In these terms “we”, “us” and “Birmingham 2022” means the Birmingham Organising Committee for the 2022 Commonwealth Games Ltd, a company established under the Companies Act (registed number 11120160) as the Organising Committee of the XXII Commonwealth Games to be staged and principally hosted in Birmingham in 2022 (the “Games“) and having its registered office at One Brindley Place, Brindley Place, Birmingham, England, B1 2JB. “I”, “you” and “your” refers to the person participating in the Queen’s Baton Relay (“QBR”) forming part of the QBR to be held at various locations throughout England.
These terms and conditions are a legal agreement which govern your involvement in the nomination process and your participation in the QBR if you are selected to carry the QBR baton (“Batonbearer”). Please read these carefully as they create binding obligations on you. If you do not understand any part of these terms and conditions please contact us prior to agreeing at https://helpcentre.birmingham2022.com/.
Any personal information supplied in connection with the QBR will be used, shared and retained as set out in the Privacy Notice at https://www.birmingham2022.com/queens-baton-relay/privacy-notice/nominations.
Part A: Nomination and Selection Process
I hereby acknowledge, confirm and agree that my involvement in the QBR nomination and selection process shall be subject to the following terms, conditions and statements:
1. I am a United Kingdom (UK) citizen and have permission to reside in the UK and live and/or work in England.
2. I am 18 years of age or older as at the date on which the nomination for my consideration as a Batonbearer for the QBR was made.
3. I acknowledge that the information about me, provided by me or the person or organisation (as applicable) who nominated me as a Batonbearer must be accurate and correct. I acknowledge that incorrect contact details provided to Birmingham 2022, such as email addresses, telephone numbers etc, will not be followed up and Birmingham 2022 will have the right to reject a nomination containing inaccurate or misleading information or to withdraw your selection as a Batonbearer.
4. I acknowledge that Birmingham 2022 will be:
4.1 storing and processing the information about you supplied to Birmingham 2022 as part of the nomination and selection process under the terms of the Data Protection Act 2011;
4.2 using this information to check the accuracy of information provided to Birmingham 2022 and/or to investigate any issues in respect of your involvement with the QBR; and
4.3 using the information and providing the information to selected third parties (including organisations working with us such as the Police, the Commonwealth Games Federation, CGF Partnerships Ltd, the Department of Digital, Culture, Media and Sport, Commonwealth Games Associations, Birmingham City Council and Local Authorities) and those organisations who will be required to review the information as part of the judging process to select the successful nominations (where applicable) and for such selected third parties to contact me, for the purposes of organising the QBR and/or the Games.
5. Personal information that you, or the person that nominated you, provide to Birmingham 2022 during the nomination process shall be removed from the Birmingham 2022 database if you are unsuccessful. Where your nomination is successful and you are chosen as a Batonbearer, your personal data will be deleted from Birmingham 2022’s database when it is no longer required for the purposes contemplated by these terms and conditions or for the organisation of the QBR. I acknowledge that I may request to be removed from the nomination and selection process, and my data deleted from Birmingham 2022’s database, at any stage. I further acknowledge that I will continue to receive other communications from Birmingham 2022 if I have specifically requested such other communications.
Part B: Participation as a Batonbearer
In addition to the provisions of Part A, I hereby acknowledge, confirm and agree that where I am successful in my nomination as a Batonbearer, I shall be subject to the following additional terms, conditions and statements:
6. I agree to participate as a Batonbearer in the QBR and to complete the segment of the QBR assigned to me by Birmingham 2022. I shall comply with these terms and conditions and all of Birmingham 2022’s rules, directions and guidelines for Batonbearers as may be provided to me from time to time, including any direction, rule or guidance given to me by Birmingham 2022 with respect to the handling of the Queen’s Baton, including those from a safety or an operational perspective, any COVID-19 event safety information or any other QBR event safety instructions given by West Midlands Police and/or other UK police force (together “the Police”) or Birmingham 2022. I understand that failure to do so may result in my place as a Batonbearer being withdrawn and precluded from any further participation in the QBR.
7. I acknowledge that prior to my participation in the QBR I will receive post at the address provided to Birmingham 2022 and that post will not be sent to multiple addresses. I acknowledge that this address must be a registered postal address in the UK.
8. I shall arrive at the Batonbearer collection point on the date and at the time notified to me by Birmingham 2022 and be ready to complete the segment of the QBR assigned to me, otherwise my place as a Batonbearer may be withdrawn.
