TERMS AND CONDITIONS FOR EXPERIENTIAL/VIP PACKAGES.

 

These Terms and Conditions constitute a legal agreement between the purchaser (“you”) of the Experiential/VIP Packages and Global Merchandising Services, Inc (“Global”) in respect of the artists Sixx:AM (together with the members thereof jointly and individually and its and their corporate entities) and 10th Street Entertainment and Eleven Seven Music (such artists and entities and 10th Street Entertainment and Eleven Seven Music herein jointly and individually referred to as “Client”). These terms are subject to change in Global‘s discretion. These terms are in addition to the general terms and conditions of Sparkart Group, Inc. (“Sparkart”) which will apply save as inconsistent with these terms and conditions in which case these terms and conditions shall prevail.

Age. Participants in Experiential/VIP Packages must be 21 years of age or older.

Seating. When purchasing two (2) Experiential/VIP Packages, there is no guarantee that the seats will be next to each other. Seat locations are subject to change.

Merchandise. If merchandise items are included in the Experiential/VIP Packages, such items will be available for pickup at the venue the day of the show unless expressly stated otherwise. All VIP merchandise may vary and are subject to modification or substitution at any time without notice.

Access. If any special access is granted (for example, backstage tours and receptions may be available with some Experiential/VIP Packages), then you must maintain a civilized decorum, behave with courtesy and respect, and closely follow all instructions; and Global and/or Client reserves the right, at Global’s discretion, to refuse admittance to anyone or remove anyone at any time from any special access area. VIP laminates and commemorative tickets (if provided) are for commemorative purposes only and do not authorize access into the venue or any special access to VIP areas, backstage areas or anywhere else. If you are in a wheelchair or need handicap access, you agree to contact Sparkart Customer Services promptly after making your purchase so that Global may assist you in making the proper arrangements and/or exchanges (depending on the venue). Parking may not be available at any particular venue; please contact the venue directly for parking information.

Decorum License; Ejection and Cancellation. You agree to act in accordance with the rules established by Global during your participation in any activity related to the Experiential/VIP Package event. You agree not to engage in any illegal or inappropriate activities, including but not limited to the use of illegal drugs or contraband, engaging in acts that are considered disturbing to the operations of the Experiential/VIP Package event or the operations of any venues in which a Experiential/VIP Package event activity is taking place or any of the bands or persons participating in the respective event. You agree to follow the Experiential/VIP Package event guides and agree not to wander off from them in any way, or seek out any performers or their crew without being advised by the Experiential/VIP Package event guide. No photographs or other recording (audio or audio visual) are permitted other than as directed by the Experiential/VIP Package guides at official photo opportunities. Global reserves the right to remove you from any Experience at any time for failure to abide by the terms of this agreement or the rules set forth at any time by Global. In the event you are removed from the Experiential/VIP Package event, Global shall not be obligated to refund any amounts paid by you to participate in the Experiential/VIP Package. Global reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the event provider‘s rules. Breach of terms or rules will terminate your license to attend the event without refund.

Confidentiality. You may or will become privy to confidential information relating to the Client, the Client’s friends and members of the Client’s family including information that would not normally be considered confidential but is in fact of a confidential nature due to the intense media and public interest in the Client. Confidential Information shall include any information (whether or not recorded in documentary form or on computer disc or tape or in photographic material or any other medium) which you have learnt or which has come into your possession, custody or control as a result of your participation in the Experiential/VIP Package, information relating to the sexual and/or emotional lives of the Client or relating to the personal relationships of the Client with third parties, information relating to the business and/or legal and/or financial affairs and/or spending habits of the Client and/or information relating to the work habits and/or practices of the Client. You agree and undertake that you shall not at any time directly or indirectly use or exploit for your own purpose or those of any other person, company, business entity, media organisation or other organisation whatsoever, or disclose to any person, company, business, entity, media organisation or other organisation whatsoever, any Confidential Information.

Tickets. If your tickets are to be “held at will call”, they will be at the venue box office, will call window or similar designated location on the date of the performance. You must have your order confirmation, valid photo identification and credit card used to place the purchase in order to pick up tickets from will call. Will call name changes are not permitted. Once the tickets are issued to you, Global are not responsible for any lost or stolen tickets. Other than tickets to be held at will-call and picked up at the venue on the day of the show, customers generally receive shipped tickets approximately one to two weeks prior to the applicable show date. If you do not receive your shipped ticket one week prior to the show date, please contact Sparkart Customer Service at least 5 business days prior to the show date. If Experiential/VIP Packages do not include a ticket to the show if you purchase an Experiential/VIP Package, you must already have a ticket to the show that you purchased separately. All tickets may vary and are subject to modification or substitution at any time without notice.

Tickets Purchased from Other Vendors. Public On-Sale Tickets are sold by third party vendors and are governed by their terms and conditions, not by the terms and conditions stated here. Similarly, some Presale Tickets, Experiential/VIP Packages and VIP Package Upgrades may be sold by third party vendors, in which case their own terms and conditions will apply, and not the terms and conditions stated here. In such cases, please see the third party vendor‘s website for the applicable terms and conditions.

Reserved Rights. Global reserves the right to block access to, or cancel an order from, any user that Global believes, in its sole and absolute discretion: (i) is or is acting in association with any ticket broker or scalper, (ii) is utilizing automated means to process or place orders, or (iii) whose order exceeds the stated limit. Global reserve the right to cancel your account, without refund, for violating these policies. In the event that a product is listed at an incorrect price, Global shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Global will promptly issue a credit to your credit card account in the amount of the incorrect price.

Separate Waiver. You may be required to sign an additional waiver document reflecting the terms hereof as a condition of participating in the Experiential/VIP Package and you agree to sign such document when requested.

