Cam kết tham gia

[English below]

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SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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COMMITMENT TO COMPLY WITH THE TERMS FOR PARTICIPATION IN THE EVENT

Based on the following, the conditions of the event and the needs and capabilities of the participants, the participants and their legal representatives are completely voluntary, read, understand and agree to the contents of the terms set by the Event Management Board below:

Recitals:

1. Pursuant to the Civil Code (Law No. 91/2015/QH13);
2. Pursuant to the Law on Network Security (Law No. 24/2018/QH14);
3. Pursuant to the Law on Information Security (Law No. 86/2015/QH13);
4. Pursuant to the Law on Physical Training and Sports (Law No. 77/2006/QH11);
5. Pursuant to the Law amending and supplementing a number of articles of the Law on Physical Training and Sports (Law No. 26/2018/QH14);
6. Pursuant to Decree No. 112/2007/ND-CP dated June 26, 2007 of the Government, detailing and guiding the implementation of a number of articles of the Law on Physical Training and Sports;
7. Pursuant to Circular No. 17/2015/TT-BVHTDL regulating the doping prevention and control in sports activities;
8. Pursuant to Circular No. 04/2019/TT-BVHTDL of the Ministry of Culture, Sports and Tourism: Promulgating a List of sports activities that are forced to have trainers, the List of extreme sports;
9. Pursuant to the Law on E-Transactions (Law No. 51/2005/QH11);
10. Pursuant to the documents permitting the organizations to issue for a representative of the Event Management Board of local management agencies, authorities and agencies;
11. Pursuant to the Power of Attorney for representatives of the Event Management Board of the unit to grant the right to or license the event management;

Participants or in some contents referred to as athletes and representatives of participants, with good civil capacities, health and intelligence registered or registered on behalf of them in the event and are present at roll-call, took the kit and the bib participating in the event agree with the following:

A.         Interpretation of terms and definitions:

1. Event Management Board means a group of individuals and organizations duly organized based on documents and decisions of relevant agencies, departments or local management levels to operate the Event mentioned in this Commitment.
2. EMB means abbreviation of Event Management Board.
3. Decision on establishment of the Event Management Board means a decision of the local management agencies or authorities, licensing departments (authorizing organization) to implement the Event.
4. Members of the Event Management Board mean any individuals or organizations under the decision on establishment of the Event Management Board.
5. Participation in running means a basic need for all ages in the group of sports needs to satisfy health improvement, ranking competition and prizes, or meet friends at the running event. The purchase of rights to participate in running (also known as tickets to the running event) means a civil transaction for daily living needs suitable to all ages.
6. Athletes or participants: Participants in the run as athletes implement this Commitment. When it comes to athletes, if the athletes perform transactions with the Event Management Board through a legal representative, the legal representative is responsible for implementing all the rights and obligations of the athletes mentioned in all provisions of this Commitment.
7. Web-Base means the software running on the basis of website.

B.         Integrity of this document:

1. This document is consistent and sent by the Event Management Board to athletes or their representatives by email that has been signed by the participants.
2. Documents sent via email are considered a formal comparative document for all legal or litigation activities between the athletes or their representatives and the Event Management Board or vice versa (if any). Documents are sent immediately after the athletes or their legal representatives read and accept all terms.
3. All activities are not allowed to interfere with this content of athletes or their representatives or someone related to the athletes that disadvantage or damage another individual or the Event Management Board because content intervention is considered to violate the Commitment and will be handled in accordance with the law and subject to liquidated damages as evaluated by the Event Management Board or the Court.

