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Renault F1 Ultimate Test Drive PROMOTION TERMS AND CONDITIONS
Eligibility & Entry:
1. The Renault F1 Ultimate Test Drive Promotion (the “Promotion”) is only open to lease and contract hire companies in the UK (excluding Northern Ireland). The Promotion excludes employees of Renault UK Ltd, their relatives, their agents and its dealer network, and anyone professionally connected with the Promotion. Proof of eligibility may be required. Entrants will be deemed to have accepted and agreed to be bound by these terms and conditions when entering the Promotion. Entrants will also be deemed to have accepted and agreed to be bound by the terms and conditions agreed by Renault UK LTD, and Renault Sport Racing Limited (RSR) found in Appendix 1.
2. Entrance is automatic once the Entrant (leasing/contract hire companies who place orders through Renault UK LTD’s dealer network) has ordered a car under fleet terms after the Opening Date of the Promotion.
3. The Promotion will count orders placed from 01/07/2017 (the “Opening Date”) to 30/09/2017 (the “Closing Date”). For an order to be valid, it must be placed on or after the Opening Date and up to and including the Closing Date. Any orders made before or after this date will not be counted.
4. The Promoter and/or its agents does not accept any responsibility whatsoever for any failure to be entered into the Promotion as a result of technical failure, regardless of cause, including, for example, equipment failure, network, server, computer hardware or software failure of any kind. Orders may not be placed through agents or third parties. Incomplete and invalid orders will not be counted.
5. If the Promoter has grounds to suspect any Entrant or third party of cheating, deception or fraudulent or unsportsmanlike-like conduct of any kind (including, without limitation, manipulating the Promotion or any entry) the Promoter reserves the right (in its sole discretion) to disqualify any Entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
6. Entries that do not comply in full with these entry rules and conditions will be disqualified.
Prize
7. The Prize is a test drive in a Renault F1 car.
8. The Prize cannot be transferred, refunded or exchanged for a cash alternative. The Promoter reserves the right to substitute the Prize (or any part of it) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its control.
9. The Prize does not include personal travel insurance. This must be arranged by the Prize Winner, chosen by the winning Entrant. Any other costs incurred on top of what is included to those set out above and that are incidental to the fulfilment of the Prize are the responsibility of the Prize Winner.
10. Except in the case of death or personal injury arising from its negligence, or in respect of fraud, the Promoter, its associated companies and its agents exclude responsibility and all liability to the maximum extent permitted by law, including in respect of (without limitation):
1.1. any postponement or cancellation of the Promotion;
1.2. any changes to, supply of or use of the Prize; and
1.3. any act or default of any third party supplier,
which are beyond the Promoter’s reasonable control.
11. The Promoter reserves the right to withdraw or amend the details of the Promotion in the event of unforeseen circumstances outside its reasonable control without liability to the Entrant, or if a winning Entrant is disqualified from the Prize for a breach in the terms and conditions of the Promotion.
Winner
12. The winner will be the Entrant who achieves the biggest percentage of their privately communicated order target. Order targets will be set by adding 10% or 10 units to the order volume of the same period last year; whichever is greater. When adding 10% to order volume, all decimals will be rounded down. Please see table 14.1 for an example. After a winner is chosen it is then the responsibility of the winning Entrant to select a Prize Winner from amongst its employees (and not include persons involved in the authorising of or placement of orders).
13. The Promoter’s decision is final and binding in all respects on all Entrants and no correspondence will be entered into.
14. The table below demonstrates how the winner will be decided. In the case of a tie, as below, the Entrant with the higher volume will be the winner; in this case, Entrant 3.
