Terms and Conditions for entry into the Stilton Stumble Virtual Race
These terms and conditions consist of:
(a) the general terms and conditions here and set out in Section A that apply to your access, browsing, use and participation in this Web Site (and by so doing you will be treated as having accepted these terms and conditions) as well as any other activity (including entering races) via the site (“General Terms”); and
(b) the terms and conditions set out in Section B that apply, in addition to the General Terms, if you would like to register for and participate in any races (“Race Terms”);
which are together referred to as the “Agreement”.
Section A – General Terms
1. Accessing our site
1.1 We do not charge for access to and use of our Web Site.
1.3 We do not guarantee that our Web Site, or any content on it, will always be available or be uninterrupted. Access to our Web Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Web Site without notice. We will not be liable to you if for any reason our Web Site is unavailable at any time or for any period.
1.4 You are responsible for making all arrangements necessary for you to have access to our Web Site. You are responsible for configuring your information technology, computer programs and platform in order to access our Web Site. You should use your own virus protection software.
2. Postings supplied by you
2.1 The Web Site may link to our Facebook page or other features on the Web Site which may provide some areas where you can post or exchange information, ideas and opinions as well as post photos and other materials. Such actions are collectively referred to as “Postings”. If you make use of this facility you much comply with the terms set out in this Agreement and any applicable terms (including any which may be imposed by the operators of Facebook).
2.2 The standards set out in this clause 2.2 apply to all Postings. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
(i) Postings must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
(ii) Postings must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that all of your Postings do comply with the standards set out in this clause 2.2, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
2.3 You hereby authorise us to copy and use and/or authorise others to use all or part of your Postings in any manner (including, without limitation, for the purposes of implementing or developing any idea that you may suggest or discuss), format, or medium that we or such other parties see fit throughout the world. You waive any moral rights.
2.4 We have the right to disclose your identity to anyone who alleges that your Posting may infringe their intellectual property rights or their right to privacy.
2.5 You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Site will cease immediately.
3. Monitoring and moderating
3.1 Please be aware that we have no obligation to (and do not always exercise) editorial control over Postings or other information that users post to the Web Site and such information does not necessarily reflect our views.
3.2 Notwithstanding clause 3.1, we reserve the right to monitor and/or moderate all Postings and to remove all or part of any which we consider in our absolute discretion to be offensive or otherwise in breach of this Agreement. We may also make alterations to Postings at any time and at our discretion.
4.1 If you have any complaint about any Posting or other content on our Web Site please contact us at firstname.lastname@example.org
4.2 Your complaint will be dealt with by our team in accordance with our internal moderation and take down policy and guidelines in place from time to time. A member of our team will use reasonable endeavours to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.
4.3 We reserve the right to terminate your registration and access to the Web Site if we suspect any misuse of our complaint’s procedure.
5. Intellectual Property Rights
5.1 We are the owner or the licensee of all intellectual property rights in and relating to:
our Web Site; and
the material (including all logos, text and graphics) published on the Web Site; and
the software used to operate our Web Site.
These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s)) from our Web Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Web Site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 5.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our Web Site must always be acknowledged.
6.1 The content on our Web Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Web Site.
6.2 Although we make reasonable efforts to update the information on our Web Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Web Site is accurate, complete or up-to-date.
7. Disclaimer and liability
7.1 Nothing in the Agreement shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
7.2 Subject to clause 7.1 and other than as stated in this clause 7, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
7.4 Whilst we make every effort to ensure the availability and accuracy of our Web Site and any content, we do not warrant that the availability of our Web Site will be uninterrupted or that Web Site and any materials accessible via the Web Site will be error or omission free.
7.5 We do not accept any responsibility for any use made of the Web Site and we shall not be liable:
(i) in any circumstances for any loss of profits, loss of sales or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
(iii) for any other loss suffered in connection with the use of our Web Site or any content to the fullest extent that we may exclude or limit such liability under applicable law.
8. Your personal information
9.1 We may revise the terms of the Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Web Site.
10. Linking to our Web Site
10.1 You may link to our home page or any other relevant page of our Web Site, provided you do so in a way that is fair and legal and do not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any web site that is not owned by you.
10.3 Our Web Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
11. General terms
11.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of the terms of the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 We will not be liable to you for any breach of the Agreement that arises because of any circumstances which we cannot reasonably be expected to control.
11.3 No term of the Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement.
11.4 If there is a conflict or inconsistency between any provision contained in these General Terms and the Race Terms, except where provided to the contrary, to the extent of the conflict or inconsistency the following order of precedence shall apply:
(i) if you enter a race, clause 7 of these General Terms will prevail and the Race Terms will take precedence over all other clauses of the General Terms.
The Agreement is governed by English law. You agree to submit to the exclusive jurisdiction of the English courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.
You may contact us at email@example.com
Section B – Race Terms
1. Race entry
1.1 By entering a race you are agreeing to enter into the race and also agree to abide by these Race Terms as well as the General Terms and the terms set out on the relevant race entry page of the Web Site.