C.         Compliance with rules of the game:

1. Run the road marked by the Event Management Board. Run the right number of round as regulated. Insufficient or short-cut run will be considered as invalid.
2. Record the time with the timer chip attached behind the bib.
3. Cross the finish line, person whose shoulder or chest is vertical to the finish line first will be in higher ranking.
4. Receiving the external help is invalid. Receiving the help of other athletes is invalid. Providing help to other athletes is invalid.
5. Hindering other athletes will be deprived of the right to further play or not recognized the results.
6. The results are recorded only in case of cut-off time.
7. Relay is prohibited, many runners with a same bib is prohibited. Running with a bib registered for others is banned. Result is not recognized if running without a bib. Result is not recognized if sex is disguised to play.
8. Faint or unconsciousness when playing will be considered as failure.
9. Result is not recognized if the instructions of the authorities are not observed.
10. Priority is given to personal safety if needed. If there is a risk of unsafe, the athletes should ensure safety first and immediately notify the Event Management Board for handling. Ignoring safety causing damage to itself, other athletes and others will be deprived of the right to compete or not recognized the results.
11. The award is not awarded after the awards ceremony.
12. The award may be withdrawn if the result is invalid.
13. Complaint about results shall be lodged during the competition and before the award ceremony. A prize may not be received if complaint is lodged after the award ceremony but achievement is acknowledged only. After official announcement of results, complaint is no longer valid.
14. The Event Management Board may refuse to award medals if the results are unclear.
15. Any acts of using banned substances in sports are prohibited. If the participants use banned substances, their results will not be recognized. All athletes are required to comply with the procedures for prevention of banned substances specified by the Event Management Board.
16. All other situations will comply with the Law on Athletic Competition issued by the General Department of Sports and Physical Training under the Ministry of Culture, Sports and Tourism.

D.         Liability for casualty or death:

1. In case of injury, casualties, the athletes or participants will be fully provided with emergency treatment measures by the Event Management Board such as: contacting people with emergency phone numbers provided, implementing the first-aid and emergency, carrying out other necessary procedures immediately to ensure safety.
2. In case of full implementation of all necessary and urgent handling measures, if there is no decisive capacity, the participants agree to every decision of the person called by the Event Management Board based on emergency contact information. If the Event Management Board cannot contact this person, the final decision shall be made by the authorities.

E.         Liquidated damages:

1. Operation of the race by the Event Management Board complies with public sports regulations and is not extreme sports.
2. Travel insurance is purchased for all participating athletes. The insurance limit can be only minimal. When the injury or death occurs, the athletes participating in the run have the right to require the insurer to compensate based on the insurance limit bought by the Event Management Board.
3. Other compensation for damage from the Event Management Board caused to participants will be based on the conclusion of general damages. The total compensation shall not exceed five (05) million dongs.
4. The Event Management Board does not accept compensation if the athletes deposit high-value items (over 05 million dongs) at the Event Management Board's locker.

F.         Decisions of the arbitrator and complaint about the result

1. The decision of the arbitrator before or during competition is not the final decision of the Event Management Board. In case of such a decision, the athletes have the right to continue playing and record the results (temporary results). If the athlete gives up when the arbitrator makes a decision, whether the decision is right or not, the official result of such athlete is also "failure".
2. If arbitrator’s decision is made before and during the competition but no athlete lodges a complaint during the competition, it will be recognized by the Event Management Board and may become the official decision of the Event Management Board.
3. Any arbitrator’s decisions may be reviewed by the Event Management Board, in compliance with the applicable Law on Competition and Laws of Vietnam. Even in the case after the competition and no complaint about the arbitrator’s decision, the Event Management Board also has the right to review the evidence for decision and may deny such decision if the evidence is not convincing enough or there is negative evidence which is persuasive enough to change the decision.

G.         Liability waiver, no litigation:

1. Participants and their representatives waive all rights to litigation and complaints in case of health and asset damage against the Event Management Board if the Event Management Board performs all contents stated in this commitment.
2. Participants and their representatives commit not to impute the blame, sue or file complaint against any member of the Event Management Board if the member fails to fully perform all tasks assigned to help the Event Management Board to complete the work contents committed in the event.
3. Participants and their representatives commit not to authorize any person or the 3rd organization to lodge a complaint or lawsuit against the Event Management Board or any its member.

