Eurostar Tri-City-Athlon :Terms & conditions (event & competition)

Competition terms and conditions

Eurostar Group Limited: "Eurostar TRI-CITY-ATHLON"

Competition terms and conditions

This is a competition to win a place to take part in a unique triathlon event to be run across three European cities in one day (the Eurostar Tri-City-Athlon). Details on how to enter the competition and the prizes available to Prize Winners (and others) who compete in the Event are set out in the Competition Terms and Conditions below.

Definitions:

"Closing date"	means 5.00pm BST on Wednesday 9 June 2010;
"Competition"	means this competition to win a place to compete at the Event;
"Competition prizes"	means 60 prizes, each of them consisting of the right to compete in the Event (subject to applicable terms) and other benefits as detailed in these Competition Terms and Conditions;
"Competition question"	Why should Eurostar select you to take part in the Event? Successful entrants will demonstrate in their video or visual/written answer to the Competition Question why they share in Eurostar's Vision for the London 2012 Olympic Games;
"Competition terms & conditions"	means these terms of conditions;
"Eurostar"	means the Promoter, Eurostar International Limited and its subsidiaries from time to time;
"Eurostar's vision for the London 2012 Olympic Games"	For us at Eurostar, the London 2012 Olympic Games is all about inspiration. It's about the belief that anything is possible; that there are no limits to what humanity can achieve. So the people that will win places for the Event will be the people who inspire us most, and who we believe could inspire others. This might be because you believe you will be able to complete the Event successfully by overcoming some adversity; it might be because of something you have done in the past; or it might be something you are going to do in the future. Whatever it is, if you are one of the top 20 people in your Territory who inspire us and our judges the most, you'll be on that train and lining up to represent your country in the Eurostar Tri-City-Athlon;
"Event"	means the Eurostar Tri-City-Athlon planned to take place on 14 September 2010 - a private access triathlon of which the three different legs will be completed in three countries in one day, and which will be open to selected individual and corporate competitors invited by Eurostar as well as the Prize Winners;
"Event organiser"	means International Management Group UK Limited whose registered office is at McCormack House, Hogarth Business park, Burlington Lane, Chiswick, London W4 2TH;
"Event prizes"	entrants to this Competition that are selected as a Prize Winner to compete at the Event will, alongside others, be eligible for the Event Prizes which consist of: 1st prize for the male and female competitors who complete the three legs of the Event in the fastest time will receive the travel package described in clause 16 below; 2nd Prize for the male and female competitors who complete the three legs of the Event in the second fastest time will receive the travel package described in clause 16 below; 3rd Prize for the male and female competitors who complete the three legs of the Event in the third fastest time will receive the travel package described in clause 16 below;
"Event terms & conditions"	means the Event terms of conditions that each Prize Winner must confirm their acceptance of as a requirement for participation in the Event, a copy of which are attached at Schedule 1 to these Competition Terms and Conditions;
"Media submission"	has the meaning set out in paragraph 5 below;
"Microsite"	means www.eurostar.com/tricityathlon;
"Minimum athletic criteria"	means an ability to complete: (a) a 1,500m swim in 00:45:00m; (b) a 40km bike ride in 01:40:00m; and (c) a 10km run in 01:10:00;
"Prize winner"	means a winner of a place to compete in the Event;
"Promoter"	means Eurostar Group Limited registered in England under company number 3794642, with its registered office at Times House, Bravingtons Walk, London N1 9AW;
"Promotion period"	means from 9.00am BST on 12 May 2010 until the Closing Date;
"Territories"	means the following 3 eligible territories: the United Kingdom; mainland France; and Belgium;

The promoter

1. The Promoter of this competition is: Eurostar Group Limited which is being run in association with International Management Group UK Limited (the "Event Organiser").

Entrants bound by terms and conditions
2. By entering this competition, the entrant will be deemed to have read, understood and accepted these Competition Terms and Conditions and the Event Terms and Conditions and agreed to be bound by them. Acceptance of these Competition Terms & Conditions is a condition of entry into the competition and, for Prize Winners, into the Event.

