General terms and conditions of participation in connection with the Special Olympics World Games Berlin 2023
Special Olympics Deutschland e.V. (hereafter “SOD”) and Special Olympics World Games Berlin 2023 Organizing Committee gGmbH (hereafter “LOC”) have the honour to organize and host the Special Olympics World Games Berlin 2023, which shall be an unforgettable experience for all participants.
The following general terms and conditions for participation (hereafter “Conditions”) intend to inform you and set the legal framework for the contractual relationship between us, SOD, LOC and you, partici-pating as a volunteer, Sport Technical Officials, Unified Sports Observer and Working Group members, or in a different role that requires your registration with us (hereafter “you” or “Participant”) for your participation in the Special Olympics World Games Berlin 2023 (hereafter “Games”).
With your application at the Games you express your agreement with the content of the Conditions
1. Your Registration and Assignment
1.1
You apply for participation in the Games with your registration on the online application form. By registering, you accept these Conditions as legally binding, both for your registration and in case of a selection for your assignment and participation in the Games.
1.2
By registering, you confirm that all information provided by you is true, accurate, current and complete, and that all permits, consents, authorizations and licenses specified in your registration form are available to you (e.g., as the case may be, valid residence title in Germany, driver's license, referee license, trainer license, etc.).
1.3
Should you compile a registration on behalf of (an)other person(s), you must ensure and confirm that you have all necessary rights and that you have been entitled with all necessary permits to advocate and fulfil such registration on behalf of this (these) other person(s). If you make a registration for (an)other person(s) without such necessary rights, you will indemnify and hold harmless SOD and LOC for all dam-ages and claims occurred vis-à-vis SOD and/or LOC as a result of this registration.
1.4
You are aware that SOD and/or LOC will as part of your application and participation collect and process your personalized data and furthermore will have to carry out background checks on persons registering for participation in the Games in order to comply with the legal requirement of the funding authorities and safety standards of the licensing authorities. SOD and LOC reserve the right to request further proof of reliability (e.g. certificate of good conduct). Further information on this can be obtained in our Privacy Policy.
1.5
When registering as a volunteer, you may name your preferences and availability as to when and in which areas or roles you would like to participate. The selection and the exact area of assignment is ex-pected to be defined in April 2023 and is at the sole discretion of SOD and/or LOC whereby your given experience, preferences and availability will be taken into account in the selection and allocation pro-cess as far as possible. Should you be selected, you will receive a notification from SOD and/or LOC. This notification will also contain details of your assignment (e.g., for volunteers: dates for preparatory trainings, etc.).
1.6
You confirm your age is 16 years or more as of the beginning of the Games on 01 May 2023 for the Special Olympics World Games 2023.
1.7
Before receiving the notification that you have been selected as Participant, you can cancel or withdraw your registration in text form (e.g., by email) at any time without the necessity to providing any reason. Should you be selected, you can still cancel or withdraw your registration in text form but please bear in mind that it is crucial for us and the whole success of the Games to be able to rely on the selected Participants. Therefore, we urge you to only cancel your registration in case of an important reason.
2. General Participation Rules in the Games
2.1
During your participation in the Games, you must follow the rules and regulations communicated to you by SOD and/or LOC. In particular, it is important to inform SOD and/or LOC as soon as possible if you are unable to fulfil an assigned task in terms of time, content or physical condition.
2.2
Unless agreed in advance and in writing with SOD and/or LOC, you bear your own costs and expenses in regard to your registration and your activity in the Games. SOD and/or LOC are neither obliged to reimburse you for such expenses and/or costs nor do SOD and/or LOC assume any liability in this respect.
2.3
Important information for Volunteers: SOD and LOC may provide you with relevant sponsored event equipment and uniforms that you are asked to use or wear during your participation in the Games. If this is the case, you agree to not display any other third-party logos, symbols, trademarks, brand names or copyright-protected works if this can be understood as advertising or promotion, in order to protect the interests of SOD and/or LOC sponsors and partners. In particular and furthermore, you are prohibited to sell or offer for sale the event equipment and uniforms or any other items provided.
2.4
It is strictly prohibited to you during Games time and while wearing the official uniforms provided to you, thus, while representing the Games, to consume, carry or be under the influence of drugs (including alcohol). At no time (before, during and/or after the Games) will discriminations or other aggressions, be it in word (including social media) or through direct or indirect behavior (including carrying weapons or other dangerous objects) be tolerated. Non-compliance with these provisions will result in instant dis-missal from the Games with no refund. Furthermore, SOD and/or LOC will not be responsible for any legal or financial consequences resulting here from.
2.5
SOD and LOC will put in place extensive regulations in regard to hygiene and health procedures. These regulations will be aligned with local authorities and must be followed by Participants at any time and under any circumstances by all volunteers, and all members of the delegations.
2.6
You are strictly prohibited to offer, accept or demand bribes (e.g., benefits, gifts, hospitality, etc.) of any kind, insofar these are intended to influence your actions as a Participant in the Games and/or exceeding the scope of reasonable and appropriate expenditure. Expenditures shall be deemed unrea-sonable or inappropriate if they exceed a value of EUR 35 per year. Should you become aware of such activities, you are obligated to immediately report them to SOD and/or LOC.
3. No employment relationship
3.1
You are aware that these Conditions as well as your contribution to SOD and LOC before, during and after the Games are not intended to establish an employment relationship now or at a later stage. You are, therefore, at no time an employee of SOD and/or LOC and will not be considered as such.
