As a consideration for being allowed entry and to participate in the 2022 Gem and Jam Festival event (the “Event” or “Gem and Jam”) produced by TJM Entertainment LLC. and its affiliates (collectively, “Gem and Jam”, “we” or “us”) the person purchasing the ticket (the “Purchaser”) and the person holding the ticket (the “Ticket Holder”) agree to comply with any and all rules, regulations, terms, and conditions of Gem and Jam and of the Event, including but not limited to all of the terms outlined in this document. (References herein to “Bearer” or “you” shall refer to Purchaser and Ticket Holder as applicable.) The terms and conditions (these “Terms and Conditions”) set forth herein apply to the Event and to this website or any other websites and web pages operated by Gem and Jam (the “Sites”). By purchasing a ticket and/or vehicle pass, attending the Event or entering any Event facility, venue or premise, Bearer agrees to these Terms and Conditions.
TERMS OF SALE
Tickets and/or wristbands (collectively, “tickets”) sold through this website or the Event’s official ticketing service provider’s website grant to the Bearer a revocable license to attend the Event that may be revoked at any time for any reason. Resale or attempted resale of any issued ticket and/or vehicle pass at a price higher than the face value is grounds for cancellation without compensation. The terms of sale of each ticket and/or vehicle pass issued pursuant to a transaction initiated on this website or the Event’s official ticketing service provider’s website are subject to any and all terms imposed by Gem and Jam. In order to be admitted to the Event, each attendee must present the wristband in its original, undamaged, unaltered form, to the venue at the appropriate time. Entry may be refused for various reasons, including but not limited to, misconduct, intoxication, possession of prohibited items or violent or aggressive behavior.
If Purchaser is obtaining tickets and/or vehicle passes for, or providing any tickets and/or vehicle passes to, any other person(s), the Purchaser recognizes that they are acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, Purchaser agrees to these Terms and Conditions on behalf of any person (including, without limitation, any Ticket Holder or Bearer) to whom Purchaser deliver any of the tickets and/or vehicle passes they have obtained, and the Purchaser shall notify any such person of these Terms and Conditions when they deliver a ticket and/or vehicle pass to that person. If Bearer has obtained a ticket and/or vehicle pass from another person, Bearer agrees to these Terms and Conditions when the ticket and/or vehicle pass is delivered to them.
Bearer assumes all risk or danger incidental to the Event, whether occurring prior to, during, or subsequent to, the actual Event. Bearer certifies that Bearer is physically able to participate in the Event and in any associated activity or performance, and that the Bearer has not been advised otherwise by a qualified medical professional.
RELEASE OF LIABILITY
THE BEARER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT. BEARER EXPRESSLY RELEASES GEM AND JAM AND THE EVENTS FACILITY, VENUE, PREMISE, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING SERVICES PROVIDER (collectively “Management”) AND ALL OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS (collectively, the “Released Parties”), FROM ANY AND ALL CLAIMS THAT THE BEARER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF ANY RELEASED PARTY. THE BEARER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE EVENT, AND HEREBY FOREVER RELEASES, DISCHARGES, AND HOLDS GEM AND JAM HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF GEM AND JAM, OR FROM THIRD PARTIES, AND THE BEARER ASSUME FULL RESPONSIBILITY AND LIABILITY FOR THEIR PARTICIPATION.
REFUNDS AND EXCHANGES
ALL SALES ARE FINAL. NO REFUNDS WILL BE GRANTED FOR ANY REASON. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH ANY PURCHASED TICKET AND/OR VEHICLE PASS IS RESCHEDULED OR CANCELLED, THE BEARER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE BEARER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THE TICKET AND/OR VEHICLE PASS TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THE TICKET AND/OR VEHICLE PASS TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT.
The ticket and/or vehicle pass is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. The ticket and/or vehicle pass is not subject to exchange except as expressly provided above. If issued as a complimentary ticket or vehicle pass, the ticket and/or vehicle pass is not exchangeable or redeemable for another ticket or pass to or for any other event or performance or for any other consideration, present or future, monetary or otherwise. Tickets and/or vehicle passes obtained from unauthorized sources may be counterfeit and worthless. Tickets and/or vehicle passes cannot be replaced if lost, stolen or destroyed, and are valid only for the Event for which they are issued. It is unlawful to reproduce any ticket and/or vehicle pass in any form.
