Terms and Conditions

2015 EVENT TERMS AND CONDITIONS OF ENTRY

Defined Terms:

• The “Event” means the vehicle rally conducted by the Organiser on or about 12^th to 16^th March 2015.
• The “Organiser” is Platinum Rally Pty Ltd ABN 61 603 185 100 and includes its directors, agents, employees, officers, representatives and nominees.
• “you”, “your” and “Participant” means you, and each member of your team, as a participant in the Event.
• Official Event Sponsors means the sponsors of the Event as accepted by the Organiser from time to time.

 

1. General Information

The 2015 Platinum Rally (the “Event”) is a motor vehicle appreciation event and is not a race or a competition. You must not compete in any manner with other participants. You must drive safely and with proper courtesy to all other participants and members of the public. In particular you must drive accordance with the applicable laws and must not drive recklessly. If you are observed driving recklessly or otherwise not in compliance with applicable laws by the Organiser you may be prohibited from taking any further part in the Event.

2. Entry Fee

The Entry Fee for the 2015 Event is $4995 including GST per vehicle containing a maximum of two (2) people including the driver. The Entry Fee includes:

• 4 nights’ accommodation inc breakfast for 2 people in one hotel room with two beds.
• Hotel valet parking for one vehicle with each night’s accommodation.
• Access for the Participants to each event held by the Organiser during the Event.
• Access for the Participants to any parties held by the Organiser during the Event.
• Standard access pass for the Participants to the Melbourne F1 for one day on 15 March 2015.
• Participation in the car display at the Melbourne F1 for one day on 15 March 2015.
• Access to the Organiser’s luggage truck.
• Access to the Organisers concierge services

If you wish to have additional team mates in your vehicle please contact the Organiser. Additional charges will apply.

3. Age

You must be 18 or above on 10th April 2015 and hold a current, valid unrestricted drivers licence to participate in the Event.

4. Hotel Rooms

ONE hotel room per vehicle (maximum 2 people) is booked for you at each venue on the route. This is one room with either one double bed/or two twin beds. If you wish to purchase a second room at any hotel, so you are not sharing you must purchase the room directly from the venue and make a private booking. A list of hotels will be provided to you upon registration. When ‘checking-in’ to all hotels a credit card must be provided as a security guarantee against any and all ‘hotel extras’ and any damage to the hotel property. Any such costs incurred are your responsibility and must be paid for by you before ‘checking-out’ or such costs will be debited from your credit card automatically. Only the specified breakfast is included with your entry fee. All other food/beverages are at your own cost.

5. Compliance

You must comply with all applicable laws and regulations, both federal and state in the state in which you are travelling, including 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 any applicable laws, the Organiser reserves the right to prohibit you from participating further 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 Organisers’ consent (which it is entitled to hold in its absolute discretion). If the Organiser does not consent to you participating in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in the Event (and you shall not be entitled to a refund of your entry fee). The person(s) named as entering the Event must participate in the Event. If for whatever reason you are unable to participate, your entry place is not transferable in any circumstances whatsoever.

Your vehicle must be registered and in a safe, roadworthy condition and in compliance with all applicable laws, engineering requirements and Australian Standards. The Organiser reserves the right to prohibit you from participating in the Event if it is of the reasonable belief that your vehicle is unroadworthy or is unregistered.

The responsibility for compliance with all laws relating to you, your participation and your vehicle remains exclusively with you and is not the responsibility of the Organiser.

 

6. Responsibility

The Organiser accepts no responsibility or liability for the consequences of you being refused participation in the Event, or prevented from participation by police. Any additional costs incurred are your own responsibility and the organiser reserves the right to recover any fees incurred arising out of your actions. You will need to have valid and proper insurance for your vehicle covering the Event. You must affix vehicle registration plates for both the front and rear of your vehicle. All drivers must carry their full driving licence, vehicle registration documents, proof of insurance and any necessary certificates and/or consents for use of the vehicle on public roads. All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects and by signing this document you agree that it is in its entirety.

