STRIVE X NECKER ISLAND 2024 PARTICIPANT TERMS AND CONDITIONS
1. STRIVE
1.1. Strive X Necker Island is a multi-discipline challenge (the “Event”) that will see individuals (‘Strivers”) stay on Necker Island and participate in different activities on Necker Island and around the wider British Virgin Islands
1.2. The Event is organised and operated by Necker Island BVI Limited, a company incorporated in The British Virgin Islands (“Necker”), and is scheduled to take place between 16 – 22 August 2024.
1.3. Whilst Necker does not intend to make significant changes, Necker reserves the right to change the time, date, route, rules, regulations or format of the Event and to cancel the Event, in whole or in part, without liability to any party. Necker will give Strivers notice of any such changes as soon as reasonably possible.
2. Strivers, Entry and Entry Fee
2.1. Strivers must be aged 16 or over to enter.
2.2. All Strivers are responsible for their own travel arrangements to and from the Event start/finish nominated local airport (or when they have chosen to join/depart the Event), at their own cost. The Event Organiser will provide instructions for the local meet point and time of registration for the Event start
2.3. To enter, please request a Registration Form (“Form”) from Noah.Devereux@virgin.com and submit; the registration form along with payment of the applicable entry fee using the RFP that will be sent out in conjunction with the Form. Note that a Striver’s place will only be confirmed once the Entry Fee has been received by Necker and you have received a confirmation email
2.4. The Entry Fee is non-refundable and non-transferable (except as set out in clause 4 below).
3. Event Rules
3.1. Necker requires all Strivers to provide a signed release of liability (to be provided to each Striver prior to the Event) (the “Release of Liability”). Necker reserves the right to request that a medical certificate be produced by Strivers before he/she is able to participate in the Event to confirm that the Striver is fit and able to participate in the Event.
3.2. Necker reserves the right to remove any Striver from the Event at any time (at Necker’s discretion) including, without limitation, for breach of these terms and conditions or due to ill health of the Striver that may render him/her unfit to safely complete the Event or which, at the sole discretion of Necker, poses a threat to the health and/or safety of others, including (without limitation) another Striver and/or the Event support team.
3.3. No illegal substances are permitted to be used by any Striver either before or during participation in the Event. Necker reserves the right to refuse attendance at, or participation in, the Event by any persons found to have consumed or to have in their possession any illegal substances of any kind.
3.4. Necker shall use reasonable endeavours to provide the Striver with certain items of event kit (see Event Info Guide). Where Necker is unable to provide all relevant pieces of kit for the Event, Necker shall provide each Striver with a list of kit that the Striver is required to source themselves at least one month before the Event. It is each Striver’s responsibility to ensure that they have all kit necessary to participate in the Event.
3.5. As a continuing condition of entry each Striver shall ensure that, for the duration of the Event:
3.5.1. he/she complies with any and all procedures that may be put in place from time to time relating to COVID-19, health and safety, and the Event, including, but not limited to, procedures notified to you by:
3.5.1.1. Necker;
3.5.1.2. Virgin Limited Edition;
3.5.1.3. local government; and/or
3.5.1.4. any other third party involved in the organisation and hosting of the Event, and
which may include (without limitation) requirements such as temperature testing, the wearing of masks and social distancing.
3.5.2. he/she follows the Event route as signed/instructed at all times, and does not deviate from the official Event route;
3.5.3. he/she will provide their own safety approved cycle helmet which is to be worn at all times when cycling;
3.5.4. he/she will wear buoyancy aids provided by the Event Organiser at all times when asked;
3.5.5. he/she acknowledges the recommended kit list of the Event and is responsible for bringing appropriate clothing and equipment to participate in the Event;
3.5.6. he/she participates responsibly and safely and abides by all Event rules and regulations notified by Necker;
3.5.7. where applicable, he/she shall hold, and cover all associated costs with, valid and proper legal identification documents (e.g. passport and, where necessary, visas);
3.5.8. he/she holds suitable personal and travel insurance which covers, amongst other things, loss or damage to personal belongings, helicopter rescue, open water swimming and treatment and repatriation costs in the event of injury/medical emergency (and will produce evidence of the same to Necker upon request) Necker strongly advises Strivers to purchase adequate travel insurance which gives full cancellation cover.
