Terms and Conditions of Entry into the Tennents Caledonian Challenge 2010
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. These terms & conditions govern the relationship between you, the Participant, and the organiser of the Tennents Caledonian Challenge 2010. To be able to enter this Challenge, you must agree to be bound by these terms and conditions in their entirety.
1.0 The Challenge
1.1 The Tennents Caledonian Challenge 2010, hereinafter referred to as ‘the Challenge', or ‘this Challenge', is to complete 54 miles on foot, within 24 hours as a team of at least four adults and two members of a Support Crew, and to raise a minimum amounts of funds to be distributed and managed by the registered charity, the Scottish Community Foundation.
1.2 The Challenge includes participation in an event, hereinafter referred to as ‘the Event' or ‘this Event' which is a sponsored walk centred on the West Highlands Way which will take place over the weekend of 12-13 June 2010.
1.3 The Challenge also includes the experience of training and fundraising for a number of weeks and months leading up to the Event and afterwards, including the support and guidance offered by the Organiser.
1.4 The Challenge website is www.caledonianchallenge.com
2.0 The Organiser
2.1 The Organiser of the Event and the promoter of the Challenge is SCF (Events) Ltd of Edinburgh, Scotland, a company registered in Scotland (No. SC308253), having its registered offices at 22 Calton Road, Edinburgh, EH8 8DP.
2.2 SCF (Events) Ltd, hereinafter referred to as ‘the Organiser', ‘we', us' or ‘our' is a wholly owned subsidiary of the Scottish Community Foundation, a charitable company limited by guarantee and registered in Scotland (No. SC152949) and a registered Scottish Charity (No. SC022910), here on in referred to as 'the Foundation'.
2.3 The Organiser promotes and organises the Challenge under agreement with the Foundation which owns the ‘Tennents Caledonian Challenge 2010' as a trade-mark.
2.4 In organising the Event, the organiser is not acting as agent for the Foundation and the Foundation is not a party to these terms and conditions. The Foundation assumes no responsibility for the Event and is not a guarantor for the liabilities of the Organiser.
3.0 The Contract
3.1 You, a Participant, enter into the Challenge of your own free will and fully understanding the arduous nature of it.
3.2 By entering the Challenge, you agree to abide by these Terms and Conditions of Entry and any reasonable instructions given to you by the organiser, officials and marshals, before, during or after the Event.
3.3 You agree to be bound to this contract until 31 January 2011 or until your team has fulfilled its fundraising commitment and informed us that it has completed its fundraising, if earlier.
4.0 Challenge Deadlines
4.1 The Entry Deadline is the time by which your team must have completed its entry onto the Challenge. The Entry Deadline for this Challenge is Wednesday 31 March 2010
4.2 The Administration Deadline is the time by which your team is expected to have completed its pre-event administration. The Administration Deadline for this Challenge is Friday 15 May 2010.
4.3 The Fundraising Deadline is the time by which your team is required to have fulfilled its fundraising commitment. The Fundraising Deadline for this Challenge is Friday 30 July 2010.
5.0 The Price of Participation
5.1 Your place on the Challenge is exchanged for:
- 5.1.1 payment of your Entry Fee (see. 6.0)
- 5.1.2 fulfilment of your fundraising commitment (see 7.2)
5.2 The price of participating in the challenge therefore comprises two elements. The first, your entry fee, is simply an initial deposit in advance of making the second contribution, your fundraising.
5.3 The fundraising element is no less obligatory than the first. If anything, the fact that you may fulfil this part of the price of participation after you have taken part in the event makes it more obligatory, not less so. Furthermore, the fact that you may fulfil this obligation by asking others to make a contribution, through a donation by way of sponsorship or other activity, makes it no less obligatory, either.
5.2 The Organiser reserves the right to refuse entry to the Challenge, particularly if you have failed to fulfil your fundraising commitment previously.
6.0 Entry Fee:
6.1 An entry fee of £150 per participant is payable to the Organiser prior to the Event as a contribution to the costs of organising the Challenge. The details of what your entry fee includes is listed on our website (see 1.4).
