Definitions

“Main Ballot” means the first ballot entry system used by the Event Organiser to randomly determine who will be a Participant in the Event.
“Second Chance Ballot” means the second ballot entry system used by the Event Organiser to randomly determine who will be a Participant in the Event.
“Active” means Active Network LLC, 717 North Harwood, Suite 2500, Texas, 75201.
"Ballot" means the Main Ballot and Second Chance Ballot systems used to randomly determine who will be a Participant in the Event as described in these Terms and Conditions.
“Ballot Entry Confirmation” means confirmation that their Online Registration From has been successfully completed and they have been entered into the Ballot (sent via email from the Event Organiser and/or Active to the entrant);
 “Charity Partner” means the charity that the Participant has chosen to run and fundraise on behalf of in respect of the Event.
"Data Protection Laws" means the Data Protection Act 2018, Data Protection Directive (95/46/EC) and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (commonly known as the General Data Protection Regulation (the "GDPR")
“Event” means The London Landmarks Half Marathon intended to be held on 29th March 2020.
“Event Organiser” means LLHM Limited (registered number 10584979) registered address Nicholas House, 3 Laurence Pountney Hill, London, EC4R 0BB.
“Fee” means the cost of one place in the Event that is to be paid by the Participant in order to participate in the Event.
 “Online Registration Form” means the pages within the Website that must be completed by the Participant prior to participation to be entered into the Ballot.


“Fee Confirmation” means confirmation that the Participant’s Fee has been successfully processed and received by the Event Organiser (sent via email from the Event Organiser and/or Active to the Participant).


“Participant” or “you” means the named person on the Online Registration Form.
“Personal Data” means the Participant’s name, delivery address, email address, phone number, race number, t-shirt size, gender, medical conditions, emergency contact information, age, company name, and such other information collected on the Online Registration Form, and information about your use of the Website including details of your internet protocol address, operating system, browser version, cookie details, the content viewed, duration and your navigation of our Website.

“Parties” means the Event Organiser and the Participant.
“Privacy Notice” means the privacy policy available on the Website, which sets out how the Event Organiser processes the Participant’s personal data;
“Registration Date” means the relevant date for registration, which shall be the date the Participant receives the Fee Confirmation.
“Terms and Conditions” means these participant terms and conditions, relating to the Event, as set out below.
“Tommy’s” means the registered charity Tommy’s (charity number 1060508 and SC03se9280), registered address Nicholas House, 3 Laurence Pountney Hill, London, EC4R 0BB, who is the parent company of the Event Organiser.

“Website” means www.llhm.co.uk


   
Entry to the Event

1.1    These Terms and Conditions relate to the Event.
1.2    Entry to the Event shall be via the Ballot.
1.3    The Ballot shall be subject to this clause 1.  Where there is a conflict between this clause 1 and any other provision of these Terms and Conditions, this clause 1 shall apply.
1.4    Entry to the Ballot shall open on 18th June 2019 and shall close at 12 midday (noon) on 25th June 2019. To enter the Ballot visit www.llhm.co.uk/ballot and complete the Online Registration Form. Following completion of the Online Registration Form entrants shall receive a Ballot Entry Confirmation. If an entrant does not receive a Ballot Entry Confirmation their registration has not been successful and they will not be entered into the Ballot.
1.5    On 27th June 2019, the Event Organiser shall choose the names of the successful Participants at random. 
1.6    On or shortly after 27th June 2019, the Event Organiser will notify every entrant into the Ballot whether or not they have been awarded a place at the Event as a Participant. 
1.7    Those who were successful in the Main Ballot will be sent a link to complete their registration and to pay the Fee.  The Fee shall be paid to the Event Organiser through the payment method set out on the Online Registration Form.
1.8    Registration needs to be completed and payment of the Fee needs to be made for the Main Ballot by 12 midday (noon) on 4th July 2019.  Following the successful completion of the registration process by the Participant and clearance of the Fee and other costs (where applicable), the Participant shall receive the Fee Confirmation. If an individual does not receive a Fee Confirmation their registration has not been successful and they do not have a place in the Event. 

1.9    All participants who completed the Online Registration Form and were unsuccessful in the Main Ballot will be automatically entered into the Second Chance Ballot. 
1.10    On 5th July 2019, the Event Organiser shall choose the names of the successful Participants for the Second Chance Ballot at random
1.11    On or shortly after 5th July 2019, the Event Organiser will notify every entrant into the Second Chance Ballot whether or not they have been awarded a place at the Event as a Participant. 
1.12    Those who were successful in the Second Chance Ballot will be sent a link to complete their registration and to pay the Fee.  The Fee shall be paid to the Event Organiser through the payment method set out on the Online Registration Form.
1.13    Registration needs to be completed and payment of the Fee needs to be made for the Second Chance Ballot by 12 midday (noon) on 11th July 2019.  Following the successful completion of the registration process by the Participant and clearance of the Fee and other costs (where applicable), the Participant shall receive the Fee Confirmation. If an individual does not receive a Fee Confirmation their registration has not been successful and they do not have a place in the Event. 

