Welcome to gumball3000.com Terms and Conditions are never the most exciting of reads but unfortunetely our lawyers have informed us that they are a nessessity! So please take a quite gander through. We promise that we have tried to keep it as brief as possible.
The break down is as follows:
• How to get in touch with us
• Terms and conditions for gumball3000.com and other Gumball 3000 sites
• Logging on from outside the UK
• What we do for you
• What we need from you
• Why you need to stick to these rules
• Our promise to you
• Got a complaint? Here are your legal rights
• Links to other sites
• All about Intellectual Property Rights
• Our Privacy Policy
• Changes to these terms and conditions
Getting in touch with gumball3000.com
The gumball3000.com website is owned and operated by Gumball 3000 Limited ("we", "our" and "us"), whose registered office is at 303-315, Latimer Road, London, W10 6AR, England. If you have any questions about these terms or conditions, or about Gumball 3000 please see the "Contact Us" section. Here you'll be able to find contact information for all the Gumball 3000 Companies within the Gumball 3000 Group, including gumball3000.com. Visit the Contact Us section if you have a general enquiry, customer service related enquiry or anything else you'd like to tell us about.
For enquiries directly relating to the www.gumball3000.com website, you can write to us at the following address: The Webmaster, gumball3000.com, 303-315 Latimer Road, London, W10 6AR, ENGLAND
Telephone number:
From the UK, dial 020 8964 7878 and from countries outside of the UK, dial +44 208 964 7878. Please ask to speak to the Webmaster of gumball3000.com.
Online form:
Click here to fill out our online form for feedback about the website, such as reporting problems you might have encountered.
By using gumball3000.com you agree to these terms.
Terms and conditions for gumball3000.com and the other Gumball 3000 sites
gumball3000.com is a gateway site to other sites which are operated by other companies in the Gumball 3000 group.
From time to time you may be asked to register your details with us, or with other Gumball 3000 companies, in order to receive products or services or to enter competitions. When you do, additional terms and conditions will apply.
If you choose to access any interactive services provided by gumball3000.com then there may be other guidelines or rules, which you will have to abide by. For example, if you enter any chat-room or other community area we expect all our users to behave in a respectful way to other users. These guidelines or rules will be made clear when they apply.
Not in the UK?
gumball3000.com is the online home for all the Gumball 3000 companies. When you enter the site, you can select your location- that way we can direct you to the sites relevant to you.
And because most of our companies are UK based, sometimes you'll read some info on gumball3000.com that may not be appropriate or available in all locations.
What we do for you
We try to make sure that the content and information on gumball3000.com and the other Gumball 3000 sites is as accurate as possible. If you spot any errors, please let us know! Send us an email by clicking here. We try to make sure that the information you see on gumball3000.com and the other Gumball 3000 sites as everything you could possibly want from us. If there's anything you think we can improve, please email us by clicking here. We'll keep you up to date with everything that's happening at gumball3000.com, including advice and assistance on any upgrades or changes to its functionality wherever possible.
What we need from you
To use our website, we need you to agree to these terms and conditions, and any additional terms and conditions which shall apply to your use of gumball3000.com or any of the other Gumball 3000 sites.
When using gumball3000.com or any of the other Gumball 3000 sites you agree:
• not to do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on the sites;
• to be entirely responsible for and keep secret any password used by you. You should change your password if you believe it's no longer secret;
• not to post, distribute or otherwise upload any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information or send any chain letters, junk mail, 'spamming' material or any other form of bulk communication;
• not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individuals' privacy rights;not to make any unauthorised, false or fraudulent orders, bookings or request for services;
• not to obtain or attempt to obtain unauthorised access to the sites or any private or member account areas on the sites;
not do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Gumball 3000 or any of our associated companies or third parties. Also, not to do anything that is otherwise unlawful or which may cause any liability for us or any other Gumball 3000 company. If you send us or post any material or other information to gumball3000.com or the other Gumball 3000 sites you agree that Gumball 3000 will not treat this information as confidential and we will be free to keep and republish this information and reuse it as we see fit. You agree to give up your rights to be identified.
Why you need to stick to these terms and conditions
If we consider that you have breached any of these terms and conditions or have otherwise demonstrated inappropriate conduct when using the Gumball 3000 sites we reserve the right to:
• warn you via e-mail that you have breached these terms, and ask you to stop such conduct;
• delete any material or content which you may have posted without notice to you;
• discontinue your membership to gumball3000.com and/or any other related subscriptions to additional services offered through the Gumball 3000 sites; and
• take measures (including terminating, suspending or restricting your access) to prevent you from using gumball3000.com or any other Gumball 3000 site.
