TERMS AND CONDITIONS FOR SOCIAL BITE FUND’S BREAK THE CYCLE WITH SIR CHRIS HOY
DEFINITIONS
“Affiliated Partners” means:
a) The Social Bite Ltd (incorporated and registered in Scotland under company number SC424001) having its registered address at 1 Leith Walk, Edinburgh, EH6 8LN.
b) Online Giving Ltd (a private limited company registered in England and Wales under company number 06886190) having its registered office at Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.
c) Pennine Events Ltd (a private limited company registered in England and Wales under company number 04624504) having its registered office at 22-28 Willow Street, Accrington, England, BB5 1LP (“Pennine Events”).
“Break The Cycle” is a campaign run by SBF with virtual events taking place throughout 2022 and physical cycling events between Glasgow, Linlithgow and Edinburgh on Sunday 4 September 2022.
“BTC Challenge” includes the BTC Virtual Challenge and BTC Main Challenges.
“BTC Main Challenges/Event” means the Break The Cycle campaign cycle events (60 miles, 20 miles and 3 miles) organised by SBF and Pennine Events on 4 September 2022.
“BTC Main Challenge 60” refers to the 60-mile event, also referred to as ‘Ultimate Challenge’
“BTC Main Challenge 20” refers to the 20-mile event, also referred to as ‘Free Wheelers’
“BTC Main Challenge 3” refers to the 3-mile event, also referred to as ‘The Wee One’
“BTC Virtual Challenge” means the Break The Cycle campaign virtual challenges.
“Donations” means the donations raised by You in relation to the BTC Challenge.
“SBF/We/Us/Our” means Social Bite Fund, a registered charity with registration number SC045232 and having its registered office at Leith Walk, Edinburgh, EH6 8LN.
“Sponsors & Supporters” means organisations who have funded portions of the Break The Cycle event are Break The Cycle’s “Sponsors”; and organisations who have provided advice and support to Break The Cycle are “Supporters”.
“Participant” means an individual who takes part in the BTC Challenge.
“You/Your” means the person or the organisation agreeing to be bound by these terms and conditions and who is registering to or on or on behalf of a Participant to take part in Break The Cycle.
“Adult” means a person aged 18 or over at the time of the event (4 September 2022).
“Officials” means staff employed to facilitate the running of the BTC Main Challenges.
“Force Majeure Event“: any circumstance not within The Affiliated Partners’ reasonable control including: (a) acts of God, abnormally inclement weather, flood, drought, lightning, storm, earthquake or other natural disaster; (b) epidemic, pandemic or infectious disease; (c) terrorist attack, civil war, civil commotion or riots, crowd disorder, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government, public authority, court, competent national authority or governing body, including cancelling a public event, imposing capacity restrictions on a public event, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, subsidence, structural damage, fire, explosion or accident; (g) player strike; (h) death of a member of the Royal family; and (h) any labour or trade dispute, strikes, industrial action or lockouts.
1. YOUR OBLIGATIONS
You acknowledge and agree that:
1.1 If You are a Participant of any of the BTC Main Challenges:
a) the event is not a race;
b) you must wear the event number provided at all times during the event;
c) you must follow instructions of event staff, stewards and signage at all times;
d) you must wear appropriate safety equipment when taking part. A suitable helmet must be worn at all times when cycling;
e) you will comply with the rules and regulations which will be stated within the event information booklet issued to Participants;
f) you agree to assign and grant the right and permission for SBF and the Affiliated Partners to use and publish any photographs, film, video and/or sound recordings of You on any SBF and Affiliated Partner activity. You hereby release SBF and its Affiliated Partners from any and all liability from such use and promotion. You authorise the reproduction, sale, copyright, exhibit, and broadcast, electronic storage and/or distribution of said photographs, film, video tapes, electronic representations and/or sound recordings without limitation at the discretion of SBF and/or its Affiliated Partners. You specifically waive any right to any compensation You may have for appearing in any of the photographs, film, video and/or sound recordings at the BTC Main Challenges. Use of any photographs, film, video and/or sound recordings of You shall be in accordance with Our privacy policy available here: https://social-bite.co.uk/privacy-policy/;
g) you agree to follow the Highway Code when on public roads and pathways. For open road events all traffic signals and road signs must be obeyed;
h) you agree that participation is at your own risk;
j) you agree to ensure that you ride in single file and no more than two abreast where necessary; and
k) you agree your name can be displayed on public leader boards through Our website. You can withdraw your consent for your name to be displayed at any time by following the process set out in our privacy policy available here https://social-bite.co.uk/privacy-policy/.
