2017 BANGERS TO BLUFF RALLY

TERMS AND CONDITIONS

  1. Definitions
  2. “The Charity Beneficiaries” means Charities receiving donations from the proceeds of the rally. These are determined by the Rally organisers.
  3. “Participant Team” meansone up to a maximum of four people, who have duly entered the Bangers to Bluff Car Rally and participate in the rally and have agreed to the terms and conditions of the rally. Reference to Participant Team includes reference to each member of the team.
  4. The “Bangers to Bluff Car Rally” means the car rally commencing on 29March 2017 and ending on 9 April 2017 as generally described in these Terms and Conditions.
  5. The “Organisers” means the organisers ofthe Bangers to Bluff Car Rally and specifically the Rotary Club of Half Moon Bay Inc.
  6. A “rally car” means a car purchased by a participant team, the purchase price to not exceed $1,000 (including GST), for the use of the purchasing team specifically to participate in the Bangers to Bluff Rally. That “rally car” to be donated by the owner/s for auction, the proceeds of which will be paid to the Rotary Club of Half Moon Bay. Alternatively the vehicle may be retained by the owner/s in exchange for a mutually agreed donation to the Rotary Club of Half Moon Bay.
  7. “Sponsors” meansall sponsors of the Bangers to Bluff Rally
  8. Participation means taking part in the Bangers to Bluff Rallyhaving paid all fees, observed all the terms and conditions of the rally and national and local body laws and by-laws
  9. “Post rally auction” meansthe auction of Rally Cars to be conducted by William Todd (2011 Ltd) Auctions Invercargill ( WTA) (or by any other party appointed by the organisers) after the end of the Bangers to Bluff Rally in which WTA will undertake to sell each Rally Car offered by the owners.
  10. “Terms and Conditions” means the terms, conditions, requirements and code of conduct set out in this document. The Bangers to Bluff Rally Organisers reserve the right to modify these Terms and Conditions in their absolute discretion. The Bangers to Bluff Rally Organisers will endeavour to notify Participant teams of any modified Terms and Conditions as soon as is practicable. Participant teams shall be deemed to have accepted any modified Terms and Conditions by commencing the Bangers to Bluff Rally. The Terms and Conditionsand all inferred, ancillary and associated agreements and documents are only of force if written and are governed by the laws of New Zealand.
  1. Introduction
  2. Information: These Terms and Conditions include and form part of the information on how to enter the Bangers to Bluff Rally. Entry into the Bangers to Bluff Rally by a Participant team is deemed to be an acceptance of these Terms and Conditions. Should a Participant team not comply with any of these Terms and Conditions, they may be prohibited from participating in the Bangers to Bluff Rally, have their participation in the rally terminated during the rally or denied participation in any future Bangers to Bluff Rally.
  3. The Rally: The Bangers to Bluff Rally is a team event to provide personal challenge and enjoyment, go the road less travelled and raise funds for NZ Charitable Organisations. It is not a race or a competition. Participant teams must not compete in any manner with other teams. Participant teams must not place any bets in relation to the Bangers to Bluff Rally. Participant teams must drive lawfully, safely and with proper courtesy to all other Participant teams and members of the public.
  4. Participants: Members of Participant Teams must be over 18 years of age on 29 March 2017 and hold a current New Zealand or International driver’s licence in order to participate in the Bangers to Bluff Rally.
  5. Costs:Each Participant team is responsible for all costs and expenses associated with participating in the Bangers to Bluff Rally including but not limited to costs or expenses associated with accommodation, food, repairs to the Rally Car used by their Team, transport, personal expenses, fuel expenses, and any fines or other penalties for offences which may be incurred by the Participant team while participating in the Bangers to Bluff Rally.
