TERMS AND CONDITIONS FOR ENTRY AND PARTICIPATION IN THE FERRARI TRIBUTE TO MILLE MIGLIA 2016

Transcription

1 TERMS AND CONDITIONS FOR ENTRY AND PARTICIPATION IN THE FERRARI TRIBUTE TO MILLE MIGLIA 2016 Important: THE FOLLOWING TERMS AND CONDITIONS ( DG ) GOVERN THE TERMS AND CONDITIONS OF YOUR ENTRY APPLICATION, AND OF YOUR EVENTUAL ADMISSION AND PARTICIPATION IN THE 2016 FERRARI TRIBUTE TO MILLE MIGLIA. IN ORDER TO REGISTER FOR THE RACE, YOU MUST ACCEPT THE DG BELOW. BY SELECTING THE RELATED CLAUSE IN THE APPLICATION FORM, YOU ARE RECOGNIZING AND ACCEPTING THE FACT THAT YOUR APPLICATION AND REGISTRATION PROCESS WILL BE GOVERNED BY THESE TERMS AND CONDITIONS. IN THE EVENT THAT YOU DO NOT AGREE WITH AND ACCEPT THE STATED TERMS AND CONDITIONS, YOUR REGISTRATION PROCESS WILL NOT BE CONSIDERED COMPLETE. Art. 1 - Programs (preliminary and finalized): Preliminary programs are those still being refined in terms of routing and locations, and/or in terms of the structures that will be used. The Automobile Club Brescia and 1000 Miglia Srl, a licensee of the Automobile Club Brescia (hereafter referred to as The Organization ), hereby affirms that it will maintain the services and structures shown in the finalized program. However, in the unlikely event of services becoming unavailable, the Organization is responsible for ensuring that services and/or structures be substituted with services and /or structures of equal or higher quality as indicated in the finalized program. Art. 2 - Historic Cars Regularity: The terms of reference regarding regulations will be the ACI SPORT Regulations currently in use. Time measurement will be guaranteed with a precision of a hundredth of a second with penalties for early or late arrival. Time measurement will be done by use of pneumatic tube pressure switches, which must have print-out equipment. Art. 3 - Cars Admitted to the 2016 Ferrari Tribute To Mille Miglia: only Ferrari cars will be selected by the appropriate commission to take part in the event. Art. 4 Advertising: No form of advertisement may be placed on the cars with the exception of that specifically decided by the Organization, which will be communicated, respecting the ACI SPORT regulations currently in use. The names of the members of the crew may be written on each side of the car, however the allotted space must not exceed the maximum dimensions of 10x40 cm per side. A club insignia, not used either totally or partially for advertising purposes, is allowed on the sides of the car, as long as it occupies a space no larger than 10 x 10 cm. or equivalent area per side of

2 the car. Identification insignia or other signage that was originally on the car, and is still in its exact original format on the car, will be tolerated, even advertising, as long as it serves the same function as it did in the past. It will be necessary to prove that this was originally on this specific car by identifying the car by its chassis number. The Organization and the event officials will remove from all vehicles any kind of publicity that does not conform to the above rules. There will be an initial check prior to the race and further checks will take place throughout the event. Violations by entrants, or non-adherence to what is stated in this article, will result in 12,000 penalty points. Any future entry applications for the event submitted by such crews will not be accepted. The Organization reserves the right to charge offenders for any damages caused to itself. Entrants will be obliged to release the organizers from any responsibility and/or damages to the Organization and to 3rd parties in general and any compensation that is due to these will be at the entrant s expense, as a consequence of violating the aforementioned regulations. Art. 5 - Admission to the 2016 Ferrari Tribute to Mille Miglia and Eventual Protests: The selection committee is the sole authority deciding which vehicles may take part. Therefore no protests as to refused entries will be taken into consideration. The selection committee s judgment is not challengeable and therefore all its decisions are final. Art. 6 - Entry Fee: The entry fee of 7, VAT, considered a deposit includes the following: 6.1 The complete hospitality package for 2 people: Hotel Accommodation (max 4 stars) for 3 nights, in Pesaro, Rome and Parma including breakfast; 3 light dinners; 3 buffet lunches; Invitation to the Awards Ceremony on May 22 nd ; Farewell lunch and refreshments on May 22 nd ; 6.2 The kit for entrants: The road book; The verificato sticker for the car and event numbers; The necessary passes; The catalogue. N.B. No exclusive gifts will be presented to the participants by 1000 Miglia S.r.l., possibly by sponsors. pag. 2

