TERMS AND CONDITIONS IN RESPECT OF

 New World Harbour Race 2023

FTLife Presents: #PowerUp on the Harbour

 

1.           Applicable Event
   1.                The Playpark described in Clause 2 below (the “Playpark" or “Event”) is organised by the Hong Kong China Swimming Association (the “Organiser" or “HKGSA”) and is an extended event of the New World Harbour Race 2023. The Organiser has authorised New World Development Company Limited (“NWD”) to handle registrations, quota allocations, operations and management of the Playpark.

 

2.                Each person who has completed and submitted the online registration form to participate in the Playpark (the “Registrant”) and each Successful Registrant who is allocated admission quota for the Playpark and participates in the Playpark together with the Eligible Companion (as defined below) (if applicable) (collectively referred to as the “Participants”), shall be deemed to have read, understood, and agreed to the terms and conditions applicable to the Playpark (these “Terms and Conditions”).

 

2.           Details of the Playpark

 

3.           Registration Procedure
   1.                Registration deadline at 11:59 p.m on 29th October 2023.

 

2.                Registrant must register by submitting the online registration form (the “Registration Form”) for the “New World Harbour Race 2023 – FTLife Presents: #PowerUp on the Harbour” (the “Registration”).

 

3.                The Registration time shall be based on the time of receipt of the complete Registration Form as shown on the electronic record of NWD. The Organiser and/or NWD will not be responsible for any delay, loss or errors in, or inability to recognise, the submitted information due to technical issues such as computer or network problems.

 

4.                Registrants shall ensure all submitted details provided in the Registration Form are genuine, correct and complete. The Organiser and/or NWD has the right to invalidate and nullify any Registration without prior notice if there is any inaccuracies or omissions in the submitted information, Registration Form is incomplete or with outstanding information, or Registration has been made by way of dishonest attempts or by any other methods intruding or tampering computer programmes and/or there is  any fraudulence, and reserve the right to take legal actions against any violations.

 

5.                Information submitted for the Registration cannot be modified upon submission.

 

6.                All Registrants will receive an auto-reply email sent by system upon submission of the Registration Form to confirm NWD’s receipt of such online Registration Form. Please note that completing and submitting the Registration Form, and/or receiving the auto-reply email sent by system, does not confirm, represent or guarantee that the Registrant will be successfully allocated quotas for the Event.

 

7.                In the event that the number of Registrants exceeds the number of quotas available for the Event, the quotas will be drawn on a random basis. A confirmation email (the “Attendance Confirmation Email”) containing information about the attendance arrangement of the Event will be sent to successful Registrants (the “Successful Registrants”) by the Organiser and/or NWD on or before Monday, 6th November 2023. Registration of the Registrant should be considered as unsuccessful if the Registrant does not receive the Attendance Confirmation Email by the Organiser and/or NWD on or before the aforementioned date.

 

8.                Each Registrant can only make one Registration and is only entitled to one entry in the random quota allocation arrangement. Duplicate Registrations or Registration(s) with incorrect information shall be deemed invalid.

 

9.                Notwithstanding that Registrants have indicated their preferred timeslot during Registration process, the Organiser and/or NWD reserves the right to designate another session to Successful Registrants based on the availability of the sessions of the Event. The Organiser and/or NWD's decision is final and absolute and shall not be subject to any dispute or challenge.

 

10.            Registrants can choose to provide the name and phone number of an emergency contact person during the Registration process for emergency contact purposes on the day of the Event.

 

11.            No on-site registration is available for the Event.

 

4.           Qualifications of Registrants and Participants

 

1.                Participants (including Eligible Companions, if applicable) must be at least 6 years old and above 100 cm tall. Participant’s age and height shall be calculated as of 12th November 2023 (i.e. the date of the Event).

