Terms in Addition to Registration Instructions
- By participatingin A virtual event – Japanese Classic Car Show / JCCS 2020 World Matsuri Week and by clicking the box below, Entrant agrees to these terms. These terms are between Entrant and Joy International LLC dba the Japanese Classic Car Show Association (collectively JCCSA).
- JCCSA does not guarantee that A virtual event – Japanese Classic Car Show / JCCS® 2020 World Matsuri Week will occur or be completed on the planned schedule. The event may be prevented by natural occurrences, government acts or orders or pandemics, such as Covid. JCCSA does not guarantee any specific award categories.
- JCCSA reserves the right to cancel a registration and withdraw vehicles from participation if an entrant or anyone assisting an entrant: fails to follow the rules, uses inaccurate photographs, harasses others by social media or in person, uses profanity, is intoxicated or fails to follow the reasonable instructions of JCCSA.
- Entrant warrants and represents that the photographs and videos submitted by it do not infringe any copyright and are genuine photographs and videos, which have not been retouched, of an automobile owned by Entrant.
- Entrant agrees to indemnify, protect, hold harmless and defend JCCSA, its officers, directors, agents, attorneys and employees from and against any and all claims, suits, loss, liability, expense and damage, including costs of suit and attorneys’ fees arising out of: (a) photographs and videos submitted by Entrant; or (b) personal injury (including Covid) to persons helping Entrant with its participation in A virtual event – Japanese Classic Car Show/JCCS@ 2020 World Matsuri Week. Entrant waives its rights to raise a defense to its obligations under this section based upon the any intervening, contributing or comparative (whether active or passive) negligence of JCCSA. This indemnity applies: unless and until it is ruled that the loss was the result of the sole negligence or willful misconduct of JCCSA; to any acts or omissions, willful misconduct or negligent conduct (whether active or passive) of Entrant; and whether the claims against JCCSA result from Entrant’s negligence or any other cause, except the sole negligence or willful misconduct of JCCSA. JCCSA may defend itself with counsel of its choice, which will be paid for by Entrant upon presentation of legal bills or requests for retainer. Attorneys’ fees incurred in enforcing this paragraph will be awarded to the prevailing party.
- Entrant releases and waives all claims against JCCSA, whether known or unknown, whether existing or arising in the future, based all, or in part, upon: (a) the decision of JCCSA as to awards; (b) Entrant’s participation in the Annual Japanese Classic Car Show (c) JCCSA’s use of Entrant’s photographs and videos; (d) use of Entrant’s photographs and videos by a third party, even if that third party accessed the images on a JCCSA website or JCCSA social media postings; (e) JCCSA’s use of and modification of social media, including, but not limited to Facebook, Instagram and YouTube; and (f) any personal injuries (including Covid) caused to Entrant by its participation in A virtual event – Japanese Classic Car Show / JCCS® 2020 World Matsuri Week. Entrant acknowledges that its rights under Section 1542 of the Civil Code of California are expressly waived. This section provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- The place for performance by JCCSA is Buena Park, California. Entrant consents to personal service in Orange County, California. Any legal proceeding against JCCSA must be filed in court within 1 year after the claim occurs. The parties waive the right to increase this time by delay in discovery. The failure to file in court within 1 year is an absolute bar. This time limit applies to all claims (regardless if the claim is based on tort, fraud, contract or statute), except indemnity claims. California law, except its conflict of laws, applies to all disputes.
- This Agreement, including the registration form and JCCSA rules for A virtual event – Japanese Classic Car Show / JCCS® 2020 World Matsuri Week, is the entire agreement and supersedes all prior negotiations and agreements. These terms are intended as the final, complete and exclusive statement of the terms and cannot be changed, waived or terminated orally or in writing, unless signed by both parties. There are no express or implied representations, warranties or inducements, except as set forth. Any uncertainty will not be interpreted based on attribution of drafting. This Agreement may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement will be interpreted to give the JCCSA maximum control of A virtual event – Japanese Classic Car Show / JCCS® 2020 World Matsuri Week. If any provision is held invalid, all other provisions remain. The failure of a party to insist upon strict adherence to any provision will not be a waiver of that term and will not prevent that party from enforcing that term. A party will not be prevented from enforcing a term by delay in seeking to enforce it, or on the basis that its conduct was inconsistent with that term. The receipt of any benefit will not prevent a party from enforcing any provision.