Terms & Conditions
The St. Augustine Food + Wine Festival is presented by The AdFish Group. Any references made to The St. Augustine Food + Wine Festival, or the AdFish Group, LLC should be considered applicable to all entities.
The AdFish Group, LLC operates the web sites staugustinefoodandwinefestival.com. Any reference made to one or the other web site shall be considered applicable to both sites.
Before using these web sites, read these terms and conditions carefully. By using these websites you confirm your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website.
1. Use of this Website. The website design and all text, graphics, information, content, and any other material displayed on or that can be downloaded from this website is either the property of, or used with permission by ST. AUGUSTINE FOOD AND WINE FESTIVAL. They are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
2. Trademarks. Certain trademarks, trade names, service marks and logos which are used or displayed on this website are registered and unregistered trademarks, trade names and service marks of ST. AUGUSTINE FOOD AND WINE FESTIVAL and its associated companies. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including ST. AUGUSTINE FOOD AND WINE FESTIVAL and its associated companies. Nothing contained on this website grants or should be construed as granting, by implication or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of ST. AUGUSTINE FOOD AND WINE FESTIVAL or such third party owner.
3. Content and Specifications. All features, content, specifications, and prices of services described on this website are subject to change at any time without notice.
4. Accuracy of Information. ST. AUGUSTINE FOOD AND WINE FESTIVAL attempts to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this website. We reserve the right, without prior notice, to limit the service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order.
5. Linking to this Website. You may not create or maintain any link from another website to any page on this website without the prior permission of ST. AUGUSTINE FOOD AND WINE FESTIVAL. Running or displaying this website or any material displayed on this website in frames or by similar means on another website without ST. AUGUSTINE FOOD AND WINE FESTIVAL’s prior written permission is prohibited. Any permitted links to this website must comply will all universally applicable laws, rules and regulations.
6. Third Party Links. This Website may, from time to time, contain links to websites that are not owned, operated or controlled by ST. AUGUSTINE FOOD AND WINE FESTIVAL, or its associated parties. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither ST. AUGUSTINE FOOD AND WINE FESTIVAL nor any of its associated companies are responsible for any content, materials or other information located on or accessible from any other Website. Nor do ST. AUGUSTINE FOOD AND WINE FESTIVAL or any of its associated companies guarantee, endorse or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from staugustinefoodandwinefest.com, you do so entirely at your own risk.
7. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that ST. AUGUSTINE FOOD AND WINE FESTIVAL may have at law or in equity, if ST. AUGUSTINE FOOD AND WINE FESTIVAL reasonably determines that you have violated or are likely to violate the foregoing prohibitions, ST. AUGUSTINE FOOD AND WINE FESTIVAL may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. ST. AUGUSTINE FOOD AND WINE FESTIVAL will fully cooperate with any law enforcement authority or court order or subpoena requesting or directing ST. AUGUSTINE FOOD AND WINE FESTIVAL to disclose the identity of anyone posting such materials.
8. User Information. Other than personally identifiable information, which is subject to this website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner is and will be considered non-confidential and non-proprietary. ST. AUGUSTINE FOOD AND WINE FESTIVAL and each of its affiliates and/or their designees may use any or all aforementioned communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. ST. AUGUSTINE FOOD AND WINE FESTIVAL may, but is not obligated to, monitor or review any user communications. ST. AUGUSTINE FOOD AND WINE FESTIVAL shall have no obligation to use, return, review, or respond to any user communications nor will ST. AUGUSTINE FOOD AND WINE FESTIVAL will have any liability related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ST. AUGUSTINE FOOD AND WINE FESTIVAL retains the right to remove any or all user communications that includes any material ST. AUGUSTINE FOOD AND WINE FESTIVAL deems inappropriate or unacceptable.
9. Disclaimers. The use of this web site is at your own risk. Any materials and/or services provided in connection or on this web site are provided on an “as is” basis and as such are provided without any warranties of any kind. Neither ST. AUGUSTINE FOOD AND WINE FESTIVAL nor its associated companies warrant the accuracy or completeness of any materials or services on or through savannahfoodandwinefest.com. It may be that certain materials and/or services provided on this website are out of date. Neither ST. AUGUSTINE FOOD AND WINE FESTIVAL and/or its associated companies make any commitment or assumes any duty to update such material and/or services. These foregoing exclusions do not apply to the extent as prohibited by law.
10. Limitations of Liability. The ST. AUGUSTINE FOOD AND WINE FESTIVAL assumes no indirect liability or responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.
