Terms and Conditions of Entry

Swimathon 2015

Definitions

"Entrant” means the named person on the official entry form.

"Event” means Swimathon 2015.

"Offer” means the half price promotion which will take place between 5 January 2015 and 18 January 2015 or, if earlier, the closest working day following registration of the first 5,000 early bird Swimathon entrants and the 25% promotion which will take place between 19 January 2015 and 25 January 2015 or, if earlier, the closest working day following the registration of the next 3,000 entrants.  

"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 company registered in England with company number 06706774).

"LS” means Limelight Sports Ltd, (a company registered in England with company number 3700632).

"MC” means Marie Curie Cancer Care, (a company registered in England with Charity Reg No. 207994).

"Terms and Conditions” means the terms and conditions set out below.

"Junior Applicants” means persons aged sixteen (16) years or younger at the date of their application.

"Entry Confirmation” means the payment of the Registration Fee and the receipt of online or postal confirmation.

Entry

1. Swimming can be strenuous and you must make sure you are in good health. All participants must be able to swim a 100m leg without difficulty. 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 get clearance from your doctor before participating. For swimmers under the age of 16, a parent or guardian’s consent is required.

2. Swimathon 2015 (the "Event”) is a nationwide event to be hosted in swimming pools around the UK between 17 and 19 April 2015. The Event is owned by The Swimathon Foundation ("SF”), and SF and its wholly owned trading subsidiary Swimathon (Trading) Limited ("SL”) have appointed Limelight Sports Ltd ("LS”) to organise, operate, manage and promote the Event.

3. Entrant agrees to be bound by these Terms and Conditions of entry to the Event.

4. It is not possible to swap or transfer places between individuals entering the Event.

5. If you have registered as an individual entry, it is not possible to change this to a team entry. You will need to re-register as a team and contact Swimathon to cancel your individual entry. A refund will not be given for your individual entry.

6. If you have registered as a team entry, it is not possible to change this 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.

7. For swimmers under the age of 16 ("Junior Applicants”), a parent/guardian or an adult with their parent’s/guardian’s consent, is required to register them on their behalf, to participate in the Event.

8. Applicants must apply to participate in the Event by completing an online registration form.

9. Applications will be accepted or refused by LS in their absolute discretion and all decisions of LS are final. All successful applicants will be notified by way of online confirmation. The completion of Registration (whether online or by telephone) as set out above, the payment of the Registration Fee and the receipt of online or postal confirmation ("Entry Confirmation”) shall give the Applicant a right to participate in the Event, subject always to these Terms and Conditions.

10. Places at swimming pools hosting the Event are limited and therefore applications are subject to availability. Applications are processed on a first-come first-served basis in accordance with the rules set out in these Terms and Conditions.

11. None of SF, SL, MC and LS 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. Entrants may participate as an individual and/or as part of a team subject to instructions on www.swimathon.org.

13. The Registration Fees for the Event are set out at www.swimathon.org. Registration Fees are non-refundable. If payment is rejected or not cleared for any reason, LS reserves the right to refuse registration and entry to the Event.

14. The payment of the Registration Fee (for all participants except those participating in the SimplySwim challenge) entitles the Entrant to participate in the Event as well as free entry to the relevant local pool on the day of Swimathon session. 

15. If at any time it is discovered that any Entrant should have been ineligible or if the Entrant’s proposed participation in the Event should have been refused or rejected for any reason, LS reserves the right to disqualify an entrant from the Event and/or to refuse such entry at any time. None of SF, SL and LS shall be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.

16. The Event will be held between 17 and 19 April 2015 (or such other dates as the organisers shall determine) at participating pools across the UK. Entrants must arrive at the relevant venue at least 30 minutes prior to their session start time. If participants are unable to attend a Swimathon session, they can participate in SimplySwim which will be held between 9 and 19 April 2015.