 

2.                Registrant shall indicate whether they will bring along an eligible individual who meets the following criteria on the day of the Event (the “Eligible Companion”) during the Registration process:
   1.           Eligible Companion must be able to meet the basic requirements stated in Clause 4.1.
   2.           Each Successful Registrant aged 18 or above can bring along one Eligible Companion aged 6 or above to attend the allocated session of the Event.
   3.           Each Successful Registrant aged 15 to 17 can bring along one Eligible Companion aged 15 or above to attend the allocated session of the Event.
   4.           Each Successful Registrant aged 6 to 14 must be accompanied and supervised by an adult aged 18 or above as his/her Eligible Companion to attend the allocated session of the Event. Registrants aged below 14 must provide the full name of the Eligible Companion shown on his/her identification document during Registration.

 

3.                If the Successful Registrant fails to indicate that an Eligible Companion would be brought along, he/she will not be allowed to bring any person to enter into the Event venue on the day of the Event.

 

4.                The Organiser and/or NWD reserve(s) the right to inspect identification documents of the Participants on the day of the Event to verify their names and ages and to measure their heights, and the right to refuse admission of any person who fails to satisfy the above qualifications to the Event venue.

 

5.           Arrangements for Minors and Children

 

1.                If a Registrant is aged below 18 years old (“Minor”), the Registration Form of such Registrant must be completed by the Registrant’s father or mother or legal guardian and confirmed by them on behalf of the Registrant that he/she has read, understood and agreed to these Terms and Conditions. Prior to letting the Minors to participate in the Event, the parents or legal guardians should assess whether the Minors’ age, height, mental capacity, physical fitness and weight are suitable.

 

2.                All Successful Registrants or Eligible Companions aged 6 to 14 (“Child” or “Children”) must be accompanied and supervised by adult Eligible Companions in order to enter the venue of the Event. By accompanying a Child to enter the venue of the Event, the adult Eligible Companion is deemed to have agreed to these Terms and Conditions on behalf of such Child and have accepted to and shall bear all risks of participating in the Event. The adult Eligible Companion must be held responsible for the safety and the acts and/or omissions of the Child, and must accompany and directly supervise the Child to ensure the safety of the Child at all times.  

 

3.                All Successful Registrants or Eligible Companions aged 15 to 17 are allowed to enter the venue of the Event without the company and supervision of an adult, provided that they shall be fully responsible for their own safety and are responsible for notifying their parents or legal guardians of their participation in the Event. In the event of emergencies, the Organiser and/or NWD will notify the emergency contact of the Successful Registrants or Eligible Companions according to the information provided by the Successful Registrants or Eligible Companions (if any).  

 

4.                For the purpose of these Terms and Conditions, all Minor Participants are deemed to have received the consent of their parents or legal guardians.

 

6.           Change or Cancellation of the Playpark

 

1.                The Organiser and/or NWD may (i) close the venue of the Playpark, (ii) change the opening hours of the Event and the rules; (iii) control the number of admission; or (iv) suspend or cancel the Event or any session, having regard to the competition status or arrangements of the 2023 New World Harbour Race, operation needs, the capacity of the Event venue, special events, inclement weather, extreme conditions, safey of Participants or on-site helpers or any other situation under which the Organiser and/or NWD may deem necessary, without prior notice. The Organiser and/or NWD shall, to the extent reasonably practicable, endeavor to notify affected Successful Registrants. The Organiser and/or NWD’s decision shall be final and absolute and shall not be subject to any dispute or challenge. The Organiser and/or NWD shall not be required to provide substitute sessions of the Event or compensation for any of the above situations.

 

2.                The Playpark will be cancelled in the following inclement weather circumstances:
   1.           Typhoon Signal No. 1 or above is hoisted at 6:00 a.m. on the day of the Event (i.e. the Race Day of New World Harbour Race 2023); or
   2.           Amber/Red/Black Rainstorm Signal; or
   3.           or any other situation as the Organiser and/or NWD may deem necessary at their sole discretion to cancel New World Harbour Race 2023 and/or the Playpark.

 

3.                Participants are advised to pay close attention to the weather conditions on the day of the Event and the latest announcements made by the Organiser and/or NWD in relation to the Event.

 

7.           Admission Arrangement
   1.                Admission quotas allocated to Successful Registrants are non-transferable and no change of the allocated Event session is permitted.