Entry eligibility

3. This competition is only open to amateur athletes who (i) are legal residents of one of the Territories; and (ii) hold an up-to-date passport valid for travel throughout the Event and are able to comply (at their own cost) with all relevant visa requirements for travel to and from and between the Territories from the date of their entry until the end of the Event; (iii) are aged 18 years or over on the date of entering the Competition and (iv) meet and provide confirmation that they meet the Minimum Athletic Criteria. Professional and elite athletes are not eligible to enter this competition but may apply separately to enter the elite competition planned to be run at the same time as the Event. Employees of Eurostar, their affiliate companies, their families or agents or anyone associated with this competition are not eligible to enter this competition.

Relevant dates and times

4. The competition runs from 9.00am BST on Wednesday 12 May 2010 until 5.00 pm BST on Wednesday 9 June 2010. ("Closing Date") (together the "Promotional Period").

How to enter the competition

5. To enter, the entrant must, during the Promotional Period, (i) complete the official competition entry form on the Microsite by providing all requested details, (ii) read these Competition Terms and Conditions and (iii) upload a one minute video of yourself which shall provide your answer to the Competition Question OR up to three pictures of yourself or something relating to Eurostar's Vision for the London 2012 Olympic Games (which pictures shall each be up to a maximum of 800 by 800 pixels) and a written text of no more than 200 words to the Microsite which pictures and text shall together provide your answer to the Competition Question (and each entry, whether by video or by picture and text shall be referred to in these Competition Terms and Conditions as "Media Submission"). No group entries or entries on behalf of another person will be accepted.

6. Each entrant's Media Submission must be (i) the original independent creation of the entrant; (ii) owned by the entrant; and (iii) free of any claims, including copyright, trade mark or other third party claims. Each entrant's Media Submission must not (i) have been previously published or won prizes or awards of any kind; (ii) feature, include or infringe any third party rights including but not limited to copyrights, trademarks, rights of publicity or privacy, moral rights or any other intellectual property rights; or (iii) include objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language, unlawful content or anything which is or might be detrimental to the reputation of the Olympic Movement, the Paralympic Movement, the London 2012 Olympic Games or any Olympic, Paralympic or London 2012 sponsor or official supplier. Media Submissions that follow these rules may be published by Eurostar on the Microsite but the Promoter cannot guarantee that all entries will be so published. Eurostar reserves the right to remove from the Microsite or not to publish on the Microsite any Media Submissions in which the trade marks (registered or unregistered) or branding of any third party are visible, or which the Promoter reasonably believes do not comply with these Competition Terms and Conditions.

Details of competition prize

7. It is a condition of the awarding of a place to compete in the Event that the winner must accept the Event Terms and Conditions and, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements reasonably required by the Promoter. The failure to return the signed statements within the required timeframe will result in the entitlement to participate in the Event being forfeited and the selection of another winner.

8. Prize Winners will be contacted and given an Event Information Pack closer to the Event. However, the Promoter will as a minimum arrange appropriate transport during the Event (rail/coach tickets etc), hotel accommodation for the night before the Event, a meal on the evening before the Event, breakfast, lunch, drinks and snacks on the day of the Event, running/cycling tops, swimming caps and wetsuits for all Prize Winners for use during the Event, but Eurostar will not arrange transport to the Event itself which will be the responsibility of and at the cost of each Prize Winner. (Prize Winners will also need to bring: a bicycle, swimming goggles, a towel, shorts, cycling shoes (SPDs, clip-in and pedal if required), running shoes, kit bag, warm clothes for transition period, any particular food and drink they might need and a helmet, which must have no cracks or damage to it, bear a CE & EU safety mark inside and have a strap in good working order.) The content of the Event Information Pack will provide more detail about the Event. The commercial value of the Competition Prize is £3,000 (approximately €3,420). Competition Prizes will be awarded to each of 60 Prize Winners, to be selected in accordance with these Competition Terms & Conditions.

9. Proof of sending entries is not proof of receipt and the Promoter does not accept any responsibility for incomplete or illegible entries.

10. The Promoter reserves the right to disqualify any participant who it believes on reasonable grounds has provided false information, acted fraudulently, disrupted, tampered with or attempted to disrupt or tamper with the operation of the Competition or acted in violation of these Terms & Conditions.

