Terms and Conditions
Conditions of Entry
The Promoter is Patterson Cheney Pty Ltd trading as Mercedes-Benz Waverley ABN 52 005 805 247 (Mercedes-Benz Waverley).
Mercedes-Benz Waverley is conducting the 2019 Mercedes-Benz Waverley Cycling Challenge (Challenge).
All Entrants must accept the Conditions of Entry to participate in the Challenge.
The minimum age to participate in the Challenge is 18 years old at the time of the Challenge.
Instructions and information on how to enter the Challenge form part of the Conditions of Entry.
By my clicking on “I agree” when submitting my entry, I agree, acknowledge and understand that:
1. I am participating in the Challenge departing from The Port Melbourne Yacht Club, 38 Beach Street, Port Melbourne, to Point Nepean Road, Blairgowrie, voluntarily and solely at my own risk.
2. I may withdraw from the Challenge at any time before the Challenge starts or during the Challenge.
3. I accept the risks associated with the Challenge and acknowledge that they are inherently hazardous and regarded as dangerous. Any such hazards or dangers may include, but are not limited to:-
(a) The colliding of my bicycle with other bicycles, vehicles, persons or property, whether part of the Challenge or not;
(b) Acts of violence, recklessness, errors of judgment and other acts that may cause harm (whether intentional or inadvertent) committed by persons attending or participating in the Challenge, other road users or the public more generally;
(c) The failure or unsuitability of facilities (including without limitation, the public roads over which the Challenge will be conducted);
(d) Breakdown or defects in my bicycle and other person’s equipment; and
(e) The Challenge sharing open public roads with other road users (including but not limited to bikes, pedestrians, cars, buses and trucks).
4. I warrant, promise and agree: –
(a) To follow all the Challenge rules and conditions of participation, follow all directions and instructions given or shown to me by any representative of Mercedes-Benz Waverley, Total Rush or Bicycle Network officials;
(b) To abide by any road rules and traffic signals, and instructions provided by any law enforcement agency representative;
(c) To have a zero blood alcohol level and that I will not be under the influence of any drug or drugs;
(d) To participate in the Challenge in a safe manner and not to unnecessarily put me, any other participant, person or road user or property at risk of damage, death or injury.
5. Further, in consideration of Mercedes-Benz Waverley allowing me to participate in the Challenge, I warrant the following:-
(a) I am over 18 years of age and have capacity to sign this form;
(b) I agree to conduct myself in a proper manner during and in relation to the Challenge and not do anything (or fail to do anything) which would bring myself, other competitors, Mercedes-Benz Waverley, or any of Mercedes-Benz Waverley's representatives into ridicule or disrepute.
(c) I accept that when cycling I am at risk and may suffer or cause serious injury or death or property loss or damage.
(d) At all times during and in relation to the Challenge, I will strictly and promptly comply with all directions and instructions (whether written, verbal or otherwise) given to me by Mercedes-Benz Waverley or any of Mercedes-Benz Waverley’s representatives.
6. I acknowledge that: –
(a) I am participating in the Challenge on a voluntary basis;
(b) Participation in the Challenge is dangerous and contains inherent risks;
(c) I am responsible for ensuring that I am sufficiently fit and healthy to participate in the Challenge and if I have any health issues or doubts prior to the Challenge, I am responsible for seeking appropriate medical advice;
(d) I am responsible for arranging appropriate insurance for myself in relation to the Challenge; and;
(e) Mercedes-Benz Waverley may refuse to allow me to take part or continue in any or all aspects of the Challenge, if Mercedes-Benz Waverley determines, in its absolute discretion, that I am not in the mental or physical condition necessary to be able to safely participate in the Challenge or my participation poses a danger to myself or anyone else.
Consent to use name, image etc.
7. By consenting to these Conditions, I also consent to:
(a) Mercedes-Benz Waverley (and any third parties authorised by Mercedes-Benz Waverley), capturing, recording or using my name, likeness, image, photo and/or voice in any digital, video, written and/or audio format (Content);
(b) Mercedes-Benz Waverley using, disclosing and publishing all or any part of the Content for any purpose Mercedes-Benz Waverley may deem useful and appropriate, including without limitation and at Mercedes-Benz Waverley’s discretion to promote the Challenge, any similar events in the future and/or promoting any products manufactured, distributed and/or supplied by Mercedes-Benz Waverley (Purpose);.
(c) grant Mercedes-Benz Waverley, without any obligation on Mercedes-Benz Waverley to pay me any remuneration, compensation or fee, the irrevocable and royalty free right to forever keep, reproduce, copy, edit, alter, transmit, distribute, disclose, publicise and otherwise use the Content, or any part of it, for the Purpose, anywhere in the world (Right of Use).
(d) irrevocably assign to Mercedes-Benz Waverley any rights (including intellectual property rights) that I may have in the Content, and consent to Mercedes-Benz Waverley exercising the Right of Use with or without acknowledgement of my participation.
Limitation of Liability
8. I agree that Mercedes-Benz Waverley and its related companies and their officers, employees and agents will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury (Loss) which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to my participation in the Challenge except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
9. I continually indemnify Mercedes-Benz Waverley and its related companies and their officers, employees and agents against any claim or proceeding that is made, threatened or commenced and any loss Mercedes-Benz Waverley and/or its related companies and/or their officers, employees and agents incurs or suffers as a direct or indirect results of any act or omission by me in relation to my participation in the Challenge.
10. I acknowledge and agree that Mercedes-Benz Waverley does not make any promise that the Challenge (or any services connected with the Challenge) will be provided with due care and skill or that any materials or equipment provided in connection with the services will be fit for the purposes for which they are supplied. I acknowledge that, to the extent that any warranty (or promise) is implied it is excluded to the full extent permitted by law.
11. Mercedes-Benz Waverley reserves the right, in its absolute discretion, to refuse to allow a participant to participate in the Challenge or to remove a participant from the Challenge for breach of these Conditions of Entry or otherwise determines it appropriate to do so.
Governing law and jurisdiction
12. These terms and conditions are governed by the laws of the State of Victoria and the relevant federal courts and courts competent to hear appeals from those courts.
13. If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these terms and conditions, but the rest of these terms and conditions are not affected.
14. The failure by Mercedes-Benz Waverley to enforce any provision of these Terms of Entry shall not be treated as a waiver of that provision, nor shall it affect Mercedes-Benz Waverley’s right to subsequently enforce that provision.
By submitting my Entry, I acknowledge that I have read and understood them and accept and agree to these Terms of Entry.