2021 NIKE MELBOURNE MARATHON FESTIVAL TERMS & CONDITIONS
In consideration of and as a condition of acceptance of entry in the 2021 NIKE MELBOURNE MARATHON FESTIVAL Marathon (42.195km) race, Half Marathon (21.1km) race, 10km Run, 5km Run, 3km Run and/or Wheelchair race, (collectively, the “Event”) on Sunday 10 October 2021 (the “Event Day”), I acknowledge and agree with the following:
- A legally binding agreement between the event organisers, International Management Group of America Pty Limited (“IMG”) and the intending participant (“I/me”) will be deemed to have commenced on acceptance in writing by IMG of my application to compete.
- I hereby represent that: (a) I am (and, at the time of the Event, will be) in good health and in proper physical and mental condition to participate in the Event; (b) I am not (and, at the time of the Event, will not be) under the influence of a banned substance(s), alcohol or any prescription drugs that would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough (including mentally healthy enough) to safely participate in the Event and to seek any and all required medical advice, recommendations, and clearances prior to arriving at and participating in the Event, if and as applicable.
- I hereby represent that I will immediately inform the Event Organizers and take any and all precautions set forth or recommended by the Event Organizers, applicable laws, rules, regulations, policies, regulatory authorities and/or medical professionals if, at any time during the fourteen (14) days leading up to the Event, and/or at any time during, or after the Event, I (i) receive a test result indicating that I am a carrier of COVID-19 or any mutations and/or derivatives thereof or any infections or illnesses related thereto or resulting therefrom (collectively, “COVID-19), (ii) begin to experience any symptoms of COVID-19 including, without limitation, shortness of breath, chest pain, loss of taste and/or smell, coughing, fever or chills, muscle or body aches, headache, sore throat, congestion or runny nose, nausea or vomiting, headache, diarrhea, and tiredness (collectively, the “Symptoms”), or (iii) knowingly come in contact with anyone who has (or who I have any reason to believe may have) tested positive for COVID-19 and/or experienced or is experiencing any symptoms of COVID-19 including, without limitation, the Symptoms.
- I understand that participation in the Event (including, without limitation, transportation to and from the Event venue) involves risks and dangers which include, without limitation, the potential for minor and/or serious bodily injury, permanent disability, paralysis and death or mental trauma; loss or damage of property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles (including drones or unmanned air vehicles) or other natural or manmade objects; dangers arising from adverse weather conditions (e.g., wind, rain, heat, sun exposures, etc.); imperfect course conditions; natural and manmade water, road and surface hazards; animals, living creatures and other organisms; equipment failure; inadequate safety measures; participants of varying skill levels; medical or emergency aid (or lack thereof); situations and circumstances beyond the immediate control of IMG; the inherent risk of contracting illness(es) including, without limitation, COVID-19 which may exist anywhere people gather and are present, including the Event, becoming a carrier of COVID-19, and/or experiencing any resulting harm(s) including, without limitation, the Symptoms, death, fever, weight loss, irreversible pulmonary respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses (which may or may not be covered by insurance), cleaning expenses, mandatory self-quarantine, loss of licenses and similar approvals by any regulatory or self-regulatory body to which the Participant or any of the Releasing Parties (as defined below) is subject, investigation and/or prosecution by civil, criminal or other regulatory authorities and other harms and lost opportunities, whether economic, reputational or otherwise (collectively, the “Harms”); other undefined harm or damage which may not be readily foreseeable; and any other presently unknown risks and dangers (collectively, “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, and/or the acts, inaction or negligence of the Released Parties (defined below), and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expense which I incur as a result of or in connection with my entry into and participation in the Event. If I observe any Risks during my presence at, participation in, and/or attendance of, the Event or any portion thereof, I will immediately notify the nearest official and/or personnel of an Event Organizer and use best efforts to remove myself from exposure to the same (to the extent possible given the nature and scope of the Event and each portion thereof). Individually and collectively, the “Released Parties” are: IMG, race directors, emergency aid or medical personnel, sponsors, licensors, vendors, suppliers, contractors, and advertisers; local organizing committees, volunteers; the venues and property (and rights) owners on which the Event takes place; public entities providing support for the Event; and each of their respective parents, subsidiaries and affiliated and/or associated companies, officers, directors, partners, shareholders, members, managers, representatives, agents, contractors, and employees.
