Pink Walk and Run Terms and Conditions
PLEASE READ THIS ENTIRE ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY FORM CAREFULLY BEFORE CONTINUING WITH YOUR ENTRY AND/OR SIGNING. THIS FORM HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
- Each participant (Participant) in the Pink Walk & Run Event (Event) acknowledges and agrees that these Terms and Conditions are subject to change at the discretion of the Breast Cancer Research Trust and without notice to the Participant.
- I declare, as a condition of entry into the Event, that I have undertaken sufficient training for the Event to allow me to complete 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 participation in the Event.
- Agreement Waiver and Indemnity - In consideration of acceptance of my entry in the Event, I, and on behalf of my heirs, executors and administrators agree with each of the Indemnified Parties (as defined in Point 4 below) and declare that: I hereby waive release and discharge all and every claim, right or cause of action whatsoever (including for negligence, breach of contract and/or breach of statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as a result of my participation in the Event.
- This Waiver release and discharge shall operate jointly and severally in favour of the following persons (Indemnified Parties): Breast Cancer Research Trust, their respective Trustees, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, event stakeholders, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, Event sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Event.
- I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases, waivers and indemnities in these Terms and Conditions continue forever and bind my heirs, executors, personal representatives and assigns.
- Only entries submitted via the official online process and/or on late entry through the registration tent will be accepted. The information on how to enter and the details about the Event form part of these Terms and Conditions of entry. The number of competitors will be strictly limited and will be decided by the Breast Cancer Research Trust on the basis of first received.
- I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of entry in the Event 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 decision to participate is entirely my own and I accept all risks associated with participation in the Event, including but not limited to loss of life and/or any injury including without limitation any permanent injury.
- I agree to abide by all Event 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, volunteers and the police.
- I agree and accept that the Breast Cancer Research Trust may, in its absolute discretion, at any time vary the rules and regulations of the Event without prior notice to me.
- I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Event medical officials in the event of any injury, accident or illness to me during my participation in the Event.
- I acknowledge that I must wear the official race number corresponding to the registration made in my name on my chest such that the allotted number and sponsor names can be seen for the duration of the Event.
- No roller skates, roller blades, hand cycles, geared vehicles, skateboards, bicycles, scooters, or other accessories that may cause injury will be permitted.
- The Breast Cancer Research Trust reserves the right, in its discretion, to reject or cancel my entry at any time, including without limitation for safety or insurance reasons, or if, in the opinion of the Breast Cancer Research Trust, I am unable to complete the Event within the cut-off times. The Breast Cancer Research Trust will not be obliged to refund any portion of the entry fee in such circumstances.
- The Breast Cancer Research Trust reserves the right to change or modify any part of the Event including the date, course and location at any time. Details of any such changes will be published via the Event website, Facebook page, Event e-newsletter and/or other means.
- I acknowledge that the Breast Cancer Research Trust or its representative may remove me from the Event area and/or exclude me from participation in the Event if in the Breast Cancer Research Trust’s sole opinion it is necessary to do so (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 and/or any other person) and/or (d) to prevent or arrest any form of unauthorised marketing, including ambush marketing.
- I agree that registration in the Event is personal to me and that no other person is permitted to participate in the Event in my place.
- I acknowledge that no refunds will be granted after the agreed deadline. Entries can only be withdrawn if notice is received in writing before this deadline. Written notice must include a medical reason of why you are unable to participate and emailed to admin@breastcancerreseatrch.org.nz. If a participant chooses to withdraw from the event before the deadline, $5.00 of the entry fee will be retained to cover administration costs. If the event is cancelled due to a natural disaster, entry fees will not be refunded. If the decision is made to cancel the Pink Walk & Run due to COVID-19, we will provide instructions on how to participate in a Pink Walk & Run virtual event. No refunds or transfers will be granted.
- I acknowledge that I will not be entitled to any refund if the Event is cancelled by the Breast Cancer Research Trust for any reason.
- I acknowledge that the Event and/or Classic Events Ltd may disclose my personal information in accordance with the Breast Cancer Research Trust Privacy Policy and/or in accordance with these Terms and Conditions. Information is not shared with other organisations for commercial purposes.
