Open Water Swimathon 2021 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 Open Water Swimathon 2021 (“OWS”) as described in clause 2.1 of these terms.
1.2 Why you should read them. These terms tell you who we are, how entry into OWS works, details about OWS, fundraising, and other important information. Please read these terms carefully before you sign up to take part in OWS.
2. INFORMATION ABOUT OWS
2.1 OWS. OWS is a national swimming challenge event which takes place at a wide range of venues across the UK and raises money for charity. OWS 2021 is currently scheduled to take place on 10 – 12 September 2021 at approximately 30 venues throughout the UK and includes a virtual offering named MySwimathon.
2.2 Event Management. OWS is managed by LimeLight Sports Ltd (a company registered in England with company number 03700632) (“we”/”us”/”our”) on behalf of Swimathon (Trading) Limited (a company registered in England with company number 06706774) which is owned and controlled by Swimathon Foundation (a company limited by guarantee registered in England with number 04684234 and a registered charity with number 1123870).
2.3 How to contact us. You can contact us by post at Swimathon 2021, PO Box 4500, London, W1A 7LF or by email at email@example.com. From a sustainability perspective we would prefer all contact to be by email.
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 that you provide to us.
2.5 Our charity partners. We have 2 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. OUR CONTRACT WITH YOU
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. Open water swimming is physically challenging. By registering, you are confirming that you: are healthy and fit to and can swim; can complete your OWS challenge unaided; and have freely chosen to participate at your own risk. By registering a team you are confirming that you and your teammates: are all healthy and fit to and can swim; can complete your OWS challenge unaided; and have freely chosen to participate at your own risk. You (and, if applicable, your teammates) must be able to swim a 100m leg without difficulty. You, and where applicable, your teammates, must at all times adhere to all instructions and abide by all rules and health and safety directions given by any of us, OWS event organisers and staff at the venue where you participate at all times. If you (or, if applicable, your teammates) have any medical conditions that could be adversely affected by exercise or if you are in any doubt about your health you must obtain clearance from your doctor before participating. If you choose to enter MySwimathon (see below), you are choosing to take on an OWS challenge at a venue and time of your choice and you agree that the choice of that venue and time is entirely your responsibility and that you will only undertake that challenge at a venue and time that meets with first class open water swimming health and safety standards and all related and applicable laws and regulations. By registering a MySwimathon team you are confirming that you and all your teammates are choosing to take on an OWS challenge at a venue and time of your choice and that all of you agree that the choice of that venue and time is entirely your responsibility and that all of you will only undertake that challenge at a venue and time that meets with first class open water swimming health and safety standards and all related and applicable laws and regulations.
3.4 Once you have registered as an individual or as a team, it is not possible to change your registration 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 cancelled entry.
3.5 After clearance of the appropriate payment, no refunds or deferrals shall be provided should you fail to take part in OWS, subject to clause 3.6 below.
3.6 In the event that OWS is postponed or cancelled, including as a result of Covid-19 restrictions, you will have the opportunity to:
(a) donate all entry fee payments to Swimathon Foundation; or
(b) defer your entry to a subsequent OWS event.
3.7 Pricing for Open Water Swimathon. Except for those eligible for pricing concessions, entry to OWS 2021 is available at a 50% discount during the period starting at 00.00hrs on 18 May 2021 and ending at 24.00hrs on 2 June 2021. Entry is available at a 35% discount during the period starting at 00.00hrs on 3 June 2021 and ending at 24.00hrs on 14 June 2021.
3.8 National Open Water Coaching Association (“NOWCA”) affiliated venues. Where your choice of OWS venue is a NOWCA affiliated venue, you must have a valid safety/timing wristband (“NOWCA Wristband”) onsite and throughout your participation in the OWS. If you choose to register a MySwimathon team you and your teammates must each have a valid NOWCA Wristband onsite and throughout your participation in the OWS. During the registration process you will be asked to confirm whether you are registered with NOWCA and own a NOWCA Wristband. It is your responsibility to ensure that you, and each member of your team (if applicable), register with NOWCA and purchase a NOWCA Wristband from the NOWCA website ahead of OWS, if you do not already own one.
