Terms and Conditions
1. General Information
The Modball Rally is an event and not a race. Participants must not compete at any level with other participants and must not place any bets relating to this event. Anyone found doing this will be removed immediately from the Modball Event with immediate effect and the remainder of your trip canceled without refund. You must drive with care and attention for your own safety and the safety of others.
2. Entry Fee
All entry fees must be paid by the Modball HQ deadlines. Any team entering or paying their final balance after the payment deadline will incur a £500GBP/$500USD/$500AUD Per Person late entry fee, no exceptions. All deposit payments and amendment fees are taken through PayPal which incurs a surcharge that is passed on to the teams, with the option of an alternative payment method upon request. All final balances must be paid by either bank transfer or cash deposits direct into Modball Limited bank, this information is sent to all participants via email once the deposit is complete. The entry fee covers standard hotels situated where the Modball Rally see fit to suit each event and the amount of people on each rally. Standard hotels require a taxi to get to the evening venue at the cost to each Modballer. Hotels are not provided in London for the Launch Party of the European event. The entry fee does not include any personal expenses during the event including petrol, parking, public transport, taxis, tolls, ferry transfers fees, food, drink, fines, personal loss or damage or any other expenses of any kind. Any expense is the sole responsibility of the participant and any unpaid charges will be invoiced by the event organisers and payable within seven days.
All support vehicles pay the same entry fee as a normal participant. Anyone found bringing extra participants or vehicles to the event without notifying Modball Rally will be removed from the event without refund. Support vehicles are not required to wear vehicle graphics although Modball does provide a set for them.
3. Hotel Accommodation
All participants receive a standard hotel in each city during the rally as part of their entry fee. Standard hotels are 3/4 star hotels and include breakfast. Modball Rally aims to provide twin rooms in all hotels but depending on the city and hotel some rooms may be double beds. Standard hotels are not located in the centre of the city and will require a taxi journey to/from the evening venues. 3/4 star hotels vary greatly throughout Europe so do not expect them to be the same in each city. Modball will also offer participants an upgrade package to 5 star hotels on some rallies but not all, this will be advertised accordingly and only available to participants who have paid their standard entry fee. Upgrade hotels will be located in the middle of the cities. 5 star hotels will include breakfast and secure parking. Any additional service offered to 5 star will be advertised accordingly.
During each rally there will be evening events along the route, not in every city but most cities. These evening events are for participants to catch up with each other and share their experiences. Participants are not required to attend at any party nor are they required to drink alcohol, this is purely the choice of each participant. You must take a valid ID to all parties, a driving license or passport is acceptable. For all parties you must dress smart i.e. shoes and shirts, no shorts or trainers are permitted at any party on Modball Rally. If you do not arrive smart you will be turned away from the venue and not allowed entry.
Modball will cancel any team who have not given their full team details including team members, vehicle make and model and vehicle registration within 30 days of the start of any event. Any teams who have not paid their final balance including any late fees within 30 days of any event will also be cancelled without refund.
6. Age restrictions
All participants must be over 18 years of age for Europe and Australia and 21 years of age for USA.
All participants must adhere to all applicable laws and regulations of each and every country you travel in, this includes without exception all speed regulations, visas, 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. You cannot participate in any other vehicle than the one you are registered with unless authorised by the organisers. If for any reason you decides to withdraw from the event your fee is neither transferable nor refundable under any circumstance.
All ferries are provided as per event description on the Modball website. If any participants miss a planned ferry then they are subject to a possible administration fee from the ferry company which they will be expected to pay.
The Modball Rally (the “Organiser”) accepts no responsibility for the consequences of you being refused entrance or exit in to or out of any country or city during the event including any cost incurred, this is all the participant’s responsibility and in particular any additional costs incurred are solely the participants responsibility.
10. Code of conduct
All participants must conduct themselves sensibly at all times and act responsibly at each of the venues on route. All participants must provide a credit card as a security deposit when entering the accommodation provided and will be charged for any damages/incidentals before leaving the venue.
Damage – if any member of your team causes any damage to property during the course of the rally your captain’s details will be handed over to the Police as the responsible party. You confirm that any damages resulting in a claim will be paid in full to the individual, company or establishment within 24 hours of the incident.
You must NOT:
* Consume alcohol whilst driving nor drive under the influence of alcohol or any other intoxicating substance at any time during the event.
* 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.
You will indemnify the organiser, 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.
12. License and Insurance
All drivers must hold a full valid and unrestricted driver’s license and a current and valid passport (Modball Europe) along with any other visa requirements. This is the sole responsibility of the participants.
Participants are responsible for ensuring their vehicles used in the event are properly licensed, adhere to all laws and vehicle specifications required in the country/state of travel, and fully insured for use on the public highways in all countries detailed in the itinerary.
You must obtain and maintain appropriate vehicle insurance to cover your participation in the Event and shall provide proof of such insurance on registration day in a form satisfactory to the Organiser, this can be a cover note or certificate of insurance. Appropriate insurance includes, without limitation, minimum third party motor liability insurance, medical insurance and personal liability insurance, in all cases disclosing to the insurers that you are participating in the Event. Although Modball check insurance during registration, participation insurance is the sole responsibility of the participants.