6.2 Discounted entry may be available, subject to terms and conditions detailed on the Challenge website (see 1.4).
6.3 Your participation in the Challenge will only be confirmed once entry fee payment has been received in full by all members of your team.
6.4 Your team must complete its entry onto the Challenge by the Entry Deadline (see 4.1).
7.0 Fundraising:
7.1 By entering, you acknowledge that the Challenge is a fundraising event in aid of the Foundation exclusively. You agree that that no funds raised through your association with this event, including matched funding from your organisation or company, will be donated to any charity, organisation, group or individual other than the Foundation.
7.2 As a condition of entry into the Challenge, you commit to raise with your team-mates a minimum amount of funds, referred to as your Minimum Fundraising Commitment.
7.3 Your Minimum Fundraising Commitment is determined by your Entry Package and your team size. Please refer to the Challenge website (see 1.4) for details. For a Standard team of four participants, your Minimum Fundraising Commitment will be to raise at least £2000. This amount will increase by at least £500 for each additional team member.
7.3 Furthermore, by committing to any given fundraising reward package, other than Standard, you agree to increase your Fundraising Commitment from the minimum (as defined in 7.3) to that associated with the chosen reward package.
7.4 Your team commits to fulfil its Fundraising Commitment by the Fundraising Deadline (see 4.3).
7.5 In order to increase your chances of fulfilling your fundraising commitment, your team will set a target of at least £500 greater than your fundraising commitment. Your fundraising target is an aspirational figure only. This notional figure will be displayed on your team's fundraising page to provide an inspire your supporters.
7.6 Your team's Fundraising Deadline may be extended in special circumstances, at our sole discretion.
7.7 You understand that the fulfilment of your team's Fundraising Commitment is a collective team responsibility regardless of whether you participate in the event or not.
7.8 You agree that the Organiser may, at any time, contact any member of your team for information regarding the amount your team has raised.
7.9 You understand that the amount of funds actually raised by your team, your Fundraising Total, will be the amount the Foundation actually receives from and can attribute to your team. You are therefore recommended to use our online fundraising facility and/or follow our procedures for transferring our funds offline ie via the post.
7.10 Your Fundraising Total does not include the entry fees (which are paid to the organiser as your contribution to the organisational costs of the event) or the Gift Aid claimed by the Foundation on the funds you have raised.
7.11 Once you have fulfilled your notional share of your team's fundraising commitment, we will issue you with a fundraising certificate in order to claim matched funding from your employer. Any resulting funds matched will not be added to your team's fundraising total until the whole team has fulfilled its Minimum Fundraising Commitment.
7.12 You understand that failing to meet your fundraising commitment may result in being asked to make up the shortfall from personal funds and/or refusal of entry into other events organised by us.
7.13 You will encourage all your UK tax paying sponsors to sign up to Gift Aid, and ideally to donate online, so that we can minimise our administration costs and claim a further 25% on every donation made.
7.14 The funds raised in sponsorship by you are donations from your sponsors to the Foundation. These may be held in trust by you for a short period of time and must be passed to the Foundation within 28 days.
7.15 By choosing to raise funds for the Foundation, you are placing yourself in a position of substantial trust and you understand and agree that you have a moral obligation and legal responsibility to acquit the funds you raise and temporarily hold in trust for the charity accurately, honestly, responsibly and in a timely manner.
7.16 You may not divert donations to the Foundation to cover the costs of your own or other's participation in this Challenge, or for for any Event or for any other purpose whatsoever.
7.17 You may seek support from others to cover the costs of your participation in the Event (entry fees, travel, accommodation, clothing, equipment etc) but when doing so, any statements you make must make it unquestionably clear that such support is helping your participation in the event only and NOT directly benefitting the Scottish Community Foundation. Furthermore, you must make clear that you do not represent the charity.
7.18 Promotional materials for your fundraising events and activities must include the following statements:
- "All proceeds/profits will go to the Scottish Community Foundation."