H.         Gender of Participants:

1. The gender of participants is prescribed by gender recorded on identity papers (ID card, citizen card or passport).
2. In case the participant changed gender but has not yet applied for reissue of the papers or identity paper has not been completed and is using former papers, he/she shall report to the Event Management Board and then the gender of participant is recorded by the gender changed.
3. The award (if any) of transgender athletes can be reviewed if the athletes’ violations of sex laws are found.
4. The achievement shall not be recognized if registered gender is incorrect. In case the athlete finds the registered gender is wrong, he/she shall report to the Event Management Board before the competition. In case of report on incorrect gender after the start or after the competition, the award (if any) will not be recognized but the Event Management Board may record the achievement of athletes whose incorrect gender.
5. If the athlete has a transgender intention but has not changed his/her gender yet (transgender surgery), he/she shall write the current gender when registering. If the transgender is completed before the competition takes place, the athlete shall report to the Event Management Board to change the registration.

I.          Participation rights:

1. All persons who are eligible for health, social behavioral capacity have the right to participate in the competition and decide to participate by buying participation and registering.
2. Persons who are under 15 years old, have limited social capacity but want to participate shall have the approval of the representative (father, mother, legal guardians who are representatives and legally authorized persons).
3. Persons under 15 years old or with limited social behavior capacity when participating shall use identity cards, citizen cards or passports of the representative to perform all necessary procedures with the Event Management Board such as assign, checkin, race-kit and bib.
4. All necessary procedures shall be implemented with the Event Management Board again if the representative of participant under 15 years old or with limited social behavior capacity is changed.
5. Persons who are over 15 years old and have no or loss or are busy to register by identity papers (ID card or passport) want to participate, it is necessary to authorize a legal representative to perform procedures with the Event Management Board.
6. Participants may be denied by the Event Management Board (and may not be refunded) if they deliberately violate the terms committed to the Event Management Board or with the Event Management Boards of other competition many times.
7. Refusing this commitment will not be entitled to participate.
8. Giving up after buying participation may not be refunded.

J.          Communications:

1. The Event Management Board shall have the right to mention the name, the best achievement, the poorest achievement, announced competition history, nickname, stage name, competition results, result forecasts, ranking forecasts and achievement after the competition of athletes registered in communication messages on mass media and social networks.
2. The Event Management Board shall have the right to use the names of athletes registered for the purpose of promoting the competition.
3. The contents of the announcements of the Event Management Board are expired and invalid after the competition ends unless there are regulations on specific validity period of each announcement or the provisions of the Commitment providing for effective time.
4. In case the athlete, is present in collective photos which are under copyright, ownership of the Event Management Board, wants to use it for any commercial purposes, he/she shall obtain the consent of the Event Management Board.

K.         Respect for personal privacy:

1. The Event Management Board shall not take responsibility if the photo of athlete is posted on the network and commented by another athlete or any person.
2. In case of a civil dispute between the poster and the people present in the photo posted, the Event Management Board will only perform obligations required by the competent authority.
3. The Event Management Board may delete the athlete's sensitive or unwanted photos when participating in the competition at the request of the character in the photo without notice. Once these photos have been deleted by the Event Management Board, if any person who posted them back, or re-shared with the content containing the whole or part of the photo will be responsible before the law.

L.         Ownership and Authorization:

1. Any objects, including the race-kit and the bib provided by the Event Management Board to participants are the property under the ownership of the Event Management Board. The athletes who are provided with such objects by Event Management Board shall be authorized to use them as prescribed until the Event Management Board recovers.
2. The athletes who deliver the property of the Event Management Board for a 3rd person without the consent of the Event Management Board are not permitted and shall assume all the consequences or damages. The Event Management Board also has the right to request compensation for damage if the 3rd person uses unauthorized property of the Event Management Board causing damage to the Event Management Board.
3. Participating in the competition, the athletes have the right to own the competition services that the Event Management Board will perform for each athlete. The athletes have the right to exercise the ownership including: dispose, give, resell to others, and authorize others to carry out the required procedures. In case of authorization, the Event Management Board may require the athletes to provide authorization documents before further conducting the tasks.