11. The Promoter's decision is final on any situation including any not covered in these Competition Terms and Conditions. Please note that the Promoter will not enter into any correspondence concerning any decisions made.

Limitations on entry

12. Each entrant may only submit one Media Submission.

Selection of winner

13. Subject to the provisions of these Competition Terms and Conditions, a shortlist of 50 potential winners per Territory (150 in total) will be selected, being those entrants whose Media Submissions are judged to have received the highest number of public votes by the voting closing date of 6.00pm BST on 11 June 2010. Each member of the public (including entrants) will only be entitled to vote once, to choose the Media Submission they judge to be the most creative and original response to the Competition Question. The 50 potential winning Media Submissions in each Territory will then be assessed by a panel of judges comprised of both Eurostar and independent judges. On or before 18 June 2010 the judges will choose twenty (20) Prize Winners from each Territory based on the most creative and original responses to the Competition Question. Chance plays no part in determining the winners. The Promoter reserves the right to verify the validity of entries and the identity of entrants, and to disqualify any entrant submitting an entry which, in the opinion of the Promoter, breaks any of the Competition Terms and Conditions. The judges' decision is final and no correspondence will be entered into. The Prize Winners will be notified by email of the judges' decision to confirm eligibility and provide further details on the Event. The names of the Prize Winners will appear on the Microsite on or before 23 June 2010.

14. It is the responsibility of the Prize Winner to ensure that they have provided the Promoter with a valid working email address and contact details. If the email should bounce, then the Promoter will attempt to contact the winner by any phone number provided by the winner at the time of entry. The winner has 2 (two) weeks from the date of the judges decision being announced to respond to the Promoter and complete all required formalities. If this does not happen within that 2 (two) week period the right to participate in the Event will be forfeited without exception and the judges will select an alternative winner and repeat the above notification procedure. Following the winner responding to the Promoter, all Event details will be sent in the Event Information Pack to the Prize Winner's address as set out in their entry form approximately two weeks prior to the Event.

15. The winner must sign and return any liability release provided by the Promoter and/or its contractors as a condition of being entitled to participate in the Event being awarded. Failure to return the signed releases and indemnities will result in the entitlement to participate in the Event being forfeited and the selection of another winner. Eurostar strongly recommends that each Prize Winner takes out insurance to cover their participation in the Event.

Details of event prizes

16. Prize Winners will compete in the Event against each other and others who have entered or been entered into the Event. There are three (3) Event Prizes to be won by competitors competing in the Event in both the male and female categories, so a total of 6 Event Prizes. (There are no Event prizes specifically allocated for those who are Prize Winners in this Competition.)

Men

Pos.	Men	Value
1st	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels, 2 nights accommodation in a minimum 4* or equivalent hotel in London, Brussels, Paris or £200 spending money, or the equivalent in Euros based on the exchange rate on day of request	£1,860.00
2nd	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels, 1 nights accommodation in a minimum 4* or equivalent hotel in London, Brussels, Paris £100 spending money, or the equivalent in Euros based on the exchange rate on day of request	£1,380.00
3rd	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels	£900.00

Women

Pos.	Women	Value
1st	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels, 2 nights accommodation in a minimum 4* or equivalent hotel in London, Brussels, Paris or £200 spending money, or the equivalent in Euros based on the exchange rate on day of request	£1,860.00
2nd	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels, 1 nights accommodation in a minimum 4* or equivalent hotel in London, Brussels, Paris £100 spending money, or the equivalent in Euros based on the exchange rate on day of request	£1,380.00
3rd	2 return tickets in Eurostar's Business Premier class, valid on Eurostar routes to Paris, Brussels, London	£900.00

Elite athletes will be invited to enter the elite competition which will run at the same time as the Event but for which different prizes will be awarded.

