1. Swimming can be strenuous and you must make sure you are in good health. 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. SwimBritain 2013 (the “Event”) is a nationwide event to be hosted in ten swimming pools and one open water venue around the UK between August and the end of September 2013. The Event is owned by British Gas, (a company limited by guarantee registered in England with number 3078711) (“BG”) which has appointed Limelight Sports Ltd, (a company registered in England with company number 3700632) (“LS”) to organise, operate and manage the Event.
3. Entrant agrees to be bound by these Terms and Conditions of entry to the Event.
4. It is possible to substitute team members up to two weeks before your event by the Team Leader by editing your Registration Form. The new team member will receive joining instructions at that point.
5. Persons creating or joining a family team are assumed to be the parents / legal guardians of the under sixteen (16) members within that team.
6. Applicants must apply to participate in the Event by completing an online registration form (“Registration”).
7. 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 as set out above, the payment of the Registration Fee and the receipt of online confirmation (“Entry Confirmation”) shall give the Applicant a right to participate in the Event, subject always to these Terms and Conditions and any rules and Terms and Conditions of local pools or venue.
8. Places for 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, or at the sole discretion of LS.
9. Neither BG nor LS shall be responsible for 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 which may prevent receipt by the Event Organisers of a registration.
10. Entrants may participate only as part of a team subject to instructions on www.swimbritain.co.uk.
11. The payment of the Registration Fee entitles the Entrant to;
12. You will receive a voucher for Coaching which will enable you to book Coaching at one of our participating pools subject to the following conditions:
13. No refunds shall be provided should a Participant fail to take part in the Event, for any other reason save in exceptional circumstances as determined by the BG and LS in their absolute discretion, which shall not include, without limitation, oversight of diary commitments, not acknowledging the full Event scheduling or holidays.
14. 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. Neither BG nor LS shall be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.
15. The Event will be held between August and the end of September 2013 (or such other dates as the organisers shall determine) at participating pools and venues across the UK. Entrants must arrive at the relevant venue at least 45 minutes prior to their session start time.
16. BG and LS reserves the right to change the format of the Event or to cancel the Event, in whole or in part, without notice or liability to the Entrant. Neither BG nor LS shall be responsible for any loss arising from any changes to the time, date and/or venues hosting the Event.
17. Should one of the team members fail to attend the event, an incomplete team may not be provided with completion times.
18. The Event Organisers will not be liable in any to the Participant as a result of damage to, loss of the official timing band and shall not be responsible in any way for any failure and accuracy of the technology of the timing band on the day of the Event.
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. BG and LS shall have the irrevocable, exclusive right and licence throughout the world (and, Entrant hereby irrevocably grants BG/LS such exclusive right and licence) to interview and/or photograph and/or film the Entrant at the Event (or subsequent to the Event as BG/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 the “SwimBritain” brand.
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. By taking part in this Promotion, you consent to us using your email address to send you;
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. Save in circumstances where any personal injury or death is caused by the negligence of BG/LS, neither BG nor 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, to the extent permissible by law.
25. The participant acknowledges that personal information (including medical information entered on registration OR collected by event medical staff during or after the event) can be stored, used and disclosed by BG or LS in connection with the organisation and administration of the event and for the compilation of anonymised statistical information. The participant acknowledges that if they become ill during or after the event and/or received medical attention or treatment from event medical provider, or any doctor or hospital, they authorise such persons to provide their details (including details of medical treatment) to the Event Organisers or others authorised by the Event Organiser, subject to maintaining appropriate Medical Confidentiality.
26. Neither BG nor 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. The Participant acknowledges and agrees that:
28.1 Subject to clause 29, the Participant shall:
28.2 fully indemnify and keep BG and LS fully indemnified from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by the Participant; and
28.3 irrevocably indemnify and hold harmless, and reimburse BG and LS from and for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by BG and LS to any person (including the Participant’s insurers) in connection with any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at, participation in, or training for the Event.
28.4 Subject to clause 29, BG and LS shall not be responsible for any losses the Participant suffers as a result of BG and LS’ breach unless such losses were reasonably foreseeable to both the Participant and the Event Organisers as at the date of the Participant’s registration for the Event. For the avoidance of doubt, BG and LS 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; or goodwill or reputation; or any special or indirect or consequential losses; for any personal injury to or death of the Participant;
29. 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 BG/LS in order to properly and safely administer and conduct the Event, and BG/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 BG/LS believes Entrant has provided false or incomplete information.
30. Entrant must adhere to all instructions given by the Event officials at all times during the Event.
31. Wetsuits are compulsory at the Open Water Swim event. It is the Entrant’s responsibility to ensure a suitable, well-fitting wetsuit is worn. BG and LS reserve the right to eject Entrant’s from the event if they do not have a wetsuit or are wearing an ill fitting wetsuit.
32. Entrants are prohibited from using any of the following items in the Event:
32.1 Flippers/fins
32.2 Hand paddles
32.3 Snorkels
32.4 Personal audio equipment
32.5 Any other floatation device or swimming aid which could potentially affect the safety of other swimmers, as determined by BG and LS.
33. 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.
34. 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.
35. BG and LS reserve the right to amend these terms and conditions at any time.