BEARER AGREES TO NOT FILE A CHARGEBACK OR ANY TYPE OF PAYMENT REVERSAL FOR ANY REASON.
Gem and Jam is not liable for acts of God, acts of nature, weather, fires, floods, strikes, labor stoppage, protests, riots or civil commotion, terrorism or other hostilities, epidemic, pandemic (including without limitation the COVID-19 pandemic), widespread plague or disease, travel bans or restrictions, sanctions, quarantine restrictions, or acts, orders, rules or regulations of any government or governmental agency (whether domestic, federal, national, state, or local), or any other acts, matter or things, whether or not of a similar nature, which are beyond the control of Gem and Jam. Tickets and vehicle passes are non refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, pandemic, governmental regulation, the failure to obtain required governmental permits, conditions beyond Gem and Jam’s control, or any other force majeure event described above. Management reserves all rights not expressly granted to the Bearer by these terms. Please read our Ticketing FAQ for more information.
The following items are prohibited inside the Event venue, facility and premises: pets or animals of any kind, unmanned aerial vehicles (UAVs) or drones of any size, guns or weapons of any kind, fireworks or explosives, laser or handheld laser pointers, any drugs classified as illegal by the local municipality, the State of Arizona or the United States federal government, excessive amounts of alcohol that exceed what is deemed to be for personal use, live plants, and any other item Management deems to be inappropriate for the Event or that may present a potential safety risk.
Bearer and Bearer’s belongings may be searched for prohibited items and non-ticket holding individuals upon entry into the Event, and Bearer consents to such searches and waives any related claims that might arise against any Released Parties. If the Bearer elects not to consent to such searches, the Bearer will be denied entry into the Event.
RESERVATION OF RIGHTS
Management reserves the right to refuse admission to or eject any person whose conduct is deemed by Management, at Management’s sole discretion, to be undesirable, including, without limitation, disorderly conduct, use of vulgar or abusive language toward Event staff or other attendees, or failure to follow Management or venue or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the Bearer. The exercise of Management’s ejection rights hereunder does not entitle the Bearer (or Purchaser) to a refund of the ticket price or any part thereof. The ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at Management’s discretion.
COPYRIGHT / LOGO
Bearer acknowledge that “Gem and Jam Festival,” “G&J,” “Gem & Jam,” and all logos and symbols associated therewith are registered trademarks owned by TJM Entertainment, LLC. and that Gem and Jam has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Gem and Jam, including any likenesses, drawings, and representations of the Event (collectively, “Gem and Jam Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF GEM & JAM, BEARER UNDERSTANDS THAT SUCH PERSON MAY NOT USE ANY GEM AND JAM INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, UNLESS THE USE IS AUTHORIZED IN WRITING BY GEM AND JAM.
PHOTO / VIDEO / DRONES
By entering the Event, Bearer agrees to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Bearer may only use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or GEM AND JAM); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).
BEARER UNDERSTANDS AND ACCEPTS THAT BEARER MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM GEM AND JAM, OTHER THAN PERSONAL USE AS DEFINED ABOVE. Bearer understands that Bearer has no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agree to inform anyone to whom Event Imagery is given that it can only be used for Personal Use. Bearer further agrees to be bound by the Event’s following photography policy: “By attending the Event, you consent to being filmed and or photographed, whereas your image, voice, and likeness may be used by Gem and Jam for promotional purposes. Any photography or video taken at the Event, whether in digital or analog format, is subject to a mandatory, non-exclusive license to the Gem and Jam for use in promotional purposes. Any artwork or performances sponsored by the Event or taking place on Event grounds is also subject to a mandatory, non-exclusive license to Gem and Jam for use in promotional purposes. You consent that you will only use 360-degree cameras, DSLRs or cameras with detachable lenses to take pictures or video at the Event if you have obtained a media credential from Gem and Jam.”
All persons or parties that desire to use DSLRs or cameras with detachable lenses at the Event are required to have media credentials to take pictures at the Event. Parties wishing to obtain media credentials can submit a Press Request Form, which form will be made available on the festival website. Any person or party interested in making any commercial use of their documentation (including without limitation Gem and Jam Intellectual Property or Event Imagery) of the Event or in distributing Event Imagery (including footage) beyond Personal Use is required to enter into a separate written agreement with Gem and Jam prior to any such use. For the avoidance of doubt, Gem and Jam is not required to approve any such use or to enter into a written agreement for such use with any person or party and will enter into such agreements at its sole discretion.
