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Pat Garvey
I know that this is cross-forum posting, and I apologize. But we want to reach the braodest group for some legal assitance.

Tod914 has probably spent 2-300 hours to get this event ready to work. And, it WILL be a go.

But, we need some help from the legal community here.

We want to keep this "exclusive" to the World. We also want no one, with the exception of the World to profit from this event, which charges nothing to participate, but there are always wolves.

So, to the legals on this site, how do we address:
Contest is void where prohibited by law. All taxes on any
prize won are the sole responsibility of each winner,
including, without limitation, any federal, state, or local
taxes, which may be deemed applicable in such winner's
jurisdiction of residence.
914World.com reserves the right to cancel contests at any time. A reason for canceling a contest may be lack of participation.
914World.com reserves the right to modify the contest rules at any given
time, including the extension of deadlines.
We are not obliged to update this website but we may do so from time to
time and we reserve the right to modify, restrict access or to close this website at any time.

Acceptance of prize constitutes permission to use winners
name, city, state, and winning entry for promotional purposes. Contestants agree that the sole and final judgment as to all matters concerning the contest and interpretation of contest rules are at the sole discretion of 914World.com,
its owners, and its staff.

914World.com, its owners, its staff and its affiliates, are not liable or responsible for: any claims, damages, losses, injuries, or death including any third party claims, arising from or relating to, in whole or in part, any contest, including entry and participation in any contest and acceptance, possession, use or misuse of the prizes; entries that do not follow guidelines; entriesand responses to winner notifications that are illegible, incomplete, late,> lost, misdelivered, marked postage-due, or undeliverable; and any technical or human errors, malfunctions, failures, etc. resulting in participation of contests.

Photo Submission Disclaimer
When you submit copy, photos or video to 914World.com, you grant 914World.com — and all affiliates and assigned others — the right to post, publish, broadcast, print, and use in any manner 914World.com deems appropriate for the
purposes of the contest, in any media now known or hereafter developed, around the planet. This includes, without limitation, the World Wide Web. We will assume that any people in your photos have already given you permission to appear in contest. If you think this will be a problem, please address those issues before submitting the photos.

Your name, photographs and any language contained therein, may be used for public information without additional consideration or compensation. You further release 914World.com its affiliates andssigned others from any and all liability, claims, or damages arising out of or relating to your media submission. You must be 18 years of age or older to participate in submitting copy, photos or videos.

I'm certain there are more issues. Any assistance out there? Please?


Or, are we being anal?
Pat
Pat Garvey
What, there are no legals on this site?
luskesq

You may find it difficult to find an attorney around here to offer much advice without further information. I can only guess at what you are contemplating. Your best bet to to find an attorney near you so that you can actually sit down and chat about what you are envisioning. You give plenty of disclaimer ideas but without a better description of your event, it is difficult provide you with any meaningful advice. I am by the way an attorney practicing in California. Good luck with your venture.

Keith
JeffBowlsby
Thare is at least one atty on this site. Ask Cairo for an opinion on how to proceed.
Eric_Shea
Will there be a modified class?
type47
QUOTE(Pat Garvey @ Mar 15 2011, 04:47 PM) *

... are we being anal?


Is this so complex you need an attorney? It would be easy enough for any outsider to register on 914world to participate so it would still be exclusive to the World. Like actual car shows (concours, wash & shine, ...), if you didn't win, don't be sore and there are no recounts...

Good Luck and don't mean to rain on the parade...
Eric_Shea
QUOTE
Is this so complex you need an attorney?


agree.gif What's at risk here? Hurt feelings?

I think we've gotten this far without an attorney. I seriously doubt if an online car show will send us spinning into litigation unless of course, Cairo doesn't win... then you'll have your day in court or... if rear fogs aren't allowed. I'll sue the pants off anyone who takes a point off for a rear fog. Also, is there a mudflap clause?? (don't want to cause a flap, flap) confused24.gif

biggrin.gif
bandjoey
Call the local PCA group. Probably lots of Ass Dragger Attorneys there biggrin.gif
DarrenG
Pat,

I’m not an attorney. I work with contracts and insurance.
Your disclaimer seems a little weak. I would include a hold harmless/indemnity clause. The reason is that if some spectator gets hurt at an event you’re sponsoring, you can be sure they will include you in the lawsuit. The statement that you are not responsible for any third party claims doesn’t mean squat if the spectator didn’t sign an acknowledgment.

