Terms and Conditions
“Event” means the Nayland 10k (by whichever name) to be held on Sunday 30 June 2019.
“Event Organisers” means Event Nation Holdings Ltd and only in reference to the processing of Personal Data in clause 6 of these Terms and Conditions, includes both the Event Nation Holdings Ltd and Limelight Sports.
“Fee” means the price of entry payable prior to participation (paid either directly, by a public ballot participant, or by a third party (e.g. corporate entrant), for a non-public ballot Participant).
“Online Registration Form” means the pages within the Website which must be completed prior to participation.
“Online Confirmation” means confirmation of acceptance (sent via email from the Event Organisers to the Participant) to participate in the Event.
“Participant” or “you” means the named person on the official entry form.
“Personal Data” means the participant’s name, delivery address, email address, phone number, race number, t-shirt size, gender, medical conditions, emergency contact information, age, and company or charity name (if applicable).
“Parties” means the Event Organisers and the Participant.
“Event Nation Holdings Ltd” means Event Nation Holdings Ltd.
“Terms and Conditions” means the participant terms and conditions, relating to the Event, as set out below.
“Website” means www.nayland10k.co.uk
1 RACE REGISTRATION
1.1 These Terms and Conditions relate to the Nayland 10k which is a 10 kilometer running event (“the Event”) to be held in Nayland on Sunday 30 June 2019 and is wholly sponsored, produced, directed, organised, conducted or paid for by the Event Nation Holdings Ltd. The Event shall start and finish within Nayland Village Hall, Nayland.
1.2 The Fee shall be paid to the Event Organisers, through one of the payment methods set out on the Online Registration Form.
1.3 Only persons aged 16 years or above on race day Sunday 30 June 2019 may register for the Event.
1.4 Each Participant must register using the Online Registration Form, accessed using the individual Participant’s log-in details, as provided by the Event Organiser after that individual has secured a place in the Event.
1.5 The relevant date for registrations shall be the date the Participant receives the Online Confirmation
1.5.1 Each Participant must complete their registration in full by Sunday 30 June 2019 or they will forfeit their place in the Event.
1.5.2 Following the successful completion of the registration process by the Participant and clearance of the Fee and postage costs (where applicable), the Participant shall receive the Online Confirmation.
1.6 Participants shall receive an official numbered race bib on the morning of the event.
1.7 The numbered race bib is personal to the Participant accepting the Terms and Conditions and the Participant undertakes and agrees (i) to wearing the official numbered race bib assigned to his/her registration, and (ii) not to authorize or permit any third party to use their official numbered race bib for the Event.
1.8 The Event is a running event and as such no buggy’s, rollerblades, bicycles etc will be permitted on the course.
2 STATUS OF REFUNDS
2.1 The Participant shall not benefit from any right to cancel pursuant to any consumer rights legislation.
2.2 No refunds shall be provided to any Participant at any time, save in exceptional circumstances as determined by the Event Organisers in their absolute discretion.
2.3 No refunds will be provided for any donations that are made during the registration process.
2.4 No race places for the Event can be deferred to a subsequent year.
3 THE EVENT
3.1 The Event will be held on Sunday 30 June 2019, starting and finishing at Nayland Village Hall.
3.2 The Event Organisers reserve the right to change the time, date and/or venue and format of the Event and to cancel the Event, in whole or in part, without notice or liability to the Participant.
3.3 The Event Organisers reserve the right to refuse entry to the Event (or to disqualify from the Event) of any registered Participant not wearing their assigned official numbered race bib.
3.4 The Participant agrees to abide by the rules, instructions and regulations published and displayed from time to time by the Event Organisers or given on the day of the Event by race marshals, officials and police.
3.5 No drugs, illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the venue or used by any Participant either before or during participation in the Event. The Event Organisers reserve the right to refuse attendance at, or participation in, the Event by any persons found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind.
3.6 The Event Organisers reserve the exclusive right and license throughout the world (and, the Participant hereby grants the Event Organisers such exclusive right and license) to interview and/or photograph and/or film Participants at the Event (or subsequent to the Event as the Event Organisers may reasonably require) and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called “3-G” technologies, CD-ROM or DVDs) of the Participant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of Participant, and any biographical or other information or data related to Participant (including race times and results), in connection with the production, advertising, marketing or promotion of the Event Nation Holdings Ltd, the Event and any subsequent Royal Parks Half Marathon events.
4 EVENT PARTICIPATION – PARTICIPANT’S DECLARATION
4.1 The Participant agrees to be bound by these Terms and Conditions. If the Participant does not agree to these Terms and Conditions, they may not enter the Event. The Event Organisers reserve the right to change the Terms and Conditions from time to time without notice prior to the Event. The Participant therefore agrees to be bound by any such modification to the Terms and Conditions.
4.2 The Participant acknowledges that participation in and training for the Event involves potentially dangerous physical activity and carries with it inherent risks and dangers which cannot be eliminated completely, which, without prejudice to the generality of this clause 4.2, may include accidents, personal injury (ranging from minor discomfort to catastrophic injuries and death) and loss or damage to property due to falls, obstacles, contact with other participants, the acts and/or omissions of other participants, the effects of weather, traffic conditions and the conditions of any road. By completing and submitting the Online Registration Form, the Participant confirms that, to the best of their knowledge, they are healthy and fit to run, they understand and have considered and evaluated the nature, scope and extent of the risks involved (including, without limitation, those risks listed above), and have voluntarily and freely chosen to assume all risks associated with participating in the Event (except where any such personal and bodily injury, including death, is caused by the negligence of the Event Organisers or any of their employees). The Participant further understands that the Event Organisers reserve the right to refuse the Participant’s attendance at, and/or participation in, the Event.