3.2
You are not entitled to any remuneration, compensation or salary before, during or after your participation in the Games.
4. Confidentiality, Media and Communications
4.1
You agree to maintain secrecy and confidentiality in regard to all confidential information you have access to within the scope of your participation in the Games. Confidential information include non-public information that is designated “confidential” or that a reasonable person should understand to be confidential. Confidential information does not include information that (a) becomes publicly available without a breach of these Conditions, (b) is received lawfully from another source without an obligation of confidentiality, or (c) is independently developed. You will treat all such confidential information with utmost discretion and, in particular, will not post this information on social networks, on remote cloud storage and/or similar web services, or share this information with any third-parties unless permitted by SOD and/or LOC. This obligation for confidentiality also applies in regard to pictures taken from individuals from which you do not have obtained consent to publish. This obligation to secrecy and confidentiality continues to apply after the end of your participation in the Games.
4.2
You are not authorized in your role as a Participant in the Games to speak in a non-sport-related context to media e.g., broadcasters, press, or social media. If you communicate with the media in a non-sport-related context without authorization or make inappropriate comments about SOD and/or LOC or the Games, SOD and/or LOC may immediately exclude you from your registration and/or terminate your participation in the Games by unilateral declaration.
4.3
You will not use or damage the reputation of any (word) trademarks or logos associated with the Games or SOD and/or LOC or those that may give rise to a likelihood of confusion with these trademarks.
4.4
SOD and/or LOC as well as licensees and/or relevant rights holders (e.g. broadcasters, TV stations, etc.) may take video or photo recordings on which you are identifiable, during and also after the Games, particularly for the purpose of the Special Olympics inclusion movement. You agree that you will not as-sert any claim for use, sale or exploitation of your respective rights for any reason. Further information on how personal data is treated in this respect can be obtained in our Privacy Policy as well as in our document for film and photo rights.
5. Liability and Insurance
5.1
It is recommended to every participant to take out an accident insurance. This is a voluntary additional insurance.
5.2
SOD and/or LOC are liable only for material damages that have been caused by gross negligence or intention by SOD and/or LOC (including its legal representatives and adjutants) or for damages, that are caused by culpable breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper perfor-mance of the contract possible in the first place and on whose compliance you regularly rely. Should a material obligation be breached by simple or slight negligence, then SOD’s and/or LOC’s liability shall, however, be capped to typical contractual foreseeable damages. Liabilities in case of culpable damage to life, body or healthy are exempt from these regulations and will be handled according to the legal regulations.
5.3
SOD and/or LOC are only liable for the loss and/or theft of object in case the loss or theft in question has been caused by intentional or grossly negligent violation of obligations by SOD and/or LOC (including its legal representatives and adjutants).
5.4
SOD and LOC shall be entitled to seek full recovery of any damages arising directly or indirectly from your conduct, acts or omissions in the course of your duties and activities as a Participant in the Games. In particular, you indemnify SOD and LOC from all claims, costs, demands, damages, losses, penalties and liabilities (including reasonable legal fees) that may arise from (a) claims by third parties for compensation for damage to property or persons caused by your actions in connection with your participation in the Games, unless the damages in question are covered by SOD’s and LOC’s liability insurance; and (b) any violations by you of any provisions of these Conditions.
5.5
SOD and LOC will provide adequate insurance coverage to cover damages caused by an accident during your participation in the Games. However, you are not entitled to any specific insurance or coverage claim from SOD and/or LOC in relation to your participation. Insurance coverage does usually not apply if, among other things, you cause damage intentionally or through gross negligence. Especially in such a case, you can be held personally liable.
5.6
You will notify SOD and/or LOC immediately of any damage caused by you in connection with your participation in the Games.
6. Term and Termination
6.1
These Conditions apply to your registration, your assignment and your participation regarding the Games in which you participate, including preparation and training sessions. Their validity ends with the termination of your participation, unless these Conditions stipulate that a provision continues to be valid after the Games.
6.2
SOD, LOC and you may terminate your participation in the Games in text form (e.g. by e-mail) at any time with immediate effect. As a result of the termination, you will return to SOD and/or LOC all documents and/or equipment and/or items received in connection (i.e. before during and after) with your participation in the Games.
6.3
Upon termination of the Volunteer’s participation in the Games, the Volunteer confirms that he/she will return to SOD and/or LOC any and all documents and/or materials received for the purposes of performing his/her role. The only exception to this may be any uniform which may be provided to the Volunteer.
7. Miscellaneous
7.1
If any of the provisions of these Conditions shall be determined to be invalid, unlawful or unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provision which shall continue to be valid to the fullest extent permitted by law. The invalid provision shall be replaced by any valid provision(s) which best reflects the initial purpose of the invalid provision.
7.2
SOD and/or LOC may change these Conditions at any time; but will notify you of any changes by email at your designated address.
7.3
These Conditions shall be governed by and interpreted in accordance with the laws of Germany. Any disputes between the Parties arising under or relating to these Conditions shall be settled exclusively by the competent courts in Berlin, Germany.
7.4
You will comply with all SOD and/or LOC policies and procedures, circulars, and announcements relevant to your role (including, but not limited to, code of ethics, accreditation and security procedures, use of communications equipment, commercial restrictions, and any communications policies, including social media policies, etc.) in fulfilling your role as a Volunteer.