ROUND THE BAYS PARTICIPANT TERMS & CONDITIONS
Each participant (Participant) who enters and/or competes in the Round the Bays Event (Event) agrees to be bound by these terms and conditions and acknowledges that these terms and conditions may be subject to change from time to time at the discretion of Stuff Limited (Stuff) without notice to the Participant.
Agreement Waiver and Indemnity
1a. I declare, as a condition of entry into the Event, that I have undertaken sufficient training for the Event and that I am not aware of any illness, injury, physical disability or impairment which may cause me injury or death during or as a consequence of my participation in the Event.
1b. I will also include handwritten details of my medical conditions (if applicable) on the back of my race bib on race day, along with my emergency contact details.
2. The decision to participate in the Event is entirely my own and I accept all risks associated with my participation in the Event, including but not limited to, loss of life or permanent injury. I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of entry in the Event described below and rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by the Event organisers and other persons, corporations and bodies involved, engaged in promoting or staging the Event.
The following describe some but not all of the inherent risks of taking part in the event:
Risks present in an outdoor environment: Participants may be subject to severe storms or bad weather such as lightning, strong winds, rain, hail, flooding, storm surge; extremely hot or cold weather; and other natural or manmade hazards. Hazards may not be marked or visible and weather is always unpredictable.
Running risks: These risks include the risk of losing control and falling to the ground, colliding with objects (including parked or moving vehicles and/or bicycles) or people (including co-participants, volunteers, or spectators) on land, tripping or falling down, or encountering other road/trail hazards.
Personal health and participation risk: The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Stuff staff, representative, volunteer, or contractor; and/or any other person(s) before, during, and/or after the Event and other activities.
Risks associated with the site: Ruts, holes, rocks, uneven ground or other conditions may exist in and around the activities.
Supervision and activities risk: I understand that neither Stuff nor any of their staff, representatives, volunteers, contractors or anyone associated with them will be supervising participants during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times).
Risk regarding criminal/terrorist activity: The potential risk that third party/s may commit criminal acts or acts of terrorism.
Equipment risk: The risk that equipment used in activities may be misused, or may break, fail or malfunction.
3. I release all persons or corporations associated directly or indirectly with the Event from all claims, demands and proceedings arising out of my participation and I hereby indemnify such persons or corporations against all liability, loss or damage arising out of my participation in the Event, including any breach of these terms and conditions by me. This liability, loss or damage includes, but is not limited to, the cost to defend or settle any claim, suit, action or proceeding brought against Stuff. This release extends to and includes Stuff and its related companies, and its respective directors, officers, agents, contractors, employees, promoters, sponsors and volunteers, including medical and paramedical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it takes place, any statutory body or local authority having control over any land upon which the Event or any part of it takes place or which is involved directly or indirectly with the Event in any manner whatsoever. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
4. All conditions and warranties which may be implied by law into these terms and conditions are excluded except to the extent that it would be unlawful to do so.
Event Rules and Regulations
5. I understand that Stuff reserves the right to change or modify any part of the Event including the date, course and location, as well as the Round the Bays website, at any time and from time to time. Details of any such changes will be published via the Event website, Event e-newsletter and/or other means. Stuff will not be responsible for any costs incurred as a result of the Event being modified in accordance with clause 5.
6. I acknowledge that Stuff or its representatives may remove me from the Event area and/or exclude me from participation in the Event (a) if my behaviour is inappropriate, offensive, or abusive, (b) to prevent damage to any property, (c) on medical or health and safety grounds (including to prevent possible harm or injury to myself or any other person), or (d) to prevent or arrest any form of unauthorised marketing, including ambush marketing.
7. I agree that my entry may not, without the prior written consent of Stuff, be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an entry is sold or used in breach of this condition, the entry may be cancelled without a refund and the bearer of the entry may be refused admission.
8. I agree to abide by all Event rules, terms and conditions. I understand that I must follow the approved course, observe normal traffic rules and obey all directions and instructions given by event officials and the police. The Event organisers reserve the right in their discretion to reject or cancel my entry, or disqualify me at any time, including, without limitation, for safety or insurance reasons, or if in the opinion of the organisers, I am unable to complete the Event within the various cut-off times. If this happens, I agree that I am responsible for my own actions and support arrangements after this time. Stuff will not be obliged to refund any portion of the entry fee in such circumstances.
9. I acknowledge I will only be eligible for any prize that may be offered in connection with placing at the Event if I complete the approved course by the indicated cut-off times and in accordance with these terms and conditions and the Event rules and regulations.
10. I acknowledge and agree that if I am taking part virtually that Stuff will not provide physical support including personal trainer, aid stations, medical support, volunteers, marshalls, or medical assistance.
11. For virtual entrants the provision and subsequent use of the Event app by me (or my child, as applicable) is subject to the reliability and availability of third party service providers including software providers and network service providers. I agree that Operator will not be liable for any direct or indirect loss suffered by me (or my child, as applicable) as a result of a reduced level of service caused by any third party. Further, I agree that Operator will not be liable for any direct or indirect loss suffered by me (or my child, as applicable) as a result of my (or my child’s) own user error (including, but not limited to, failure to download or use the Event app correctly, or my not having access to a compatible mobile device) equipment failure, errors or omissions in the timing data.
12. Please be aware (no road closures will be in place) for Virtual participants during the Virtual Fun Run period of 9.15am 3 March - 9pm 10 March. Please adhere to all road regulations in your city, region and country.
13. I acknowledge that on the Event course I must wear the official chest bib corresponding to the registration made in my name on my chest such that the allotted number and sponsor’s name can be seen for the duration of the Event. This does not apply for those taking part virtually where no race bib will be issued.
14. I understand that starting before my assigned start time will result in disqualification.
15. I understand that no roller skates, roller blades, hand cycles, geared vehicles, skateboards, bicycles, scooters, drones or other equipment, structure or accessories that may cause injury will be permitted on the course.
16. I understand that any equipment that may cause injury to myself or any other Participants is not permitted. Prior approval must be obtained from Stuff if any structure (other than prams or wheelchairs) is intended to be pushed, towed or carried by any Participant during the Event. Approval can be obtained by contacting Stuff at roundthebays@stuff.co.nz.
17. I understand the consumption of alcohol on the course or whilst taking part virtually is strictly prohibited.
18. I understand that timing services are provided by contracted timing service providers, and Stuff takes no responsibility for errors or omissions in the timing data.
19. I understand that the Event referee’s decision is final and no correspondence will be entered in.
Consent to Medical Assistance
20. I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered direction of Event Medical Officials in the event of any injury, accident or illness to me during my participation in the Event.
21. I consent to the release of my personal information to medical assistance personnel and Event organisers in the event of a medical emergency during my participation in the Event.
Event Entry, Refunds and Promotional Codes
22. I agree that registration in the Event is personal and specific to me and that no other person is permitted to participate in my place.
23. I understand that should my contact details change after my registration is completed it is my responsibility to notify the Event organisers by contacting Stuff at roundthebays@stuff.co.nz.
24. If a person-to-person transfer option is made available, which will only occur at Stuff’s discretion, I consent to paying any applicable administration fee of $10 incl GST at the time of transfers.
25. Except as set out in clause 27 below, I understand that, as a general rule, no refunds will be issued for any Event entries,including where the Event is cancelled for any reason. However, refunds may, at Stuff’s discretion, be made prior to 5:00pm (NZT) Friday 16 February 2023, where participation in the Event is not appropriate due to a medical reason that is supported by a current medical certificate outlining the condition. This refund will be for the Event entry fee only and will not be made for any additional items purchased, such as event merchandise or charitable donations. Participants will not be refunded any transaction fees.
26. I understand that promotional codes may only be used where a Participant meets the requirements/conditions applying to the code, including using the relevant code within the period of validity. Promotional codes cannot be redeemed or exchanged for cash and must only be used by the Participant(s) to whom the relevant code was issued to by Stuff, the event organiser.
27. I understand that Stuff reserves the right to modify, suspend and/or cancel any promotional code(s) at any time without notice to Participants and that no refunds will be made to Participants who have access to a promotional code, but did not use the code at the time of purchase.
Consent to Media Coverage of Event
28. I consent to the collection, publication and/or use in any form of media whatsoever of my name, Event result, image, video, voice, statement or otherwise, (including the publication of my name and/or Event result and applicable age bracket in any Stuff or Official Event Partner publication both online and in print and/or on the Event website) without payment or compensation.
Entry Form and Personal Information
29. I declare that all the information supplied by me in this entry form in order to register for the Event is true and correct.
30. I will write an emergency contact name and phone number in the space provided on my supplied Event bib and agree that Stuff may contact that person and exchange my personal information with them in case of an emergency.
31. I consent to Stuff entering my personal details contained on this entry form into the Event database which will be used for the administration of the Event. Stuff collects personal information to manage participation in the Event. Unless indicated otherwise, I agree that Stuff may disclose my personal information to Stuff related companies, and may use the information for marketing future events, and other marketing and promotional purposes, including offering products and services of potential interest to me. Stuff may also share this information with (a) the peer to peer fundraising platform Grassrootz, and any charities selected by me in the Event registration process for the purposes of peer to peer fundraising and this information will be held in accordance with the relevant charity’s privacy policy. (b) the Virtual tracking app supplier RTRT.me for and this information will be held in accordance with RTRT.me privacy policy.
32. I have read and consent to the terms of Stuff’s Privacy Policy. You can obtain the Stuff Privacy Policy here: http://www.stuff.co.nz/about-stuff/10648385/Privacy-Policy.
33. I understand that I can gain access to my personal information and request that such details be updated if they change in the future by writing to the Privacy Officer c|- Legal, Stuff Limited, PO Box 2595 Wellington.
34. I agree that my use of the Event registration platformand Stuff.co.nz is subject at all times to Stuff’s standard terms and conditions of use which can be viewed here http://www.stuff.co.nz/about-stuff/10647764/Website-terms-and-conditions.
35. I acknowledge that if I select to become a member of a team, the team manager will have access to download my personal details, including my name, date of birth, contact telephone number, email address and home address. As a team manager, I understand that my email address will be disclosed to my team members (but not to members of other teams).
36. Team managers who submit entry forms on behalf of their team members undertake to make each team member who is entered to participate in the Event aware of these terms and conditions. Stuff reserves the right to cancel any entry made by a team manager at any time for any reason including, but not limited to, that team manager not having the requisite authority to enter that team member.
Age Declaration
37. I certify that I am 18 years or older, or that I am the parent/legal guardian of the participant who is under the age of 18 years, and I have read this document and fully understand it. As a parent or legal guardian, I agree to these terms and conditions for and on behalf of the participant. I also agree that, if signing this on behalf of a participant under the age of 13 years, that participant will be accompanied by an adult at all times during the Event.
Cancellation and Rescheduling of Event
38. I understand that Stuff reserves the unfettered right to cancel the Event at any time. Reasons for cancellation may include, but are not limited to, Stuff deciding in its sole discretion cancellation is required due to any sort of dangerous conditions and/or force majeure event (which may include, without limitation, war, civil disturbance, acts of God, epidemic or pandemic). In the event of cancellation but except as set out in clause 25, there will be no refund of the entry fee and the cancelled Event may not necessarily be rescheduled. A decision will be made as soon as possible on or before Event day and communicated to participants.
39. Stuff will not be responsible for any costs incurred as a result of the Event being cancelled or rescheduled in accordance with clause 38.