Terms and Conditions
Terms and Conditions of Entry
"Charity Partners” means Marie Curie (a company registered in England with Charity Reg No. 207994 – England and Wales, SCO38731 - Scotland) and Cancer Research UK (a company limited by guarantee and a registered charity in England and Wales (1089464), Scotland (SC041666) and Isle of Man (1103)).
"Commercial Partner” means any entity to which SF or SL has granted a formal right of association with the "Open Water Swimathon” event as owned or controlled by SF or SL.
"Entrant” or "you" means the person named on the Registration Form and who has received an Entry Confirmation in response to his or her completed Registration Form (including Junior Applicants), whether on that person’s own behalf or as leader of a Participating Team.
"Entry Confirmation” means a confirmation of your acceptance to participate in the Event, sent to you by the Event Organiser.
"Event” means a nationwide open water swimming event to be hosted in managed open water venues around the UK between 9 and 10 September 2017 (or such other dates as SF may determine), known as ‘Open Water Swimathon 2017’.
"Event Organiser” means Limelight Sports Ltd (a company registered in England with company number 3700632) and/or such other entity appointed by SF and SL to administer, manage, operate or promote the Event.
"Event Venue" means any open water managed venue and related facilities which will be hosting the Event and "Event Venues" shall mean all of them.
"Junior Applicant” means an Entrant under the age of sixteen (16) at the date of the submission of their Registration Form.
"Participating Team” means the Entrant and all those individuals identified in the Registration Form as participating with the Entrant in the Event as part of a team including anyone under the age of sixteen (16) at the date of submission of the Registration Form.
"Registration Fee" means the registration fee(s) payable by the Entrant prior to participation in the Event.
"Registration Form” means the pages within the Website which must be completed and submitted by the Entrant prior to participation in the Event.
"SF” means The Swimathon Foundation, (a company limited by guarantee registered in England with number 4684234 and a registered charity with number 1123870).
"SL” means Swimathon (Trading) Limited, (a wholly owned subsidiary company of SF registered in England with company number 06706774).
"Swimathon Team" means the team responsible for Event administration matters and who can be contacted by post at Swimathon 2017, PO Box 4500, London, W1A 7LF or by email at firstname.lastname@example.org.
"Terms and Conditions” means these terms and conditions.
“Website” means the website found at www.OpenWaterSwimathon.org.
1. You must apply to participate in the Event by completing a Registration Form. By submitting a Registration Form, you agree to be bound by the Terms and Conditions.
2. By submitting a Registration Form, you acknowledge and confirm that, to the best of your knowledge and belief, you are a strong swimmer and healthy and fit to swim, that you understand and have considered and evaluated the nature, scope and extent of the risks involved, and have voluntarily and freely chosen to participate in the Event entirely at your own risk.
3. In respect of any Junior Applicant, whether an Individual or Team member at the date of the submission of the Registration Form, the consent of that Junior Applicant’s parent or guardian must have been obtained for that Junior Applicant’s participation in the Event, in accordance with paragraph 8 below.
4. Your place in the Event cannot be transferred or swapped (whether between Entrants or any other individuals).
5. Your participation in the Event as an individual and/or as part of a team is subject to the instructions which can be found on the Website.
6. If you have registered as an individual, you may not change to a team entry. You will need to re-register as a team and contact the Swimathon Team to cancel your individual entry. A refund will not be given for your individual entry.
7. If you have registered as a team, it is not possible to change to an individual entry. You will need to re-register as an individual and contact the Swimathon Team to cancel your team entry. A refund will not be given for your team entry.
8. For every Junior Applicant, the consent of the Junior Applicant's parent or guardian must be given by that parent or guardian completing the online entry procedure confirming that he or she is the parent or guardian of the Junior Applicant concerned and granting his or her consent (as the case may be) to that Junior Applicant’s participation.
9. Registration Forms may be accepted or refused at the discretion of the Event Organiser and all decisions of the Event Organiser are final. Successful applicants will be notified by way of the Entry Confirmation. Only those applicants who have received an Entry Confirmation shall be entitled to participate in the Event, and then subject to these Terms and Conditions.
