The Fastest Moments of Excellence 2019 – Terms & Conditions
ANY PERSON DRIVING IN A FASTEST MOMENTS OF EXCELLENCE VEHICLE MUST SIGN THIS AGREEMENT!
The Fastest Moments of Excellence, hereafter referred to as ‘FMOE’ is organized by Effective Media, Z.1. Researchpark 20, 1731 Zellik, hereafter referred to as ‘the organizer’.
Entry is based on a strictly first come, first served policy. To make sure your experience runs as smoothly as possible, the organizer will never accept more than 100 entries AM & 200 entries PM.
FMOE is not a race. You must not compete in any manner with other participants. You must not place any bets of any kind in relation to FMOE. You must drive safely and with proper courtesy to all other participants and members of the public. You must not drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, medically intoxicated, under the influence of illegal substances or any other condition that will put you and your surrounding FMOE participants, general driving public, pedestrians, and any other persons or property at risk in any whatsoever.
You must comply with all applicable laws and regulations of the City and Country in which you are present at any giving time during the event, including but not limited to all speed regulations, laws of the road, laws relating to the safety of your vehicle and operation of your vehicle, laws relating to registration of your vehicle, laws relating your personal license to operate a vehicle, insurance laws relating to your operation of your vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. The FMOE Staff reserves the right to prohibit you from participating further in the event for any single violation of the foregoing or of any terms and conditions contained herein.
Any participant of FMOE must be over 18 years of age for Europe and Australia and 21 years of age for USA.
The organizer and its members, staff, agents, employees, consultants, assigns, and attorneys (collectively, “FMOE Staff”) accept no responsibility for and shall not be liable to any participant for the consequences of a participant’s actions or omissions in participating in the FMOE, including but not limited to being cited, charged, prosecuted, or prohibited form participation arising from the improper conduct of a participant at any location, stop, facility, establishment, public road, or any other place a participant is present during the Rally.
Each participant must be completely sober while operating any motor vehicle. Each participant must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time.
You will indemnify the FMOE Staff against any and all claims, lawsuits or causes of action of any kind arising from the FMOE and brought by any third party as a result of participant’s actions, omissions or participation in the FMOE, including but not limited to participants violation of any country or city laws, ordinances or regulations, or participant’s breach of any terms and conditions contained herein.
FMOE Staff is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic diseases, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles.
Once accepted to participate in the FMOE, each participant must immediately complete the payment of the amount of (for AM) € 195,00 plus VAT, (for PM) €270,00 plus VAT or risk losing participant’s place in the rally. Once a participant is accepted to participate in FMOE and had tendered XX00XX00.
The FMOE Staff reserves the right to refuse participation in or to cancel the event at any time for any reason whatsoever. In case of the cancellation of the event or the refusal to allow participant to participate, no refunds of the entry fee will be made.
The participant is only entitled to take photographs and film footage of participant’s participation during FMOE for non-commercial purposes (that is for personal and private use only). Specifically, participant is not entitled to reproduce or use photographs or footage of the FMOE on any website, in any printed media or matter or in any television program without first obtaining the prior written consent of the FMOE.
Participant hereby agrees to assign (by way of present assignment of future copyright) all of participant’s 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 FMOE and deliver to the FMOE Staff within 30 days of the end of the event, at no cost to the FMOE Staff, a tape in any format of all the footage originated by participant at the FMOE and copies of all photographs taken at the event.
By participating in the Rally, Participant consents to be photographed and to be included in the filming of footage documenting the Rally. Participant hereby waives any and all rights of publicity or privacy and grant the Runball Staff full and complete permission to utilize and exploit Participant's appearance in the Rally in any and all manner and media throughout the world in perpetuity. Participant further agrees that the Runball Staff has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if the Runball Staff does use such photographs or footage, it may be edited at the Runball Staff's sole discretion. Participant consents to the use of your name, image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. Participant expressly releases the Runball Staff from and against any and all claims which Participant has 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.
Participant shall not be entitled to arrange or conduct any media appearances relating to Participant's participation in the Rally without obtaining the prior written consent of the Runball Staff.
The Runball Staff reserves the right to change these terms and conditions from time to time subject to notifying Participants of the changes. Participant shall be deemed to have accepted the amended terms and conditions by participating in the Rally.
These terms and conditions, this agreement and Participant's participation in the Rally shall be governed in accordance with the laws of Belgium, and Participant our participation, and Participant submits to the jurisdiction of Antwerp, exclusively. By completing the entry form, participating in the Rally, and accepting these terms and conditions, Participant is entering into a legally binding agreement with Runball Rally to participate in the Rally on these terms and conditions.
Participant understands that while the Runball Staff will endeavor to keep Participant's personal information secure, Runball Staff does not accept any responsibility should loss or theft of this information occur. Participant consents to its personal details being passed on to other third parties that the Runball Staff deems appropriate.
Risks Associated with Participation / Risico's verbonden aan deelname
Participant acknowledges and realizes that participation in the Rally is potentially dangerous and that there are numerous risks associated with 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, Participant fully understands and realizes that participation in the Rally may result in serious bodily injury and/or death to Participant, or others. Participant further realizes and understands that the route of the Rally will require driving on public roadways upon which the hazards of traveling are to be expected. Further, Participant realizes that participation in the Rally will require strenuous physical exertion as participants will be required to drive for very long periods of time, including the risk of driving through inclement weather.
Assumption of the Risks / Aanname van de risico's
With full knowledge and understanding of the risks associated with participation in the Rally, Participant enters the Rally voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death).
Compliance with Terms and Conditions of Entry / Naleving van de toegangsvoorwaarden
Participant agrees to comply with all the Rally's terms and conditions of entry. Participant acknowledges and understands that the Runball Staff 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 / vrijlating van aansprakelijkheid
In consideration for being permitted to participate in the Rally, Participant hereby waives, releases, and forever discharges, for Participant, its heirs, executors, administrators and legal representatives, any and all rights and/or claims which Participant has, may have, or may hereafter accrue to Participant against the Runball Staff (and its officers, directors, employees, consultants, agents) and Rally sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by Participant or its vehicle directly or indirectly arising out of Participant's participation in the Rally (including the application of emergency or medical services at the Rally) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise nothing in these Terms and Conditions shall be construed as excluding or limiting the Runball Staff's liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, Participant covenants not to sue the Runball Staff (and its officers, directors, employees, consultants, agents) and Rally sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by Participant directly or indirectly arising out of Participant's participation in the Rally. 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 recognizable claim arising out of Participant's participation in the Rally (including all legal costs associated with such claims).
Indemnity / vergoeding
Participant hereby agrees to release, defend, indemnify, and hold harmless the Runball Staff (and its officers, directors, employees, consultants, agents) and Rally sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of Participant's actions or otherwise from Participant's participation in the Rally whether made or claimed during or after the Rally, including all associated costs and expenses and any amounts which the Runball Staff may pay as a settlement or compromise of any such claims or liabilities.
Personal Acquisitions / persoonlijke acquisities
The entry fee into the Runball Rally does NOT include personal acquisitions, gas, telephone bills or other expenses and disbursements incurred while staying in the hotel, fines of any sort, or damage caused at any venue visited, which you will be responsible for paying.
Event Reproduction / reproductive van evenementen
By signing below, you are agreeing that you will not fund, organize, or invest a rally or similar event which attempts to replicate this Rally or any of its unique features, activities and components or which seeks to benefit in any way from the Organizer’s branding or goodwill. Doing so will result in legal action by the Organizer.
The Belgian law applies to this event. Only the Belgian courts have jurisdiction in the event of a dispute.
Participants of this event have the possibility to view their personal data at any time and to adjust or remove them if desired. This can be done by contacting: info@effectivemedia.be
BELFIUS The personal data of the participants, entered via this event, will be kept until the end of this event and then removed form the Effective Media databases.
By completing this application and participating in the FMOE, you (A) acknowledge and agree to all terms and conditioned contained herein, and (B) agree to tender payment of the entire registration fee (all entry fee payments are final and non-refundable).
