Terms & Conditions
- Organisers: Maruti Suzuki India Limited(“MSIL”) has entered into a
contract with Cougar Motorsport Private Limited (“Cougar”), an entity engaged in the
business of organising motoring and motorsport
events, to undertake and organize the Maruti Suzuki Rock N Road 4X4 Masters, a series of off-road
driving competitions across India (with each such off-road driving competition being referred to herein
as an “Event” and more than one such off-road driving competition and all such off-road
driving
competitions being collectively referred to as the “Events” ). In these terms and
conditions, Cougar
along with their founders, directors, shareholders, sponsors, affiliates, sub-contractors, and suppliers
and all of their respective officers, directors, employees, servants, and agents are collectively
referred
to as the “Organisers”.
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Event Promoters: The Event is being organized in collaboration with MSIL. MSIL along
with its
founders, directors, shareholders, sponsors, affiliates, sub-contractors and suppliers and all of their
respective officers, directors, employees, servants and agents are hereinafter collectively referred to
as
the “Event Promoters."
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Competitors: The below-mentioned terms and conditions govern the relationship between
you, the
Competitor (hereinafter referred to as"Competitor"" or
“you”) and the Organisers. By registering for the
Event and making a payment of the agreed amount to the Organisers, you agree to be bound by these
terms and conditions.
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Entries: The maximum number of entries in an Event is limited to 40. Participation will
be confirmed on
a first come first served basis, subject to the terms and conditions contained herein.
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Eligibility: The Event is open exclusively to Indian nationals, above 18 years of age,
residing in India,
having a current driver's license issued by any motor authority that is recognized under the Motor
Traffic Act in India and participating with a Maruti Jimny (the “Vehicle”). Each
Competitor is allowed to
enrol for a maximum of one (1) Event in any given year. The same Vehicle that is used in one Event
may be used for one other separate entry in the same Event by a different Competitor. No Competitor
shall have any criminal proceeding pending against them and the Vehicle to be used shall not be
involved in any criminal incident or dispute.
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Registration: In order to register for the Event, the interested Competitor has::
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To submit his entry (“Entry”) on or before the prescribed last date mentioned
for the respective Event by
logging into the microsite, www.marutisuzukirocknroad.com, interfaced/linked with the website,
www.marutisuzuki.com
(collectively, the “Website”) and fill the requisite information. The
Organisers
may at their discretion, extend or reduce the timeline for submission of the Entries.
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To pay the Entry fee (the “Entry Fee”).
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To submit the required documentation.
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Entry Fee: The entry fee for the Event is Rs 3,500 inclusive of tax.
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The Entry Fee paid will be entirely refunded in case the registration is rejected by the
Organisers or in
case an Event is cancelled by the Organisers (except for reasons outside their control). The
Entry Fee
will not be refunded for any other reason (including Force Majeure Events) but can be
transferred in
favour of another Competitor, subject to the terms and conditions contained herein.
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Inclusions:
- Decals and participation certificates;
- Light refreshments;
- Basic Medical support i.e. ambulance and medic;
- Personal accident insurance of INR 5,00,000 for the duration of the Event as per the
terms and conditions of the insurance policy
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Exclusions:
- Accommodation;
- Travel expenses to and from respective Event location;
- Vehicle transportation to and from the respective Event location, fuel and tolls,
recovery assistance, servicing, repairs, and fines;
- Vehicle insurance endorsement for motorsport use;
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Selection: All valid Entries submitted by Competitors will be evaluated by the
Organisers. The decision
of the Organisers in selecting the Competitors will be final and binding on all the potential
Competitors
and no correspondence in this regard, shall be entertained under any circumstances of whatsoever
nature. The Organisers reserve the right to restrict the number of Entries/Competitors, as they may
deem fit at their sole discretion without providing any prior notice or justification.
Any employee, their family members or associate of MSIL, including but not restricted to vendors – print, audio and visual
media, production houses, MSIL dealers – are not eligible to participate in the Event. The Organisers
reserve the right at their sole discretion to cancel/withdraw participation of any Competitor who is
found
to be an associate of MSIL and its decision in this regard would be final and binding.
