adidas Uprising Terms & Conditions

Transcription

1 adidas Uprising Terms & Conditions Please read all of these terms and conditions ("Terms") carefully which are in addition to any conditions and Participants obligation mentioned in the Event document/information shared with the Participants. Each individual who registers to participate in the adidas Uprising ("Event") (and, where applicable, in the case of a participant below the age of 18 years as at the date of registration, the participant's parent, guardian or legal representative) ("Participant") declares and acknowledges to have read, understood and agreed to the applicability of all of these Terms and undertakes to comply with and be bound by the same. 1. The adidas Uprising is organized by adidas India Marketing Private Limited ("Organizers"). 2. The Event for the year 2017 will be held in three cities Delhi, Mumbai, Bangalore, on the following dates: November 4 th and 5 th Mumbai November 18 th and 19 th Bengaluru December 2 nd and 3 rd Delhi 3. For more details on the Event & individual sporting, please log on to ("Official Website") OR 4. The Event is open to residents of India aged 18 years (as on the date of the Event) and above for the Open categories and between 08 years and 17 years (as on the date of the Event) for the junior categories and should satisfy such other eligibility criteria as prescribed by the Organizer. Event Registration 1. Participant is required to register for the Event only through the Organizers exclusive registration partner, Bigtree Entertainment Pvt. Ltd. ( Bigtree ). The Registration for the Event shall be open for limited period on first come first serve basis. Participant may register for the Event through any of the following platforms: (a) websites owned or controlled by Bigtree (including ) accessible through computers or WAP or GPRS enabled mobile phones; (b) mobile applications of Bigtree; (c) voice and data channels (including IVRs) to be facilitated by Bigtree; and (d) Any other booking medium that Bigtree may introduce in future in consultation with the Organizer. 2. Bigtree reserves the right to charge registration fees ( Registration Fees ) from the Participants for each sporting event of the Event as it may deem appropriate. The Registration Fee shall be directly charged by Bigtree from the Participant without either Bigtree or the Participant having any recourse towards the Organizer. The Registration Fees shall be duly notified by Bigtree to the Participant at the time of registration. Upon each successful registration, a ticket or reservation or confirmation shall be issued by Bigtree (whether in physical or electronic form, as permitted under law) that allows the holder thereof access to the Event, on the Event Date, time and Venue

2 identified in such registration or reservation ( Confirmation Slip ), which the Participant shall be required to carry to the venue for participating in the Event along with a government issued valid ID proof and such other documents as may be required. The Participant shall inform the Bigtree via Official i.e. helpdesk@bookmyshow.com if the Participant does not receive the Confirmation Slip or is unable to access the Event's Official Website. If there is discrepancy in the Confirmation Slip, the Participant is to report such discrepancy to the Bigtree within 5 working days from the date of Registration or from when the Confirmation Slip is sent by Bigtree. Participant may be required to agree to such other terms of registration as may be deemed appropriate by Bigtree. The final decision on a Participant s right to participate in the Event shall lie with Organizer alone. 3. By registering for and providing any information, personal or otherwise, in order to gain access to the Event or any activity(ies) involving the organizer and/or the Event, the "Participant" is deemed to have agreed to the following : (a) given his/her consent, permission and authority to the Organizer, Bigtree, their agent(s) and/or contractor(s) to collect, process, organize and retain personal data relating to that Participant ("Personal Data"). (b) The Personal Data of the Participant shall be used by the Organizer for the purposes of: i. Sending communication materials to the Participant, including but not limited to, direct mailers, s, short messaging service and/or telephone calls. ii. Statistical analysis for planning and improvement of the Event. (c) The Organizer may engage the services of third parties to process the Participant's Personal Data as well as the production of essential items required for the smooth running of the Event (including printing of number bib etc.) in or outside of city of the Event. For such purpose, Participant shall be deemed to have given his/her consent to the transfer of all or any Personal Data to any such third party's location within or outside India. All such third parties are contractually obliged not to use the Participant's Personal Data for any other purpose, other than as specified herein or for the purposes of the Event. (d) The Participant has the right, at any time, to: i. withdraw his/her consent for the use of the Personal Data; ii. iii. to request for any correction/update of the Personal Data; Raise any general queries regarding the use of his/her Personal Data; By contacting Bigtree at helpdesk@bookmyshow.com ( Official ) and Organizer at care@adidas.com for communication 4. The relevant Participant shall be deemed to have withdrawn from participating in the Event if he/she withdraws his/her consent or authorization given as above at any time before the Event finishes. 5. The Organizer will take reasonable precautions to keep the Participant's Personal Data secure and similarly require any third party data processors to do the same. 6. The Organizer will ensure that Personal Data is destroyed or permanently deleted if such Personal Data is no longer required for the purposes for which it was to be processed. 7. The Organizer may disclose or release the Participant's Personal Data, if the organizer reasonably believe that it is necessary, desirable or required to do so by applicable law or governmental

