Participation of your Vehicle in Test Fitting or Photo Shoot showcasing Rhino Rack products
Participation of your Vehicle in Test Fitting or Photo Shoot showcasing Rhino-Rack products
Terms and Conditions
By submitting the Application to have your Vehicle used in the Test Fitting and/or Photo Shoot (Event) conducted by Rhino-Rack USA, LLC of 2450 Airport Boulevard, Unit D, Aurora, Colorado 80011 (Rhino-Rack), you agree that you have read and accept the following terms and conditions:
1. You warrant and represent that:
a. you are the owner of the Vehicle; and
b. if your Vehicle is chosen for the Event, you agree for your Vehicle to be used by Rhino-Rack for the purpose of the Event.
2. You acknowledge and agree that:
a. submitting the Application does not guarantee that your Vehicle will be chosen for participation in the Event;
b. Rhino-Rack will aim to respond to your Application within 6 weeks of your submission of the Application but is not obliged to do so;
c. Rhino-Rack may cancel or reschedule the Event or participation of your Vehicle in the Event at any time in its sole discretion, whether prior or during the Event, and without any liability for any loss and damage to you for such cancellation or change; and
d. you have read the privacy collection statement and privacy policy referred in it and agree to the collection and use of your personal information as disclosed in those documents.
3. If your Vehicle is chosen to participate in the Event, you agree to follow such reasonable directions of Rhino-Rack as required for participation in the Event.
4. If your Vehicle is chosen for participation in the Photo Shoot:
a. you will need to ensure that your vehicle is completely undamaged and scratch free and is fully washed (including tyres) prior to being brought to the location nominated by Rhino-Rack;
b. you will need to bring your vehicle to Rhino-Rack as directed and make it available without any interruption on the day(s) arranged for the Photo Shoot between 8:30am and 4:00pm; and
c. you acknowledge and agree that during the Photo Shoot your vehicle may need to be driven by representatives of Rhino-Rack for the purpose of the Photo Shoot.
5. If your Vehicle is chosen to participate in the Test Fitting:
a. no modification will be done to your Vehicle, except as may be necessary to install a vehicle roof rack or roof rack system (such as a Pioneer platform and a track) on the roof of your Vehicle;
b. you acknowledge and agree that holes may need to be drilled on the roof of your Vehicle to install a vehicle roof rack or roof rack system, and Rhino-Rack is not obliged to rectify or make good the roof of your Vehicle to the original state if the holes have been drilled, not will you make any claims against Rhino-Rack in relation to or in connection with such holes being drilled on the roof of your Vehicle;
c. you will need to ensure that your vehicle is completely undamaged and scratch free and is fully washed (including tyres) prior to being brought to the location nominated by Rhino-Rack;
d. you will need to bring your vehicle to Rhino-Rack as directed and make it available without any interruption on the day(s) arranged for the test fitting between 8:30am and 4:00pm; and
e. you acknowledge and agree that during the Test Fitting your vehicle may need to be driven by representatives of Rhino-Rack for the purpose of the Test Fitting.
6. If your Vehicle fails to meet any of the specific requirements as necessary for the Event or is not the correct vehicle, then Rhino-Rack will not use your Vehicle.
7. If your Vehicle has a dash camera or video camera (Camera) installed on it (whether inside or on the outside), it is an essential condition of your Vehicle participating in the Event that the Camera will need to be disconnected onsite by Rhino-Rack prior to your Vehicle being used in the Event for reasons relating to privacy and confidentiality.
8. You unconditionally acknowledge and consent to Rhino-Rack disconnecting the Camera onsite before your Vehicle is used in the Event. If, for any reason, the Camera cannot be disconnected (i.e., the Camera is hard wired), Rhino-Rack will cover the Camera with an appropriate material or fabric to prevent any recording.