You must NOT drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, or any other condition.

 

 

7. Conduct

You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Event. You must not interfere with the quite enjoyment of other guests; engage in unruly behaviour or any other behaviour that disturbs other participants or the public.

8. Personal Acquisitions

The entry fee into the Event does NOT include personal acquisitions, fuel, telephone bills, food or beverages (other than the specified breakfast) or other expenses and disbursements incurred while staying in any of the hotels, fines of any sort, or damage caused at any venue, damage to your vehicle, damage to other vehicles and any other liability incurred during or relating to the Event. You are responsible for shipping your vehicle and participants to and from the Event.

 

9. Intoxicating Substances

You must NOT consume alcohol while driving. You must NOT drive under the influence of alcohol or any other intoxicating substance at any time. You must NOT consume any illegal substances at any time during the Event. If the Organiser finds you under the influence of alcohol while driving or attempting to drive or under the influence of any illegal or intoxicating substances the Organiser reserves the right to prohibit you from participating further in the Event. There may be breathalyser checks on participants during the Event.

10. Indemnify

You agree to indemnify and hold harmless the Organiser and the event Sponsors against any and all claims, demands, proceedings, judgements, damages, costs and losses of any nature and causes of action whatsoever or howsoever arising or brought against the Organiser by you, a participant or any third party as a result of your action (or inaction) or your participation in the Event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions.

11. Insurance

You must obtain and maintain appropriate insurance to cover your participation in the Event and shall provide proof of such insurance prior to commencement of the Event in a form satisfactory to the Organiser. Appropriate insurance includes, without limitation, third party personal and property liability insurance, medical insurance and personal liability insurance, in all cases disclosing to the insurers that you are participating in the Event.

 

12. Force Majeure

The Organiser is not responsible if it cannot fulfil its obligations resulting from this contract (including without limit the holding of the Event or any part of it) in cases of fire, earthquake, epidemic diseases announced by WHO, cyclone, flood, aridity, strike, lightning, war in the country, revolution, civil war, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation, and in other cases defined as Force Majeure by any applicable laws and regulations. The Organiser cannot be held responsible if it is not possible for it to fulfil any one of its obligations or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will power and control, including but not limited incidents arising from the operations of law enforcement in any state or territory, the general instructions of any relevant official institution, provisions of law, regulation and statute, instructions given by authorised officials, extraordinary situations, and other force majeure events. For the avoidance of doubt, if the Organiser acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as for example, a death or serious injury in connection with the Event, or an event that otherwise naturally detracts from the Event), such event will be considered to be a force majeure event in accordance with this clause and the Organiser will have no liability, in particular and without limitation, to refund the entry fee or any part of it to any Participant.

13. Sponsor Logos

You agree to have the “Platinum Rally logo” and all Official Event Sponsors stickers attached to your vehicle (and any support vehicle if the Organiser so requires – which will you will be notified of) during the entire Event. You are not entitled to deface, cover-up or otherwise obscure such stickers and shall endeavour to keep them clean and visible at all times. Stickers are non-permanent and easily removable without damaging vehicle finishes. However the Organiser will not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.

You shall not be entitled to use the Platinum Rally logo for any purpose whatsoever (other than placing the sticker of it on your vehicle) without obtaining the prior written consent of the Organiser. In particular, you shall not be entitled to use the Platinum Rally logo on any website or in printed materials without obtaining the Organiser’s prior written consent.

14. Personal Sponsorship

Personal sponsorship for your vehicle, your support vehicle or your clothing is only permitted if you obtain the Organiser’s prior written consent. Subject to obtaining the Organiser’s prior written consent as to the identity of your personal sponsor(s) (up to a maximum of 2 personal sponsors), you will be entitled to place your own sponsor’s/sponsors’ names, marks and/or logos in 2 designated positions only on both your vehicle or your clothing provided that your sponsor/sponsors does not/do not compete or conflict with the Official Event Sponsors. The Organiser shall be entitled to determine the size and location of your sponsor’s/sponsors’ names, marks and/or logos on your vehicle and/or clothing. If you wish to place your own sponsor’s/sponsors’ names, marks and/or logos on your vehicle, and/or your clothing, you should submit a written request (to the Organiser) for permission to do so at least 30 days prior to the commencement of the Event. The Organiser reserves the right to refuse unauthorised sponsored vehicles or individuals entry to the Event.

