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.