- "The Scottish Community Foundation is a registered Scottish charity (No. SC022910)."
- "The Scottish Community Foundation is a leading distributor of charitable funds in Scotland which specialises in granting funds to locally-based voluntary groups and charitable organisations."
7.19 You may not allow commercial organisations to gain commercial benefit from using the Foundation's or the Event's name without written permission from the Organiser.
7.19 You are responsible for the safe and legal operation of any events or activities you organise as part of your fundraising campaign. This should be made clear in the event title in any promotional materials you create by calling your event: [Event Name] ‘in aid of the Scottish Community Foundation'.
7.21 You agree not to alter the Event name in any way on any material you produce.
7.22 You agree use the Event logo according to the branding guidelines.
7.23 You may deduct legitimate expenses associated with a fundraising event/activity from the funds generated, provided you can produce receipts/records.
7.24 You are not entitled to award yourself any ‘fee' for organising such an event. To do so would be regarded as setting yourself up as a ‘Professional Fundraiser' which carries specific and demanding legal requirements and for which you would need a specific letter of authorisation from the Foundation.
8.0 Fitness:
8.1 The Event involves strenuous exercise over rugged and remote terrain for a sustained period - including at night - with varying temperatures.
8.2 It is your responsibility to ensure that you are fit enough to participate in the Event and you are strongly advised to consult your doctor before undertaking any exercise and consult a professional fitness coach regarding a suitable training programme.
8.3 The organiser may, at any time, request any medical information or consent from you, including a declaration of fitness, and you will be obliged to provide such information or consent.
9.0 Team Registration:
9.1 You are required to register your participation in the Event by re-signing a copy of these Terms & Conditions at Registration on the evening prior to the Event.
9.2 Registration will take place in or close to Fort William on Friday 11 June between 4:00pm and 10:00pm only. Registration WILL NOT take place on the Saturday morning, except by prior arrangement with the Organisers who reserve the right to charge a late Registration fee for this service.
9.3 You will be required to register as a complete team, including support crew, together at team registration.
9.4 Registration includes a requirement to attend at a Vital Safety Briefing. These will run at hourly intervals on the evening prior to the Event for a period of approximately 15 minutes. These aim to inform you of any last minute updates, including the latest weather forecast.
10.0 Essential Preparation Briefings:
10.1 By entering the Event, you agree to have at least one member of your team attend an Essential Preparation Briefing by 30 April 2010.
10.2 We will publish a series of dates, times and venues in the months leading up to the Event on our Website. Each presentation will typically last one hour and include important information on training, equipment, health and safety, what to do at the event and fundraising.
10.3 It is strongly recommended that anyone taking part in the Event for the first time should attend. If you have taken part previously, you should ensure that at least one member of your teams and updates on any latest developments.
11.0 Support Crews:
11.1 You and your team-mates must organise a support crew to provide logistical assistance before, during and after the Event, including but not limited to: transport to and from the Event, transfer of clothing and equipment to allocated checkpoints, monitoring your progress, providing food and refreshments, moral support.
11.2 Your support team must include a minimum of two drivers and no more than one support vehicle at a time at each Checkpoint, unless:
- 11.2.1 your team is one of three or more being organised together, in which case you may share two or more support crews, effectively reducing the need for one vehicle between you.
11.3 Additional support crew members, beyond the minimum of two per team, will be charged £25 as a contribution towards the use of facilities at the event.
11.4 You, your team mates and support team are collectively responsible for meeting all associated costs of the Support Crew, including but not limited to food, transport, accommodation, vehicle hire, fuel, insurance, road atlas, etc.
11.5 Support crews will register with their walkers as a complete team (see 9.3).
11.6 Each support crew member will sign a copy of these Terms & Conditions and these Terms & Conditions will apply mutatis mutandis to each support team member.
12.0 Event Identification:
12.1 When you register, you will be issued with a unique participant number and tracking device which you must wear on you until you finish the Event or retire from it.
12.2 The participant number must be completed on the reverse with the required information in indelible ink and then attached to your person for the duration of the Event.