  1. Entry
  2. Entry Requirements, each Participant Team must;
  3. pay a registration fee of $500 (including GST) per Participant team (payable upon acceptance of Entry) (Registration Fee); and
  4. raise a minimum of $500 of which must be paid to the Organisers at least 2 weeks before the start of the Bangers to Bluff Rally. Teams may continue to fundraise until the end of the Rally, and may also raise funds above the minimum (This is encouraged!)
  5. The Participant Team acknowledges and agrees that the total Fundraising Amounts raised by all Teams participating in the Bangers to Bluff Rally will be distributed at the sole discretion of the Organisers
  6. Payment of Registration Fees or any part of the Fundraising Amounts may be made via cheque or electronic banking.
  7. Acceptance:
  8. Acceptance of Entries in the Bangers to Bluff Rally is at the absolute discretion of the Bangers to Bluff Rally Organisers.
  9. Following acceptance in writing, no refunds of the Registration Fee, Fundraising Amount or any other payments made in accordance with the terms & conditions will be made under any circumstances. This includes (without limitation):
  10. if at any point after a Participant team has entered the Bangers to Bluff Rally, the Participant team is unable to participate in any stage of the Bangers to Bluff Rally for any reason;
  11. if the Participant team is unable to find accommodation or stay at any of the locations during the course of the Bangers to Bluff Rally;
  12. or if a Participant team is removed from participation in the Bangers to Bluff Rally because they have not obtained appropriate Vehicle Registration and warrant or if a Participant team is removed from participation in the Bangers to Bluff Rally because they have not obtained appropriate Vehicle Registration and warrant of fitness (in accordance with clause 6 of these Terms and Conditions). Registration Fees and Fundraising Amounts are non-transferrable.
  13. or if a Participant team is removed from participation in the Bangers to Bluff Rally because they have not complied with the code of conduct in these terms and conditions
  14. or if a Participant team is removed from participation in the Bangers to Bluff Rally because they have repeated infringements or brought the rally into disrepute in any way
  15. Pre-rally completion.
  16. Prior to participation in the rally each Participant Team must demonstrate to the Bangers to Bluff Rally Organisers that they have acceptedand shall maintain during the course of the Bangers to Bluff Rally the Third Party cover arranged by Protecta Insurance covering their participation in the Bangers to Bluff Rally. The Bangers to Bluff Rally Organisers reserve the right to decline to allow any Participant team who has not obtained appropriate insurance cover to participate in the Bangers to Bluff Rally (in the absolute discretion of the Bangers to Bluff Rally Organisers), whether before or after submission of that Participant team’s Entry.
  17. Participant Teams must complete and present the registration form provided by the Rally organisers.
  18. The Participant Team acknowledges that they will be required to pay any costs not otherwise covered by insurance resulting from damage to a Rally Car caused by the Participant Team, speeding fines, or any other traffic infringement fines
  19. Participant Teams are responsible for ensuring that they are present for the commencement of the Bangers to Bluff Rally as directed by the Bangers to Bluff Rally Organisers.
  1. Prizes: Prizes may be awarded to some Teams at the end of the Bangers to Bluff Rally. The Teams which receive prizes will be judged on a number of mystery and fun factors. The award of prizes is in the absolute discretion of the Bangers to Bluff Rally Organisers and their decision is final.
  1. Code of Conduct

