TERMS AND CONDITIONS
TERMS & CONDITIONS OF PARTICIPATION IN THE 2022 Al Mouj MUSCAT MARATHON Festival of Running. Participation in the Event is subject to and conditional upon the following terms and conditions:
Any distance staged as part of the 2022 Al Mouj Muscat Marathon. Distances include, but are not limited to: 42.2 KM (“Marathon”), 21.1KM (“Half Marathon”), 10KM (“10KM”), 5KM (“5KM”), Kid’s Run (“3KM Kids’ Run) (“2KM Kid’s Run) (1KM Kids’ Run).
Entry Form: This is a list of information that the Participant is required to submit to Organiser before participating in the Event. This is a digital form which can be found here – https://www.njuko.net/mm2022/select_competition
1.1 Only people properly registered in accordance with these terms and conditions are eligible to take part in one of the distances staged at the Event (“Participants”)
1.2 Participants in the Marathon and Half Marathon must be at least 17 years old by the 11/02/2022. Participants in the 10KM must be at least 15 years old by the 11/02/2022. Participants in the 5KM must be at least 12 years old by the 12/02/2022. Participants in the 3KM Kids’ Run must be aged 11 or 12 years old on the 12/02/2022. Participants in the 2KM Kids’ Run must be aged 9 or 10 years old on the 12/02/2022. Participants in the 1KM Kids’ Run must be aged 7 or 8 years old on the 12/02/2022.
1.3 Parents or Legal Guardians registering on behalf of a Participant shall be deemed to have accepted these terms and conditions on the Participant’s behalf and further agree to take full responsibility for such Participants on Event Day.
2. ACCEPTANCE OF CONDITIONS
2.1 The Event organiser is Oman Sail LLC, Company Number 1052282 (“Organiser”).
2.2 The Participant shall be deemed to have accepted these terms and conditions and to have entered into a legally binding contract with the Organiser when he/she a) accepts the terms and conditions of participation by clicking the relevant field in the ONLINE registration form (“Entry Form”) and (b) pays the appropriate entry fee (if applicable).
3.1 Entry into the Event is personal to the Participant. The Participant shall not enter the Event on behalf of any other person and may not assign any of his/her rights or obligations under these terms and conditions, save in accordance with these terms and conditions and/or with the prior written consent of the Organiser. The Participant agrees that the entry is purchased for his/her personal use only and that it cannot be given away for free or used as part of any form of business or commercial activity (save as expressly authorised by the Organiser). In particular, the Entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotional use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Unofficial transfer, donation, give away, resale or attempted resale is grounds for cancellation of entry without refund or other compensation.
3.2 The Participant acknowledges that the Event is physically strenuous and that he/she is aware of the associated medical and physical risks involved. By completing the Entry Form the Participant warrants to the Organiser that he/she is, and will be on the Event Date, sufficiently fit and healthy to participate in the Event unaided and agrees to be solely responsible for his/her actions, and the Organiser, its officers, agents, employees, affiliates, sponsors or medical advisers shall not be responsible for any injury or illness that the Participant may suffer as a result of his/her participation in the Event (unless caused by the negligence of the Organiser).
3.3 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 injury or illness which may impair his/her performance and confirms that he/she will report any illness during the Event to the Event medical team immediately.
3.4 The Participant agrees to abide by all Event rules, regulations and instructions issued by or on behalf of the Organiser and all applicable rules and regulations of the relevant sporting governing bodies that oversee the running of the Event including the relevant Doping rules. The Organiser is entitled to impose Event rules upon the Participant from time to time which will form part of these terms and conditions and all decisions and rulings by or on behalf of the Organiser shall be considered final. The Participant will comply with all instructions and guidelines given by the Organiser and all Event staff, stewards, marshalls and medical/safety personnel. 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 rules, regulations or instructions.
3.5 The Organiser shall be entitled at any point to refuse entry to the Event to any person and/or to refuse to allow any Participant to take part or continue to take part in the Event 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 he/she 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 he/she is acting under the influence of alcohol or drugs or fails when required to produce proof of identity or age; or disposes of litter outside of the designated event waste areas.
3.6 Owing to operational constraints we are unable to accommodate wheelchair racers in this event.
4.1 Each Participant is required to pay an Entry Fee for the Event at point of entry. The Organiser only accepts payment by approved debit card or credit card – the terms and conditions relating to use of the online entry system are set out below.
4.2 If payment 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 may be charged a withdrawal fee.
4.3 Processing charges and card fees are not included in the Entry Fee and the cost must be borne by the Participant at the point of entry.
5. PARTICIPANT OBLIGATIONS
5.1 The Organiser strongly discourages the use of any equipment that acts as an impediment to hearing or concentration when competing. This includes, but is not limited to, mobile telephones, personal stereos and MP3 players. The Organiser cannot be responsible for accidents resulting from taking part with such equipment.
5.2 As a continuing condition of entry into, and participation in, the Event each Participant shall ensure that:
5.2.1 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;
5.2.3 he/she does not deviate from the official signed route of the Event;
5.2.4 he/she does not use any item in the Event which could in the opinion of the Event Organiser potentially inhibit the flow or safety of, or cause danger or risk to the Participant and/or other Participants, including but not limited to roller skates, scooters, wheel barrows, bicycles or hand cycles, animals, etc.
6. WITHDRAWALS, DEFFERALS AND TRANSFER OF ENTRY PLACES
6.1 This clause is not applicable to Participants registered to run on behalf of an official event Charity, Tour Operator or Sponsor / Partner (“Third Party Participants”). All cancellations, refunds, deferrals or withdrawals by Third Party Participants must be taken up directly with their designated Third Party. No refunds shall be made directly to any individual Third Party Participant by the Organiser in any circumstances.
