Terms and Conditions for Participants
1. Definitions:
Event: Night Fun Run organised by the Organiser;
Organiser: Persatuan Disiplin dan Kaunseling Kebangsaan (National Discipline and Counseling Association) - (Registration No: PPM-003-14-08052018);
Participant: the person taking part in the Event;
Children: a child aged 5 (five) to 12 (twelve) requiring supervision to take part in the Event;
Accompanying Adult: the person taking part in the Event with a child aged 5 (five) to 12 (twelve);
Parent or Guardian: the person giving consent for a participant aged under 18 (eighteen) to take part and agreeing to these terms and conditions on their behalf.
2. Entry fees & Entry pack:
2.1 Registration can be made through https://www.ticket2u.com.my and will be the fee applicable at the date of submission of the entry application. All ticket sales are final and non-refundable, except as provided in clause 16 & 17. The organizer reserves the right to refuse any ticket purchase at their discretion.
2.2 The entry pack shall be given as below arrangement:-
(i) by courier to registered mail (courier fees borne by participant)
(ii) by own collection at designated location -
(Location A)
Persatuan Disiplin dan Kaunseling Headquarters
2571-10, Bukit Persekutuan, Jalan Selangor, 50480 Kuala Lumpur
(will update the pick up date and time)
(Location B)
Kolej Poly-Tech MARA Bangi
Seksyen 14, Jalan Teras Jernang, Bandar Baru Bangi, 43650 Kajang, Selangor
(will update the pick up date and time)
(Location C)
Zabariah Enterprise.
Kolam Renang MBMB
1935, Jln Kota, Bandar Hilir, 75000 Melaka
(will update the pick up date and time)
(iii) Cash on Delivery by local runner only applicable for KL & Selangor area.
(iv) Entry after 20th July 2023, the run pack will arrange to courier or self pick up one (1) week after the event.
3. Closing date:
The closing date for entries to an Event will be the earlier of:
(i) 7pm on the Saturday29 July 2023, preceding the start time of the Event or;
(ii) the date on which all places in the Event have been filled, such date shall be confirmed on the Website.
4. Entry policy
4.1 The Event is open to all Participants aged 5 (five) years and above on the day of the Event.
4.2 All Participants under the age of 18 (eighteen) years must obtain parental consent in order to register and participate in the Event.
4.3 All Children aged between 5 (five) and 12 (twelve) years on the day must be accompanied by a registered Adult Participant aged 18 (eighteen) years or more on the day of the Event.
4.4 The Accompanying Adult can accompany a maximum of 2 (two) children. The Accompanying Adult shall be responsible for the supervision of Children during the Event.
4.5 The Accompanying Adult/Parent or Guardian agrees to the Participant entering into the Event on the basis of these terms and conditions.
4.6 The Accompanying Adult/Parent or Guardian shall ensure that the Participant understands the content of these terms and conditions and shall use their best endeavours to ensure that the Participant complies with these terms and conditions.
4.7 Participants enter the Event entirely at their own risk. The Organiser shall not be liable for any injury or loss occurring as a result of participation in the Event (including, without limitation, any losses resulting from the Organiser’s negligence), provided that nothing in these terms and conditions shall exclude or limit the Organiser’s liability for death or personal injury resulting from the Organiser’s negligence or for any other type of liability that cannot be excluded or limited by law.
5. General obligations
The Accompanying Adult/Parent or Guardian shall ensure that the Participant shall:
only run along the designated race course and not off the course;be respectful towards all other children participating in the Event;follow the instructions and guidelines given to him/her during the Event; andreport any problems to any of the secretariat or organiser who will be positioned around the race course
6. Medical conditions
6.1 It is recommended that all Participants train for the Event.
6.1.1 The Participant/Accompanying Adult/Parent or Guardian agrees that, as far as they are aware, Participants are physically able to compete in the Event and, to the extent that it may be necessary they have sought and relied upon any medical advice before the date of the Event. Should any medical or physical condition arise prior to the Event which is likely to affect their ability to compete in the Event, the Participant should withdraw from the Event. The Participant/Accompanying Adult/Parent or Guardian consents to any medical treatment being administered during the Event by official medically-qualified personnel.
6.1.2 The Organiser may prevent the Participant from taking part in the Event (either at the start or during the Event) if the Organiser or any medical representative considers that the Participant should not participate in the Event for health and/or medical reasons or in the event of any anti-social behaviour. Such a determination is not open to challenge by any Participant or Accompanying Adult.
7. No animals
Participants are not permitted to bring pets or other animals onto the Event course. Participants requiring assistance are referred to condition 8.
8. Aided participants
For those Participants who are aided around the course, either by being pushed or assisted, by a guide runner, the guide runner must also be a registered participant in the Event. The Participant requiring assistance must advise the Organiser that they require assistance upon entry of their application and an entry place will be provided to the guide runner.
9. Health and safety
9.1 Bikes, scooters, roller skates, pushchairs or any kind of mechanical aid are strictly prohibited from the Event course on the day of the Event.
9.2 The Participant/Accompanying Adult/Parent or Guardian must ensure that Participants have the correct equipment, footwear and clothing for the Event.
9.3 The Organiser may at any time during the Event or prior to the Event prevent the Participant from participating in the Event if it considers such action is necessary for the safety and/or proper enjoyment of the Event by the Participant and/or other participants and/or spectators. Such a decision is final and not open to challenge.
9.4 All decisions and rulings by the Organiser shall be final in respect of the safety, running and organisation of the Event, the rules of the Event and finish positions. The Participant/Accompanying Adult/Parent or Guardian accepts that circumstances concerning the Event may change from time to time for reasons beyond the reasonable control of the Organiser and these may lead to the cancellation or change of the Event, venue(s), route(s) or other such changes. The Participant/Accompanying Adult/Parent or Guardian agrees to abide (and shall ensure Participants abide) by such change(s) and acknowledges that any decision is entirely at the absolute discretion of the Organiser.
10. Data protection
10.1 The Participant/Accompanying Adult/Parent or Guardian agrees to the Organiser storing the Participant/Accompanying Adult/Parent or Guardian’s personal information and using this information for the purpose of organising the Event.
10.2 In compliance with the Personal Data Protection Act 2010 The Participant/Accompanying Adult/Parent or Guardian has the right of access to their personal records held on the Organiser’s computer. In order to send the Participant a race pack, and produce his/her race results, The Participant/Accompanying Adult/Parent or Guardian authorises the Organiser to release personal details (including the Participant’s full name and address) to the pack provider, charity (if applicable) and any official photograph company. The Participant/Accompanying Adult/Parent or Guardian also authorises the Organiser to disclose the Participant’s information for medical purposes on the day of the Event.
11. Use of image:
The Participant/Accompanying Adult/Parent or Guardian consents to the Event being filmed, recorded or exploited by means of television, film, video or some other broadcast or media format and agrees to the use and reproduction of his/her name, likeness, appearance and photograph for marketing and promotion purposes. All such commercial rights in relation to the same belong entirely to the Organiser and the Participant/Accompanying Adult/Parent or Guardian has no proprietary rights in relation to any film, photograph or other such recorded media. If the Participant/Accompanying Adult/Parent or Guardian wishes for images not to be used in this manner, they should contact the Organiser in writing, by email.
12. Baggage storage
No baggage storage facilities are provided by the Organiser.
13. First aid
The Organiser shall use its reasonable endeavours to ensure that appropriate First Aid assistance will be available for the duration of the Event. There will be clearly signed First Aid points at the start/finish area of the course. Secretariat and organisers in attendance at the race are not medically trained and will not give medical assistance other than requesting an ambulance or paramedic in the event that medical assistance is required. The Participant/Accompanying Adult/Parent or Guardian authorises the Organiser to pass on any and/or all information that they have provided to the medical teams operating on the day of the Event if required for medical reasons.
14. Change of address
The Participant/Accompanying Adult/Parent or Guardian should notify the Organiser of any change of address or contact details. The Participant/Accompanying Adult/Parent or Guardian can contact the Organiser via email.
15. Event memento
Participants who complete the Event will receive 1 (one) Finishers Medal and E-Certificate. Event Finishers Medals are strictly limited to 1 (one) per Adult Participant.
16. Race cancellation – Organiser’s discretion
16.1 The Organiser reserves the right to cancel the Event up to 1 (one) month before the Event if insufficient applications are received, or if the Event is no longer economically viable.
16.2 If the Event is canceled in accordance with condition 16.1, the Organiser shall not be liable for any losses incurred by the Participant/Accompanying Adult/Parent or Guardian as a result of cancellation of the Event in accordance with this condition.
17. Race cancellation – Force Majeure
17.1 For the purposes of these terms and conditions, a “Force Majeure Event” means an event beyond the reasonable control of the Organiser, including but not limited to: strikes, lock-outs or other industrial disputes (whether involving the workforce of the Organiser or others), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction or action by a government or public authority, accident, breakdown of plant or machinery, fire, inclement weather, flood, storm, communicable disease, national mourning for over 65’s, nuclear risks and chemical and biological weapons, act of terrorism, demonstration, march, request of an authoritative body such as the police or fire service, any order of repatriation, internment, imprisonment, deportation or the refusal of permit to enter any country where the event is to be held, seepage and/or pollution and/or contamination or default of the Organiser or subcontractors.
17.2 If, as a result of a Force Majeure Event, the Organiser deems in its sole discretion that it is necessary to cancel, postpone or change the route and/or length of the Event, even during the period of the Event occurring, the Organiser shall be entitled to cancel, postpone or change the Event.
17.3 If, as a result of Force Majeure event, the Event is canceled or postponed, the Participant will not be offered a refund. Please see Appendix A for list of all scenarios which a refund would not be offered.
17.4 If the Event is cancelled or postponed in accordance with condition 17.2, the Organiser will make reasonable endeavours to rearrange the Event.
17.5 If the Event is cancelled, postponed or amended in accordance with condition 17.2 or if the Organiser breaches any of its obligations under these conditions as a result of a Force Majeure Event, the Organiser shall not be liable to the Participant/Accompanying Adult/Parent or Guardian for any losses incurred as a result (including as a result of its negligence) except in respect of losses that cannot be excluded by law.
17.6 If for any reason beyond the reasonable control of the Organiser, the Organiser is unable to comply with any of its obligations under the conditions including organising the Event, the Organiser shall not be liable to the Participant for any loss, damages or expenses incurred by the Participant.
18. Event date and time:
18.1 The Organiser reserves the right to alter the start time and/or date of the Event.
18.2 Should a change of date be made (excluding changes in accordance with condition 17.3) and the Participant is unable to attend on the revised date, he/she may receive a refund of their entry fee providing that they notify the Organiser in writing within 14 (fourteen) days from the date that the change in date is notified to the Participant.
19. Limitation of liability
19.1 Subject to condition 18.2, the Organiser’s total liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of any losses arising out of or in connection with the Event shall be limited to a sum equal to the total entry fee paid by the Participant/Accompanying Adult/Parent or Guardian to the Organiser.
19.2 Nothing in these terms and conditions shall limit or exclude the Organiser’s liability in respect of death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
19.3 The Participant/Accompanying Adult/Parent or Guardian agrees to indemnify the Organiser in relation to any claims, action, liabilities or losses resulting from any breach of these terms and conditions by the Participant or in respect of any losses caused to third parties by the acts or omissions of the Participant/Accompanying adult/Parent or Guardian.
19.4 The Organiser will not be liable for any pledges made by the Participant/Accompanying Adult/Parent or Guardian or on his or her behalf to any charity.
19.5 Except in respect of losses relating to death or personal injury resulting from the Organiser’s negligence, obtaining insurance for personal accident and loss as a result of the Event is the sole responsibility of the Participant/Accompanying Adult/Parent or Guardian.
20. General
20.1 The Organiser may vary these terms and conditions from time to time and the up to date terms shall be available on the Website.
20.2 Nothing in these terms and conditions shall constitute any partnership between the Organiser or any third party nor will any third party have the right or authority to bind the Organiser.
20.3 No waiver by either party of a breach or default or any amendment to these terms and conditions shall be effective unless in writing and signed by all parties.
21. Disclaimer
21.1 The Participant/Accompanying Adult/Parent or Guardian accepts all conditions of entry set out herein or notified to them prior to the Event or displayed at the Event or any instruction given to them by the Organisers or officials of the Event and the Participant/Accompanying Adult/Parent or Guardian acknowledges that the Organisers and officials of the Event shall have no liability for any loss or damage they or the Participant/Accompanying Adult/Parent or Guardian may suffer including consequential or indirect loss as a consequence of their participation in the Event (including but not limited to travelling to and from the Event and during the Event).
21.2 The Organiser will not be adopting Parentis at any point during the event and will not be responsible for any child participants in a situation where their parent/guardian is not present.
21.3 The Organiser accepts no liability for the state or condition of the surface upon which the Event is held and the Participant/Accompanying Adult/Parent or Guardian should ensure that they are satisfied with the state and condition of the surface of the route before the Participant commences the Event