaser acknowledge and agree that any disputes arising from, or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizer, Purchaser and Event Organizer, Bearer and any company or person employed by or which is affiliated with Event Organizer, or Purchaser and any company or person employed by or which is affiliated with Event Organizer (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Indiana Arbitration code. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and acknowledge and agree that such Dispute(s) 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, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable). 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. Any proceeding to enforce this arbitration agreement must be brought in the state court of Indiana or, if jurisdiction permits, in the U.S. District Court in the Southern District of Indiana with venue lying in Marion County. 13. Governing Law; Venue. This Agreement and all claims relating to, or arising out of this Agreement or the breach thereof, shall be governed and construed in accordance with the laws of the state of Indiana, notwithstanding any contrary choice-of-law principles. 14. Assignment; Entire Agreement. Event Organizer shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties hereunder without notification to, or consent by, Bearer and Purchaser. Bearer and Purchaser acknowledge and agree that the terms and conditions set forth herein, as supplemented by the terms and conditions on the Site, including the Payment Plan Terms and Conditions and prohibited items list, as amended from time to time by Event Organizer with or without notification to Bearer and Purchaser, and those additional policies published at the Venue, represent the entire agreement between Bearer, Purchaser and the Event Organizer with respect to the subject matter of this Agreement. 15. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the unenforceable provision shall not affect the otherwise valid terms or provisions or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth herein. Privacy Policy
The 500 Festival is committed to respecting and protecting your privacy rights when visiting any page of our Website, www.500festival.com or www.indymini.com. To protect your Personal Information, the 500 Festival has created the guidelines outlined below, which explain the kinds of information the website collects, how it is used, the conditions under which it is made available to third parties, how information is maintained and our compliance with the Children’s Online Privacy Act. Your use of the website indicates your acceptance of and agreement with the terms and conditions of this Privacy Policy. Information Collected
While visiting the website, we may ask you to provide information that personally identifies you (“personal information”) for purposes of interacting with the website. Such personal information may include, but is not limited to, your name, phone number, street address and e-mail address, age and gender. On any page that collects personal information, we will specifically describe what information is required in order to provide you with the product or service or enter you in the promotion you have requested, as well as respond to your inquiry or comment. This personally identifiable data is collected by means of form interfaces on our website, into which the user must voluntarily enter the information requested. If you place an online order or enter a commercial transaction at this website, we will collect additional personally identifiable information, including billing address and credit card information. We may also collect personally identifiable information through purchase forms, surveys, contests, emails we receive from you and your other interactions with our website. You may browse the website without registering or providing any personally identifying information. IP Addresses
This website also collects anonymous data that is not indicative of and cannot be traced to an individual without the cooperation of their Internet Service Provider. This data includes information about the user’s remote IP address, referral data (which page “linked” to the present request) and the browser software’s user-agent string. This information is accepted passively from the HTTP headers that are sent from the user when requesting any file from the server. The 500 Festival does log IP addresses for systems administration, troubleshooting purposes and to determine website usage. Cookies
The website uses “cookies”, which are elements of data that a website can send to your browser, which may then be stored on your system. This element of data is a piece of text, not a program. The website can only access the information from a cookie sent by the website. We cannot access other cookies sent by other websites or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by entering a sweepstakes or promotion, etc. Why Does The Site Use Cookies?
The 500 Festival uses cookies to track usage of the website and further personalize your experience when you are visiting the Website. By tracking usage, we can best determine what features of the website best serve the users. Overall, the use of cookies helps to give you a more personalized experience at the website. The information is used to keep our website fresh and relevant to you, the user. Cookies also allow you to avoid retyping your e-mail address on the website. The information stored in a cookie is used to allow us to personalize your experience on the website. May I Decline To Accept A Cookie?