3 6.3 Services and assistance included: Indoor parking during the race where possible. Coordination on the part of our staff throughout the entire event. Art. 7 Additional Services: In addition to services provided in the registration package, it is possible to request and pay separately for the following services: Option of having accommodation arranged for two double rooms utilized for single occupancy (this service is subject to an additional cost); Option of extending your stay and booking additional hotel rooms in Brescia for the days immediately before and/or after the event starting from Sunday night (this service is subject to an additional cost); Option of registering a support crew; personnel specialized in mechanical and technical assistance for your vehicle. This will be limited to only one support crew per participating car (this service is subject to an additional cost); Option of booking an accompanying car crew (this service is subject to an additional cost); Option of purchasing only the entry sticker and the road book for your support crew, leaving you to arrange their food and lodging (this service is subject to an organizational supplement); Applicable charges for individual additional services herein described will be published later Miglia s.r.l. also reserves the right to make available to participants other services on demand charged on top the registration fee. Art. 8 - Entry Applications: Entrants must complete the entry form they can download on our website: and making payment by bank transfer. It will be necessary to attach the following online: FIVA ID Card and/or a FIA Heritage Certificate and/or ACI SPORT papers only for historical cars; photographs of the car (according to the specific requests of the entry procedures). Art. 9 - Objections to the Entry Fee: Under no circumstance whatsoever and at no time will the Organization take into consideration any disputes regarding renegotiation of entry fees. The fee reflects the quality, quantity, type of service and assistance on offer at the time of registration, and will not be renegotiable or refundable after the event. When the Organization begins the preliminary phases of the event organization, it is charged a series of costs are taken into consideration in order to define the entry fees. These costs include, pag. 3

4 for example, publicity costs to make the event known to the public, production, distribution and printing expenses, amongst other significant expenses. In the event that your application is not accepted, your entry fees will be refunded deducting the banking fees or commissions incurred (notwithstanding the provisions of the art of the Italian Civil Code). These fees will be refunded via bank transfer. Art. 10 Renunciation/Race Withdrawal: All obligations connected to the entry application are subject to conditions subsequent to the approval of the ACI SPORT. In the event of non-approval, 1000 Miglia Srl is solely responsible for restituting entry fees considered as a deposit. These fees will be refunded via bank transfer after the banking fees or commissions incurred (notwithstanding the provisions of the art of the Italian Civil Code) have been deducted. In case of a partial or total waiver of participation in the event, the participant will be required to give written notice to 1000 Miglia S.r.l., via , exclusively to the certified address: 1000miglia@legalmail.it. Fees shall be refunded as follows: 50% if communication is made before midnight (UTC/GMT+1 hour) on 22 nd April 2016; No refund if communication is made after midnight (UTC/GMT+1 hour) on 23 rd April 2016; Refund will be paid within 60 days from the date of communication of withdrawal. No reimbursement will be given to entrants who do not show up at the starting line or who withdraw during the event. No fees will be reimbursed if an entrant cannot take part in the event due to invalid or insufficient personal, travel, or car documents. Likewise there will be no refund for all those who have withdrawn from the event as a result of traffic accidents and mechanical or otherwise accidents, or accidents occurred with cars taking part in the race or with cars belonging to the convoy or individual cars not participating at the event itself. No substitution of competitors is allowed after on-line entry applications have closed. One member of the participating team may be substituted up to the point in time when document scrutineering takes place in Brescia, with approval of the Organizing Committee. In the time between technical scrutineering and communication of the final Starting Grid, the additional approval of the Clercks of the Course is required. Substitution of both members of the participating team is subject to the sole, discretionary approval of the Organizing Committee. A first substitution incurs no additional charge. Any further changes are subject to an administration fee of VAT 22% due upon application. Accompanying cars and support vehicles may change members of the crew as long as this has been communicated to the Organization within a reasonable amount of time and as long as there pag. 4