Bearer acknowledges that the use of drones is specifically prohibited at the Event. Bearer agree to be bound by the terms of the Event’s following Drone Policy: “To ensure the safety and enjoyment of all Event Management, attendees, artists, and staff, Gem and Jam strictly prohibits the operation of or use of any unmanned aerial vehicles (UAVs), also known as drones, on, from, or above any and all Event premises, facilities, venues, activities, or events without specific written permission from an official of Gem and Jam. This includes all UAVs regardless of size, weight, or purpose. If you are found to be using or in the possession of a UAV or Drone while at the Event, it will be confiscated by Event staff and held for the remainder of the Event.”
Bearer acknowledges that people will be using film, video, and photographic cameras at the Event, and that the Bearer’s image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without Bearer’s consent or payment of compensation to Bearer, and the Bearer releases each of the Released Parties from any liability due to such capturing, display, or dissemination.
Gem and Jam generally permits the use of Event-related intellectual property, without payment of any license fee, on materials that are given away at or in connection with the Event (“Gift Materials”), with the following conditions: (1) Gem and Jam may, for any reason in its discretion, determine that such use is not in keeping with Gem and Jam’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.
CONSENT TO ELECTRONIC COMMUNICATION
Bearer agrees that we may provide electronically any and all communications concerning tickets and/or any payment plan entered into as well as any disclosures required by federal or state law. Bearer’s consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans obtained through us.
CONSENT TO HEALTH RULES AND MEDICATION
Bearer agrees to comply with any and all health rules, regulations, terms, and conditions of the Event, whether established by Management, any venue or facility, or government or health authorities, including, but not limited to rules with respect to masks, social distancing, health screening activities (including COVID-19 tests), and vaccination requirements. Bearer will follow all instructions when entering any venue or facility and while attending the Event, whether posted or otherwise communicated verbally or in writing by Management staff, employees, representatives or contractors, police, or government or health authorities. If Bear refuses or fails to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, Bearer acknowledges and agrees that Bearer may not be permitted to attend the Event and/or may be removed from the Event.
Bearer authorizes, and consents to, Management and Management staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by Management, any venue or facility, or government or health authorities. As a result of such public health safety screening activities, Bearer acknowledges and agrees that Bearer may not be permitted to attend the Event.
Bearer consents to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. Bearer releases each of the Released Parties and all persons participating in any such medical treatment from all responsibility for any such actions.
BY ATTENDING THE EVENT OR ENTERING ANY EVENT FACILITY, VENUE OR PREMISE, BEARER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGES AND AGREES THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH TO YOU OR YOUR FAMILY. Bearer holds each of the Released Parties and all persons participating in any medical treatment harmless should Bearer contract any illness, disease, bacteria, virus, pathogen or any other malady while attending the Event or as a result of attending the Event.
Bearer acknowledges that all tickets will be emailed to the email address provided to the Event’s ticketing service provider at the time of purchase. Tickets will be emailed exclusively to the Purchaser and not to any other person or entity. The email address may be updated until the designated date established by Gem and Jam. Each of the Released Parties will be held harmless and will not resend deliveries deemed undeliverable, mislabeled or damaged, including, without limitation, as a result of addresses not changed in the ticketing service provider’s system, computer errors, or any other known or unknown issues. All undelivered tickets will have to be picked up at Will Call at the Event without exception.
For any ticket or vehicle pass sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, Bearer is not able to purchase any tickets or vehicle passes through the sale process, or Bearer’s registration for a sale or the purchase of tickets or vehicle passes is not processed, or Bearer receives a notice that their ticket or vehicle pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and Bearer’s credit card payment is credited to Bearer’s credit card account, Bearer waives any claim against each of the Released Parties and holds harmless and releases each of the Released Parties from any and all liability.
Management retains the right to cancel, rescind or revoke any ticket purchases or vehicle pass purchases at any time for any reason whatsoever at Management’s sole discretion. Only ticket orders placed through the Event’s official ticketing service provider’s website are guaranteed to be authentic. Please visit the website for ticketing FAQs, general FAQs and other information regarding the types of tickets available and purchasing tickets and car/RV passes.