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 You must not attend at or participate in OWS if you believe that you may have recently been infected by Covid-19 or have any of the symptoms as listed by the Government from time to time.
4.3 Failure to comply with these measures shall entitle us to prevent you from participating in OWS and to eject you from any venue where you may be participating.
4.4 By participating in OWS, you assume all risk associated with Covid-19 (unless in any way caused by our negligence). OWS is subject to the latest Government guidance rules to manage the transmission of Covid-19. In attending at or participating in OWS 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 outdoor venue where you participate in OWS.
4.5 For the avoidance of any doubt, you must not participate in OWS or attend at any OWS pool or open water venue if:
a) you are displaying any of the government listed symptoms of Covid-19 from time to time (presently being a new persistent cough, high temperature, and/or loss of taste or smell);
b) you are required to self-isolate in accordance with government guidance from time to time, either due to displaying symptoms as above, or due to any member of your household who is self-isolating;
c) you have been instructed by the relevant contact tracing authority to isolate;
d) you have been informed that you are extremely clinically vulnerable and that you should be shielding; and/or
e) you live in the same household as an individual who is extremely clinically vulnerable.
5. THE EVENT
5.1 How OWS works. OWS is a series of open water swimming events known as “challenges”. The challenges comprise various distances: the individual swimming distances include 500m, 1.5k, 2.5k, 5k & Triple 5k; and the team swimming distances are 1.5k and 5k. Or you can take part in “MySwimathon” and take on your own OWS distance challenge at a time and place of your choosing. You can decide which challenge you want to swim when you register.
5.2 Date of OWS. It is intended that OWS will be held from 10 to 12 September 2021 (but this could change, at our discretion). You must arrive and register at the venue at least 30 minutes prior to your session start time. If venues are still adhering to government Covid-19 guidance, then please arrive and register based on the policies outlined by your OWS venue. If you are unable to attend your allocated OWS session, you can participate in MySwimathon at a venue of your choosing from 3 to 19 September 2021.
5.3 More information about OWS.
a) Challenge completion times are recorded and results will be made available to you. MySwimathon entrants can record their own challenge times and entrants are able to upload their completion times in their MySwimathon Web App account.
b) It is a condition of entry to any NOWCA affiliated venue that you, and each of your teammates (if applicable), have and use a valid NOWCA Wristband. See 3.8 above.
c) It is a condition of entry that you must wear a wetsuit at all times while swimming during OWS.
d) You may be provided with a swimming cap made from latex. If so and if you have a latex allergy you should avoid contact with the caps at all times and make sure the OWS director at your venue is aware of your allergy.
5.4 Our charity partners will receive at least 70% of the total funds raised by and received from participants in Open Water Swimathon. Swimathon Foundation, as the charity which owns OWS, will receive the remainder of the funds in order to promote the benefits of swimming amongst the general public and to provide opportunities to swim through its events activities, and to offer Swimathon Foundation Community Grants to help in the provision of access to swimming and in promoting swimming participation.
5.5 We may photograph or film OWS. By registering or attending or participating in OWS at one of our designated venues you, and (if applicable) your teammates, agree to grant to us and our charity and commercial partners: (a) all consents (and waive the benefit of any moral rights) necessary or required to interview and/or photograph and/or film you and (if applicable) your teammates; and (b) a perpetual worldwide exclusive right and licence in such recordings and/or photographs for unlimited use and exploitation in all current and future media of your and (if applicable) your teammates’ 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 collected by us or by NOWCA (where you complete your OWS challenge at a NOWCA affiliated venue)) connected with your participation or attendance in OWS, and to sub-licence the same in connection with:
a) the production, operation, advertisement, marketing, promotion or sale of OWS or any “Swimathon” branded events or activities; and/or
b) the promotion, marketing or advertisement of the Swimathon Foundation; 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 OWS.