5 are no reasons to oppose this change or other problems associated with this change. If your vehicle is not accepted, the registration fee will be returned, net of bank charges and/or collection charges (departing from Article 1385, paragraph II, of the Italian Civil Code) within 30 th June 2016, by bank transfer. Art. 11 Causes of Force Majeure : In the event of any acts of force majeure, the Organization will be released from any obligation to provide the services stipulated, as it will not be in a condition to carry out these services. The term force majeure encompasses the following: strikes, bad weather conditions, wars, civil or military disorders, uprisings or riots, natural calamities, pillaging, acts of terrorism. These will be considered acts of force majeure and the Organization will be held blameless for the above or similar. If one of these events should occur, and it is no longer possible to provide services, entrants and/or crews will waive the right to any reimbursement, compensation or indemnity with regards to the total amount paid by the entrant. The Organization has to use the sum to cover the costs of organizing the event. The only possible exception to this would be in the case of damages covered by the insurance policy regarding the 2016 Mille Miglia, set up by the Organization. Art Protection of Privacy: 1000 Miglia Srl will treat the personal data of all entrants in accordance with Italian law n 196/03 protecting the confidential nature of personal data Miglia Srl or companies under its supervision, may use an entrants personal data to send (via post, phone, or internet) informative material about their activities, or for advertising from Mille Miglia sponsors and/or partners in 1000 Miglia SrI. In accordance with Article 7, law 196/03, entrants have the right to access their information at any time, modify it, or cancel it. If they wish to oppose any usage of their personal data, they can do so by sending a registered letter to 1000 Miglia Srl, via Enzo Ferrari 4/ Brescia Italia. Art Additional and/or Informative Communication: It is 1000 Miglia Srl s responsibility to make known to all participants, using the best means possible, any eventual changes or additions to the present Terms and Conditions and to the programs. The organization has the responsibility of giving entrants updates or extra information that may clarify or help them better understand the regulations and programs. Art MILLE MIGLIA trademarks, logos, property rights, and copyrights: Being entered for the Mille Miglia does not confer any rights on the registered trademarks or the logo, nor any authorization for use of the above. Entrants have no rights to the MILLE MIGLIA, 1000 Miglia, and 1000 Miglia Freccia Rossa registered trademarks. You also hereby vouch for your driver and/or navigator and/or crews, that no one will claim ownership, license, or use of the above. In pag. 5

6 addition no one will use or register names, trademarks, or other distinctive signs in combination with the names or registered trademarks of the Mille Miglia and/or with similar easily confused graphics. The copyright of the website and all of its content (included, but not limited to: data, graphics, photographs, integrated texts, videos, audios) are the property of 1000 Miglia Srl, unless otherwise indicated. The website services and its content are protected by current Italian and International laws which protect Mille Miglia s rights. Copying and/or reproducing material contained on this site is severely prohibited. Art Website Content: The website could contain links to third party websites or material from third party websites Miglia Srl does not accept responsibility for information, products or services of the websites that are can be accessed through links contained on their website. The content, accuracy and opinions of third party websites are in no way approved or verified by 1000 Miglia Srl. The links are there for your convenience and 1000 Miglia Srl is not responsible for an entrants use of these sites. You must accept the fact that 1000 Miglia Srl does not accept any responsibility for third party websites and cannot be held responsible for damages or losses attributable to the content, the products, or the services made available by these websites. Entrants also accept the responsibility of not violating or infringing upon the rights of third parties and that 1000 Miglia Srl will not be held responsible in any way for an entrants violation of third party rights. Art 16 - Photographic & Filming Rights Release and indemnity: Entrants authorize 1000 Miglia Srl and/or third parties authorized by 1000 Miglia Srl to take photos and/or shoot audiovisual works (hereafter referred to as Content ) of their persons, members of their crews and/or their vehicles and/or personal possessions and/or items of any brands that they own during and in the context of the 2016 Ferrari Tribute to Mille Miglia. Entrants agree to surrender to the Organization, at no charge whatsoever, unlimited rights to the Content that the 1000 Miglia Srl and/or third parties authorized by 1000 Miglia Srl take or film or any other audio-visual support during the event. The Organization retains the rights to hold onto, use for commercial purposes, or to distribute the photos and videos to third parties, without time limits. The Organization can also edit any content to their discretion and use the photos or videos for editorial purposes (including but not limited to newspapers, books, catalogues, magazines, etc.) and/or for any type, means or system of use currently known at present or to be invented in the future (including but not limited to all forms of television broadcasting, radio, internet downloading and streaming, telecommunications, on - or offline analogical and/or digital systems; etc.), with no territorial or easement limits, for all time. Entrants indemnify and hold harmless the Organization and/or owners of specific rights against third party claims pertaining to the content right to utilize the aforementioned content. pag. 6

