For the purposes of these terms and conditions “The Challenge” will always refer to the “Active Travel Challenge”. In these terms and conditions, “Sustrans”, “we” “us” and “our” refers to Sustrans Limited, 2 Cathedral Square, College Green, Bristol, BS1 5DD, Charity No. 326550, Company no. 1797726. “The Service” refers to the service we provide at: atc.getmeactive.org.uk/ referred to as “The Challenge Website”. Any reference to “the Main Challenge Partner” refers to The Public Health Agency (PHA). Your contribution, access to and use of all information (“Content”) on this website is provided subject to these terms and conditions. Sustrans may amend this notice at any time and the latest version will be considered binding for all users of this website. Variation which materially change the nature of the way we process your personal data or what you can expect from us will be communicated to you either by email or at login. In cases where this is appropriate we will ask for your explicit consent to such variations. Participants indicate acceptance of these terms and conditions by registering for The Challenge.

Members

1. In order to access the Service provided on this website, you must become a member by registering for The Challenge. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to the “Privacy” section below (next section) and to our Privacy Policy on The Challenge home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details, including your name and email address, are true and accurate at all times. If you are joining a workplace team we recommend that you use your organisation email address.

3. On registration, you will provide a password and username.

4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

Eligibility and Journeys

1. The Challenge will be running between the dates displayed on the website page entitled “About The Challenge” which can be found on The Challenge Website (i.e.” The Challenge Period”).

2. To enter The Challenge you must live or work in The Challenge area- the area outlined on the website page “About The Challenge” which can be found on The Challenge Website.

3. You must be over 16 years old to register for The Challenge.

4. Sustrans employees and volunteers may enter The Challenge as an individual or join a team, but will not be eligible to win any prizes.

5. Trips must be logged at The Challenge Website within The Challenge Period to contribute to an individual’s or team’s results.

6. Journeys must only be logged retrospectively.

7. The Challenge includes all journeys outlined in the section “Which Journeys Count.” This can be found on the webpage “About The Challenge” which can be found on The Challenge Website. For the avoidance of doubt you will only be given the options of transport modes that are eligible within The Challenge as you log journeys on The Challenge Website.

8. To enter The Challenge, participants must first register at Challenge Website referenced above. Registration for The Challenge will usually be open from around 1 month prior to The Challenge and throughout The Challenge Period.

9. Upon creation of a team, participants will indicate the number of people employed at that organisation. Teams will be allocated to, and compete within, the appropriate size category for their team. If a team’s size increases to more than their present size category, they must notify Sustrans by emailing challenge@sustrans.org.uk. We will then move the team into the appropriate size category.

10. All participants take part in The Challenge at their own risk. Sustrans is not liable for any loss or damage incurred as a result of participating in The Challenge.

Competition, Prizes and Rewards

1. Participants will be expected to be honest and may only log actual journeys and distances travelled. Sustrans and the main Challenge Partner will monitor journeys and distance logged and reserves the right to reject entries at their sole discretion.

2. Where prizes are awarded the prize winners may be required to provide some evidence of their journeys. This may take the form of a short interview with Sustrans or the Main Challenge Partner staff and provision of a signed declaration stating that all journeys logged are a true and accurate representation of their journeys during The Challenge.

3. Sustrans will not accept any late, incomplete, corrupted, or incorrect registrations or logging of journeys.

4. For the Team Challenge - At the end of The Challenge Period, a prize may be awarded to a winning team in each size category. The winning team may be either the team which achieves the highest participation rate in relation to the overall size of the organisation during The Challenge Period or the highest average number of journeys in relation to the teams overall size. Which method of selecting the winning team for this Challenge is detailed in the “How do I win” section on the webpage “About The Challenge” on The Challenge Website. Details of the team prizes can be found on the webpage “Prizes” on The Challenge Website referenced above.

5. In the event of a draw, the winning team will be the one that has logged the greatest total mileage.

6. Notification of team winners – The team administrators (usually the person who registered the team) of the winning teams will be contacted by email by Sustrans or the Main Challenge Partner using the email address used by the team administrator to register for “The Challenge”. The names of the winning teams may also be displayed on the homepage and “Prizes” webpage on The Challenge Website after the prize winners have been selected for each prize and will remain on the homepage and “Prizes” webpage after the end of The Challenge. Sustrans or the Main Challenge Partner will make reasonable efforts to contact prize winners by email. If, for any reason, Sustrans or the Main Challenge Partner is unable to contact the prize winner, including the supplied email address not being valid, then Sustrans and the Main Challenge Partner reserve the right to withdraw the prize or to award it to a different team.

