Terms and Conditions

 NOTICE OF FILMING OR RECORDING

Tour DeLux Rally will be filming or recording during the event. By participating in the event, you acknowledge that you have been informed that you may be photographed, filmed, or otherwise recorded for advertising purposes. 

Further, by participating in the event, you grant your irrevocable consent to Tour DeLux Rally (“TDR”), its successors, assigns, and licensees to include your name, likeness, photographic image, mannerisms, and voice (your, “Content”) in TDR advertising, educational materials, brochures, packaging and other promotional material (print and digital) and through other redistributed media, without compensation and/or credit, and for such Content to be exploited for any purpose whatsoever in any and all media now known or hereafter devised throughout the universe in perpetuity.

All photographs, film or video footage, or other audio or video recordings of the Content, and any works derived therefrom, shall be the sole property of Hagerty and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Hagerty, its successors, assigns, and licensees, and release them from any and all liability whatsoever related to the Content. If you do not agree to the above terms or if you do not wish to be photographed or recorded during the event, please do not register for an EVENT. Thank you for your cooperation.

1.   General Information

1. Tour DeLux Rally (henceforth referred to as “TDR”) is not a race or a competition.
2. You must not compete in any manner with other Participants. You must not place any bets of any kind in relation to TDR. You must drive safely in accordance with all road laws in each state 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 (see section 12 below) by the Organizer, its employees, or other Participants you will be removed and prohibited from taking any further part in the Event.
3. Your participation in TDR and any payment shall be deemed to be your acceptance of these Terms and Conditions. If you have any questions regarding these Terms and Conditions or need any further clarification you should contact the Event Organizers. If you do not agree with any part of these Terms and Conditions you should not participate in the Event.
4. TDR reserves the right to amend the advertised route at any stage.

 2.   License and Passport

1. You must hold a current, valid, and unrestricted driver’s license that will be accepted in any and all Countries and States. 
2. You must also maintain a current and valid passport together with the relevant visa(s) for each country visited on the Event during the route. It is your own responsibility to ensure you are in possession of the correct documents you may require for TDR.

3.   Insurance

1. The Organizer is not involved in arranging any insurance and is not regulated for that purpose. 
2. You must obtain and maintain appropriate insurance to cover your participation in TDR. Compulsory insurance includes, without limitation:

• Third party motor liability insurance
• Health Insurance (which includes medical expenses and personal liability)

4.   Refunds

1.  All sales are final, and TDR does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.  
2. You agree from the date TDR receives your payment or any part of the payment, what you have paid will be non-refundable. 

5.   Unauthorized Participants

1. To participate in TDR you must pay the full cost of the event/rally in question, by the given deadline.
2. Unauthorized Participants are individuals who have not paid for the event/rally and are therefore not either the named driver or co-driver and subsequently are not recognized or accredited Participants of TDR.
3. Any unauthorized individual and / or Unauthorized Participants, without exception, seen to be participating in TDR in any way will be charged immediately for their participation by the Organizers. If an Unauthorized Participant has been introduced by you the charge will be payable by you.
4. For the avoidance of doubt a Participant cannot invite an individual to participate in TDR unless they are the named driver or co-driver recognized by the Organizer.
5. For the avoidance of doubt, participating in TDR includes but is not limited to: being a passenger in or driving a participating car for any part or any stage of TDR when you are not registered as a driver or co- driver on the Event; being inside the car displays without accreditation provided by the Organizer; attending any dinners or events inside the TDR Hotels or at any other location where a TDR dinner or event is hosted; attending the TDR checkpoints; attending TDR parties/affiliated events where they are not named on the guest list; attending Drivers Briefing, Drivers Registration or any other occasion hosted during TDR.

6.   Personal Acquisitions

1. The Fee into TDR does not include personal acquisitions and / or disbursements including without limitation: Parking Fees/Resort Fees, gas/fuel, Valet, Room Service, telephone bills or other expenses and disbursements incurred while staying in any of the hotels or venues (including courier/postal charges relating to sending luggage and room service charges), fines of any sort, valet or parking fees, additional resort fees of any type, or damage caused at any venue visited.

