These terms and conditions (the “Terms”) govern your registration for and participation at any AWS Elemental 4K4Charity event (the “Event”) and are a legal agreement between Elemental Technologies LLC ("AWS Elemental," "we," "us," or "our") and you ("Event Participant," "you," "your”).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AWS ELEMENTAL. PLEASE READ IT. YOU: (I) REPRESENT TO US THAT YOU ARE AUTHORIZED TO ENTER INTO THESE TERMS; (II) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS IN THIS AGREEMENT; AND (III) EXPRESSLY AGREE TO THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR, PARTICIPATE IN OR ATTEND THE EVENT. THESE TERMS TAKE EFFECT WHEN YOU REGISTER FOR THE EVENT OR, IF EARLIER, WHEN YOU PARTICIPATE IN OR ATTEND THE EVENT.
1. Event Registration.
You may only register for, participate in, or attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process and pay any registration fee. You acknowledge and agree that registration fees are non-refundable, even if we cancel the event as set forth in Section 6. Unless the Event’s registration webpage specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age on the first day of the Event, or, if you are under the age of 18, your parent(s) or legal guardian(s) have consented to you entering into these Terms. Event registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion. We may also change the Event program at any time in our sole discretion. Your registration for and participation in the Event is subject to our approval and acceptance, which we may withhold or deny in our sole discretion.
In registering for the Event, you agree to provide accurate, current and complete information as may be prompted by any registration forms or as otherwise requested by AWS Elemental or its affiliates (collectively, “Registration Information”). The requested Registration Information may include, without limitation, your age, gender, email address, phone number, emergency contact information, and payment card information. You agree to at all times keep your Registration Information current and up to date.
2. Safety and Security.
Your safety and security are important to us. You will participate in any a reasonable security measures, if any, upon entry to the Event. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us reasonable concern for the safety or security of Event attendees. If we deny you entry or require you to leave, you will not receive a refund.
Furthermore, you acknowledge and agree to, at a minimum, at all times observe and maintain the following code of conduct while participating in the Event or while present at the Event:
2.1. Event Participants must follow the instructions of Event officials, which include AWS Elemental or its affiliate's personnel and/or the personnel of the Event organizers.
2.2. Event Participants are prohibited from throwing any kind of trash or litter along the Event course.
2.3. Event Participants are responsible for bringing their own drinking cups or bottles and for carrying them throughout the Event course. Except as otherwise published on the Event website or at the Event itself, no drinking cups will be made available by AWS Elemental or the Event organizers.
2.4. Event Participants shall not engage in conduct that disrupts or interferes with the normal operations of the Event. Disruptive behavior is conduct that causes other Event Participants unreasonable annoyance or alarm and includes but is not limited to, conduct that involves the use of abusive, threatening, vulgar language or gestures.
2.5. Event Participants must at all times conduct themselves in a sportsmanlike manner and be considerate to other participants. Event Participants must avoid taking any actions or engaging in any conduct which may expose other participants to unreasonable risk of injury. In the event you are injured due to the acts or conduct of another participant, you acknowledge and agree that any such dispute is solely between you and the other participant, does not involve AWS Elemental or its affiliates, and that neither AWS Elemental or any Event organizer shall have any liability or responsibility to you or to any third party in connection therewith.
2.6. Event Participants must stay within the Event course boundaries at all times. The course is typically marked by barriers, traffic cones, and other markings.
2.7. Event Participants must at all times comply with any and all applicable laws, including any local and municipality rules and regulations.
2.8. Event Participants may not enter into any portion of the Event course or other Event facilities that are not intended for public enjoyment as part of the Event, including but not limited to, offices, storage units, concession stands, etc.
2.9. No bicycles, skateboards, in-line skates, rollerblades, or other powered (human or otherwise) form of accelerated propulsion may be used or operated in connection with the Event excepting those allowed with the specific permission of AWS Elemental and/or the Event organizers. This rule does not apply to wheelchair-type devices that are designed to assist disabled persons.
2.10. No Event Participants may be under the influence of alcohol or any controlled substance.
2.11. Event Participants may not engage in sexual conduct, including but not limited to, sexual stimulation or gratification.
2.12. Event Participants must wear appropriate athletic attire, as reasonably determined by AWS Elemental and/or the Event organizers. Costumes that cover the face and/or any bulky outfits extending beyond the perimeter of the body are expressly prohibited.