If your conduct on or use of gumball3000.com or any other Gumball 3000 site causes us or any other Gumball 3000 company loss, damage or other costs, you shall be responsible for reimbursing these costs.
Our promise to you
If anything we do, or fail to do due to our negligence, causes death or personal injury, then our liability shall be unlimited. Nothing in these terms and conditions affects your legal rights as a consumer. For further information on your consumer rights please see Customer Service section.??It's important to note that using the Internet does have its dangers. We take reasonable steps to ensure a fast and reliable service, but we can't be held responsible for:
• the security of gumball3000.com or the other Gumball 3000 sites
• for any damage, loss of, or corruption of any data, information or material or viruses that may infect your computer equipment or other property
• breach of security by hackers as a result of your use of gumball3000.com or any other Gumball 3000 site.
We are not responsible for any injury, loss, claim, damage, or any indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or failure to use gumball3000.com or any other Gumball 3000 site. This includes any information, products or services obtained through or any contract entered into via gumball3000.com or any other Gumball 3000 site.
From time to time we may need to update the content on gumball3000.com or the other Gumball 3000 sites and/or maintain the software and other equipment that runs the sites. During these times you may not be able to access the sites or things may be a bit slower than normal.
Got a complaint? Here are your legal rights
Your use of gumball3000.com, the other Gumball 3000 sites and these terms and conditions, is subject to the laws of England and Wales and we reserve the right to bring proceedings to the Courts of the country of your location.
If you are at all dissatisfied with any aspect of the gumball3000.com site then please contact us by clicking here. If you have any complaints about the products or services that you receive or obtain from any of the other Gumball 3000 sites accessed through gumball3000.com, then please tell them! Click here to visit the Contact Us section.
In some cases the laws of your location may apply to your online dealings with gumball3000.com or the relevant Gumball 3000 group company, and you may have additional legal rights than those available under English law. We always recommend that you should seek local law advice, however, we suggest you speak to the relevant Gumball 3000 company first- that way you can see if they can resolve any complaints you may have.
Links to other sites
We may provide links to other websites, resources, advertisements or sponsorships either directly or through our contractual partners.
If you decide to access other websites, then you will be leaving gumball3000.com - that means that we won't be responsible or liable for the content, advertising or products or services available from such sites or, for any dealings that you may have, or the consequences of such dealings, with the operators of those sites. Should a dispute arise between you and any third party, we'll do our best to help you resolve it, but we can't be responsible for any loss or damage.
We expressly reserve the right to withdraw our consent, at any time, to a link that we think is inappropriate.
All about Intellectual Property Rights
The Gumball 3000 name and logos are registered trademarks and may not be used without Gumball 3000 Limited's written permission.
Also, any and all copyright, trademark rights, database rights, patent rights and any other intellectual property rights in text, graphics, audio, video or image files, content, software, data and information displayed on, or available from, gumball3000.com or any other Gumball 3000 site. This includes the organisation and layout of the sites and the underlying software that's owned by us or our licensors and suppliers. You agree that all these materials are available for your personal use only, and you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such materials without our written permission.
Our Privacy Policy
We, or the other Gumball 3000 group companies, may ask you to provide personal information about you, your likes and habits - we want to get to know you! For more detailed information on how Gumball 3000 collects and processes your personal data, check out the gumball3000.com Privacy Policy.
Changes to these terms and conditions
These terms and conditions may be amended, updated and/or modified by us from time to time. You'll still need to agree to them, so it's a good idea to keep checking back here to stay up to date.??If you keep visiting us here at gumball3000.com, then we'll take that as confirmation that you have agreed to the new terms and conditions.??
GENERAL INFORMATION
Gumball 3000 Events Limited (the “organisers”) manage and promote the annual Gumball 3000 Rally, referred to in the following Terms & Conditions as the “event”. Approximately 100 vehicles take part in the event, and drive approximately 3000 miles on public roads over 8 days. There are overnight accommodation stops and social events each evening throughout the entire route. The route of the event changes each year to incorporate new cities and countries. The organisers work with all Governments, local authorities and local Police departments throughout the entire route that the event includes. In each city the vehicles are parked on public display, incorporating the closure of public roads with safety barricades to enable event stewards and marshals to operate the event in a controlled environment. The entire 3000 mile route is marshaled by official event stewards and local authorities.
To apply to participate in the event please complete and submit the application form in the Rally section of the website (Link).
NEW ENTRANTS
Please read the Terms and Conditions below, and then complete the 2008 Gumball 3000 Rally ‘Application Form’. Complete the form with details of yourself, vehicle and reasons why you wish to enter. If your entry is successful you will be contacted by the Gumball team.