Every Participant Team agrees to;

  1. Conduct themselves as teams and individuals in a civil, cheerful and polite manner, with one another, the organisers and members of the public. Teams acknowledge that the rally director may at his discretion may suspend participation of any team that conducts itself contrary to these principals and fails to correct the situation
  2. At no time act to bring the Rally, its organisers, Sponsors or Charities into disrepute in any way. Teams acknowledge that the rally director may at his discretion may suspend participation of any team that brings disrepute by its actions and fails to correct the situation
  3. Report any infringements, fines, police involvement in the rally or altercation to the Rally director before close of play on the day of incident. Teams acknowledge that the Organisers may suspend participation of any team that receives more than two infringement notices during the entire rally. This does not limit the power of the Organisers to immediately remove any Participant Team from the Rally if in the sole discretion of the Organisers, there is evidence that any Participant Team, or member, has committed an offence punishable by loss of licence for 12 months or more, or imprisonment.
  4. Refrain from advising, making statements to or briefing the press in the event of incidents and altercations, and acknowledge that only the rally director or press officer will interact with the media.
  5. Participant teams may not bring any animal (including dogs) with them on the Bangers to Bluff Rally.
  6. Should a Participant team fail to meet the code of conduct, and fail to correct identified shortcomings, they may lose their place in the Bangers to Bluff Rally, and that Participant team may be barred from participating in any future Bangers to Bluff Rally.
  7. The Bangers to Bluff Rally Organisers’decisions are final.
  1. Rally
  2. The Bangers to Bluff Rally Organisers will appoint a Rally Director. The Rally Director will be the point of contact for all queries and will issue all necessary instructions and updates.
  3. The Bangers to Bluff Rally Director may vary the route of the Bangers to Bluff Rally at any time.
  4. Participant teams must comply with all applicable laws and regulations of each Region through which they travel during the Bangers to Bluff Rally, including without limitation, all speed regulations, laws of the road, laws relating to the safety of Rally Cars used and laws relating to the possession or use of alcohol, drugs or other prohibited substances.
  5. Participant teams specifically agree to not, during the course of the Bangers to Bluff Rally, drive under the influence of alcohol or any other intoxicating substance.
  6. Participant teams must not drive in the Bangers to Bluff Rally if their ability to do so safely and properly is in any way compromised by illness, fatigue, lack of adequate rest, or any other condition.
  7. Each Participant team will receive a Bangers to Bluff Rally Manual prior to the commencement of the Bangers to Bluff Rally (Rally Manual) which has important information about the Bangers to Bluff Rally layout, tips for Participant teams while taking part in the Bangers to Bluff Rally, overnight stopovers, ferry crossing and procedures for after Bangers to Bluff Rally completion. The Rally Manual contains information which is essential to Participant teams’ safety. Each Participant team must read the Rally Manual and comply with its requirements.
  1. Cars
  2. No car may exceed $1000 purchaseprice (including GST), a receipt must be presented to verify this. In the instance of a car being donated, a pro forma receipt must be presented confirming the car has been donated to the team and is deemed no greater than $1000.00 in value. Any repairs to the vehicle after purchase are not deemed be part of the vehicle cost.
  3. No car can participate without valid WOF and current registration, the expiry date of the registration and WOF must be at least three months after the end of the Rally. Further every car must carry appropriate insurance (see clause 3.c.i)
  4. Each Team agrees to have official stickers attached to the bonnet and two front doors of their Rally Car during the course of the Bangers to Bluff Rally. Each team also agrees to have Sponsor stickers attached to the car in places nominated by the Rally Organisers. Gold Sponsor stickers may be applied to the vehicle sponsored, Platinum Sponsor stickers may be applied to all cars in the field. In the event of sponsorship conflicts of interest the Rally Organisers will make ruling which will be final.
  5. Teams may not deface, cover-up or otherwise obscure these stickers and shall endeavour to keep them clean and visible at all times. The Bangers to Bluff Rally Organisers will not be responsible for claims for damage to the exterior of any Rally Car as a result of the application or removal of such stickers.
  1. Sponsorship:
  2. Each team is required to raise sponsorship for their Banger. This sponsorship amount is to be paid to the Organisers 14 days before the start of the rally.
  3. Gold Sponsorship: Minimum of $500 of sponsorship entitles the sponsor (if desired) to have their logo/branding on their Banger.
  4. Platinum Sponsorship:An entrant may have multiple Platinum sponsors.Minimum of $1500 of sponsorship entitles the sponsor (if desired) to have their logo/branding on all Bangers participating in the rally.
  1. Fund Raising:

As Bangers to Bluff is a Fund Raising event, a dedicatedBangers to Bluff Givealittle page will be provided to enable participants to direct any potential donors to make donations.