4. Withdrawals, Cancellations and Transfers
4.1. Necker shall not be liable for any loss, damage or expense caused by cancellation, curtailment or change of schedule of the Event due to, without limitation, government action, war, strike, royal death, civil commotion, terrorism, national disaster, pandemic (including COVID-19) or other force majeure or cause beyond the reasonable control of Necker (a “Force Majeure Event”) nor shall it be liable for failure to comply with any of its other obligations under this Agreement due to any Force Majeure Event.
4.2. Notwithstanding clause 2.4 and clause 4.1, if the Event is cancelled by Necker or aborted by Necker as a result of a Force Majeure Event, Necker, at its sole discretion, may refund all or any portion of a Striver’s Entry Fee but, for the avoidance of doubt, shall under no circumstance have any obligation to offer such refund(s).
4.3. If the Striver wishes to, or is required to due to health reasons, withdraw from the Event, he/she is allowed to transfer their place to another individual with the consent of Necker. To transfer his/her place to another individual, Necker must receive a written request and the new Striver must agree to comply with all of the terms and conditions set out herein. Necker reserves the right to refuse any such transfer at its discretion.
4.4. Necker reserves the right to cancel the Event at any time if a Force Majeure Event occurs or if, in the opinion of Necker, a Force Majeure Event is likely to occur.
4.5. Necker also reserves the right, in lieu of cancellation of this Agreement (due to a Force Majeure Event or otherwise), to reschedule the Event. If the Event is rescheduled, the Entry Fees, at Necker’s sole discretion, may be carried over to the new Event and Necker will notify Strivers of the arrangements and of any increase or decrease in the Entry Fee as a result of the reschedule.
4.6. Necker shall not have any liability to Strivers in connection with their stay on Necker Island.
5. Striver’s Warranties and Undertakings
5.1. The Striver agrees to be bound by these terms and conditions and all other Event rules and regulations notified to him/her by Necker, Virgin Limited Edition and/or any other third party in connection with the Event.
5.2. Strivers acknowledge and agree that Necker will organise and run the Event and will have authority and be the final arbiters on all decisions relating to all aspects of the Event, including health and safety, logistical operations, and participation.
5.3. The Striver agrees at all times during the Event to abide by the reasonable instructions and guidelines of Necker’s staff, nominated representatives, and contractors and to behave appropriately at all times.
5.4. The Striver understands that if they contravene the decisions or advice of Necker’s staff, nominated representatives, and contractors or undertake independent activities during the Event, it will terminate all protection and duty of care from those parties.
5.5. The Striver confirms that he/she will not take part in the Event if he/she is suffering from, or reasonably suspects to be suffering from, any contagious illness, including COVID-19, and confirms that he/she will report any illness during the Event to the Event medical team immediately.
5.6. The Striver confirms that in the event of an accident or illness during the Event, he/she gives permission for Necker or their nominated qualified medical team representatives to initiate medical treatment. They also authorise them to inform his/hers next of kin in case of hospitalisation, as well as be provided with key medical information on their condition from hospital staff
5.7. The Striver confirms that he/she understands that the Event involves substantial and sustained physical exercise in remote areas and open roads and trails.
5.8. The Striver agrees that he/she is responsible for their own fitness to take part in the Event, and will consult a doctor prior to the Event if necessary
5.9. The Striver confirms that, to the best of their knowledge, he/she has given a true and accurate description of their medical history and current condition. He/she understands that they are responsible for informing Necker of any change in medical condition, including pregnancy, which may arise between now and the Event date, and also during the Event.
5.10. The Striver confirms that he/she will not publish or post on any website or other media (including fundraising webpage) any text, statement, photograph, image or other material which relates to the Event and/or sponsors of the Event which is obscene, blasphemous, defamatory, infringes the intellectual property or other legal rights of any third party or is otherwise unlawful, offensive or inappropriate.
