- 2023年6月8日(木) ～
2023 NIKE MELBOURNE MARATHON FESTIVAL TERMS & CONDITIONS
In consideration of and as a condition of acceptance of entry in the 2023 NIKE MELBOURNE MARATHON FESTIVAL Marathon (42.195km) race, Half Marathon (21.1km) race, 10km Run, 5km Run, 3km Walk and/or Wheelchair Marathon (42.195km) race, (each, a “Race Category” and collectively, the “Event”) on Sunday, 15 October 2023, I acknowledge and agree with the following:
1. 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 in the Event.
1. 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; and (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.
3. I hereby represent that I will immediately inform IMG and take any and all precautions set forth or recommended by IMG and its representatives, applicable laws, rules, regulations, policies, regulatory authorities and/or medical professionals if 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.
4. 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 exposure, 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, 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, the “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 IMG 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.
1. 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, without limitation, any loss of personal property and the Risks (including those pertaining to COVID-19 and/or any resulting Harm(s)).
1. 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.
2. 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.
8. 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.
9. I understand that IMG reserves the right to refuse my application to register for any Race Category of the Event at any time for capacity/field limit, safety, insurance or any other reason.
1. 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.
2. 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.
12. If competing in the Marathon race (as part of the Event), I will be 18 years or older on the day of the Event. If competing in the Half Marathon race (as part of the Event), I will be 16 years or older on the day of the Event. All children (under the age of 13 years on the day of the Event) must be accompanied by an adult in the 10km Race, 5km Race and 3km Walk (as part of the Event) on the day of the Event.
13. I undertake to comply with all applicable regulations, by laws and rules of Sport Integrity Australia (SIA) formerly known as 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.
14. 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.
15. I understand that IMG reserves the right to alter the course, start times 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.
16. I acknowledge 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 is prohibited at the Event.
17. In connection with the Event, I agree not to mislead Events officials, obtain an advantage by deception or otherwise act dishonestly.
18. 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 the sponsor’s brand, products or services and/or its association with the Event.
19. I acknowledge that the official Event results list, published publicly, will display my name, corresponding Event number, nominated 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 the day of the Event as I complete the Event course.
20. I acknowledge that a third party merchandise provider shall provide Event merchandise and if I opt in to purchase merchandise as part of my registration for the Event, my personal details including name, email and shipping address may be shared with that provider for the purposes of fulfilling the shipping and/or collection requirements for that merchandise purchase. In the event that I withdraw from the Event, opt not to participate in the Event, or the Event is cancelled or postponed, I acknowledge that merchandise purchases are non-refundable.
21. I acknowledge that whilst gender nomination provides no barrier to participating in the Event and receiving official race results, nomination as non-binary or any alternate gender term may affect how my race results are categorised on filtered results tables and leader boards.
22. Advertised prize money for elite athletes is currently only available for the male and female categories. Event and category awards and any associated prize money is awarded at the discretion of IMG.
23. 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 Week Office located at the MCG 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 Walk no timing chip will be attached to my race bib as the 3km Walk is not timed.
24. 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.
25. Mail out of Event race bibs will begin after Early Bird Registration closes on Wednesday, 7 June 2023. Latest expected arrival, not withstanding supply chain issues, may be around September 2023. I acknowledge that if I enter the Event after the 8 June 2023 (and do not select bib postage as part of the Advance Ticket) or I am an international participant, I will be required to collect my race bib from the Event Race Week Office located at the MCG between Thursday, 12 October 2023 and Saturday, 14 October 2023.
26. Priority mail out of Event race bibs will begin after Advance tickets close at 11:59pm on Wednesday 26 July 2023. Latest expected arrival, not withstanding supply chain issues, may be around September 2023. I acknowledge if I do not purchase priority postage, or I am an international participant, I will be required to collect my race bib from the Event Race Week Office located at the MCG between Thursday, 12 October and Saturday, 14 October 2023.
27. If after I have entered the Event I wish to change Race Categories, I can make changes only as follows:
1. Until 11:59pm on Friday, 13 October 2023, I may change Race Category by logging into the ‘My Events Portal’ in the registration platform and selecting ‘Category Change’. A $10 category change transfer fee will apply. If I change into a Race Category with an entry fee of greater value, I acknowledge that I will be required to pay an additional fee equal to the difference between the entry fee I originally paid and the current entry fee of the alternative Race Category. If I change to a Race Category with an entry fee of lesser value, I will not be entitled to a refund for the difference.
2. From 12am on Saturday, 14 October 2023 onwards, I may apply to change Race Category only by attending the Event Race Week Office located at the MCG. If I am accepted into another Race Category, I acknowledge that I will not receive any refund of my original Event entry fee. No changes will be permitted after the Event Race Week Office has closed on Saturday, 14 October 2023.
Race Category changes are strictly limited by the maximum capacity for each Race Category and are not guaranteed. If I have received my original Race Category bib in the mail, it is my responsibility to swap my bib to the correct Race Category bib at the Event Race Week Office located at the MCG during opening hours between Thursday, 12 October 2023 and Saturday, 14 October 2023.Failure to do so will result in my race time not being recorded.
28. Up until 11:59pm on Monday, 7 August 2023, I may withdraw from the Event by completing the withdrawal form on the Event website. I acknowledge that I will receive a refund of my Event entry fee (or part thereof) that I have paid less an admin fee of $30 or $15 (depending on event category). After this date, I acknowledge I will not receive any refund of my Event entry fee.
