2014 TCM Classic Film Festival Pass Purchase Agreement and General Terms & Conditions
THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH TURNER FESTIVALS, INC., XORBIA TECHNOLOGIES, INC., CHASE PAYMENTECH, AND THEIR AFFILIATED COMPANIES (COLLECTIVELY, “TCM”) PROVIDE YOU WITH THE RIGHT TO ENTER THE 2014 TCM CLASSIC FILM FESTIVAL IN LOS ANGELES, CALIFORNIA, WHICH IS CURRENTLY SCHEDULED TO TAKE PLACE FROM THURSDAY, APRIL 10, 2014 TO SUNDAY, APRIL 13, 2014 (THE “FESTIVAL”). BY CLICKING THE “I AGREE” BUTTON ON THIS WEBPAGE, OR, IF ORDERING OVER THE PHONE OR OBTAINING A PASS BY ANY OTHER MEANS, BY ATTENDING THE FESTIVAL YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND HEREBY ENSURE THAT ANYONE FOR WHOM YOU PURCHASE A PASS REVIEWS, AGREES, AND COMPLIES WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “DISAGREE” BUTTON, OR, IF NOT PURCHASING PASSES ONLINE, DO NOT PURCHASE A PASS OR ATTEND THE FESTIVAL.
1. General Terms: You agree that: (a) you have reached the age of legal majority; (b) that the information that you provided in the registration form (including, but not limited to, credit card and billing information) is current, complete, truthful, and accurate; (c) you will conduct yourself in a lawful manner and obey the Code of Conduct set forth in Paragraph 7 below and all posted Festival and venue rules while attending the Festival, and agree that TCM or the venue owner may eject you from the Festival, or the venue, without a refund if you fail to do so; (d) you understand that the schedule and/or programming at the Festival may change, including the films shown, the speakers, guests, or moderators featured, or the venues where such events may occur, and you agree that such changes do not entitle you to a refund or partial refund; (e) you will not resell, or attempt to resell, your Pass (as defined below) to anyone prior to or during the Festival, even if it is below face value, or given for free, and you agree that TCM may, in addition to other legal remedies, ban you from future Festivals, or future TCM events if TCM learns you have violated this clause; (f) you grant TCM, its sponsors and affiliates the right to use your likeness, and the likeness of any of your minor children for whom you purchase a Pass and bring to the Festival, in connection with telecasting, displaying or promoting the Festival, or future TCM events; (g) you will not unlawfully copy any of the intellectual property (including without limitation, any trademark, film footage, actor images, or related promotional materials) associated with the Festival unless specifically authorized to do so by TCM in writing; and (h) TCM may use the information you provide in the registration path to communicate with you about the Festival, and any TCM-related events, sponsorships, promotions and partners.
2. Festival Passes: You hereby authorize TCM to charge your credit card the amounts associated with the Festival pass you have chosen (each a “Pass”; cumulatively, “Passes”) on the TCM website, which shall be as follows: (1) “Classic Pass”- US $549; (2) “Essential Pass – US $699; (3) “Spotlight Pass – US $1,599; (4) “Matinee Pass”- $349; (5) “Palace Pass”- $249, and (6) any other Pass and associated fee offered on the Festival website (the “Fee”). In the event you are purchasing a ticket to an individual film screening you hereby authorize TCM to charge your credit card the price listed at the appropriate venue. TCM will charge your credit card the Fee set forth above for the Pass, Passes, or tickets you have chosen (plus any applicable taxes) on the day you submit your credit card and complete the registration form, or a reasonable time thereafter. The Fee is due and payable in U.S. dollars, subject to any exchange rate that a credit card company or other financial institution may apply. Please note that charges to your credit card may be in the name of TCM or its affiliated companies. No checks, cash or money orders will be accepted as payment for a Pass. Passes are accepted and processed on a first-come, first served basis. Unless Will Call pickup is selected at the time of purchase, passes ordered with confirmed payment and complete name and shipping information by 5pm ET February 21, 2014 will be delivered approximately four weeks prior to the Festival. Orders completed and confirmed after 5pm ET February 21, 2014, must be picked up at the Festival Box Office located in the Hollywood Roosevelt Hotel beginning April 10, 2014.
3. Passes Non-Transferable/Non-Replaceable: You understand and agree the Passes are non-transferable, which means that you alone are entitled to the benefits attributed to the specific Pass you select and pay for, as described on the website www.tcm.com/festival (which may be subject to change) and any attempt to sell or give your Pass to any third party, including your friends and family members, is strictly prohibited. Any completed sale of a Pass is hereby null and void, and TCM shall have no obligation to honor such sold Pass. You agree that TCM shall have the right to require you or your guests to show a photo ID at the Festival, or any screening or event therein, in order to determine the legitimacy of any Pass, or usage thereof, and to refuse you entry to, or eject you without refund from, any Festival event if you cannot produce an appropriate ID. Once delivered, Passes are the sole responsibility of the passholder and TCM is under no obligation to offer replacements should the passholder loose possession of their Pass(es).