- I release IMG AND THE RELEASED PARTIES from any liability (to the extent permitted by law) for any loss, injury, damage of any description whatsoever suffered in relation to my attendance and participation at the Event, however so caused, and I indemnify them against all liability arising as a result of or in connection with my attendance and participation in the Event including any loss of personal property including, without limitation, the Risks (including those pertaining to COVID-19 and/or any resulting Harm(s)).
- I consent to receive such medical aid or treatment that may be deemed advisable by Event medical and paramedical personnel in the event of my injury, accident and/or illness during the Event. I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by me as a result of my participation in the Event.
- I have sufficiently trained for the Event and to the best of my knowledge, I am not suffering from a condition, illness, injury or other physical disability or impairment that may prevent and/or render me unfit to participate in the Event. I understand that IMG may refuse to allow me to participate or continue participating in the Event if in the reasonable opinion of IMG it is necessary for my safety or the safety of others.
- I understand that there is a time limit in which I am required to complete the Event. I will provide evidence of my ability to complete the course in the specified time limit, if requested by IMG. If, during the conduct of the Event, an Event official directs my withdrawal because I am likely to be unable to reach the cut-off marks within the advertised time limit or complete the Event within the advertised time limit, I undertake to comply with this direction. In these circumstances I will voluntarily remove myself from the course without liability to IMG and agree to be transported to the finish area.
- I understand that IMG reserves the right to refuse my application to register for any of the races making up the Event at any time for capacity/field limit, safety, insurance or any other reason.
- I consent to identity verification checks, background security checks and any other reasonable security checks (which may include inspecting my personal property) being conducted on me prior to my entry into and departure from any official Event sites.
- I acknowledge that I am responsible for all property I bring to the Event and understand that IMG does not accept responsibility for any loss or damage to this property.
- If competing in the Marathon race (as part of the Event), I will be 18 years or older on the Event Day. If competing in the Half Marathon race (as part of the Event), I will be 16 years or older on the Event Day. All children (under the age of 13 years on the Event Day) must be accompanied by an adult in the 10km, 5km and 3km races (as part of the Event) on the Event Day.
- I undertake to comply with all applicable regulations, by laws and rules of the Australian Sports Anti Drug Agency (ASADA) and Athletics Australia (AA) and any other relevant authority or body in relation to the Event and will comply with all reasonable directions and decisions of the officials and other representatives of ASADA, AA and IMG.
- I have not knowingly used any substance for the purpose of enhancing my performance at the Event and will not use any substances prohibited by the rules of AA or any other relevant authority or body. If applicable, I will check with my physician to ensure medication that I am taking is not a prohibited substance.
- I understand that IMG reserves the right to alter the course and/or Event format, including changing the distance of the course due to any unforeseen circumstances. Such alterations may be due to the direction of councils, police or other organisations that are associated with the Event.
- I agree that I may not participate in the Event with or using roller skates, roller blades, skateboards, bicycles, scooters, dogs/animals or any non-traditional form of running shoe. I acknowledge that the use of any type of drone or unmanned aerial vehicle (UAV) is prohibited at the Event.
- In connection with the Event, I agree not to mislead Events officials, obtain an advantage by deception or otherwise act dishonestly.
