An Open Letter to Pat Downing and The Downing Group, Inc. d/b/a Downing Events, Inc.

To: informationDCC@deercreekchallenge.com, info@deercreekchallenge.com, scot@elephantrockride.com, 303Cycling

Dear Pat,

I was disappointed when you informed us that the 2012 Deer Creek Challenge was cancelled via email on August 9. In your email, you stated unequivocally that refunds would be issued to registered paying riders within 45 days. I paid for 2 registrations - one for myself and one for another rider participating with me. I was surprised then to receive the email below from you yesterday.

In it, you state that you have decided not to conduct a 2013 Deer Creek Challenge, "Therefore" you are "providing" 2012 registrants with 2 entries to another event (2013 Elephant Rock). You further state that "These entries are in lieu of any cash refund or other compensation." Neither registration in a 2013 Deer Creek Challenge, nor in the '13 Elephant Rock is what any of the registrants expects or was promised. Frankly, I find this communication both baffling and disingenuous.

Many in the local cycling community understand the difficulties faced by event promoters, and can be forgiving when those difficulties are explained transparently. Events, whether charity rides, endurance challenges or races face difficulties and some have to be cancelled. We get it. What is not acceptable is to take money for an event, cancel the event promising refunds, then follow up with a statement that refunds will not be issued and instead registrants should accept 2(?) transferable(?) registrations for an event 7 1/2 months away, without any explanation whatsoever. I can't conceive of a worse communication to send. The reaction at places like the 303Cycling site has been predictable.

I have a few questions.

1. Your August email stated that the event required a certain number of registrants to properly and safely put on the event. What was that number and how many paid registrants were there?

2. If you knew in August that financial and contractual commitments had to be honored which would impact the ability to give refunds, why promise full refunds?

3. If something has changed since August - perhaps you hoped that vendors would release you from contracts but that didn't happen - why not provide an explanation of those changes? What happened?

4. Some riders might be interested in the Elephant Rock offer. Why not offer other choices to those who are not?

5. Elephant Rock registration for 2013 is not yet available and is typically handled through Active.com. What is the connection between Deer Creek and Elephant Rock that makes the promise of entries any more credible than the prior promise of a refund?

6. While it is nice that these Elephant Rock entries are purportedly fully transferable, that sounds rather inconvenient for the Deer Creek registrant forced to sell off one or both and like a bit of a logistical nightmare for the organizers Elephant Rock. How is that to be handled?

7. Who did you work with at Elephant Rock to come up with the "2013 Subaru Elephant Rock Participant Waiver" at the linked simpleracereg.com site?

8. Why does the "2013 Subaru Elephant Rock Participant Waiver" now contain releases and covenants not to sue in favor of Downing Events Inc, Deer Creek Challenge - two parties not included in last year's waiver?

I urge you to reconsider your approach, both with respect to making registrants whole and increasing the transparency surrounding cancelling the event, subsequent developments, and this offer regarding Elephant Rock. The Deer Creek Challenge was one of the more expensive one-day events, and I suspect that without more thoughtful handling of a resolution, you will find yourself and your company beset with a swarm of small claims cases. A little transparency can often go a long way.

I look forward to your reply.

Regards,

Mark A. Donald
Attorney at Law

To 2012 Deer Creek Challenge Registrants:

We understand there is frustration, and we wanted to share some more information about your Deer Creek Challenge registration.

Following the difficult decision to cancel the 2012 event, we believed we would be able to issue refund checks to all of our registrants. Due to unforeseen events, we are unable provide the refunds we promised. We made a mistake when we communicated you would receive cash refunds, and for that we are truly sorry. 

We feel a great responsibility to our registrants.  To that end, we have worked very hard to find another way to provide a value that is equal to or greater than your Deer Creek Challenge registration. Our solution is to offer you two registrations to the 2013 Subaru Elephant Rock. We have made the registrations as flexible as possible, and they can be used for any course distance and are 100% transferable to someone else.

We encourage you to participate in the 2013 Subaru Elephant Rock or to share your registrations with others. Elephant Rock is a great Colorado tradition, is one of the first rides of the season, has multiple distances to choose from, and offers a fun atmosphere with tasty post-race food.   We have entered into an agreement with them to accept 2012 Deer Creek Challenge registrants. Aside from this relationship, Elephant Rock has no other affiliation with the Deer Creek Challenge. It is simply a well run event that happens early in the season, allowing us return value to our registrants as early as possible.

We recognize many recipients would have preferred a cash refund, but it is simply not possible at this time. Please know that we have done everything possible to compensate you for your registration. 

Sincerely,
Deer Creek Challenge

ADDITIONAL INFORMATION ABOUT DEER CREEK CHALLENGE

If you registered for the 2012 Deer Creek Challenge, you received an email providing you with a registration code and link to register in the for the 2013 Subaru Elephant Rock.  This code can be redeemed for two free registrations in any road course at this event, scheduled for Saturday, June 2, 2013.  These registrations are 100% transferable, so you may share with whomever you like.
 
Here is some additional information about your Deer Creek Challenge registration and the opportunity to register for the 2013 Subaru Elephant Rock.
 
1.  Why did you cancel the Deer Creek Challenge?
The Deer Creek Challenge was widely regarded as one of the most difficult cycling events in the United States. Producing an event of this caliber, combined with the complexity and length of the course requires immense resources including fire and police personnel, sweeping over 100 miles of roadway, as well as intense coordination with emergency responders. During the year-long event planning process, the Deer Creek Challenge also incurred unrecoverable expenses for planning and operations. This event requires a minimum number of participants to meet these expenses. The first two years of the Deer Creek Challenge operated at a significant loss, and registration trends for the 2013 event were significantly below previous years.
 
2.  Why did the refund offer change from August to present?
Following the difficult decision to cancel the 2012 event, we believed we would be able to issue refund checks to all of our registrants. Due to unforeseen events, we were unable to provide the refunds we promised. We made a mistake when we communicated you would receive cash refunds, and for that we are truly sorry.

3.  Why Elephant Rock, and what if I do not want to participate?
We chose Elephant Rock because it is a well organized event with a long history and favorable reputation in the cycling community.  Recognizing that some participants would choose not to participate in Elephant Rock, we made the registrations as flexible as possible.  They can be used for any course distance and are 100% transferrable, so they can be shared with or sold to someone else.
 
Ultimately, the recipient of the code may pass it along to anyone of their choosing.  The person who completes the online registration form will be officially registered for the 2013 Subaru Elephant Rock.
 
4.  What is Deer Creek Challenge’s relationship to the 2013 Subaru Elephant Rock?
The Deer Creek Challenge and 2013 Subaru Elephant Rock have contractually agreed that the 2013 Subaru Elephant Rock will honor event registrations from Deer Creek Challenge registrants.  Because the 2013 Subaru Elephant Rock is not presently open for registration, it agreed to honor registration forms collected by the Deer Creek Challenge at the link provided in the email to Deer Creek Challenge registrants. This registration site has been approved by Elephant Rock and is compatible with Elephant Rock's registration procedures.
 
5. How do I redeem the Elephant Rock Registrations?
Please refer to your email for a registration link and unique offer code.  You must register online using the link and registration code provided.  If you did not receive an email, please contact information@deercreekchallenge.com.