12.3 The tracking device will be attached to your person at team registration. If you lose this prior to finishing or retiring from the event we reserve the right to charge you the replacement cost of £25 for the device.
13.0 The Nature of the Event:
13.1 The Event is an endurance event in arduous terrain undertaken to raise funds for the Foundation. By choosing to start the Event or continue to the next checkpoint, you do so through your own choice and entirely at your own risk.
13.2 The Organiser is committed to a policy of continuing improvement. Whilst the essence of the challenge will remain unchanged, the details of the Event may vary from year to year. You should not presume that features seen on past events will be present in 2010.
13.3 The event is staffed by a number of volunteer marshals who will provide assistance to entrants and support teams.
13.4 If any marshal believes that your safety will be compromised by your continued participation, you will be required to retire from the event. As a symbol of your retirement, you will be required to handover your Participant number and tracking device. If you ignore the marshals' advice and continue along the course, you will no longer be treated as an official entrant of the Event and our duty of care towards you will cease.
13.5 You will treat the volunteer marshals with the courtesy and respect that they deserve at all times. The Organiser reserves the right to disqualify teams whose members, including support crew, subject event personnel to verbal and physical abuse.
13.6 You should note that the weather changes in Scotland can be rapid and severe and you should ensure that you are suitably equipped for an endurance event in these adverse conditions.
14.0 Trail Start, Open, Close and Finish Times
14.1 The earliest and latest departure time from each checkpoint will be published on the event website at least one month prior to the event.
14.2 Please note that whilst every participant will be given the maximum stated time of 24 hours to complete the course, some sections of the course and some checkpoints will close in advance of this deadline. Similarly different sections will open at different times.
14.3 Your start time will be announced by the Administration Deadline. It will be allocated according to a number of factors including:
- your estimated completion time,
- your team's fundraising commitment,
- the amount of funds raised at the time
- the amount of funds pledged at that time
- your stated preference.
14.4 You are required to give a realistic estimate of your team's expected completion time upon entry to the Event and to keep this updated as your training progresses. Unrealistic estimates of your completion time may result in your team being assigned an inappropriate start time. As a result you may arrive at a checkpoint too early or too late, leading to delays or forced retirement.
14.5 When making your travel arrangements to and from the event you should plan to arrive in Fort William in time to register on Friday evening prior to the Event and depart from the Finish no earlier than 1pm on Sunday 13 June 2010.
15.0 Team Changes:
15.1 You may substitute an existing team member or add new team members up to a maximum of 5 people per team provided this is done prior to Registration.
15.2 For any changes made after the Administration Deadline, the organisers reserve the right to charge an administration fee of £25 per change.
15.3 No changes are permitted after Registration.
16.0 Team Challenge:
16.1 The Event is a team event. Your team must comprise 4-6 people over the age of 18 years. Your team must start together, stick together, and check-in together at every checkpoint.
16.2 Published results will be based on team times and taken as the check-in time of the last team member at every checkpoint, including the finish.
16.3 For reasons of Health & Safety, individuals within a team should remain within 1 minute's walk of each other at al times or risk disqualification.
16.4 Failure to adhere to our most basic of health and safety requirements to stick together as a team on the Event will lead to disqualification.
17.0 Retirement Procedures:
17.1 If at any point you feel you cannot continue to the next checkpoint, you should retire from the event. The best place to retire is at the preceding checkpoint. Before you leave each checkpoint, you should therefore consider whether you can realistically reach the next one.
17.2 To retire from the event, you, or your support crew, need simply hand-in your tracking device to the nearest checkpoint.
17.3 Teams with three or more remaining participants will be able to continue on the event unaffected.
17.4 Teams with two or one remaining members will be able to continue, subject to special procedures:
- 17.4.1 Your team will need to find another team to formally adopt it for the remainder of the course. They will buddy your team and monitor it's progress between checkpoints. This effectively means that the two teams will walk within sight of each other, close enough to call on for help in case of difficulty.
