Open Water 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 the 2019 Open Water Swimathon (“OWS”). 

1.2 Why you should read them. These terms tell you who we are, how to enter and take part in OWS together with details about OWS, including fundraising and other important information. Please read these terms carefully before you sign up to take part in OWS. These terms apply to you whether as an individual or as a team participant in OWS. 

2. INFORMATION ABOUT US 

2.1 Who we are. The OWS is operated and managed by Limelight Sports Ltd (a company incorporated and registered in England and Wales with company number 03700632) (“we”/”us”/”our”), on behalf of Swimathon (Trading) Limited (a company incorporated and registered in England and Wales with company number 06706774) which is the wholly owned trading company of the Swimathon Foundation (a company limited by guarantee incorporated and registered in England and Wales with company number 04684234 and a registered charity with number 1123870)) (together the “Swimathon Parties”).  

2.2 How to contact us. You can contact us by post at Open Water Swimathon 2019, PO Box 4500, London, W1A 7LF, by email at info@swimathon.org or by telephone on 0845 36 700 36. 

2.3 How we may contact you. If we have to contact you we will do so by telephone  or by writing to you, using the telephone number, email address or postal address that you provide to us.  

2.4 Our charity partners. OWS has 2 charity partners: Cancer Research UK (a registered charity in England and Wales with Reg No 1089464 and Scotland Reg No SCO41666) and Marie Curie (a company limited by guarantee incorporated and registered in England and Wales with company number 00507597 and a registered charity in England and Wales with Reg No 207994 and Scotland Reg No SCO38731).  

3. OUR CONTRACT WITH YOU 

3.1 Your registration. Our acceptance of your entry will take place on the date when (1) you have completed a registration form and (2) you have received an email from us confirming your registration. This is your date of registration.  By entering you agree to be bound by these Terms and the OWS Privacy Policy which can be found here. Registrations are accepted on a first-come, first-serve basis.  

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. 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.  

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 OWS challenge and have freely chosen to participate at your own risk. By registering a team you are confirming that you and your teammates are all healthy and fit to swim and complete your OWS challenge and that all of you have all freely chosen to participate at your own risk. Open water swimming can be strenuous and if participating you must make sure you are in good health. You must be able to swim a 100m leg without difficulty.  If you have any medical conditions that could be adversely affected by exercise or if you are in any doubt about your health you must obtain clearance from your doctor before participating. If you choose to enter MySwimathon (see below), you are choosing to take on an OWS challenge at a venue and time of your choice and you agree that the choice of that venue and time is entirely your responsibility and that you will only undertake that challenge at a venue and time that meets with first class open water swimming health and safety standards and all related and applicable laws and regulations. By registering a MySwimathon team you are confirming that you and all your teammates are choosing to take on an OWS challenge at a venue and time of your choice and that all of you agree that the choice of that venue and time is entirely your responsibility and that all of you will only undertake that challenge at a venue and time that meets with first class open water swimming health and safety standards and all related and applicable laws and regulations. 

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 Open Water Swimathon. Except for those eligible for pricing concessions, entry to OWS is available at a 50% discount during the period starting at 00.01 hrs on 1st May 2019 [tbd] and ending at 23.59hrs on 12th May 2019.  

3.6 National Open Water Coaching Association (“NOWCA”) affiliated venues. Where your choice of OWS venue is a NOWCA affiliated venue, you must have a valid safety/timing wristband (“NOWCA Wristband”) onsite and throughout your participation in the OWS. If you choose to register a MySwimathon team you and your teammates must each have a valid NOWCA Wristband onsite and throughout your participation in the OWS. During the registration process you will be asked to confirm whether you are registered with NOWCA and own a NOWCA Wristband. It is your responsibility to ensure that you, and each member of your team (if applicable), register with NOWCA and purchase a NOWCA Wristband from the NOWCA website, if you do not already own one, ahead of OWS.  

4. THE EVENT 

4.1 How Open Water Swimathon works. OWS is a series of open water swimming challenges. The challenges comprise various distances: the individual swimming distances are 500m, 1.5km, 2.5km and 5km; and the team swimming distances are 1.5km and 5km. Or you can take part in “MySwimathon” and take on an OWS challenge distance or choose whatever distance you like, on your own or as part of a team. You can decide which challenge you want to swim and where to swim it when you register.   

4.2 Date of Open Water Swimathon. The OWS will be held from 7 to 8 September 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 OWS session, you can participate in MySwimathon from 31 August to 15 September 2019. 

4.3 More information about Open Water Swimathon.  

Challenge completion times are recorded and results will be made available to you.  

It is a condition of entry to any NOWCA affiliated venue that you, and each of your teammates (if applicable), have and use a valid NOWCA Wristband. See 3.6 above.  

It is a condition of entry that you must wear a wetsuit at all times while swimming during the Event.  

You may be provided with a swimming cap made from latex. If so and if you have a latex allergy you 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 Open Water Swimathon. The Swimathon Foundation, as the owner of OWS, will receive the remainder of the funds in order to continue to be able to make Swimathon events available to the public and to offer Swimathon Foundation Community Grants to promote swimming participation in communities connected to Swimathon and OWS venues.  

4.5 We may photograph or film Open Water 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 OWS, 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 collected by us or by NOWCA (where you complete your OWS challenge at a NOWCA affiliated venue)), and to sub-licence the same in connection with: 

i) the production, operation, advertisement, marketing, promotion or sale of OWS or any "Swimathon” branded events or activities; and/or  

ii) the promotion, marketing or advertisement of the "Swimathon” brand and the Swimathon Parties; and/or  

iii) the promotion, marketing or advertising of any of our charity or commercial partners in connection with any "Swimathon” branded event and with the Swimathon Parties.  

You agree that digital images 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 OWS.  

5. FUNDRAISING 

5.1 How you get your reward. To qualify for a reward, you must have raised a minimum of £100 via your online OWS JustGiving Page by 23:59 on 20th September 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). If you personally raise a minimum of £100 you will receive an OWS 2019 t-shirt.  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 average will then be the measure to be applied against the minimum target amount 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 OWS or to cancel it, in whole or in part (including without limitation due to the presence of algae in the water or any failure to comply with health and safety legislation or other industry standards (whether or not of a legal nature)), without notice or liability to you. We will notify you of changes to OWS 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 any of the Swimathon Parties nor any of our partners and contractors 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 your attendance at, and/or participation in OWS. If any team or individual OWS participant needs insurance, you have to obtain it yourself.  

6.4 Subject to paragraph 6.5 below, you agree that you understand that:  

i) none of we, the Swimathon Parties and any of our OWS partners and contractors can or will be held liable or accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses in connection with any breach by you of these terms;  

ii) none of we, the Swimathon Parties and any of our OWS partners and contractors can be held liable or accountable for any sum, costs or expenses (including reasonable legal and professional fees) 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 OWS;  

iii) none of we, the Swimathon Parties and any of our OWS partners and contractors can be held liable to you in connection with OWS for any loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation, or for any special or indirect or consequential losses, or for any damage or personal injury to, or death of, you; and 

iv)in any event, the aggregate liability of us, the Swimathon Parties and our OWS partners and contractors to you shall be limited at all times to the refund of your registration fee.  

6.5 Nothing in these terms shall limit our liability:  

for death or personal injury resulting from our negligence; or 

for fraud or fraudulent misrepresentation; or 

to the extent that such 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 and Wales.