17. The Event Prizes are subject to applicable terms and conditions and Eurostar's standard conditions of carriage. Euro values are approximate based on local prices and exchange rates applicable at the time of finalising these Terms & Conditions. Eurostar takes no responsibility for any variations in item values. The prizes are not transferable, exchangeable or redeemable for cash. Event Prizes must be redeemed within one year of their date of issue. Eurostar makes no guarantee as to the availability of the Event Prizes on any particular date. In the event that any prize item is unavailable, Eurostar reserves the right to substitute a prize item of equal or greater value. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
18. The Event Prizes will be booked by Eurostar. The prize does not include any other incidentals including, but not limited to travel costs to and from the points of departure, travel insurance, drinks, mini-bars, telephone calls, freight, excess baggage, meals where required, additional applicable taxes, levies and charges, passports, visas, extension of stay, room upgrades, additional passengers, tours and any other incidental expenses not stipulated in the prize inclusions. These are the responsibility of the winner. The winners may be required to present a valid credit card upon check-in at hotels to cover incidentals, telephone calls, meals, drinks, room and concierge services etc that are not included in the prize.
19. The Event Prizes must be taken as stated, and no compensation will be payable if a winner is unable or unwilling to use the Event Prize or any element of the Event Prize as stated. An Event Prize cannot be transferred to any other person. There can be no changes made to travel arrangements once tickets are issued. Any unused portion of the prize is forfeited.
Representations/Exclusion of liability/Conditions of carriage/Indemnity
20. The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as Event Prizes. To the extent permitted by law and save as expressly provided for in the Eurostar International Limited Conditions of Carriage, the Promoter is not liable for any loss suffered or sustained, to person or property and including, but not limited to, indirect, special, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, or in connection with the arrangement for supply, or the supply, of any goods or services by any person to the Prize Winners and, where applicable, to any family/persons accompanying them. However nothing in these Terms and Conditions in any way limits any liability for death or personal injury caused by the Promoter's negligence.
21. Eurostar International Limited Conditions of Carriage apply to all Eurostar travel copies of Eurostar International Limited's Conditions of Carriage may be obtained by writing to Eurostar UK Sales, Times House, Bravingtons Walk, London, N1 9AW or via the website: www.eurostar.com.

22. Entrants will be liable for any claim, cause of action or damage related directly or indirectly to the use of their entry by the Promoter as described in these Competition Terms and Conditions. Entrants will also indemnify and fully compensate the Promoter in respect of any loss, expense (including reasonable legal costs), liability or damage sustained or incurred by the Promoter, should their entry not conform with one or more of the requirements for entries set out in these Competition Terms and Conditions.

Changes/cancellation

23. The Promoter reserves the right at any time to cancel, modify or supersede the Competition if it believes, in its sole discretion, that the Competition is not capable or is likely not to be capable of being conducted fairly or as specified within these Terms and Conditions due to events beyond its control (including, without limitation, a virus, a computer bug, technical failures, fraud, automated voting or unauthorised human intervention, insufficient numbers of entries or any other cause beyond the reasonable control of the Promoter that could corrupt or affect the administration, security, impartiality or normal course of the Competition). Without limiting the generality of the foregoing, the Promoter shall, if it considers the fair operation of the public voting stage has been compromised in any way, be entitled to refer selection of the Prize Winners to the judging panel instead. In such circumstances it may additionally pass such details of the public voting data to the judges as it sees fit and require the judges to give the data such weighting in their adjudication as the panel considers fair and proper. Further, if there are fewer than 50 entrants in any Territory then the Promoter may, at its discretion reduce proportionately the number of Prize Winner places for that Territory and increase the numbers of Prize Winner places accordingly for one or both of the other Territories (as it sees fit). Eurostar may also at any time and for any reason elect to change or withdraw the Event. Eurostar shall not be liable for any costs, claims, damages or loss occasioned by any election under this clause or by failure, however caused, to fulfil the terms of this Competition or the Event. The Promoter reserves the right to amend these terms of participation at any time. All updates to these Competition Terms and Conditions will be posted on the Microsite.

Ownership of entries and use of entrants' information

24. Entrants accept that Eurostar has the right (without any additional payment or permission) to use their name, age, town, county, country of residence and likeness for the purposes of promoting the Event and for announcing the Prize Winners or winners of Event Prizes. By uploading a Media Submission onto the Microsite, entrants grant to Eurostar and its licensees an exclusive, royalty-free, worldwide, sub-licensable licence for the full period during which any legal rights may subsist (including any applicable extensions) to use the Media Submission for any purpose whatsoever. Entries and Media Submissions (and any part(s) thereof) may, amongst other things, be published on the Microsite, incorporated into various competition emails sent out to Eurostar's database and also used for other promotional, publicity and commercial purposes. The rights granted include the rights to use, reproduce, distribute, translate, publicly perform and publicly display in all media (including without limitation internet, TV, mobile devices, press, posters and point-of-sale materials), the right to create derivative works and the right to bring proceedings against third party infringements. Where permitted by law, entrants hereby waive any moral rights relating to Media Submissions.

25 All data relating to entrants supplied to the Promoter as part of the entry process will be used for the purpose of administering this competition and, depending on the preferences expressed by entrants during the competition entry process, for the marketing and other purposes set out in the Promoter's Privacy Policy made available on the Microsite.
General
26. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.
Entire agreement and governing law
27. These Competition Terms and Conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.
28. These Competition Terms and Conditions shall be governed by English Law and the exclusive jurisdiction of the English Courts shall apply (save to the extent that local law elsewhere may impose mandatory legal requirements and/or mandatory jurisdiction of the local courts).

Schedule 1: Event terms and conditions

Terms & Conditions

"Associated Parties" has the meaning defined at clause 2.2 below.

"Conditions" means these terms and conditions of entry for the Event.

"Entry" has the meaning defined at clause 2.12 below.

"Eurostar" means Eurostar International Limited and Eurostar Group Limited, companies registered in England & Wales.

"Event" means the Eurostar Tri-City-Athlon event planned to take place on 14 September 2010 - a private access triathlon of which the three different legs will be completed in three countries in one day..

"Event Organiser" means International Management Group UK Ltd, a company registered in England & Wales.

"Participant" means the person named on the Entry Form who will be participating in the Event.

1. Acceptance of Conditions

These Conditions shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email). To the extent these Conditions have not already been accepted at the relevant time, the following shall be deemed to constitute acceptance by the Participant: (a) completion of any entry form referencing these Conditions; (b) registration for the Event; (c) participation in the Event.

2. Participation

2.1 The Participant acknowledges that participation in the Event is physically strenuous. It is acknowledged that participation in the Event will be physically demanding and the Participant is aware of the nature of the Event and associated medical and physical risks involved.

2.2 The Participant confirms that he/she is physically capable of competing in the Event and agrees to be solely responsible for his/her actions and the Event Organiser and Eurostar, and their officers, employees, agents, affiliates, associated companies, suppliers, sponsors, medical advisers and persons to whom they are answerable ("Associated Parties") are not responsible (subject at all times to clause 4.3) for any injury or illness that the Participant may suffer as a result of his/her participation in the Event. The Participant accepts that should any medical or physical condition arise prior to the Event which is likely to affect his/her ability to participate (or to participate safely), the Participant will withdraw in accordance with these Conditions. The Participant may be required to provide a medical certificate from their doctor to show they are capable of competing in the Event at the request of the Event Organiser and/or Eurostar.

2.3 The Participant agrees to abide by all applicable rules and regulations including relevant British Triathlon Federation (BTF), Federation Francaise de Triathlon (FFT) and Belgian Triathlon and Duathlon Federation (BTDF) rules and regulations and doping rules and the rules and regulations of the International Triathlon Union (ITU). The Participant shall be disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations. The Event Organiser is also entitled to impose Event rules upon the Participant from time to time which will form part of these Conditions. The relevant rules and regulations may be obtained from www.britishtriathlon.org and www.fftri.com or www.triathlon.be. Without prejudice to the foregoing, Participants agree to compete fairly and to comply with all applicable laws and regulations.

2.4 The Participant must complete the appropriate registration process at the times required and on the day as instructed in the Event Information which will be issued by the Event Organiser before the Event. Other than as reasonably necessary in light of the unusual nature of the Event (including without limitation the fact that it has elements in three different countries), the registration process will be consistent with normal practice at triathlon events.