7.   Hotel Rooms

1. Included in your Fee you will receive one hotel room at each overnight hotel location (“TDR Hotels”) on TDR.
2. All hotel rooms will consist of either a double bed or twin beds for you and your co-driver to share. If you do not wish to share a room with your co-driver then you may purchase an additional room from the hotel directly via a private booking at such time when TDR releases the hotel information.
3.  Registration does not cover parking fees or valet. 

8. Compliance

1. You must comply with all applicable laws and regulations of the country and/or states in which you are travelling ("Applicable Laws"), including without limitation 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, TDR reserves the right at its sole discretion and without being subject to any appeal to prohibit you from participating further in TDR without giving any refund.
2. You must participate in TDR in the vehicle you stated when completing the Entry Form. You will only be able to participate in another vehicle subject to the Organizer's consent (which it is entitled to withhold in its absolute discretion). If the Organizer does not consent to you participating in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in TDR (and you shall not be entitled to a refund of your Entry Fee).
3. If you want to transfer your place to another individual then you must inform the Organizer before two months ahead of the Event. The Organizer reserves the right to approve or disapprove the proposed transferee.

9. Responsibility and Assumption of Risk(s)

1. TDR accepts no responsibility or liability for (a) the consequences of you being refused passage and/or entry/exit to or from any country visited en route or (b) any damage that may be caused to your vehicle or damage to or loss of contents in the vehicle.
2. Participants, and affiliate participants hereby release, waive, discharge, and convent not to sue the promoters, staff, contractors, participants, sponsors, sanctioning organizations, track operators, track owners, advertisers, consultants, directors, officers, agents, employees, or affiliates. Participants release the promoters, staff, contractors, participants, sponsors, sanctioning organizations, track operators, track owners, advertisers, consultants, directors, officers, agents, employees, and affiliates from liability of any and all damage or loss and any claim or demands therefore on account of injury to the person or property, or resulting in death or serious injury arising out of or relating to the event(s), whether caused by negligence or otherwise.
3. Any additional costs incurred on TDR are your own responsibility and TDR reserves the right to recover any fees incurred arising out of your actions.
4. You must provide vehicle registration plates for rear of your vehicle. Failure to do so may prevent access to TDR. 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 license, vehicle registration documents which are relevant to the country of registration, proof of vehicle tax and insurance and any necessary certificates and/or consents for use of the vehicle on public roads within the country of registration (where relevant). All information that TDR 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 you warrant to the Organizer that all information which you provide is true and accurate to the best of your knowledge.
5. Participants acknowledge and realize that participation in TDR is potentially dangerous and there are many risks associated with participation. Such risks and dangers include, but are not limited to: traffic accidents, collision with pedestrians, other vehicles, animals or fixed objects, and the negligence of other drivers. 
6. Participant’s in TDR understand and realize that participation in TDR can result in serious injury/death to participant or other drivers. Participants and affiliate participants assume full responsibility for any risk of bodily injury, death, or property damage arising out of, or relating to the event(s) whether caused by negligence or otherwise.
7. Participants will be required to drive long periods of time and could feel drowsiness and or encounter inclement weather. With the understanding of these risks, participants enter the rally voluntarily and fully accept and assume previously disclosed and undisclosed risks. 
8. If you have to withdraw from the event for any reason you should notify the Organizer immediately. 

10. Conduct

1. You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during TDR.
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 hotels policies.