4.3 The Event Organisers do not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant. The Participant is advised to obtain such insurance themselves if required.
4.4 Subject to clause 4.5, the Event Organisers shall take all reasonable steps to assess the safety and suitability of the Event location prior to the Event. The Event Organisers shall also arrange for the availability of an appropriate number of first aid and medical personnel according to the nature of the Event. The Participant hereby authorizes such medical personnel (both on-site or on-call) to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Event, but shall not be liable for such treatment or transportation by such third party. The Participant shall be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event.
4.5 The Participant acknowledges and agrees that the Participant shall indemnify and hold harmless the Event Organisers from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by the Event Organisers (including legal and professional fees and those paid to the Participant’s insurers) arising in connection with any act or omission of the Participant or any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at, participation in, or training for the Event.
4.6 Nothing in the Terms and Conditions shall affect any statutory rights to which the Participant may be entitled to as a consumer.
5.1 Subject to clause 5.4, the Event Organisers shall not be liable for any of the following:
5.1.1 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 receipt by the Event Organisers of an Online Registration Form;
5.1.2 any delay or failure to successfully register for the Event due to any delay involved with, or an inability to, obtain authorisation for payment of the Fee from the Participant’s bank;
5.1.3 damage to, or loss of, the official numbered race bib and the digital timing chip and shall not be responsible in any way for any failure of the technology of their numbered race bib and digital chip on the day of the Event; or
5.1.4 any losses the Participant suffers as a result of the Event Organisers’ breach of these Terms and Conditions unless such losses were reasonably foreseeable to both the Participant and the Event Organisers as at the Registration Date. For the avoidance of doubt, the Event Organiser will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business or anticipated savings or loss of data); goodwill or reputation; any special or indirect or consequential losses; for any personal injury to or death of the Participant.
5.2 If at any time it is discovered that any Participant should have been ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever) the Event Organisers reserve the right to disqualify from/refuse entry to such Participant to the Event. Further, the Event Organisers reserve the right to reject at any time any Online Registration Form which is believed to be fraudulent, or to disqualify any Participant believed to have not complied with the Terms and Conditions from attending, or participating in any future Event Nation Holdings Ltd events. The Event Organisers shall not be liable in any way to the Participant as a result of any such disqualification or refusal.
5.3 Subject to clause 5.4, the Event Organiser’s liability to the Participant shall in any event be limited to the refund of the Fee.
5.4 Nothing in the Terms and Conditions shall affect the Event Organiser’s liability:
5.4.1 for death or personal injury resulting from the negligence of the Event Organisers or a deliberate act or omission of the Event Organisers, its employees or agents;
5.4.2 for breach of statutory duty;
5.4.3 for fraudulent misrepresentation; or
5.4.4 to the extent that liability cannot be excluded or limited by law.
6 DATA PROTECTION
6.1 The Participant acknowledges that Personal Data (including medical information entered on their race number or collected by event medical staff during or after the event) may be collected, stored, processed and [disclosed] by the Event Organisers in connection with the organisation and administration of the Event and for the compilation of anonymised statistical information.
6.2 By entering the Event and accepting these Terms and Conditions, you signify that you fully understand and hereby consent to:
6.2.1 the collection, retention, handling, processing and use of your Personal Data (including sensitive Personal Data, such as medical information) by the Event Organisers;
6.2.2 to the Event Organiser sharing other sensitive data (such as medical data) with the emergency services.
6.3 The Participant acknowledges that any medical information supplied during registration, where deemed necessary, may be used to treat or otherwise assist the Participant as a result of illness or injury at the Event. The Participant undertakes and agrees to inform the Event Organisers of any change in their medical condition from the Registration Date up to and until the start of the Event. Nothing in this clause 6.3 shall give the Event Organisers the obligation to process, analyse, or otherwise take action on, any medical information provided by the Participant either during or after the registration process.
6.4 In the event that the Participant becomes ill during or after the Event and requires medical attention, the Participant hereby authorises the Event Organiser to provide the Participant’s details to any Event medical provider, or any doctor or hospital for the purpose of the Participant receiving any required treatment.
6.5 In accordance with a Participant’s rights under the Data Protection Act 1988 the Participant may obtain a copy of his or her Personal Data which is held by the Event Organisers, or request the amendment of such data by contacting the Event Organisers in writing at the address at the head of these Terms and Conditions. To the extent that such data is accessible to the Participant on the Website, the Participant agrees to keep it accurate and up to date.
6.6 The Participant agrees that the Event Organisers may contact the Participant regarding the Event by post, email, telephone or sms, using relevant contact details supplied by the Participant during the registration process.
7 GENERAL PROVISIONS
7.1 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 (in full or in part) shall continue to be valid and enforceable.
7.2 These Terms and Conditions shall be subject to the law of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
7.3 A person who is not a party to the Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.
7.4 The Participant may not assign transfer or deal in any other manner with these Terms and Conditions or any of its rights under it without the prior written consent of the Event Organisers.
7.5 These Terms and Conditions and the documents referred to herein constitute the entire agreement and understanding between the Parties and supersedes any previous agreement between the Parties relating to the subject matter herein. No other term or condition submitted, proposed or stipulated will apply to these Terms and Conditions. The Participant acknowledges that it has not, in entering into these Terms and Conditions, relied on any statement, representation or assurance that is not expressly set out in these Terms and Conditions or any document referred to herein.