The Organisers reserve the right to disqualify any Competitor that they determine to be tampering with
the process or the operation of the Event, at their sole discretion, and /or to be acting in breach or
potential breach of these terms and conditions. Eligible Competitors understand and agree that they
are not compelled in any way by the Organisers to participate in the Event and any such participation is
entirely voluntary. The submission of false, incorrect, misleading, or fraudulent documentation at the
time of registration may result in disqualification from the Event without any liability on the
Organisers
and the entire amount / deposit / fee, whatever is received will be forfeited.
Notwithstanding anything contained in the clauses of the present terms and conditions, the selection or
rejection of any of the Competitor shall be at the sole discretion of the Organisers at any time without
assigning any reasons and/or providing notice for the same.
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Participation: The Competitor must reach the Event starting point in his/ her Vehicle
along with all
original requisite documents on the prescribed date and time for pre-event scrutiny. If a Competitor is
unable to reach the Event starting point at the prescribed date and time of the Event due to any reason
whatsoever, his/her booking shall be treated as a "no show" for the Event and no refund will be issued.
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Vehicles:
- The Event is open for participation with Maruti Jimny vehicles only. A maximum of two (2)
Entries/Competitors will be allowed to use the same Vehicle.
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The Vkehicle shall only be driven by individuals with a full and valid driving license for light
motor
vehicles. Such driving license shall be carried in original during the Event and be shown before
the
Event begins.
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The Competitor shall ensure that no-one drives the Vehicle under the influence of alcohol or
drugs. The
Competitors shall follow a strict no-alcohol consumption policy while on the Event and
consumption
and/or carrying of alcohol is strictly prohibited during the Event. The Organisers will have the
right to
immediately disqualify the Competitor who is found to be in violation of this rule, and such
disqualified
Competitors will not be entitled to a refund of their entry fees.
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The Competitor shall wear a helmet and keep fastened her/his seat belt at all times in a moving
vehicle.
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The Competitor shall be responsible for the payment of any and all fines, charges or penalties
arising from any legal or regulatory misuse of the Vehicle
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The safekeeping of the Vehicles will remain the sole responsibility of the Competitors. Any damage
caused to the Vehicles during the Event because of accidents, negligence, or natural causes shall be
solely borne by the Competitors and the Organisers bear no responsibility or liability for any damages
and/or expenses suffered by the Competitors on this account.
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In the event of any breakdown of a Vehicle during the Event, the Organisers will assist in getting the
vehicle to the nearest accessible track whereupon it will be the competitors' responsibility to arrange
the necessary repairs and to rejoin the Event. If the repairs are not possible, the Competitor shall be
deemed as non-finisher. No other assistance shall be expected from the Organisers. Competitors are
expected to be self-reliant during the Event.
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Fuel and toll charges shall be borne by the Competitors for their Vehicles.
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Organizers shall not be responsible for any claim, dispute, litigation, action etc., whatsoever in nature
by government authorities, third party or any other person against the Competitor during the Event.
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Documentation and Insurance:At the time of registration for an Event, the Competitor will be
required to produce for inspection and record, comprehensive Vehicle insurance, an original valid
driving licence and registration certificate, authority letter from the registered owner in case the Vehicle
is not owned by the Competitor and such other valid legal documents as may be required for the Event.
For abundant caution, it is clarified that the Entry Fee for each Event does not include costs towards
any insurance premium towards third-party liability or damage to Vehicles. The Competitors are
advised to seek their own appropriate insurances at their own risk and cost. All baggage and personal
property/s at all times will be at the Competitors' risk and Competitors agree that Organisers will be not
be in a position to guard or protect their belongings at any time.
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The Organisers shall not be responsible for any delay or alterations in the itinerary or expenses
incurred - directly or indirectly by Competitors due to natural hazards, accidents, mechanical breakdowns, weather, sickness, landslides, political closures, prohibition orders, local unrest, traffic
jams, medical emergency, or any untoward incident. The Organisers are not responsible for any
mishap or unforeseen circumstances that may occur at any point in time.
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In case a Competitor is compelled to discontinue the Event due to any reason whatsoever including
illness, etc., no claim shall be entertained for refund of unutilized services. Further, the Competitors
shall pay for any towing / transportation costs involved in moving their Vehicle.
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The Organisers reserve the right to withdraw the participation of any Competitor whose behaviour is
deemed likely to affect the smooth operation of the Event or adversely affect the enjoyment or safety of
others and the Organisers shall be under no liability to any such expelled Competitors.
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The numbering of the Vehicles during the Event will be at the sole discretion of the Organisers and no
representation or communication in this regard will be entertained.
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Medical Condition:
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The Event that you have registered for is an adventure event that can place considerable demands on
man and machine. Driving on difficult terrain / in difficult track conditions may lead to extreme stress.
Mud, sand, dust, high humidity, and unfavourable weather conditions etc. may impact you and your
equipment. Fundamentally, the Event is suitable only for fully fit, healthy, resilient adults.
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Each Competitor should only do what he feels capable of doing. Many activities involve risks. Each
Competitor must decide himself what risk he wishes to take.
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It shall be the duty of the Competitors to inform the Organisers in case the Competitor has any medical
history or prescribed restrictions/allergies that may affect his/her ability to participate in the Event.
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If a medical condition has been disclosed by a Competitor, the Organisers shall make an effort to
provide basic medical help to such Competitor, but under no circumstances shall the Organisers be
held liable for any injury, disability, death, sickness etc., that the Competitor may suffer or be bound to
provide any emergency assistance or refund the money.
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Third Parties:
- Although Cougar is making the arrangements for the Event, its responsibility is limited. Cougar is
involved in the bookings related to the Event but does not act as an agent for any party whatsoever.
The limits of its responsibility arise from the fact that it liaises with independent third parties and other
ground operators and suppliers to supply goods and services to Competitors; however, such third
parties are not Cougar's employees or agents or employers or principals. Accordingly, each Competitor
agrees that Cougar shall not and shall be deemed not to manage, control, or supervise the goods or
services they supply and shall not be liable for any acts or omissions, including any negligence, gross
negligence, or reckless or wilful acts, on the part of such third parties or any other defect in such goods
or services. By accepting and utilising the goods and/ or services of said third parties, each Competitor
agrees that Cougar shall not be held liable in any way for any injury, loss, damage, delay, or death or
property loss or damage arising from any act or omission of any such third party.
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Each Competitor further understands and agrees that MSIL is in no manner involved in undertaking the
Event and consequently, shall not and shall be deemed not to manage, control or supervise either the organisers or the third-party suppliers for the Event and shall not be liable for any acts or omissions,
including but not limited to any negligence, gross negligence, or reckless or wilful acts, on the part of
the Organisers or such third parties or any other defect in the Event or such goods or services. By
participating in the Event and accepting and utilising the goods and/ or services of said third parties,
each Competitor agrees that MSIL shall not be held liable in any manner or for whatsoever reason
including but not limited to any injury, loss, damage, delay, or death or property loss or damage arising
from any act or omission of the Organisers or any third party.
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Force Majeure: No party shall be liable for damages or deficiency in service or loss, injury, expense,
etc., in the event of the Event being delayed or cancelled or aborted after commencing due to any force
majeure events including but not limited to Acts of God, natural calamities, prohibition orders,
Government restrictions, lockdown, epidemic, pandemic, local unrest, traffic jams, medical emergency,
accidents, etc ("Force Majeure Event"). The Organisers shall be under no obligation to resume the
Event on the situation having normalized after the Force Majeure Event.
- Liability:
- The Organisers shall not be responsible and / or liable for any damages caused due to circumstances
beyond the control of the Organisers (Force Majeure / Vis Majeure / Acts of God).
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The Organisers shall not be responsible for the temporary or permanent loss of or damage to baggage
or personal effects howsoever caused including wilful negligence on the part of any person.
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The Organisers shall not be responsible for any death, personal injury, sickness, accident, loss, delay,
discomfort, increased expenses, any direct loss or damage including financial loss, or loss of contracts
or goodwill or for any indirect, special or consequential loss and/or damage or any kind of theft
howsoever caused and the Competitor hereby forever discharges them of and from all actions, causes
of action, suits, debts, obligations, claims and demands whatsoever which the Competitor has or
hereafter can, shall, or may have.
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Indemnity: For the purposes hereof:
"Claim(s)" shall mean all claims, damages (excluding punitive or exemplary damages), liabilities,
losses, demands, liens, encumbrances, causes of action of any kind (including, without limitation,
actions in rem or in personam), obligations, costs, judgments, interest, and awards (including, without
limitation, legal counsel fees and costs of litigation if awarded as part of the judgment in favour of the
person asserting the Claim), whether created by law, contract, tort, voluntary settlement, or otherwise,
arising out of, related to, or in any way connected with the event.
“Gross Negligence” means such an entire lack of care as to indicate a conscious indifference and
reckless disregard for the safety of people and property and includes wilful misconduct.
“Negligence” means any sole or concurrent negligent act or omission, fault (including, without limitation,
pre-existing conditions), strict liability, breach of duty or warranty (statutory or otherwise), product
liability, defect (whether patent, latent, or pre-existing) of any property, equipment, or materials and
shall include passive as well as active Negligence.
“Regardless of Cause” means without regard to Negligence, in whole or in part, of the party seeking
indemnity or of any other person. Where expressly stated, Regardless of Cause also means without
regard to Gross Negligence, in whole or in part, of the person seeking indemnity or of any other person.
“Shall Be Liable For And Indemnify” means the indemnifying party shall be solely responsible for and
assume all liability for and defend, release and indemnify and hold harmless the indemnified party or
other person.
“Third Party” means any person other than the Indemnified Parties or myself.
The Organisers and the Event Promoters are hereinafter collectively referred to as the
“Indemnified Parties” .
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The Competitor hereby confirms that he/she has read, understood and agrees to abide by all laws,
rules and regulations relating to or affecting his/her participation including the Rules & Regulations
issued by the Organisers. The Competitor agrees to abide by all relevant laws, rules and regulations as
the same may change from time to time.
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The Competitor hereby confirms that he/she is fully conversant with the risks associated with
motorsport in general and the event specifically. The Competitor accepts that this event is potentially
dangerous and involves risky activities – presented as a challenge. The Competitor understands that
participation in the event specifically can lead to property damage, injury or death and knowingly and
willingly accepts these risks completely.
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The Competitor agrees to indemnify, defend, keep indemnified and hold harmless the Organisers, its
directors, employees, officers, authorized representatives, agents and/or its service providers against
any claim, damages, judgments (including advocate fees), liability, loss, or expens
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out of or in connection with the participation of the Competitor in the Event;
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from the operation, condition, or use of the Vehicle by the Competitor in the Event, including
those arising from a direct or vicarious liability/claims including from a third party resulting out of
his/her act or omission during the entire Event;
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with motorsport in general and the event specifically. The Competitor accepts that this event is
potentially dangerous and involves risky activities – presented as a challenge and understands
that participation in the event specifically can lead to property damage, injury or death and
he/she knowingly and willingly accepts these risks completely.
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out of any loss or damage to any property of the third party including the vehicle or otherwise as
a result of any rash or negligent driving, disobeying the traffic rules, over speeding or any other
reason of whatsoever nature by the Competitor during the Event; and
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out of or due to breach by the Competitor of the terms and conditions of or the breach of any of
the undertakings given by him/her hereunder.
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The Competitor Shall Be Liable for And Indemnify Indemnified Parties from and against any and all
Claims arising out of personal injury, illness, death, or property loss or damage suffered by Third
Parties, to the extent attributable to the Negligence or Gross Negligence of himself/herself or any
member of his/her team.
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Competitor agrees that he/she will not file in person/through any family member and/or third party any applications, criminal and/or civil proceedings, administrative, tort, motor vehicles act/rules, consumer
or otherwise of whatsoever acts, rules, regulations in any courts or forum in India against any
Organiser, its directors, employees, officers, authorized representatives, agents and/or its service
providers to claim any damages or relief in connection with the Event or any matter related to it.
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While participating in the trials, test runs, endurance tests, performance appraisals, or any event as part
of the Event, the Competitor shall not make any claim against the Organisers, its directors, employees,
officers, authorized representatives, agents and/or its service providers for any loss, damage or injury
caused to the Competitor or any other person in any manner whatsoever.
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The Competitor hereby confirms that he/she has obtained all necessary insurances relating to
himself/herself and his/her vehicle.
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The Competitor declares that he/she possesses the standard of competence necessary for an event of
this type to which this entry relates and that his/her vehicle is suitable and race-worthy for the event.
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The Competitor hereby confirms that the Indemnified Parties shall have no liability towards him/her and
hereby forever discharge the Indemnified Parties of and from all actions, causes of action, suits, debts,
obligations, claims and demands whatsoever which he/she has or hereafter can, shall, or may have.