1.2 Entries to races are non-transferable. Participation in the race is personal to you; you are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer the place in the race.
1.3 Runners under the age of 16 must run an age-appropriate distance as defined by our race license and Event Plan.
1.4 Race entry closure will take place on the pre-set date as stated on the website.
2. Race entry fees and cancellation
2.1 You must pay the race entry fee at the time of entering the race.
2.2 All race entry fees are non-refundable, and cannot be deferred towards a future race, nor can an entry be transferred from one race to another. You do not have a right to change your mind since the race entry fee is charged in return for our entering you into the race. Your entry is completed as soon as you have completed the race entry process.
3. Participation is at your own risk
3.1 You are responsible for ensuring that you have undertaken any necessary preparation and training to enter and participate in any race. Entry and participation in races is at your own risk. You warrant to us that you will be on the date of the race, sufficiently fit and healthy to participate in the race unaided and in accordance with the Agreement. If you are in any doubt we recommend that you seek medical advice.
3.2 By entering the race, you are confirming your acceptance of these terms and conditions.
4. Race completion
4.1 You will be treated as having completed the race if you submit the required evidence of your completion of the race to us by the date specified on the race entry page of the Web Site. Examples of the required evidence are stated in the Event Plan. Any question as to whether sufficient evidence is provided will be determined solely at our discretion.
4.2 If you do not wish to submit evidence, you will be treated as having completed the race after the race closure date.
4.3 We will send a race medal to each participant who provides the required evidence of completion in accordance with clause 4.1, and to other participants after the race closure date, in accordance with clause 4.2. Medals are dispatched within a reasonable time of the deadline for completing the race to the address provided by you during the race entry process. It is your responsibility to ensure that your address and any other details are correct and we will not be responsible or liable to you if these details are incorrect.
4.4 Spot prizes may be awarded entirely at our discretion.
4.5 The deadline for completing each race and the submission of evidence in accordance with clause 4.1 is fixed and cannot be varied.
5. Personal Information
5.1 For the purposes of this section, personal information includes any data or information about you that is described as “personal data” and/or “sensitive personal data” in the Data Protection Act 1998 (which includes your name, photos, medical data and other information about you (“Personal Information”). References to our partners includes our sponsors, advertisers, charities and any other third parties with which we may work in connection with the operation of the Web Site and the organisation and promotion of races and virtual races.
5.2 You agree that the Personal Information relating to you can be stored, used by us and our partners in connection with the organisation, staging and administration of the race.
5.3 You agree that the Personal Information relating to you may be anonymised and the anonymised data may be used by us and our partners in connection with the compilation of statistical information.
5.4 You agree that your name, image and contact details can be used by us and our partners for the purposes of:
(i) the promotion and marketing of the race and the Web Site;
(ii) adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities or future races;
(iii) promotional and marketing material in respect of similar events, other community-based activities organised by us and/or our partners.
5.5 If you would not like us or our partners to use the Personal Information other than for purposes related to your participation in the race, please email us.
5.6 You agree that we may publish your Personal Information as part of the lead up to the race and as part of the results of the race either for the race alone or combined with or compared to other races and events. Results may include (but not be limited to) name, any club affiliation, race times, occupation, age category, location, submitted times and photos.
5.7 In particular in relation to photographs, you agree to the publication of such photographs and their use by us and those authorised by us in any way which we may see fit now or in the future including but not limited to display on the Web Site and inclusion in other publications and publicity materials.
Section C – Race Terms
Entrants must be capable of completing the event distance by running or walking.
Adult entry is age 15 and above. Entrants aged between 15 and 18 must have parental consent to enter.
Child entry is under 15. All child entrants must be accompanied by an adult on a 1:2 ratio (1 adult to 2 children).
It is the responsibility of the parent or guardian of the entrant to ensure that participants under the age of 15 are capable of completing the event distance.
It shall be a condition of entry that all participants:
(1) Enter at their own risk and shall discharge the Organisers, sponsors and land owners for any injury, illness, loss or equipment damage incurred as a result of their participation.
(2) Accepts that participation in the Event will result in strenuous physical exertion, including the risks associated with physical activity.
(3) Are recommended by the organisers to consider having suitable sports activity insurance cover in place in the event of any illness, accident, injury or damage however caused during the event and / or including their travel to and from the event.
(4) Shall consent to being photographed and/ or filmed and shall grant to the Organisers their full permission and authority to use the Participant’s appearance in the race for worldwide promotional purposes without the need for any further approvals from the Participant.
(5) Agrees to follow any rules or instructions provided to the Participant by the Organisers as maybe communicated via the event website, by email and / or at the event itself.
(6) Shall consent to allowing the Organisers to communicate with the Participant via post, email, text, phone or other methods. The Participant shall have the right to “unsubscribe” by contacting the Organisers.