15. Unauthorised Sponsorship

If you arrive at or attempt to participate in the Event with your vehicle, support vehicle and/or clothing displaying the branding of a sponsor that has not been authorised by the Organiser, you will be required to remove such branding from your vehicle, support vehicle and/or clothing, failing which you shall be refused access to and participation in the Event (and you shall not be entitled to a refund of your entry fee). All unapproved branding must be removed immediately.

16. Refunds and Cancelation

Once the Entry Fee has been paid there are NO Refunds under any circumstances. Deposits will not be refunded under any circumstances. Should you have to withdraw from the event for any reason you must inform the Organiser immediately. Your place on the rally is non-transferrable. It may not be transferred to another person, vehicle or event.

The Organiser may choose to cancel the Event voluntarily in which case any Entry Fee paid will be refunded. The Organiser will have no further obligation to you in the event cancelation by the Organiser. Any expenditure (including but not limited to travel and accommodation or vehicle costs) is entirely at your own risk and will not be compensated for in the event of cancelation by the Organiser.

 

17. 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 the Organiser, you may be prohibited from further participation in the Event.

 

18. Image Rights

In this clause ‘you’ includes your vehicle or any part of it. 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 the Organiser 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 the Organiser has the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser does use such photographs or footage, it may be edited at the Organiser’s 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 the Organiser 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.

 

19. Personal Filming

You are entitled to take photographs and film footage of your participation in the Event for non-commercial purposes only (that is for personal and private use only). You are not entitled to reproduce or use photographs or footage of the Event on any website for a commercial purpose, in any printed media or matter or in any television programme without first obtaining the prior written consent of the Organiser. You hereby agree to assign (by way of present assignment of future copyright) all 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 the Organiser. You agree to expressly state on all printed and digital publications of photographic materials captured by you (or any camera-men or film crew under your control) during the Event that they are the copyrighted property of the Organiser. At the Organiser’s request, you shall deliver to the Organiser within 30 days, at your own cost, all the footage originated by you at the Event and copies of all photographs taken at the Event.

20. Media Appearances

You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in the Event without obtaining the prior written consent of the Organiser. In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Event, you will co-operate fully with the Organiser in such activities.

 

21. Change of Terms

The Organiser 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.

 

22. Governing Law

These Terms and Conditions are governed by the laws of Queensland Australia and you hereby submit to the non-exclusive jurisdiction of the courts of Queensland.

 

23. Entire Agreement

These Terms and Conditions of Entry and the Waiver constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties whether in oral or written from. If any portion of these Terms and Conditions is held to be invalid, the balance of the Terms and Conditions shall continue in full force and effect.

 

24. Confidentiality

You agree to keep confidential, and not disclose to any third party, details of any incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event.

 

WAIVER – RELEASE AND WAIVER OF LIABILITY

 

1. Risks Associated with Participation

I acknowledge and accept that participation in an event such as the 2015 Platinum Rally (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 accept that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further accept and understand that the route of the Event will require driving on public and private roadways upon which the hazards of travelling are to be expected. Further, I accept 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.

 

2. 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).

 

3. Compliance with Terms and Conditions

I agree to comply with all the Event’s Terms and Conditions of Entry. I acknowledge and understand that the Organiser 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.

 

4. 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 Organiser, 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 arranged by the Organiser) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’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 the Organiser, 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).

 

5. Indemnity

I hereby agree to release, defend, indemnify, and hold harmless the Organiser, 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 the Organiser 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.