1.2 If You are a Participant of the BTC Main Challenges 60:
a) you must be aged 18 years old or above on or before 4 September 2022.
1.3 If You are a Participant of the BTC Main Challenge 20:
a) you must be aged 14 years old or above on or before 4 September 2022;
b) riders aged under 18 must be accompanied throughout the ride by a competent adult aged 18+ years;
c) you agree that Adults accompanying under 18’s accept responsibility for them at all times during the event;
d) you agree that Adults accompanying under 18’s acknowledge that the minor’s in their care have the appropriate level of cycling proficiency in order to complete the challenge;
e) you agree that Adults may only accompany up to four (4) under 18’s each, during the event;
f) you agree that Scooters and bikes with stabilisers are not suitable for this event and will not be permitted to participate; and
g) you agree that Your participation and that of any under 18’s in your care, is at Your own risk.
1.4 If You are a Participant of the BTC Main Challenge 3:
a) while there is no minimum age to participate in BTC Main Challenge 3, You accept that Adults accompanying under 18’s acknowledge that the minor’s in their care have the appropriate level of cycling proficiency in order to complete the challenge;
b) riders aged under 18 must be accompanied throughout the ride by a competent adult aged 18+ years;
c) you agree that Adults accompanying under 18’s accept responsibility for them at all times during the event;
d) you agree that Adults may only accompany up to four (4) under 18’s each, during the event;
e) you agree that Scooters and bikes with stabilisers are not suitable at this event and will not be permitted to participate; and
f) you agree that Your participation and that of any under 18’s in your care, is at Your own risk.
1.5 If You are registering for a BTC Challenge Event on behalf of an organisation:
a) you will ensure that the organisation complies with all applicable laws and regulations including all relevant Health and Safety laws and regulations;
b) you will ensure that all Participants in a BTC Virtual Challenge comply with all applicable laws and regulations;
c) you will ensure that the organisation has in place all necessary insurances, up-to-date Child Protection Policies, Health and Safety Policies and agrees to adhere to all aspects of those policies. Where requested by Us, You will provide Us with evidence of these policies and of Your compliance with them;
d) you must obtain all relevant consents from Participants and, where Participants are children, from their legal parent/guardian (where required under applicable laws) including: (a) permission to attend the event; and (b) any relevant photography or filming consents as detailed in paragraph f below;
e) you will ensure that all personal data relating to participants (and/or their legal parent/guardian) is kept and managed in accordance with all applicable data protection laws;
f) you hold valid up-to-date, legal documentation (including all necessary registrations, approvals or clearances) required to work with young people in the area in which You intend to take part in Your BTC Virtual Challenge;
g) you indemnify and hold harmless Us, Our officers, employees, agents, representatives and Our Affiliated Partners from all liabilities, claims, actions and/or damages arising out of or in any way in connection with Your hosting of and/or participation in a BTC Challenge; and
h) to the fullest extent permitted by law, You hereby waive, release and forever discharge Us, Our officers, employees, agents, representatives and Affiliated Partners for all liabilities claims, actions or damages that You may have against Us arising out of or in any way in connection with Your hosting of and/or participation in a BTC Challenge.
