SAND CREEK festival, inc. PRESENTS

Event Sponsors:

the sand creek soapbox derby

schedule

Sunday, July 3, 2022

11:00 – 11:30 Check-in

11:30 – 12:30 Inspections

1:30 – Event Begins

The Sand Creek Soapbox Derby is your chance to show your creative mind and go (semi) fast while having a blast. Let your mind run wild and create your racing machine!

The simple rules are:

Overall Width: 5′
Overall Length: 8′
Overall Height: 7′
Overall Weight: 175lbs
Must steering and braking capabilities
Must use bicycle or wheelbarrow tires only

Teams

Open

EXCEPT FOR THE MARKS OF THE SPONSOR OR OTHER APPROVED MARKS (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.

The Sand Creek Soapbox Derby (the “Event”) is sponsored by Sand Creek Festival, Inc., PO Box 915 Newton, KS 67114 (“Sand Creek Festival, Inc.” or “Sponsor”).

By completing the official The Sand Creek Soapbox Derby Registration Form, you agree to be bound by these Terms and represent that you, the team captain, the driver, the co-driver (if applicable) and each of the pit crew (collectively, the “Team”) satisfy all of the eligibility requirements below.

Eligibility: The Event is open to participants who submit a Team application, as set forth below. Each member of the Team must be at least eighteen (18) years old as of July 1, 2022 and be a resident of the US, D.C., or Puerto Rico.

To participate, each member of each Team agrees to be bound by these Terms. Sand Creek Festival, Inc. has the sole discretion in determining the timeliness of any action or inaction related to the Event. All times mentioned in these Terms are Central Time (“CT”) unless expressly noted otherwise. Sand Creek Festival, Inc. may revise any of the deadlines in these Terms upon notice to the Teams and in Sand Creek Festival, Inc.’s sole discretion.

Void where prohibited.

Sand Creek Festival, Inc. reserves the right to verify the email address you have provided and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding your age or residence will be deemed ineligible.

Application Period: To be eligible to enter, each Team must first request an Application Kit using one of the several methods available on www.www.sandcreeksummerdaze.com +++++++++++ To receive an Application Kit, you must provide Sand Creek Festival, Inc. with personal information, including your name and address. You understand that you are providing your information to Sand Creek Festival, Inc.. The information you provide to Sand Creek Festival, Inc. will only be used in accordance with Sand Creek Festival, Inc.’s Privacy Policy. By submitting an entry, you make all Required Representations and Warranties set forth herein.

Applications for the Event may be submitted beginning at 9:00am PT on February 8, 2017 and ending at 5:00pm PT on June 16, 2017 (the “Application Period”).

To submit an entry, you must: (i) sketch the design of your Team’s proposed Soapbox Cart prototype design (the “Prototype”) on the sketch sheet provided in the Application Kit; (ii) complete all required information on the Registration Form, including the names and ages of each Team member; and (iii) send the completed Prototype and Registration Form (together, the “Application”) to Sand Creek Festival, Inc., Attn: Sand Creek Soapbox Race, PO Box 915 Newton, KS 67114. All Applications must be post-marked during the Application Period.

Sand Creek Festival, Inc. recommends that entrants consider the design specifications set out in the Design Manual in the Application Kit when formulating their designs.

If selected as a Contestant (as set forth below), only the individuals who are listed on the Team Registration Form will be eligible to participate in the Event. Entrants who submit an Application on behalf of a Team must obtain the prior approval of each Team member.

Incomplete, indecipherable, or illegible Applications will be deemed invalid. Only one (1) Application is permitted per Team. Only Applications completed on the official sketch sheet provided in the Application Kit and official Registration Form will be accepted.

Judging Applications Phase. On or about June 19, 2017, all Applications post-marked within the Application Period will be reviewed by the official Soapbox Judges panel (the “Applications Judges”), as selected by Sand Creek Festival, Inc. in its sole discretion. The Applications Judges will base their decisions on the following criteria: (i) ingenuity; (ii) creativity; (iii) racing capability; and (iv) safety and adherence to design regulations.