2.5 The Event Organiser shall provide Participants with the following appropriate apparel and equipment to take part in the Event: wetsuit, swim cap and Event t-shirt and it will be a condition of the Event to use the apparel and equipment provided. The Event Organiser recommends that Participants also bring the following: a road bike and SPDs or clip in shoes and pedal if desired, swimming goggles, a towel, shorts to wear during cycling and running, running shoes, a kit bag, warm kit to wear during the transitions and after the Event, and food or drinks to meet personal nutritional requirements. The Event Organiser shall organise the transportation of the Participants' bikes during the Event. Whilst the Event Organiser shall endeavour to transport Participants' bikes with due care and skill, neither the Event Organiser nor Eurostar shall be held responsible for any loss or damage caused to the bikes during transportation. The Participant acknowledges and accepts that the Event Organiser has the right to require the Participant to remove, replace or tape over any branding or trade mark of any third party at any time during the Event.

2.6 The Event Organiser may 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 (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Subsequently, competitors may be instructed to withdraw from the race in accordance with imposed cut off times. The cut off times may be obtained from the Event website.

2.7 The Event Organiser reserves the right at any time to remove Participants from the Event or prevent Participants participating in the Event if in the Event Organiser's sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other Participants or for any other reasonable reason. The Event Organiser may in particular remove a Participant from the Event if the Participant has not attended one or more of the briefings organised by the Event Organiser and/or if a Participant does not in the Event Organiser's opinion arrive in sufficient time to participate in the Event.

2.8 At registration, the Participant must produce a valid up to date passport from an EU Country or such other passport or identity document as would entitle the Participant to undertake international travel between the UK, France and Belgium on the date of the Event (the Passport). Participants that fail to provide a Passport at registration will be excluded from the Event.

2.9 While the Event Organiser will take reasonable care with the staging of the Event, the Participant acknowledges that personal accident and personal items insurance (including insurance to cover loss and/or damage to their personal equipment) is his or her sole responsibility.

2.10 The minimum age of entry is 18 years old on the date of the Event, 14 September 2010.

2.11 All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placings.

2.12 These Conditions are personal to the Participant and it may not assign any of its rights or obligations under this Agreement without the prior written consent of the Event Organiser. The Participant represents and warrants that his/her entitlement to participate ("Entry") is for personal use only, that it cannot be donated free of charge or otherwise given away for free, and that it is not to be used as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser), and in particular, that the Entry may not be sold or offered for sale by anyone whether at a premium or otherwise and may not be used for advertising, promotion, use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, sale or attempted sale is grounds for seizure or cancellation of Entry.

2.13 The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser's reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to withdrawal being accrued by the Participant other than set out in clause 3 below. By way of example, and for illustration purposes only, car parking arrangements and issues with hotels may arise/change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.

2.14 The Event Organiser is running the Event subject to various contractual restrictions imposed by the London Organising Committee of the Olympic Games ('LOCOG'), reflecting Eurostar's appointment as an Official Supplier to London 2012. LOCOG has selected several official registered charities. Participants may raise money for other charities if they choose to do so, but will not be able to promote them in any way to support their entry to the competition or during the Event. More information will be provided to Participants in the Event Information Pack.

2.15 While the Event is not an Olympic activity, the Participant agrees to comply with the requirements of the Bye-Law to Rule 51 of the Olympic Charter (regarding visible branding and publicity - available at www.olympic.org) as if it were. Further, the Participant agrees not to do or say anything during or in relation to the Event which is or might be detrimental to the reputation of the Olympic Movement, the Paralympic Movement, the London 2012 Olympic Games or any Olympic, Paralympic or London 2012 sponsor or official supplier. The Participant further agrees not to engage in any activity which has the object or effect of conferring an unauthorised promotional benefit on any brand or person/entity through association with the Event.

3. Withdrawal, Cancellations or Alterations

3.1 If the Participant will be unable to take part in the Event as a result of illness, injury or bereavement, the Participant is entitled to cancel his/her application to participate through written notice to the Event Organiser at any time prior to the Event by emailing info@eurostartricityathlon.com[ ] or writing to the Event Organiser, IMG Mass Participation Sports, McCormack House, Chiswick, London, W4 2TH.