13. Foreign Compliance
Each team is responsible to prepare their car and know, understand, and comply with any applicable driving laws of any country they visit during the event.
You agree to have the “Modball” and all official event sponsors’ stickers placed on your vehicle at all times during the event. You are responsible to keep all stickers’ clean and visible at all times. All stickers are non-permanent and are easy to remove and will not leave any damage to vehicles. The organisers are therefore not responsible for any claims of damage to your vehicle as a result of applying or removing of such stickers. If you do not display all Modball stickers at all times during the event you will be removed from the event with immediate effect and the remainder of your trip canceled without refund.
15. Team Sponsorship
All sponsorship has to be authorised by the organiser and you will need to receive written consent from the organiser to place any sponsor(s) logos on your vehicle or clothing. Each team are allowed as many sponsors as they wish to help fund their rally. Team sponsors are allowed with no restrictions on size as long as you have the official Modball stickers in place (see sticker placement guide on www.Modball.com). The organiser reserves the right to refuse any unauthorised sponsored vehicles or individual participants entry to the event.
If your team arrives at or attempts to participate in the event displaying any branding of a sponsor that has not been authorised by the organiser, you will be required to remove it immediately. Any failure to do so will result in refusal to the event and loss of any participation in the Event and you shall not be entitled to a refund of your entry fee.
If your team is discovered to be promising sponsors any kind of media, celebrity endorsements, or anything else of any nature, Modball reserve the right to withdraw your team with immediate effect and you will not be entitled to any refund of your deposit or entry fee.
NO refunds of any kind including the entry fee will be made under any circumstances (including, without limitation, if at any point after you have entered the Event (i.e. after paying any sum towards taking part in the Event) you are unable to participate for any reason.
There will not be any refunds during the whole period of the event. If you are unable to continue in the event for any reason whatsoever the Organiser will NOT make any refunds of the entry fee or pay compensation to you. The Organisers reserve the right to change the event schedule without prior notice if and when they wish to do so. Each stage has sufficient time to arrive at each destination although the route is very demanding. If any team does not manage to complete any part of the route and unable to take part in any part of the event, you will not be entitled any refund of the entry whatsoever. Any team dropping out of any part of the event for any reason will not be entitled to any compensation.
17. Transferal of Entry Fee
Once an entry fee, deposit or part payment has been paid for entry into a Rally, this fee is non-transferable to any other future Rallies, any other teams or any part payment of any future Rallies.
18. Administration Charges
Once you have entered your team into the Modball your team name and it’s members are final. Any amends requested after the specified times will result in a £50 for the European event, $50USD for the US Event or $50AUD for the Australian Event, administration charge per amend, this includes name changes and vehicle detail changes. There are no charges for additional team members other than their entry fee.
19. Violation of terms
If any participators violate any of the above terms and conditions or refuse to follow the instructions given to you prior or during the event by the organiser, you may be prohibited from any or further participation in the event.
The Organiser 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).
21. Copying the Event
By signing the below you are agreeing that you will not organise, invest or fund a rally or similar event which attempts to replicate this Event or any of its unique features, activities and components or which seeks to benefit in any way from the Organiser’s branding or goodwill. Doing so will result in legal action from the Organiser.
22. Image rights
All participants acknowledge and consent to be photographed and to be included in any filming of footage documenting the event. You hereby waive any and all rights of publicity or privacy and grant the organiser and Modball Limited full and complete permission to utilise and exploit your appearance in the event in any and all manner and media throughout the world in perpetuity. You also agree that the Organiser and Modball Limited have the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser or Modball Limited does use such photographs or footage, it may be edited at the Organiser’s or Modball Limited sole discretion. 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. You expressly release the Organiser and Modball Limited and all its employees, consultants, licensees and assigns 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.
All participants are only entitled to take photographs and film footage of your participation in the event for NON-commercial purposes and only for personal and private use only. You are not entitled to reproduce or use photographs or footage of the event on any website, in any printed media or in any television programme without first obtaining the prior written consent of the organiser. You hereby agree to assign (by way of present assignment of future copyright) all your right, title and interest in the world-wide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive world-wide rights of exploitation thereof to Modball Limited. You shall deliver to Modball Limited within 30 days of the end of the Event, at no cost to Modball Limited, a .mov .flv format of all the footage originated by you at the Event and copies of all photographs taken at the Event.
23. Modball Rally Branding
You are not permitted to use the ‘Modball Rally’ logos, name or branding under any circumstance other than placing stickers on your vehicle for an event. You are not permitted to use the brand logo or name on any printed material, clothing or websites. You are not permitted to use the brand logo or name for any social media website including Facebook, Twitter, Instagram or any other online purpose. Any use of the Modball name or logo for any groups, website, pages or anything of any public nature, will result in your dismissal from the event without refund. If you have used the Modball logo or name in a way that Modball determines may have caused a negative effect to the company, this will result in legal action and any losses being claimed.
24. Terms and Conditions changes
The organiser reserves the right to change these terms and conditions from time to time subject to notifying participants of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event.
These terms and conditions and your participation in the event are governed by international law, and you submit to the jurisdiction of the Courts of England.
26. Entire Agreement
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 form.