IN NO EVENT WILL ST. AUGUSTINE FOOD AND WINE FESTIVAL OR ITS ASSOCIATED COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR ONLY REMEDY IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
11. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and ST. AUGUSTINE FOOD AND WINE FESTIVAL to the extent necessary to resolve any inconsistency or ambiguity between them. This Website is administered by ST. AUGUSTINE FOOD AND WINE FESTIVAL from its offices in the State of Florida. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website shall be brought only in the courts of the State of Florida. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. Account Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
13. Ticket Purchases. Any and all tickets purchased for events to the ST. AUGUSTINE FOOD AND WINE FESTIVAL are NON-REFUNDABLE under any and all circumstances, NO exceptions. All events are rain or shine. The Festival may at it’s sole discretion re-schedule and/or postpone an event by providing notice to ticket holders of record. The Festival will NOT refund ticket purchases to any re-scheduled or postponed event, any/all such previously purchased tickets shall be honored at the new event date and time. This clause shall encompass all festival ticket purchases, be they purchased directly through our web site portal, an approved retail partner or approved affiliate ticket partner such as, but not limited to, Groupon or Living Social. Furthermore, any and all Festival tickets are NOT approved for resale in any manner or circumstance and any such re-sold ticket(s) shall be deemed by the Festival to be VOID. You may be required to provide proof of purchase identification to any event.
Furthermore, the purchase and/or use of all tickets to ST. AUGUSTINE FOOD AND WINE FESTIVAL events are subject to the legal disclaimer below:
LEGAL DISCLAIMER
In exchange for allowing you to purchase or possess a ticket to, attend and participate in any ST. AUGUSTINE FOOD AND WINE FESTIVAL event, the sufficiency of such consideration being hereby acknowledged, I/you accept and agree to the following:
As used herein, the term “ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliate(s)” shall collectively refer to and include: the ST. AUGUSTINE FOOD AND WINE FESTIVAL, its owners, officers, directors, agents and assigns; its event management, production affiliates and venues; the Tourism Leadership Council and its owners, officers, directors, agents and assigns; The AdFish Group and its owners, officers, directors, agents and assigns; and all SW&MF contractors, volunteers, participants and exhibitors.
A. Ticket Purchase and Policies
All Ticket purchasers and/or holders, including you and any minor child or children for whom you have the capacity to contract (collectively, “Ticket Holders”), are subject to all terms and conditions set forth herein and all other applicable policies of the ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliates (“Policies”). As it may be, that persons can purchase tickets to ST. AUGUSTINE FOOD AND WINE FESTIVAL , that may not be intended for their personal use, but for use by a third party or entity, it shall be the sole responsibility of the person(s) purchasing such ticket(s) to make aware and/or inform such ticket holder(s) of the “Terms & Conditions” for such tickets as contained herein at the time of purchase. Affiliates may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all Policies without advanced, direct or individual notification (collectively “Revision(s)”) by posting Revisions on the festival’s website located at www.staugustinefoodandwinefestival.com, and all Revisions shall relate back to the date of Ticket purchase.
B. Revocable License
Each ticket conveys a revocable license to enter the ST. AUGUSTINE FOOD AND WINE FESTIVAL at the date(s) and time(s) listed on the ticket only. ST. AUGUSTINE FOOD AND WINE FESTIVAL reserves the right, without paying a refund, to refuse a Ticket Holder’s entry to or to eject a Ticket Holder from any ST. AUGUSTINE FOOD AND WINE FESTIVAL event for failure to comply with all Policies, venue rules, applicable laws, and health screening and security measures, the determination of said failure being subject to ST. AUGUSTINE FOOD AND WINE FESTIVAL’s sole discretion.
C. Changes to Line-Up, Date or Venue
ST. AUGUSTINE FOOD AND WINE FESTIVAL venues, participant line-ups, dates and times are subject to change without notification.
D. Lost, Stolen or Destroyed Tickets
ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliates assume no legal, financial, or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets.
E. No “Scalping” or Resale
Tickets are intended for personal use only. The resale or the attempted of any Ticket at a price greater than face value is strictly prohibited. In such case, ST. AUGUSTINE FOOD AND WINE FESTIVAL shall have the right to cancel all or part of the applicable ticket order.
F. Force Majeure Events
Upon the occurrence of a force majeure event, including but not limited to, events outside ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliates’ control, acts of God, pandemics, outbreaks, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), or any other event(s) that may be adjudicated to be a force majeure event under Florida law, ST. AUGUSTINE FOOD AND WINE FESTIVAL shall, at its sole and absolute discretion, have the right, but not the obligation, to: (a) issue a refund; (b) elect to postpone the Festival; or (c) cancel the Festival without further legal or financial obligation or liability to you.
G. Refunds
If ST. AUGUSTINE FOOD AND WINE FESTIVAL elects to issue a refund, the Ticket purchaser of record only shall be refunded in an amount equivalent to the face value of Ticket(s). Purchaser shall not be entitled to a refund of any shipping, handling or other processing fees.