3 regulation or by any competent body or authority, or by legal process, or to respond to any claim, or to protect the rights, interest or property of the organizer or others. 8. To learn more about adidas Group's Privacy Policy please visit: 9. By virtue of being the Event Organizer, the Organizer may use services of third parties. 10. The Organizer reserves the right to modify or substitute any of these terms and conditions or any other rules and regulations of the Event from time to time and at any time as they deem fit. If there is ambiguity in any of the provisions of the Terms, the organizer shall be the authority to interpret and in so doing, the organizer will take into account the interests of all affected Participants. The decision of the organizer shall be final and binding. Any update, modification or changes on the terms and conditions or any other rules and regulations of the Event will be notified on the Official Website and (unless otherwise stated) takes effect from the date of notification on the Official Website. 11. The Organizer reserves the right to change the Date, venue or to postpone or cancel the Event at any time without prior notice to the Participant, in which case the organizer will make effort to inform the Participant prior to the Date. If the Event has to be postponed or cancelled, the organizer shall not be liable for any loss or inconvenience caused however, shall duly refund the ticket cost. Any updates on the Event including any changes to the Terms will be posted on the Event's Official Website. It is the responsibility of the Participant to keep abreast with such updates and changes. The organizer shall not be liable for any loss or inconvenience caused. 12. There will be no compensation to the Participants if the Event is postponed or cancelled for any reason whatsoever including by reason of force majeure i.e. due to occurrence of any incident, condition or event that are beyond the reasonable control of the organizer and which, in the Organizers opinion, renders it impossible or unsafe to hold the Event. In case of cancellation of the Event, the sole liability of the Organizer and /or Bigtree shall be to refund the amount paid by the Participant for the said Event. 13. The Event is open to all resident individuals who reached the age stated in clause 4 above (as on the date of the event). Individuals who are younger than 18 years old (as on the date of registration) can only participate after the consent of their parent, guardian or legal representative (as the case may be) has been obtained and not subsequently revoked at the time of participation. 14. The completion and the submission of the online registration form confirm the Participant's agreement to abide by all of the Terms and any other rules and regulations of the Organizer. 15. The Confirmation Slip is the only valid proof of confirmed registration and to be used for the participation in the Event. The final decision on a Participant s right to participate in the Event shall lie with Organizer alone. 16. Participant shall provide true, accurate, current and complete information about the Participant. The organizer may contact the Participant from time to time by SMS/ . Any notice sent to the address registered with the organizer shall be deemed as received by the Participant. If the Participant provides any information that is untrue, inaccurate, not current or incomplete, or if the organizer has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the organizer may at any time suspend, revoke, cancel or terminate the Participant's registration and participation in the Event and refuse any and all current or future use of the Event's Official Website (or any parts thereof). 17. The Participants are free to choose as many sports as they wish to, Participant hereby understand and agree that payment of any sums by the Participants for registration and/or participation in the Event is at the sole risk of the Participant and that Organizer shall not be responsible for any amounts paid by the Participants to the contacts. Participants hereby waive any claim that they

4 may have against the Organizer in regard to the payment of Registration Fees. Participants are requested to verify the identity of the persons to whom any payment is made. 18. The Organizer will not entertain nor be in any way responsible for any disputes arising from incomplete or inaccurate entry details in the registration form. 19. The Organizer reserves the right to limit and/or refuse entry without giving any reason or notice. The Organizer also reserves the right at its absolute discretion to exclude or disqualify any Participant whom the Organizer is of the opinion to be acting in a manner which is against the interest of the Organizer or the Event or which is in violation of the Terms or any rules or regulations of the Event or in case of (suspicion of) foul play, misrepresentation, fraud or any other bonafide reason as may be deemed appropriate by the Organizer in its sole discretion. It is the duty and responsibility of the Participant to ensure his/her legal eligibility to participate in the Event. No compensation shall be payable by the organizer in the event of a Participant being disqualified for the Event for any reason whatsoever. 20. The Organizer reserves the right to cancel, defer and/or add any Event category without prior notice to the Participant. 21. Participant is strictly not allowed to transfer their Event entries to another party or change the Event categories after his/her registration is confirmed. 22. Participant agree to accept promotional materials/items from the Organizer whether in relation to the Event or otherwise 23. Bigtree may offer to the Participant, Organizer branded merchandise as may be made available by the Organizer to Bigtree. Such merchandise shall be available on first-come, first-serve basis. The merchandise may vary for different Events. Organizers are not liable in case the desired merchandise is not available on the Official Website. The merchandise shall be made available at select adidas stores in the city where the Event is scheduled to take place and the Participant shall be responsible for ensuring the pick up of the merchandise from the selected adidas store within the scheduled time selected by the Participant during the purchase of the merchandise. For certain Events wherein the Participant has not selected the adidas store for pick up, the merchandise may be made available to the Participants by Bigtree at the venue of the Event. Failure of the Participant to collect the merchandise as stated herein and/or in the Confirmation Slip shall entitle Bigtree to forfeit the merchandise without any obligation to the Participant. Please refer to the FAQ section for any queries related to the merchandise. 24. The images of the merchandise are for representational purposes and the actual product may vary. No requests for changes in size/color/ exchange/refund etc. shall be entertained. 25. Team names once submitted cannot be edited. Team member s names are required to be submitted at the time of registration at the Event at location itself. The team shall be disqualified if they are short of the desired number of team members. Any person submitting the registration request on behalf of the team shall ensure that it has the required consents of each and every Team member and Participation of the Team in the Event shall be implied to be a valid consent of each of the Participant of the Team. Event Participation 1. The Organizer reserves the right to amend the Event's schedule & venues as it deems fit whether for the safety of the Participants and/or to prevent any potential hazards in any of the Event or otherwise, at any time without prior notice to the Participant. In such event, every effort will be made to inform the Participant prior to the Date of the Event. Any changes made to the Event's

