Terms and Conditions for “The 2019 Royal Enfield Busted Knuckles Build Off”
1. The terms and conditions contained herein apply to your participation in a custom motorcycle build competition called The 2019 Royal Enfield Busted Knuckles Build Of (hereinafter referred to as “Event”) conducted by Eicher Motors Limited (EML).
2. Please read these terms and conditions carefully. By entering into this Event, you will be deemed to have read them and will be legally bound by the terms and conditions.
3. The winning Participant and the motorcycle build(s) will be sent to Rider Mania 2020 event -to be conducted in November 2020 or to another international motorcycle event o Royal Enfield marquee event, at the sole discretion of EML.
4. All the rights including but not limited to the intellectual property rights, copyrights and all other allied, ancillary and subsidiary rights in any and all media in and to the photographs, tapes, movies and recordings of everything the applicant say and do during the proposal submission, build and final judging phases of the Event, Post Event Shoot, Promotional Activity and/or otherwise related to the Event shall vest with EML absolutely for perpetuity, throughout the world.
5. We are fully committed to following laws related to the collection of data and to our carefully considered policy on data collection. You are required to give us the correct details about yourself and EML will not be liable for any damages direct or indirect for any wrong / incomplete addresses submitted.
6. By entering into this Event, The Participant hereby warrants that all information submitted is true, current and complete and that any information supplied is not a breach of any third party’s copyright or other intellectual property rights. The organizers are not liable for any dispute that arises as a result of this.
7. EML also has the right at any time to verify the validity of the eligibility of all Participant, not limited to just the information provided.
8. EML has the right to use the images, videos and any likeness taken of the Participant for publicity purposes in any manner it deems fit, without further remuneration being made payable to the Participant. By entering this competition, the Participant agrees to participate in such promotional activity and material as the organizers may require. In addition, it is a condition of accepting a prize, that the winner will be requested to sign a legal release in a form determined by the Company in its absolute discretion.
9. The decision of EML and/or its representatives, employees, directors, officers or agents with respect to the voting, or any other matter related thereto including the choice of questions or the manner of choosing of winners will be final and binding on all Participants and no questions, correspondence, inquiries, etc. on the manner of conduct of the Event from any party whatsoever will be entertained.
10. EML reserves the right to cancel or postpone the Event/Show without giving any reason and shall not be held liable for any such cancellation or postponement.
11. To the extent permitted by law, EML or its representatives, employees, directors, officers or agents, shall not be liable for any loss suffered or sustained, to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent on the part of EML or its representatives, employees, directors, officers or agents.
12. The interpretation and implementation of the Terms and Conditions shall be at the sole discretion of EML. The decisions of EML shall be final and binding, and not subject to challenge or appeal.
13. The EML reserve the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any anticipated law or regulation or any other event outside the companies’ control. Any change to the competition would be notified as soon as possible by the organizers.
14. Participants will be initially screened through an online process after which shortlisted candidates will be called to create their proposed build.
15. Participants chosen to proceed to the build phase shall provide an updated photo and video content of the build to EML for use on the Event website and promotional materials. Participants are free to post this same photo and video assets via their own social accounts.
16. Participant builds will be completed and ready for delivery to EML or its nominated representative on October 31, 2019.
17. The winners will be determined by expert assessment and public voting. EML reserve the right to decide the process at every stage of the competition.
18. The names of the winners will be announced at the end of the Event. EML reserve the right to determine the specific date.
19. No cash alternatives to the prizes will be offered. The prizes are not transferrable. Also, EML reserve the right to substitute any prize with another of equivalent value without giving notice.
20. Award of Prizes is solely at the discretion of the EML. Assuming ownership of prizes once awarded is the responsibility of the winners.
21. EML reserve the right to disqualify any Participant if it has reasonable grounds to believe the Participant has breached any of the terms, conditions, and rules of the competition.
22. EML has the right to modify or terminate the competition without notice. In the event of such change or termination, by participating in the competition, Participant have agreed to relinquish their rights in respect to the competition and acknowledge that they will have no recourse against the Company.
23. Indemnity, Liability and Force Majeure:
(i) Except for damages caused by EML's wilful intent or gross negligence, EML's aggregate liability for damages arising from or in relation to the this Event, whether in contract, tort or otherwise, is limited to a total amount of ____ and EML's liability for indirect or consequential damages, howsoever arising, is entirely excluded, which include (without limitation) loss of revenues, profits, anticipated savings and goodwill.
(ii) Participant shall be liable and hold EML and their directors and employees (‘Indemnified Parties’), harmless from and indemnify them against any and all actual or contingent damage, loss, injury/death, costs and claims suffered by or brought against Indemnified Parties, resulting from or connected with this Event, the use and/or sale of Vendor’s Goods / Services by Indemnified Parties
(iii) The Participant shall indemnify EML against any third party IPR claims regarding the Goods / Services provided and also against any other claim or loss or damages suffered by EML due to any failure of Participant to comply with its obligations for the provision of Goods and/or Services.
(iv) In no event shall EML be liable for any indirect damages (including but not limited to lost revenue, lost profits or other consequential or incidental damages) based upon the Event,
(v) Neither EML nor Participant shall be liable towards the other party for any non-fulfilment of obligations under this Agreement to the extent fulfilment thereof has been delayed, interfered with or prevented by an event entirely beyond the control of the party concerned, was not for its risk and not reasonably foreseeable (‘Force Majeure’), provided that the party invoking Force Majeure shall use its best efforts to fulfill its obligations by any means possible. In case a situation of Force Majeure continues for more than 30 days, EML shall be entitled to partly or fully terminate or cancel the Event by written notice.
24. Termination: In the instance, if a Participant commits a breach of any of its obligations then EML shall be at liberty to terminate the Participation of that Participant forthwith.
25. Assignment: The Participant shall not assign or subcontract any right or obligation as per this Event without the prior written consent of EML.
26. Governing Law: Unless agreed otherwise, this arrangement is governed by the laws of the United States of America, and the courts thereof shall have exclusive jurisdiction to try any disputes under the arrangement.
27. Acceptance: These Terms and Conditions, together with the relevant Identification Documents approved by EML, set forth the terms and conditions for the Competition and will be binding to Participants upon Vendor’s acceptance (the binding Agreement). Any changes to these terms by Vendor are binding only if accepted by EML in writing.
28. EML has adopted a Whistle Blower Policy that allows its vendors to report improper conduct by its employees. For details please refer to the policy at http://www.eicher.in/code-of-conduct.