School Swimming Charter

School Swimathon 2017

Definitions "Entrant” means the named teacher and school on the official entry form.

"Event” means School Swimathon 2017.

"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).

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

"Terms and Conditions” means the terms and conditions set out below.

"Entry Confirmation” means the receipt of online or postal confirmation.

Entry

1. Swimming can be strenuous and you must make sure pupils are in good health. If any participants have any medical conditions that could be adversely affected by exercise, particularly a heart condition, or if you are in any doubt about their health, you must get clearance from a doctor before participating. For swimmers under the age of 16, a parent or guardian’s consent is required.

2. School Swimathon 2017 (the "Event”) is a nationwide event to be hosted by schools around the UK between January and April 2017. The Event is owned by The Swimathon Foundation ("SF”), and SF and its wholly owned trading subsidiary Swimathon (Trading) Limited ("SL”) have appointed Limelight Sports Ltd ("LS”) to organise, operate, manage and promote the Event.

3. Entrant agrees to be bound by these Terms and Conditions of entry to the Event.

4. It is not possible to swap or transfer places between schools entering the Event.

5. For swimmers under the age of 16 ("Junior Applicants”), a parent/guardian or an adult with their parent’s/guardian’s consent, is required for them to participate in the Event.

6. Entrants must apply to participate in the Event by completing an online registration form.

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 (whether online or by telephone) as set out above, the receipt of online or postal confirmation ("Entry Confirmation”) shall give the Applicant a right to participate in the Event, subject always to these Terms and Conditions.

8. Places in 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.

9. None of SF, SL and LS 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.

10. 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. None of SF, SL and LS shall be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.

11. The Event will be held between January and April 2017 (or such other dates as the organisers shall determine) at participating schools across the UK.

12. SL and LS reserves the right to change the format date or time of the Event or to cancel the Event, in whole or in part, without notice or liability to the Entrant. None of SF, SL or LS shall be responsible for any loss arising from any changes to the time, date and/or venues hosting the Event.

13. Challenge completion distances and times at the Event can be recorded by teachers and results can be made available to participating pupils if the teacher so desires. None of SF, SL or LS makes any representation or warranty as to the accuracy or completeness of the time-keeping of pool staff/volunteers at each venue.

14. 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.

15. SL and LS shall have the irrevocable, exclusive right and license throughout the world (and, Entrant hereby irrevocably grants SL/LS such exclusive right and license) to interview and/or photograph and/or film the Entrant at the Event (or subsequent to the Event as SL/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 "Swimathon” or “School Swimathon” brand

16. 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.

17. Entrant is responsible for Entrant’s own transportation to and from the Event at Entrant’s own expense.

18. 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, participating pupils are 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 their own risk.

19. Entrants must also be aware that all swimming caps provided are made from Latex. Anyone with a latex allergy should avoid contact with the caps at all times and make the School Swimathon coordinator aware

20. Save in circumstances where any personal injury or death is caused by the negligence of SF/SL/LS, none SF, SL and 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.

21. None of SF, SL and 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.

22. 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.

23. The brands, product and service names used by SL/LS are the trademarks or trade names of SL/LS or their trading partners, unless otherwise stated. Entrant may not offer goods or services under, or by reference to, or otherwise use or reproduce any such trademarks or trade names without the prior written permission of SL/LS the owner of such marks or names.

24. 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.

25. SL/SF/LS reserves the right to amend these Terms and Conditions at any time.

Promotions & prizes

1. School Swimathon reserves the right from time to time to arrange competitions and/ or prize draws to encourage individuals/ participants to take part in the Event (a "Competition”).

2. If School Swimathon decides to arrange a Competition, an announcement providing details of such Competition will be made on the School Swimathon website and/ or through Swimathon social media channels.

3. By entering the Competition, all individuals/ participants agree to be bound by these terms and conditions and by the decision of the School Swimathon team in all matters relating to such Competition. No correspondence shall be entered into.

4. By entering the Competition, all participants consent to the transfer of their personal data to third parties for the sole purpose of the administration of this promotion (unless stated otherwise by Swimathon).

5. Unless specified otherwise, Competition winner(s) will be picked at random (each, a "Competition Winner”).

6. The prize shall not be transferable nor exchangeable and there is no cash alternative should a Competition Winner be unable to claim their prize.

7. Each Competition Winner will be contacted via email, and each Competition Winner will have 72 hours from the delivery time of that email to respond and claim the Competition prize. If the Competition Winner does not respond within that time period, the offer of the Competition prize will be revoked immediately. In such an event, School Swimathon reserves the right to contact another Competition entrant who shall be deemed a Competition Winner.

8. In any event, School Swimathon reserves the right to cancel a Competition where three or more Competition Winners fail to claim their Competition prize.

9. Events may occur that render a Competition unworkable or the awarding of a prize impossible due to reasons beyond the control of Swimathon and accordingly Swimathon may at their absolute discretion vary or amend a Competition and all individuals/ participants agree that no liability shall attach to School Swimathon as a result thereof.

10. School Swimathon will not be liable for any loss or damage whatsoever caused by matters relating to this promotion. Nothing shall exclude School Swimathon’s liability for death or personal injury resulting from their negligence or for fraud or fraudulent misrepresentation.