Swimathon 2019 Terms and Conditions of Entry
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which you agree to participate in Swimathon.
1.2 Why you should read them. These terms tell you who we are, how entry into Swimathon works, details about Swimathon, fundraising, and other important information. Please read these terms carefully before you sign up to take part in Swimathon.
2. INFORMATION ABOUT US
2.1 Who we are. The Swimathon event is managed by Limelight Sports Ltd (a company registered in England with company number 3700632) on behalf of Swimathon (Trading) Limited (a company registered in England with company number 06706774, which is owned and controlled by the Swimathon Foundation (a company limited by guarantee registered in England with number 4684234 and a registered charity with number 1123870)).
2.2 How to contact us. You can contact us by post at Swimathon 2019, PO Box 4500, London, W1A 7LF or by email at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provide to us.
2.4 Our charity partners. We have 2 charity partners: Cancer Research UK (a registered charity in England and Wales Reg No 1089464 and Scotland Reg No SCO41666) and Marie Curie (a company registered in England with Charity Reg No 207994 and Scotland Reg No SCO38731).
3. OUR CONTRACT WITH YOU
3.2 By registering, you are confirming that you are at least 16 years old at the date of registration. If you are under 16, you must have obtained consent from your parent or guardian to take part individually or as part of a team. If you are registering on behalf of an individual who is under 16, you are confirming that that individual has received consent from his or her parent or guardian to take part individually or as part of a team.
3.3 By registering, you are confirming that you are prepared to take part. By registering, you are confirming that you are healthy and fit to swim and complete your Swimathon challenge and have freely chosen to participate at your own risk. By registering a team you are confirming that you and your teammates are healthy and fit to swim and complete your Swimathon challenge and have freely chosen to participate at your own risk.
3.4 If you register as an individual or a team, it is not possible to change from one to the other. You will need to re-register as a team or individual and contact us to cancel your other entry. A refund will not be given for your other entry.
3.5 Pricing for Swimathon. Except for those eligible for pricing concessions, entry to Swimathon is available at a 50% discount during the period starting at 00.01hrs on 13 November 2018 and ending at 23.59hrs on 26 November 2018. Entry is available at a 35% discount during the period starting at 00.01hrs on 27 November 2018 and ending at 23.59hrs on 13 January 2019.
4. THE EVENT
4.1 How Swimathon works. Swimathon is a series of swimming competitions, known as “challenges”. The challenges comprise various distances: the individual swimming distances are 400m, 1.5km, 2.5km and 5km & the Triple 5k (3 x 5km); and the team swimming distances are 1.5km and 5km. Or you can take part “MySwimathon” and take on a Swimathon challenge distance or choose whatever distance you like. You can decide which challenge you want to swim when you register.
4.2 Date of Swimathon. The Swimathon will be held between 29 and 31 March 2019 (but this could change, at our discretion). You must arrive and register at the venue at least 30 minutes prior to your session start time. If you are unable to attend your allocated Swimathon session, you can participate in MySwimathon between 22 March and 7 April 2019.
4.3 More information about Swimathon. Challenge completion times are recorded and results will be made available to you. You may be provided with a swimming cap made from latex. If so, if you have a latex allergy should avoid contact with the caps at all times and make sure the Swimathon director at your venue is aware of your allergy.
4.4 Our charity partners will receive at least 70% of the total funds raised by and received from participants in Swimathon. The Swimathon Foundation, as the owner of Swimathon, will receive the remainder of the funds in order to fund its operating expenses and to offer Swimathon Foundation Community Grants to promote swimming participation in communities connected to Swimathon venues.
4.5 We may photograph or film Swimathon. By registering you agree to grant to us and our charity and commercial partners a worldwide, exclusive right and licence to interview and/or photograph and/or film you and (if applicable) your teammates at Swimathon, for unlimited use in all current and future media of your and their name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification, and any biographical or other information or data related to you or any of them (including race times and results), and to sub-licence the same in connection with:
i) the production, operation, advertisement, marketing, promotion or sale of Swimathon or any "Swimathon” branded events or activities; and/or
ii) the promotion, marketing or advertisement of "Swimathon” brand; and/or
iii) the promotion, marketing or advertising of one of our charity or commercial partners in connection with any "Swimathon” branded event. You agree that photos used in accordance with this clause may be digitally altered within reason, provided that no additions or alterations may be made to the physical attributes or likeness of you. If you or (if applicable) a teammate do not agree to the use of your or their image for such purposes, you should contact us prior to the Swimathon.
5.1 How you get your reward. To qualify for a reward, you must have raised one of the minimum target amounts below via your online Swimathon JustGiving Page by 23:45 on 30 April 2019. Late entries will not be considered. Rewards will be sent to your address (if the address we have for you is incorrect, contact us to change it). The target amounts and fundraising rewards are as follows (we reserve the right to offer an alternative reward if they are not available):
a) If you raise a minimum of £100 you will receive a Swimathon 2019 t-shirt; and
b) If you raise a minimum of £300 you will be entitled to receive a Swimathon 2019 t-shirt and towel.
Team fundraising rewards are calculated on the average funds raised per team member (i.e. the total amount raised by the team, divided by the number of team members) which will then be the measure to be applied against the minimum target amounts set out above. Any team fundraising rewards will be sent to the team captain.
6. OTHER IMPORTANT TERMS
6.1 If any provision in these terms, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions shall continue to be valid and enforceable.
6.2 We reserve the right to change the format, date and/or time of Swimathon or to cancel it, in whole or in part, without notice or liability to you. We will notify you of changes to Swimathon via email communication and our website. We will not be responsible for any loss arising from such changes (if any).
6.3 Neither us nor our partners provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss and/or damage that may arise in connection with the attendance at, and/or participation in Swimathon by you. If you need insurance, you have to obtain it yourself.
6.4 You agree that you understand that Swimathon and our partners:
a. Cannot be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by any us or out partners in connection with any breach by you of these terms;
b. Cannot be held accountable for any sum, costs or expenses (including reasonable legal and professional fees) incurred, payable or paid by us or our partners to any third party in connection with any accident, loss, damage or injury (including death) arising out of your attendance at, or participation in, the Swimathon; and
c. Are not liable to you in connection with Swimathon for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation, or for any special or indirect or consequential losses, or for any personal injury to, or death of, you. In any event, the aggregate liability to you shall be limited to the refund of your registration fee;
6.5 Nothing in these terms shall affect our liability:
i) for death or personal injury resulting from that party’s negligence;
ii) for breach of statutory duty;
iii) for fraud or fraudulent misrepresentation; or
iv) to the extent that liability cannot be excluded or limited by law
6.6 Nothing in these terms shall affect any statutory rights to which you may be entitled as a consumer.
6.7 We reserve the right to amend, alter or change these terms at any time.
6.8 These terms shall be governed by and construed in accordance with the laws of England and Wales and we and you both submit to the exclusive jurisdiction of the Courts of England.