 

2.                Successful Registrants and Eligible Companions shall arrive at the reception counter of the Event located at Tsim Sha Tsui East Promenade at least 15 minutes prior to the commencement time of the relevant allotted sessions, and present to on-site helpers the QR code for the Event provided in the Attendance Confirmation Email to collect the Event wristband (the “Wristband”) for identification purposes. Each QR code is valid for one Participant only. The Wristband is non-transferable. Participants must wear the Wristband provided during the Event and must not alter, trim, or modify the information on the Wristband in any way, and any Participant in breach will be disqualified from participation. The Organiser and/or NWD reserve(s) the right to refuse admission of any person without wearing a valid Wristband into the Event venue.

 

3.                After receiving the Wristband, Participants must arrive at the designated assembly location and enter the Event venue on time. Latecomers will not be entertained and will be considered having renounced their right to partipate in the Event.

 

4.                Participants and Eligible Companion must complete the companion form and provide their personal information to the Organiser and/or NWD and agree to these Terms and Conditions before entering the Event venue and attending the allocated sessions. If the Eligible Companion is a Child, the companion form must be filled out by the accompanying adult attending the Event. The collection, usage, storage, processing and sharing of their personal information will adhere to the relevant personal data collection statement and privacy policy statement.

 

5.                The Organiser and/or NWD reserve(s) the right to deny entry of individuals with a body temperature exceeding 37.5 degrees Celsius (according to the body temperature displayed on the thermal scanner provided by the Organiser and/or NWD), or individuals showing obvious symptoms of skin diseases, communicable diseases, respiratory tract infections and/or wounds (including but not limited to headache, vomiting, diarrhoea, severe coughing, skin allergy or inflammation, runny nose, sneezing, blisters or rashes on the hands and feet). The Organiser and/or NWD will not provide any substitute sessions of the Event or compensation to individuals who are required to leave the Event due to these causes.

 

6.                The Organiser and/or NWD will not offer any transportation arrangements and parking spaces to the Participants.

 

8.           Attire
   1.                Comfortable and lightweight clothing is recommended. Participants must wear sports shoes and clean socks (slippers, sandals, open-toed shoes, high heels, etc., are not allowed). Participants may be required to remove their shoes and wear socks in order to participate in certain activities in the Event. The Organiser and/or NWD will not be held responsible for or provide any compensation to Participants for any staining or loss of clothing resulting from their participation in the Event.

 

2.                Participants shall not wear or display inappropriate clothing, including inappropriately revealing clothing, to avoid obstructing orders or safety, or cause nuisances or obstruction to other Participants or on-site helpers.

 

9.           Property and Facilities
   1.                Participants are required to take care of their personal belongings on their own. They may choose to store their personal belongings in the lockers provided by the Organiser and/or NWD. However, Participants are advised not to bring along valuable items, and they are not allowed to carry items or containers exceeding the dimensions of 30cm x 28cm x 25cm during their participation in the Event. The Organiser and/or NWD are not responsible for any damage or loss of Participants' personal belongings that may occur during the Event, regardless of the cause.

 

2.                If any facilities and/or properties at the Event venue are damaged or lost due to any action of Participant(s), the Participant(s) shall be liable to make compensation in respect of the damaged facilities and/or properties in such sum to be determined by the Organiser and/or NWD in their sole and absolute discretion.

 

10.       Photos, Video and Audio Recording
    1.            No photography, video recording and/or live-streaming for commercial purpose is allowed without the written consent of the Organiser and/or NWD.

 

2.            Participants confirm and agree that the Organiser and/or NWD have/has the right to:
   1.           take photographs, video recordings and/or audio recordings of the Participants when the Participants are waiting at the Event venue or its  peripheral areas or participating in the Event; and
   2.           copy and use these photographs, video recordings and/or audio recordings that contain the Participants’ image and/or voice for any purposes, including but not limited to the marketing and promotion of the Organiser, NWD, New World Harbour Race 2023 and/or associated companies and/or marketing partners of NWD (including but not limited to FTLife Insurance Company Limited) for any Event, merchandise and/or services in the future,

without payment or compensation to any person. For the avoidance of doubt, the Organiser and/or NWD have/has the sole and absolute ownership of the above materials (including but not limited to intellectual property rights).  

