1) RELEASE OF MEDIA AND INTELLECTUAL PROPERTY RIGHTS
a. Any and all PPIHC events shall not be recorded or photographed for commercial purposes without the express written consent of The Pikes Peak International Hill Climb (“PPIHC”).
b. Any unauthorized use or sale of Media, including, but not limited to, reproduction, retransmission, or the making of or inclusion of Media into a broadcast, internet, web, motion picture, DVD or tape program, or any other form of distribution, without the prior express written consent of the PPIHC, is strictly prohibited. The licensing or sub-licensing of creative content from PPIHC events shall be strictly forbidden without the prior express written consent of the PPIHC. The PPIHC has the sole and exclusive rights to all creative content, including but not limited to images and footage taken by spectators at PPIHC events and/or persons without media credentials.
c. The PPIHC trademarked event name and logo, any and all PPIHC photos, and the PPIHC course map are the property of the PPIHC and may not be utilized in any form for product sales without express written permission from the PPIHC. Payment of appropriate licensing fee is required.
2) NOTICE OF FILMING AND PHOTOGRAPHY
a. When you enter a Pikes Peak International Hill Climb (“PPIHC”) event or program, you enter an area where photography, audio and video recording may occur. By entering the event or program premises, you consent to interview(s), photography, audio recording, and/or video recording of yourself (collectively, “Materials”), and its/their release, publication, exhibition, reproduction, licensing, alteration, adaption, exploitation, or other use, in any format or medium now existing or hereafter created, and for any purpose, including but not limited to web casts, promotional purposes, telecasts, advertising, publicity, and public relations by PPIHC and its affiliates, representatives, sponsors, and licensees (collectively, “Affiliates”). You release PPIHC and its Affiliates, their officers, employees, and agents, and each and all persons involved, from any liability connected with PPIHC’s or its Affiliates’ exercise of the rights contained in this Notice, including, without limitation, liability for any violation of the right to publicity, for defamation, invasion of privacy, or emotional distress.
b. By entering the event or program premises, you waive all rights you may have to any claims for payment or royalties in connection with any use of these Materials, regardless of the purpose or sponsoring of such use, exhibition, stream, broadcast, web cast, or other publication irrespective of whether a fee for admission to the program or event is charged. You also waive any right to inspect or approve any interview, photo, image, video and/or audio recording of yourself, taken by PPIHC or the person or entity designated to do so by PPIHC.
c. In the event of an accident/incident on or off the course, anyone attending the Event, whether credentialed or non-credentialed, may continue to film/shoot photos only if the driver is able to get out of the vehicle and there are no known injuries to the competitor, or anyone else involved. If the competitor is trapped in the vehicle, is unconscious or has significant obvious injuries, all parties in the vicinity will immediately cease capturing images either by camera, cell phone, or any other recording device and will instruct others to do the same.
d. Any images or footage inadvertently captured by any spectator, accredited media, race official, volunteer, sponsor, crew member or anyone else attending the Event will immediately be turned over to, and become the property of, the PPIHC, their legal representatives, and/or law enforcement.
e. The PPIHC owns all media (including images, photos, video footage, and audio recordings) and intellectual property rights related to or associated with any crash/incident/or sensitive situation. The PPIHC may deem any media captured as “restricted” and that media belongs to PPIHC and is for the PPIHC’s exclusive (except as agreed to by PPIHC), perpetual, worldwide usage. This includes any and all Media captured that the PPIHC deems restricted.
You agree that you have been fully informed of your consent, waiver of liability, and release before entering the event.
3) PROHIBITED USES:
a. No third party is permitted to use the Pikes Peak International Hill Climb (PPIHC) brand name, trademarks, service marks, logos, photos, slogans, maps, captured video, etc., in any advertisement promoting the sale of goods or services of any person or organization, or in any manner which implies an endorsement of the goods or services of any person or organization.
i No PPIHC themed products may be produced or sold without written consent from the PPIHC.
ii Drone usage at the PPIHC Event and/or ancillary events is strictly prohibited.
4) TERMS:
The PPIHC will provide permission to those members of the Media who are PPIHC-accredited as Official Race Media or Special Access Media to record and/or photograph the PPIHC Event (and ancillary events) for the following purposes:
a. Race team use for distribution and/or broadcast on race team owned/controlled website(s) and non-commercial social media outlets only. Race team use must be verifiable by a designated race team representative or driver-of-record. Race teams must agree, upon request, to provide a copy of all media to the PPIHC within two (2) weeks of initial request for PPIHC archival and marketing purposes only. Files provided to the PPIHC must include the content creator’s name for proper recognition. The PPIHC will NOT rebroadcast and/or resell any requested footage. The PPIHC may require (upon request) a list of clips/photos (and prices) sold to specific agencies. The PPIHC will NOT restrict the sale of any photo and/or video yet does prohibit commercial licensing or commercial sub-licensing.
b. To provide accurate and timely editorial coverage of the event by approved local and national daily/weekly newspapers, motorsports magazines or periodicals and/or their affiliated website(s); local and national television and radio stations/networks and wire services with a documented history of news and events coverage.
5) SUMMARY:
a. Commercial use of any creative content (regardless of how it is obtained), must accompany a licensing agreement from the PPIHC. Credentialed media members do not have the right to sell licensing or usage rights.
b. Credentialed media will be allowed to sell non-restricted captured creative content without limit by the PPIHC.
c. The PPIHC may require a copy of the captured creative content for archival and/or marketing purposes.
d. The PPIHC will not resell any photo or video clip taken/captured by a credentialed media member.
e. All credentialed media members must inform their clients that commercial licensing is required for those clients planning to use photos and/or videos, and that licensing must be negotiated through the PPIHC.
6) COMMERCIAL RIGHTS AND LICENSING
Entities that would like to produce PPIHC Themed Programming, retrieve archival or pre-produced content, or receive all encompassing commercial rights, must enter into a licensing agreement with the PPIHC.
All inquiries for 2024 Licensing/Filming need to be made by June 1, 2024. A late fee may be applied after that date. Direct inquiries to Melissa Eickhoff, Executive Director at
[email protected].
7) DEFINITIONS
PPIHC Commercial Rights:
The PPIHC claims and owns the Commercial Rights to any and all creative content recorded or gathered during the Pikes Peak International Hill Climb and/or any of its associated events. PPIHC does not claim ownership of independently captured creative content, only its use in commercial applications.
Entities that would like to commercially benefit by their association with the PPIHC, and any of the events associated with the PPIHC, must enter into contract with the PPIHC to use any associated creative content before producing or releasing any commercial promotion featuring its participation in or association with the PPIHC. Commercial entities who bring their own contracted media (photographers, videographers, writers, etc.,) to PPIHC events must contract with the PPIHC in advance. A Commercial Rights License must be signed when an individual and/or organization desires to use footage, photos, digital media, maps, logos, etc., from the PPIHC for any promotional, commercial or marketing endeavor. If a company or competitor uses the PPIHC brand (logo/photos/etc.) to help sell or endorse a product or service, a Commercial Rights License must be obtained. Such licenses are granted on a case-by-case basis.
Media Creative Content:
Content created by accredited media members with the intent to promote interest in or report results and activities taking place during the event. Any content generated solely for these purposes is the property of the accredited media personnel.
Media Rights:
Rights granting accredited media personnel permission to gather information from the PPIHC and its ancillary events for editorial purposes.