By completing and submitting an Online Registration Form (as defined below) the Participant (as defined below), agrees with the Company (as defined below) that they have read, understood, and agree to be bound by the following terms and conditions ("Terms").
1. Definitions and Interpretation
1.1 The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:
"Agreement" means the agreement entered into by the Company and Participant as set out in the Online Registration Form and the Online Confirmation, together with these Terms;
"Challenge" means a sporting challenge co-ordinated by the Company as part of the Program in which the Participant agrees to participate, either as an individual or as part of a team, in accordance with these Terms (and "Challenges" shall be construed accordingly);
"Company" means Gold Challenge Limited being a company registered in England and Wales with company registration number 07179789 and whose registered office is at 6 Southwood Lane, London, England N6 5EE;
"Event" means any sporting event in which the Participant participates in order to undertake a Challenge, which is sanctioned and organised by the relevant Governing Body;
"Governing Body" means the governing body, association or such other properly constituted organisation that governs the Event in which a Participant participates as part of a Challenge;
"Online Confirmation" means the email confirmation sent by the Company to the Participant at the email address provided by the Participant on the Online Registration Form confirming their registration for the Program;
"Online Registration Form" means the online registration form provided by the Company and completed and submitted either by the Participant or on behalf of the Participant on the Website in order to participate in the Program;
"Participan" means the person named on the Online Registration Form;
"Participant Charity" means the Program Charity that the Participant has chosen to fundraise for on the Online Registration Form as part of their participation in the Program;
"Participant Data" means any personal data collated by the Company regarding the Participant, other than the Registrant Data, for example during the Program and in respect of the Participant's participation in the Program, including without limitation any Challenge or Event participated in and the achievement level(s) obtained by the Participant;
"Program" means the collective series of potential Challenges signposted by the Company through the Website with the purpose of increasing sporting participation in the United Kingdom and raising money for charity and known as the "Gold Challenge";
"Program Charity" means those third parties which have entered into an agreement with the Company to be official Program charities;
"Program Partner" means those third parties which have entered into an agreement with the Company to be official Program partners (including Program Charities) and/or sponsors;
"Registrant Data" means all personal data collected by the Company from a Participant upon registration for the Program (via the Online Registration Form), including all names, addresses, e-mail addresses and additional contact details;
"Registration Date" means the date upon which the Online Confirmation is sent by the Company;
"Relevant Law" means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) applicable to the subject matter in question;
"Venue" means any stadium, ground or place where any Event is to take place; and
"Website" means the Company's website currently available at: www.goldchallenge.org.
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.4 Any reference to a clause shall be deemed to be a reference to a clause of this Agreement.
1.5 Words denoting the singular number shall include the plural number and vice versa.
1.6 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.7 The words "include(s)" or "including" are not to be treated as a word of limitation.
2. Program Registration
2.1 The Company owns or controls all rights in and to the Program.
2.2 The Participant acknowledges and agrees that the Company does not organise or have any responsibility for the individual Events in which the Participant may participate as part of a Challenge and that all Events are organised and managed by the relevant Governing Body.
2.3 Only persons over the age of 16 on the Registration Date may register for and participate in a Challenge. People aged 16 or 17 and mentally incapacitated adults wishing to be registered as a Participant may only be registered by their parent or legal guardian. If you are registering a person under the age of 18 or a mentally incapacitated adult as a Participant you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and in doing so guarantee the performance of the obligations of the Participant in accordance with these Terms. By registering a person under 18 years of age, you agree and consent to the processing of that person's data and information in accordance with clause 7.
2.4 To register for the Program, the Participant must complete the Online Registration Form. All requests to register for the Program are subject to acceptance by the Company and such acceptance will be confirmed to the Participant by the Company sending the Online Confirmation to the Participant. The Participant will only receive an Online Confirmation after a validly completed Online Registration Form has been received by the Company. The relevant date for registrations shall be the Registration Date.
2.5 Online Registration Forms will not be accepted if capacity for the Program or any part thereof is reached (as determined by the Company).
2.6 The Company is not 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 receipt by the Company of an Online Registration Form.
3. The Challenge
3.1 In consideration of being provided with a participation place in the Program, the Participant acknowledges, and agrees to abide, by these Terms.
3.2 Following the sending of an Online Confirmation, the Company will provide the Participant with:
3.2.1 a link to on online giving page
3.2.2 information on and a link to their personal tracker; and
3.2.3 information on how to get started and choosing a Challenge.
3.3 The specific rules and information for participation in the Challenges can be found on the relevant pages of the Website.
