I. General Event Information
1. 5th Gear Rally events including (The Whiteout Rally, 5th Gear Rally, Las Vegas Run, et al.) are not races or competitions.
2. 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 in accordance with all road laws in each country and with proper courtesy to all other participants and members of the public. In particular, you must not drive recklessly. If you are seen driving recklessly or otherwise not in compliance with all Applicable Laws by the organizer, its employees, nominees or other Participants you will be removed and prohibited from taking any further part in the Event.
3. Your participation in the Event and any payment of the entrance fee shall be deemed to be your acceptance of these terms and conditions. If you do not agree with or accept any part of these terms and conditions you should not participate in the event.
II. Age of Entrants
1. You must be 21 or above on the first day of the event in order to drive. 18+ for co-pilots.
III. Driver and Co-Pilot Licenses
1. You and your co-pilot both must retain a valid driver's license from any of the 50 United States or it's territories, including but not limited to, Puerto Rico, Guam, the U.S Virgin Islands, et al.
IV. Dates and Weather
1. Dates for 5th Gear Rally events are listed publicly on the official registration form, website, promotional materials, and elsewhere. Dates for events may change due to catastrophic weather events, accidents, road closure events, and more.
2. All events occur regardless of any weather including but not limited to rain, snow, sleet, hail, lightning, and thunder unless conditions become too dangerous to continue driving.
V. Documents
1. All vehicle documents are required to be in your car while participating in a 5th Gear Rally event.
VI. Registration and Insurance
1. Your vehicle must have valid registration and insurance during your participation in a 5th Gear Rally event.
VII. Permitted Vehicles
1. Your vehicle may be denied entry into an event if it is deemed unsuitable or unsafe for a road rally.
2. 5th Gear Rally reserves the right to deny entry to any vehicle without giving reasoning.
VIII. Compliance of Laws and Regulations
1. I agree to comply with all local, county, state, federal, and tribal laws and regulations. I understand that failure to abide by these laws and regulations may result in legal consequences, fines, or jail time by these respective entities.
IX. Personal Purchases
1. The entry fee into the event does NOT include personal acquisitions, petrol (gas), telephone bills or any other expenses incurred while at the hotel, restaurant, lounge, bar, etc., fines of any sort, or damage caused at any venue visited.
X. Indemnification
1. You will indemnify the Organizer, 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.
XI. Force Majeure
1. The Organizer, its directors, employees, sponsors, advisors, agents, and consultants are not responsible if they cannot fulfill 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 the World Health Organisation, 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/or Applicable Laws and regulations.
2. The Organizer cannot be held responsible if it is not possible for it to fulfill 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 to 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 authorized officials such as police and government officials, extraordinary situations, and other force majeure events. For the avoidance of doubt, if the Organizer acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as 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 Organizer will have no liability, in particular, and without limitation, to refund the Entry fee or any part of it to any Participant.
XII: Logo
1. You are not entitled to deface, cover-up or otherwise obscure such stickers and shall endeavor to keep them clean and visible at all times. Stickers are non-permanent and easily removable without damaging vehicle finishes. The Organizer will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
XIII: Refund Policy
1. If you have to withdraw from the event for any reason you should notify the Organizer immediately.
2. By registering for any 5th Gear Rally event, you agree that your Deposit and Entry Fee or any part of the Entry Fee is entirely non-refundable. Refer to specific Rally Event terms and conditions for a breakdown of payment and refund dates.
3. The Organizer reserves the right to amend the advertised route at any stage. All Entrants will be notified of any changes in writing in this instance. If this occurs, no refunds are issued.
XIV: Refunds During Event
1. After the commencement of the Event, the Organizer will NOT make any refund of the entry fee or pay compensation to you if you are unable to participate or 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.
XV: Route Changes/Hotel Changes
1. A route on any event may change at any time without notice.
2. A hotel on any event may change at any time without notice.
XVI: Non-Transferable Entry Fee
1. Once the Entry Fee has been paid this fee is non-transferable to any other future Events or as any part payment of any future events held by the Organizer.
2. If you want to transfer your place to another individual then you must inform the Organizer in writing before two months ahead of the Event. The Organizer reserves the right to approve the proposed transferee
XVII: Responsibility
1. The Event Organizer, 5th Gear Rally, a subsidiary of Paradise Lifestyle Events LLC is not responsible for any fines, fees, tickets, entrance fees to parks, hotel damage fees, et al. that you may receive on an event. You are liable and responsible for all personally incurred fines, fees, tickets, entrance fees to parks, hotel damage fees, et al.
XVIII: Conduct
1. You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Event.
2. When ‘checking in’ to all hotels a credit card must be provided as a security guarantee against any and all incidental charges and any damage to the hotel property. Any such costs incurred must be paid for by you before ‘checking out’ or such costs may be automatically debited from your credit card in accordance with the individual hotel's policies.
XIX: Illicit and Intoxicating Substances
1. 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 Organizer or event staff finds you under the influence of alcohol while driving or attempting to drive or under the influence of any illegal or intoxicating substances, the Organizer reserves the right to prohibit you from participating further in the Event.
XX: Right of Refusal
1. The Organizer reserves the right to refuse participation in or to cancel the Event at any time for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate, no refunds of the entry fee will be made.
XXI: Image Rights
1. By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event.
2. You hereby waive any and all rights of publicity or privacy and grant the Organizer a royalty-free license to utilize and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity.
3. You further agree that the Organizer has the sole discretion to use or refuse to use any photographs or footage in which you appear and that if the Organizer does use such photographs or footage, it may be edited at the Organizer’s sole discretion.
4. 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.
5. You expressly release the Organizer, its directors, officers, agents, employees, consultants, licensees and assignees 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.
XXII: Personal Photography and Filming
1. : 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, in any printed media or matter or in any television program without first obtaining the prior written consent of the Organizer. You hereby agree to assign (by way of present assignment of future copyright) all your right, title and interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive world-wide rights of exploitation thereof to the Organizer.
XXIII: United States of America Law
1. U.S. law in the Event governs these Terms and Conditions and your participation, and you submit to the jurisdiction of the Courts of the United States of America. Please note that by completing the Application 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. It is understood that while the Organizer will endeavor to keep personal information secure, it does not accept any responsibility should loss or theft of this information occur. Consent is given to pass on personal details to other third parties that the Organizer thinks appropriate.
XXIV: Entire Agreement
1. These Terms and Conditions of Entry, the Waiver and the Entry Requirements Form constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties whether in oral or written from.
XXV: Confidentiality
1. 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.
XXVI: Assumption of Risks and Release of Liability
1. 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 personal injury (including death).
2. You and your co-pilot are required to complete a release of liability form in order to participate in any 5th Gear Rally Event. You will both be prohibited from participating and your registration may be canceled if you do not fill out a form.