PREVIOUS ENTRANTS
If you are one of the Gumballers that have previously participated in one of the past Gumball 3000 rallies and would like to take part again in 2008 simply read and sign the ‘Terms and Conditions’ and Waiver. Then follow the Method of payment instructions. As a past Gumballer you will receive a £10,000 (Ten Thousand GB Pounds) discount off the standard entry fee based on two people in a vehicle.
SELECTION PROCESS
It is at our discretion who is chosen to enter and we are not obliged to accept your application. General Information
DATES
The 2008 Gumball 3000 Rally (the “Event”) is expected to take place between 8 - 16 August 2008
ROUTE
The Event follows a 3000 mile driving route that incorporates the US West Coast, China and a 24 hour stay (participants only) in North Korea whilst Motor vehicles are in transit.
VEHICLES
Vehicle has to be approved by Gumball 3000. We are looking for the most super, luxurious and custom cars to create an impressive entry grid. However we are attempting to go completely Carbon Neutral this year. Therefore, the greener your car the better. If your vehicle doesn't comply with this you will have to offset your carbon emissions with the appropriate authorities and provide us with evidence. Places are limited to just 120 cars, so we can’t guarantee availability, but the more environmentally friendly your vehicle is (bio diesel, fuel cells, hydrogen batteries and other sustainable technologies) the better the chance you will have of being selected.
DOCUMENTS
All the documents required for your entry (a list of which will be issued with your first invoice) must be submitted to Gumball HQ by 31st May 2008. Any change of car or accompaning documents cannot be submitted to Gumball 3000 Events Limited later than 6 weeks before the start of the event. A fee of £1,000 will be charged if the car has been changed before this date for administrative purposes.
REGISTRATION
All participants will be required to sign-in and all vehicles will be parked on display and have the Events’ sponsors’ decals professionally applied. All vehicles must arrive to the Event clean and unbranded. The registration day will be followed by a party.
SCHEDULE
Each day of the Event is very different in format, and you will often be driving for a varied amount of miles and hours. Each stage of the journey will be able to be completed comfortably while driving within the speed limits in place on all roads used on the route. However, most days of the event follow the basic format of driving during the day and partying each night. The exact route and details of all destinations will only be issued upon arrival at the checkpoints.
ENTRY FEE
The entry fee per vehicle with two (2) persons in the vehicle is £60,000 for new Gumballers, and £50,000 for previous Gumballers. Additional team mates pay a standard fee of £20,000 per person. The entry fee for your vehicle and any additional fees for additional team mates are due and payable within dates specified by Gumball HQ.
INCLUSIVE
The entry fee includes accommodation in the most amazing 5-star hotels each night, including the night of registration 8th of August 2008 throughout the week, until Sunday 17th August. This includes all breakfasts, lunches and dinners, as well as several parties. Throughout the week all drivers and co-drivers will share twin rooms to accommodate two (2) people. If upgrades are required to higher graded rooms and suites please contact the Gumball 3000 HQ after your entry has been accepted and we will attempt to accommodate your request for a suitable extra charge.
08 Method of Payment
Methods of payment include credit and debit cards, BACS wire transfer, online payment and cheque. All details are available in full on application to Gumball HQ.
TERMS & CONDITIONS
GENERAL INFORMATION
The 2008 Gumball 3000 rally (the “Event") is NOT a race or a competition. You must NOT compete in any manner with other participants. You must NOT place any bets of any kind in relation to the Event. You must drive safely and with proper courtesy to all other participants and members of the public. In particular you must not drive wrecklessly. If you are seen driving wrecklessly or otherwise not in compliance with applicable law (see 5 below) by the Organiser, its employees or nominees you will be prohibited from taking any further part in the event.
ENTRY FEE
The entry fee for the 2008 Event is £60,000 (Sixty Thousand Pounds Sterling) per vehicle containing two (2) people. The entry fee for a vehicle containing previous Gumball 3000 rally participants is discounted to £50,000 (Fifty Thousand Pounds Sterling). The entry fee covers you plus one (1)team mate. If you wish to have additional team mates in your vehicle the standard fee is £20,000 (Twenty Thousand Pounds Sterling) per additional team mate. You are responsible for paying the entry fee for your vehicle plus any additional fees or fines which may arise and the fees for any additional team mates in your vehicle or for your support vehicle.
