TERMS AND CONDITIONS

Definitions

“Red String Journey” or RSJ means Red String Journey and includes where appropriate Red String Journey employees, agents, contractors and officers.

“Content” refers to photos and blogs uploaded to the Rider’s profile page on the Red String Journey website.

“Event” or “Red String Ride Challenge” means a cycling challenge conducted at various times throughout the year.

“The Rider” refers to the eligible entrant/eligible participant in the Event.

Effect of Terms and Conditions

These terms and conditions apply to the Event and entry into the Event is deemed acceptance of these terms and conditions.

Entry Requirements

The Rider must be a resident of the United States of America by law aged 18 or over or who, if under 18, has sought the express approval of a parent/guardian – who has agreed to all of these terms and conditions – before completing registration in the Event.

Red String Journey may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and may seek verification of the above entry requirements in whatever manner it sees fit.

Red String Ride Challenge involves setting a personal ride distance target to achieve over the course of the challenge. The Rider should seek professional advice from a medical practitioner before setting their personal goal.

Health & Safety

The Rider is responsible for ensuring that they have adequately and appropriately prepared both physically and mentally for the Event and by entering the Event, the Rider warrants that they have done so and are not aware of any illness, injury, physical disability or impairment which may cause them injury or death during the Event. If the Rider has any health issues or doubts prior to or during the Event, the Rider warrants that they will immediately seek appropriate medical advice.

If, during the Event, the Rider becomes ill or is injured, the Rider warrants that they will cease participation in the Event until they have sought the advice of a medical professional.

Compliance with State/Local Laws

During the Event, the Rider will comply with all traffic and road laws in the jurisdiction that they are participating in and any directions issued by officers of the law in their state or local jurisdiction.

The Rider will wear a U.S.A. standard cycling helmet at all times during the Event while riding a bicycle.

Waiver and Acknowledgment

The Rider acknowledges and agrees that cycling is inherently dangerous and that they participate in the Red String Ride Challenge at their own risk. The risks associated with participating in Red String Ride Challenge include but are not limited to the risk that:

(a)   the Rider may be involved in a collision with people, animals, vehicles and/or 

        other objects;

(b)  the Rider may suffer harm from physical exertion;

(c)  the Rider’s bicycle may malfunction and the Rider may fall;

(d)  the Rider may otherwise fall from their bicycle; or

(e)  the Rider may suffer from the effects of heat, cold, wind, rain and other weather                      

      conditions.

Each of these risks may result in the Rider suffering harm including but not limited to death, physical or mental injury, disability, property damage and economic loss. There may be other risks to which the Rider may be exposed, including injury caused to other parties or damage caused to the property of other parties. It is the Rider’s responsibility to ensure that they abide by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets, brightly colored vests and lighting, as may be required by the state and local laws in the jurisdiction in which they are riding.

Release, Indemnity and Liability Exclusions.

The Rider releases Red String Journey from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of the Rider’s participation in the Event and the Rider indemnifies Red String Journey against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Red String Journey in connection with any act, matter or thing done, permitted or omitted to be done by the Rider or which was in any way connected with the Rider’s involvement in the Red String Ride Challenge.

Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CHILDREN’S CANCER RESEARCH FUND BE LIABLE TO THE RIDER FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, FUNDAMENTAL BREACH, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE CHILDREN’S CANCER RESEARCH FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Exclusion

EXCEPT AS EXPRESSLY INCLUDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED TERMS, CONDITIONS, WARRANTIES, RIGHTS OR OTHER ADDITIONAL OBLIGATIONS THAT CAN BE LAWFULLY EXCLUDED ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.

Content and Data

The Rider agrees that while Red String Journey may provide access to a mobile application to record ride distances in good faith, it cannot be held responsible for the loss of data which may eventuate from the application itself or in transmission between the application and the Event’s website.

Red String Journey does not claim ownership of content the Rider may submit or make available for inclusion on www.redstringjourney.org. However, with respect to content the Rider submits, the Rider agrees that the information is true and accurate and reflects honest beliefs and experiences. Also with respect to content the Rider submits, the Rider grants Red String Journey a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such content for the purposes of promoting the Red String Ride Challenge.

Privacy and Personal Information

Red String Journey collects personal information about Riders to include those Riders in the Event and in certain circumstances, to award prizes to those Riders. If the personal information requested is not provided, the Rider cannot participate in the Event. By participating in the Event, each Rider consents to Red String Journey using and disclosing their personal information to Red String Journey’s agencies and other third parties engaged to provide services in connection with the Event for use for contacting the Rider in relation to the Event and the purposes set out in the privacy policy of Red String Journey available on the Privacy Policy page at the bottom of the page.

The Rider grants this consent until such a time as they withdraw their consent by giving notice to Red String Journey. The Rider can also gain access to, update or correct any personal information held by Red String Journey by contacting Red String Journey at Info@myRSJ.org or 1-614-255-5542.

By entering the Event, the Rider agrees that:

(a)  they may be contacted by Red String Journey (or an agent of Red String Journey) to provide comments about the Event and Red String Journey (or an agent of Red String Journey) may take photos or recordings of them;

(b)  Red String Journey may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for Red String Journey’s future promotional and marketing purposes without further reference or compensation to them;

(c)  Red String Journey may duplicate, alter, adapt, publicly display, publicly perform and otherwise utilize the Materials as Red String Journey wishes at anytime, anywhere and by any means (including communicating them to the public in any media). Red String Journey may license, authorize or otherwise transfer the rights in the Materials to others to do the same;

(d)  they grant to Red String Journey on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable license to use the Materials for whatever purpose it determines;

(e)  they unconditionally and irrevocably:

       i.  consent to any act or omission that would otherwise infringe any of their moral                      rights in the materials (as may be provided for under relevant law and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and

       ii.  waive all Moral Rights in the Materials; and

(f)  they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.

General Provisions

The Rider’s entry into the Event is personal and the Rider has no right to sell or assign that entry.

If for any reason, the Event is not capable of being run as planned, Red String Journey reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event.

While representing Red String Ride Challenge, The Rider should be thoughtful and respectful knowing that you are representing Red String Ride Challenge, People with Dementia and their families. Any Rider who engages in any unlawful or improper conduct which jeopardizes or is likely to jeopardize the fair or proper conduct of the Event or who does not comply with the entry process will be ineligible to participate in the Event. Red String Journey reserves the right to remove your account from the Event due to objectionable content.

Red String Journey reserves the right to disqualify Riders in the event of non-compliance with the Terms and Conditions.

Red String Journey reserves the right to modify these terms and conditions at anytime without prior notice.  Continued participation in the Event after a change in these terms and conditions will be deemed to be Rider’s acceptance of the modified terms and conditions. Rider agrees to periodically check back with the Event website to ensure that no changes to these terms have occurred.