Participation in the Event is subject to and conditional upon the following terms and conditions:
1.1. Only people properly registered in accordance with these terms and conditions are eligible to take part in the Event (“Participant(s)”).
1.2. Participants must be at least 17 years old as at 10 March 2019 (“Event Date”) and therefore only persons born on or before 10 March 2002 will be able to take part in the Event. Participants who will be aged 17 on the Event Date must be registered by a parent or legal guardian on their behalf. 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 Participant on the Event Date. Under 17th must be accompanied by a parent (s)
2. ACCEPTANCE OF CONDITIONS:
2.1. The Event organizer is Millennium Marathon Sports Limited.
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 accepts the terms and conditions of participation by clicking the relevant field in the online registration form (“Online Registration Form”).
3.1. A Participant may complete the Online Registration Form and purchase entry to the Event on behalf of another person (“Third Party”), provided the Participant has the Third Party’s permission to provide their contact details to the Organiser. The Participant confirms that the Third Party is aged 18 years or older and that the Third-Party contact details provided are accurate, correct and up to date. The Organiser will send a link to these terms and conditions to the email address provided for the Third Party. By participating in the Event, the Third Party will be deemed to have accepted these terms and conditions. If a Participant is found to be in breach of this clause, the booking shall be rendered void and the relevant Participants and Third Parties shall be disqualified from the Event and the Organiser reserves the right to exclude the relevant Participants and Third-Parties from participation in future events organized by the Organiser. A Participant may not transfer his/her entry or 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 cannot be given away for free or used as part of any form of business or commercial activity (save as expressly authorized 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, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. 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 Online Entry Form the Participant warrants to the Organiser that he/she is 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 or its officers, agents, employees, affiliates, sponsors or medical advisers).
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, any rules and regulations imposed by any venue and all applicable rules and regulations of the relevant sporting governing bodies that oversee the running of the Event including the relevant Ghana Athletics Association (“GAA”) rules and regulations and doping rules and any road regulations, including but not limited to, the Highway Code. 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, marshals 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 behavior 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.
4. RACE INFORMATION:
4.1. All necessary race information pertaining to the Event is published on www.millenniummarathon.com. It will not be posted to you in hard copy format, however, we will provide regular newsletters about the Event and inform Participants when new race information is available. Please note that details of the event as published on the Online Registration Form, race information or FAQ’s are subject to change. Details of any alterations to the race information will be made available on www.millenniummarathon.com no later than 5 days prior to the event date. It is the responsibility of the Participant to ensure they have accessed the relevant information relating to the Event.
5.1. Save for Participants registered to participate on behalf of any official Event Charities (“Charity Participants”), 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 the use of the online entry system are set out below.
5.2. If payment cannot be collected for any reason including, without limitation, due to insufficient funds, the cover of account or revocation by the Participant (also at a later date), the Participant cannot participate in the Event and may be charged a withdrawal fee.
6. EVENT REGISTRATION:
6.1. For race and registration pack collection, each Participant will receive his/her race and registration pack upon the presentation of photo identification (e.g. passport or driving license) at Frankies Hotel, Accra Sports Stadium and any other Official pick up point to be published. If a Participant cannot appear personally, he/she must ensure that the race and registration pack is collected by a person who has been authorized in writing by said Participant with a photocopy of a passport or driving license.
7. PARTICIPANT OBLIGATIONS:
7.1. As a continuing condition of entry into, and participation in, the Event each Participant shall ensure that:
7.1.1. 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;
7.1.2. He/she does not use a mobile phone whilst participating;
7.1.3. He/she does not use a music player with headphones whilst participating;
7.1.4. He/she displays the official Event number provided at registration in the manner indicated in the Event information booklet;
7.1.5. He/she does not deviate from the official signed route of the Event;
7.1.6. He/she must comply with the GAA competition rules in force
7.1.7. He/she must comply with the reasonable instructions of the Organiser and all Event staff, stewards, marshals and medical/safety personnel.
7.8. Should Participants breach the Participant Obligations, the Organiser reserves the right to (i) disqualify Participants from the Event, and (ii) exclude the Participant from participation in future events organized by the Organiser.
8. WITHDRAWALS AND TRANSFER OF ENTRY PLACES:
8.1. Registration is non-refundable.
9.1. Participants may not defer their entry to the Event under any circumstances.
10. CANCELLATION, ALTERATION, AND TIMINGS OF EVENT:
10.1. 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.