SUPPORT VEHICLES POLICY
If you want to have a support vehicle containing your mechanics, security staff and/or personal film crew accompany you on the Event (in addition to the vehicle in which you are participating in the Event) a fee of £5,000 (Five Thousand Pounds Sterling) is payable per support vehicle, which fee covers two (2) person in the support vehicle. This fee will allow the support personnel to take part in the Rally and have access to parties on the Event but will not entitle the support crew to Air Travel, accommodation, Event merchandise or to any VIP services and/or facilities. The Organiser will require the support team vehicles to be stickered with the appropriate support team branding which will be provided on registration.
The entry fee for your vehicle and any additional fees for additional team mates and/or drivers or for your support vehicle are due and payable within dates specified by Gumball HQ. Failure to pay the full entry fee by the specified date will lead to either (at the Organiser's sole discretion) you being refused access to and participation in the Event and to you forfeiting such amounts of the entry fee that you have paid, or to you being liable to a late payment fee of £1,000 (One Thousand Pounds Sterling) in addition to the entry fee.
AGE
You must be over 21 years of age on 1 August 2008 in order to participate in the Event.
COMPLIANCE
You must comply with all applicable laws and regulations of the Country 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) and subject to the payment of an administration charge of £1,000 (One Thousand Pounds Sterling). If the Organiser does not consent to you participate 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) 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.
RESPONSIBILITY
The Organiser accepts no responsibility or liability for the consequences of you being refused passage and/or entry/exit to or from any State/Country visited en route. 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 provide full insurance for your vehicle covering the countries that the event is travelling through. You must also provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to certain countries en route depending on your nationality. It is your responsibility to ensure that you and your vehicle are compliant with locally applicable laws along the route (including limit weight, width, lighting and visibility). All drivers must carry their full driving licence (in the case of UK drivers, this must include both paper and card parts), vehicle registration documents relevant to the country of registration and must be taxed and have any necessary certificates and/or consent for use on public roads within the country of registration (where relevant). 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.
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. 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 must be paid for by you before ‘checking-out’ or such costs will be debited from your credit card.
PERSONAL ACQUISITIONS
The entry fee into the Event does NOT include personal acquisitions, petrol (gas), telephone bills or other expenses and disbursements incurred while staying in a hotel (including courier/postal charges relating to sending left luggage with you), fines of any sort, or damage caused at any venue visited, which you will be responsible for paying to the Organiser in addition to the entry fee within thirty (30) days of receipt of an invoice from the Organiser.
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 or intoxicating 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.
SAFETY
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.
INDEMNITY
You will indemnify the Organiser, 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.
LICENSE & PASSPORT
You must hold a current, valid and unrestricted driver’s licence and a current and valid (until January 2009) passport (together with any relevant visa(s)). You must have four clean pages for the Visa stamps on route and this must be shown to the Organiser. The Organiser will provide the visa necessary for entry into North Korea.
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 the Organiser. Appropriate insurance includes, without limitation, third party motor liability, medical insurance and personal liability insurance, disclosing to insurers that you are participating in this event. In particular, you will be required to take out the compulsory third party insurance cover arranged by the Organisers approved Insurance Broker which will cover you for all the countries visited during the event and which will commence 6 days prior to the start of the event in the United States of America. It’s a must to take up this Insurance in US & China due to Government rules, and the premiums incorporate certain charges imposed by the Chinese Government. There will also be an optional top up policy for accidental damage, fire, track cover and transit for the whole event that will be based on the value of your vehicle and that will be individually underwritten based on your age and experience.
FORCE MAJEURE
The Organiser, its directors, employees, sponsors, advisors and consultants are not responsible if they cannot fulfil their 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 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.
BRANDING
You agree to have the "Gumball 3000 logo" and official Event sponsors' stickers attached to your vehicle (and any support vehicle if the Organiser so requires) 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. The Organiser will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
USE OF TRADEMARK
You shall not be entitled to use the "Gumball 3000 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 "Gumball 3000 logo" on any website or in printed materials without obtaining the Organiser's prior written consent.
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, your support vehicle and/or your clothing provided that your sponsor/sponsors does not/do not compete or conflict with the Event's official 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, support vehicle and/or clothing. If you wish to place your own sponsor's/sponsors' names, marks and/or logos on your vehicle, support vehicle and/or your clothing, you should submit a written request (to the Organiser) for permission to do so at least 90 days prior to the commencement of the Event together with the required vector EPS format logo as set out below. The Organiser reserves the right to refuse unauthorized sponsored vehicles or individuals entry to the Event. Logos must be supplied in vector EPS format to the Events official sticker supplier for manufacture. Stickers manufactured elsewhere will not be accepted. The Organiser is not responsible for any claims arising out of any failure to display personal sponsor information on a participant's vehicle.