The seventy (70) highest-rated eligible entries submitted during the Application Period, as determined by the Applications Judges in their absolute discretion, will be declared contestants and those Teams will be eligible to participate in the Building Phase (“Contestants”). The Judges reserve the right to select additional reserve Applications, which they may determine to be the next highest-rated, and record them in descending order, in case of an invalid entry or ineligible Application. Sand Creek Festival, Inc. reserves the right to select reserve Contestants, in its sole discretion, who may be placed on notice that they are required to build their proposed Soapbox Cart at any point during the Build Period (as defined below).

Building Period: The Contestants selected from the Applications Phase will be required to build their proposed Soapbox craft (each, a “Craft”) in accordance with their Team’s submitted Prototype. The Craft must be built between June 19, 2017 and August 18, 2017 (the “Build Period”).

You represent and warrant that construction of your Team’s Craft will take place only during the Build Phase. Any Contestant that uses a Craft that was built outside of the Build Period will be disqualified.

During the Build Period, Sand Creek Festival, Inc. will contact the Contestants via telephone to discuss their progress in building their Craft. Such contact may also include, at Sand Creek Festival, Inc.’s sole discretion, visits by Sand Creek Festival, Inc., media or other agencies authorized by Red Bull.

Each Team’s Craft must match the Prototype design submitted in such Team’s Application.

Event Phase: Following completion of a successful Build Period (to be determined at Sand Creek Festival, Inc. by July sdfsdf, and race their Crafts in the Event to be held in Los Angeles on August 20, 2017.

All Teams and their Crafts must arrive at Elysian Park in Los Angeles, California, no later than August 19, 2017, at the time to be specified by Red Bull. From 1 p.m. PT – 5 p.m. PT, a panel of judges selected in Red Bull’s sole discretion (the “Event Judges”) will inspect all Crafts for their roadworthiness and engineering compliance. All costs associated with participating in the Building Phase and the Event Phase (including, but not limited to, the materials required to build the Billy Cart, accommodation, and transport from the Event in Los Angeles) will be the responsibility of the individual Teams.

Individual Team Sponsorships from Third Parties: Teams may be sponsored by third parties, provided that:

(a) Sand Creek Festival, Inc. has notice of and has provided approval for the identity of the sponsors at least six (6) weeks prior to the Event;

(b) for the avoidance of doubt, no competing energy drink product will be approved by Sand Creek Festival, Inc. as a Team sponsor;

(c) if Crafts carry a third-party sponsor’s logos, such logos are in the form and size as approved by Sand Creek Festival, Inc. prior to the Event in each instance; and

(d) Sand Creek Festival, Inc. reserves the right to deny any third-party sponsorship for any reason whatsoever, in its absolute discretion.

Inspection: All Crafts must comply with the following specifications and must pass Sand Creek Festival, Inc.’s safety inspection, as follows:

(a) the Craft must be human- and gravity-powered. No engines, stored power or external energy sources (e.g., engines, gas, batteries, electrical cords, catapults, afterburners) can be used;

(b) Craft maximum width: 5 feet;

(d) Craft maximum length: 10 feet;

(e) Craft maximum weight: 175 pounds (excluding the driver and, if applicable, co-driver);

(f) Crafts must be built from environmentally friendly, non-toxic materials, as determined in Sand Creek Festival, Inc.’s sole discretion;

(g) Crafts must have fully functional brakes and steering. Brakes must function independently of the steering and must be connected to and operate at least two of the wheels. Braking with hands and feet is prohibited;

(h) modified prefabricated cars, kit cars and vehicles are prohibited;

(i) nothing can be mounted, screwed into or glued to the pavement in any way shape or form; and

(j) if Teams are sponsored by third-party sponsors, any sponsor logo(s) must be restricted to one (1) rectangular space on each side of the Craft, no larger than 12 inches x 12 inches.

Only Crafts that pass Sand Creek Festival, Inc.’s safety inspection will be permitted to participate in the Event. Sand Creek Festival, Inc. accepts no responsibility for the failure of a Craft to pass Sand Creek Festival, Inc.’s safety inspection and by passing a Craft in the safety inspection, Sand Creek Festival, Inc. is not warranting or representing the safety or appropriateness of the Craft. Sand Creek Festival, Inc.’s decision on acceptability of Craft is final and binding.

Competition Phase: Members of Teams whose Crafts pass the safety inspection will be permitted to participate in the Event (collectively, “Participants”). Teams are limited to no more than five (5) Participants, including the driver. Only Team members listed in the official Registration Form will be permitted to participate in the Event.