5 Routes will be posted on the Event's Official Website. It is the responsibility of the Participant to keep abreast with any such change. The organizer shall not be liable for any other loss or inconvenience caused due to any such change. 2. Whilst every reasonable precaution will be taken by the organizer to ensure the Participants' safety, Participant participates in the Event at their own risk. The Organizer will not be responsible or held liable for any injury or death, damage or loss of property, whether personal or otherwise, suffered or caused, howsoever arising from training for, during participation, or after participation in the Event. Participant is strongly advised to go for medical examination and/or consult their medical practitioner prior to registration and before the Date of Event. The Organizer reserves the right (but no obligation) to request for a medical certificate from a medical practitioner certifying the fitness of the Participant for a particular Event. 3. Participant must at all times follow their respective Event Route, the direction of security officers/officials, traffic management officers/officials, Event's officers/officials and any enforcement officers/officials. 4. Participant must retire from the Event immediately, if required to do so by any member of the Event's official medical staff, Event director, referee and/or security officer. 5. The Organizer reserves the right to use any photographs, image, motion pictures, recordings, and/or any other media records of the Event (including those of the Participant and of his/her name and other information without any compensation or payment or any prior notice), for any legitimate purpose including commercial advertising and distribution by the organizer in any form of media or medium and for such duration as the organizer deems fit whether within city of the Event or elsewhere. 6. The Participants agree to be interviewed and/or engaged by public relations companies on Organizer behalf, if so required. This may include, but is not limited to, being interviewed by Organizer crew and providing any additional information of interest for the reporting on any of Organizer sites. Organizer owns the exclusive right to copy, reproduce and use all or part of the result from interviews or engagements, including photos and videos of the winner and/or Event. The winner waives the right to inspect and approve such use. 7. Participation in the Event in no way entitles the Participants the use of Organizer names or trademarks without Organizer consent. Collection and Fulfilment of Prizes 1. Any Participants who receive a prize as the result of the participation, competition or contest, must accept the relevant prize "as is" and there is no right to a cash alternative. Organizer reserve the right, at any time, to substitute any prize with one or more prizes of substantially equivalent value. Any entitlement to receive any prize is non-transferable. 2. Organizer reserve the right not to award a prize or to seek the return of any prize awarded in the event that the winner is not entitled to receive such prize if Organizer have cause to disqualify the winner who is in breach of applicable terms and conditions mentioned herein or in any communication. 3. The winner shall be solely responsible for the payment of any applicable tax in relation to the relevant prize. Organizer reserves the right to withhold awarding of the prize to the winner unless the winner discharges in full, its obligation of payment of taxes and/or other statutory dues.