H. Notifications of Festival Cancellation or Postponement
If the Festival is cancelled or postponed, whether in whole or in part, or if a Venue is closed, ST. AUGUSTINE FOOD AND WINE FESTIVAL shall post a notification on its website and social media channels relating to such cancellation or postponement. Every attempt to email ticket purchasers of record will be made.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
This Festival is a “Rain or Shine” Festival. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases.
I. Ticket Confirmations; Proof of Delivery
Ticket order confirmation shall serve as conclusive and indisputable proof of delivery of Ticket(s).
ASSUMPTION OF RISKS, RELEASE, WAIVER OF LIABILITY AND COVENENT NOT TO SUE
Ticket Holder fully understands and acknowledges there are risks incidental to attending any ST. AUGUSTINE FOOD AND WINE FESTIVAL event, including but not limited to the risks of personal injury and/or damage to property (“Risks”). Ticket Holder fully assumes liability for any and all Risks, whether known or unknown (“Risks”) by Ticket Holder, and RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE any ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliate from or for any alleged damages related to or arising out of said Risks, to the fullest extent permitted by Florida law.
J. COVID-19 and/or Other Contagions
Ticket Holder understands and fully acknowledges the risks and hazards of the novel coronavirus COVID-19 (“COVID-19”) and/or other contagions, is familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19 and/or other contagions, acknowledges and understands that the circumstances regarding COVID-19 and/or other contagions change regularly, and that, accordingly, the CDC guidelines are regularly modified and/or updated. Ticket Holder therefore assumes and accepts full responsibility for compliance with said CDC regulations.
Ticket Holder freely and willingly chooses to attend and participate in the ST. AUGUSTINE FOOD AND WINE FESTIVAL notwithstanding the risks and hazards of COVID-19 and/or other contagions and acknowledges that COVID-19 and/or other contagions is one of the Risks identifies in the paragraph above, and expressly agrees to RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE any ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliate from or for any alleged damages related to or arising out of COVID-19 and/or other contagions, to the fullest extent permitted by Florida law.
K. Lost or Stolen Property
ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliates shall not be held responsible, financially, or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere during an ST. AUGUSTINE FOOD AND WINE FESTIVAL event, regardless of fault.
L. Indemnification
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by Ticket Holder and ST. AUGUSTINE FOOD AND WINE FESTIVAL, Ticket Holder agrees to defend, covenant not to sue, indemnify, save and hold harmless and forever release, all ST. AUGUSTINE FOOD AND WINE FESTIVAL Affiliates from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the fullest extent permitted by Florida law.
M. Right to Record and Exploit Your Image
In exchange for additional consideration, Your ticket is receipt and sufficiency of which is acknowledged herein by You and ST. AUGUSTINE FOOD AND WINE FESTIVAL and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. ST. AUGUSTINE FOOD AND WINE FESTIVAL shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that ST. AUGUSTINE FOOD AND WINE FESTIVAL shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and ST. AUGUSTINE FOOD AND WINE FESTIVAL, ST. AUGUSTINE FOOD AND WINE FESTIVAL shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
N. No Illicit Drugs
ST. AUGUSTINE FOOD AND WINE FESTIVAL and the venue maintains a zero-tolerance policy regarding the illegal or illicit drug use at the venue or otherwise during the Festival. The discovery of any prohibited items shall constitute a violation of ST. AUGUSTINE FOOD AND WINE FESTIVAL’s anti-drug policies and shall correspondingly give ST. AUGUSTINE FOOD AND WINE FESTIVAL the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and ST. AUGUSTINE FOOD AND WINE FESTIVAL, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of anything in violation of these terms and conditions.
O. Prohibited Items and Activities
The following items and activities are strictly prohibited at the Festival: the use of video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags; skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of ST. AUGUSTINE FOOD AND WINE FESTIVAL. ST. AUGUSTINE FOOD AND WINE FESTIVAL reserves the right to terminate Your License to the venue at any time if You engage in any prohibited activities.
P. Assignment
ST. AUGUSTINE FOOD AND WINE FESTIVAL shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
Q. Integration Clause
You agree that the terms and conditions contained herein, and as amended from time to time by ST. AUGUSTINE FOOD AND WINE FESTIVAL, represent the entire agreement between You and the ST. AUGUSTINE FOOD AND WINE FESTIVAL with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
R. Arbitration of Disputes
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and ST. AUGUSTINE FOOD AND WINE FESTIVAL or You and any company or person employed by or which is affiliated with either ST. AUGUSTINE FOOD AND WINE FESTIVAL, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Florida law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights 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 IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). 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.
S. Chargeback Disputes
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth above, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that ST. AUGUSTINE FOOD AND WINE FESTIVAL shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
T. Miscellaneous
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 21 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of ST. AUGUSTINE FOOD AND WINE FESTIVAL.
14. Revisions to these Terms and Conditions. ST. AUGUSTINE FOOD AND WINE FESTIVAL may revise these Terms and Conditions at any time and/or from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.
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