You may decline to accept cookies sent by the website by selecting an option on your browser to reject cookies. However, some portions of the website may require cookies in order to provide you with the full set of features offered. Cookies enable our server to know that you are a registered user. In addition, our registration system may require that you accept the cookies from the website in order to access that portion of the website. Use Of Personal Information
We believe in protecting your privacy and will not share personal information with third parties outside of the 500 Festival, except as described in this Privacy Policy. We believe that we can enhance your experience on our Website with the information you share with us. We use personal information about you to improve our advertising and marketing efforts, to statistically analyze website usage, to improve our content and product offerings and to personalize the website’s content, layout, and services. We also may use your personal information, such as your e-mail address or mailing address, to contact you regarding products and/or services that may be of interest to you, to respond to an inquiry from you regarding the information that we have collected, to respond to your comments and suggestions and to fill orders and complete commercial transactions that you initiate with this website. The 500 Festival may match specific and/or aggregated personal information with third party data to provide you with product and content offerings that interest you and improve our advertising and marketing efforts. The 500 Festival also may disclose aggregated user statistics in order to describe our services to potential advertisers, partners, other third parties, our affiliate companies and for other lawful purposes. For example, we provide our advertisers with aggregate information about our users, such as statistics regarding the number of website users that view their advertisements. As part of your experience on our website, you may receive communications from us related to products and services that might interest you. While we believe these services will enhance your experience at our website, you will at all times be able to opt out from receiving these communications, either by specifically opting out of these services or by deleting your profile from our database. We have today, and will in the future, have arrangements with third party service providers, such as credit card processors, shipping companies, and fulfillment services, other third-party vendors, or any partner who assists in the operations and/or administration of this website. When you sign up for a service we offer on the Website, we may be required to share personal information with that service provider in order to provide the service. These third party providers are not permitted to retain or use personal information for any purpose unrelated to providing the service. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, to investigate or assist in investigations incident to misuse or abuse of this website, or in connection with the sale of part or all of the 500 Festival. Party Collecting The Information
Information entered by website visitors is retrieved directly by the the 500 Festival. This Privacy Policy only addresses the use and dissemination of information that the website collects from you. To the extent that you disclose any information to other parties, whether through, for example, online auctions, chat rooms, personal ads, or the like, through third party services or promotions offered on or through the website or through other websites throughout the internet, different policies may apply and the 500 Festival shall not be responsible for the use or dissemination of such information. Links To Other Materials
Third party sites linked to and from the site are not necessarily under the control of the 500 Festival. The 500 Festival shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. The 500 Festival does not necessarily endorse companies (or related products or services) to or from which the website is linked. If you decide to access any of the third party sites linked to the website, you do so entirely at your own risk. The 500 Festival hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties. Children’s Privacy
The Children’s Online Privacy Protection Act of 1998 (“COPPA”) applies only to websites of a commercial nature, and while the 500 Festival is a nonprofit organization, it considers COPPA to provide sound advice for any website that is intended for use by children. For this reason, the 500 Festival does not knowingly collect or solicit any personally identifiable information from children under 13 years of age without verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practicable. With respect to any form interface that appears on a webpage at our website, no information will be knowingly collected from any user under the age of 13. Where “age” or “date of birth” is requested on the form interface, no information will be stored or transmitted unless the response indicates that the user is 13 years of age or older. Providing personal information is never a prerequisite for accessing the basic content or resources on this website. Maintenance Of Personal Information
The personally identifiable information collected at this website may be indefinitely retained and electronically archived. Please keep in mind that information collected at this website may be different than that collected at or through other activities, events, or functions related to the 500 Festival and the use and disclosure, if any, of such information may vary and are not covered under this policy. Opting-Out
We respect your privacy and ability to choose whether to share information with us and any third party. You may choose to “opt-out” of sharing personal information in several ways. When choosing to use certain features or services on the website, you can choose whether to share optional personal information in connection with the feature or service. If you receive communications from us that you prefer not to receive, you may opt-out from receiving these communications, either by specifically indicating this preference in a communication to us via the Unsubscribe link or by deleting your registration profile from our database. You may also opt-out altogether from providing personal information to us by not registering on the website and thereby not providing personal information. You may also choose at a later date to have your name removed from our database. To do so, please follow the process described below. Certain portions of the website and certain services provided on the website, however, do require registration in order to access or use these areas and services. If you choose not to register or provide certain information, these areas will not be accessible to you. Reviewing, Changing And Deleting Your Personal Information
You may access all of the personal information that we collect from you online and maintain by e-mailing us at info@500festival.com. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. Security
The 500 Festival maintains industry standard encryption technologies to ensure the security, integrity and privacy of the personal information that you provide through the website. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our website, and therefore, it is important to remember that you transmit such information at your own risk. the 500 Festival does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or to those of our vendors or partners. Contacting Us
If you have any questions or comments about our Privacy Policy, please e-mail us at info@500festival.com. Effective Date And Changes
Understanding that Internet technologies are rapidly evolving, any changes to this policy will be promptly posted on this page, with an updated “effective date” posted below. The 500 Festival reserves the right to modify the terms of this policy at any time and in our sole discretion, by posting a change notice to this page. Your continued use of the website following our posting of a change notice will constitute binding acceptance of those changes. This Privacy Policy was last modified on March 1, 2015