1.14    If you fail to complete registration and/or pay the Fee by the specified deadline:
a.    you will automatically lose your place in the Event and will no longer be able to take part in the Event unless you gain a place from one of the Event’s Charity Partners;
b.    the Event Organiser may allocate your place at the Event to another prospective Participant or Charity Partner.

1.15    It is entirely within the discretion of the Event Organiser whether to accept late entries and/or payment. There are no rights of redress for failing to comply with these Terms and Conditions.
1.16    The Event Organiser may offer to unsuccessful Ballot entrants or Charity Partners any additional places at the Event which become available.  The Event Organiser will use the contact details provided for the Ballot.  Such further available places are available at the discretion of the Event Organiser. 
1.17    Only persons aged 17 years or above on 29th March 2020 may register for the Event. If you register through the Online Registration Form and the Event Organiser later finds out that you are not aged 17 years or above on the Event date, the Event Organiser reserves the right to exclude you from participation in the Event.
1.18    Participants shall receive an official numbered race bib in their race pack by post. Race packs will be delivered at least 3 days before the Event. If you have not received your race pack by this time please get in touch on [email protected]
1.19    The numbered race bib is personal to the Participant and the Participant undertakes and agrees (i) to wearing the official numbered race bib assigned to his/her registration; (ii) not to authorise or permit any third party to use their official numbered race bib in the Event; or (iii) not to allow any third party to participate in their place in the Event. If the Participant is found to be in breach of this clause the Event Organiser reserves the right to exclude you and the relevant third party from participation in the Event or future Events.


Refunds

2.1    Within 14 days of receipt of the Fee Confirmation, the Participant may request a refund in relation to the Fee, the processing fee or any iTaB order (if applicable or if the iTab order is made at a later date, 14 days following payment of the iTab order) if the Participant does not want to take part in the Event or no longer wants to proceed with any iTab order. Under no other circumstances may a Participant request a refund in respect of anything.
2.2     To request a refund in accordance with clause 2.1 please contact the Event Organiser on [email protected] 
2.3     Places cannot be deferred or transferred at any time.
2.4     No refunds shall be provided for any donations that are made during the registration process.


The Event

3.1   The Event shall start on Pall Mall and finish on Whitehall. 
3.2   The Event Organiser reserves the right to change the time, date, start/finish, venue and format of the Event and to cancel the Event, in whole or in part, without liability to the Participant. The Event Organiser shall use reasonable endeavours to notify the Participant of any change to or cancellation of the Event
3.3    The Event Organiser reserves the right to refuse entry to the Event (or to disqualify from the Event) any registered Participant not wearing their assigned official numbered race bib.
3.4    The race route has been officially measured by an accredited course measurer.
3.5    The Participant agrees to abide by the rules, instructions and regulations published and displayed in these Terms and Conditions or other documents or emails provided by the Event Organiser from time to time or given on the day of the Event by race marshals, officials and police.
3.6    Running times at the Event shall be recorded digitally.
3.7    The Participant agrees that they are able to complete the Event within 4 hours. The Event Organiser may at any time introduce cut-off times as they see fit as part of the Event rules, being limits on the time taken to complete sections of the Event to ensure the safe and proper running of the Event. Participants may be instructed to withdraw from the Event if they are unable to complete the race in accordance with imposed cut off times for the Event as a whole or certain sections of the Event.
3.8    No drugs, illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the Event or used by any Participant either before or during participation in the Event. The Event Organiser reserves the right to refuse attendance at, or participation in, the Event and/or any future Events by any persons found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind. 
3.9    Animals are not permitted on the course. 
3.10    The Event 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 or injuries resulting from taking part with such equipment in the Event.
3.11    Participants are not permitted to use the following items in the Event: wheel chairs, roller skates; wheel barrows; bicycles; buggies; stilts; skate boards; or any other item that could potentially inhibit the flow or safety of other Participants or which the Event Organiser, in its reasonable opinion, deems may cause danger or risk to the Participant, other Participants or spectators. If the Participant is found to be in breach of this clause the Event Organiser reserves the right to exclude you from participation in the Event or future Events.
3.12    Participants are not permitted to race in an outfit that the Event Organiser, in its sole discretion, deems unsuitable and/or dangerous to the Participant, other Participants or spectators. If the Participant is found to be in breach of this clause the Event Organiser reserves the right to exclude you a from participation in the Event or future Events.
3.13    Entries from blind or visually impaired runners are welcome. Guide dogs are not permitted on the course. All blind or visually impaired runners must be accompanied by a supporting runner, whose place will be offered free of charge. The Event Organiser strongly advises that such Participant and his/her guide should be appropriately identified, and must be linked together in a safe way. 
3.14    The Event Organiser reserves the right, in its sole discretion, to refuse to allow Participants to take part or continue participation in the Event, should Participants be deemed to behave inappropriately or give cause for concern that continued participation may cause offence or injury to the Participant, other Participants, spectators or other third parties. This includes the wearing of any clothing or visual messages that may cause offence to any person. 
3.15    Only Participants who finish the Event will be entitled to one finisher’s medal.