10.2. If the Event is cancelled because of circumstances beyond the reasonable control of the Organiser including, without limitation, war, civil or political unrest, transport disruptions, terrorism, including reasonable threat thereof, inclement weather conditions, death of a member of the royal family and any legislation, regulations, ruling or omission of any relevant government, court, competent national authority or governing body, on advice of any security or police force and/or local authority consent or approval, or withdrawal of such consent or approval, (“Force Majeure”) then, save as set out below, the Participant will not be entitled to any refund of the entry fee and compensation of other losses, such as travelling or accommodation expenses.
10.3. 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 7 days to inform the Organiser in writing from when the change in date is announced to receive a refund of his/her entry fee.
10.4. 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. The Participant acknowledges that the Event will have an early start time and it is the Participant’s responsibility to ensure that they arrive at the time allocated to them. 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.
10.5. The Organiser reserves the right to amend the Event format, including changing the course and the distance, at its 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.
10.6. In order to ensure the roads can re-open on time in line with the Organiser’s obligations to the relevant local authorities, the Organiser has the right to remove from the Event those Participants who do not meet the applicable required cut-off times. No refunds will be paid to Participants in these cases. The relevant cut-off times can be found at https://www.millenniummarathon.com, and are subject to change at the Organiser’s discretion.
11. LIABILITY AND INSURANCE:
11.1. Participation in the Event is at the Participant’s own risk. The Participant irrevocably agrees to hold harmless, indemnify and reimburse the Organiser and its affiliates from and for any liability, sum, costs, damages or expenses (including legal and professional fees) incurred by the Organiser and its affiliates in connection with an 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).
11.2. Under no circumstances shall the Organiser and its affiliates 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 Online Registration Form) arising out of the Participant taking part in the Event or any other matter arising under these terms and conditions or for an aggregate amount greater than the entry fee paid by the Participant.
11.3. Nothing in these terms and conditions shall exclude or limit the liability of the Organiser:
11.3.1. For death or personal injury caused by the Organiser’s negligence;
11.3.2. For fraud or fraudulent misrepresentation; or
11.3.3. For any matter which it would be illegal for the Organiser to exclude or attempt to exclude liability.
11.4. The Organiser will not be liable for any actions of any spectators or other third parties.
11.5. 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. It is the Participant’s responsibility to check ingredients in such products and the Organiser shall not be held liable for any damage or injury caused by this (unless caused by the Organiser’s negligence).
11.6. The Organiser will endeavor to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
12. COLLECTION AND USE OF DATA:
13. COMMERCIAL PROVISIONS:
13.1. The Organiser reserves the exclusive right and license throughout the world (and Participant hereby grants the Organiser such exclusive right and license) 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 “3/4G” 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 times and results), in connection with the production, advertisement, marketing, promotion or sale of Event partner products and/or services and/or the promotion, marketing or advertisement of the Organiser and its events, or any Event partner at that time (Event partners are listed here and updated from time to time:
13.2. 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.
13.3. No Participant shall engage in any form of “ambush marketing” (ambush marketing is an activity by a party which utilizes the publicity value of the 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 unauthorised promotions or other commercial activity.
13.4. Should a Participant not wish to be filmed or photographed at the event, he/she should email stating their name and bib number and the Organiser shall pass this information to the third-party filming/photography providers. The Organiser cannot guarantee that any local or national media/news reports of a live event will not include a Participant’s name and/or image and Organiser shall not be held responsible for any footage or images are shown using a Participant’s image, unless the Organiser gave approval for such images to be used.
14.1. 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 Registration 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.
14.2. 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.
14.3. These terms and conditions are governed by Ghana Law and the Ghanaian Courts shall have exclusive jurisdiction in relation thereto.
15. Winning Prizes:
15.1. The Winner of the Nissan Car Kicks will use the Vehicle for one year and return to the organizer after this period. If the winner decides to purchase the Nissan Kicks vehicle, Organiser will offer a discount price not less than 50% of the value of the Car.
15.2. The Vehicle will be branded from one year.
15.3. The Comprehensive insurance coverage of the vehicle will be the responsibility of the organizers.
15.4. Prize car will not be used as a commercial vehicle.
15.5. All other prizes whether being in cash or gift prizes will be at the discretion of the organizers.