5.6 Refusing entry. We reserve the right to refuse your entry to any OWS event or to ask you to stop taking part and leave the venue if you (a) try to take part in the OWS event 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 OWS 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 OWS event due to consumption of alcohol or drugs, or due to injury, pregnancy or illness.
How to qualify for a reward. To qualify for a reward, you must have raised the minimum target amount, as outlined below, via your online OWS JustGiving Page by no later than 24:00hrs on 30 September 2021. Late entries will not be considered. Rewards will be sent to your address (if the address we have for you is incorrect, you must contact us prior to sending the reward to change it). The fundraising targets and applicable rewards are as set out below and are cumulative (so, by way of example only, if your fundraising total is equal to or exceeds £1000 you will be entitled to receive all the applicable rewards as set out in the table below):
|Fundraising Total||Applicable Reward|
|£1||Downloadable fundraising certificate triggered|
|£25||Receive a 25% off code for either OWS 2021 or Swimathon 2021|
|£50||If you have registered for the MySwimathon Lite event, you will receive your cap and medal|
|£100||Receive a 25% off code for a Swimathon 2021 t-shirt, Swim England supporter discount|
|£250||Receive a free entry code for either OWS 2021 or Swimathon 2021|
|£300||Receive an exclusive OWS 2021 towel|
|£500||The first 10 people to receive a fundraising target of £500 will get a promotion of their page and fundraising story on 3 x Swimathon social channels|
|£1,000||Exclusive OWS bundle:
- Free entry to Swimathon 2022
- Free entry to Open Water Swimathon 2022
- Exclusive Swimathon ‘Gold’ cap
- Entry into a prize draw to have a 1:1 coaching session with Duncan Goodhew
Team fundraising rewards are calculated on the average total fundraising amount raised per team member (i.e. the total fundraising amount raised by the team, divided by the number of team members) and that average total fundraising amount will then be applied against the applicable reward as 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 at any time to make any changes or improvements to OWS (including but not limited to OWS’ format, date and/or time) to OWS or to cancel it, in whole or in part, without notice or liability to you. We will notify you of changes to OWS via email communication and our website. Neither we, Swimathon Foundation, Swimathon (Trading) Ltd nor any of the Swimathon charity or commercial partners (together “Swimathon Partners”) are or will be responsible for any loss arising from such changes (if any).
7.3 None of the Swimathon Partners provide any insurance in respect of any loss or liability (including without limitation in respect of the cancellation or postponement of OWS or for any illness, accident, injury, death, loss and/or damage) that may arise in connection with the attendance at, and/or participation in OWS by you or (if applicable) your teammates. If you or your teammates require insurance, you must obtain it yourself.
7.4 You hereby agree and acknowledge that save as expressly set out in clauses 7.5, 7.6 or 7.7 below, none of us and any Swimathon Partner:
a) is or can be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by you in connection with any breach by you of these terms;
b) is or can be held accountable for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by you or any third party in connection with any accident, loss, damage or injury (including death) arising out of your attendance at, or participation in, OWS;
c) is or can be held liable to you in connection with OWS 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.
7.5 In any event, you acknowledge and agree that our and the Swimathon Partners’ total aggregate liability to you shall be limited to the refund of your registration fee.
7.6 Nothing in these terms shall affect our or the Swimathon Partners’ liability:
a) for death or personal injury resulting from our or the Swimathon Partners’ 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.
7.7 Nothing in these terms shall affect any statutory rights to which you may be entitled as a consumer.
7.8 Nothing in this agreement shall confer any right or benefit upon any person who is not a party to it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, save that Swimathon Foundation and/or Swimathon (Trading) Limited (and/or their group companies) shall be entitled to enforce the terms of this agreement.
7.9 We reserve the right to amend, alter or change these terms at any time.
7.10 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 and Wales.