 11. Incidents

1. Should any incident take place on or in relation to a TDR Event, Rally, Drive, or Gathering, TDR reserves the right to enact the Incident Procedure.
2. TDR's Incident Procedure allows TDR to temporarily or permanently ban any Driver, Passenger, Team, Sponsor, Person, Persons, Business, Product, or otherwise from participation in, or relation to TDR and its associated activities. 
3. Parties who involve themselves in incidents they were not otherwise directly involved in, may also be temporarily or permanently banned from participation in, or relation to TDR and its associated activities.
4. TDR does not tolerate participants engaging in gossip, drama, immaturity, slander, or hype in relation to incidents - TDR Incidents or otherwise. Engaging in these behaviors in word, on social media, or on other platforms could result in a penalty including, but not limited to being temporarily or permanently banned from participation in, or relation to TDR and its associated activities.

12. Safety

1. You must not consume alcohol while, or directly prior to driving.
2. You must not drive under the influence of alcohol or any other intoxicating substance at any time.
3. You must not ingest, inhale, inject, or otherwise partake in illegal substances while participating in any TDR Event or activity. Participants or affiliate participants found to be  ingesting, inhaling, injecting, or otherwise partaking in illegal substances will be prohibited from participating further in the Event, without refund.
4. If TDR, its employees, or participants find you to be under the influence of alcohol or any other intoxicating substances whilst driving or attempting to drive, TDR reserves the right to prohibit you from participating further in the Event, without refund.
5. If TDR, its employees, or participants find you to be participating in any illegal action of any kind, TDR reserves the right to prohibit you from participating further in the Event, without refund.
6. 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.  

13. Indemnity

1. It is a condition of your entry to TDR that you agree to indemnify the Organizer, its directors, officers, employees, agents and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against TDR by any third party as a result of your action or participation in TDR, including without limitation, your violation of any Applicable Law(s) or regulations or your breach of these Terms and Conditions.
2. Participants, and affiliate participants hereby release, waive, discharge, and convent not to sue the promoters, staff, contractors, participants, sponsors, sanctioning organizations, track operators, track owners, advertisers, consultants, directors, officers, agents, employees, or affiliates. Participants release the promoters, staff, contractors, participants, sponsors, sanctioning organizations, track operators, track owners, advertisers, consultants, directors, officers, agents, employees, and affiliates from liability of any and all damage or loss and any claim or demands therefore on account of injury to the person or property, or resulting in death or serious injury arising out of or relating to the event(s), whether caused by negligence or otherwise.

 14. Force Majeure

1. TDR, 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 TDR or any part of it) in cases of fire, earthquake, epidemic or pandemic diseases, 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. TDR 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 TDR 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/situation that otherwise naturally detracts from the Event), such event will be considered to be a force majeure event in accordance with this clause and TDR will have no liability, in particular and without limitation, to refund the Entry fee or any part of it to any Participant.

 15. Logos

1. You agree to have the official decal pack applied to your vehicle by TDR and to maintain them on your vehicle during the entire Event. This consists of the TDR logo and all official partners and sponsors names and logos as well as your team number.
2. You shall not deface, cover up or otherwise obscure such stickers and shall use all reasonable endeavors to keep them visible at all times. Stickers are not permanent and easily removable without damaging vehicle finishes. TDR will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
3. You shall not be entitled to use any of TDR's, partners’ or sponsors’ logos, trademarks, or name for any purpose whatsoever. 
4. The Organizer shall not be responsible for any damage caused to your vehicle during the application or removal of the official decal pack.

 16. Unauthorized Sponsorship

1. If you arrive at or attempt to participate in TDR with your vehicle displaying the branding of a sponsor that has not been authorized by TDR, you will be required at your own cost to remove such branding from your vehicle, 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).
2. All unapproved branding may be removed immediately by TDR without question or notification.

17. Copying the Event

1. You agree that you will not organize, invest in, or fund a rally or similar event which attempts to replicate TDR or any of its unique features, activities and components or which seeks to benefit in any way from TDR’s branding or goodwill. Doing so may result in legal action by TDR and you hereby agree to remain liable for any and all costs incurred by TDR on a full indemnity basis.