Try this: “By participating in this event, Participant agrees to hold harmless, defend, and indemnify 914World.com, its owners, staff and affiliates, for any and all claims arising in whole or in part from Participants involvement in this event.”
Same thing for the photos: If someone submits a photo for use, they should agree to indemnify you if someone in one of their photos files a complaint.
Again, I’m not an attorney, but I see this every day. If I’m sitting in the adjusters chair and my insured signed this waiver then caused an accident, I’m more likely than not picking up the defense of 914world.com.
Each state is different and insurance policies are different. Some are going to exclude coverage completely for involvement in racing. There is no uniform answer. But, the hold harmless/indemnity is going to give you one more layer of security.

Darren
Scott S
"914World.com, its owners, its staff and its affiliates, are not liable or responsible for: any claims, damages, losses, injuries, or death including any third party claims, arising from or relating to, in whole or in part, any contest, including entry and participation in any contest and acceptance, possession, use or misuse of the prizes; entries that do not follow guidelines; entriesand responses to winner notifications that are illegible, incomplete, late,> lost, misdelivered, marked postage-due, or undeliverable; and any technical or human errors, malfunctions, failures, etc. resulting in participation of contests."

Two Questions:
1. What scenario(s) have you identified that lead to this cause for concern?

2. If you have identified scenarios that are cause for concern, have you run those by the admin group/server owners to see if they agree and are willing to accept the risks?

Any decent attorney can rip apart any disclaimer - especially those that do not require an actual signature.

Have you ever read the back of a ski lift ticket?
r_towle
go to a PCA event like an autox.
Use that disclaimer...its well written.
I think you can get it from the PCA to read the wording.

Rich
spare time toys
This going to be like the on line car show we did for Katrena? We had trophies and entry fee went to red cross. Trophies were donated by the lady that did body work who lived over by St Louis I think. Going blank on her name but remember her photos for the calander.....

Link... http://www.914world.com/bbs2/index.php?sho...c=37550&hl=
Pat Garvey
Look everyone, I appreciate your comments. First, lt\ets's get something straight - I am not competing, so those of you who've made derogitory comments about my purpose should check out tje originality forum. This has been in the works for nearly a year, and I am nothing but a judge/moderator. I would advise those who've made these derogitory comments to READ before you make judgement.

The POINT of this post was to insure that no profits would be made from the event, unless given back to the World for dissemination to wothwhile charities, and to be certain that no ther parties were compensated from this event. Further, that there not be any possibilities of litgious (sp) occurences.

I am NOT anything but a judge/moderator for this event. BUT, I HAVE put on many events through the years & know the safety of legal advise.

Come on, I'm not asking for insurance waivers oranything like that. Just want the entrants to know that the decision of the judges and Chair are final, and that, though protests will be considered, it is the decision of the judges that is final.

Some of us take this seriously, and I would advise anyone interested or not so to review the rules on the originality forum.

We are simply trying to have some fun here, and isolate special 914's. My disclaimers noted are nebulus, which is why I sought the help of legal people here.

Resposes from said legal people have been anything but helpful.

Sorry I bothered you. Seriously thought that maybe someone would help. No matter, we'll do it without your help. Would have been nice to cover the buts of all cocerned though.

Cairo - where art though?
Pat
Pat Garvey
QUOTE(spare time toys @ Mar 18 2011, 04:05 PM) *

This going to be like the on line car show we did for Katrena? We had trophies and entry fee went to red cross. Trophies were donated by the lady that did body work who lived over by St Louis I think. Going blank on her name but remember her photos for the calander.....

Link... http://www.914world.com/bbs2/index.php?sho...c=37550&hl=

No! It's just for fun. Please people - read the associated threads on the originality forum. Don't want to do it - fine. It's a Concours - the first ever on-line.
Mike Bellis
If this is online, here, on this site. Where are the outside profits? Maybe I'm confused. If you dont want someone to steal photos, Have SirAndy write code to put a water mark on the pictures. Or write a security script so you cant save or link photos.

Seems easier than all this legalese...
tod914
Excellent idea Mike. The "profits" would be if somebody produced a publication, T-shirts, calander, etc., from the event without the consent of the club owners and profited by doing so. Certianly not trying to imply any of the club members would do that. So please don't take it the wrong way. We just want to ensure Andy and Mark would get any of the proceeds to use as they see fit, if any profits were to be made from the event. Be it to run their server, donate to a charity, put it towards a club event, or what have you. That's all.
Still alittle bit of work to do on it, but we will be good to go comes May. Pictures won't be posted until the event is ready to be ran. Hope some of you guys and gals decide to participate. It should be alot of fun for those that do.

Here's the link. http://www.914world.com/bbs2/index.php?showforum=80
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