9. I acknowledge that Birmingham 2022 or its appointed third parties (including, without limitation, the Home Office, and/or the Police will be carrying out background security checks and/or any other security checks that Birmingham 2022 require and will submit information to Birmingham 2022 and/or the Police when requested for this purpose. Birmingham 2022 reserves the right to disqualify any individual who fails to cooperate with such checks or that Birmingham 2022 considers that it would be inappropriate to permit to participate in the QBR following the outcome of such background security checks.
10. I shall provide any proof of identity specified by Birmingham 2022 either prior to or on the day of my allocated segment in the QBR. I shall cooperate by providing any information or documentation reasonably requested by Birmingham 2022 and also acknowledge that Birmingham 2022 or the Police will be carrying out any additional security checks on the day of my allocated segment in the QBR, which may include inspecting my personal property.
11. I agree that it is my responsibility, or that of the organisation which selected me (where applicable), to arrange and pay for my own transport to and from the QBR and to pay for any other costs associated with my participation in the QBR (unless these terms and conditions specify otherwise).
12. Throughout my participation in the QBR, I shall wear the official uniform for Batonbearers to be provided by Birmingham 2022 in advance of participation (at Birmingham 2022’s cost) and I agree not to wear any other outer clothing (other than my own footwear) (unless for religious reasons or as previously approved in writing by Birmingham 2022) or to carry any item other than the Queen’s Baton provided by Birmingham 2022.
13. I agree not to display any visible signage or logos or to promote any commercial product or service or to use my participation to further any cause, including without limitation, any political cause, in any way during or in connection with my participation in the QBR. I agree not to knowingly participate in, facilitate or encourage ambush marketing of the Games or act in any way which could embarrass or otherwise adversely affect the reputation of, or harm Birmingham 2022, the Games, CGF Partnerships Ltd or the CGF brands, trademarks or other proprietary rights or those of the sponsors of the Games. For the purposes of these terms and conditions, ambush marketing means any activity, commercial or non-commercial, undertaken by a person, which may reasonably imply that person is associated or affiliated with the Games in a manner that the person is not so associated or affiliated and includes the display or distribution of advertising materials or products with the intention of gaining exposure for any brand, unless such activity has been authorised by Birmingham 2022.
14. I acknowledge that unless otherwise agreed by Birmingham 2022, I shall be required to carry the Queen’s Baton the full distance of the segment assigned to me by Birmingham 2022. A segment shall be approximately 200 metres.
15. I acknowledge that, except in respect to officers of the Police who may accompany each Batonbearer, or where otherwise agreed with Birmingham 2022, no other person (including parents, guardians or friends, but excluding a guide for the visually impaired or, in the case of a Batonbearer with a medical or accessibility requirement, an essential companion) or pets, except assistance dogs, shall be permitted to participate alongside me in the QBR unless previously approved in writing by Birmingham 2022.
16. I acknowledge that my selection as a Batonbearer in the QBR is personal to me and I shall not allow or ask anyone else to carry the Queen’s Baton in my segment of the QBR. If I cannot, or do not wish to, participate in the QBR, I agree (i) to notify Birmingham 2022 in writing as soon as possible, (ii) that my place will be given to a different individual, and (iii) to return to Birmingham 2022 the uniform provided to me. I acknowledge that I am not entitled to transfer, swap or sell my segment to anyone and that I will not be able to change the date, time or place of my allocated segment. I acknowledge that I shall only be entitled to carry the Queen’s Baton in one segment along the QBR route unless Birmingham 2022 requests otherwise.
17. I acknowledge that I am responsible for all property I bring onto the QBR and that Birmingham 2022 accepts no responsibility for any loss or damage to such property.
18. I acknowledge that:
18.1 I will be filmed, broadcast, photographed and/or otherwise recorded in connection with the QBR and I shall make myself available for media and publicity interviews and photographs if reasonably required by Birmingham 2022, for the purposes of publicising and promoting the QBR or the Games;
18.2 Birmingham 2022 will be sharing my story to inspire people around the world and to using my name and hometown for the purpose of publicising and promoting the QBR or the Games in print and electronic media, including, without limitation, on the Birmingham 2022 website and social media outlets;
18.3 Birmingham 2022 will be issuing publicity concerning my participation in the QBR in any medium or format and that Birmingham 2022 may use and reproduce my name, image, likeness, voice or biography for such purpose; and
18.4 Birmingham 2022, the Commonwealth Games Federation and selected third parties, including the commercial partners of the QBR, Birmingham 2022, CGF Partnerships Ltd and future Commonwealth Games, will be using and exploiting such films, photographic material and recordings and my image and likeness in any media or by any means now known or subsequently coming into being without further recourse to me for the purposes of promoting and publicising the QBR, Birmingham 2022, future Commonwealth Games and the Commonwealth Games movement more generally.