- I grant IMG and the sponsors, contractors and suppliers engaged by IMG in connection with the Event a royalty free right for use in perpetuity, to use and allow the use of my name, image, voice, likeness, photograph, interview and statement in broadcasts, telecasts, webcasts, media press materials, promotional materials and otherwise in connection with the Event. I acknowledge that IMG and/or Event sponsor(s) may use my image, name, pictures and sports performances in advertising materials and/or for the purpose of promoting IMG, the Event, and/or sponsor’s brand, products or services and/or its association with the Event.
- I acknowledge that the official Event results list, published publically, will display my name, corresponding Event number, Gender, Age Category and finish time. I acknowledge that these details may be used by IMG or Event sponsor(s) to verify Event participation data. I acknowledge that the official Event App may display my location on Event day as I complete the Event course.
- I understand and acknowledge that IMG will use an electronic timing chip device (that shall be attached to the rear of the race bib) for timing me in the Event and this will entail the issuing and wearing of the race bib and the timing chip device (on the chest area) by me at all times during the Event. I understand that the timing chip device is attached to the rear of the race bib (under what looks like a label) and if it is tampered with, such as it being removed or pulled out, the timing chip device may not function correctly or work at all. I understand that the replacement fee for my timing chip device is $20, and I agree to pay IMG the replacement fee at the Event race office prior to the commencement of the Event when I collect my replacement race bib and timing chip device if, in the reasonable opinion of IMG, my original timing chip device has been or appears to have been damaged as a result of tampering. I understand that if I am participating in the 3km event no timing chip will be attached to my race bib as this event is not timed.
- I understand that my entry in the Event is non-transferable and I understand that passing on my race bib and/or timing chip device to a third party to participate in the Event in my place is prohibited. I understand that IMG predominantly imposes this requirement for safety reasons as IMG needs to have accurate information about all participants in the Event so as to properly assist all Event participants in the case of a medical emergency or for other similar reasoning. In the event a particular distance reaches capacity, an option to transfer to another participant will be available through IMG’s registration platform. All transfers must be done through your ‘My Events Portal’, and I will be required to pay an administration fee of $30 as well as any difference in price between the initial purchase value and the value at the time of the transfer.
- I acknowledge that my entry fee is not refundable except in accordance with this paragraph and paragraphs 23 and 26 below. I understand that if I do not wish to participate in the Event, I must fill in and submit to IMG the official Event withdrawal form that is available on the Event website (www.melbournemarathon.com.au), return to IMG my race bib and timing chip device, and I agree I will not transfer my race bib and/or timing chip device to any third party. I understand that if I withdraw from the Event up to and until 11:59pm Monday August 9th2021, there is an administration fee that applies as follows: I will be returned the entry fee paid by me less $40 if I entered the Melbourne Marathon race, $30 if I entered the Half Marathon race, $20 if I entered the 10km race and $15 if I entered either the 5km or 3km races. Should I withdraw after 12.00am on Tuesday August 10th, 2021 onwards for any reason (including, but not limited to, medical reasons), there is no refund of any portion of my entry fee.
- If: (i) I develop COVID related symptoms in the lead up to the event and get tested; (ii) I am identified as a close contact of a person who has received a positive coronavirus (Covid19) test result, and as such as a result of (i) or (ii) I have been directed to quarantine (stay at home) on the Event date, or (iii) if I am prevented from travelling to the Event on the Event date because of intrastate, interstate or international travel restrictions; I will complete a COVID Withdrawal Application Form and provide the necessary documentation and I will be entitled to rollover my registration to the 2022 Event or receive a full refund.
- Mail out of Event race bibs will progressively begin from September 2021 and may take approximately 2 – 4 weeks for delivery depending on your date of entry and your location. I acknowledge that if I enter the Event on or before 11:59pm on Wednesday July 14th, 2021 or earlier in the instance that Early Bird allocations are sold out prior to July 14 and select and pay for postage, my Event race bibs will be posted to me. If I enter the Event from 12:00am on Thursday July 15th, 2021 onwards or after Early Bird allocations are sold out, or do not select and pay for postage I will be required to pick up/collect my Event race bib from the Event race office during opening hours prior to the commencement of the Event. All international entrants are required to collect their race bib from the Event race office prior to the commencement of the Event regardless of the date they entered the Event.
