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For consideration of participation in Coldtober to be held during the month of October 2021 (the “Event”), I release Helplink Mental Health (“Helplink”), including its directors, officers, administrators, representatives and executors, past and present employees, volunteers, coordinators, supervisors, participants, including from all countries outside of Ireland, counties in Ireland, all sponsors and partners, their representatives and successors, from any and all claims, liabilities, or causes of action arising out of an injury to me and from any and all claims, liabilities, or causes of action arising from my participation or attendance in this Event to the fullest extent permitted by applicable law.

I acknowledge that I should not enter and participate in any manner unless I am medically and physically able. I further agree that if at any time I believe conditions or equipment to be unsafe, I will immediately cease participation and will promptly notify a representative of Helplink of such unsafe conditions or equipment. I confirm and verify, that I am in good health and able to participate in the Event. In the event where I am unable to consent on my own because of an injury or illness, I consent to and authorise Helplink and its representatives to obtain emergency medical treatment for me in case of any illness or injury resulting from or occurring during my participation. I understand and accept that any medical costs incurred with respect to emergency medical treatment will be my responsibility.

For any and all injury, death, illness, property damage, or any loss suffered or sustained by me which is in any way associated with my participation or volunteering in, travel to and from, or other activity associated with Helplink and the Event, I do hereby to the fullest extent permitted by applicable law, for myself, my heirs, assigns, next of kin, personal representatives, administrators, and executors, forever covenant not to sue and waive, release, and/or discharge any and all rights and claims for any expenses, damages, or other losses which I may have or which may hereinafter accrue against Helplink and/or its representatives, officers, directors, employees, agents, sponsors and partners, successors. I further agree to abide by all participant rules and policies adopted by Helplink.

I assume all risks associated with my participation, including injuries to person and property, or death, whether caused by negligence or otherwise.

I also grant full permission on a royalty free basis for the free use of my name, picture, and voice in any broadcast, telecast, print account or any account in any medium used in connection with Coldtober or future events of Helplink.

I agree that if any portion of this release or waiver is deemed to be invalid that portion shall be severed from the relevant provision and the remainder of the release or waiver will still be binding and enforceable.

I acknowledge I have carefully read, accept, and agree to the Terms of Entry. I acknowledge that I have also read the ‘Terms & Conditions’ which incorporates the ‘Data Protection Statement’ (Section 18).

Terms & Conditions

The Event is provided by Helplink Mental Health, a charity, registered in Ireland with Charities Regulatory Authority (CRA: 20143237) whose registered office is at 1st Floor, The Plaza, Headford Road, Galway, Ireland (“Helplink”). Helplink is a charity registered with the Irish Revenue Commissioners (CHY: 21366).

Please read the following terms and conditions carefully as they are the terms on which the contract between you and Helplink will operate (the “Conditions”). They comprise the rules of entry into Coldtober and are what you have agreed to when entering.

THE EVENT

  • The Event is a daily swimming challenge where participants swim in the sea every day for the month of October 2021.
    • You have the choice to participate in one of the 20+ venues across Ireland.
    • If you cannot access a safe swimming location for the event an alternative is to take a 30 second cold shower every day of October instead.

EQUIPMENT

  • The event takes place outdoors and we ask that all participants wear suitable swimming attire when they are in the sea and suitable attire before and after the swim.
    • You will not be provided with clothing, or refreshments.

ENTRY FEE

  • The entry fee for Coldtober is €30.

PAYMENT PROCESSING

  • Your entry will be processed through the Stripe Payment System (https://stripe.com/en-ie/contact); linked to our website’s Coldtober page.

ENTRY AND BENEFITS

  • In return for your entry fee, Helplink will supply you with one entry to the Event. If you register before 1 October 2021 and you will receive a gift pack, which will be sent to the postal address you submit at registration.
  • Other benefits may be available at the start or finish of the Event and at the discretion of Helplink.
    • For the avoidance of doubt, you are purchasing entry into the Event only and any benefits are incidental and may vary.

CONFIRMING YOUR PLACE

  • Your entry to the Event is only secured once you have received an email confirming your entry. The email will be sent within 48 hours after completion of the online registration form and receipt of the payment.

NON-REFUNDABLE AND NON-TRANSFERABLE

  • Please note that entry fees are non-refundable and non-transferable. Once accepted, your place cannot be transferred to any other person. Accepted entries cannot be deferred to the following year.

ANIMALS

  • Animals are not permitted to take part in the Event.

ALCOHOL AND DRUGS

  • No alcohol or illegal drugs are to be brought into the Event or consumed during the Event.
    • Participants must not take part if they are intoxicated.

COMMUNICATIONS

  • If you are a registered participant of the Event, Helplink will send you suitable operational emails which are directly relevant to the practical co-ordination and running of the Event.
    • If you choose to become an online fundraiser then we will also send you emails related to this activity.
    • We may also contact you about future Coldtober events or the other activities of Helplink where you have consented to receiving such communications. You may opt-out out of these emails at any time. These communications will be carried out by Helplink in accordance with the terms of the Data Protection Statement https://helplink.ie/data-protection-policy/.

BEHAVIOUR

  • By entering the Event you agree to follow the reasonable directions of the Helplink and abide by these Terms of Entry.

MEDICAL INFORMATION AND LIABILITY

  • You are responsible for your own wellbeing and medical suitability for taking part in the Event. If you are in doubt about your ability to take part in or finish the Event or you have any medical condition, consult your doctor.
    • None of Helplink or Coldtober nor the Event sponsors accept any liability for the health of the entrant.
    • Helplink advises that you should have personal insurance that covers you for participating in swimming events. Helplink reserves the right to require any person to withdraw from the Event if they believe it is in the best interests of the Event.

DISABLED ENTRANTS

  • People with disabilities are more than welcome to take part in the Event.

SPONSORSHIP MONEY RAISED

  • You are not permitted to use any of the sponsor money that you raise in relation to your entry into the Event to pay for your expenses.
    • Any information relating to a failure to pass on sponsorship money will be reported to the relevant authorities.
    • You are not permitted to use your entry to raise money other than for Helplink or to pass on funds raised for Helplink to other charities (this includes but is not limited to any fundraising taking place online).
    • Any money raised by you relating to your participation in the Event must be paid to Helplink.
    • Helplink will use the money raised for its general charitable purposes, details of which can be found at helplink.ie/coldtober.

INTELLECTUAL PROPERTY (IP)

  • Helplink Mental Health owns the IP rights in the name Coldtober.
    • These rights include both trademarks and copyright.
    • You are not allowed to use any of the rights owned by Helplink, or these terms and conditions, for your own purposes or to raise funds for Helplink other than in connection with events and challenges approved by Helplink.
    • Helplink reserves the right to delete inappropriate or proprietary information that is posted on the site by users and on the fundraising pages and/or team pages.

COMPLAINTS

  • If you have any complaints or queries, please write to the Project Leader, Coldtober, Helplink Mental Health, 1st Floor, The Plaza, Headford Road, Galway.

LEGAL INFORMATION

  • The Terms of Entry are only available in English and a copy will be available on the Coldtober website.
    • The Terms of Entry shall be governed by the laws of Ireland and be subject to the jurisdiction of the courts of Ireland, and you hereby submit to the jurisdiction of said courts.
    • You will also benefit from any mandatory consumer law provisions of the country in which you are resident and this shall not affect your rights as a consumer to rely on such mandatory provisions of local law.

DATA PROTECTION

  • Helplink is the data controller of personal data relating to registered Event participants and Event volunteers.
    • Helplink treats all personal information provided in a confidential manner and uses this information solely for the purpose or purposes for which it was originally supplied.
    • Helplink is aware of its legal obligations under data protection legislation.
    • Helplink collects uses and stores personal data in compliance with the EU General Data Protection Regulation (GDPR) and the related Irish Data Protection Act 2018.
    • Helplink recognises that protecting personal data and ensuring data privacy through appropriate processes, controls, and security is essential.
    • Helplink is cognisant that individuals must be able to exercise their data subject rights and will fully facilitate this wherever possible.

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