School Swimathon 2019 - Entry Terms

1. School Swimathon 2019 (the "Event”) is a nationwide swimming event for schools and their pupils around the UK between January and April 2019. 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. You can contact us by post at Swimathon 2019, PO Box 4500, London, W1A 7LF or by email at info@swimathon.org.

2. Schools named on the official entry forms are “Entrants”. 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 Entrants.

4. “Participants” are any pupils of the Entrant participating in the Event. 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.

7. None of SF, SL and LS shall be responsible for postal, telephone, technical 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 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 any of its staff members or any Participants as a result of any such disqualification or refusal.

9. The Event will be held between January and April 2019 (or such other dates) across the UK.

10. LS reserves the right at any time to amend these terms, 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 Entrant staff members 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 Event venue. 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 and any member of its staff 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 and that staff member’s name, likeness and image or facsimile image, signature, voice, video or film portrayals or other means of identification of the Entrant or staff member, and any biographical or other information or data related to the Entrant or staff member in connection with: (a) the production, operation, advertisement, marketing or promotion of the Event or any “Swimathon” branded events or activities and (b) the promotion, marketing or advertisement of the “Swimathon” brand. The Entrant shall use all reasonable endeavours at SL’s or LS’s request to procure for SL and LS the rights and licences referred to above from one or more Participants and if that Participant is under the age of 16, from that Participant’s parent or guardian.

14. All data provided by Entrants shall be stored, processed and used in accordance with the Privacy Policy.

15. Entrant is responsible for the transportation of its Participants to and from the Event at Entrant’s own responsibility and 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 submits to the exclusive jurisdiction of the Courts of England.

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 (to include one wall chart per class and a swim cap and badge for each Participant, as specified during the order process).

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 fortnightly 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.