Terms and Conditions
THE FOLLOWING “TERMS & CONDITIONS” GOVERN THE PARTICIPATION IN THE EVENT OF THE I.C.E. (the “Event”). BY ACCEPTING THIS DOCUMENT, YOU ARE RECOGNIZING AND ACCEPTING THE FACT THAT THEY WILL GOVERN YOU FOR ALL THE FEATURES REGARDING YOUR PARTICIPATION AT THE MENTIONED EVENT AND YOU ARE RECOGNIZING AND ACCEPTING ITS FEATURES. IN CASE YOU DO NOT AGREE WITH AND ACCEPT THE STATED TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO TAKE PART IN THE EVENT.
Art. 1 – Preliminary versus finalized programmes
Preliminary programmes are those still being refined in terms of schedule, routing and locations, and/or in terms of the structures that will be used. The organising party, hereafter referred to as “the Organization”, hereby affirms that it will maintain the services and structures shown in the finalized programme. However, in the unlikely event of services becoming unavailable due to circumstances beyond its control, it reserves the right to substitute them with alternative services and/or structures.
Art. 2 – Cars Admitted
Participation at the Event is upon invitation. Based on the registrations received accordingly to the Concours Classes, a Selection Committee – the sole authority deciding who may take part – will decide which cars are indeed entered, with its decision being final.
The entrant has the right:
- to be accompanied by 1 person, receiving the same services provided to the entrant; no hospitality solutions are provided from the Organization;
- to bring a service team of 2 persons maximum; no hospitality or food & beverage services are provided to the service team;
- to purchase separately via the website theicestmoritz.ch VIP packages regarding F&B on Friday and Saturday lunch. VIP package availability is limited.
Art. 3 – Services included in the participation
Entering the Event, the entrant/participant and the accompanying person will be provided with:
- welcome kit and Welcome Aperitif & Dinner;
- lunch on the lake and Gala Dinner;
Art. 4 – Causes of “Force Majeure”
In the event of any acts of “force majeure”, the Organization will be released from any obligation to provide the services stipulated and will be held blameless for the above or similar, as it will not be in a condition to carry out these services. The term “force majeure” encompasses the following: strikes, bad or unsuitable weather conditions, wars, civil or military disorders, uprisings or riots, natural calamities, pillaging, arbitrariness of public authorities acts of terrorism and unavailability of the lake due to its conditions and subject to the final judgement by the responsible company or authority.
The Organization is indeed subordinated to the reception of a final and official declaration from the local company in charge, See-Infra AG, about the feasibility of the event based on the conditions of the lake and its snowy and icy surface and referring to the necessary guarantees of safety for all the participants, guests, staff, personnel involved. The mentioned final and official declaration is included in the definition of “Force Majeure”.
If one of these events occur and it is no longer possible to provide services, entrants and/or crews will waive the right to any reimbursement, compensation or indemnity. The only possible exception to this would be in the case of damages covered by the insurance policy regarding the Event. However, there is no legally enforceable claim.
Art. 5 – Protection of Privacy Law Concerning the Protection of the Confidential Nature of Personal Data (DSG)
In accordance with Swiss law protecting the confidential nature of personal data (Bundesgesetz über den Datenschutz (DSG) issued June 19, 1992 (Version January first, 2019), the name of each participant is inserted into a database whose sole proprietor is the Organization and may use the information contained therein to send informative material about their activities, or advertising from sponsors and/or partners. In accordance with Swiss law entrants, clients, or whoever is in the database, can at any time, modify or cancel the information via an official communication to be sent to firstname.lastname@example.org .
Art. 6 – Additional and/or informative Communication Bulletins
The Organization reserves the right to make known to all participants, by means of mail and/or website, any changes or additions to the present Terms and Conditions and to the programmes.