M.        Copyright and ownership of photos:

1. Participants and their representatives have the right to take photos or hire person to take photo in the event. If hiring person to take photo, the athlete or the person authorized by the athlete or the athlete’s representative shall work in advance with the Event Management Board to receive limited rights on the race track. The Event Management Board may require removing any photo which is proved to cause any damage to the Event Management Board.
2. All photos in the event taken by the Event Management Board or person or partner licensed or authorized or assigned by the Event Management Board are under the ownership and copyright of the Event Management Board, and used by the Event Management Board, in its own discretion, in accordance with the Law.
3. The Event Management Board has full ownership and copyright and is co-author of all photos provided by the photographers agreed by the Event Management Board in the event.

N.         Infringement of intellectual property rights:

1. The Event Management Board has intellectual property rights to processes, creativity, photos within the event, produced, and created by Event Management Board. The athletes shall not copy, edit or publish the intellectual property without approval by the Event Management Board.
2. The Event Management Board owns copyright or rights to use software, applications on computers, phones or tablets, web-based software. Participants and their representatives shall not intervene, unlock, change the database or interface of the software.
3. Participants and their representatives shall be responsible for and compensate for all damages if wrongly or deliberately implementing operations to change the original processes, databases, interfaces of the software applied by Event Management Board for event management.

P.          Infringement Force majeure

1. If any force majeure event occurs, participants and their representatives shall notify the Event Management Board and the authorities.
2. If the event must be suspended due to force majeure events, the Event Management Board has announced its decisions in any form, when the decision is known, the participants and their representatives shall comply with such decision immediately.

Q.         Refunds and Complaint about refunds:

1. The Event Management Board shall be responsible for posting and publishing policies of refund and cancellation. Participants and their representatives understand and agree that the Event Management Board has the right to reserve, cancel the event for many different reasons including but not limited to bad weather conditions, war, terrorism, epidemics, riots or other reasons affecting the safety or security of the participants and audiences.
2. The refund policies will be applied in accordance with each event’s rules and regulations as announced by the Organizer. Participants are responsible for thoroughly reviewing all information related to the refund and cancellation policies for the specific event they have registered for. Regarding other products and services you have purchased, please contact the respective provider or refer to the individual policy for each type to obtain the necessary information and ensure your rights.
3. The organizers can unilaterally suspend, modify, or cancel the event for any reason, including qualified safety conditions. In the event of the event is being suspended, modified, or canceled for objective reasons (including and not limited to wind, rain, hail, hurricane, tornado, earthquake), terrorist activities, fire, threat or attack, industrial accident, flood, unavoidable loss, or any other cause beyond the Organizing Committee’s control, THERE WILL BE NO REFUND POLICY. NO FEE THAT IS EVENT RELATED WILL BE REFUNDED.
4. All requests for refund or cancellation will not be prioritized first if the Event Management Board is performing communication activities for general policies such as reserves and policies to support the participants to improve safety and policies to support the government to serve the State relevant branches, humanitarian policies or overcoming activities in an emergency.
5. Refunds for canceling the event may not be 100% of the purchase cost. Refund rates may vary on each person and depending on the announced policy. In the absence of announcement, the refund will normally based on the costs that the Event Management Board has spent on the operation or items of the produced event, then the remaining cost will be refunded for participants.
6. In case of refund, the Event Management Board will notify the completion time. If there is no notice of completion, the refund obligation will be done within a maximum of 01 year from the date of announcement or confirmation with the refunded person.
7. The refund form may be diversified and based on the initial payment method of the service purchaser. When implementing a refund, the Event Management Board may contact the service purchaser or participants and their representative to choose the form of refunds such as bank transfer

R.         Terms of compliance with the procedures and instructions of the Organizing Committee:

1. The Participant and/or the Participant’s authorized representative shall comply fully with all procedures as required by the Organizer.
2. Any individual who refuses to comply with the procedures as instructed by the Organizer shall not be permitted to participate in the Event.
3. The Participant and/or the Participant’s authorized representative shall bear sole responsibility for any loss, damage, or liability arising from any failure to comply with the procedures as required by the Organizer.