  1. Acknowledgement and Release: Each Participant team acknowledges and agrees that:
  2. Participation in the Bangers to Bluff Rally is potentially dangerous and there are risks and dangers associated with participation in it. These risks and dangers include, but are not limited to: the nature of the Rally Cars used in the Bangers to Bluff Rally; traffic accidents; collisions with wildlife, pedestrians, vehicles, other drivers and / or fixed or moving objects; and the negligence of other drivers. Risks may also arise from a number of features of the Bangers to Bluff Rally, including the nature of the activities undertaken as part of, or associated with, the Bangers to Bluff Rally, the roads travelled upon, the distances to be driven, the remote locations covered by the Bangers to Bluff Rally, and the nature of accommodation used during the course of the Bangers to Bluff Rally. Furthermore, participation in the Bangers to Bluff Rally may result in strenuous physical exertion, serious bodily injury, and / or death to Participant teams or to others;
  3. they have considered and accepted the risks and dangers associated with participating in the Bangers to Bluff Rally (including, without limitation, those set out above), are participating freely in it, and have not relied on any representation, advice, statement or information of any kind provided by or on behalf of the Bangers to Bluff Rally Organisers, the Charity Beneficiaries or the Sponsors. Specifically Participants agree they have had the opportunity to take any independent advice they might require prior to entry.
  4. during the course of the Bangers to Bluff Rally, they are responsible for the Rally Car they drive in the Bangers to Bluff Rally, including any damage to the Rally Car or damage caused by the Rally Car to any property or person;
  5. they will not intentionally or recklessly cause or contribute to any damage to any Rally Car used in the Bangers to Bluff Rally (including, for the avoidance of doubt, any Rally Car driven by them or in which they are a passenger); and
  6. they are responsible for any claims, demands, causes of action, prosecutions or proceedings made or brought against them arising from any acts, events, occurrences or omissions during the Bangers to Bluff Rally; and to the fullest extent permitted by law, they release the Bangers to Bluff Rally Organisers, the Charity Beneficiaries and the Sponsors, from any claim (including any right to seek contribution or indemnity), which they may otherwise have in respect of any such claims, demands, causes of action, prosecutions or proceedings.
  7. Acceptance of any rally car into the Bangers to Bluff Car Rally does not amount to any representation or acknowledgement by the Organisers that the rally car is safe, road worthy, or that the mechanical requirements for a current warrant of fitness have been complied with. Each Participant Team acknowledges that the Organisers give no such express or implied representation or warranty. Each Participant Team acknowledges that each member of the team is solely responsible for the safe mechanical condition and operation of a rally car.
  1. Indemnity.
  2. Each Participant Team acknowledges and agrees that
  3. to the fullest extent permitted by law, each Participant Team agrees to indemnify and keep indemnified the Bangers to Bluff Rally Organisers, the Rally Director, the Charity Beneficiaries and the Sponsors (called “the indemnified persons”) from and against any loss, cost, expense, liability or damage suffered or incurred by any of the indemnified persons, other Participant Teams or any other person.
  4. in respect of any claim, demand, cause of action, prosecution or proceeding arising directly or indirectly from any act, event, occurrence or omission of that Participant Team or memberoccurring during or in any way in connection with the Bangers to Bluff Rally; or
  5. as a result of any damage, injury or death to, or caused or contributed to by, the Participant Team or member during the Bangers to Bluff Rally.
  6. To the fullest extent permitted by law, none of the indemnified persons will be liable for:
  7. any loss or damage whatsoever suffered or incurred by a Participant Team resulting from, or incidental to participation in the Bangers to Bluff Rally, whether direct, indirect or consequential, and including (without limitation) loss of income, loss of profits, loss of bargain, and medical, legal, travel, insurance or mechanical costs or expenses, or

any personal injury or death suffered or sustained by a Participant team participating in the Bangers to Bluff Rally, howsoever arising (including but not limited to)