FOOD AND FOOD VENDORS
Bearer understands that food will be sold at the Event. Each of the Released Parties bears no responsibility and will be held harmless for the contraction of or additional issues arising from food borne illnesses, food allergies or any other issues arising from the distribution, sale or consumption of food at the Event. Further, each of the Released Parties will be held harmless for any issues with food brought in by the Bearer or any other attendees.
Bearer understands that Bearer must bring enough food, water, shelter, and first aid to last the duration of the Event in a potentially harsh environment. See the Camping FAQ for more information and packing guidelines.
ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A CAR CAMPING OR RV PASS DISPLAYED IN THE WINDSHIELD. Bearer understands that a vehicle pass only grants the ability to drive a vehicle into the Event site and directly to the camp location as directed by Event staff and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. Each stand-alone vehicle driven through the Event gate must have a vehicle pass. Management reserves the right to subject the use of vehicle passes to further terms and conditions, which would be published on the Site and/or at the Event.
Bearer understands that vehicle passes are not Event tickets and do not grant any person entry into the Event without a separate Event ticket. Likewise, the purchase of an Event ticket does not include the right to drive a motor vehicle into the Event or reserve a vehicle pass for that Bearer. Bearer understands that they may not purchase ONLY a vehicle pass; to purchase a vehicle pass, Bearer must also purchase at least one Event ticket. Bearer understands that if they (or Purchaser) purchase only a vehicle pass, the order may be canceled. No ticket refunds will be issued because the Bearer (or Purchaser) neglected or was unable to acquire a vehicle pass from Gem and Jam. To help mitigate traffic issues, Management reserves the right to limit the number of car camping and RV camping passes available for the Event, and the number of vehicle passes an individual may purchase. See the Camping FAQ for more information.
RECYCLING / TRASH REMOVAL
The Event is a “pack it in, pack it out” event and we strive to have zero impact on the land used or possessed during the Event. Bearer agrees to use only designated trash and/or recycling receptacles prior to, during and after the event. Bearer agrees under no circumstance to leave trash or recycling in the Event confines or anywhere surrounding the venue. Gem and Jam asks that you not bring single serve plastic bottles into the Event. Trash or recycling may not be buried, burned or disposed of in any body of water. Violation of these terms may lead to immediate expulsion from the Event.
Vending without Authorization
Bearer understands that commercial vending of any kind, including without limitation, the provision of any goods or services delivered to or at the Event for a prepaid fee, is prohibited except as authorized by Gem and Jam. No sponsorship, on site marketing, sampling, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent Gem and Jam’s prior written approval in each instance.
The Bearer acknowledges that attendees under the age of 18 may be at the Event. No minor will be allowed to enter the Event without a parent or court designated legal guardian (paperwork must be provided to Gem and Jam proving such guardianship) over the age of 25. All minors over the age of 6 must have a ticket purchased at the box office prior to entering the Event. No previously purchased ticket will be refunded if minor tickets are sold out at the box office. Bearer agrees that they will be responsible at all times for any and all minors in their care. Bearer agrees to the contractual terms contained in this document on behalf of the minor.
COMPLIANCE OF FACILITY RULES
The Bearer agrees to comply with all local municipalities, the State of Arizona or the United States federal government and/or venue or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, and all other prohibited items from being brought into the Event premises.
These Terms and Conditions shall be governed by and enforced according to the laws of the State of Arizona without regard to any rules relating to conflicts of laws. Bearer understands that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Phoenix, AZ and Bearer will submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. No agency, partnership, joint venture or other relationship is intended or created by your attendance at the Event or use of the Sites. These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied. If any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each section is for reference purposes and no way defines the scope or extent of such paragraph.
Bearer understands that these Terms and Conditions may be changed by Gem and Jam prior to the Event, and if so, the revised Terms and Conditions will apply to the Bearer. Bearer’s use of a ticket, wristband or other entry credential for entry to the Event signifies Bearer’s binding agreement to the Terms and Conditions in effect at the time of Bearer’s entry to the Event.
BEARER ACKNOWLEDGES THAT BEARER HAS READ AND FULLY UNDERSTANDS THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT AND OTHER INFORMATION REGARDING THE EVENT AND GEM AND JAM CONTAINED ON THE SITES. BEARER UNDERSTANDS THAT BEARER HAS GIVEN UP SUBSTANTIAL RIGHTS, AND BEARER DOES SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.