Save the Date: February 20-23, 2025

Save the Date:
February 20-23, 2025

Ticketing & Privacy Policy

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), AND WAIVERS OF IMPORTANT LEGAL RIGHTS. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS.

Any purchase or possession of tickets (including wristbands and credentials, collectively, the “Ticket(s)”) for The Food Network South Beach Wine & Food Festival presented by Capital One (“Festival”) constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein, by ticketholder as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “Holder”, and/or “You”). Holder further acknowledges and agrees that the Festival may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained in this Agreement, without advanced, direct or individual notification to you and such revisions shall, at the sole and absolute option of the Festival, relate back to the date of purchase. Please check back periodically for changes. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS, MANDATES AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR IF YOU DO NOT AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, DO NO UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.

FESTIVAL ORGANIZERS

The Festival is hosted by The Florida International University Board of Trustees (“FIU”) and Southern Glazer’s Wine & Spirits (“SGWS”) (collectively, FIU and SGWS shall be known as the “Festival Organizers”). The amount of any tax-deductible donation associated with this Purchase will be provided upon request at a later date in accordance with applicable law, and shall benefit FIU’s Chaplin School of Hospitality & Tourism Management in support of its capital, operational and student needs.

 

AGE REQUIREMENTS

All attendees must be 21 years of age or older (except for those family events specifically designated by the Festival where age limit does not apply). A valid government issued photo identification of Holder (“ID”) may be required to be presented at the Event or other points of check-in in order to gain entry into the Festival. Holder agrees that the information provided on the ID presented by Holder is valid, true, and correct and relates to Holder. Failure to comply with the age requirements hereunder constitutes a material breach of this Agreement by Holder. In the event of a breach of this provision, Festival Organizers reserves the right, WITHOUT THE OBLIGATION TO REFUND ANY AMOUNTS PAID FOR THE TICKET, to refuse or revoke entry to the Festival to any person who is not at least 21 years of age on date of attendance (except for those family events specifically designated by the Festival where age limit does not apply).

ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; RESALE RESTRICTIONS

All events, prices, personalities, performances, venues, dates and times are subject to change without notice. AALL SALES ARE FINAL. THIS TICKET WILL NOT BE REPLACED, REFUNDED OR EXCHANGED FOR ANY REASON WHATSOEVER..  Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Festival Organizers.

 

ASSUMPTION OF ALL RISKS

  1. Loss or Damage to Personal Property; Personal Injury. Holder hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Festival, the purchase of Tickets hereunder or use of the Festival site, including those arising from, or relating to, the acts or omissions of third parties (including Festival attendees, Venue owners, operators, staff, employees or agents; or Festival Organizers, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Holder’s personal property and risks of personal injury. Festival Organizers and their 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 Festival or at Festival’s access/entry points, or (ii) for personal injuries sustained by Holder in the Festival, whether such injuries or manifestation of such injuries occur during or subsequent to the Festival. You further acknowledge and agree that Festival Organizer shall have no duty to mitigate any of Your potential or actual losses sustained hereunder.
  2. Public Health. WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued (“Event”), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease.

 

INDEMNIFICATION

  Holder shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Festival Organizers (and Festival Organizers’ sponsors, Festival Organizers’ contractors, the third party Event operator and each of the foregoing’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees (collectively “Indemnitees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Holder’s negligent or wrongful acts. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

 

INCLEMENT WEATHER/EVENT CHANGES/FORCE MAJEURE

Festival Organizers shall have no responsibility, financial or otherwise, for Event and/or Festival cancellation, delay or interruption due to inclement weather, if the Festival or any of its Event(s) is postponed or canceled by the Festival Organizers due to public health and/or safety concerns, or other acts beyond its control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Festival Organizers in their sole and absolute discretion as provided herein. Upon the occurrence of the Event and/or Festival cancellation due to reasons outlined herein, including but not limited to, events outside the Festival’s reasonable control, acts of God, public health emergencies (including, but not limited to, as a result of epidemics and pandemics); riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction, Festival Organizers shall, at their sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at its sole and absolute discretion, (b) elect to postpone the Event and/or the Festival OR (c) cancel the Event and/or the Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival’s cancellations. If the Festival Organizers elect to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees.

 

DATA COLLECTION

Upon accessing and using the Festival’s site, Holder acknowledges and agrees that Festival Organizers may AUTOMATICALLY COLLECT, STORE AND USE Holder’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 Festival Organizers diagnose problems and improve the Festival’s site for user experience. In order to purchase a Ticket(s), Holder acknowledges and agrees that Holder 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”). Holder acknowledges and agrees that Festival Organizers may COLLECT, STORE AND USE the Personal Information for legitimate business purposes, such as, but not limited to, processing Holder’s payment, fulfilling Holder’s order, updating Holder with the order status, shipping and tracking information, responding to customer service requests, and providing updated information to Holder respecting the Event, among others. Additionally, as a condition to gain access to the Festival and attend the Event, Holder of the Ticket hereby AFFIRMATIVELY, KNOWINGLY AND VOLUNTARILY CONSENTS to Event Organizers collecting, storing and otherwise utilizing Holder’s ID at the Event gates or other points of check-in for legitimate business purposes and in accordance with Event Organizer’s privacy policy located at https://sobewff.org/about/terms-privacy-policy/, including Holder’s photo, legal name, date of birth, sex, address of record, telephone number and any other personal information obtained from Holder’s ID. If we decide to change our privacy policy, we will post those changes on this page.

RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS

By using this ticket, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Festival (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised. No cameras or recording devices are permitted at the Event, except as approved in advance by the Festival Organizers.

BAG POLICY

For everyone’s safety, all attendees must abide by the Festival’s Bag Policy, found at https://sobewff.org/bagpolicy.   Attendees will not be permitted to bring non-approved bags into Festival Events under any circumstances.

 

CODE OF CONDUCT

Holder acknowledges that Festival has additional rules and requirements; all of them set forth in the Festival’s Code of Conduct, found at: https://sobewff.org/about/terms-privacy-policy/.  All attendees (including ticket holders, sponsors, speakers, media, exhibitors and other participants) must abide by the aforementioned Festival’s Code of Conduct at all times. Anyone found to be in violation of any of such terms will be asked to immediately leave the Event, without refund.

DRINKING POLICY

As responsible members of the community, Festival Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Festival. Attendees who consume alcoholic beverages must do so in a responsible manner. If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point. Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving. Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.

WEAPONS-FREE POLICY

Possession of any dangerous article, including but not limited to, firearms, destructive devices, explosives, slingshots, weapons, tear gas guns, electric weapons or devices and fireworks, are expressly prohibited at the Festival in accordance with Florida Statutes Section 790.115, except as provided by Florida law. Holder agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official Festival Event.

NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice https://www.ada.gov/resources/service-animals-2010-requirements/ .

 

ACCOMMODATIONS

To request materials in accessible format, register a service animal and or secure an accommodation, please contact FIU’s Office of Civil Rights Compliance and Accessibility (OCRCA) at 305.348.2785 or [email protected] at least two weeks in advance of the event or at the earliest possible opportunity.

GOVERNING LAW

Any claim arising from or relating to this Agreement, the Festival, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of Holder’s residence, is governed by, and construed in accordance with, federal and Florida law, without regard to conflict of laws principles, and venue shall lie in Miami-Dade County. If any provision of this Agreement hall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

CONTACTING US

If there are any questions regarding this Agreement, you may contact us at [email protected].