- 17.4.2 The Chief Marshall will need to formally approve this adoption before you leave the Checkpoint. He will issue you with a Team Pass, which will identify your buddy team. You will need to produce this pass when you check-in at each subsequent Checkpoint. In order to proceed, your buddy team will need to be present when you do this.
17.5 If you reach checkpoint 3 before you retire, you will receive a Bronze certificate and if you reach Checkpoint 4, a silver one.
17.6 Retirement from the event does not invalidate your sponsorship. You are being sponsored to embark upon the challenge, including training and fundraising, not to complete it.
18.0 Civic and Environmental Responsibility:
18.1 You should be aware that the route follows public rights of way and other people have an equal right to enjoy its amenities.
18.2 The footpath passes over private land and through beautiful landscapes and you should use your best endeavours to preserve the environment.
18.3 You should minimise the impact of your participation on local communities, especially at night by being quiet.
19.0 Road Crossings:
19.1 The route crosses several public roads carrying fast moving traffic. Although the Organisers may put in place some traffic calming measures, it remains your responsibility to ensure that it is safe for you to cross. All normal road rules apply.
20.0 Event Cancellation:
20.1 The Organiser reserves the right to amend, suspend, postpone, alter, divert, reroute, curtail or cancel the Event in response to unforeseen or unavoidable circumstances. Such changes will attempt to preserve the original nature of the challenge as much as possible and you will be notified as soon as possible.
20.2 Although the event has never been cancelled to date, it is sensitive to adverse weather conditions including but not limited to heavy rainfall before or during the event leading to flooding, high winds which threaten to topple trees and the risk of lightning.
20.3 In order to reduce the risk that you travel to the event location unnecessarily, the Organiser will post a stop/go decision on the ‘My Page' part of the password protected part of the website www.caledonianchllange.com approximately 40 hours prior to the start of the event. Nevertheless, the Organiser reserves the right to amend or cancel the event after this time.
20.4 If the Organiser cancels the event before the planned start time, we will offer you the option to:
- 20.4.1 have your entry fee refunded
- 20.4.2 have your entry fee donated to the Foundation
- 20.4.3 enter another event organised and promoted by the Organiser and which takes place within one year and one month of the cancelled event.
- 20.4.4 waive any right to a refund
20.5 The Organiser will contact you in writing within 14 days of cancellation about these options. You will have a further 28 days to make your choice and inform us in writing. The Organiser will act on your instructions within a further 28 days.
20.6 Any right to a refund is time-bound. If you have not contacted us in writing within the 28 day time-frame outlined in 19.5, you will forfeit any right to a refund.
20.7 Any refunds will be made directly to the originating account within 70 days of cancellation.
20.8 The Organiser's entire liability in respect of all costs and expenses you may incur or have incurred as a result of such changes to the event (including but not limited to accommodation expenses, the cost of purchasing walking equipment, support team and travel costs) shall be limited to the entry fee you have paid to participate in the Event.
20.9 For the reasons set out above, you are specifically recommended to purchase appropriate travel insurance to cover your travel arrangements.
21.0 Participant Cancellation:
21.1 If you wish cancel your place on the Event at any time, you should inform the Organiser in writing (email) as soon as possible. The Organiser will acknowledge your cancellation within 48 hours.
21.2 If you cancel within 14 days of paying your entry fee, your entry fee will be refunded, minus a £25 administration fee.
21.4 If you withdraw after this time, your entry fee will not be refunded.
21.5 If your entry Fee is not refunded, a substitute may take your place, as set out below:
- 21.5.2 If your substitution is made prior to the Administration Deadline, this may be done free of charge.
- 21.5.2 After the Administration Deadline, a substitute may take your place, subject to a late entry administration fee of £25.
- 21.5.3 No substitutions may be made once your team has registered.
21.6 If you cancel or withdraw prior to the Entry Deadline (see 4.1), the Organiser will reduce your team's Fundraising Commitment by £500 down to the stated minimum for your team's Entry Package and Fundraising Reward Scheme.