 

11.       Prohibition
    1.            The participants must adhere to the following prohibitions:
       1.           Individuals with known skin diseases, communicable diseases, and/or wounds are prohibited from entering the Event venue;
       2.           Participants are not allowed to bring animals or pets into the Event venue, except for animals that are approved for service purposes (e.g. guide dogs);
       3.           No cutting in line, holding spaces or leaving and returning during queuing for any reason;
       4.           Use of indecent language is strictly prohibited;
       5.           Engagement in any behavior deemed indecent, offensive, disturbing or improper by the Organiser and/or NWD is strictly prohibited;
       6.            Do not hinder or affect the Organiser and/or NWD on-site helpers from performing their duties or executing these Terms and Conditions;
       7.           Spitting or engaging in of any unsanitary behaviour is not allowed;
       8.           Littering is strictly prohibited;
       9.             Smoking or possessing of lit cigarettes, cigars, pipes, or electronic cigarettes is strictly prohibited at the Event venue;
       10.             Carrying of any sharp objects into inflatable play facilities is strictly prohibited;
       11.           Engagement in ball games, sports or using any wheeled devices or shoes is strictly prohibited;
       12.             Conducting of activities, demonstrations, public speeches, promotion or dissemination of any political information, and other unauthorised public gatherings or assemblies that may affect the operation of the venue is strictly prohibited;
       13.         Use of radios, amplifiers, whistles, audio or visual playback devices, or instruments that may disturb Participants or affect the operation of the Carnvial venue is strictly prohibited;
       14.           Use of remote-controlled flying devices at the venue is strictly prohibited;
       15.           Selling, providing or offering of any items or services is strictly prohibited;
       16.           Posting of any flyers, banners, signs or notices is strictly prohibited;
       17.           Distribution of any books, booklets or printed materials or any product samples is strictly prohibited; and
       18.            Entering into or remaining in of the Event venue during sessions other than the allotted session is not allowed.

 

2.            The following items are strictly forbidden：
   1.           Food, alcoholic or other beverages (except water)
   2.           Any dangerous goods, or illegal or restricted items (include but not limit to the dangerous goods specified in the Cap.295 Dangerous Goods Ordinance of the law of Hong Kong);
   3.           Any type of weapon or any object which resembnles weapon (including but not limited to toy guns or toy swords etc.);
   4.           Any items which may be deemed offensive, illegal, disturbing or harmful, or any items which may cause nuisances to other Participants and/or on-site helpers, or affect the operation, order or safety of the Event venue or the natural environment;
   5.           Glass containers;
   6.            Any item which emits an odour of any kind;
   7.           Tripods, folding chairs and stools;
   8.           Trolleys, shopping carts or storage boxes, containers, luggage, shoes and other items with wheel;
   9.             Any item with dimensions exceeding 30cm x 28cm x 25cm; or
   10.             Any item that the Organiser and/or NWD believe(s) will be harmful, or may cause chaos, repugnant, or may interfere with the operation of the Event.

 

3.            In the event of any Participant failing to comply with the above terms, the Organiser and/or NWD have/has the right to revoke his/her eligibility to participate in the Event and to request such Participant and (if any) his/her Eligible Companion to leave the venue immediately.

 

12.       General Guidelines
    1.            Participants must strictly follow the instructions of the on-site helpers and maintain order and cleanliness of the venue. All facilities will be regularly cleaned and disinfected.

 

2.            For the purpose of crowd management and to ensure the best possible amusement experience of each Participant, the Event will adopt a one-way system. If there are a large number of Participants, Participants are required to wait patiently. The Organiser and/or NWD’s on-site helpers will notify Participants via venue broadcasts 10 minutes before the end of each carnvial session to prepare for leaving.

 

3.            All Participants must be aware that the Event may be dangerous and may carry potential risks, which may result in personal injury or death. Before entering into the Event venue or participating in the Event, Participants must self-assess and evaluate the risks of the Event and are deemed to have agreed to assume and accept all risks by entering into the venue to participate in the Event.