4. Cancellation, Amendment and Refusal of Entry
4.1 The Company reserves the right to:
4.1.1 change the format of the Program or a Challenge and/or cancel, delay or postpone the Program or a Challenge, in whole or in part due to reasons beyond its reasonable control, without notice or liability to the Participant;
4.1.2 refuse entry to any Challenge (or to disqualify from any Challenge) or future events organised by the Company of any Participant:
(a) who, the Company reasonably believes has not complied with these Terms;
(b) who is ineligible to participate in a Challenge (or if participation in a Challenge should have been refused for any reason whatsoever); or
(c) who the Company reasonably believes has fraudulently completed any part of the Online Registration Form.
The Company has no liability for any costs or expenses that may be incurred by a Participant as a result of the occurrence of any of the events in this clause 4.1.
4.2 It is the Participant's responsibility to check the particulars of the Online Confirmation. In order for any errors to be rectified they must be notified to the Company within seven days of receipt of the Online Confirmation.
5. Participant Obligations
5.1 By entering into this Agreement the Participant acknowledges and agrees:
5.1.1 to use all reasonable endeavours to meet the fundraising obligations it has agreed with the Participant Charity;
5.1.2 to abide by all rules, instructions and regulations published and displayed from time to time by the Company and any relevant Governing Body or given on the day of the respective Event by marshals, officials, police or such other authority;
5.1.3 to remain well behaved, to not cause any nuisance or annoyance to any other person at the Venue and to exercise care as to their own safety and the safety of all others whilst at the Venue in complying with the Venue rules of entry;
5.1.4 to comply with all Relevant Law in their participation in a Challenge and any Event;
5.1.5 not to bring to an Event or use any drugs, illegal substances, performance enhancing substances or intoxicants of any kind whilst participating in an Event;
5.1.6 that the Company reserves the exclusive right and licence throughout the world (and, the Participant hereby grants the Company such exclusive right and licence) to, or to permit a contracted third party to, interview and/or photograph and/or film the Participant at an Event (or subsequent to an Event as the Company may reasonably require) and to the unlimited use in all current and future media (including 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 the Participant, and any biographical or other information or data related to Participant (including Registrant Data and Participant Data), in connection with the production, advertisement, marketing or promotion of the Program;
5.1.7 that it will not, whether in conjunction with its participation in the Program or otherwise, use or reproduce in any form the logos of any of the British Olympic Association, â€œTeam G"Â or the International Olympic Committee (being the "Olympic Rings") without the express prior consent of the Company (such consent to be provided at the Company's sole discretion and in accordance with brand guidelines provided to it by the British Olympic Association).
5.1.8 that any incentives or promotions provided or undertaken by the Company during the course of the Program will be subject to further terms and conditions made available at the point of entry.
5.1.9 that participation in and training for any Event involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. To the best of their knowledge, the Participant is healthy and fit to take part in any Challenge they select as part of the Program (and by extension the relevant Event), they understand and have considered and evaluated the nature, scope and extent of the risks involved in participation, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the negligence of the Company or any of their agents, officers or employees);
6. Indemnity and Limitation of Liability
6.1 The Company, subject to clauses 6.5 and 6.6 shall have no liability to a Participant:
6.1.1 for any losses incurred by the Participant due to their participation in an Event;
6.1.2 in the event that there is a change in the time, date and/or Venue and format of an Event or an Event is cancelled, delayed or postponed, in whole or in part, without notice for any reason; or
6.1.3 should a Participant fail to take part in an Event, complete or take part in a Challenge or fail to meet its fundraising obligations agreed with a Participant Charity for any reason.
6.2 The Participant hereby agrees to irrevocably indemnify and hold harmless, and reimburse the Company from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred (including legal and professional fees) by the Company (including in relation to the Participant's insurers) in connection with:
6.2.1 any accident, loss, damage or injury arising out of the Participant's attendance at, participation in, or training for, an Event or a Challenge; and
6.2.2 any claim made by any third party due to or arising from or relating to the Participant's participation in an Event or the breach of any term of this Agreement by the Participant;
6.3 Subject to clauses 6.5 and 6.6, the Company will not be liable in any way to the Participant as a result of any losses the Participant suffers as a result of the Company's breach unless such losses were reasonably foreseeable to both the Participant and the Company as at the Registration Date. For the avoidance of doubt, the Company will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Program for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Participant and the Company such as 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.
6.4 The Participant hereby acknowledges that:
6.4.1 the Company does 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 an Event, and/or participation in the Program by each Participant. The Participant is advised to obtain such insurance themselves if required; and
6.4.2 in agreeing to undertake any Challenge the Participant will enter into a separate agreement with the relevant Governing Body in respect of their participation in the relevant Event. The Participant will need to satisfy themselves as to any provisions made by the Governing Body, the nature of the Challenge and the Participants suitability (physical or otherwise) for it.
6.5 Nothing in these Terms shall affect the Company's liability:
6.5.1 for death or personal injury resulting from the negligence of the Company or a deliberate act or omission of the Company, its employees or agents;
6.5.2 for breach of statutory duty;
6.5.3 for fraud or fraudulent misrepresentation; or
6.5.4 to the extent that liability cannot be excluded or limited by law.
6.6 Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer.
7. Data Protection
7.1 The Company confirms that all â€œPersonal Data" (as defined in the Data Protection Act 1998) of the Participant provided to or collected by the Company will be stored, on a secure web database, and processed in accordance with the provisions of the Data Protection Act 1998.
7.2 The Participant hereby agrees to the Company collecting and processing their Participant Data to facilitate the Participant's full participation in the Program and for the purposes outlined in these Terms.
7.3 By entering into this Agreement, the Participant expressly consents to its Personal Data being collected by the Company and shared with third parties in the following ways, in order that the Participant may fully participate in the Program:
7.3.1 Registrant Data and Participant Data may be shared with the Participant Charity and the Participant Charity may contact the Participant by post or email for the purposes of facilitating the Participant's full participation in the Program, by way of example, so that the Participant can be made aware of fundraising opportunities on behalf of the Participant Charity;
7.3.2 Registrant Data and Participant Data may be shared with the Company's public relations contractors for the purposes of allowing such contractor to contact the Participant in order that the Participant might be included in publicity material related to the Program in accordance with clause 5.1.6; and
7.3.3 Registrant Data and Participant Data that is collated and converted into an anonymous format may be passed on to Governing Bodies and other third parties for analytical purposes.
Anyone who does not consent to the sharing of their Personal Data as outlined in this clause 7.3 should NOT complete and submit an Online Registration Form (as such use of Personal Data is essential to facilitate participation in the Program).
7.4 Participant's Personal Data shall not be distributed to third parties other than for the purposes outlined in clause 7.3 above without receiving the Participant' prior consent. Participant's Personal Data will only be disclosed to a third party other than as outlined in these Terms without prior consent when the Company believes such disclosure to be required by Relevant Law or to be necessary to defend the rights of the Company, the safety of the public or other Participants.
7.5.1 following the Program; or
7.5.2 in the event that the Participant no longer wishes or is unable to participate in the Program and, accordingly, the Participant no longer wishes to be contacted by the Company and/or the third parties in accordance with clause 7.3 above;
the Participant may opt out from receiving such communications from the Company by updating their preferences on the membership section of the Website. In this circumstance the Participant will need to contact its Participant Charity separately in respect of the Participant's Personal Data that it holds.
8.1 The Company shall not be liable to the Participant or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Challenges, if the delay or failure was due to any cause beyond the Company's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:
8.1.1 Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.1.4 import or export regulations or embargoes;
8.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
8.1.6 difficulties in obtaining raw materials, labour or similar.
8.2 Where the items (for example referred to in clause 3.3 above) are posted to the Participant, the risk in the goods shall pass to the Participant upon the items being posted to the address given by the Participant. The Company shall not be liable for any loss, damage or cost arising from the delivery or non-delivery of such items.
8.3 The details of the Program shown in any material supplied by the Company to the Participant are correct at the time of printing but the Participant shall be responsible for checking with the Company that no alterations have been made.
8.4 Where any conflict arises between the content of the Online Registration Form and the Online Confirmation the content of the Online Confirmation shall prevail. In the program of conflict between either the Online Registration Form or Online Confirmation and these Terms, the content of these Terms shall prevail.
8.5 If any provision of the these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
8.6 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
8.7 No term, condition or provision of this Agreement shall be enforceable under the Contracts (Right of Third Parties) Act 1999 (the â€œAct") by a person who is not a party to it, but this does not affect any right or remedy of a third party which exists or is available apart from under the Act.
8.8 The granting by any party of anytime or indulgence in respect of any breach of any term of this Agreement by the other shall not be deemed a waiver of such breach and the waiver by any party of any breach of any term of this Agreement by the other shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any breach.
The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties to the Agreement hereby submit to the exclusive jurisdiction of the Courts of England and Wales.