18. Media

1. By participating in TDR you consent to allow yourself and your property to be photographed and to be included in the filming of footage documenting TDR.
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 and property in TDR in any and all manner and media throughout the world in perpetuity.
3. You further agree that TDR has the sole discretion to use or refuse to use any photographs or footage in which you  or your property appear, and that if TDR does use such photographs or footage, it may be edited at TDR’s sole discretion.
4. You consent to the use of your name, image, likeness, voice, property, 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 TDR, its directors, officers, agents, employees, consultants, subcontractors, 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.
6. You are entitled to take photographs and film footage of your participation in TDR for non-commercial purposes only (that is for personal and private use only).
7. You are not entitled to reproduce or use photographs or footage of TDR on any website for a commercial purpose, in any printed media or matter or in any television program without first obtaining the prior written consent of TDR.
8. In all circumstances (both commercial and non-commercial) you agree not to photograph, record, reproduce, publicize digitally or in printed media any road traffic accidents, which may occur during TDR.
9. You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in TDR without obtaining the prior written consent of TDR.
10. In the event that any press statements or media appearances are issued or required in any way in connection with your participation in TDR, you will cooperate fully with TDR in such activities.

19. Merchandise & Gift Cards

1. You acknowledge upon purchase that TDR may use third party suppliers for the manufacturing, shipping, and fulfillment of any ordered product, products,  merchandise, or the like. TDR is not responsible for product defects, shipping errors, order delays, product quality, or customer satisfaction.

2. Notwithstanding anything contained in these Terms and Conditions, Tour DeLux Rally's plastic Gift Cards are not returnable or refundable for cash except in states where required by law. Resale of TDR Gift Cards is strictly prohibited.

3. TDR Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are ordering more than 15 cards, please email tourdeluxrally@gmail.com and an associate will contact you. 

4. By purchasing TDR Merchandise or TDR Gift Cards, you are certifying and representing to TDR that the activities in connection with which the TDR Merchandise & TDR Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the TDR Merchandise & TDR Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or TDR. In addition, you agree to defend and indemnify Tour DeLux Rally Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the TDR Merchandise & TDR Gift Cards or violation of any of these Terms and Conditions. Customers in Puerto Rico authorize Tour DeLux Rally Inc. strictly as required by law in cases of possible financial exploitation, to share personal information such as name, address, and transaction information with applicable government agencies pursuant to Regulation #9368.

5. Lost or stolen cards and merchandise will not be replaced. Neither Tour DeLux Rally Inc. nor Tour DeLux Rally 501c3 shall have liability to you for (i) lost or stolen TDR Merchandise & TDR Gift Cards or (ii) use of any TDR Merchandise & TDR Gift Cards by third parties through TourDeLuxRally.com. 

20. Confidentiality

1. You agree to keep confidential, and not disclose to any third party - involved or uninvolved - details of any incidents that occur during TDR or its related activities including, without limitation any and all details of any road traffic accidents or personal disagreements that may occur during TDR. Furthermore, you agree to keep confidential, and not disclose to any third party - involved or uninvolved - the details or logistics of insurance activities as it may relate to the incident(s).

21. Entire Agreement

1. These Terms and Conditions of Entry, and the Entry 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.

22. Change of Terms

1. TDR reserves the right to change these terms and conditions at any time without notifying you of the changes.
2. You shall be deemed to have accepted the amended terms and conditions by participating in TDR, or it's associated events.

23. Refusal

1. TDR 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 or issue a refund).
2. TDR reserves the right to bar entry from anyone not in right standing with our organization.
3. In case of the cancellation of TDR or the refusal to allow you to participate further, no refund will be made.

24. Violation of Terms

1. If you violate any of the above terms and conditions or refuse to follow the instructions given to you during TDR by the Organizer or any of its employees or nominees, you may be prohibited from further participation in TDR without refund. 

By purchasing and participating, you certify that you have read and understand ALL of the above Terms and Conditions and acknowledge and agree to abide by all Terms and Conditions.