 

4.            The Organiser and/NWD assume(s) that all Participants are in good physical condition and capable of participating in the Event and/or using the facilities at the Event venue. If Participants suspect that their participation in the Event may cause discomfort to their body, they are recommended to obtain prior medical consultation or prior medical clearance. The Event venue may be wet and slippery and swaying, for safety purpose, some entertainment facilities in the venue are not suitable for any person with hypertension, heart disease, cervical spondylosis and lumbar spondylosis, back disorder,  disease of the internal organs, recurrent epistaxis, and/or anyone who is pregnant, under the influence of alcohol or drugs or feels unwell, and such person are recommended to take consideration of their physical conditions and status in deciding whether to participate in the Event.

 

5.            Participants shall be responsible for any accident or falling into the water due to their personal behaviour or failure to comply with the relevant terms.

 

6.            All Participants must use the facilities and items in the Event venue responsibly, and pay close attention to the safety of themselves, other Participants and/or on-site helpers. If a Participant's action causes injury to others, that Participant may be held responsible.

 

7.            All Participants must at all times strictly comply with these Terms and Conditions, as well as other instructions and rules given by the Organiser and/or NWD. The Organiser and/or NWD have/has the absolute discretion to deny entry or to request the exit of Participants who has done irresponsible, deliberate, negligent, reckless, unsafe, illegal or obstructive acts or do not comply with these Terms and Conditions, without providing another substitute session of the Event to the said Participants or compensation.

 

8.            For safety reasons, security staff reserves the right to intercept or interdict persons who constitute a threat to public safety and good order.

 

9.            The Carnvial venue is equipped with life jackets. In case of emergency, Participants are required to follow the instructions of on-site helpers for life jackets usage.

 

10.        To the extent permitted by law, Participants (and for and on behalf of the Minors) agree to waive, release, indemnify, relinquish and hold harmless the Organiser and/or NWD, the Organiser and/or NWD’s directors, officers, employees, subcontractors, agents, or similar persons from any loss, liability, damage, obligation, claim or demand of whatever nature for any Participants’ injury, damage, loss, liability, cost, expense, fee, claim, or demand howsoever caused, incurred or sustained, during the course of, in connection with or as a result of any matter related to these Terms and Conditions and/or at the Event venue (including but not limited to during the time of the Event).

 

11.        The Organiser and/or NWD are/is not responsible for any accidents, personal injuries, death, loss or damage of properties howsoever caused to the Participants. In any event, all Participants hereby expressly waive any claims, litigations, proceedings or similar procedures against the Organiser and/or NWD for any personal injury, death, or loss or damage to property irrespective of whether arising from or in connection with the Participants' participation in the Event to the extent permissible under the law. For the avoidance of doubt, these Terms shall not limit or exclude the Organiser and/or NWD's liability for any legal responsibility arising from negligence resulting in the Participants' death or personal injury.

 

12.        NWD is not the provider of the Event venue and the installations, facilities and items at the venue, and shall not assume or be held responsible for any obligations or liabilities in connection with the Event venue and the installations, facilities and items at the venue (including but not limited to the game content of the Event). In the event of any disputes, Participants should contact the Organiser directly.

 

13.       General Terms and Conditions
    1.            The Organiser and/or NWD reserve(s) the right to amend these Terms and Conditions at any time without prior notice.

 

2.            All interpretations of these Terms and Conditions shall be at the sole and absolute discretion of the Organiser and/or NWD. In the event of any disputes, the Organiser and/or NWD’s decision shall be final, irrevocable and binding.

 

3.            If you have any questions about the Event, please email to nwharbourrace2023@nwd.com.hk.

 

4.            The Chinese version of these Terms and Conditions is for reference only. The English version of these Terms and Conditions shall prevail if there is any inconsistency between the English and Chinese versions.

 

5.            Save for the Registrants or Participants and the Organiser and/or NWD, no person shall have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of these Terms and Conditions or to enjoy the benefits as set out in any term of these Terms and Conditions.

 

6.            These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”). All disputes associated to these Terms and Conditions shall be submitted to the non-exclusive jurisdiction of the courts of HKSAR.

 

Issued by the Organiser on 18th October 2023.