14.1
Company Name |
2016 Volume
|
2017 Target (+10% or 10) |
2017 Volume |
% Achieved |
Entrant 1 |
100 |
110 |
105 |
95% |
Entrant 2 |
5 |
15 |
14 |
93% |
Entrant 3 |
250 |
275 |
318 |
115% |
Entrant 4 |
55 |
65 |
75 |
115% |
Entrant 5 |
150 |
165 |
180 |
109% |
15. The Winner will be notified within 3 working days of the Promotion Closing Date via the contact details held by the Promoter. The winning Entrant must acknowledge this notification with a reply by email within 72 hours and notify the Promoter of their chosen Prize Winner and their contact details within 10 working days. If no reply is received and no Prize Winner is communicated within these timeframes, a new winner will be chosen via paragraph 12. No further compensation will be provided to the previous winner.
16. The Prize Winner must then comply with all medical checks and safety requirements set out in the Terms and Conditions agreed upon between Renault UK LTD. and RSR found here: www.renault.co.uk/rs-f1-terms
General
17. These Terms and Conditions shall be governed by the laws of England & Wales and the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Promotion.
18. Renault UK Ltd will use details provided by Entrants for the purpose of administering the Promotion Please see Renault UK Ltd Privacy Policy for further details.
19. Renault UK Ltd will send the name and county of the winner to anyone who writes within one month after the Closing Date of the Promotion. To request the name and county of the winner, please send a stamped addressed envelope to: Renault UK Ltd, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.
Promoter: Renault UK Ltd. Registered office: The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire WD3 9YS.
APPENDIX 1
The following terms and conditions will apply without exception to all bookings made by RSR’s commercial partners (“Partners”), whether as a draw-down against a contractual entitlement under a sponsorship rights package or as a purchase, at preferential partner rate (“Partner Rate”) of places (or of additional places over and above a contractual entitlement) on any Renault Sport Racing Driving Experience event organised by Renault Sport Racing Limited (“RSR”) during the 2017 Formula One Championship season (an “Event”). Please note that these terms and conditions shall also apply to each participant booked by a Partner (except for provisions relating to payment and/cancellation, which solely apply to the Partner making the booking with RSR).
Please note that RSR may appoint third parties to assist with the organisation, logistics and running of all on-track activities during the day. Such third parties shall act as representatives of RSR and shall have authority, on behalf of RSR, to make all necessary decisions in operating and managing any and all aspects of the Event.
1 PARTICIPATION
1.1 In order to participate in the Event, Renault UK will ensure that the selected Prize Winner (“Participant”):
· meets all of the Eligibility criteria (see paragraph 2);
· signs and returns to Renault Sport Racing (“RSR”) by post or email a completed medical questionnaire no later than 14 days prior to the Event. If the Participant answers ‘yes’ to any question in the medical questionnaire, RSR may require him/her to obtain a note from a qualified medical practitioner validating his/her participation in the Event (“Doctor’s Certificate”); and
· provides a copy of his/her driving licence and returns the signed ‘Release/Waiver and Assumption of Risk’ Form (“Release Form”) by post or email to RSR no later than 14 days prior to Event.
1.2 Participation in some or all of the on-track activities will be refused if the Participant has failed to submit a copy of their driving licence, a signed Release Form and a duly completed medical questionnaire as required in paragraph 1.1. No refund or compensation will be available.
2 ELIGIBILITY
2.1 In order to be eligible to participate in the Event, the Participant:
· must speak and understand English or French to a high level;
· must be a minimum age of 22 and a maximum age of 65;
· must hold a full current and valid driving licence;
· must be between 1.55 metres and 1.80 metres in height;
· cannot weigh more than 14 stone 13 lbs (95 kgs);
· must not have blood pressure over 15/8;
· must not have any previous heart conditions or history of epilepsy, head trauma with or without loss of consciousness, dizziness, slipped disk or hernia (unless you have submitted a Doctor’s Certificate);
· must not be undergoing any medical treatment which may impair your judgement or reaction speed;
· must have good eyesight.
2.2 Expectant mothers will be required to submit a Doctor’s Certificate.
2.3 If it becomes apparent at any point before or during the Event that the Participant does not meet any one of these criteria, RSR reserves the right to refuse his/her participation in all or part of the on-track activities scheduled for the day. No refund or compensation will be available.
