TERMS & CONDITIONS

 

The Color Run Korea Terms and Conditions

 

1 Definitions

“Charity” means the official charity partner of the Event.

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

“Entry Form” means the website pages which must be completed via the Online Entry Portal in order to participate in the Event.

“Event” means the event named on the Entry Form.

“Event Organiser” means IMG Korea Overseas LLC.

“Entry Fee” means the price of entry into the Event as set out in the Entry Form.

“Help Desk” means the official information desk run by the Event Organiser for the duration of the Event.

“Online Entry Portal” means the Event Organisers online registration system Participants must use in order to apply, register and pay for their entry to the Event.

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

“Race Pack” means the official pack issued by the Event Organiser to the Participant containing all relevant Event materials.

 

2 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), The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form. All references to Participants shall include Charity Participants unless expressly stated otherwise.

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 agrees 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, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible 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 compete, the Participant will withdraw in accordance with these Conditions. The Participant acknowledges the exclusion of liability and indemnity provided in clause 5 of these Conditions.

2.3 The Participant agrees to abide by all applicable rules and regulations of the relevant sporting governing bodies that oversee the running of the Event. The Participant shall not be entitled to a refund of the Entry Fee if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations.

2.4 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.

2.5 The Event Organiser reserves the right at any time to remove the Participant from the Event or prevent the Participant taking part 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. No refund of the Entry Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal.

2.6 At Race Pack collection at the Help Desk, the Participant must produce appropriate photographic personal identification acceptable to the Event Organiser (such as drivers licence or passport).

2.7 While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that personal accident and personal items insurance is his or her sole responsibility.

2.8 The Event Organiser will email all communications including newsletters and other relevant Event information to the email address provided by the Participant upon their original application. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant. To ensure receipt of all Event information, it is the sole responsibility of the Participant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes to these prior to the Event within the time limits specified in these Conditions.

2.9 The age limit per age category will be based on the age of the Participant on the day of the event 2017.

2.10 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.

2.11 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 the entry is purchased for personal use only, that it cannot be donated free of charge or otherwise given away for free, and that it is not purchased 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 resold or offered for resale 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, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.

2.12 The Participant acknowledges and accepts that circumstances concerning the 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 4 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.

 

3 Bookings and Payments

3.1 The Participant shall complete the Entry Form via the Online Entry Portal and submit it together with payment of the Entry Fee in accordance with the Event Organiser’s website.

3.2 The Participant shall not be eligible or entitled to participate in the Event until full payment of the Entry Fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.

3.3 The Event Organiser will not be held liable for any additional interest or fees charged by the participant’s bank or credit card during purchase of registration.

 

4 Withdrawals, Cancellations or Alterations

4.1 Entries are strictly non transferable, and Entry Fees are non refundable.

4.2 The Event Organiser reserves the right to change the date of the Event. Should a change of date be made, and the Participant is unable to attend on the revised date, he/she has three (3) weeks to inform the Event Organiser in writing from when the change in date is announced to receive a refund of their Entry Fee. The Participant acknowledges that participant places are limited and payment of the Entry Fee and reservation of the place has an effect on logistics and the subscription for the Event.

4.3 No Participant shall be entitled to change the Event Category after submitting the Entry Form.

4.4 The Event Organiser reserves the right to amend the Event format in their sole discretion or cancel the Event due to circumstances beyond its reasonable control. In the event of the Event being cancelled it shall provide the Participant with a full refund with no further liability whatsoever arising from such cancellation, if the event is changed to another format the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format.

4.5 WEATHER POLICY: The Event takes place rain or shine. In the event that weather or other unforeseeable conditions are deemed by Event Organizers and/or City Officials to be potentially hazardous to participants and volunteers, the organizers reserve the right to postpone the start time or cancel the event outright.

4.5.1 If Event is delayed for any length of time but still happens on the run day, participants will not receive any refunds

4.5.2 If Event is postponed to a new date, all entries shall be automatically carried over to the new date. Participants who cannot participate on the new date shall receive a 100% refund if they return their race-pack intact to the Event Organiser within 2 weeks of the announcement of the new date.

4.5.3 If Event is cancelled because of extreme weather and no alternative date can be found – Participants will receive a full refund.

 

5 Event Organiser Responsibilities/Liabilities

5.1 Notwithstanding anything in these Conditions the Event Organiser shall not 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 any other matter arising under these Conditions nor for an aggregate amount greater than the Entry Fee paid by the Participant. 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.

5.2 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, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable (the “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, and the 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 and the 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.

5.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:

5.3.1 for death or personal injury caused by the Event Organiser’s negligence;

5.3.2 for fraud or fraudulent misrepresentation; or

5.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.

5.4 This clause 5 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.

 

6 Publicity and Results

6.1 The Participant irrevocably consents to:

6.1.1 his/her appearance in the Event being filmed, recorded, incorporated and exploited 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

6.1.2 the use and reproduction of the Participant’s name, likeness, appearance and photographs, films and recordings by all means and in all media 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) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.

6.2 Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.

 

7 General

7.1 These Conditions (and the documents referred to in them including the Participant Waiver signed by each participant) 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.

7.2 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.

7.3 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.

7.4 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.

7.5 These Conditions shall be interpreted in accordance with the laws of Korea and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Korea Courts.

 

BEFORE USING THIS SITE, PLEASE GO THROUGH THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.

Our visitors may use this site free. And, the users using this site agree to comply and bound by the below mentioned terms of use. If you do not agree to the given terms and conditions after reviewing it thoroughly, you are requested not to use the site:

  1. Acceptance of Agreement: The terms and conditions featured in this Terms and Conditions of use Agreement (Agreement) related to our site (the site) are agreed by you. This Agreement represents the complete and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings related to the Site, free product samples, the content, or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. We can amend the Agreement any time and at any frequency without informing or specific notice to you. The latest Agreement will be posted on the site that can be reviewed by you prior to using the site. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright. The organization, content, design, graphics, and other materials related to this Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. Without our prior written permission, the copying, reproduction, use, modification or publication of full or part of any such matters or any part of the Site by you is strictly prohibited.
  3. Deleting and Modification. We reserve the right in our sole discretion, to edit or delete any documents, information or other content appearing on the Site, including this Agreement without any notice requirement or obligation to you.
  4. Indentification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  5. Disclaimer. THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
  6. Limits. We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document.. We disclaim any form of the liability to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
  7. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. For the content, accuracy or opinions expressed in such Websites, we are not responsible, and we have also not investigated, monitored or checked for accuracy or completeness of such websites. Any linked Website inclusion on our Site does not imply endorsement or approval of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. You are acting at your own risk if you decide to leave our Site and access these third-party linked sites.
  8. Third-Party Products and Services. Our site advertise third-party linked websites from which you may purchase or otherwise obtain certain freebie offerings, sample goods, or free trial services. It must be fully understood that we do not operate or control the free offerings, products, or services offered by third-party linked websites. The responsibility solely lies with the third-party linked websites for all aspects of order processing, billing fulfillment, and customer services. For any transactions entered into between you and third-party linked websites we are not a party to it. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
  9. Submissions. All ideas, notes, suggestions, concepts and other information send by you to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  10. General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in the circuit court of Los Angeles County, California or the United States District Court for the Central District of California. you are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Los Angeles, California or the central district of California is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Perfect Insight, Inc. in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Love The Color Run!!!!!!! The most fun you'll ever have "running"!!!
Two words. Unicorn Medal. I am already registered!
The Color Run is when fantasy becomes reality. Dreams will come true.
2017 is going to be even more fun than before! I can’t wait until The Color Run hits my city!
I had a blast playing in the foam with my kids – I may have been more excited than they were!