4. Seating Policy: With the exception of the official Opening Night Gala presentation for Essential and Spotlight level passholders, you understand and agree that purchasing a Pass does not guarantee you seating at any particular event or screening at the Festival. Instead, Passholders receive general admission to events until attendance capacities are reached, which shall be determined in TCM’s or the venue owner’s discretion, and thus may fill up prior to your arrival. Accordingly, TCM encourages you to arrive a minimum of thirty minutes prior to each event or screening to minimize your chances of missing an event or screening. Seating after an event or screening has begun is at the discretion of Festival management, and no saving or reserving seats or places in advance for yourself, or for a third party, is allowed.
5. Age Restrictions: Passes may only be used by individuals of 13 years or older. Tickets to individual events may be available for individuals under 13 years of age but over 4 years of age. You are responsible for any and all minors for whom you purchase a Pass. All minors must be accompanied by you, or their legal guardian, otherwise they may be refused admission. You understand and agree that some of the films or other Festival events may not be appropriate for minors, and you (and not TCM) are responsible for making the determination about what is appropriate for you and your minor guests. In addition, some events are open only to individuals over the age of 21, including without limitation, the Opening Night Vanity Fair event, and thus you will not be allowed into such events if you cannot establish that you are at least 21 years of age (via a valid government issue ID) even if you are a Passholder.
6. Refund Policy: TCM shall, in its discretion, provide refunds only if the Pass purchaser sends TCM a cancellation request in writing and receipt is confirmed by the Box Office by 5pm ET, February 21, 2014. The Pass purchaser may submit written cancellation requests in only two ways: via email to firstname.lastname@example.org or mailed to TCM Classic Film Festival, 1050 Techwood Dr. NW, Atlanta, GA 30318. Your cancellation or refund request must include the name of all Passholders and a copy of your purchase confirmation email or letter. No other means of requesting a cancellation or refund will be accepted. A cancellation fee in the amount of 20% of the purchase price of each refunded pass will be assessed. In the event that the pass order has already been sent to purchaser, the purchaser must return the pass(es) at their own expense to TCM in a trackable method prior to any refund being processed. TCM may at its sole discretion consider emergency refund requests on a case-by-case basis after the official cancellation deadline. A cancellation fee in the amount of 50% of the purchase price of each refunded pass will be assessed on any refund issued after the official deadline .
7. Code of Conduct: You agree that TCM shall have the right to refuse admittance or eject anyone (including you) from the Festival (or individual screenings or events) if they are disruptive, boisterous, offensive, drunk, drinking alcohol or smoking where prohibited, using laserlights, cell phones, beepers, blackberries, PDAs, cameras, or other electronic devices (unless medically necessary), on or in possession of illegal drugs, nude or partially nude, or otherwise impeding others from fully enjoying the Festival, and TCM may do so without providing a refund. You understand that this list is not exhaustive, and hereby agree that TCM may make the determination of what is appropriate conduct during the Festival, in its sole discretion, without providing an exhaustive list as prior notice. TCM may also, at its discretion, ban disruptive individuals from future TCM events.
8. Waiver & Indemnity: You understand and agree that there are inherent risks associated with attending any large festival, and hereby knowingly assume such risks. Accordingly, you hereby agree that in no event shall TCM, its affiliates, venue-owners, or their respective directors, officers, employees, agents, service providers, suppliers or licensors be liable for any damages resulting from your attendance at the Festival or your use or inability to use your Pass. You also agree that your refusal to accept medical treatment by a healthcare professional (if offered) after claiming to be injured at the Festival constitutes an admission that you believe your injuries (if any) are not significant enough to warrant medical attention, and you knowingly assume all risks associated with failure to accept medical treatment that was made available to you. Notwithstanding the foregoing, in no event shall TCM’s total liability arising from any claim related to the Festival or elements thereof exceed the amount you paid to TCM for the Pass. You hereby indemnify and hold harmless TCM from any claim, expense, or demand, including without limitation reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the right of a third party.
9. Miscellaneous: This Agreement may not be amended or modified other than in a writing signed by an authorized representative of TCM. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. This Agreement shall be governed by, construed and enforced in accordance with the laws of Georgia, USA. Any action you, any third party or TCM bring to enforce this Agreement or, in connection with, any matters related to this site shall be brought only in Atlanta, Georgia, USA, and you expressly consent to the jurisdiction of said courts. This Agreement and the rights and obligations under this Agreement may be transferred or assigned by TCM, in whole or in part, and terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee. TCM shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of TCM. TCM assumes no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion. (Last revised October 12, 2013)