Terms and Conditions of Entry

Definitions

"Charity Partner” means Sport Relief, (a company registered in England with Charity Reg No. 326568) or any other registered charity having a formal association with the "Swimathon” event as owned or controlled by SF or SL.

"Commercial Partner” means any entity to which SF or SL has granted a formal right of association with the "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 their Registration Form (including Junior Applicants), whether on that person’s own behalf or as leader of a Participating Team.

"Entry Confirmation” means confirmation of acceptance (via email) to participate in the Event.

"Event” means a nationwide event to be hosted in swimming pools around the UK between 18 and 20 March 2016 (or such other dates as SF may at its absolute discretion determine), known as the Swimathon 2016.

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

"Event Venue" means any swimming pool 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 and whether or not any such member is 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 company registered in England with company number 06706774).

"Swimathon Team" means the team responsible for Event administration matters and who can be contacted via post at Swimathon 2015, PO Box 4500, London, W1A 7LF or email info@swimathon.org

"Terms and Conditions” means these terms and conditions.

Entry

1.  Entrants must apply to participate in the Event (whether on their own behalf or as the leader of a Participating Team) by completing a Registration Form. By submitting a Registration Form, the Entrant agrees to be bound by the Terms and Conditions.

2.  SF and its wholly owned trading subsidiary SL have appointed the Event Organiser to organise, operate, manage and promote the Event.

3.  By submitting a Registration Form (whether on his or her own behalf or as part of a Participating Team), 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. 

4.  In submitting a Registration Form on behalf of a Team, the Entrant further acknowledges and confirms that: (1) to the best of his or her knowledge and belief, every member of the Team 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; and (2) where a member of the Team is under the age of sixteen (16) at the date of the submission of the Registration Form, the consent of that Team member’s parent/guardian has been obtained for that Team member’s participation in the Event.

5.  An Entrant's place at the Event cannot be transferred or swapped (whether between Entrants or any other individuals).

6.  An Entrant may participate as an individual and/ or as part of a team subject to the instructions which can be found on the Website.

7.  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 the Swimathon Team to cancel your individual entry. A refund will not be given for your individual entry.

8.  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.

9.  In relation to a Junior Applicant, consent of (i) the Junior Applicant's parent/ guardian, or (ii) an adult with the Junior Applicant's parent’s/ guardian’s consent, is required to register the Junior Applicant on their behalf, in order to apply to participate in the Event.

10.  Registration Forms will be accepted or refused by the Event Organiser (acting in its absolute discretion) and all decisions of the Event Organiser are final. All 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, subject always to the Terms and Conditions.

11.  Places at swimming pools hosting the Event are limited and are therefore subject to availability. Registration Forms are processed on a first-come first-served basis in accordance with the Terms and Conditions, or at the sole discretion of the Event Organiser.

12.  None of SF, SL the Charity Partner, 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.

13.  Details of the Registration Fee for the Event are set out on the Website. The Registration Fee is non-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).

14.  Payment of the Registration Fee (for all Entrants except those participating in the SimplySwim challenge) entitles the Entrant to participate in the Event during their allocated session as well as free entry to the relevant local pool on the day of the Event (subject to rules and regulations of the applicable Event Venue). 

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, the Event Organiser reserves the right to disqualify an Entrant from the Event and/or to refuse an Entrant entry to the Event at any time. None of SF, SL, the Charity Partner, 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.

16.  The Event Venue will require a record of each Entrant’s registration details including third party emergency contact details for internal administration purposes.

17.  The 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. The Entrant hereby acknowledges and agrees that this information is required the Event Organiser on behalf of SF and SL in order to properly and safely administer and conduct the Event, and the Event Organiser on behalf of SF and SL reserve the right to refuse any Entrant entry to the Event in circumstances where that Entrant either requests the suppression of such mandatory information from their profile, or SL believe that the Entrant has provided false or incomplete information.

18.  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 24th November 2015 and ending at 23.59hrs on 21st December 2015, or the closest working day to when the 7,000th early bird Swimathon entry is received, and the 25% discount available for all entries into the Event for the period starting at 00.01hrs on 22nd December (or the closest working day following registration of the first 7,000 entrants) and ending at 23.59hrs on 13th January 2016, or the closest working day following registration of the next 3,200 entrants.

19.  The personal information provided by the Entrant on the Registration Form or subsequently to the Event Organiser will be stored by the Event Organiser, on behalf of SF and SL, on a secure web database in accordance with the privacy policy operated by the Event Organiser on behalf of SF and SL (details of which are available on the Website), the applicable data protection legislation and the Terms and Conditions. Such personal information will be used by the SF, SL and/or the Event Organiser (on behalf of SF and SL), in connection with the organisation and administration of the Event and for the compilation of anonymised statistical information in connection with sporting research and the promotion of sports/activity programmes and, to the extent that the Entrant has provided the necessary consent, by the Charity Partner and other trusted partners of SF and/or SL . Unless otherwise indicated on your Registration Form, Entrants agree to being contacted regarding the Event by post, email, telephone and/ or text message. 

The Event

20.  The Event is comprised of a series of swimming competitions known as the "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 the Challenge they wish to take part in by selecting their preference on the Registration Form. If the Registration Form is accepted, the Entry Confirmation will confirm the Entrant's place at the Event to take part in their chosen Challenge.

21.  The Event will be held between 18 and 20 March 2016 (or such other dates as the Event Organiser may at its absolute discretion determine) at the Event Venues. Entrants must arrive and register at the Event Venue at least 30 minutes prior to their session start time. If an Entrant is unable to attend their allocated Swimathon session, they can participate in SimplySwim which will be held between 9 and 20 March 2016 (or such other dates as the Event Organiser may at its absolute discretion determine).

22.  Challenge completion times at the Event are recorded and results will be made available to Entrants. None of SF, SL, the Charity Partner, the Commercial Partner and the Event Organiser makes any representation or warranty as to the accuracy or completeness of the time-keeping of pool staff/ volunteers at any Event Venue.

23.  Entrants must adhere at all times to the rules and regulations of the Event Venue. In any event, Entrants 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.

24.  Swimming can be strenuous and 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. The Entrant 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.

25.  Entrants are responsible for their own transportation costs while travelling to and from the Event Venue.

26.  Entrants may be provided with a swimming cap made from latex. If so, any Entrant with a latex allergy should avoid contact with the caps at all times and make the Swimathon pool organiser at the relevant Event Venue (at which the Entrant will be swimming) aware of their allergy. 

27.  The Entrant hereby acknowledges that the Charity Partner 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 and to offer Swimathon Foundation Community Grants to promote swimming participation in communities around the Event Venues.

28.  The brands, product and service names used by SF, SL, the Charity Partner, the Commercial Partner and/or the Event Organiser are the trade marks or trade names of respectively SF, SL, the Charity Partner, 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 trade marks or trade names without the prior written permission of SF, SL, the Charity Partner , the Commercial Partner and/ or the Event Organiser (as applicable).

29.  SF, SL and the Event Organiser shall have a worldwide, irrevocable and exclusive right and licence (and, the Entrant hereby irrevocably grants to SF, SL and the Event Organiser such 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) 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), 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 the Charity Partner or Commercial Partner in connection with the Event or any "Swimathon” branded event. The Entrant hereby acknowledges and agrees that photos used in accordance with this clause may be digitally altered within reason, provided that no additons or alterations may be made to the physical attrubutes 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.

Fundraising Incentives

30.  To qualify for a fundraising reward, Entrants must have raised one of the minimum target amounts (set out below) for the Event via their online Swimathon Giving Page by 23:45 on 31 May 2016. Late entries will not be considered. Subject to the Terms and Conditions, the target amounts and fundraising rewards are as follows:

  a.  Entrants who raise a minimum of £100 will be entitled to receive a Swimathon 2016 t-shirt; and

  b.  Entrants who raise a minimum of £300 will be entitled to receive a Swimathon 2016 t-shirt and towel.

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 which will then be measure against the minimum target amounts set out above. 

31.  Any team fundraising rewards will be sent to the team captain.

32.  To qualify for a fundraising reward, all payments must be paid online via your personal Swimathon Giving Page.  For the avoidance of doubt, payments paid via an unrelated third party and/ or personal fundraising page, such as JustGiving, will not be considered as part of the minimum target amounts.

33.  Fundraising rewards will be sent to the qualifying Entrant's address, as provided on the Registration Form. It is the responsibility of each Entrant to check that their 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 provided is incorrect as at 31 May 2016.

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

35.  The Event Organiser reserves the right (acting in its absolute discretion) to offer an alternative reward if an advertised reward is not available.

36.  To be excluded from the fundraising rewards, the Entrant must notify the Swimathon Team in writing, before 2 May 2016.

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

38.  Fundraising rewards are neither transferable nor exchangeable for cash or any other reward.

General

39.  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, without notice or liability to the Entrant. The Event Organiser will notify all Entrants of changes to the Event via email communication and the Website.  None of SF, SL, the Charity Partner , the Commercial Partner and the Event Organiser shall be responsible for any loss arising from such changes (if any).

41.  None of the Charity Partner, 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 41d, the Entrant shall: 

    i.  irrevocably indemnify and hold harmless SF, SL, the Charity Partner, the Commercial Partner and the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by SF, SL, the Charity Partner, the Commercial Partner and the Event Organiser in connection with any breach by the Entrant of the Terms and Conditions; and

    ii.  irrevocably indemnify and hold harmless SF, SL, the Charity Partner, 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 SF, SL, the Charity Partner , 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 41d, neither SF, SL, the Charity Partner , the Commercial Partner nor the Event Organiser shall be liable to the Entrant in contract, tort (including, without limitation, negligence) or otherwise 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 41d, the aggregate liability of SF, SL, the Charity Partner , 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 Partner , the Commercial Partner or the Event Organiser:

    i.  for death or personal injury resulting from the negligence of SF, SL, the Charity Partner, the Commercial Partner or the Event Organiser or a deliberate act or omission of SF, SL, the Charity Partner , the Commercial Partner or the Event Organiser, its employees or agents;

    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.


  • EVENT OWNER
    Swimathon Foundation
  • CHARITY PARTNER
    Sport Relief
  • EVENT PARTNER
    British Swimming
  • SWIM BRAND PARTNER
    Zoggs
  • Sainsbury's Sport Relief Games