17. SL and LS reserves the right to change the format date or time of the Event or to cancel the Event, in whole or in part, without notice or liability to the Entrant. None of SF, SL or LS shall be responsible for any loss arising from any changes to the time, date and/or venues hosting the Event.

18. Challenge completion times at the Event are recorded and results shall be made available to Entrants. None of SF, SL or LS makes any representation or warranty as to the accuracy or completeness of the time-keeping of pool staff/volunteers at each venue.

19. Participants in the Event must adhere at all times to the rules and regulations of the host venue whilst at that venue for the purposes of their participation in the Event. Participants 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.

20. SL and LS shall have the irrevocable, exclusive right and license throughout the world (and, Entrant hereby irrevocably grants SL/LS such exclusive right and license) to interview and/or photograph and/or film the Entrant at the Event (or subsequent to the Event as SL/LS may reasonably require) and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, Internet, mobile telephony and related or successor technologies, CD-ROM and/or DVD) 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), in connection with the production, advertisement, marketing, promotion or sale of the Event and/or the promotion, marketing or advertisement of "Swimathon” brand and/or Marie Curie.

21. All data provided by Entrants to the Event shall be stored, processed and used in accordance with the Privacy Policy and relevant Data Protection Law and these Terms and Conditions.

22. Entrant is responsible for Entrant’s own transportation to and from the Event at Entrant’s own expense.

23. 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. By completing and submitting a registration form, the Entrant acknowledges and confirms that, to the best of his or her knowledge and belief, he or she is healthy and fit to swim, understands and has considered and evaluated the nature, scope and extent of the risks involved, and has voluntarily and freely chosen to participate in the Event entirely at his or her own risk. 

24. Entrants must also be aware that all swimming caps provided are made from Latex. Anyone with a latex allergy should avoid contact with the caps at all times and make the Swimathon pool organiser aware of your allergy. 

25. Save in circumstances where any personal injury or death is caused by the negligence of SF/SL/LS/MC, none of MC, SF, SL and LS accepts any liability for any loss or liability of any kind in contract, tort or otherwise howsoever arising out of the Entrant’s participation in the Event or in relation to any services provided pursuant to such participation.

26. None of MC, SF, SL and LS intends to 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 Entrant. Entrant is advised to obtain such insurance themselves if required or desired.

27. As the Event Host, in each case, participating pools will require a record of Entrant’s registration details including third party emergency contact details for internal administration purposes.

28. Entrant hereby acknowledges that it is a strict condition of participation in the Event that all mandatory fields within an Entrant’s profile 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. Entrant hereby acknowledges and agrees that this information is required by SL/LS in order to properly and safely administer and conduct the Event, and SL/LS reserves the right to refuse Entrant entry to the Event in circumstances where Entrant either requests the suppression of such mandatory information from its Entrant’s profile, or SL/LS believes Entrant has provided false or incomplete information.

29. Entrant hereby acknowledges that the selected Charity Partner (in 2015 Marie Curie) will receive at least 70% of the total funds raised by Swimathon in each year they are the selected benefiting charity. The Foundation will receive the remainder of the funds raised by Swimathon participants in order to fund its operating expenses as the owner of the Swimathon Event and to offer Swimathon Foundation Community Grants to promote swimming participation in communities around Swimathon hosted pools.

30. If any provision in these 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.

31. The brands, product and service names used by SL/LS are the trademarks or trade names of SL/LS or their trading partners, unless otherwise stated. Entrant 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 SL/LS the owner of such marks or names.

32. This agreement shall be governed by and construed in accordance with English Law and each of the parties irrevocably submits to the exclusive jurisdiction of the Courts of England.

33. With the exception of entries where pricing concessions apply which are expressly excluded, the Offer is available for all entries into the Event, with the half-price offer available for all entries into the Event for the shorter of the period starting at 00.01hrs on 5th  January 2015 and ending at 23.59hrs on 18th  January 2015, or the closest working day to when the 5,000th early bird Swimathon entry is received, and the 25% discount available for all entries into the Event for the shorter of the period starting at 00.01hrs on 19 January (or the closest working day following registration of the first 5,000 entrants) and ending at 23.59hrs on 25th January 2015, or the closest working day following registration of the next 3,000 entrants. 

34. SL/SF/LS/MC reserves the right to amend these Terms and Conditions at any time.

Fundraising Incentives

1.  Participants must have fundraised online via the Swimathon Giving Pages, one of the target amounts for Swimathon 2015 as a minimum, and submitted payment by 23:45 on 30 June 2015. Late entries will not be considered. 

2.  To qualify for the fundraising rewards, all payments have to be paid online via your personal Swimathon Giving Page and not any unrelated third party personal fundraising pages, such as JustGiving.

3.  Registered fundraising constitutes money paid online.

4.  Target amounts and fundraising rewards are as follows:

(A) £100+ Swimathon 2015 t-shirt

(B) £300+ Swimathon 2015 t-shirt and towel

5.  Team fundraising rewards are calculated on the average raised per team member (i.e. the total amount the team has fundraised, divided by the number of team members, to give the average fundraising per team member). The team fundraising rewards will be sent to the team captain.

6.  Fundraising rewards will be sent to the qualifying participants’ address, as provided during registration. It is the responsibility of the participant to check that address details are correct and that the Swimathon team is notified of any change of address. Replacement rewards will not be sent if the address given is incorrect/unchanged from 30 June 2015.

7.  T-shirt sizes will be distributed in line with the details provided upon registration.

8.  Rewards will be distributed by 15th July 2015.

9.  To be excluded from the fundraising rewards and not receive the t-shirt and towel, participants must notify the Swimathon team in writing, via post at Swimathon 2015, PO Box 4500, London, W1A 7LF or email info@swimathon.org, before 2 June 2015.

10.  Eligible recipients will not be notified in advance of delivery of the fundraising rewards.

11.  Fundraising rewards are non-transferable or exchangeable for cash or any other reward.

12.  Swimathon reserves the right to offer an alternative reward if an advertised reward is not available.

13.  SL/SF/LS/MC reserves the right to amend these rules and Terms and Conditions at any time.

Promotions & prizes

1.     Swimathon reserves the right from time to time to arrange competitions and/ or prize draws to encourage individuals/ participants to take part in the Event (a "Competition”).

 2.     If Swimathon decides to arrange a Competition, an announcement providing details of such Competition will be made on the Swimathon website and/ or through Swimathon social media channels.

       3.     By entering the Competition, all individuals/ participants agree to be bound by these terms and conditions and by the decision of the Swimathon team in all matters relating to such Competition.  No correspondence shall be entered into. 

       4.     By entering the Competition, all participants consent to the transfer of their personal data to third parties for the sole purpose of the administration of this promotion (unless stated otherwise by Swimathon).

       5.     Unless specified otherwise, Competition winner(s) will be picked at random (each, a "Competition Winner”).

       6.     The prize shall not be transferable nor exchangeable and there is no cash alternative should a Competition Winner be unable to claim their prize.

      7.      Each Competition Winner will be contacted via email, and each Competition Winner will have 72 hours from the delivery time of that email to respond and claim the Competition prize. If the Competition Winner does not respond within that time period, the offer of the Competition prize will be revoked immediately. In such an event, Swimathon reserves the right to contact another Competition entrant who shall be deemed a Competition Winner.

      8.     In any event, Swimathon reserves the right to cancel a Competition where three or more Competition Winners fail to claim their Competition prize.

      9.     Events may occur that render a Competition unworkable or the awarding of a prize impossible due to reasons beyond the control of Swimathon and accordingly Swimathon may at their absolute discretion vary or amend a Competition and all individuals/ participants agree that no liability shall attach to Swimathon as a result thereof.

      10.   Swimathon will not be liable for any loss or damage whatsoever caused by matters relating to this promotion. Nothing shall exclude Swimathon’s liability for death or personal injury resulting from their negligence or for fraud or fraudulent misrepresentation.