7. Delivery of team prizes –Sustrans or the Main Challenge Partner will discuss the fulfilment of the team’s prize when contact is made with the team administrator of the winning team or teams.

8. As a condition of accepting a prize the winning teams are agreeing to take part in publicity and promotional activities to promote the winning team as part of The Challenge, Sustrans and the Main Challenge Partner.

9. For the individual challenge - At the end of The Challenge - a variety of prizes may be awarded to the individual or individuals who log the greatest number of journeys during The Challenge period by different modes of transport. Details of prizes can be found on the webpage “Prizes” on The Challenge Website referenced above.

10. In the event of a draw e.g. when 2 or more individuals log the same number of trips for a particular prize category, the ranking will be decided by the total mileage figures, that is, the individual with the greatest mileage will be ranked highest.

11. For the individual challenge – Before and during The Challenge a range of weekly prize draws may be carried out to select weekly winners for a range of prizes intended to encourage participation in The Challenge. Details of these prize draws can be found on the webpage “Prizes” on The Challenge Website referenced above. Winners of these prizes will be selected at random from the group of participants stated to be included in the particular prize draw as per the details found on the webpage “Prizes” on The Challenge Website referenced above.

12. For the individual challenge – During The Challenge - a range of weekly prizes may be offered for the best photographs or comments posted on The Challenge homepage by participants. The winners of these prizes will be chosen by, and at the discretion of, Sustrans or the Main Challenge Partner. The details of these prizes can be found on the webpage “Prizes” on The Challenge Website referenced above.

13. Notification of individual winners – Individual prize winners will be contacted by email by Sustrans or the Main Challenge Partner using the email address the prize winner used to register for “The Challenge”. For the sake of transparency the names of the winning individuals may also be displayed on the homepage and “Prizes” webpage on The Challenge Website. After the prize winner has been selected, they may remain on the homepage and “Prizes” webpage after the end of The Challenge. Sustrans or the Main Challenge Partner will make reasonable efforts to contact prize winners by email. If, for any reason, Sustrans or the Main Challenge Partner is unable to contact the prize winner, including the supplied email address not being valid, then Sustrans and the Main Challenge Partner reserve the right to withdraw the prize or to award it to a different participant.

14. Sustrans and the Main Challenge Partner are legally obligated to make the name and county of prize winners available if requested. We will remind participants of this when we award them their prize and they will be given the option not to accept their prize if they are not comfortable with this condition.

15. Delivery of individual winners prizes – In most cases the individual prizes will be emailed to prize winners. If prizes need to be sent to prize winners via post then prize winners must supply a postal address to Sustrans or the Main Challenge Partner. This can be done by the participant by email once they have accepted their prize.

16. Upon accepting a prize, individual winners will be asked whether they would be happy to take part in publicity and promotional activities to promote the winner. Taking part in publicity and promotional activities are optional and will not affect the participant’s eligibility for the prize.

17. No cash or other prize alternatives are available for any prizes. Sustrans and the Main Challenge Partner reserves the right to substitute the prize for any prize of an equal or greater value in the event of circumstances beyond its control.

18. Sustrans’ decision regarding prizes is final and binding and in our sole discretion.

19. Prizes may need to be redeemed by the prize winner within a reasonable time period after the end of The Challenge. The period of redemption of prizes will usually be stated when the prize or reward is issued to the prize winner. If no period of redemption is stated then the period of redemption is assumed to be 3 months. If the prizes are not redeemed within this time, the prize winner may lose their right to claim the prize.

20. Rewards – The Challenge Website includes a rewards section accessed via the “my rewards” tab on the participants personal profile. All rewards are separate to the prizes and can be claimed by participants in return for logging journeys as part of The challenge. Terms and conditions for individual rewards are supplied alongside each reward. Unless otherwise stated, all rewards must be redeemed within 3 months of The Challenge end date.

Shared Content

1. You are responsible for all and any Content you contribute to the Service. When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed. This licence ends when you cease your membership except for Content which has already been released as part of the Service.

2. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.

3. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.

4. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.

5. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

Site Access

1. Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to terminate your membership if we become aware of your metatag or mirroring of our website.

Hyperlinks

1. The Challenge Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

2. You are welcome to link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

2. Your access to The Challenge Website does not license you to use any of its content in any commercial way without our prior written permission.

3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through The Challenge Website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

3. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage which arises in connection with your use of our website or any linked website.

4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other organisations. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

1. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

Indemnity

1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with UK law and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the relevant UK court and you agree to submit to the jurisdiction of those Courts.

2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.