7 Art Insurance and indemnity: In accordance with Article 124 of the Private Insurance Code (D.Lgs. 209/2005), 1000 Miglia Srl has drawn up a civil liability insurance policy, which is mandatory for all forms of sporting competitions that vehicles take part in. This insurance covers third party liability for the Organization and any bound persons for damage to persons, animals and objects, excluding injury to entrants themselves and their cars. Entrants agree to obtain insurance in conformity with current law and agree to release 1000 Miglia Srl, the Automobile Club d Italia (Italian Automobile Club), ACI SPORT and any of the organization s staff or collaborators involved in the event, the various Automobile Clubs involved in the event, race marshals and owners of land and property through which the event passes, from any responsibility for damage or injury to themselves, their drivers, co-drivers, employees and objects, or damage or injury caused to third parties or objects belonging to them, their drivers, co-drivers, employees or appointees. Likewise, entrants will not hold Mille Miglia Srl responsible for theft and/or fire and/or any other damage that their vehicles may incur during the 2015 Tribute to Mille Miglia and to that effect, entrants agree to exonerate and release 1000 Miglia Srl and the Automobile Club Brescia from any responsibility whatsoever for fire and/or theft and/or accidents and/or any damage incurred during the Event and waive the right for themselves and their heirs to claim any kind of compensation in relation to any kind of accident their vehicle may incur. Art GPS and TRANSPONDER Service GPS Tracker Service: This service provided by the Organization gives individuals competing in the race the opportunity to communicate situations where he/she may require assistance, such as medical assistance or road assistance. When you receive the GPS Tracker, you will receive a document to be signed and a technician will demonstrate how to use the device. If the GPS Tracker is not returned within the time-limit stipulated in the document and/or if the procedure for returning it is not followed, 1000 Miglia srl will charge you the sum of 1, VAT (one thousand five hundred Euros) Transponder Service: This service allows a transponder to be fitted to your car. Differently from the GPS device, this will serve to assist the timekeeping service in signaling the car s race number via the transmission of the transponder. Therefore, this device serves in bettering or rendering timekeeping easier. Without the transponder, timekeeping can be problematic. During the scrutineering, technicians will place a strip of velcro in the car and will provide you with all the information you ll need, along with an instruction booklet on the device. While you re lining up in Viale Venezia in Brescia, technicians will fit the transponder into your car. It must remain there for the duration of the event and must be handed back at the final time pag. 7

8 control at the finish line. If the event that the transponder is not returned within the time-limit stipulated in the document and/or if the procedure for returning it is not followed, 1000 Miglia Srl will charge you the sum of (five hundred Euros). Art Applicable Law and Competent Forum: The present Terms and Conditions ( DG ) are regulated and interpreted according to Italian legislation. All references to laws and provisions indicated in the Terms and Conditions refer to Italian laws and regulations. For any controversy regarding interpretation and/or execution of the present Terms and Conditions, the competent forum shall be exclusively the Court Of Law of the City of Brescia, Italy. This translation has but a mere informative value. Only the original Disposizioni Generali written in Italian has full legal value. pag. 8