Swimathon 2020 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. BACKGROUND INFORMATION
2.1. Swimathon. Swimathon is a national swimming challenge which takes place at a wide range of venues across the UK and raises money for charity. Swimathon 2020 is now scheduled to recommence on 28th July 2020 for the period ending on 31 October 2020, for swimmers undertaking a MySwimathon challenge at a pool or open water venue and at a time of their choice. Scheduled swimming sessions for multiple swimmers at specific locations may be offered at a later date during this period, subject to availability and at our sole discretion.
2.2. Who we are. The Swimathon challenge is managed by Limelight Sports Ltd (a company registered in England with company number 3700632) (“Limelight”/“we”/”us”/”our”) 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)).
2.3. How to contact us. You can contact us by post at Swimathon 2020, PO Box 4500, London, W1A 7LF or by email at email@example.com.
2.4. 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.
2.5. Our charity partners. Swimathon has two 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).
3.2. 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 their Swimathon challenge unaided and that each of you has freely chosen to participate at your own risk. You must adhere to all instructions and abide by all rules given by Limelight or by Swimathon event organisers, at all times.
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. After clearance of the appropriate payment, no refunds or deferrals shall be provided for any reason should you fail to take part in the Swimathon.
4.1 Covid–19, often referred to as coronavirus, is an infectious disease that can result in serious and potentially fatal illness. There is a risk of the transmission of Covid–19 in any environment where people come together.
4.2 In participating in Swimathon 2020, you assume all risk associated with Covid-19 (unless in any way caused by our negligence). You will also be expected to:
a) abide by all government guidance aimed at preventing the transmission of the virus; and
b) follow all directions provided by us and by staff at the venue where you participate.
4.3 You must not attend at or participate in Swimathon if you believe that you may have been infected by Covid-19.
4.4 Failure to comply with these measures shall entitle us to prevent you from participating in Swimathon and to eject you from any venue where you may be participating.
4.5 Swimathon is subject to the latest Government guidance rules to manage the transmission of Covid-19. In attending at or participating in Swimathon 2020 you must adhere at all times to all relevant and applicable laws, rules, regulations and guidelines that may relate to your participation, whether in general terms or at the pool or open water venue where you participate in Swimathon 2020.
4.6 For the avoidance of any doubt, you must not participate in Swimathon 2020 or attend at any such pool or open water venue if:
a) you are displaying the symptoms of Covid-19 (new persistent cough, high temperature, loss of taste or smell);
b) you are self-isolating either due to displaying symptoms as above for 7 days, or due to any member of their household who is self-isolating for 14 days;
c) you have been instructed by the relevant contact tracing authority to isolate;
d) you have been informed that they are extremely clinically vulnerable and that you should be shielding; or
e) you live in the same household as an individual who is extremely clinically vulnerable.
5. EVENT INFORMATION
5.1. The Swimathon challenge. Swimathon is a series of swimming challenges. Using “MySwimathon”, you can take on a swimming distance challenge of your choice, for example 400 metres or a Triple 5k. You can decide on which challenge you want to swim when you register for “MySwimathon”. Scheduled swimming sessions for multiple swimmers at specific locations may be offered at a later date, subject to availability and at our sole discretion.
5.2. Dates. The Swimathon will now take place between 28th July and 31 October 2020 (but this could change, at our discretion). You must complete your chosen MySwimathon challenge at a pool or open water venue of your choice within this time period.
5.3. Timing your Swimathon challenge. For “MySwimathon” entrants you must record your own challenge times and upload these in your swimmer log in area. Should scheduled swim sessions be offered (see 4.1 above) then we intend to record your challenge completion times. Challenge completion times (if applicable) are recorded by a lap counter and results will be made available to you.
5.4. Caps. You may be provided with a swimming cap made from latex. If so, if you have a latex allergy you should avoid contact with the caps at all times.
5.5. 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 and other Grants (including through its recent Covid-19 Relief Fund) to promote swimming participation.
5.6. 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:
a) the production, operation, advertisement, marketing, promotion or sale of Swimathon or any "Swimathon” branded events or activities; and/or
b) the promotion, marketing or advertisement of "Swimathon” brand; and/or
c) 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.
5.7. Refusing entry. We reserve the right to refuse entry to Swimathon or to ask you to stop taking part and leave the venue if you (a) try to take part in the Swimathon in a manner that in our reasonable opinion may injure you or someone else, may damage or harm the venue, may cause offence to other Swimathon participants or users of the venue, or otherwise causes a risk or potential risk to health and safety or, (b) we reasonably believe you are unfit to participate in the Swimathon event due to consumption of alcohol or drugs, or due to injury or illness.
5.8. Changes. We reserve the right to make any changes to any Swimathon event which we consider necessary for its successful operation and management. We will try to let you know about any significant changes on or before the day of the event.
6.1. How you get your reward. To qualify for a reward, you must have raised the minimum target amount below via your online Swimathon JustGiving Page by 23:59 on 13 November 2020. 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 raise a minimum of £300 you will be entitled to receive a Swimathon 2020 towel (we reserve the right to offer an alternative reward if towels are not available).
Team fundraising rewards are calculated on the average amount 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.
7. OTHER IMPORTANT TERMS
7.1. 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.
7.2. 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. None of us, Swimathon Foundation and Swimathon (Trading) Ltd and the Swimathon charity partners (together “Swimathon Partners”) are or will be responsible for any loss arising from such changes (if any).
7.3. None of us or the Swimathon Partners provide any insurance, including without limitation in respect of the cancellation or postponement of Swimathon or in respect of any 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.
7.4. You agree that you understand that none of the Swimathon Partners:
a) can be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred in connection with any breach by you of these terms;
b) can be held accountable for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by you 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) can be held 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.
7.5. Nothing in these terms shall affect our liability:
a) for death or personal injury resulting from our negligence;
b) for breach of statutory duty;
c) for fraud or fraudulent misrepresentation; and
d) to the extent that liability cannot be excluded or limited by law.
7.6. Nothing in these terms shall affect any statutory rights to which you may be entitled as a consumer.
7.7. We reserve the right to amend, alter or change these terms at any time.
7.8. 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.