VELOTHON Wales

Cardiff, Wales Jul 8, 2018

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Terms & Conditions

Terms & Conditions

Participation in the Event is subject to and conditional upon the following terms and conditions:

1. REQUIREMENTS

1.1 Everyone properly registered and accredited and having an official race number of Velothon Wales 2018 can take part in the Event.

1.2 Individuals must be 16 years old to take part and therefore only athletes who are 16 years old or over on 08.07.2018 will be admitted. Participants under the age of 18 will need consent from a parent or guardian to hand in at registration. Proof of identity and age will be required in accordance with clause 2.3. No club or federation membership will be required.

1.3 Every participant shall carefully study the race information handbook. Please pay special attention to the information on special hazardous points in your handbook (which you will receive via email closer to the event)

1.4 By receiving the race number every participant will state in a binding manner that there are no health concerns as regards his/her participation in this race.

2. CONTRACT

2.1 The application that constitutes a binding offer of a contract vis-à-vis Run4Wales Ltd, POD1 Capital Retail Park, Leckwith Road, Cardiff, CF11 8EG, United Kingdom (“the Organiser”), can be filed ONLINE under www.velothon.com/wales

2.2 Each participant may only enter himself or herself. Double entries will not be accepted i.e. if the same person is entered twice, there is no right of a second entry, or of return of the person’s initial booking payment (“Processing Fee”) or fee for entering the event (“the Entry Fee”).

2.3 The contract shall be considered concluded when a) the applicant accepts the terms and conditions of participation and the regulations by clicking the relevant field in the ONLINE registration form; b) the entry fee has been received and processed by the Organiser and c) the participant has received confirmation that he/she can take part in the Event. In the case of minors the registration form must be signed by a parent or guardian who at the same time confirms his/her acceptance of the terms and conditions of participation. The consent form is available on www.velothon.com/wales.

2.4 A right to take part in the Event is not guaranteed, is subject to availability and individual assessment and cannot be transferred without the written permission of the Organiser.

3. PAYMENT

3.1 Each participant is required to pay a processing fee of 8% and an Entry Fee (variable) for the selected distance at point of entry. The Organiser only accepts payment by approved debit card or credit card.

3.2 If the money cannot be collected for any reason including, without limitation, due to insufficient funds, cover of account or revocation by the applicant (also at a later date), the applicant cannot participate in the Event and will be charged a withdrawal fee.

3.3 All Fees are inclusive of VAT at the rate of 20% VAT. If your entry is accepted the fee is non-refundable other than as otherwise stated in the withdrawals policy.

3.4 Under no circumstances is the Processing Fee refundable.

4. ACCREDITATION AND WITHDRAWAL BY THE ORGANISER

4.1 Registration and race pack collection will only be available on the Friday or Saturday before event day. There will be no registration nor race pack collection on event day. The race packs must be collected in person. For race pack collection (in Cardiff) each participant will receive his/her race pack upon the presentation of photo identification (e.g. passport or driving licence) and email confirmation. If a participant cannot appear personally, he/she has to make sure that the race pack is collected by a person who has been authorised in writing by said participant.

4.2 If at any time the Organiser discovers that any participant should have been ineligible to participate in the Event the organiser reserves the right to disqualify that participant and/or refuse the participant entry into the Event, without any refund of the Processing Fee or Entry Fee.

4.3 The Organiser reserves the right to disqualify a participant at any point on reasonable grounds and may take any appropriate action to enforce this right including, without limitation, if he/she has behaved in a manner which, in the reasonable opinion of the Organiser, has, or is likely to affect the safety of other participants; or uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or in the reasonable opinion of the Organiser is acting under the influence of alcohol or drugs or fails, when required to produce proof of identity or age.

4.4 The Organiser reserves the right to remove any Participant from the Event, either during or before it, due to ill health, or any other reason (at the Organiser’s discretion) that may render him/her unfit to safely complete the Event. The Participant confirms that he/she will not take part in the Event if he/she is suffering from any contagious illness and confirms that he/she will report any illness during the Event, to the Event medical team immediately

4.5 In order to ensure the roads are clear for the pro race, the Organiser has the right to take participants out of the race that do not meet the required cut-off time as dictated by the sweep vehicle that will travel at 19km/ph. The required finish time is 7hrs 15mins from the last start. No refunds will be paid to participants in these cases.