2.13. The following are prohibited from the Event and/or the Event venues: (i) weapons of any kind, including firearms, knives, mace, etc.; (ii) smoking or vaping, except in designated areas; (iii) flammable liquids, aerosols, fuel, fireworks, toxic chemicals, and/or explosives; (iv) animals and pets (except for service animals to aid a person with a disability); (v) glass containers; (vi) strollers; (vii) alcoholic beverages, controlled substances, or illegal substances of any kind; (viii) chemical compounds, or other biological agents considered to be toxic; (ix) props, including flag poles and signs larger than 11” x 17”; and (x) selfie-sticks and/or any camera mounts that are not attached directly to the head or to the torso.
2.14. Event Participants are prohibited from advertising or selling any products, services, or otherwise (whether or not for profit), from soliciting other participants for any purpose, or from using the Event as a forum for commercial purposes of any kind whatsoever.
2.15. The Event course will remain open to Event Participants only until the posted course closing time for the individual Event, as there may be course time limits in place after which the Event course, or the applicable portions thereof, are reopened for regular motor vehicle or public use.
You understand and agree that your failure to comply with the above code of conduct or any other applicable Event rules may result in your removal or disqualification from the Event (as well as future AWS Elemental events), as determined in AWS Elemental’s or its affiliates’ sole and absolute discretion.
3. Your Information.
3.1. Generally. As an affiliate of Amazon Web Services, Inc., we handle your Registration Information in accordance with the AWS Elemental Privacy Notice currently available at https://www.elemental.com/privacy (and any successor or related site designated by us), as may be updated from time to time (the “Privacy Notice”). You agree that your Registration Information may be transferred to other countries or jurisdictions outside of your country or jurisdiction of residence, and that the protections afforded your personal data under the laws and regulations of the country or jurisdiction to which such personal data is transferred may not be comparable to or as protective as the protections afforded such personal data in your country or jurisdiction of residence.
3.2. Charitable Donations. You agree that your registration fee for the Event constitutes a direct donation by you to the charitable organization(s) identified by AWS Elemental or its affiliates in connection with the Event. By donating to a charitable organization, you agree that: (i) AWS Elemental or its affiliates may disclose your name, email address and other Registration Information that you have provided in connection with your donation to such charitable organization; and (ii) such charitable organization(s) may contact you in connection with your donation.
4. License to Use Materials.
You grant us, our affiliates, our independent contractors and other third-party sponsors and organizers (“Event Sponsors”) the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Items”). By registering for, participating in, or attending the Event, you hereby grant to AWS Elemental and Event Sponsors, and their affiliates, agents, employees, and assigns, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for promotional, marketing and other legitimate business purposes, all or any part of the Items, Registration Information, or other materials submitted or presented by you (in electronic copy, hard copy, or otherwise) (collectively, the “Materials”), without your prior review or approval, and without compensation to you. We may edit the Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Materials. To the extent the Materials include or contain any personal information, AWS Elemental will use such personal information in accordance with the Privacy Notice.
Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). AWS Elemental may collect Indirect Taxes from you, unless you furnish us with a properly completed exemption certificate or a direct payment permit certificate for which AWS Elemental may claim an available exemption from Indirect Tax.
6. Event Cancellation.
6.1. We may cancel the Event at any time on reasonable grounds including, for example, availability or suitability of venue or for security, health, or safety reasons, including due to severe weather or other factors that threaten the safety of participants, staff, volunteers, or the community, or as mandated by government officials, and we may deny, limit, or cancel your Event registration in that respect. We also reserve the right to change the details of the Event on reasonable grounds, such as date, start time, course, distance and/or amenities offered in connection with the Event. We are not responsible for any damages, direct or indirect, resulting from such cancellation or changes. We will use commercially reasonable efforts to promptly inform you of any such cancellation by posting a notice at https://4k4charity.com (and any successor or related site designated by us), as may be updated from time to time (the “Event Site”) or by sending a message to the email address then associated with your Registration Information, and you acknowledge and agree that AWS Elemental’s will have no liability or responsibility to you for any failure to do so.
6.2. Effect of Event Cancellation. If AWS Elemental cancels the Event, Section 3, Section 4, Section 5, Section 7.2, Section 8, Section 9, Section 10, Section 11, Section 12 and Section 13 will remain in full force and effect.
7. Trade Compliance and Ethics.
7.1. You represent and warrant that you and your financial institution(s) used to fund any fees required for the Event are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
7.2. You certify that you have confirmed with an appropriate ethics official that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the Event or would otherwise create a conflict of interest for AWS Elemental.
8. Other Sites.
We may use third parties to assist us in processing and/or enabling your registration for the Event, or to otherwise provide products or services to you in connection with the Event (“Third Party Provider(s)”), including by providing links to the websites of such Third Party Providers. If you use or purchase any of the products or services offered by these Third Party Providers, you are conducting business directly with the Third Party Provider, and not with AWS Elemental. Accordingly, you may be subject to or bound by the terms and conditions and/or privacy notices associated with the Third Party Provider’s products or services. You should carefully review any Third Party Provider’s privacy statements and/or terms and conditions. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these Third Party Providers, including the content of their websites. AWS Elemental does not assume any responsibility or liability for the actions, products, services, and content of any of these Third Party Providers, or of third parties generally.
9. Assumption of Risk.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ATTENDANCE AND PARTICIPATION IN THE EVENT IS VOLUNTARY, AND YOU UNDERSTAND THE NATURE OF THE EVENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, IN CONSIDERATION OF YOUR BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU SOLELY ASSUME THE RISKS ASSOCIATED WITH ATTENDING AND PARTICIPATING IN THE EVENT. IN PARTICULAR, YOU ACKNOWLEDGE AND AGREE THAT RUNNING A CHARITY RACE IS AN ATHLETIC EVENT AND A POTENTIALLY HAZARDOUS ACTIVITY THAT CARRIES WITH IT CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO THE POTENTIAL FOR DEATH, SERIOUS INJURY OR PROPERTY LOSS CAUSED BY TERRAIN, FACILITIES, TEMPERATURE, WEATHER, CONDITION OF PARTICIPANTS, LACK OF HYDRATION, EQUIPMENT, VEHICULAR TRAFFIC, ACTIONS OF OTHER PEOPLE, INCLUDING BUT NOT LIMITED TO EVENT SPONSORS, PARTICIPANTS, VOLUNTEERS, OFFICIALS, STAFF, SPECTATORS AND JOURNALISTS. YOU UNDERSTAND THAT THESE AND OTHER UNFORESEEN OBSTACLES AND DANGERS, NATURAL OR MANMADE, MAY OCCUR DURING THE EVENT AND THAT YOU WILL EXERCISE APPROPRIATE CAUTION AND BE FULLY RESPONSIBLE FOR TAKING PROPER ACTION TO AVOID THESE UNFORESEEN OBSTACLES AND DANGERS. YOU RECOGNIZE THAT IF YOU CHOOSE TO WEAR A PORTABLE LISTENING DEVICE DURING THE EVENT THAT IT MAY CREATE A DISTRACTION, WHICH MAY INCREASE YOUR RISK OF INJURY. FURTHER, YOU AGREE THAT YOU ARE MEDICALLY ABLE TO PARTICIPATE IN THE EVENT WITHOUT UNREASONABLE RISK OF INJURY. YOU REPRESENT AND WARRANT TO AWS ELEMENTAL THAT YOU ARE IN THE PHYSICAL CONDITION NECESSARY TO COMPLETE THE EVENT. YOU GIVE YOUR PERMISSION FOR MEDICAL TEAM EVALUATION, TREATMENT, AND TRANSFER TO AN EMERGENCY FACILITY IF NEEDED. YOU AGREE THAT AWS ELEMENTAL AND/OR THE EVENT ORGANIZERS HAVE THE RIGHT TO REMOVE YOU FROM THE EVENT AND ANY RELATED ACTIVITIES IF THEY ARE OF THE OPINION THAT IT IS IN YOUR BEST INTEREST OR THE BEST INTEREST OF THE OTHER EVENT PARTICIPANTS OR AWS ELEMENTAL OR ITS AFFILIATES THAT YOU BE REMOVED.
10. Release of Claims.
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release AWS Elemental and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event or the Items.
11. Limitations of Liability.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.1. Waiver. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
12.2. Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
12.3. Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.4. Assignment; No Third Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this Section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for AWS Elemental as a party to these Terms, and AWS Elemental is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
12.5. Governing Law. The laws of the State of Washington, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
12.6. Disputes. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR REGISTERED AGENT CORPORATION SERVICE COMPANY, 300 DESCHUTES WAY SW, SUITE 304, TUMWATER, WA 98501. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. WE WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. WE WILL NOT SEEK ATTORNEYS' FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR AT A MUTUALLY AGREED LOCATION. WE AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL. WE EACH AGREE THAT EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
12.7. Modifications to these Terms. We may modify these Terms at any time on reasonable grounds (e.g., to comply with any applicable laws affecting the Event) by posting a revised version on the Event Site. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Event Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
12.8. Entire Agreement; English Language. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.