S.  Term of compliance with Data Storage, Use, and Privacy Clause

1. The Organizer shall have the right to use any information provided by the Participant and/or the Participant’s authorized representative (including but not limited to facial photographs, email addresses, photographs of identification documents, phone numbers, other contact details, and performance records) for the purposes of delivering the necessary services and activities required to organize the Event. The Organizer shall have the right to engage third-party software service providers to perform management, security, and interaction activities on the information provided by the Participant and/or the Participant’s authorized representative, provided that such activities are not contrary to applicable laws or result in the disclosure of information in a manner that would be detrimental to the Participant and/or their authorized representative.
2. The Organizer shall have the right to store such information for a maximum period of thirteen (13) months after the conclusion of the Event, in cases where the Participant and/or the Participant’s authorized representative have had no further interaction with the Organizer during that time.
3. The Organizer may seek the consent of the Participant and/or the Participant’s authorized representative to extend the right to use the previously provided information for another Event managed within the same information management system.
4. The Organizer shall have the right to refuse to provide services or to require the Participant and/or the Participant’s authorized representative to resubmit actions or requests in cases where the information provided is unclear.
5. The Organizer shall be obligated to implement security measures to protect against unauthorized access, data theft, or cyberattacks, to prevent the loss of information provided by the Participant and/or their authorized representative.
6. The Organizer shall be obligated to notify the Participant and/or their authorized representative of any security alerts if unauthorized access to their information by third parties or cyberattackers is detected.
7. In the event that damage occurs because of the disclosure of the Participant’s and/or their authorized representative’s information, the Organizer shall cooperate with the competent authorities to conduct investigations, trace the source, assess damages, and coordinate with the Participant and/or their authorized representative to remedy such damages.
8. Any Participant and/or authorized representative who does not consent to the Organizer’s use of the provided information for the purposes of organizing the Event shall not be permitted to continue participating in the Event and shall have the right to request that the Organizer delete any stored customized information.

T. Term of the Organizer’s Final Decision Regarding Postponement, Cancellation, or Adjustment of the Event

1. The Organizer shall not have the right to unilaterally postpone or cancel the Event without proper cause. If the Event is canceled, the Organizer shall refund in full all fees paid by the Participant and/or the Participant’s authorized representative to the Organizer.
2. In the event of any adjustments to the Event — including changes to the schedule, venue, or installation arrangements that may affect the Participant — the Organizer shall promptly notify the Participant.
3. The Participant and/or the Participant’s authorized representative shall be required to comply with all requirements and instructions issued by the Organizer in the event of postponement or cancellation due to force majeure conditions.

U. Term of Emergency Situations

1. The Participant shall designate an individual and provide the Organizer with that individual’s contact information for use in the event of an emergency. In the event that the Participant fails to provide such information, or if the designated individual cannot be reached, or if such individual encounters issues with decision-making — including untimely decisions, decisions without legal effect, or lacking the legal authority to decide — the Participant agrees to accept any decision made by the Organizer or by a third party/partner appointed by the Organizer to address the emergency situation relating to the Participant.
2. The Participant agrees to grant the designated individual full decision-making authority over all matters relating to the Participant in the event of an emergency. Such decisions may directly affect the Participant’s health, life, property, or reputation, and the Organizer shall bear no liability for any subsequent loss or damage suffered by the Participant because of such decisions.
3. If an emergency occurs involving the Participant, if the Participant has not completed the race, they shall be deemed not to have finished the Event.