TERMS & CONDITIONS
THE BLUE RACE
These terms and conditions (“Terms and Conditions”) is supplemental and in addition to the terms and conditions for access to and use of the BlueSG service (“Terms and Conditions of Service”) which applies to the Contest which is organised and managed by BlueSG Pte. Ltd. (Company Registration No.: 201617258W), a company registered in Singapore and having its registered office at 16 Science Park Drive, #04-01 DNV GL Technology Centre, Singapore 118227 (“We” or “Us” or “BSG”).
You are deemed to have accepted these Terms and Conditions when you register your participation in the Contest and make full payment of the Participation Fees.
These Terms and Conditions, the Terms and Conditions of Service and the Contest registration form (“Contract”) shall form the entire agreement between Us.
1. Definitions and Interpretations:
1.1 “BSG Crew” shall mean an employee of BSG who has been appointed by BSG to accompany each Participating Group during the Contest. For the avoidance of doubt, such BSG Crew shall remain with the Participating Group that he/she has been assigned to throughout the entire duration of the Contest.
1.2 “BSG Member” shall, for the purposes of this contest mean an individual who has subscribed to BSG’s electric car-sharing program.
1.3 “Business Day” shall mean any day other than Saturdays, Sundays and gazette bank holidays in Singapore.
1.4 “Commencement Date” shall mean the date on which your registration for the Contest is successful.
1.5 “Contest” shall mean the Blue Race which is currently scheduled to occur on 7 December 2019 or such other date as may be notified by Us to you in writing.
1.6 “GST” shall mean the goods and services tax chargeable under the Singapore Goods and Services Tax Act (Cap. 117A) and any similar replacement tax and any similar additional tax.
1.7 “Participation Fees” shall mean the fees payable by each Registered Driver and each Registered Participant to participate in the Contest.
1.8 “Participating Group” shall mean a group of Participants participating in the Contest consisting of one (1) Registered Driver and a maximum of two (2) Registered Participants.
1.9 “Participants” shall collectively refer to the Registered Drivers and Registered Participants.
1.10 “Registered Driver” shall mean:
(i) a BSG Member who holds a valid BSG car-sharing membership; and
(ii) who is at least twenty-one (21) years of age at the time of registration for the Contest; and
(iii) who has received confirmation of his/her participation in the Contest from BSG; and
(iv) is part of a Participating Group.
1.11 “Registered Participant” shall mean:
(i) any person who is not a Registered Driver; and
(ii) who is at least eighteen (18) years of age at the time of registration for the Contest; and
(iii) who has received confirmation of his/her participation in the Contest from BSG; and
(iv) who is part of a Participating Group.
For the avoidance of doubt, a Registered Participant is not required to hold a BlueSG membership at the time of registration for the Contest.
1.12 “Registration Period” shall mean the period from 00:00 on 1 November 2019 up to and until 23:59 on 17 November 2019.
1.13 “Term” shall mean the duration of this Contract as set out in the quotation (more fully described in Clause 4 below).
1.14 All dates and times set out herein are indicative only. BlueSG reserves the right to amend such dates and/or times for any reason at its absolute discretion.
2. Registration Process and Participation Fees
2.1 You may register your interest in participating in the Contest at anytime during the Registration Period.
2.2 We will review each application and the selected participants will be announced by way of email and/or SMS on 19 November 2019.
2.3 Upon receipt of confirmation that you have been selected to participate in the Contest, you may proceed to make payment of Participation Fees made by way of a bank transfer to such account of BSG with such bank as BSG may designate from time to time for such purpose. For the avoidance of doubt, payment must be received by Us no later than 24 November 2019. Failure to make payment by the aforementioned deadline will disqualify you from participating in the Contest.
2.4 In addition to the Participation Fees, you will be required to submit a copy of the front and back of your identification documents (such as your NRIC or passport) during the registration process.
2.5 A Registered Driver will also be required to submit a copy of the front and back of your valid driving licence.
Page 2 of 3
2.6 The Participation Fees for a Registered Driver or a Registered Participant who holds a yearly BlueSG membership shall be Singapore dollars fifteen (S$15).
2.7 The Participation Fees for Registered Driver or a Registered Participant who holds a weekly membership shall be Singapore dollars thirty (S$30).
2.8 The Participation Fees for all other Registered Participants shall be Singapore dollars thirty (S$30).
2.9 All Participation Fees are inclusive of GST and are non-refundable regardless of whether the Registered Driver or Registered Participant subsequently participates in the Contest.
2.10 BSG shall, no later than 26 November 2019, acknowledge receipt of the Participation Fees and confirm your participation in the Contest by way of email and/or SMS. The communication shall also set out the details of the race pack collection.
3.1 Each Registered Driver and Registered Participant shall, together with the other Participants of their respective Participating Group, on the Contest day, report at the starting point no later than 7:30am and present their identification documents (such as NRIC), and the email and/or SMS confirmation from BSG confirming their participation in the Contest.
3.2 Each Participant acknowledges that the Contest is physically strenuous and that he/she is aware of the associated medical and physical risks involved. Accordingly, each Participant agrees to participate in the Contest as his/her own risk, and expressly assume and accept all risks in relation thereto.
3.3 By completing the registration process each Participant warrants to BSG that he/she is in good health and physical condition and free from any medical conditions that affect or preclude his/her from safely participating in the Contest unaided and agrees to be solely responsible for his/her actions. BSG, its employee, directors and agents and all other persons or entities acting in any capacity on its behalf (including, sponsors and/or medical advisers) shall not be responsible for any injury or illness that I may suffer or sustain as a result of my participation in the Contest (unless caused by the gross negligence of BSG or its employees, directors and agents and all other persons or entities acting in any capacity on its behalf (including, sponsors and/or medical advisers)
3.4 Each Participant shall be dressed in the appropriate attire including, without limitation, a sensible pair of running shoes and shall ensure that he/she is sufficiently hydrated during the Contest.
3.5 Each Participant shall, at all times, during the Contest or attendance at any venue hosting any part of the Contest, abide by all Contest rules, regulations and instructions issued by or on behalf of BSG, any rules and regulations imposed by any venue hosting any part of the Contest, and any and all applicable laws, rules and traffic regulations including, without limitation, the Road Traffic Act (Cap. 276). For more information, please refer to section 7 of the Terms and Conditions of Service. Failure to abide by the Contest rules and/or any applicable laws, rules and traffic regulations will result in disqualification in the Contest. In addition, you may be liable for fines imposed by the relevant authorities. BlueSG reserves the right to review and/or suspend your membership.
3.6 Each Participant shall be liable to other individuals for their injuries, if such injuries arise from such Participant’s irresponsible, deliberate or reckless behaviour.
3.7 BSG reserves the right to suspend, cancel or reschedule this Contest at any time prior to the date of the Contest or during the Contest for any reason whatsoever (including, without limitation, any event beyond the control of BSG) without any liability to any Participant.
3.8 BSG shall, in its sole discretion, determine the winning Participating Group.
3.9 BSG’s decision is final and binding on the Participants.
3.10 Each Participant acknowledges and agrees that any prize awarded pursuant to this Contest is non-transferrable and cannot be exchanged for cash.
4. Insurance and Liability
4.1 Participation in the Contest is at the Participant’s own risk.
4.2 To the fullest extent permitted by law, each Participant hereby waives any and all claims, suits or demands arising out of, and the right to sue BSG, its employees, directors and agents and all other persons or entities acting in any capacity on its behalf for, and releases and discharges BSG its employees, directors and agents and all other persons or entities acting in any capacity on its behalf from any liability for any personal injury or death in any way whatsoever caused by or relating to each Participant’s participation in the Contest howsoever caused, save and to the extent found to be directly caused by the negligence of BSG, its employees, directors and agents and all other persons or entities acting in any capacity on its behalf; and any property damage or other loss, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty vehicle, or the activities of others.
4.3 To the fullest extent permitted by law, the Participant irrevocably agrees to indemnify, defend and hold harmless BSG, its employees, directors and agents and all other persons or entities acting in any capacity on its behalf from and against any and all losses, claims, proceedings, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees), whether as a result of each Participant’s own negligence, omission, act, conduct or behaviour otherwise whilst participating in the Contest or otherwise being at any venue hosting any part of the Contest; and/or arising in connection with or as a result of making a claim against BSG, its employee, directors and agents and all other persons or entities acting in any capacity on its behalf. n.
4.4 Under no circumstances shall BSG be liable to the Participant in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, charity funds, anticipated savings or wasted expenditure, or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of registering for the Contest) arising out of the Participant taking part in the Contest or any other matter arising under these terms and conditions or for an aggregate amount greater than the entry fee paid by the Participant.
4.5 Each Participant shall be responsible for his/her own belongings for the entire duration of the Contest and release BSG, its employees, directors and agents and all other persons or entities acting in any capacity on its behalf from any liability for any loss or damage to my property (howsoever caused) in the course of participating in the Contest.
4.6 Nothing in these terms and conditions shall exclude or limit the liability of BSG that cannot be limited or excluded by law.
5. Collection of Personal Information
5.1 Each Participant acknowledges and agrees that BSG, its employees, directors and agents and all other persons or entities acting in any capacity on its behalf may digitally capture and/or record the Contest (in whole or in part) and each Participant hereby consent to such images and/or videos being taken for safety or security or promotional purposes. Such images and/or videos will be the exclusive property of BSG and each Participant agrees to the free publication and/or use in any form or media whatsoever of such images and videos, without payment or compensation of any kind.
6.1 BSG reserves the right to amend these Terms and Conditions at any time during the Term without prior notice to the Participants.
6.2 This Contract is governed by and construed in accordance with the laws of Singapore. The parties hereby irrevocably submit to the exclusive jurisdiction of the Singapore courts.
6.3 The Contracts (Rights of Third Parties) Act, Chapter 53B shall not, under any circumstances, apply to this Contract and any person who is not a party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B to enforce this Contract.