3.2 The Event Organiser reserves the right to change the date of the Event, the start times and the cut off times and reserves the right to amend the Event format or cancel the Event due to circumstances beyond its reasonable control. The Event Organiser will use reasonable endeavours to inform Participants as soon as reasonably practicable if so. In the event of the Event being cancelled the Event Organiser shall have no further liability whatsoever arising from such cancellation or suspension.

4. Event Organiser Responsibilities/Liability

4.1 Notwithstanding anything in these Conditions neither the Event Organiser nor Eurostar shall be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or being unable to take part or any other matter arising under these Conditions. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.

4.2 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser, Eurostar or their Associated Parties as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant's participation in Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, Eurostar and their Associated Parties for any costs and/or amount which they or any of them may be required to pay as a result of any recourse or claim aforesaid by whomsoever made. The Participant also agrees to indemnify the Event Organiser, Eurostar and their Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant's declarations above and/or the Participant's negligent acts or omissions and/or wilful misconduct.

4.3 Nothing in these Conditions shall exclude or limit the liability of any person or entity:

4.3.1 for death or personal injury caused by its negligence;

4.3.2 for fraud or fraudulent misrepresentation; or

4.3.3 for any matter which it would be illegal to exclude or attempt to exclude liability.

4.4 This clause 4 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.

5. Publicity and Results

5.1 The Participant irrevocably consents to:

5.1.1 his/her appearance in the Event being filmed, recorded, incorporated and exploited by Eurostar and its licensees in accordance with clause 5.1.2 below in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions; and

5.1.2 the royalty-free use and reproduction of the Participant's name, likeness, appearance and photographs, films and recordings by all means and in all media, throughout the world, in perpetuity or, if the Participant is a French resident, for ten (10) years from the date of first use, for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) and Eurostar advertising, promotion and commercial activity provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.

5.2 The Participant accepts that Eurostar and its licensees have the right (without any additional payment or permission) to use any film, photographs (by camera or mobile phone), or any other recording of moving or still picture(s) of or relating to the Event or any aspect(s) thereof created by the Participant as follows. The Participant grants Eurostar and its licensees a royalty-free, worldwide, sub-licensable licence for the full period during which the copyright and any other intellectual property rights therein may subsist (including any applicable extensions) to use, reproduce, distribute, translate, publicly perform and publicly display in all media (including without limitation internet, TV, mobile devices, press, posters and point-of-sale materials) any or all such materials for promotional, publicity and commercial purposes, as well as the right to create derivative works and the right to bring proceedings against third party infringements. Where permitted by law, Participants hereby waive any moral rights in such materials. These rights are granted on an exclusive basis, save that the Participant may use any such material for private domestic purposes. The Participant shall sign all documents reasonably required to evidence or give effect to this licence and shall give Eurostar all reasonable co-operation in seeking to obtain waivers/clearances from other individuals depicted and the owners or controllers of any applicable third party rights.

5.3 The Event Organiser will use best endeavours to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.

6. General

6.1 These Conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to in it) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.

6.2 Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.

6.3 No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.

6.4 To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.

6.5 To the extent these Conditions grant rights to, or limit/exclude the liability of, Eurostar and any Associated Parties, such entities/persons shall be entitled to enforce those rights/limitations/exclusions directly pursuant to the Contracts (Rights of Third Parties) Act 1999. (However no Associated Party's consent is required to terminate, vary or rescind these Conditions.)

6.6 These 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 (save to the extent that local law elsewhere may impose mandatory legal requirements and/or mandatory jurisdiction of the local courts).

Terms and conditions

"Associated parties" has the meaning defined at clause 2.2 below.

"Conditions" means these terms and conditions of entry for the Event.

"Entry" has the meaning defined at clause 2.12 below.

"Eurostar" means Eurostar International Limited and Eurostar Group Limited, companies registered in England & Wales.

"Event" means the Eurostar Tri-City-Athlon event planned to take place on 14 September 2010 - a private access triathlon of which the three different legs will be completed in three countries in one day..

"Event organiser" means International Management Group UK Ltd, a company registered in England & Wales.

"Participant" means the person named on the Entry Form who will be participating in the Event.

1. Acceptance of conditions