School Swimathon 2018 – Entry Terms
"Entrant” means the school named on the official entry form.
"Event” means School Swimathon 2018.
"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).
“Participant” means any pupil of the Entrant participating in the Event.
"Terms and Conditions” means the terms and conditions set out below.
"Entry Confirmation” means the receipt of online or postal confirmation.
“Order confirmation” means the receipt of online or postal confirmation.
“Class Materials Pack” shall include one wall chart per class and a swim cap
and badge for each Participant, as specified during the order process.
“Swimathon Events” the Event and other ‘Swimathon’ events owned by SF.
1. School Swimathon 2018 (the "Event”) is a nationwide swimming event for schools and their pupils around the UK between January and April 2018. 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.
2. Entrants must apply to participate in the Event by completing an online registration form at the following address:http://www.schoolswimathon.org/. By submitting an online registration form, the Entrant agrees to be bound by these Terms and Conditions.
3. It is not possible to swap or transfer places between schools entering the Event.
4. For Participants under the age of 16, the Entrant must have obtained the consent of that Participant’s parent or guardian for that Participant to participate in the Event.
5. Applications to participate may be accepted or refused by LS in its absolute discretion and all decisions of LS are final. All successful applicants will be notified by way of online confirmation.
6. Places in the Event are limited and therefore subject to availability. Applications are processed on a first-come first-served basis in accordance with these Terms and Conditions.
7. 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.
8. If at any time it is discovered that any Entrant should have been ineligible or if any Participant’s or the the Entrant’s proposed participation in the Event should have been refused or rejected for any reason, LS reserves the right to disqualify a Participant or 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 or Participant as a result of any such disqualification or refusal.
9. The Event will be held between January and April 2018 (or such other dates as the organisers shall determine) cross the UK.
10. LS reserves the right at any time to amend these terms and conditions, 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 or any Participant. 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.
11. Challenge completion distances and times at the Event can be recorded by teachers and results can be made available to Participants if the Entrant 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.
12. The Entrant and Participants must adhere at all times to the rules and regulations in force at the venue at which they participate. Participants are required to behave reasonably and responsibly at all times whilst participating in the Event.
13. SL and LS shall have the irrevocable, exclusive worldwide right and license (and, Entrant hereby irrevocably grants SL/LS such exclusive right and license) to interview and/or photograph and/or film the Entrant or any Participant 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 of the Entrant’s or Participant’s name, likeness and image or facsimile image, signature, voice, video or film portrayals or other means of identification of the Entrant or Participant, and any biographical or other information or data related to the Entrant (including race times and results), in connection with the marketing or promotion of SF or Swimathon Events.
15. Entrant is responsible for the transportation of its Participants to and from the Event at Entrant’s own expense.
16. Swimming can be strenuous and the Entrant acknowledges that participation in the Event involves physical activity and inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage and the Entrant therefore must make sure that Participants are in good health. If any Participant has any medical conditions that could be adversely affected by exercise, or if the Entrant is in any doubt about a Participant’s health, the Entrant must ensure that the Participant has clearance from a doctor before participating. By completing and submitting a registration form, the Entrant acknowledges and confirms that, to the best of the Entrant’s knowledge and belief, each of its Participants 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 their own risk and if under the age of 16, has the consent of that Participant’s parent or guardian for that Participant to participate in the Event.
17. All swimming caps provided for the Event are made from Latex. Anyone with a latex allergy should avoid contact with the caps at all times and the Entrant must make LS aware of any Participant with such an allergy.
18. Save in circumstances where any personal injury or death is caused by the negligence of SF or SL or LS, none of 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 or any Participant’s participation in the Event or in relation to any services provided pursuant to such participation.
19. None of SF, SL and LS intends to or will 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 any Entrant or Participant.
20. 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.
21. 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.
Event Promotions & Prizes
1. LS reserves the right from time to time to arrange competitions and/or prize draws to encourage participation in the Event (a "Competition”). Any such Competition will be announced on the School Swimathon website and/or through Swimathon social media channels.
2. By entering the Competition, all Entrants shall and shall procure that all Participants shall be bound by these terms and conditions and by the decisions of LS in all matters relating to any Competition. No correspondence shall be entered into.
3. By entering the Competition, all Entrants consent to the transfer of Participants’ personal data to third parties for the sole purpose of the administration of this promotion (unless stated otherwise by LS).
4. Unless specified otherwise, Competition winner(s) will be picked at random (each, a "Competition Winner”).
5. The prize shall not be transferable nor exchangeable and there is no cash alternative should a Competition Winner be unable to claim their prize.
6. 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, LS reserves the right to contact another Competition entrant who shall be deemed a Competition Winner.
7. In any event, LS reserves the right to cancel a Competition where three or more Competition Winners fail to claim their Competition prize.
8. Events may occur that render a Competition unworkable or the awarding of a prize impossible due to reasons beyond the control of SF, SL and LS and accordingly LS may at its absolute discretion vary or amend a Competition and all Entrants and Participants agree that no liability shall attach to any of SF, SL and LS as a result thereof.
9. None of SF, SL and LS will be liable for any loss or damage whatsoever caused by matters relating to this promotion. Nothing shall exclude SF, SL or LS from liability for death or personal injury resulting from their negligence or for fraud or fraudulent misrepresentation.
Event Class Materials Pack
1. Entrants may take part in School Swimathon free of charge if they choose the ‘digital-only’ option however such Entrants shall not be eligible to receive the Class Materials Pack.
2. Should the Entrant choose to receive the Class Materials Pack then after clearance of the appropriate payment, the Entrant shall receive the Online Confirmation and their Class Materials Pack shall be sent out. Packs shall be delivered on a weekly basis throughout the Event period and may take up to 3 weeks to arrive. No refunds shall be provided for any reason should the Entrant not take part in the Event.