Participant Declaration


4.1    The Participant agrees to be bound by these Terms and Conditions. If the Participant does not agree to these Terms and Conditions, they may not enter the Event.  The Event Organiser reserves the right to change the Terms and Conditions from time to time prior to the Event. These Terms and Conditions were lasted updated on 30th May 2019. The Participant agrees to be bound by any such modification to.
4.2   The Participant acknowledges that participation in and training for the Event involves potentially dangerous physical activity and carries with it inherent risks and dangers which cannot be eliminated completely, which, without prejudice to the generality of this clause 4.2, may include  accidents, personal injury (ranging from minor discomfort to catastrophic injuries and death) and loss or damage to property due to falls, obstacles, contact with other Participants, the acts and/or omissions of other Participants, the effects of weather, traffic conditions and the conditions of any road. By completing and submitting the Online Registration Form, the Participant confirms that, to the best of their knowledge, they are healthy and fit to run, they understand and have considered and evaluated the nature, scope and extent of the risks involved (including, without limitation, those risks listed above), and have voluntarily and freely chosen to assume all risks associated with training for and participating in the Event (except where any such personal and bodily injury, including death, is caused by the negligence of the Event Organiser).  
4.3   The Event Organiser does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant.  The Participant is advised to obtain such insurance themselves if required.
4.4   Subject to clause 4.5, the Event Organiser shall take all reasonable steps to assess the safety and suitability of the course prior to the Event. The Event Organiser shall also arrange for the availability of an appropriate number of first aid and medical personnel according to the nature of the Event.  The Participant hereby authorises such medical personnel (both on-site or on-call) to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in and/or attendance at the Event, but shall not be liable for such treatment or transportation by such third party.  The Participant shall be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event.
4.5    The Participant acknowledges and agrees that the Participant shall indemnify and hold harmless the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by the Event Organiser (including legal and professional fees and those paid to the Participant’s insurers)  arising in connection with any act or omission of the Participant or any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at, participation in, or training for the Event.
4.6    These Conditions are personal to the Participant and the Participant acknowledges and agrees that it may not assign any of its rights or obligations.  Participant represents and warrants that their place is for personal use only, that their place in the Event cannot be donated free of charge or otherwise given away for free and that their place in the Event is not purchased as part of any form of business or commercial activity (except as agreed to in advance by the Event Organiser). The Participant’s place may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion or use as a prize.  


Liability

5.1    Subject to clause 5.3, the Event Organiser shall not be liable for any of the following:
a)    technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organiser of an Online Registration Form and/or payment of the Fee;
b)    damage to, or loss of, the official numbered race bib. In the event the race bib is lost or damaged please contact the Event Organiser on [email protected]; or
c)    any losses the Participant suffers as a result of the Event Organiser’s breach of these Terms and Conditions. For the avoidance of doubt, the Event Organiser shall not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business or anticipated savings or loss of data; goodwill or reputation; or any special or indirect or consequential losses.
5.2    If at any time it is discovered that any Participant should have been ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever) the Event Organiser reserves the right to disqualify from/refuse entry to such Participant to the Event. Further, the Event Organiser reserves the right to reject at any time any Online Registration Form which is believed to be fraudulent or to disqualify any Participant believed to have not complied with the Terms and Conditions from attending, or participating in any future Events. The Event Organiser shall not be liable in any way to the Participant as a result of any such disqualification or refusal.
5.3    Nothing in the Terms and Conditions shall affect the Event Organiser’s liability:
a)    for death or personal injury resulting from the negligence of the Event Organiser or a deliberate act or omission of the Event Organiser, its employees or agents;
b)    for breach of statutory duty;
c)    for fraudulent misrepresentation; or
d)    to the extent that liability cannot be excluded or limited by law.  


How We Use Personal Data

6.1    For the purposes of the Data Protection Laws the controller of any personal data processed under these Terms and Conditions is the Event Organiser. The Event Organiser is a wholly owned subsidiary company of Tommy’s, a registered charity in England and Wales with registered charity number 1060508. LLHM Limited has been set up by Tommy’s to run and manage the Event.
6.2    The Event Organiser takes its responsibilities under the Data Protection Laws seriously and will only process your Personal Data in accordance with its obligations under the Data Protection Laws. More information about how the Event Organiser processes personal data is set out in its Privacy Notice, which is available on the Website or through this link https://www.llhm.co.uk/privacy-policy. You may contact the Event Organiser about the processing of any Personal Data by emailing [email protected] 

6.3    The Event Organiser will only process your Personal Data in order to provide services in relation to the Event. Consequently, it may be necessary for the Event Organiser to share your Personal Data with third parties (such as in the administration and organisation of the Event and future Events). For example, the Event Organiser has partnered with Active a business which provides the Online Registration Form. More information about who the Event Organiser shares personal data with is set out in the Privacy Notice.  

6.4    Some recipients of your Personal Data may be located outside of the EU. Where the Event Organiser transfers Personal Data to any third party outside of the EU, the Event Organiser will ensure that your personal data is subject to appropriate protection in accordance with the Data Protection Laws. More information about international transfers of personal data is set out in the Privacy Notice.  

6.5     The Participant consents to the Event Organiser, and any of its third parties involved the Event, having the right and licence to interview and/or photograph and/or film the Participants at the Event (or before or subsequent to the Event as the Event Organiser may reasonably require) and to use such interviews, photographs and filming, the Participant’s name, likeness and image, 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 race times and results) in all current and future media, in any form, anywhere in the world in connection with the production, advertisement, marketing or promotion of the Event Organiser, the Event and any subsequent Events in the future.

6.6     The Participant consents to the Event Organiser having the right to publish the Participant’s race times, which shall include the Participant’s name, finish time and photos linked to their chip timing on the Website.

6.7     The Participant consents to the Event Organiser sending the Participant information about and in relation to the Event, both before and after the Event. For the avoidance of doubt this Event information may include the Participant start time and wave colour. 

6.8     The Event information referred to in clause 6.7 may include information from the Event sponsors and partners whose financial contributions to the event help subsidise the entry cost and provide valuable benefits to the event participants.  All Event information provided in accordance with clause 6.7 shall be communicated by the Event Organiser who will not share the Participant’s data with Event sponsors or partners. The Event Organiser will only share the Participant’s data with Event sponsors and partners where the Participant has actively consented to being contacted by the Event sponsors and partners.

6.9     Clauses 6.5 - 6.8 are conditions of entry into the Event. Please see paragraph 9 (Consent and Legitimate Interest) of the Privacy Policy for further information.

6.10    To opt-out of receiving any communications from a third party, you will need to contact the applicable third party. The Event Organiser is not responsible for the communications or the content of any communications you receive from any such third party.
6.11    The Event Organiser takes the health of all participants taking part in the Event extremely seriously and where it is considered necessary in order to protect the vital interests of the Participant, may:
a)    use any medical information supplied to treat or otherwise assist the Participant as a result of illness or injury at the Event;
b)    provide the Participant's medical information to any Event medical provider, or any doctor or hospital for the purpose of providing the Participant with treatment; and
c)    use any emergency contact information provided by the Participant to inform the emergency contact of any incident at the Event. More information about the ways in which the Event Organiser processes personal data is set out in the Privacy Notice. 
6.12    The Participant will inform the Event Organiser of any changes to the information supplied in their original Online Registration Form and particularly any changes concerning a medical condition and/or contact details. 
6.13    The Event Organiser acknowledges that the Participant has specific rights under the Data Protection Laws such as the right of the Participant to obtain a copy of his or her personal data which is held by the Event Organiser or the right of the Participant to have personal data deleted in certain circumstances. If you wish to exercise any your rights under the Data Protection Laws please contact the Data Protection Officer, Rachel Hodson, in writing at: [email protected] or the Event Director, Lia Bowman, at LLHM Ltd, Nicholas House, 3 Laurence Pountney Hill, London, EC4R 0BB. More information about your rights under the Data Protection Laws is set out in the Privacy Notice. 

General Provisions

7.1      If any provision in the Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.
7.2     These Terms and Conditions shall be subject to the law of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
7.3     A person who is not a party to the Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.
7.4     The Participant may not assign transfer or deal in any other manner with these Terms and Conditions or any of its rights under it without the prior written consent of the Event Organiser. The Event Organiser may assign or transfer its rights and obligations under these Terms and Conditions without the consent of the Participant.
7.5     These Terms and Conditions and the documents referred to herein constitute the entire agreement and understanding between the Parties and supersede any previous agreement between the Parties relating to the subject matter herein. The Participant acknowledges that it has not, in entering into these Terms and Conditions, relied on any statement, representation or assurance that is not expressly set out in these Terms and Conditions or any document referred to herein.