10. Places at open water managed venues hosting the Event are limited and subject to availability at the sole discretion of the Event Organiser.
11. None of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser shall be responsible for postal, telephone, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/ internet transmissions or other errors or malfunctions of any kind which may prevent communications to and from any of them.
12. Details of the Registration Fee for the Event are set out on the Website. The Registration Fee is not refundable. If payment is rejected or not cleared for any reason, the Event Organiser reserves the right to refuse registration and entry to the Event (acting in its absolute discretion).
13. Payment of the Registration Fee entitles the Entrant to participate in the Event during their allocated session as well as free entry to the relevant Event Venue on the day of the Event (subject always to the rules and regulations of the applicable Event Venue).
14. If at any time it is discovered that an Entrant is ineligible or if the Entrant’s proposed participation in the Event should be rejected for any reason, the Event Organiser may disqualify that Entrant from the Event and/or to refuse that Entrant entry to the Event at any time. None of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser shall be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.
15. The Event Venue owner or operator will require a record of each Entrant’s registration details including third party emergency contact details for internal administration purposes which the Entrant agrees to provide.
16. You acknowledge that it is a strict condition of participation in the Event that all mandatory fields within an Entrant’s profile on the Website are complete and correct at all times, including without limitation, gender, first name, surname, date of birth, contact address, medical condition information and emergency contact details. You agree that the provision of this information is for the proper and safe administration and conduct of the Event.
17. The Event Organiser may at any time offer or withdraw entry discounts and other incentives to potential Participants, in its absolute discretion.
19. The Event is a series of open water swimming competitions, known as "Challenges". The Challenges comprise various distances: the individual swimming distances are 1.5km, 2.5km and 5km; the team swimming distances are 1.5km and 5km. The Entrant can select a Challenge at a specific Event Venue on the Registration Form.
20. The Event will be held between 9 and 10 September 2017 (or such other dates as SF may decide at the Event Venues. Entrants must arrive and register at the Event Venue at least 30 minutes prior to their session start time.
21. Challenge completion times at the Event are recorded and results will be made available to Entrants. None of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser makes any representation or warranty as to the accuracy or completeness of such completion times, which depend on the time-keeping using available technical tools of pool staff or volunteers at the Event Venue concerned.
22. You must adhere at all times to the rules and regulations of the Event Venue. In any event, you are required to behave responsibly, reasonably and professionally at all times whilst participating in the Event including without limitation refraining from behaviour that may offend standards of public morality or decency or which may be illegal.
23. Open Water Swimming can be strenuous and if participating in the Event you must make sure you are in good health. The Entrant acknowledges that participation in the Event involves physical activities and inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. If you have any medical conditions that could be adversely affected by exercise, particularly a heart condition, or if you are in any doubt about your health, you must obtain clearance from your doctor before participating.
24. Entrants are responsible for their own transportation costs while travelling to and from the Event Venue.
25. It is a condition of entry that all Entrants must wear wetsuits while swimming at all times in participating in the Event. Entrants may be provided with a swimming cap made from latex. If any Entrant has a latex allergy he or she should avoid contact with these caps at all times and make the Open Water Swimathon venue organiser at the relevant Event Venue (at which the Entrant will be swimming) aware of their allergy.
26. The Entrant hereby acknowledges that the Charity Partners will receive at least 70% of the total funds raised from the Event. SF, as the owner of the Event, will receive the remainder of the funds raised from the Event in order to fund its operating expenses in making Swimathon events available to the public and to offer Swimathon Foundation Community Grants to promote swimming participation in communities connected to Swimathon events and activities.
27. The brands, product and service names used by SF, SL, the Charity Partners, the Commercial Partner and/or the Event Organiser are the trademarks or trade names of respectively SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser or their trading partners, unless otherwise stated. Entrants may not offer goods or services under, or by reference to, or otherwise use or reproduce any such trademarks or trade names without the prior written permission of SF, SL, the Charity Partners, the Commercial Partner and/or the Event Organiser (as applicable).