5. PARTICIPANT OBLIGATIONS

As a continuing condition of entry, each Participant shall ensure that, for the duration of the Event:

5.1 safety approved cycle helmets conforming to British Cycling standards are worn at all times when cycling;

5.2 he/she is capable of carrying out basic bike maintenance, such as puncture repairs, whilst on the route;

5.3 he/she does not start earlier than the official start time on the day of the Event. Failure to comply with this rule will result in disqualification;

5.4 his/her bicycle is roadworthy for the Event and equipped with the relevant insurances and documentation;

5.5 he/she does not use a mobile phone whilst cycling;

5.6 he/she adheres to advice provided by the Organiser and complies with instructions and directions given by the officials and race marshals of the Event;

5.7 he/she does not use a music player with headphones whilst cycling;

5.8 he/she does not take food or drink from anyone other than another Participant whilst on the move;

5.9 he/she displays the official event numbers provided at registration in the manner indicated in the event information booklet;

5.10 he/she does not deviate from the official signed route of the Event;

5.11 he/she abides by all Event rules and regulations and all applicable rules and regulations of the relevant sporting governing bodies that oversee the running of the Event including the relevant British Cycling regulations and Doping rules. The participant understands that he/she will not be entitled to a refund of the fees if he/she is disqualified from the Event as a result of an infringement of these conditions or any such rules and regulations. The Organiser is also entitled to impose Event rules upon the participant from time to time which will form part of these conditions;

5.12 he/she complies with the Highway Code at all times; and

5.13 he/she obeys traffic officers and authorised marshals at all times; failure to do so will result in disqualification;

5.14 he/she understands that the following bike(s) are forbidden at Velothon Wales – bikes with disc wheels, handlebar extensions, recumbent bicycles, electronic bikes of any kind, fixed gear bikes / singlespeeds / fixies (allowed with two independent brakes and a freehub), any attachment parts that endanger other riders (e.g. kick stands that stick out), bike trailers, bottle cages under or behind the saddle, drinking bottles that are made of non-breakable or hard materials like aluminium or hard plastic.

6. WITHDRAWAL BY PARTICIPANT

6.1 A participant may withdraw free-of-charge up to two weeks after payment of the event fee. Notice of withdrawal from the event must be communicated by emailing velothonwales@ironman.com stating clearly the desire to withdraw and putting the word WITHDRAWAL in the subject line of the email. Withdrawals will not be accepted by telephone. After the expiry of the two-week post payment period, the entry fee will not be refunded. The 8% processing fee which is added onto the entry fee (and any extra items you purchase at point of entry) is non-refundable.

6.2 Participants will be able to transfer their entry to another participant up until June 1st 2018. Any transfer to another participant will be subject to a transfer fee of £7.50. Transfers are conducted through the online entry system by the withdrawing participant and the new participant. The new participant will pay the relevant fees through the entry system and once complete, the withdrawing participant will automatically receive their refund from the entry system minus the transfer fee. No transfers will be possible for participants withdrawing after June 1st 2018.

6.3 Entries cannot be deferred to the following year nor to any other event.

6.4 The Active processing fee which is added onto the entry fee and any extra items you purchase at point of entry is non-refundable.

6.5 The participant acknowledges that the refund scheme set out above is fair and reasonable, and the monies the Organiser may retain in respect of any withdrawal represent a reasonable pre-estimate of the Organiser’s loss in each case.

7. CANCELLATION OF EVENT / NO-SHOW / ALTERATION

7.1 If the Event is cancelled because of circumstances beyond the reasonable control of the Organiser including, without limitation, fire, storm, and/or flood, earthquake, explosion, acts of a public enemy, war, insurrection, terrorist act or threat of terrorist act, sabotage, epidemic, embargoes, strikes, the death of a leading member of the British Royal Family (“Force Majeure”) then the participant will not be entitled to any refund of the entry fee and compensation of other losses, such as travelling or accommodation expenses.