29. I may elect to opt in for the first round of the payment plan option for the Event entry fee (Payment Plan) before Monday, 24 April 2023. The second round of payment plans will become available on the Thursday 27 July 2023 and will end on Wednesday 30 August. If I opt in for the Payment Plan, I agree to pay the Event entry fee to IMG as follows: (i) fifty per cent (50%) of the Event entry fee payable at the time of registration for the Event; and (ii) fifty per cent (50%) of the Event entry fee payable no later than four (4) weeks after the date of registration for the Event, which will be automatically billed using the same payment method I used for the payment in subclause (i). I acknowledge that if I fail to pay the Event entry fee or any part of it in accordance with these Terms and Conditions, IMG is entitled to immediately cancel my registration for the Event by written notice to me and I shall forfeit: (i) any right to participate in the Event; and (ii) any part of the Event entry fee previously paid.
30. Without limiting any non-excludable rights or remedies which I may have under the Australian Consumer Law, I acknowledge that my Event entry fee is strictly non-refundable except as set out in these terms and conditions and/or as required by law:
1. (i) 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, I will be notified with as much notice as reasonably practicable. No refund in whole or in part of my Event entry fee shall be provided for any such alteration or change to the Event. (ii) IMG reserves the right to re-schedule the Event to another date, in which case my Event entry will be valid for the new date. If I am unable to attend the rescheduled Event, I will have a reasonable time (to be advised by IMG) to rollover and credit my registration and Event entry fee to the 2024 Event or obtain a refund of my Event entry fee. (iii) IMG reserves the right to cancel the Event for any reason, including (but not limited to) circumstances beyond its reasonable control. Other than where the Event is cancelled due to COVID-19 or Government Directives (as provided in sub-paragraph (c) below), in the event of cancellation of the Event in its entirety, I will be eligible to rollover and credit my registration and Event entry fee to the 2024 Event or receive a refund of my Event entry fee.
2. I acknowledge that the Event may be scheduled during a time at which the pandemic and/or public health emergency arising from COVID-19 or a state of emergency, one or more State or Commonwealth Government directions, regulations or laws, including directions regarding the number of persons who are permitted to attend the Event (“GovernmentDirective”) may impact on IMG’s ability to hold the Event. If IMG is required or decides to cancel or postpone the Event because of COVID-19 or a Government Directive, I agree that (notwithstanding any other provision of these Terms and Conditions) my registration and Event entry fee will be automatically rolled over and credited to the 2024 Event and I will not be entitled to receive a refund of my Event entry fee.
3. Other than as specifically set out in this paragraph 30 and without limiting any non-excludable rights or remedies which I may have under the Australian Consumer Law, IMG will not be liable to me 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, relocation or change to the Event or any part thereof (including any travel or accommodation expenses) and all of IMG’s liability is limited to the amount for which the ticket was purchased.
31. 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 and contact details I agree to receive regular updates from IMG in order to stay informed about the Event.
32. 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.
34. I acknowledge that third party providers shall or may provide goods and services to Event participants in relation to the Event (“Third Party Providers”). I acknowledge that in purchasing any goods or services from any Third Party Provider I am entering into an agreement with that Third Party Provider (and not with IMG) and in the event of non-fulfilment of any goods or services, all my rights to take action are against that Third Party Provider (and not against IMG). I agree and acknowledge that I will comply with any separate terms and conditions set by any Third Party Provider in respect of the purchase of any such goods and/or services. Such Third Party Providers may include (without limitation) the following:
35. MiTime Group Pty Ltdshall create personalized timing results tabs for official race medals and if I opt in to purchase a MiTime as part of my registration for the Event, my personal details including name, timing result, email and shipping address will be shared with that provider for the purposes of fulfilling the shipping and/or collection requirements for that purchase. In the event that I opt not to participate in the Event, I acknowledge that MiTime purchases are non-refundable.
36. I understand that these terms and conditions shall be construed according to the laws of the State of Victoria, Australia.
37. I understand that as a parent or guardian for a participant in the Event (if applicable), I agree to the above for myself and on behalf of my dependant. In consideration of IMG agreeing at my request to accept the entry of a minor race participant, I further agree for myself, the participant, their heirs, executors and administrators to indemnify and keep indemnified IMG (and their directors, officers, employees, volunteers, sponsors, contractors and agents) against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the participant and/or I may have in respect of any death, injury, damage or loss sustained by the participant as the result of the participant’s participation in the Event. I affirm that I have full authority on behalf of all living parents and/or guardians to accept these Terms and Conditions(including providing the above indemnity) for and on behalf of the participant, and that this provision may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
38. I certify that I am 16 years or older or that I am the parent/legal guardian of a participant who is under the age of 16 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.
39. I acknowledge that these Terms and Conditions may change from time to time at the discretion of IMG without notice to me.
As a participant in the 2023 Nike Melbourne Marathon Festival you acknowledge and confirm:
・ I understand that even with extensive protocols and measures in place at the Nike Melbourne Marathon Festival, that there does remain a risk of COVID-19 or other viral illness transmission at the event.
・ I’m fully aware of the current Victorian Government latest public health advice in relation to COVID-19 Department of Health and Human Services Victoria | https://www.dhhs.vic.gov.au/coronavirus
・ I understand that I must comply with Victorian Government vaccination requirements as directed at the time of the event.