5.11. The Striver agrees not to take, record and/or transmit any sound, image and/or description of the Event other than for private and domestic use unless with prior written agreement from Necker
5.12. The Striver agrees to treat:
5.12.1. all parties involved in the Event, including the identities of the other Strivers;
5.12.2. anything said (whether true or not) and done during the course of the Event;
5.12.3. the terms of this Agreement; and
5.12.4. any other documentation relating to the Event or Necker,
as private and confidential.
5.13. The Striver agrees to not use the Event to promote or endorse any investment, product, project, company, charity or not for profit without Necker’s prior written consent.
6. Striver Image Release
Necker reserves the non-exclusive right and license throughout the world (and Striver hereby grants Necker such non-exclusive right and license at no cost) to interview and/or photograph and/or film the Striver at the Event (and before and after the Event as Necker may reasonably require) and to the unlimited, worldwide, sub-licensable right (at no cost) to record, film, reproduce and use in all current and future media (including without limitation, print, audio, visual, audio-visual, virtual media, the internet, mobile telephony and so-called “3-G” technologies, CD-ROM or DVDs) the Striver’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Striver, and any biographical or other information or data related to the Striver (including ride times and results), in connection with the production, advertisement, marketing, promotion or sale of Event sponsor products and/or the promotion, marketing or advertisement of the Event, Necker or any Event sponsor
7. Privacy Statement
7.1. The Striver agrees and consents to Necker using his/her personal details provided for the following purposes:
7.1.1. Event administration
7.1.1.1. As the event organiser, Necker requires a record of all Strivers’ registration details including third party emergency contact details for internal administration purposes in order to properly conduct and to safely administer the Event.
7.1.1.2. Necker will also keep records of medical information provided that it is kept confidential and may be shared only with medical personnel or teams allocated to the Event. Such information shall be deleted within a
reasonable time following the completion of the Event unless you agree that we may use such information for future BCCT events, which are staged within a reasonable timeframe thereafter.
7.1.2. E-mail/SMS communications
7.1.2.1. Necker will use the Striver’s contact data submitted on the registration form to send the Striver information by e-mail and/or SMS relating to the Event, other Necker events and any further categories of news and promotional information as the Striver may have requested on the registration form.
7.1.2.2. The Striver acknowledges and agrees that Necker may send an e-mail or SMS notification following the Event inviting the Striver to submit or renew his/her registration for any future Necker events.
7.2. All information relating to Strivers collected by Necker from which each Striver can be identified will be recorded electronically and will be used at all times in accordance with the General Data Protection Regulation (2016/679/EU) and all applicable laws and regulations relating to the processing of personal data and privacy. Necker will only disclose such information to a third party in connection with the safe organisation, staging and administration of the Event, including but not limited to, medical teams, timing teams and race pack fulfilment. Save as expressly stated under these Terms and Conditions, Necker will not disclose information to any third parties.
7.3. To delete all of their information from Necker’s database, Strivers may email us directly at headofprivacy@virginlimitededition.com in circumstances where the Striver requests deletion of his/her Striver’s profile, Necker reserves the right to maintain information about individual sales transactions (not including credit card details) and any documentation relating to medical treatment required during the Event for record keeping. The Striver’s attention is also drawn to clause 7.4 below.
7.4. Subject to the Striver’s right to modify or request the deletion of data from Necker’s database, the Striver hereby acknowledges that it is a strict condition of participation in the Event that all mandatory fields within a Striver’s profile are complete and correct at all times. These fields include, without limitation, gender, first name, surname, date of birth, passport number and expiry date, medical condition information and emergency contact details. The Striver hereby acknowledges and agrees that this information is required by Necker in order to properly and safely administer and conduct the Event, and Necker reserves the right to refuse an applicant or a Striver entry to the Event in circumstances where that person either requests the deletion of such mandatory information from their Striver’s profile, or provides false or incomplete information.
8. Governing Law
8.1. These terms and conditions constitute a legally binding contract between the Striver and Necker and, together with the Release of Liability, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the Event.
8.2. If there is an inconsistency between any of the provisions of these terms and conditions and the provisions of the Release of Liability, the provisions of the Release of Liability shall prevail.
8.3. If any provision in these terms and conditions (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
These terms and conditions shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts.