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RULES & LEGAL GUIDELINES If you are interested in participating in 'Joy Ride Rally 2007' or any other event promoted on the site then please submit your details to us for consideration. Your participation in the Event will be subject to our approval and our decision will be final. Appeals against our decision will not be heard. If we approve your entry into the Rally then you may only take part in the Rally provided you adhere to the Terms & Conditions of entry to the Rally which are available to read in the 'legal' section. INTELLECTUAL PROPERTY RIGHTS All rights are reserved, except as expressly allowed by JoyRideRally LLC in signed contract. IMPORTANT NOTICE - DISCLAIMER We do not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this site and we disclaim all warranties and conditions, including implied warranties and conditions or satisfactory quality, fitness for a particular purpose and non-infringement. Due to the inherent risks in using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or other property when using or browsing the site or when downloading any data, text, images, video or audio from the site or sending any e-postcards we shall not be liable for any loss, claim, damage, or any punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings or loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or its contents, (ii) any failure or delay in the use of or inability to use any component of the site and (iii) any information, software, products, services and related graphics obtained through the site in all cases even if we have been forewarned of such loss or damage. We may provide links to other sites, resources, advertisements or sponsorships either directly or through our contractual partners. We accept no responsibility for these links and do not endorse their contents. If you decide to access other web sites or have any dealings with third parties, you do so at your own risk. PRIVACY POLICY We may ask you to provide personal information about yourself or any other person who wishes to enter the Rally and you may receive information about JoyRideRally LLC from time to time. TERMS AND CONDITIONS Introduction Joy Ride rally is a 'joy rally' and is intended to be a vacation for all involved. If that's your intent, you are welcome to apply for entry. We don't need or want people who destroy fun or otherwise wreck havoc wherever they go. For safety reasons, we ask that everyone use their best judgment in all aspects of the run. Joy Ride Rally reserves the right to deny access to anyone for any reason. Entry Entry in this event by accepted application only. The entry fee of $12,500. US Dollars is to be paid in full according to the terms set out on application. This fee includes the applicant and one passenger. One additional passenger can be added for $4000 US Dollars and includes events and food only. One additional support vehicle can be added with 2 persons. Please contact us for details. Payment The entry fee for your vehicle and any additional fees for additional passengers and/or drivers or for your support vehicle are due and payable within dates specified on the Application. Failure to pay the full entry fee by the specified date will lead to loss of Event entry and deposits. Age You must be over [21] years of age on April 19th 2007 in order to be an Entrant in the Event. Passengers under the age of 18 are subject to JoyRide Rally's acceptance. Comply You must comply with all applicable laws and regulations of the state in which you are traveling, including but without limitation, all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs or other prohibited substances. If you breach speed regulations or laws of the road. JoyRideRally LLC reserves the right to exclude you from further participation in the Event. You must participate in the Event in the vehicle you stated you would when completing the entry form. You will only be able to participate in another vehicle subject to the JoyRideRallys LLC consent. If the JoyRideRally LLC does not consent to the replacement vehicle, you will have to rent an acceptable vehicle or forfeit your entry fee. Entrance in the rally is not transferable ever. Responsibility JoyRideRally LLC accepts no responsibility for the consequences of your actions during the rally. It is your responsibility to pay any fines levied or other fees. A credit card will be required at every hotel to cover any extras beyond room rates, or damage. You will need to provide proof of full insurance for your vehicle and have current vehicle registration plainly visible. All drivers must carry a current unrestricted drivers license as well. Driving Responsibility You agree to not consume alcohol while driving. You agree to not drive under the influence of alcohol, or any other drug, at any time. If the JoyRideRally LLC finds you under the influence of alcohol or drug while driving or attempting to drive, JoyRideRally LLC reserves the right to prohibit you from participating further in the Event and call the Highway Patrol. Indemnify You will indemnify JoyRideRally LLC, its directors, officers, employees and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of your action or participation in the Event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions of Entry. Insurance You shall obtain and maintain appropriate insurance covering your participation in the Event and shall provide proof of such insurance in a form satisfactory to JoyRideRally LLC . Appropriate insurance includes, without limitation, third party liability, liability cover for yourself, medical, damage to property and life insurance and also cover for your vehicle's participation in the Event. You will also be required to provide an endorsement on your policy for JoyRideRally LLC that covers all Event days plus one before and one after. Force Majeure The parties are not responsible if they cannot fulfill their obligations resulting from the contracts in cases of natural disaster, terror attack, war or any other event beyond JoyRideRally LLC's control. Wraps You agree to have the JoyRideRally logo and official Event sponsors' wraps attached to your vehicle (and any support vehicle if the JoyRideRally LLC so requires) during the entire Event. You are not entitled to move, deface, cover or otherwise obscure such wraps. Wraps are non-permanent and easily removable without damaging vehicle finishes. JoyRideRally LLC will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such wraps. Personal Sponsorship Personal sponsorship for your vehicle, your support vehicle or any other advertising is only permitted if you obtain JoyRideRally LLC's prior written consent. You will be entitled to place your own business names, marks or logos in designated positions on your vehicle and your support vehicle. Wraps will all be made by 'Exotic Car Wraps' alone, with no others allowed. Unauthorized Sponsorship If you arrive at or attempt to participate in the Event with your vehicle, support vehicle or any other advertising displaying the branding of a sponsor that has not been authorized by JoyRideRally LLC, you will be required to remove such advertising. Failing to do so will force expultion from the Event without refund. Refunds NO refunds of the entry fee will be made under any circumstances, except those covered by our full payment guarantee (including, without limitation, if at any point after you have entered the Event (i.e. after paying any sum towards taking part in the Event) you are unable to participate for any reason). Refunds During Event After the commencement of the Event, the JoyRideRally LLC will NOT make any refund of the entry fee or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Event can take significant time. If you do not manage to complete any part of the route and are unable to stay at the provided venues you will NOT be entitled to any refund of the entry fee whatsoever. Upon entering the Event, venues are hired and failure to finish does not entitle you to any refund. Violation of Terms If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Event by JoyRideRally LLC , you may be prohibited from further participation in this and future Events. Refusal JoyRideRally LLC reserves the right to refuse participation in or to cancel the Event at any time for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate, no refunds of the entry fee will be made. Image Rights By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant JoyRideRally LLC full and complete permission to utilise and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity. You further agree that JoyRideRally LLC have the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if JoyRideRally LLC does use such photographs or footage, it may be edited at JoyRideRally LLC sole discretion. You consent to the use of your name, image, likeness, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. You expressly release JoyRideRally LLC, its directors, officers, agents, employees, consultants, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials. Personal Filming You are only entitled to take photographs and film footage of your participation in the Event for non-commercial purposes (that is for personal and private use only). Specifically, you are not entitled to reproduce or use photographs or footage of the Event on any website for promotion, in any printed media or matter or in any television programming without first obtaining the prior written consent of JoyRideRally LLC . You hereby agree to assign (by way of present assignment of future copyright) all your right, title and interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive worldwide rights of exploitation thereof to JoyRideRally LLC. You shall deliver to JoyRideRally LLC within 30 days of the end of the Event, at no cost to JoyRideRally LLC, a tape or dvd in the original format of all the footage originated by you at the Event and copies of all photographs taken at the Event. JoyRideRally LLC logo You shall not be entitled to use the JoyRideRally LLC logo for any purpose whatsoever (other than placing the wrap of it on your vehicle) without obtaining the prior written consent of JoyRideRally LLC. In particular, you shall not be entitled to use the JoyRideRally LLC logo on any website or in printed materials without obtaining JoyRideRally LLC's prior written consent. Media Appearances You shall not be entitled to arrange or conduct any media appearances relating to your participation in the Event without obtaining the prior written consent of the JoyRideRally LLC. Change of Terms JoyRideRally LLC reserves the right to change these terms and conditions from time to time subject to notifying you of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event. Waiver - Release and Waiver of Liability Risks Associated with Participation I acknowledge and realize that participation in an event such as the 'Joy Ride Rally 2007' (the "Event") is potentially dangerous and that there are numerous risks associated with my participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, I fully understand and realize that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realize and understand that the route of the Event will require driving on public roadways upon which the hazards of traveling are to be expected. Further, I realize that participation in the Event will require strenuous physical exertion as participants will be required to drive for very long periods of time over several days, including the risk of driving through inclement weather.Assumption of the Risks With full knowledge and understanding of the risks associated with my participation in the Event, I enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or injury (including death). Compliance with Terms and Conditions of Entry I agree to comply with all the Event's terms and conditions of entry. I acknowledge and understand that the JoyRideRally LLC of the Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but cannot guarantee that the participants will abide by these terms and conditions. Release of Liability In consideration for being permitted to participate in the Event, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against the JoyRideRally LLC, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by JoyRideRally LLC) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the JoyRideRally LLC's liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I covenant not to sue JoyRideRally LLC, its officers, directors, employees, consultants, agents and Event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my participation in the Event. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognisable claim arising out of my participation in the Event (including all legal costs associated with such claims).Indemnity I hereby agree to release, defend, indemnify, and hold harmless the JoyRideRally LLC, its officers, directors, employees, consultants, agents, Event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in the Event whether made or claimed during or after the Event, including all associated costs and expenses and any amounts which JoyRideRally LLC may pay as a settlement or compromise of any such claims or liabilities.I have read this waiver, fully understand its terms, and understand that I have given up substantial rights by signing it. I have done so freely and without inducement, coercion, or duress. I intend this waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that, if any portion of this waiver is held to be invalid, the balance of the waiver shall continue in full force and effect. Please note that by completing the entry form and accepting these terms and conditions you are concluding a legally binding agreement with us to participate in the Event on these terms and conditions. By signing below I declare that all the information contained on the entry form is correct and I acknowledge that I have read and understood all the terms and conditions and I agree in full to the terms and conditions above (including those of the waiver and indemnity) and I accept all the terms and conditions relating to my participation in the Event. I understand that while JoyRideRally LLC will endeavor to keep my personal information secure, it does not accept any responsibility should loss or theft of this information occur. I consent to my personal details being passed on to other third parties that JoyRideRally LLC thinks appropriate. -END |