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The Competitor accepts that though reasonable efforts will be made to ensure his/her safety at the
event, it may not be possible for the Organizers to undertake the following:
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to provide testing for COVID-19, quarantine, evacuation or treatment towards the same,
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to evacuate the competitor by air ambulance for any reason whatsoever,
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to ensure that the evacuation to the nearest medical care facility, in case of an accident will be
undertaken with a lifesaving ambulance. The Organizers may undertake evacuation by the
means that they deem appropriate under the circumstances,
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to provide advanced surgery and health care facilities on the route itself, and evacuation to the
nearest medical facility might take any number of hours,
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to provide advanced surgery and health care facilities on the route itself, and evacuation to the
nearest medical facility might take any number of hours,
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to guarantee that no oncoming traffic may be the cause of injuries to my person,
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The Competitor understands that the consumption of alcohol, narcotic, psychotropic and other similar
substances are not permitted on the event and agrees to be excluded from the event if found, during
the actual running of the event, to have consumed any of the above.
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The Competitor hereby indemnifies the Indemnified Parties against any defects in the venue, hidden or
exposed, variations to the competition track marked/ laid-out/ indicated by them or any decisions, under
pressure of time/ events, made by them during the event. The Competitor further acknowledges and
agrees that if required, the Indemnified Parties may arrange such medical or hospital treatment
(including ambulance transportation) for him/her as they find appropriate in the circumstances. The
Competitor authorizes and ratifies such actions being taken by them and agrees to meet all costs and expenses associated with such actions. The Competitor understands and accept that it is compulsory
for him/her to have comprehensive medical insurance and accepts responsibility for the cost of medical
expenses that may exceed the cover provided by his/her insurance.
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The Competitor understands that as a participant in the event, he/she may be included in videos and
photographs taken during the event. The Competitor unconditionally assigns to Organisers all rights,
titles and interests that he/she may have in any and all audio, audiovisual and photographic recordings
or recordings in any other media, of him/her or his/her vehicle and grants to Organisers permission to
use, display, licence, sell and publish or otherwise deal with such recordings including for the purpose
of advertisement, promotion or otherwise or in advertising and promoting similar future events, or in
advertising and promotions related to Cougar Motorsport Private Limited and Maruti Suzuki India
Limited without reservations or limitations. The Competitor further agrees that any such recording(s) will
remain the exclusive property of the Organisers.
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The Competitor waives any right to inspect or approve the programs, the copies thereof and any
promotional materials related thereto. Names and personal information will not be listed without
permission.
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The indemnity above shall be binding on his/her heirs, executors and legal representatives and shall
apply Regardless of Cause. For the purposes hereof, “Regardless of Cause” means without regard to
negligence, in whole or in part, of the Party seeking indemnity or of any other person.
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The Competitor confirms that he/she has obtained legal advice prior to signing this document.
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Intellectual Property Rights and Sharing of Personal Data:
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By participating in the Event, the Competitors hereby unconditionally and irrevocably agree and
consent that the Organisers may use his/her name and / or photograph and/or video and/or audio for
advertising or promotional-related activities without demanding any compensation under any
circumstances whatsoever from Organisers.
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The Competitor also authorizes the Organisers to willingly use any images/videos clicked by him/her,
and which have been shared with the Organisers during the Event, for use on their social media
platforms.
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The Organisers may use any information collected from the Competitor to inform him/her of new
products and services. The data provided will be treated in accordance with Indian law.
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Competitor agrees that he/she not share or upload any material (including photos, videos, documents,
or any other details) relating to the Event, on any platform (including social media platforms), without
the prior permission of the Organisers.
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Competitor agrees that he/she has no objection for using his/her details, data, appraisals of the Event,
photos, video footage, diagrams, schematic drawings, social media posts, and other similar and related
materials to be utilized for promotional purposes like publishing in print, digital, visual or any other
media or any other purposes by the Organisers without any reservation.
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Competitor agrees that he/she expressly and irrevocably assigns all intellectual property rights created,
including, and not limited to the condition mentioned in the sub-clause above, during the course of
participating in the Event to the Organisers without any reservation.
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Governing Law and Jurisdiction: For any claims, suits, complaints, or disputes relating to the Event and
service provided by the Organisers therein, the competent courts in New Delhi, India alone shall have
exclusive jurisdiction.
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Competitor Declaration: By signing below, I confirm that I have understood and unconditionally accept
the above-mentioned Terms and Conditions and agree that these Terms and Conditions will bind all my
legal heirs, executors, successors, administrators, legal representatives and permitted assigns.
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Maruti Suzuki. All rights reserved.