6 4. Any photograph used to promote any prize is for illustrative purposes only and the actual prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, colour, finish, packaging and other features. 5. No representations, warranties, conditions or other terms are made, given or accepted by Organizer and no other terms shall apply, as between Organizer and any person, in relation to any prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms. 6. Participant agrees not to conduct himself in a manner that might, in Organizer's reasonable opinion, bring Organizer, any of its affiliates or any of their respective brands into disrepute. In the event of any breach of this requirement, Organizer reserve the right to revoke the participation and not to award a prize or to seek the return of any prize awarded. 7. For prize winners or possible prize winners, any dispute and appeal must be made by such Participant immediately within 30 minutes of the published results on the results notice board onsite or immediately after the prize presentation, whichever is earlier, failing which the organizer reserves the right not to entertain any disputes or appeals made thereafter. 8. For all other Participants, any dispute and appeal regarding the results must be submitted in writing (via electronic or non-electronic means) to the Organizer within 7 days from the Date of the announcement of the results of the Event. The Organizer reserves the right not to entertain any dispute or appeal submitted after 20 days of concluding the Event in the respective city. 9. In the case of any disputes regarding any Term, Organizer's decision shall be final and binding upon all the parties. Organizer's determination and decision on all matters will be final and no correspondence will be entered there into. Any dispute or situation not covered by the terms and conditions will be resolved by Organizer management in a manner it deems to be the fairest to all concerned and, that decision shall be final and binding on all parties. 10. All finisher's medals/prizes must be collected on Event day. No requests thereafter will be entertained and the relevant Participant shall be deemed to have waived and relinquished his/her right to claim the finisher's medal. Assumption of Risks, Waiver & Release of Liability 1. Participant accept and agree that (a) the Event carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation to personal injury, damage to property or death; (b) his/her participation in the Event is voluntarily in spite of the potential risks and danger; and (c) without reliance on any representation by Organizer. 2. Participant warrants that he/she is in good physical and mental condition and have sufficient preparations and is able to safely participate in the Event. The Participant is fully aware of the risks and hazards inherent in participating in the Event, including the possibilities of serious physical trauma, injury or death. 3. In consideration of the organizer allowing or accepting (without liability) the Participant to participate in any way in the Event and/or activities registered through Registration Partner whether through the Official Website or otherwise, the Participant (which includes his/her heirs, personal representatives, executors and administrators), shall be deemed to have agreed as follows:

7 (a) accept and assume all of the risks and dangers and any potential risks and dangers in connection with the Participant's participation in the Event; (b) to the fullest extent permitted by applicable law, neither the Organizer, online registration company, sub-contractors, all municipal agencies and relevant authority whose property or personnel are used, all sponsoring, co-sponsoring and other companies, parties and individuals related to the Event, nor their respective directors, officers, employees, agents, representatives, volunteers, related corporations, subsidiaries and affiliates (collectively "Releases") shall be responsible or liable in any manner for any costs, expenses, loss, damages, liabilities, injury or death caused by participation in the Event; (c) fully and forever releases the Releases from all and any liability of whatsoever nature and howsoever arising, INCLUDING ANY NEGLIGENT RESCUE OPERATION and any other form of negligence and is intended to be as broad and inclusive as is permitted by applicable laws in India in which the Event is conducted; (d) waives and relinquishes the right to sue or take any action or proceeding against the Releases (or any of them) for any and all claims, demands, losses or damages of the Participant on account of any injury, death, damage to property or any other cause of action, which is caused or alleged to be caused in whole or in part by the negligence, fault, act or omission of the Releases (or any of them) or otherwise; (e) to indemnify and keep Releases indemnified against any and all losses, claims (including but not limited to third party claims), injuries, costs, fees, fines, penalties, taxes, charges and any other liability arising out of any act of omission, commission, fraud, negligence or misconduct by the Participant. 4. The decision of the organizer on all and any matter in connection with the Event shall be final and binding. The Participant agrees to execute and provide to the organizer, such additional documents as may be requested by the Organizer from time to time prior to participation in the Event. The Participant shall submit to the organizer, a waiver form duly signed by the Participant and in case of Participant being below 18 years of age, also signed by their respective Parent or guardian of the Participant (and duly notarized) in favor of the organizer, in a format acceptable to the organizer. 5. If any provision (or any part thereof) of these Terms or any rules or regulations of the Event is held by a competent court or other competent authority in a final decision (namely, after exhausting all appeal avenues if applicable) to be illegal, void or unenforceable in the relevant jurisdiction, that provision or the relevant part thereof shall be deemed to be deleted and the remaining provisions shall continue in full force and effect in respect of such jurisdiction. 6. A failure or delay by organizer in exercising, or in omitting to exercise, any right, remedy, power or privilege accruing to the organizer hereunder, or the knowledge or acquiescence by the organizer of or in any breach of any of these Terms, shall not impair or operate or be construed as a waiver of such right, remedy, power or privilege or an acquiescence in such breach or a waiver of such Terms or any of them. No waiver shall be binding on the organizer unless it is made in writing. No waiver by the organizer of a breach of any Term shall constitute a waiver of any subsequent breach of the same or any other Term. 7. These Terms shall be binding on the heirs, personal representatives, executors and administrators and permitted assigns of the Participants. 8. These Terms and all documents concerning the Event shall be governed by and construed in all respects in accordance with the laws of India. By registering for the Event, the Participant shall be deemed to have agreed to submit to the non-exclusive jurisdiction of the courts in New Delhi.

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