28. The Entrant irrevocably grants to SF, SL, Charity Partners and the Event Organiser a worldwide, exclusive right and licence to interview and/or photograph and/or film the Entrant at the Event (or subsequent to the Event as SF, SL and/or the Event Organiser may reasonably require), for unlimited use in all current and future media of the Entrant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Entrant, and any biographical or other information or data related to the Entrant (including race times and results), and to sub-licence the same in connection with (1) the production, operation, advertisement, marketing, promotion or sale of the Event or any "Swimathon” branded events or activities or any other events or activities owned or controlled by SF and/or SL or any event of which "Swimathon” forms a part and/or (2) the promotion, marketing or advertisement of the "Swimathon” brand and/or (3) the promotion, marketing or advertising of Charity Partners or Commercial Partner in connection with the Event or any "Swimathon” branded event. The Entrant agrees 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 the Entrant. If the Entrant does not agree to the use of their image for such purposes, they should contact the Event Organiser via the Website prior to the Event.
29. To qualify for a fundraising reward, you must have raised £100 on your online Open Water Swimathon JustGiving Page by 23:45 on 30 September 2017. Late entries will not be considered.
30. Any team fundraising rewards will be sent to the team captain.
31. To qualify for a fundraising reward, all payments must be paid online via your personal Open Water Swimathon JustGiving Page. For the avoidance of doubt, payments paid via an unrelated third party and/ or personal fundraising page will not be considered as part of the minimum target amounts.
32. Fundraising rewards will be sent to the qualifying Entrant's postal address, as provided on the Registration Form. It is the responsibility of each Entrant to check that their postal address details are correct and that the Swimathon Team is notified of any change of postal address. Replacement rewards will not be sent if the postal address provided is incorrect as at 30 September 2017.
33. T-shirt sizes will be allocated in line with the details provided upon registration.
34. The Event Organiser reserves the right to offer an alternative reward if an advertised reward is not available.
35. To be excluded from the fundraising rewards, the Entrant must notify the Open Water Swimathon Team in writing, before 30 September 2017.
36. Eligible fundraising reward recipients will not be notified in advance of delivery of the fundraising rewards.
37. Fundraising rewards are neither transferable nor exchangeable for cash or for any other reward.
38. If any provision in the Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions shall continue to be valid and enforceable.
40. The Event Organiser, on behalf of SF and SL, reserves the right to change the format, date and/ or time of the Event or to cancel the Event, in whole or in part, for any reason (including without limitation 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 liability to the Entrant. The Event Organiser and/or Event Venue will notify all Entrants of changes to the Event via email communication and the Website. None of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser shall be responsible for any loss arising from such changes (if any).
41. None of the Charity Partners, SF, SL, the Commercial Partner and the Event Organiser intends to 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 the Event by each Entrant. Entrants are advised to obtain such insurance themselves if required or desired.
42. The Entrant acknowledges and agrees that:
a. subject to clause 42d, the Entrant shall:
i. irrevocably indemnify and hold harmless each of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by any of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser in connection with any breach by the Entrant of these Terms and Conditions; and
ii. irrevocably indemnify and hold harmless each of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser from and for any sum, costs or expenses (including reasonable legal and professional fees) incurred, payable or paid by any of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser to any third party in connection with any accident, loss, damage or injury (including death) arising out of the Entrant’s attendance at, or participation in, the Event;
b. subject to clause 42d, none of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser shall be liable to the Entrant in connection with the Event 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, the Entrant;
c. subject to clause 42d, the aggregate liability of SF, SL, the Charity Partners, the Commercial Partner and the Event Organiser to the Entrant shall in any event be limited to the refund of the Registration Fee; and
d. nothing in the Terms and Conditions shall affect the liability of any of SF, SL, the Charity Partners, the Commercial Partner or the Event Organiser:
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.
43. Nothing in the Terms and Conditions shall affect any statutory rights to which the Entrant may be entitled as a consumer.
44. The Event Organiser, on behalf of SF and SL, reserves the right to amend, alter or change the Terms and Conditions at any time.
45. The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the Entrant, SF, SL and the Event Organiser each submit to the exclusive jurisdiction of the Courts of England.