1.6 If You are a Participant of the BTC Virtual Challenge:
a) you agree your name can be displayed on public leader boards through Our website. You can withdraw your consent for your name to be displayed at any time by following the process set out in our privacy policy available here https://social-bite.co.uk/privacy-policy/;
b) you agree to inform Us of any changes to the information supplied in Your BTC Challenge registration form as soon as such changes occur;
c) you shall not be entitled to be a lead organiser of a BTC Virtual Challenge unless You are aged 13 years old or above at the time of registration;
d) you are solely responsible for Your actions and take full responsibility for the BTC Virtual Challenge You are hosting and agree that SBF is not responsible for any injury or illness that You or any other Participants may suffer as a result of Your/their participation in the BTC Virtual Challenge organised by You;
e) you acknowledge that participation in and/or organising a BTC Challenge is done so at Your own risk; and
f) you agree that any photography or filming of You or any other Participants is either (i) shared with Us; or (ii) if available in the public domain (for example, through publication on social media) you grant Us a perpetual revocable licence to use such filming and photography for promotional purposes only. Use of any photography or filming of You shall be in accordance with Our privacy policy available here: https://social-bite.co.uk/privacy-policy/.
2. EVENT SAFETY
In order to maintain the safety of the event, you acknowledge and agree that:
2.1 at all times during the BTC Main Challenges You must adhere to all instructions given by The Affiliated Partners and the Officials.
2.2 You are not permitted to use the following items in the BTC Challenge Events:
a) any pets or animals;
b) cycles without properly functioning front and rear brakes;
c) glass bottles and/or objects;
d) cigarettes, e-cigarettes, vapes or other tobacco products;
e) mobile phones while cycling. You must pull to the roadside and stop if You wish to make/receive a phone call; or
f) any other item that could potentially inhibit the flow or safety of other participants or which we, in our reasonable opinion, deem may cause danger or risk of danger to You or other participants or which The Affiliated Parties, in its reasonable opinion, deem may cause danger or risk of danger to You, other participants or spectators.
2.3 You warrant to SBF that You will be, on 4 September 2022, sufficiently fit and healthy to participate in the BTC Challenge Event unaided. If You are in any doubt SBF recommends that You seek medical advice.
2.4 Only Electric assisted pedal cycles (an “EAPC”) are permitted in the Event. Cycles of this nature must comply with EAPC regulations which include the following:
a) cycle must be fitted with pedals that are capable of propelling it;
b) maximum continuous rated power of the electric motor must not exceed 250 Watts; and
c) electrical assistance must cut-off when the vehicle reaches 15.5 mp;
2.5 You are responsible for providing and using a roadworthy bicycle and helmet. The wearing of helmets throughout BTC Main Challenges is compulsory and must be fastened properly at all times when cycling. Helmets must be in good condition. Scooters, bicycle’s with stabilisers and any devices other than what is reasonably considered a bicycle, are not permitted.
2.6 You agree to comply with any Government Legislation relating to Covid-19 measures and restrictions, on the date of the Event.
3. EVENT EJECTION
3.1 The Affiliated Partners reserves the right to refuse entry to the BTC Main Challenges or to ask You to cease participation in the Events if:
a) you fail to follow instructions given by any Officials;
b) you attempt to participate in the Event in a manner that The Affiliated Partners, acting reasonably, believes:
i) may cause injury to You or another participant;
ii) may damage or harm the environment;
iii) is likely to cause offence; or
iv) otherwise causes a risk or potential risk to health and safety;
c) in The Affiliated Partners’ reasonable opinion, You are unfit to participate in the Event due to:
i) the consumption or use of alcohol or drugs;
ii) an injury or illness;
iii) your failure to arrive at the start location at the specified time; or
iv) your inability to make sufficient progress in the Event to allow You to complete the Event in line with timelines set by Officials.
3.2 It is strictly forbidden throughout BTC Main Challenges to express, or to disseminate any insulting, racist, xenophobic, sexist, religious, political or other illegal/prohibited messages, particularly discriminatory propaganda messages or to be in possession of such material.