- I consent to the publication and/or use in any form of media whatsoever of my name, including the name of any person under the age of 18 entered by me, race result, image, voice, statement or otherwise, (including the publication of my name and/or Event result, suburb and applicable age bracket in any Breast Cancer Research Trust announcement and/or on the Event website) without payment or compensation.
- I consent to my name and contact details being included on the Breast Cancer Research Trust database and that unless I specify to the contrary, I will be subscribed to various Breast Cancer Research Trust related publications which include a monthly newsletter and other communications. I acknowledge that I am able to opt-out of these services at any time. I agree that if I choose not to be included on the Breast Cancer Research Trust Event database I will not receive newsletters that relate to the Event in which I have registered. I also agree that it is my responsibility to obtain information and Event updates from the Event website or social media page(s).
- I acknowledge that I will write an emergency contact name and phone number in the space provided on my supplied race bib and agree that the Breast Cancer Research Trust may contact that person and exchange my personal information with them in the case of an emergency.
- I am fully responsible for the security of my personal possessions at the Event and the Breast Cancer Research Trust will not be liable for the replacement of any personal possessions.
- If I am a Team Manager entering a team of Participants in the Event, I consent to acknowledging these Terms and Conditions on behalf of each Participant I am registering, who does not otherwise individually consent to these Terms and Conditions via electronic means.
- Eligibility for any prize that may be offered in connection with the Event if the Participant completes the approved course by the indicated cut-off time and in accordance with these Terms and Conditions and the Event rules and regulations.
- Each Participant must assemble behind the designated starting line, await official start and then proceed on the approved course. I acknowledge that entry into the course after the indicated cut-off time and prior to the official start will result in disqualification.
- I acknowledge that if I start in the incorrect starting zone that is represented on the official chest bib (race number), the official timing result associated with my name could be incorrect when published.
- The race referee’s decision is final – no correspondence will be entered into.
- Spectators may not follow Participants on foot, in vehicles or with any other mode of transportation.
- I acknowledge and confirm that by entering any child under the age of 16, he/she must be accompanied by an adult that is known to the child.
- I understand that if wishing to participate in the Event with a child under the age of 5 and/or a Baby Buggie/Pram/Stroller, that the occupant of the buggy/pram/stroller cannot walk in the event and therefore will not be charged an entry fee for registration.
- I have acknowledged that if I wish to enter the Event with my dog, I will be accepting full responsibility for the behaviour of the dog and will keep the dog on a leash at all times during the Event and follow the guidelines set out in New Zealand’s national guidelines here.
- I declare that all the information supplied by me on this entry form is true and correct.
- 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.
- Indemnity in respect of persons under 18 years - In consideration of the Event agreeing at my request to accept the entry of a minor Participant I agree for myself, the Participant, their heirs, executors and administrators to indemnify and keep indemnified the Indemnified Parties against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the Participant and/or I may have against the Indemnified Parties but for these Terms and Conditions in respect of any death, injury, damage or loss sustained by the Participant as the result of the Participant’s participation in the Event. I affirm that I have full authority on behalf of all living parents and/or guardians to sign this Indemnity and that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.
- Promotional codes may only be used where the Participant meets the conditions applying to the promotional code and uses the promotional code during its validity period. Promotional codes are not able to be redeemed or exchanged for cash and must only be used by those to whom the relevant code was issued too.
- The Breast Cancer Research Trust reserves the right to modify, suspend and/or cancel any promotional code at any time without notice to Participants. No refunds will be made to Participants who have access to a promotional code but did not use the code before it was modified, suspended and/or cancelled.
- Cancellation – The Breast Cancer Research Trust reserves the right to cancel the Event at any time if Breast Cancer Research Trust considers in its sole discretion this is required due to any sort of dangerous conditions and/or force majeure. In the event of cancellation, there will be NO REFUND of entry fee and the cancelled Event may not necessarily be re-scheduled. A decision will be made as soon as possible on race day and via the Event website and its dedicated Social Media channels.
- Hosting Sites - The participant/company/representatives acknowledge, when purchasing a site, that the participant/company/representatives will accept responsibility and be liable for any damage to the site or equipment that the participant/company/representative and/or guests may cause.