1. Definitions and interpretation

“Event†means the Summer of Sonic 2010 event to be held at a Venue in respect of which SEGA have the right to distribute Tickets to You.

“Tickets” means tickets or other types of evidence (including electronic tickets) for an Event provided by SEGA to You provided you have applied via the correct channels for the Event for the right to attend an Event.

“Venue” means any facilities or locations of any nature where the Event is being held.

“SEGA†means SEGA EUROPE LIMITED.

“You” means you or anybody who in SEGA’s reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.

2. Incorporation

These Terms and Conditions incorporate and should be read in accordance with the Venue copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or SEGA’s requirements, those of SEGA shall prevail.

These Terms and Conditions are an extension of SEGA’s Website “Terms of Useâ€

3. Tickets

All Tickets are distributed subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to application and any queries relating to them should be raised with SEGA prior to application, as the application of Tickets constitutes acceptance of these Terms and Conditions. A valid Ticket must be produced to get into the Event.

Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. It is Your responsibility to check Your Tickets as if You have made a mistake it cannot always be rectified after application. Please check your Tickets on receipt of your confirmation email carefully and contact SEGA immediately if there is a mistake. SEGA will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. Duplicates may therefore be issued at SEGA’s discretion acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. SEGA reserves the right to provide alternative Venue and dates of the Event to those specified on the Ticket if the staging of the Event reasonably requires.

Proof of identity and age may be required to gain entry. Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket or contained at the Event.

4. Application of Ticket

In order to receive a Ticket You are required to follow the correct application instructions. The value of the Ticket shall be 0.0001. All Tickets are provided subject to availability and are provided to You at SEGA’s discretion. Your Ticket is only valid once an email confirmation containing a unique code is sent to You by SEGA. Entry will be subject to registration on the day of the Event. Possession of a Ticket does not guarantee Entry. Entry will be at SEGA’s and the Venue Staff’s discretion.

5. Changes to Event

SEGA and/or the Venue reserve the right to make alterations to the published Event programme where reasonably necessary.

These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Innovation and Skills.

6. Liability

Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, SEGA will not reimburse any costs incurred by You by attending the Event. Neither SEGA nor the Venue will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of SEGA’s negligence or that of the Venue or other breach of statutory duty.

7. Cancelled/re-scheduled Events

It is Your responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. Where the Event is cancelled or re-scheduled, SEGA will use reasonable endeavours to notify You using the details You provided at the time of applying for the Tickets. SEGA does not guarantee that You will be informed of such cancellation before the date of the Event. It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering. SEGA and the Venue reserve the right to reschedule the Event-without notice and without any liability whatsoever.

8. Resale/use of Tickets and property

You may not re-sell or transfer a Ticket unless SEGA’s written approval is received by You.

9. Void Tickets

Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to the Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.

10. Restrictions on the purchase of tickets

Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You apply for the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to SEGA’s error.

11. Conditions of Admission

SEGA and the management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.

SEGA and the management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, SEGA may remove a Ticket holder who:

1. has behaved in the Venue in a manner which, in SEGA’s reasonable opinion has, or is likely to affect the enjoyment of other visitors; or
2. uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
3. in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
4. fails, when required, to produce proof of identity or age.

You must comply with instructions and directions given by Venue staff and stewards. No expenses will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.

12. Restrictions and prohibitions

The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside the Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of the Event in breach of these conditions shall belong to SEGA. We will not be liable for any loss, theft or damage to confiscated items. By attending the Event, Ticket holders consent to filming and sound recording of themselves as attendees of the Event. We may use such films and recordings (including any copies) without payment. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.

Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).

The following are not permitted within any Venue:

1. animals (with the exception of guide dogs);
2. laser pens;
3. Your own food and drink;
4. bottles, cans or glass containers;
5. any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. Knives);and
6. illegal substances.

SEGA and the management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of SEGA and/or the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above. Ticket holders may only leave and re-enter the Venue during the Event at SEGA’s discretion. Otherwise, there will be no re-admission or pass-outs of any kind. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in nondesignated areas is strictly forbidden.

13. Health and Safety

Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.

14. Waiver

If SEGA delays or fails to enforce any of these Terms and Conditions It shall not mean that SEGA have waived the right to do so.

15. Assignment

SEGA shall be entitled to assign any of the rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.

16. Severability

If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

17. Third Parties

Any person, other than the Venue or SEGA, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only SEGA, the Venue and You (or your assignees permitted hereby) have rights and obligations under this contract.

18. Force Majeure

For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond SEGA’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. SEGA will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.

19. Amendments and variations

SEGA intends to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should contact SEGA. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless SEGA does so in writing.

20. No Partnership or Agency

Nothing in these Terms and Conditions and no action taken by You or SEGA under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Us beyond the relationship created under these Terms and Conditions.

21. Entire agreement

These Terms and Conditions, and the terms and conditions of the Venue and any specially agreed terms regarding the application process constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties. Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

22. Governing Law and Jurisdiction

This Agreement shall be governed in all respects by, and construed in accordance with, the laws of England and the exclusive jurisdiction of the courts of England.