UNAUTHORISED BRANDING
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).
REFUNDS POLICY
Should you not be able to participate in the Event due to medical reasons, we will require a medical report outlining the exact reason for withdrawal.There will be NO refunds of the entry fee unless a medical reason has occurred. We will not return any payment under any circumstances (including, without limitation, if at any point after you have entered the Event (i.e. after paying any sum towards taking part in the Events unless the cancellation takes place before the 30th of December 2007. A full refund will be given minus £2,500 (Two Thousand and Five hundred Pounds Sterling) administration charge.
REFUNDS POLICY
After the commencement of the Event, the Organiser 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 is demanding. 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 “dropping out” does not entitle you to any compensation. The Organiser requests you sign at the bottom of this page to show your understanding of Clauses 18 & 19 specifically.
BUSINESS REPLICATION
By signing below you are agreeing that you will not organise, invest in or fund a rally or similar event which attempts to replicate this Event or any of its unique features, activities and components or which seeks to benefit in any way from the Organiser’s branding or goodwill. Doing so will result in legal action by the Organiser.
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 or any of its employees or nominees, you may be prohibited from further participation in the Event.
RIGHT OF REFUSAL
The Organiser reserves the right to refuse your entry or participation prior to and during the Event at any time and 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 further, no refund of the entry fee will be made.
Name: _______________________________________________
Signature: _______________________________________________
Date: _______________________________________________
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 the Organiser and Gumball 3000 Films Limited 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 and Gumball 3000 Films Limited have the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser or Gumball 3000 Films Limited does use such photographs or footage, it may be edited at the Organiser’s or Gumball 3000 Films Limited'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 and Gumball 3000 Films Limited, 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 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 Gumball 3000 Films Limited. At the Organiser’s request, you shall deliver to Gumball 3000 Films Limited within 30 days of the end of the Event, at no cost to Gumball 3000 Films Limited, a tape in DigiBeta (PAL) or in DV (PAL) format of all the footage originated by you at the Event and copies of all photographs taken at the Event.
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 cooperate fully with the Organiser in such activities.
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.
ENGLISH LAW
English law governs these terms and conditions, and you hereby submit to the non-exclusive jurisdiction of the Courts of the England and Wales in relation to any disputes arising from the terms of this Agreement.
ENTIRE AGREEMENT
These Terms and Conditions of Entry, the Waiver and the Entry Requirements Form constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement reached between the parties whether in oral or written from.
CONFIDENTIALITY
You agree to keep confidential, and not disclose to any third party, details of all incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event.
Name:
Signature:
Date:
WAIVER
RISKS ASSOCIATED WITH PARTICIPATION
01 Risks Associated with Participation
I acknowledge and realize that participation in an event such as the 2008 Gumball 3000 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 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 travelling 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 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 THE TERMS & CONDITIONS OF ENTRY
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.
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 by air 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).
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.
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.
Name:
Signature:
Date:
I understand that while the Organiser will endeavour 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 the Organiser thinks appropriate.
1 In General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by ASOS (the "Linked Sites"). ASOS has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3 Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. ASOS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4 Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of ASOS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ASOS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ASOS or its licensors. asSeenonScreen.comTM and ASOS.comTM are trade marks belonging to ASOS. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of ASOS.
5 Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with Gumball 3000 you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Gumball 3000 retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Gumball 3000 or may in some cases be a third party. Where a contract is made with a third party Gumball 3000 is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
(d) Discount Codes
(i) Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
(ii) Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
6 Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Gumball 3000 and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Gumball 3000's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Gumball 3000 and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Gumball 3000.
9 Indemnity
You agree to indemnify, defend and hold harmless Gumball 3000, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10 Variation
Gumball 3000 shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
11 Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
13 Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under English and other copyright laws, and is the property of Gumball 3000. The collective work includes works that are licensed to Gumball 3000. Copyright 1999, Gumball 3000 Limited. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gumball or purchasing Gumball products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gumball or to purchase Gumball products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of Gumball 3000 used herein (including but not limited to the ‘Gumball 3000’ name and logo, and the ‘Cross Wrenches’ design are worldwide registered trademarks of Gumball 3000 Limited. ‘Gumball 3000’ and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Gumball 3000 Limited in the Europe Union, United States, Canada, and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GUMBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GUMBALL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUMBALL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
GUMBALL SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF GUMBALL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TYPOGRAPHICAL ERRORS
In the event a Gumball product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Gumball shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Gumball shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gumball shall issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Gumball without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Gumball may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by Royal Mail to your address on record in Gumball's account information.
GOVERNING LAW
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