Pricing and Payments. All prices are in US Dollars unless otherwise indicated. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Global‘s sole discretion.

Order Processing. Before purchasing Experiential/VIP Packages, carefully review your event, your seat selection (if available), your shipping address, and all other information. All orders are processed as soon as they are received and cannot be cancelled, changed, or combined by the purchaser. However, please note that Global reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. Global reserves the right to cancel orders due to discrepancies with billing information or if an unauthorized promotion code is used. Global reserves the right, at Global’s sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers, ticket brokers or scalpers.

Shipping. Depending on the particular logistics of each Experiential/VIP Package and event and other factors, merchandise included in your Experiential/VIP Package (if any) will be made available for pick-up at the venue on the day of the show or will be shipped by the carrier chosen and in the timeframe specified during checkout (please check Experiential/VIP Package product description for details). Items shipped via a track-able method will be deemed delivered when the shipping carrier provides confirmation that the item was successfully delivered to the address you submitted during the checkout procedure. Purchasers with a non-U.S. shipping address are responsible for any and all duties and taxes that may be incurred upon delivery; and if you refuse to pay duties or taxes, your package will be returned to Global, will not be re-shipped to you, and no refund will be given.

Refunds, Returns and Exchanges. There are no refunds, returns, or exchanges. All sales are final: Global will not issue exchanges or refunds after an Experiential/VIP Package has been purchased or for lost, stolen, damaged, or destroyed tickets. Global is not responsible for and will not reship or issue refunds or exchanges for any shipped Experiential/VIP Packages that are (a) not received by the customer but are deemed delivered by the shipping carrier, or (b) not received due to failure to properly submit an accurate and complete shipping address during the checkout procedure, or (c) not received as they were classified as undeliverable by the shipping carrier and returned to Global. You agree that you will not attempt to evade, avoid, or circumvent this policy in any manner with regard to Experiential/VIP Packages you purchased, including, but not limited to, disputing or otherwise seeking a “chargeback” from the company whose credit card you used to make the purchase.

You Are Subject to Search. You and your belongings may be searched on entry to the event. By purchasing an Experiential/VIP Package, you are consenting to such searches and waive any related claims that may arise. If you elect not to consent to such searches at the event, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.

Cancelled / Postponed Events. Occasionally, events are cancelled or postponed by the promoter, artist or venue. In the event that a performance or event is cancelled or postponed, Global will make reasonable efforts to contact you via Email, time permitting. Global shall not be responsible for any loss, cost or damage of any kind or nature such postponement or cancellation may cause directly or indirectly. Global typically only offers refunds and/or exchanges based on the promoter’s, artist’s or venue’s instructions. Global is not obligated to issue a refund except to the extent that the promoter, artist, or venue responsible for bringing you the event (1) instructs Global to issue a refund, and (2) provides Global with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter’s, artist’s or venue’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter’s, artist’s or venue’s discretion.

If a refund is issued, it will be issued using the same method of payment that was used to make the purchase. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Global will not be liable for travel or any other costs or expenses that you or anyone else incurs in connection with a cancelled or postponed event.  If a refund is issued it will be the price of the Experiential/VIP Package less the value of the goods already supplied which will be determined by Global in its sole discretion.

State Sales Tax. In accordance with state law, Global are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pretax total, including shipping and handling (where required) and gift wrap (where required and if applicable).

Customer Service. Sparkart’s customer service office is open from 10am – 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Sparkart Customer Service. Sparkart and/or Global endeavor to answer all responses within two (2) business days, but please allow longer.

Liability. By participating in any Experiential/VIP Package, participants hereby release, discharge, and covenant not to sue Global and/or Client and/or Sparkart and/or Schecter Guitar Research and/or iHeart Media/Premiere Radio Networks (and each of their respective officers, directors, employees, agents, parent companies, affiliates and assigns) (collectively, the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with entering or otherwise participating in any aspect of the Experiential/VIP Package experience, the receipt, ownership or use of any items received during the Experiential/VIP Package experience, or while preparing for, participating in or traveling to or from the Experiential/VIP Package experience. Global and the Released Parties will not be responsible or liable for any injuries, losses, costs or damages of any kind or nature incurred by patrons or any other persons while attending or otherwise in connection with events.

Force Majeure. If, for any reason, the Experiential/VIP Package event is not capable of running as planned for reasons which may include without limitation, an act of God, accident, lockout, strike or other labor dispute, riot or civil commotion, act of terrorism, or for any other reason beyond Global’s reasonable control of then the Global reserves the right at its sole discretion to cancel, terminate, modify or suspend the Experiential/VIP Package in whole or in part.

Name and Likeness. In consideration for participation in the Experiential/VIP Package, you hereby agree to authorize Global and Client to use your name, voice, portrait and likeness, including, any statements, interviews or performances of you, without further compensation, in any video, recorded, filmed, taped, and/or photographed material created by Global and/or Client related to the Experiential/VIP Package, for any purpose, including but not limited to any related advertisement, promotion and publicity for Global except as otherwise expressly provided herein.

Indemnity. In consideration for participation in the Experience, you hereby release, discharge, indemnify and hold harmless Global, Client, Sparkart, Schecter Guitar Research and iHeart Media/Premiere Radio Networks and each of their respective parents, subsidiaries, shareholders, officers, directors, employees, volunteers, assigns and affiliates from any and all claims, causes of action, liabilities, costs and expenses (including personal injury and/or death and reasonable attorney's fees) arising out of or related to your participation in the Experiential/VIP Package and/or the breach of your agreements, and/or resulting from your participation in any sponsored events or activities associated with the Experiential/VIP Package.