3.3 you will not receive a refund of any part of Your donations if You are ejected from the Event.
4. GENERAL BTC CHALLENGE TERMS AND CONDITIONS
4.1 When cycling or taking part in a physical challenge on streets and highways (BTC Main Challenge 60 and 20) You acknowledge this is potentially hazardous. You should be in a reasonable state of health and by registering You are confirming that You are in good health and are capable of taking part in the BTC Challenge.
4.2 SBF reserves the right to postpone the BTC Main Challenges to an alternative date in the interests of public safety. All changes will be publicised through the event website, social media and via email. Participants of the BTC Main Challenges will be transferred to the new event date.
4.3 SBF reserve the right to make changes and adjustments to the route at any point prior to the BTC Main Challenges event day. All changes will be publicised through the event website and social media.
4.4 SBF and Pennine Events are entitled to make adjustments to the routes on event day in an emergency situation without giving prior notice to participants.
4.5 The BTC Main Challenge Events’ service areas and finish area will close at a specified time, any Participant who has not reached the service areas or returned to the event finish by this set time are no longer the responsibility of SBF or Pennine Events. Participants do not need to inform SBF if they are not participating or completing the event.
4.6 We will take all reasonable steps to ensure that any personal data provided by You to Us is processed in line with our Privacy Policy.
4.7 If You can no longer attend the BTC Main Challenges and wish to transfer Your place to another individual You must contact SBF at info@social-bite.co.uk to request this no later than 22 August 2022.
5. CANCELLATION
5.1 Cancellation by You:
a) you should inform SBF immediately in the prescribed manner if You need to withdraw for any reason. If You do so, the initial donation will not be refunded and You acknowledge that You will not be permitted to roll-over the entry and the entry will be cancelled.
5.2 Cancellation by Us:
a) SBF reserve the right to make alterations to the time, date and location of the Event due to any Force Majeure Event which has a major impact on the Event taking place;
b) SBF may cancel, abandon or postpone the Event due to any Force Majeure Event;
c) in such circumstances: SBF will, if practicable, provide written notice of such cancellation, abandonment or postponement to the address it holds for You. In the event that written notice is not practicable due to the timescales involved, SBF will use reasonable endeavours to provide other suitable methods of notice including e-mail, mobile phone, text message, television and radio broadcasts; and
d) SBF will have no responsibility for any losses, expenses or costs incurred as a result of cancellation, including any travel or accommodation costs.
6. DONATIONS
6.1 Your donations may be subject to fundraising platform fees and transaction charges.
6.2 Your initial donation and all subsequent donations are non-refundable, including if, for any reason, We cancel the BTC Challenge You have registered for, or You otherwise decide to cancel Your participation in the BTC Challenge You have registered for or have organised.
6.3 Invoices for donations must be paid within 30 days of the invoice being issued.
7. INCENTIVES
7.1 SBF will use its reasonable endeavours to ensure any fundraising incentives are fulfilled however these cannot be guaranteed. You will be notified in an instance where a fundraising incentive you have qualified for can no longer be provided.
7.2 Fundraising incentives will be issued no earlier than 4th September 2022, with Virtual event incentives sent post-event.
7.3 Entries into the Prize Draw, to win the opportunity to name a Social Bite Village House, will not be accepted prior to 4th September 2022.
7.4 Social Bite reserves the right to change, alter or remove part or whole of some or all of the fundraising incentives as required or necessary.
8. OTHER
8.1 These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of Scotland and are subject to the exclusive jurisdiction of the courts of Scotland.
8.2 If there are any inconsistencies between these terms and conditions and the registration form to sign up to participate in the BTC Challenge, these terms and conditions will prevail.
8.3 These terms and conditions apply to the extent they are lawful under applicable laws. If any court or relevant authority decides that any of the paragraphs are unlawful, the remaining paragraphs will remain in full force and effect.
8.4 Team Names, either for the Main Challenge or Virtual Events, are subject to approval. Please do not select team names that may cause offence to others.