- If after I have entered the Event I wish to change from the race I entered into originally to another race within the Event, I can make changes only as follows
(a) Until 11:59pm on Sunday 3 October 2021, I may apply to change races by emailing firstname.lastname@example.org. If I change into another race of greater value within the Event, I acknowledge that I will be required to pay an additional fee for the difference between the entry fee I originally paid and the current cost of participating in the alternative race. If I change to a race of lesser value before 9 August 2021 I will be entitled to a receive a refund equal to the difference between the entry fee of the relevant Event races less a $15 administration charge. After this date, I acknowledge I will not receive any refund of my original Event entry fee. If I have received my original distance bib in the mail, it is my responsibility to swap my bib to the correct distance at the race week office during opening hours on Thursday 7 October 2021 and Saturday 9 October 2021. Failure to do so will result in my race time not being recorded. If I am accepted into another race within the Event, I acknowledge that I will not receive any refund of my original Event entry fee.
(b) From 12am Monday October 4 onwards, I may apply to change races only by attending the Event race office (with my Event race pack) on one of the following dates: Thursday October 7 – Saturday October 9, 2021. If I am accepted into another race within the Event, I acknowledge that I will not receive any refund of my original Event entry fee. No changes will be permitted after the Event race office has closed on Saturday October 9, 2021.
- Event entry fees are strictly non-refundable except as set out in these terms and conditions and/or as required by law. (A) IMG reserves the right to alter the Event, including (but not limited) to changing the start time, venue or format of the Event. In the event of such a change, you will be notified with as much notice as reasonably practicable. No refund in whole or in part shall be made for any such change to the Event. (B) IMG reserves the right to re-schedule the Event to another date, in which case your ticket will be valid for the new date. If you are unable to attend the rescheduled Event, you will be able to cancel your order and you will be eligible for a full refund of your Event entry fee. (C) IMG reserves the right to cancel the Event for any reason, including (but not limited to) circumstances beyond its reasonable control. In the event of cancellation of the Event in its entirety, you will be eligible to rollover your registration to the 2022 event or a full refund of your Event entry fee. (D) Other than as specifically set out in this paragraph, IMG will not be liable to you or any third party for any loss or damage (including indirect or consequential loss or damage) suffered as a result of or arising from or in any way connected to cancellation, postponement, re-scheduling or change to the Event or any part thereof.
- I understand that my entrant details are collected by IMG for the purpose of conducting the Event and associated events, including but not limited to identifying participants in the Event, recording results, communicating with me and other participants about the Event and other associated events and to assist IMG in improving and marketing its goods and services. I understand that by supplying IMG with my e-mail address I agree to receive regular e-newsletter updates from IMG in order to stay informed about the Event.
- I understand that if I breach (or am reasonably suspected of breaching) these terms and conditions, I may be disqualified from the Event and/or the details of my participation in the Event may be removed from any register, database or publication (publicly available or otherwise) associated with the Event, in IMG’s discretion.
- By entering this Event I consent to my personal information being provided to Athletics Australia Limited and Athletics Victoria Inc for the purposes of registering me as a recreational running class member of Athletics Victoria and for administering Athletics Australia’s Running Australia program. I further consent to receiving information (including via email) about the Running Australia program from Athletics Australia and Athletics Victoria, including details of other events and specials offers or promotions, unless I inform those organisations otherwise.
- I understand that these terms and conditions shall be construed according to the laws of the State of Victoria, Australia.
- I certify that I am 18 years or older or that I am the parent/legal guardian of a Participant who is under the age of 18 years, and I have read this document and fully understand it. Where I am a parent or legal guardian of a Participant, I agree to these terms and conditions for and on behalf of the Participant.
- I acknowledge that these terms and conditions may change from time to time at the discretion of IMG.