6.2 Participants acknowledge that places for the Event are limited and registrations for places have a direct impact on the organisation and logistics of the Event. Accordingly, the Participant may only withdraw from the Event, change Distance or transfer their place to another Participant as set in the following clauses:
6.2.1 A participant may withdraw from the Event at any time by contacting firstname.lastname@example.org. No refund will be payable in the event of the withdrawal at any time.
6.2.2 Participants will be able to change their Distance up until the 20th December 2021 by contacting email@example.com. Any Participant wishing to upgrade to a longer Distance will be required to pay the difference in entry fees. Any Participant wishing to downgrade to a short distance will not be eligible for a refund. Any Participant wishing to change distance will be subject to availability of places in the new distance at the Event.
6.2.3 Participants will not be able to transfer their entry to another person.
6.2.4 Participants of the Marathon and Half Marathon will be allowed to defer their Entry to the Event to the 2021 Event up until the 11th December. Any such deferral will be honoured for the Event in 2021 and at the same distance, or equivalent distance as determined by the Organiser, only and cannot be deferred to any other subsequent year.
7. CANCELLATION, ALTERATION AND TIMINGS OF EVENT
7.1 The Participant acknowledges and accepts that circumstances concerning the Event may change from time to time for reasons outside of the Organiser’s reasonable control or otherwise, without the Organiser incurring any liability and without any rights to withdrawal being accrued by the Participant save as otherwise set out in these terms and conditions.
7.2 If the Event does not take place on the scheduled Event date 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 Omani Royal Family (“Force Majeure”) then the Participant may either
(i) choose to participate in the Event on an alternative date communicated by the Organisers;
(ii) receive a refund of his/her Entry Fee in respect of that Event (excluding any booking fee), provided he/she gives notice in writing to the Organiser that he/she wishes to receive such refund within the time frame specified by the Organiser at the relevant time. For the avoidance of doubt, the Participant will not be entitled to claim any other amounts from the Organiser, including (without limitation) compensation of other losses, such as travelling or accommodation expenses.
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 Participant 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 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.
7.5 In order to ensure the roads can re-open on time in line with the Organiser’s obligations to the relevant authorities, the Organiser has the right to remove from the Event those Participants who do not meet the required cut-off time as dictated by the final pacer. No refunds will be paid to Participants in these cases. Cut-off times will be published in the Runners’ Guide.
8. LIABILITY AND INSURANCE
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 liability, sum, costs, damages or expenses (including legal and professional fees) incurred by the Organiser 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).
8.2 Under no circumstances shall the Organiser be liable to the Participant in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, charity funds, anticipated savings or wasted expenditure, or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these terms and conditions .
8.3 Nothing in these terms and conditions shall exclude or limit the liability of the Organiser:
8.3.1 for death or personal injury caused by the Organiser’s negligence;
8.3.2 for fraud or fraudulent misrepresentation; or
8.3.3 for any matter which it would be illegal for the Organiser to exclude or attempt to exclude liability.
8.4 The Organiser will not be liable for any actions of any spectators or other third parties.
8.5 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.
8.6 The Organiser will endeavour to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
8.7 Except as stated in clause 8.3, the aggregate liability of Organiser to a Participant with respect to all claims under or in connection with the Event shall be limited to damages not exceeding the Entry Fee.
9. COLLECTION AND USE OF DATA
9.1 The Participant agrees and consents to the Organiser collecting and using his/her personal details provided in his/her Online Entry Form for the following purposes:
9.2 Event administration
9.2.1 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.
9.2.2 By signing up to these terms Participants agree that their Personal Data (as defined in the Data Protection Act 2018) may be shared with third parties for the proper and safe administration of the Event.
9.2.3 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.
9.3 E-mail/SMS communications
9.3.1 The Organiser may use the Participant’s contact data submitted on the Online Registration Form to send the Participant information by e-mail, WhatsApp and/or SMS relating to the Event, other events, Event partners, charities and other categories of news and promotional information.
9.3.2 The Participant acknowledges and agrees that the Organiser may send an e-mail, WhatsApp or SMS notification following the Event inviting the Participant to submit or renew his/her registration for any future Organiser events.
9.3.3 If the Participant actively opts in to being contacted by any Associated Partners or Charities at point of entry, the Participant acknowledges and agrees that the Associated Charities may make non-commercial use of the Participant’s registration details in relation to the charity participation and fundraising initiatives.
9.4 The Participant agrees to inform the Organiser of any changes to the information supplied in their original Online Entry Form 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 or for any change in medical conditions contact firstname.lastname@example.org directly.
9.5 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 2018. The Organiser will not disclose any such information to third parties, save as expressly stated in these terms and conditions. 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 following the opt-out instructions provided in the relevant e-mail or SMS. 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.
9.6 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 the Participant’s Online Entry Form 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. COMMERCIAL PROVISIONS
10.1 The Organiser reserves the exclusive right and license throughout the world (and Participant hereby grants the Organiser such exclusive right and licence at no cost) 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, digital media, social media, the Internet, mobile telephony and so-called “3/4/5G” 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 run 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.
11.1 These terms and conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Online Entry Form (and the documents referred to in it) he/she does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person) other than as expressly set out herein.
11.2 If any provision of these terms and conditions 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.
11.3 These terms and conditions are governed by the laws of the Sultanate of Oman without reference to the principles of conflicts of laws thereof…