Each Team must have one (1) nominated driver and may have a co-driver. A maximum of two (2) people may actually race in the Event (one driver and one co-driver). The pit crew will be permitted to push the Craft as far as the start line.

Members of Teams must follow all safety instructions of Sand Creek Festival, Inc. and each Team’s driver and co-driver (if applicable) must wear helmets.

All drivers (and, if applicable, co-drivers) must wear full-length pants, a long-sleeved top, and gloves as part of their costumes.

Participants acknowledge that the Event is a dangerous activity that may result in injury or death, and participate at their own risk. Participants must: (i) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of Sand Creek Festival, Inc. and Event organizers as determined by them in their absolute discretion; (ii) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Event; (iii) not be under the influence of drugs or alcohol; (iii) comply with all directions of Sand Creek Festival, Inc. and other Event organizers at all times; (iv) wear all safety and other equipment required; (v) not physically attach themselves to their Crafts or be enclosed in any type of capsule or cockpit from which they cannot escape; (vi) only race their Crafts on the specified race track in accordance with Sand Creek Festival, Inc.’s or other Event organizer’s directions; and (vii) ensure that any performance costume does not pose the risk of getting caught in the Craft or hamper the driver’s visibility.

Sand Creek Festival, Inc. and other Event organizers, in their absolute discretion and at all times, reserve the right to: (a) prevent any Participant from participating in the Event if, at any time, they reasonably believe that the Participant poses a safety risk or for any other reason, including but not limited to, acting in a manner which is likely to bring Sand Creek Festival, Inc. and/or any other Event organizer into disrepute, or is likely to cause harm to Participants, Sand Creek Festival, Inc.’s or other Event organizer’s employees, contractors or volunteers, or any other third party; and (b) cancel the Event if the conditions are deemed dangerous or in any other way unsuitable. If the Event is varied for any reason beyond the control of Sand Creek Festival, Inc. it may not be rescheduled and no compensation will be offered.

If any part(s) of the Craft fall off during the Event, the Participant may be disqualified, in the absolute discretion of Sand Creek Festival, Inc.. Each Team is responsible for the safe keeping and transport to and removal of their Craft from the Event. Sand Creek Festival, Inc. accepts no responsibility for the recovery of any part of the Craft. Participants should not use anything in or on their Craft that they are not prepared to lose.

Event Judging: During the Event, all Participants will be judged by the official Event Judging panel, as selected by Sand Creek Festival, Inc. in its sole discretion. The Event Judges will base their decisions on the following criteria (the “Event Criteria”): (i) Creativity of Craft design (maximum of 50 points) (“Creativity”); (ii) Showmanship/Race performance of the Craft and Team, including a stage performance of up to thirty (30) seconds (maximum of 50 points) (“Showmanship”); and (iii) Speed/Race time (electronically timed and recorded in seconds; the “Race Time”).

Prizes: At the end of the Event, the Event Judges will tally the points awarded from all the Event Criteria and award prizes to the highest-scoring Teams as follows:

First Place: $750

Second Place: $500

Third Place: $250

It is the responsibility of the Team captain to distribute any prize money between the members of the Team, as agreed between the members of the Team.

In the event of a tie in any prize category specified, above, Sand Creek Festival, Inc. will consider the scores of the tied Participants as a tie-breaker in the following two (2) criteria: (i) Creativity; and (ii) Showmanship. The tied Participant with the highest score calculated from the above two categories will be declared the winner. In the event that the Participants are still tied, the remaining tied Participant with the fastest Race Time will be declared the winner. In the event that there are still tied Participants, Sand Creek Festival, Inc., in its absolute discretion will determine the winner.

A Winners may waive the right to receive a prize. In the event winner does not take an element of the prize at the time stipulated by Sand Creek Festival, Inc., then the prize or that element of the prize will be forfeited.

All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with the Event or any prize. No issuer of any offered prize is sponsoring this Event. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all prize details in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sand Creek Festival, Inc. if required by law.

To claim any prize, Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms, tax forms, and other applicable documents (and cause the Prize winner’s teammates to complete similar forms), which may require a social security number and may need to be notarized, before claiming and prize. All required documents must be completed and returned to Sponsor within five (5) days of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, the Judges may select an alternate winner from among the remaining eligible entries or an alternate winner may be selected by another method as solely determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Terms, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.

TO BE ELIGIBLE TO WIN A PRIZE, THE POTENTIAL WINNER(S) MUST TRANSFER ALL INTELLECTUAL PROPERTY RIGHTS THAT HE OR SHE DOES OR MAY HAVE IN THE ENTRY AND ANY RELATED MATERIALS (AS DETERMINED IN SPONSOR’S SOLE DISCRETION) INCLUDING ANY VARIATIONS OF THE ENTRY. BY ENTERING THIS EVENT, THE PRIZE WINNER(S) EXPRESSLY AGREE TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER (THE “INTELLECTUAL PROPERTY ASSIGNMENT”) BEFORE HE OR SHE WILL BE PERMITTED TO CLAIM ANY PART OF THE PRIZE OR BE DECLARED A PRIZE WINNER.

IP Representations and Warranties: Your Application entry must meet all the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Terms may result in your Team’s disqualification.

REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Event, you represent and warrant that your entry (including, without limitation, the sketch) complies with the following criteria as applicable (collectively, the “Required Representations and Warranties”):

(i) Your entry must be your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party;

(ii) You must have the express written consent of any identifiable persons appearing or referenced in your entry or entries to their Persona (as defined below) being used in the ways set out in these Terms, including Sponsor’s right to use your entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required;

(iii) Except for the marks of the Sponsor (addressed below), the entry and must not contain or reference any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to display each of their marks and products in your entry solely for purposes of entering this Event and subject to these Terms; and

(iv) Each entry must be appropriate for public viewing. Without limiting the foregoing, each entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

Sponsor reserves the right in its sole discretion to not consider any entry for the Event if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Terms. You agree to reimburse Sponsor and Sponsor affiliates in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorneys’ fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your entry complies with the requirements set out above including those at (i)-(iv) above. By entering, you grant to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in your entry in favor of the Sponsor.

By submitting your entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.

General: Sand Creek Festival, Inc reserves the right to change these Terms and any other Event rules from time to time and such changes will be available on www.www.sandcreeksummerdaze.com/asfdsfdsffsdfdf

This is a game of skill and chance plays no part in determining the Contestants, Participants, or eventual winners. Sand Creek Festival, Inc.’s decisions in relation to all matters pertaining to this promotion are final and binding.

Sand Creek Festival, Inc. collects personal information in order to conduct the Event and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers. By entering the Event, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and Sand Creek Festival, Inc. may use this information (including the use of sketches/drawings at Sand Creek Festival, Inc.’s discretion) in any media for future promotional, marketing and publicity purposes, without restriction, and without any further reference or payment or other compensation to the entrant. All personal details of the entrants will be stored at the office of Sand Creek Festival, Inc. A request to access, update or correct any information should be directed to that office.

If this Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Sand Creek Festival, Inc., Sand Creek Festival, Inc. reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Event, as appropriate, without responsibility or liability for any amount or kind of loss or damage that may result to any person.

Publicity & Marketing: Submission of an Application in the Event constitutes permission to the Sponsor to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Event (whether or not required), including, without limitation, mailing address, phone number, and/or email address during entry period constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Event. You also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact you in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.redbull.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails). You understand that you are providing your information to Sponsor. The information you provide to Sponsor will only be used in accordance with Sponsor’s Privacy Policy.

No Liability & Indemnification: By entering this Event, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Event or any Event-related activities (including, without limitation, the race) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Event; any non-compliance by you with these Terms; claims brought by persons or entities other than the parties to these Terms arising from or related to your involvement with the Event; acceptance, possession, misuse or use of any prize or participation in any Event-related activity or participation in this Event; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Event, and any damages whether direct, indirect, special or consequential.

Other Terms: Decisions of Sponsor on all matters related to the Event are final and binding. Sponsor reserves the right to cancel or modify the Event for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Event, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Event as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Terms. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS EVENT MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law & Mandatory Arbitration: Any disputes arising under this Event and/or these Terms will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of Kansas. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Event and/or these Terms (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Right to Disqualify: Sponsor reserves the right to disqualify or prohibit the participation of an individual or Team if fraud or tampering is suspected; if the individual or Team fails to comply with any requirement of participation or with any provision in these Terms; if the individual’s or Team’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.

Severability: If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

schedule

Teams

Sponsor: Sand Creek Summer Daze PO Box 915 Newton, KS 67114