7.2 Any participant who fails to arrive at the start of the Event will not be entitled to any refund (save in circumstances set out in clause 6).

7.3 The Organiser reserves the right to alter the start time of the Event. In the event of a change of start time the participants will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time for the Event provided the Event takes place on the specified date of the Event.

7.4 The Organiser reserves the right to change the date of the Event. In the event of such change of date of the Event, and if the Participant is unable to attend on the revised date, he/she has 14 days to inform the Organiser in writing from when the change in date is announced to receive a refund of his/her Entry Fee.

7.5 The Organiser reserves the right to amend the Event format, including changing the course and the distance, at their sole discretion. If the Event format, course or distance, is changed the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format, course or distance.

8. LIABILITY

8.1 Participation in the Event is at the Participant’s own risk. The Participant irrevocably agrees to hold harmless, indemnify and reimburse the Organiser from and for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by the Organiser to any person (including the Participant and/or any of the Participant’s insurers) in connection with any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at and participation in the Event or any part thereof (except where any such injury or death is caused by the negligence of the Organiser or any of its employees) and the Organiser’s liability to the participant is excluded to the fullest extent permissible by law.

8.2 Other than as stated below, the Organiser shall not be liable for any loss, damage or expense arising from an event of Force Majeure.

8.3 The Organiser, its staff, agents or contractors shall not be liable for indirect or consequential loss or damage.

8.4 The Organiser will not be liable for any computer result anomalies or any technical malfunctions.

8.5 Whilst the Organiser takes every care with staging the event, the participant acknowledges that personal accident and personal items insurance is his/her sole responsibility. The Organiser shall not be liable to the participant for any loss or damage of or to personal equipment belonging to the participant, or any indirect or consequential loss or damage whatsoever arising out of the participant taking part in the Event; or for any loss of business; revenue or profit; loss of reputation; anticipated savings or wasted expenditure; pledges made on your behalf or by you to charity.

8.6 The Organiser will not be liable for any actions of any spectators or other third parties.

8.7 The participant accepts that any mechanical support received on his/her bike from the Organiser, partners, participants or other third parties is at his/her own discretion and the participant will not hold anyone else responsible for any subsequent bike malfunctions or resulting injury.

8.8 The participant accepts that should his/her bike be transferred in any vehicle during the event, such as the broom wagon, he/she accepts it is placed and transferred in the vehicle at his/her own risk and the Organiser is not liable for any damage caused during this process.

8.9 Some of the food products given out on Event day may contain or have traces of nuts and nut oils or may have been made alongside other products containing nuts. The Organiser cannot be held responsible for any issues resulting from food allergies.

9. COLLECTION AND USE OF DATA

9.1 The Participant agrees and consents to The Organiser using his/her personal details provided in his/her Online Registration Form and for the following purposes:

Event administration

(a) The Organiser requires a record of each participant’s registration details including third party emergency contact details for internal administration purposes in order to properly conduct and to safely administer the Event.

(b) The Organiser will also keep records of medical information provided that it is kept confidential and may be shared only with medical personnel or teams allocated to the Event. Such information shall be deleted within a reasonable time following the completion of the Event unless the participant agrees that the Organiser may use such information in relation to future events organised by the Organiser which are staged within a reasonable timeframe thereafter.

E-mail/SMS communications

(a) The Organiser will use the Participant’s contact data submitted on the Online Registration Form to send the Participant information by e-mail and/or SMS relating to the Event, other events and any further categories of news and promotional information as the Participant may have requested on the Online Registration Form.

(b) The Participant acknowledges and agrees that The Organiser may send an e-mail or SMS notification following the Event inviting the Participant to submit or renew his/her registration for any future Organiser events.

(c) The participant accepts that Marathon Photos, Velothon Wales’ photography partner, will be able to email them post event regarding the purchase of participant photos from the event.

(d) The participants accepts that if he/she ticks a charity box at point of entry, their details will be passed onto said charity who will be able to contact him/her in the future

British Cycling

9.2 Unless the participant actively opted out of being contacted by British Cycling at point of entry, the Participant acknowledges and agrees that British Cycling may make non-commercial use of the Participant’s registration details in relation to British Cycling participation and membership initiatives.

9.3 The Participant agrees to inform the Organiser of any changes to the information supplied in their original Online Registration Form for the purposes of clause 9.1 above and particularly any changes to his/her medical condition and contact details. For this purpose, the Participant should change their contact details themselves through the online entry system as soon as know, and for any change in medical conditions please contact velothonwales@ironman.com directly.

9.4 All information relating to Participants collected by or on behalf of The Organiser from which each Participant can be identified will be recorded electronically and will be used at all times in accordance with the Data Protection Act 1998. The Organiser will not disclose any such information to third parties, save as expressly stated under this agreement. Each Participant is entitled to withdraw his/her consent to categories of e-mail and/or SMS communications from The Organiser and can do so at any time by either: i) following the opt-out instructions provided in the relevant e-mail or SMS, or ii) by writing to Run4Wales Ltd, Pod 1, Capital Retail Park, Leckwith Road, Cardiff, CF11 8EG, United Kingdom  (“the Organiser”). Please note that due to email production schedules a participant may still receive any mailings that are already in production. Participants acknowledge that a valid e-mail address or SMS contact number will be required at all times in order for Participants to receive important Event information and the Participant hereby consents to receive any such information.

9.5 To delete all of their information from The Organiser’s database, Participants may write to Run4Wales Ltd, Pod1, Capital Retail Park, Leckwith Road, Cardiff, CF11 8EG, United Kingdom  (“the Organiser”). In circumstances where the Participant requests deletion of his/her Participant’s profile, the Organiser reserves the right to maintain information about individual sales transactions (not including credit card details) for record keeping. The Participant’s attention is also drawn to clause 9.6 below.

9.6 Subject to the Participant’s right to modify or request the deletion of data from the Organiser’s database, the Participant hereby acknowledges that it is a strict condition of participation in the Event that all mandatory fields within a Participant’s profile are complete and correct at all times. These fields include, without limitation, gender, first name, surname, date of birth, medical condition information and emergency contact details. The Participant hereby acknowledges and agrees that this information is required by the Organiser in order to properly and safely administer and conduct the Event, and the Organiser reserves the right to refuse an applicant or a Participant entry to the Event in circumstances where that person either requests the deletion of such mandatory information from their Participant’s profile, or provides false or incomplete information.

10. MISCELLANEOUS

10.1 The Organiser reserves the exclusive right and license throughout the world (and Participant hereby grants the Organiser such exclusive right and licence) to interview and/or photograph and/or film the Participant at the Event (and before and after the Event as the Organiser may reasonably require) and to the unlimited, worldwide, sub-licensable right to record, film, reproduce and use in all current and future media (including without limitation, print, audio, visual, audio-visual, virtual media, the Internet, mobile telephony and so-called “3-G” technologies, CD-ROM or DVDs) the Participant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Participant, and any biographical or other information or data related to the Participant (including ride times and results), in connection with the production, advertisement, marketing, promotion or sale of Event sponsor products and/or the promotion, marketing or advertisement of the organiser or any Event sponsor.

10.2 Participation in the Event does not confer any rights (by implication or otherwise) on the participant to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property of the Event.

10.3 No participant shall engage in any form of “ambush marketing” (ambush marketing is an activity by a party which utilizes the publicity value of an event without having any official involvement or connection with the event) and shall not breach or infringe the rights of any sponsor or other party commercially associated with the Event, nor conduct unauthorized promotions or other commercial activity.

10.4 If any provision of these terms is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the provision shall be amended in such a reasonable manner or it may be severed from the terms and in either event the remaining provisions shall remain in full force and effect.

11. LAW AND JURISDICTION

These conditions are subject to English Law and Jurisdiction.