3 BOOKING
3.1 Each Event package includes accommodation in a local hotel for one night, an evening meal on the night of arrival, breakfast at the hotel on the morning of the Event, lunch at the circuit and, subject to paragraph 4.1, all local transfers from airport-hotel-track and back to the airport. Under no circumstances shall RSR be liable for any personal expenses or ancillary costs incurred (e.g. mini-bar, use of hotel facilities etc.) or for any damage caused to the hotel by the Participant or their guest during their stay. Any such expenses must be settled by the Participant or guest when checking-out. All return flights or other travel costs to and from France shall also be the responsibility of the participant or that of the Partner making the booking (as appropriate).
4 TRAVEL TO FRANCE
4.1 All travel arrangements and costs (including visas if required) shall be the responsibility of Renault UK LTD. The Participant/guest are requested to arrive at Marseille airport the day before the Event they are booked on between 4pm and 6pm to benefit from the local transfer services offered by RSR as part of the package. If the Participant/guest has flights scheduled for earlier or later arrivals, they shall make their own way at their own cost to the hotel.
4.2 No refund and/or compensation will be made in respect of the Participant’s or guest’s inability to attend any part or all of the Event booked due to transport/travel issues.
5 COMPLIANCE / HEALTH AND SAFETY
5.1 The Participant/guest agree and acknowledge that all on-track elements of the Event shall be high risk and inherently dangerous.
5.2 In order to ensure the Participant’s safety and well-being at all times, the Participant must adhere to all health and safety instructions and/or regulations at the circuit, attend all briefings and comply with all instructions given by driving instructors and briefing staff engaged by RSR.
5.3 For safety reasons, RSR will provide all protective clothing and equipment required for the Event. The Participant must wear this at all times as required by RSR. For the avoidance of doubt, the Participant will not be permitted to wear any protective clothing or use any equipment other than that provided by RSR.
5.4 If at any time RSR deems that the Participant is: (a) unable to adhere to or has not adhered to instructions or health and safety rules; (b) unable to remain in full control of his/her car; (c) behaving in an inappropriate or unacceptable manner; (d) under the influence of alcohol and/or drugs; or (e) if he/she makes contact with another car or is involved in an accident, RSR reserves the right to curtail the relevant on-track session the Participant is taking part in and/or refuse, for safety reasons, to allow him/her to drive the high speed F1 single-seater.
6 PASSES AND ACCREDITATION
RSR will provide all passes and accreditation required to give the Participant/guest access to the circuit. The Participant/guest must comply with the terms and conditions of each and every pass and accreditation issued, failing which he/she may be removed from the circuit. No refund and/or compensation will be available should the Participant not be able to participate in the scheduled Event activities as a result.
7 GUEST
7.1 The guest attends the Event as a spectator at the circuit and does so entirely at their own risk.
7.2 The accompanying guest will have access to the circuit but will not be allowed to participate in any on-track and briefing activities during the Event.
7.3 Renault UK LTD and the Participant must ensure that their guest complies with all health and safety requirements at the circuit, the terms and conditions of the accreditation supplied to them and any other instructions given to them by RSR.
7.4 The guest package includes an invitation to the cocktail reception and evening meal on the night of arrival, breakfast at the hotel on the morning of the Event, lunch at the circuit and, subject to paragraph 4.1, all local transfers from airport-hotel-track and back to the airport.
8 CANCELLATION
8.1 RSR reserves the right to cancel any Event if there are insufficient Participants, in which event notice of not less than 14 days will be given and the affected Partners will be given priority booking for a future event.
9 FORCE MAJEURE
9.1 RSR will not be liable for any failure or delay in performance of an Event arising from or attributable to acts, events, omissions or accidents beyond its reasonable control. This includes but is not limited to acts of god, fire, explosion, natural disaster, ash cloud, flood, war, terrorist attack, threats of terrorism, any government act, interruption or failure in the power supply or labour dispute.
9.2 Should any of the above occur RSR reserves the right to cancel any Event, in which event Partners will be given priority booking for a future event.
10 CHANGES TO THE PROGRAMME
Whilst RSR takes every care to ensure that the Event will follow the scheduled programme, the nature of the programme means that it may be subject to change. RSR reserves the right to make amendments to any part of the schedule and/or services provided as considered reasonably necessary whether for safety reasons or otherwise. In particular, RSR reserves the right to make changes to the Event running schedule if weather conditions affect the safe conduct of any of the scheduled on-track activities.
11 VIDEO AND PHOTOGRAPHY
11.1 Renault UK LTD acknowledge and accept (and hereby procure that the Participant acknowledges and accepts) that the Participant may be filmed or photographed at the circuit. Videos or photos of the Participant may be used by RSR or the owner of the circuit for commercial and promotional purposes and the Participant hereby consents to be filmed and/or photographed for these purposes without entitlement to any payment or other form of compensation.
11.2 RSR will have an official photographer on site throughout the Event. Any such photos taken will be made available for the Participant to download free of charge for a limited period of time and for their private use only.
11.3 The Participant and guest are allowed to film, photograph and/or record their participation in the Event on the condition that any such images or recordings are used only for private and non-commercial purposes.
12 LIABILITY
12.1 RSR (including third parties appointed by RSR to assist in the running and organisation of the Event and/or any professional driver of the Formula 1 two-seater car) will not be liable for any personal injury, death or other loss or damage caused to or suffered by Partners or the Participant or their property save to the extent required by law.
12.2 Save where liability cannot by restricted or excluded by law:
(a) the maximum aggregate liability of RSR, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will in no circumstances exceed an amount equivalent to the Partner Rate per Participant per claim; and
(b) RSR shall have no liability to Renault UK LTD or the Participant/guest for loss of business opportunity, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings, consequential, special or indirect loss or damage.
12.3 Partners shall be liable for any damage caused to any persons, property, hotel accommodation, cars or equipment as a result of their Participant’s reckless or negligent behaviour or that of their guest.
13 INSURANCE
13.1 RSR maintains third party liability insurance for its Driving Experiences programme under which the Participant is covered. Please be aware that RSR does NOT maintain any insurance policies that cover injury or loss sustained by the Participant as a result of the actions of another participant.
13.2 All cars used in the Event are valuable high performance vehicles. Accordingly, each Partner on behalf of its Participant shall be liable for any damage caused to a car (or any ancillary equipment) as a result of his/her negligence, recklessness or failure to comply with instructions and briefings received on the day. In such circumstances, RSR shall be entitled to invoice the Partner for all necessary repair costs.
13.3 The Participant shall be responsible for taking out his/her own personal travel insurance.
14 DATA
14.1 Any personal information that the Participants provides to RSR will only be used and recorded in accordance with the Data Protection Act 1998 (as amended). RSR will only use personal information to fulfil a booking for an Event.
14.2 All medical information will be kept confidential and only used by RSR as evidence provided by the Participant of his/her ability to take part in an Event.
15 GENERAL
15.1 The Booking Form, these Terms and Conditions and the Release Form represent the entire agreement between RSR and the Partner (and where applicable the Participant) with respect to the Event. Partners must ensure that all relevant provisions which apply to their Participant /guest are communicated to them beforehand.
15.2 Any part of these Terms and Conditions which is found to be invalid or unenforceable shall be deemed replaced with such provision which is as near to the intent of the original provision as possible but which is not invalid or unenforceable.
15.3 Any variation to these Terms and Conditions shall only be valid if agreed by an authorised representative of RSR in writing.
15.4 These Terms and Conditions shall be governed by English law and the parties agree to submit any dispute to arise out of them or the Release Form to the exclusive jurisdiction of the English courts.