21.7 If you cancel or withdraw your place after the Entry Deadline (see 4.1), and before the Administration Deadline (see. 4.2) the team Fundraising Commitment will be reduced by £500 less £100 for every 7 days or part thereof following on from Entry Deadline until your cancellation.
21.8 If you cancel or withdraw after the Administration Deadline (see 4.2), the team Fundraising Commitment will not be reduced.
21.9 If you cancel or withdraw as a result of a training injury or other medical reason, and your team cannot find a substitute, by the time it registers for the event, your entry fee may be carried over to another of our events taking place within a year and one month of this Event. To qualify, you must send a valid medical certificate from your doctor declaring that you were not medically fit within one week of the Event taking place.
21.10 Any entry fee refunds, or part refunds, will be made to the originating account within 28 days of cancellation.
22.0 Exclusion of Liability:
22.1 Save in relation to death or personal injury caused by our negligence, we (which includes SCF (Events) Ltd, Scottish Community Foundation and/ or our event sponsors) have no liability to entrants or support teams for any injury, loss, damage, cost, expense or other claims for compensation whatsoever which arise out of, or in connection with, your participation in, or training for, the Event.
22.2 You and your support team are taking part in the event entirely at your own risk. You and each member of your support team confirm that you understand the risks involved in taking part in the Event and accept those risks.
22.3 By signing these terms and conditions, you agree to indemnify us (which includes SCF (Events) Ltd, the Foundation and/or our event sponsors) and bind and oblige your heirs, executors and personal representatives whomsoever to indemnify us and all our officers for all sums that become due by us or individuals in their capacity as our officers, as a result of any loss whether derived from an insurance claim, criminal or civil action, or arbitration, or any of the foregoing which is wholly or partly due to any act or omission on your part and that whether or not your act or omission is deemed to be negligent by any court in Scotland.
23.0 Complaints and Appeals:
23.1 If a complaint arises against the Organiser, this should be made in writing to the Organiser who will respond to acknowledge receipt in writing within 2 working days.
23.2 The Organiser will consider the matter and respond within 28 days.
23.3 For all operational matters, the decision of the Events Director will be final. If the nature of the complaint relates to the use of funds raised from the Event, you may appeal to the Chief Executive of the Foundation.
24.0 Data Protection & Marketing Release:
24.1 In the course of entering into the Event, we will collect personal data from you, your team members and your support members. We may process and use the personal data collected for administrative, research and publicity purposes.
24.2 By undertaking the Challenge, you give us permission to use your name (and that of your team, team members and organisation that you represent), voice or picture in any broadcast, telecast, advertising material, promotion or other account of the Event, or later versions of it.
24.3 We may also pass your details on to our PR agency who may contact you for promotional purposes.
24.4 We may also use the information for our marketing purposes to send you information about products and services (including those of our sponsors and partners) and future events which we think may be of interest to you, including via electronic communication methods such as telephone, text and email.
24.5 We may also pass on your details to the Foundation who may also choose to contact you for similar reasons and via similar media.
24.6 You are entitled to request access to, and correction of, all your personal data collected by us as well as to require us to delete your data if you no longer want us to process it after having taken part in the event and completed your fundraising. To make such a request, please email us at enquiries@caledonianchallenge.com .
24.7 It is your responsibility to ensure we have your correct phone number, email and postal address which will be used for the delivery of essential event information prior to the event.
25.0 Severability:
25.1 In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms & Conditions to survive and continue as binding.
26.0 Successors & Assigns:
26.1 These Terms & Conditions shall inure to the benefit of and be binding upon the Organisers and the Participant and their respective heirs, legal personal representatives, successors and assigns.
26.2 You may not assign any of your rights or obligations under these Terms & Conditions without the consent of the Organiser.
27.0 Errors & Omissions:
27.1 Although the Organiser has made a concerted attempt to verify the accuracy of statements made herein, you agree not to hold the Organser responsible for any error, omission or unintentional misrepresentation that may appear in its published literature.
28.0 Applicable Law:
28.1 The contract including all matters arising from it is subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts.