PARTICIPANT
Terms & Conditions

PLAIN SPEAKING AND PLAIN DEALING

By agreeing to the following Terms and Conditions, you also automatically acknowledge that you understand and agree to comply with the specific policies related to your activity, the use of this website or any other specific conditions you may have declared through the registration process.

  1. General Terms and Conditions

1.1. On registering (as defined below) to participate in any sport, event, programme or activity in relation to Gay Games 11 as an athlete, volunteer, official, spectator, supporter or any other participant (each, a “Participant“) through Fusesport, Inc. (“fuseSPORT”), you agree to comply with the following policies:

fuseSPORT is an independent controller engaged by GGHK Limited (the “Host“) and will collect and control all Participant’s information. You also agree to abide by and comply with all applicable laws and regulations, in particular, those of Hong Kong. You should also respect all local cultures and traditions where possible.

You also agree not to do or say anything that would conflict with or contradict the Federation Principles, or bring the Host, the Federation of Gay Games (the “Federation“) or Gay Games 11 into disrepute. As Gay Games 11 is a non-political event, it is not a forum to publicise your political views, and Host may cancel your participation if you breach this restriction.

The Host has the sole discretion to determine if a Participant has violated any of the above, as well as what, if any, measures to be undertaken as a result of the violation or attempted violation, including but not limited to restrictions on participating in or being barred from Gay Games 11 (and whether any refund should be provided).

1.2. The Host may change or adjust venues, arrangements, planning, competition days and schedules of events, at its sole discretion.

1.3. You accept and abide by any conditions or restrictions that venues and facilities used by the Host may impose as conditions of entry on visitors or users of them.

1.4. If you sustain an injury or illness while participating in any role in Gay Games 11, you hereby authorize any medical or health personnel to perform and administer first aid medical treatment as deemed necessary and to seek more specialized medical attention at hospitals and health care institutions if deemed necessary by any first aid and medical staff or contractors of the Host.

1.5. You should obtain personal and health care insurance as a Participant in Gay Games 11. It is your responsibility to organize your own travel insurance, health care insurance, property insurance, liability insurance and personal accident insurance to cover you and your property for the whole period of Gay Games 11, including travel to, from and during Gay Games 11.

1.6. You warrant and declare that you will be at least eighteen years old at the beginning of Gay Games 11.

1.7. You may withdraw from participating in Gay Games 11 and/or sporting event(s) by notice to the Host or by simply not attending, but your participation and/or sport registration fee will not be refunded.

  1. Disclaimer of Liability – Limitation of Liability — Assumption of Risk

2.1. Beyond a refund of your participation and/or sport registration fee(s) (excluding any currency conversion charge already incurred by the Host), the Host is not liable to compensate or refund you any other costs or expenses you may have incurred if events or activities are cancelled pursuant to Section 3.4 below. If you are the recipient of any fund or scheme operated by the Host or the Federation that paid for your fees or those fees were waived for any reason, that amount shall not be refunded.

2.2. In no event shall the Host be liable for property loss or damage and/or personal injuries suffered by you other than those which are caused by gross negligence or intentional misconduct of the Host, the Federation, or the authorized actions of its management, officers, trustees, directors, employees, agents or authorized representatives (the “Released Persons“) that are intentional or grossly negligent. In any event, to the extent permitted by law, damages shall be limited to the actual current value of the property that is lost or damaged, and for actual personal injuries, and in no case will the Host be liable for incidental or consequential damages, loss of profits, inconvenience or increased travel costs. This limit of liability shall apply to the Host as well as to the Released Persons and the Federation.

2.3. In no case will the Host be responsible for the acts, inactions, expression or statement of any of its officers, trustees, sponsors, employees, representatives, agents, volunteers, venue providers, the Federation and/or third parties which are not authorized by the Host. The Host will not be responsible for any acts, inactions, expression or statement of Participants or attendees of Gay Games 11 or related activities against other Participants or attendees.

2.5. The limitations of liability in this Section 2 apply to any event or any other activity that is part of or related to Gay Games 11.

  1. Registrants

3.1. If you register to participate in any sporting, arts or cultural event at Gay Games 11 (“Registrant”, and Registrants are also Participants), you agree to abide by the rules and regulations of Gay Games 11 events as determined by the Host and specific governing bodies for the relevant events, including all written and verbal instructions which may be given by the Host, designated officials and event managers. Failure to comply with the instructions, rules and regulations of Gay Games 11 and/or governing bodies for sports, arts or culture events may result in your immediate or ultimate disqualification and/or suspension from being a Registrant in or for events or from Gay Games 11 completely.

3.2. You accept that decisions of the Host and Gay Games 11 judges and tournament officials are final as to any matter, action or non-action.

3.3. With respect to sporting events, the Host reserves the right to have officially designated officials reclassify the Registrant’s self-selected grade, level, category, division or other classification. The Host reserves the right to combine or eliminate grades, levels, rounds, event lengths, categories, divisions, or other classifications if it deems necessary, at its sole discretion, including but not limited to ensuring a reasonable number of participants for each event. The Host may, in its sole discretion, present ribbons, non-precious metal medals (gold, silver and bronze colored) or other awards to the first, second and third place winners, respectively, as described in the competition rules for each sport event actually held and where medals or awards are awarded. Consolidation of levels, grades and divisions or age groups on a limited number of Registrants may, in the absolute discretion of the Host, modify, reduce or eliminate the number of medals or awards ultimately awarded.

3.4. Events for Gay Games 11 may proceed in all weather and other environmental conditions provided that the Host and event officials determine, in their sole discretion, that it is safe to do so. The Host may reschedule or cancel events for any reason, including but not limited to any extraordinary circumstance beyond its reasonable control, such as serious fire, storm, and/or flood, earthquake, explosion, act of a public enemy, war, insurrection, terrorist act or threat of terrorist act, sabotage, epidemic, pandemic, embargoes, strikes and/or labour disputes, acts of God, acts of any government whether national municipal or otherwise, or any agency thereof which affects the performance of the Host but does not include a lack of funds or being or becoming insolvent, as well as a lack of sufficient participation numbers. In all cases, the final arbiter shall be the Host, who may decide, in its sole discretion, to provide a refund of Registrant fee(s) (excluding any currency conversion charge already incurred by the Host) for such cancelled events. If you are the recipient of any fund or scheme operated by the Host or the Federation that paid for your fees or those fees were waived for any reason, that amount shall not be refunded.

3.5. You declare that you are in a physically and mentally fit and healthy state with appropriate sufficient skill and abilities required for participation in Gay Games 11 events for which you are registering as a Registrant, and that you are not aware of any serious medical condition that would prevent you from so participating. (For clarification, it is agreed that having been diagnosed as HIV positive is not alone considered a “serious medical condition” for the purposes of this clause.)

3.7. All Registrants acknowledge that they have considered the risks involved in such participation, as well as the losses that might arise should the participation result in said loss, including but not limited to injury or loss of life to/of Registrants and others, as well as property damage to the possessions and other property of Registrants during Gay Games 11 and its related activities. Each Registrant fully acknowledges and agrees to assume the risk of such loss to the extent permitted by applicable law. You agree that, to the extent Control of Exemptions Clauses Ordinance of the laws of Hong Kong (“CECO“) applies to these Terms and Conditions, the application of CECO to the waivers provided hereunder shall be limited to the maximum extent permitted by law.

  1. Authorization re: Intellectual Property and Other Rights

In consideration of the acceptance of your registration as a Participant, you grant to the Host, the Federation and their respective directors, trustees, officers, employees, agents, insurers, subsidiaries, affiliates, successors, representatives, assigns and designees as well as to such other persons as they may designate from time to time (collectively the “Authorized Parties“), perpetual, worldwide and irrevocable authorizations, as set forth in Sections 5 and 6 below, in connection with your participation (including but not limited to any performance that you may give, whether athletic or artistic).

  1. General authorization for all Participants

5.1. In consideration of the Host granting you permission to participate in Gay Games 11 and events and activities related thereto, you hereby agree, subject to the privacy policies of the Federation, that the Authorized Parties shall have the irrevocable, absolute right and permission (but not the obligation) to use your name, likeness, voice and biographical and photographic material (including still or moving images of you, either alone or accompanied by other persons or material), in any manner and in any media and in any venue without restriction as to number of uses, throughout the world, for the purpose of promoting, publicizing, advertising and exploiting Gay Games 11, future Gay Games, and/or the Federation. This shall include any archiving, exhibition, results publication, communication to the public and distribution in any market by any means of telecommunication or distribution whatsoever, now known or later discovered, and namely without limitation any exhibition, communication and distribution by means of electronic, Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs, any print media in, or in connection with Gay Games 11, future Gay Games, and/or the Federation. You hereby acknowledge that Authorized Parties can proceed with any use of your name, likeness, voice and biographical and photographic material under Section 5.1 without giving you prior notice or receiving your approval.

5.2. You agree not to act in a way that would compete with or devalue the rights of the Federation, the Host and/or Gay Games 11, or those of specific sport clubs sponsors’ rights regarding intellectual property, branding potential, logo rights, exclusive presence, etc. at venues where events are being staged. If at any time during the event, officials designated by the Host determine, at their sole discretion, that your actions may result in the devaluation of said sponsor rights or interfere with the intellectual property rights of event sponsors, you will be required to immediately cease such action, including the removal of any uniforms, signs or other items that compete with sponsor or potentially devalue such sponsorship.

5.3. You agree that your participation in Gay Games 11, or attendance at any event or other activity related thereto does not entitle you to any intellectual property rights, and to waive and transfer any rights granted by law, to the Host or the Federation. You specifically waive, to the extent possible, any “moral rights,” rights of privacy or other rights arising in connection with the Gay Games 11 and related events or activities.

5.4. You agree not to make any unauthorized use of Gay Games 11 logo or trademarks or any other intellectual property of the Federation or the Host, or in any way infringe those rights, and to abide by Gay Games 11 rules and policies governing use of logos and trade names.

  1. Authorization in respect of artistic performance(s)

6.1. Without limiting the generality of the above General Authorization for all Participants, in respect of any Artistic Performance (as defined below) you may give at, or in connection with Gay Games 11, you also grant Authorized Parties the following perpetual and exclusive worldwide rights and waiver:

  • to record or otherwise reproduce and archive by any means and in any support whatsoever, now known or later discovered, all or any part of your Artistic Performance;
  • to exhibit, communicate to the public and distribute in any market your Artistic Performance or any part thereof by any means of telecommunication or distribution whatsoever, now known or later discovered; this includes without limitation any exhibition, communication and distribution by means of Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs or any print media;
  • to cut, edit, add to, subtract from, arrange, rearrange, shorten and revise your Artistic Performance in any manner as Authorized Parties may determine including without limitation the right to make derivative works; in their sole reasonable discretion;
  • to use your Artistic Performance in connection with the advertising and promotion of Gay Games 11, future Gay Games, the Gay Games organization and similar events and of the respective activities of the Authorized Parties;
  • to allow the Host or the Federation to assign and license to others any or all their rights under this waiver;
  • to the extent any Artistic Performance results in intellectual property that could be deemed a “work for hire”, you hereby assign to the Host all rights in and ownership of said intellectual property; and
  • you specifically waive, to the extent possible, any “moral rights,” rights of privacy or other rights arising from your Artistic Performance.

 

Artistic Performance” shall include artistic performances of any kind and nature and any and all intellectual property rights arising from or related thereto and shall not be limited to musical, instrumental, speaking, presentation, vocal or singing performances or other sound effects produced by you as well as any dance or theatrical performances, and shall include all visual, aural and other media capable of being sensed by a human being that arises from or is part of an Artistic Performance.

6.2. Without limiting the generality of all authorizations given above, you hereby specifically consent to the use by the Authorized Parties, of your name, likeness, voice and biographical and photographic material in connection with your Artistic Performance at Gay Games 11 for the purpose of promoting, publicizing, advertising and exploiting Gay Games 11, future Gay Games, the Gay Games organization and similar events and the respective activities of the Authorized Parties.

6.3 You acknowledge that unless you perform a piece composed or written by yourself, most music, lyrics and songs in the public domain is owned by third parties, and you agree to obtain a licence if you perform any music, lyrics and songs owned by third parties. As the Host cannot be held responsible for such potential intellectual property right infringement, you agree to indemnify (and keep indemnified), defend and hold harmless the Host from all demands, liabilities, claims, costs (professional or otherwise), expenses, damages, losses, and obligations, of any kind or nature (whether in law or in equity), which may arise or result (either directly or indirectly) from your performance of third party music, lyrics or songs.

  1. Legal Effect and Governing Law

7.1 These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong, and all disputes or complaints arising out of or in connection with them shall be submitted, in the first instance, to a committee comprising of members appointed by GGHK (“Disputes 委員會”) for determination.

7.2 If the dispute or complaint cannot be resolved by the Disputes Committee, the Host or you may refer it for final determination by the Hong Kong courts, who will then have exclusive jurisdiction over disputes arising from or related to these Terms and Conditions or relating to your participation. You agree that, other than the Disputes Committee, such courts are the proper forum for the determination of any such dispute. You further agree that service of legal documents arising out of any such adjudication shall be, unless otherwise required by law, by certified mail-return receipt requested, or the nearest reasonable and practical equivalent thereto in the country where such documents are to be served. The address to be used for any such service of process shall be:

  • If upon you, the address provided in your registration form (whether online or in writing); or
  • If upon the Host, its principal place of business as of the first day of Gay Games 11;

and will constitute good and effective service for all purposes. The English language version of these Terms and Conditions take priority over any non-English versions. The application of the United Nations Convention on International Sale of Goods is explicitly excluded. No trade usage will be used to explain or supplement these Terms and Conditions.