Terms and Conditions

Newham’s Million Miles Together
Participant Terms and Conditions

By submitting a Registration Form the Participant agrees with the Company that they have read, understood, and agree to be bound by the following terms and conditions (“Terms”).
1 Definitions and Interpretation
1.1 The words and expressions set out below shall have the following meanings in these Terms:
“Agreement” means the agreement entered into between the Company and Participant as set out in the Registration Form together with these Terms;
“Challenge” means a programme co-ordinated by the Company in which the Participant agrees to participate, either as an individual or as part of a team, in accordance with these Terms;
“Company” means Gold Challenge Limited being a company registered in England and Wales with company registration no. 07179789 and whose registered office is at 6 Southwood Lane, London, England N6 5EE;
“Client” means Newham International Limited a company incorporated in England and Wales with company registration no. 00542515and whose registered office is at Chertsey Road, Sunbury on Thames, Middlesex, TW16 7BP, United Kingdom;
“Registration Form” means the registration form submitted by or on behalf of the Participant on the Website or elsewhere;
“Participant” means the person or persons named on the Registration Form;
“Participant Data” means all personal data collected by the Company regarding the Participant.
“Participation Data” which means all activities and information submitted by the Participant as part of their involvement in the Challenge.
Registration Date” means the date upon which the Participant completes the Registration Form
Relevant Law” means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) applicable to the subject matter in question;
“Website” means the website ‘newham.million-miles-together.org’.
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.4 Any reference to a clause shall be deemed to be a reference to a clause of this Agreement.
1.5 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6 The words “include(s)” or “including” are not to be treated as a word of limitation.
2 Program Registration
2.1 The Company owns or controls all rights in and to the Challenge.
2.2 To register for the Challenge, the Participant must complete the Registration Form. All registration requests are subject to acceptance by the Company. The relevant date for registrations shall be the Registration Date.
2.3 Registration Forms will not be accepted if capacity for the Challenge is reached (as determined by the Company).
2.4 The Company is not responsible for errors or malfunctions of any kind which may prevent the Company receiving a Registration Form.
3 The Challenge
3.1 In consideration of a place in the Challenge, the Participant acknowledges, and agrees to abide by, these Terms.
4 Cancellation, Amendment and Refusal of Entry
4.1 The Company reserves the right to:
4.1.1 change the format of the Challenge and/or cancel, delay or postpone the Challenge, in whole or in part without notice or liability to the Participant;
4.1.2 refuse entry to any Challenge (or to disqualify from any Challenge) any Participant:
a) who, the Company reasonably believes has not complied with these Terms;>
b) who is ineligible to participate in a Challenge; or
c) who the Company reasonably believes has fraudulently completed any part of the Registration Form. The Company has no liability for any costs or expenses that may be incurred by a Participant as a result of any of the events in this clause 4.1.
4.2 It is the Participant’s responsibility to check the particulars of the Registration Form.
5 Participant Obligations
5.1 By entering into this Agreement the Participant acknowledges and agrees:
5.1.1 to abide by all rules, instructions and regulations published by the Company;
5.1.2 to comply with all Relevant Law in their participation in the Challenge;
5.1.3 that any incentives or promotions provided or undertaken by the Company during the course of the Challenge will be subject to further terms and conditions
5.1.4 that participation in the Challenge involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. To the best of their knowledge, the Participant is healthy and fit and able to take part in the Challenge, understands and has considered and evaluated the nature, scope and extent of the risks involved in participation and voluntarily and freely chooses to assume those risks (except where any personal and bodily injury, including death, is caused by the negligence of the Company or its agents, officers or employees).
6 Limitation of Liability
6.1 Neither the Company nor the Participant, subject to clauses 6.3 and 6.4, shall have any liability to any party to these Terms and Conditions.
6.2 The Participant hereby acknowledges that the Company does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with participation in the Challenge. The Participant is advised to obtain such insurance themselves if required.
6.3 Nothing in these Terms shall affect either party’s liability:
6.3.1 for death or personal injury resulting from the negligence of the other party or a deliberate act or omission of the such party, its employees or agents;
6.3.2 for breach of statutory duty;
6.3.3 for fraud or fraudulent misrepresentation; or
6.3.4 to the extent that liability cannot be excluded or limited by law.
6.4 Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled as a consumer.
7 Data Protection
7.1 “Company” confirms that all Participant Data and Participation Data collected by the Company will be stored on a secure web database, and processed in accordance with the provisions of Relevant Law.
7.2 The Participant hereby agrees to the Company collecting and processing their Participant Data to facilitate the Participant’s full participation in the Challenge and for the purposes outlined in these Terms.
7.3 By entering into this Agreement, the Participant expressly consents to his/her Participant Data and Participation Data being collected by the Company and shared with third parties as follows;
7.3.1 Participant Data and Participation Data that is aggregated and anonymised may be passed on to Client for analytical purposes
7.3.2 Company may securely transfer, store and process Participant Data and Participation Data anywhere that the Company, its affiliates or its third party service providers are based.

Anyone who does not consent to the sharing of their Participant Data or Participation Data as outlined in this clause 7.3 should NOT complete and submit a Registration Form (as such use of Participant Data and Participation Data is essential to facilitate participation in the Challenge).

7.4 Other than for the purposes outlined in clause 7.3 above, the Participant Data and Participation Data shall not be distributed to third parties without receiving the Participant’s prior consent. Participant Data and Participation Data will only be disclosed to a third party other than as outlined in these Terms without prior consent when the Company believes such disclosure to be required by Relevant Law or to be necessary to defend the rights of the Company, the safety of the public or other Participants.
7.5 To the extent that the Participant provides Participant Data and Participation Data relating to other individuals, for example family members’ information, the Participant agrees to seek their consent for the collection, storage, processing and sharing of such Participant Data and Participation Data by Company as set out in this clause 7 before providing such information
7.6 The Participant may opt out from receiving Company communications by emailing the Company at info@goldchallenge.org
8 Photo Uploads
8.1 In the event that the Participant uploads pictures to the Website the Participant certifies and accepts they have the right to distribute this picture, and consents to the below:
8.1.1 his/her photograph appearing on the Website where other registered Participants in the Challenge will be able to see it.
8.1.2 the use of the Participant’s photograph/s, to be made public on the homepage of the Website if his/her photograph wins one of the weekly competitions.
8.1.3 his/her photograph to appear in any media for the purpose of advertising, publicity and otherwise in relation to the promotion of the Challenge (and future Challenges) provided that such use does not imply direct endorsement by the Participant.
9 General
9.1 The Company shall not be liable to the Participant or in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Challenges, if the delay or failure was due to any cause beyond the Company’s reasonable control.
9.2 Where any conflict arises between the content of the Online Registration Form and these Terms, the content of these Terms shall prevail.
9.3 If any part of these Terms is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that part shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
9.4 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
9.5 No term, condition or provision of this Agreement shall be enforceable under the Contracts (Right of Third Parties) Act 1999 (the “Act”) by a person who is not a party to it, but this does not affect any right or remedy of a third party which exists or is available apart from under the Act.
9.6 The granting by any party of any time or indulgence in respect of any breach of this Agreement by the other shall not be deemed a waiver of such breach and the waiver by any party of any breach of this Agreement by the other shall not prevent the subsequent enforcement of that term.
9.7 The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties to the Agreement hereby submit to the exclusive jurisdiction of the Courts of England and Wales