Art. 7 – “The ICE.” trademarks, logos, industrial property rights, copyrights and services offered by third parties through the website or by links to third party websites
Be aware that none of the above is public domain. Being entered for the Event does not confer any rights on the registered trademarks “The I.C.E.” or the logos, nor any authorization for use of the above. You also hereby vouch for your driver (if different from the Entrant), assistance and/or mechanical staff, team or crew members and/or guests that no one will claim ownership, license, or use of the above. In addition, no-one will use or register names, trademarks, or other distinctive signs in combination with the names or registered trademarks of “The I.C.E.” and/or with similar easily confused graphics.
The title and the copyright of the website www.theicestmoritz.ch (this includes, but is not limited to images, photographs, animation, videos, audios, music, integrated texts relating to the present website and included material) are the property of the Organization and are protected by copyright law and international treaty arrangements. Copying and/or reproducing material contained on this site is not permitted.
Some of the services offered on this website may include links to third party websites. You have been informed and accept that the Organization cannot be held responsible for the examination or for the evaluation of the content or of the accuracy of this material or of the third-party websites. The Organization cannot guarantee or confirm or have any responsibility for the material or websites of third parties, nor for other material, products or services of third parties. The links are there for your convenience. You must accept that you will not use material from these third parties in any way that can infringe or violate their rights, and that the Organization will not be held in any way responsible for any use in this sense on your part.
Art. 8 – Authorization to take photos / to film: release and indemnity
Entrants authorise the Organization and/or third parties authorised by the Organization to take photos and/or shoot audio-visual works (hereafter referred to as “Content”) of their persons, members of their crews and/or their vehicles and/or personal possessions and/or items of any brands that they own during and in the context of the event. Entrants agree to surrender to the Organization, at no charge whatsoever, unlimited rights to the Content that the Organization and/or third parties authorised by the Organization take or film during the Event. The surrendering of rights gives the Organization the right to store, use for commercial purposes, to distribute the Content to third parties, and to divulge it, in full or partially, with no time limits, also after editing, by means of the press (including but not limited to catalogues, magazines, books, etc) and/or any system of storage and/or broadcasting known at present or to be invented in the future (including but not limited to TV, radio, internet, telecommunications, on- or offline analogical and/or digital systems, etc), with no territorial or easement limits, for all time. Entrants indemnify and hold harmless the Organization and/or owners of specific rights against third party claims pertaining to the right to utilise the aforementioned Content.
Art. 9 – Insurance and indemnity
Each participant shall take part on his own responsibility. The Organization refuses all demands and claims for injury/damage to person/property of participants, drivers, assistants and third parties. In accordance with the Swiss law the Organization has drawn up a civil liability insurance policy for the organisation of the event, which also covers third party liability for the Organization and any bound persons for damage to persons, animals and objects, excluding injury to entrants themselves and their cars. Furthermore, no liability shall be assumed. Entrants agree to obtain insurance in conformity with current law and agree to release the Organization and any of their staff or collaborators involved in the Event, owners of land and property through which the Event passes, from any responsibility for damage or injury to themselves, their drivers, co-drivers, employees and objects, or damage or injury caused to third parties or objects belonging to them, their drivers, co-drivers, employees or appointees. Likewise, entrants shall not hold the Organization responsible for fire and/or theft and/or any other damage that their vehicles may incur during the edition of “The I.C.E.” entrants agree to exonerate and release the Organization from any responsibility whatsoever for fire and/or theft and/or accidents and/or any damage incurred during the Event and waive the right for themselves and their heirs to claim any kind of compensation in relation to any kind of accident their vehicle may incur.
Art. 10 – Pertaining Laws
The relationship between the entrants, participants and their staff on the one hand and the Organization on the other hand as well as the present Terms and Conditions shall be governed and interpreted according to Swiss substantive law with the exception of standards in Swiss international private law that could lead to the application of the law of another country that conflicts with Swiss law.
Art. 11 – Forum of Exclusive Competence
For any controversy regarding interpretation and/or execution of the present Terms and Conditions, the competent authority will be the Court of Law of St. Moritz, to the exclusion of anyone else. Any and all disputes between the entrants, participants and their staff on the one hand and the Organization on the other hand arising from the registration and/or participation to the Event shall be resolved exclusively by the District Court of Maloja, Switzerland.