19. I will notify Birmingham 2022 of any specific support needs or requirements I have in relation to any physical, medical or other condition(s) or impairment(s) which I am aware of and which Birmingham 2022 should be informed of, for the purposes of organising the QBR and I acknowledge that Birmingham 2022 will be keeping a record of such information for the purposes of organising the QBR. In the event I later become aware of any other such condition, support needs or any changes to my condition/impairment, I shall notify Birmingham 2022 of these as soon as possible and before the date I am due to participate in the QBR. I confirm that to the best of my knowledge and belief, I am not aware of any condition/impairment which may prevent me from taking part in the QBR and I am sufficiently physically fit to participate in the QBR without risk to my health. I acknowledge that it is my responsibility to seek my own medical advice in relation to my participation in the QBR and I shall be wholly responsible for acting on all medical advice and for taking all such precautions as may be necessary in relation to any condition or risk to health from which I may be suffering at the time of my participation. Birmingham 2022 recognises some participants may have accessibility requirements and will work with such participants to make arrangements that allow their participation in the QBR. Successful participants are encouraged to talk to us about their needs and how we can help.
20. In the event I am injured or ill whilst participating in the QBR, I agree to the administration of first aid and/or medical treatment by or on behalf of Birmingham 2022, any of its employees, volunteers or agents or any organisation Birmingham 2022 arranges to provide such treatment, unless I have notified Birmingham 2022 in advance in writing for any reason I do not wish to accept medical treatment. I agree that I shall be responsible for arranging and paying for any personal medical insurance required and for the payment or reimbursement of any medical costs incurred in respect of any first aid or other medical treatment (to the extent I am not otherwise entitled to such treatment under the National Health Services of the UK or otherwise) arising out of my participation in the QBR.
21. I agree that whilst Birmingham 2022 shall take all reasonable steps to ensure my safe participation in the QBR, I assume all of the risks associated with my involvement, including carrying the Queen’s Baton in a public space. In consideration of Birmingham 2022 permitting me to participate in the QBR I hereby acknowledge that Birmingham 2022, the Commonwealth Games Federation, CGF Partnerships Ltd, Birmingham 2022 sponsors and all of their employees, volunteers and agents shall not be liable for any loss, damage, or injury suffered in relation to my participation howsoever caused (except in respect of personal injury or death caused by the negligence of Birmingham 2022, its employees, volunteers or agents) and I hereby waive any and all claims or actions in respect thereto.
22. I acknowledge that in the event of unforeseen circumstances Birmingham 2022 may notify me that my Batonbearer place has been withdrawn and that I may no longer participate in the QBR. Further, I agree that Birmingham 2022 may withdraw my Batonbearer place at any time without notice if I do not comply with, or Birmingham 2022 believes that I will not comply with, these terms and conditions or any other rules or directions for Batonbearers or if I otherwise do or omit to do anything which, in Birmingham 2022’s opinion, adversely affects Birmingham 2022’s interests or those of the Birmingham 2022 Commonwealth Games or the Commonwealth Games movement.
23. I hereby indemnify Birmingham 2022 against all costs, claims, liabilities and/or expenses incurred as a result of my breach of any part of these terms and conditions.
24. I agree and shall ensure that any still photographs or still images taken by me, my family and/or friends during the QBR shall be for personal, private, non-commercial and non-promotional purposes only, unless prior written consent is obtained from Birmingham 2022.
25. I acknowledge that all broadcast rights associated with the QBR and the Games are reserved for official broadcasters. Therefore, I agree and shall ensure that neither I, my family and/or friends will record, or transmit in any form, moving images of any part of any of the QBR and/or the Games.
26. I shall treat all information supplied by Birmingham 2022 or anybody working with or on behalf of Birmingham 2022 (except for information which is in the public domain before it is supplied) as confidential and shall not use such information or disclose it to any third party (except to the extent required by law or by a court of competent jurisdiction or other competent authority), nor shall I make any press or other public announcement, interview or statement of any kind relating to my participation in the QBR, nor record or broadcast any part of the QBR, without Birmingham 2022’s prior written consent or direction.