9. Some legal obligations imposed by law cannot be excluded or limited. Rhino-Rack does not purport to exclude or limit such liability. To the fullest extent permitted by law, Rhino-Rack is not and will not be liable in connection with the Event for:
a. loss of profit or business opportunity, damage, loss, liability, claim or expense arising from your and/or your Vehicle Participation in the Event, and whether such claim arises from breach of contract, negligence or other tort or breach of statute, wilful act or otherwise, or for any indirect, incidental, consequential, special or punitive damages;
b. any damage, loss, liability, claim or expense caused to or brought by a third party against you in connection with and in relation to the Event;
c. any other matter related to your and/or your Vehicle participation in the Event, irrespective of the fact that such liabilities result from any non-performance, negligence of duty and statutory responsibilities, errors and omissions, misrepresentation, torts, interruptions, unauthorised access, or breach of contract by Rhino-Rack, and the possibility of such liabilities was already conveyed to it; or
d. any amount that exceeds the reasonable cost of repair of any damage to the Vehicle caused by Rhino-Rack (except for the holes drilled on the roof of your Vehicle to install a vehicle roof rack or roof rack system, for which no liability is accepted and you waive your rights to make any claim against Rhino-Rack in that regard). For the avoidance of doubt, RHINO-RACK DISCLAIMS ANY LIABILITY WHICH EXCEEDS THE REASONABLE COST OF REPAIR OF ANY DAMAGE TO THE VEHICLE CAUSED BY RHINO-RACK, WITH THE EXCEPTION OF THE HOLES DRILLED ON THE ROOF OF YOUR VEHICLE TO INSTALL A VEHICLE ROOF RACK OR ROOF RACK SYSTEM, IN WHICH CASE NO LIABILITY IS ACCEPTED BY RHINO-RACK AND YOU WAIVE YOUR RIGHTS TO MAKE ANY CLAIM AGAINST RHINO-RACK IN THAT REGARD.
10. Except as provided by clause 9 above, you acknowledge and agree that:
a. the Event may involve certain dangers and risks to your Vehicle (or any other property), such as accidental damage during the installation process;
b. you accept and assume any and all risks of Vehicle and property damage, personal injury, or death;
c. you forever waive, release, and discharge Rhino-Rack, its related entities, affiliates, agents, officers and employees from any and all negligence and liability for your death, disability, personal injury, property damages, property theft or claims of any nature which may occur as a direct or indirect result of your Vehicle participation in the Event;
d. Rhino-Rack (and its affiliates) makes no representation and gives no warranty about the participate in the Event and the quality of, access to and use of the products or accessories which may be installed on your Vehicle. To the fullest extent permitted by applicable law, Rhino-Rack disclaims any implied or statutory warranty (which can be excluded), including any implied warranty of merchantability or fitness of products for a particular purpose;
e. you defend, indemnify, and hold harmless Rhino-Rack, its affiliates, agents, officers and employees from any and all claims of any nature, including all costs, expenses, and legal fees, which may in any manner result from or arise out of this agreement, except for claims resulting from or arising out of Rhino-Rack's sole negligence.
11. Following a successful completion of the Event, you will be eligible to purchase on the day of the Event (subject to availability and compatibility of products):
a. a set of Rhino-Rack roof racks specific to your Vehicle at up to 70% off RRP; or
b. a Pioneer System at 50% off RRP.
12. The roof rack system you select at the discounted price as set out in clause 11, must be a system which is classified by Rhino-Rack as a valid fitment for your Vehicle.
13. You acknowledge and agree that:
a. the offer set out in clause 11 represents a sufficient consideration for the purpose of this agreement;
b. Rhino-Rack is not obliged to pay any fee or other consideration to you in relation to and in connection with your Vehicle participation in the Event; and
c. you will not make any further claims against Rhino-Rack in relation to any work or material which results from your and/or your Vehicle participation in the Event and you have no right, title and interest in or to any product or business venture in conjunction with which the results of your Vehicle participation in the Event may be used, marketed or exploited.
