WORLD RECORD ATTEMPT
Terms, conditions, rules and MORE
PLEASE READ!
White Thorn Events is handling all of the GWR requirements, but they need very participant, parent or guardian to read the following information.
White Thorn Events is handling all of the GWR requirements, but they need very participant, parent or guardian to read the following information.
GWR RECORD TITLES
We want you to be successful! To do this, you will need the correct information before attempting a Guinness World Records record title.
PROPOSALS
1. GWR receives a large number of Proposed Record Titles. Only some Proposed Record Titles are suitable to become official GWR record titles (“GWR Record Title”).
2. Your Proposed Record Title will only be deemed to be a GWR Record Title if you have received the following from GWR:
2.1 a claim number in relation to your Proposed Record Title (“Claim ID”); and
2.2 email confirmation that the Proposed Record Title is accepted as a GWR Record Title; and
2.3 a definition of the GWR Record Title you will attempt to break and related guidelines which you will need to comply with (“Guidelines”).
(collectively “Record Attempt Information”).
3. If you attempt the Proposed Record Title before you receive the Record Attempt Information, you accept that the Proposed Record Title may not be recognised by GWR as a GWR Record Title.
4. A GWR Record Title attempt must be made in accordance with the Guidelines and these Terms (“Record Attempt”).
MINORS AND CHILDREN
5. If you or any of the people undertaking the Record Attempt are under 18 years of age or considered a minor in the jurisdiction of the Record Attempt, you must have your parent or guardian read these Terms and agree on your behalf that your Record Attempt is subject to these Terms.
6. If you are considered a minor in your jurisdiction at the time you read and accept this document and your parent or legal guardian has not read and accepted this document, or the relevant jurisdiction does not recognize the validity of documents signed by parents or legal guardians on behalf of minors, your Record Attempt will not be recognized by GWR.
PERMISSION TO CONTRACT WITH GWR
Being able to enter into a valid agreement with you is important for you and for us. We have provided the necessary guidance below.
COMPANIES, ORGANISATIONS AND GROUPS
7. If you are a company, organization or group of people (“Group”), this Agreement must be read, agreed and accepted by a person who has been nominated by the Group as the representative and with the authority to enter into this Agreement on their behalf and only one person per Group may be nominated to act in such capacity.
AGENCIES, EMPLOYEES AND CONTRACTORS
8. If you are engaged, employed or contracted to organize a Record Attempt on behalf of an individual, company, organization or group of people, you must have each persons’ consent (by way of your own separate agreement) to enter into, and accept this Agreement.
DECISION TO PROCEED WITH RECORD ATTEMPT
9. YOU ACKNOWLEDGE THAT THE RECORD ATTEMPT, (EVEN WHEN CONDUCTED IN ACCORDANCE WITH THE GUIDELINES AND ANY SAFETY ADVICE AS MAY BE RECEIVED BY YOU FROM TIME TO TIME) MAY BE DANGEROUS TO YOU AND OTHERS AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ENTIRELY RESPONSIBLE, AT ALL STAGES OF THE RECORD ATTEMPT FOR:
9.1 DECIDING WHETHER OR NOT TO PROCEED;
9.2 ALL SAFETY ASPECTS IN RELATION TO ITS PREPARATION AND/ OR ITS UNDERTAKING; AND
9.3 ANY AND ALL INJURY TO YOURSELF OR OTHERS WHICH IS CAUSED BY THE RECORD ATTEMPT.
COSTS AND ADVICE
10. YOU HAVE, AT YOUR SOLE EXPENSE, TAKEN ALL APPROPRIATE PROFESSIONAL SAFETY ADVICE IN RELATION TO ALL ASPECTS OF RISK, INSURANCE AND SAFETY CONNECTED WITH THE RECORD ATTEMPT INCLUDING BUT NOT LIMITED TO:
10.1 IDENTIFYING ANY POSSIBLE RISKS TO YOURSELF, OTHER PARTICIPANTS AND ANY SPECTATORS;
10.2 IDENTIFYING AND OBTAINING MEDICAL AND OTHER RESOURCES THAT WILL BE READILY ACCESSIBLE AT THE LOCATION OF THE RECORD ATTEMPT; AND
10.3 TAKING ALL NECESSARY PRECAUTIONS AND MEASURES EITHER IDENTIFIED IN SUCH ADVICE OR IN ACCORDANCE WITH HEALTH AND SAFETY GUIDELINES ISSUED BY ANY RELEVANT PERSON, BODY OR AUTHORITY.
LIABILITY
11. YOU AGREE THAT EXCEPT WHERE ARISING OUT OF GWR’S NEGLIGENCE (OR WHERE YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA, GWR’S GROSS NEGLIGENCE), GWR, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARENT GROUP AND/ OR SUBSIDIARIES WILL HAVE NO RESPONSIBILITY FOR THE SAFETY OF ANY PART OF THE RECORD ATTEMPT AND WILL NOT BE LIABLE TO YOU OR YOUR PERSONAL REPRESENTATIVES FOR ANY LOSS, DAMAGE OR INJURY TO YOURSELF OR THE GROUP, OR YOUR OR THE GROUP’S PROPERTY IN CONNECTION WITH THE RECORD ATTEMPT. YOU AGREE TO INDEMNIFY GWR AGAINST CLAIMS BY THIRD PARTIES FOR INJURIES ARISING OUT OF YOUR RECORD ATTEMPT.
12. GWR DOES NOT PROVIDE ANY SAFETY ADVICE. ANY CORRESPONDENCE YOU RECEIVE FROM GWR RELATING TO SAFETY IS BY WAY OF EXAMPLE ONLY, NON-EXHAUSTIVE AND WILL IN NO WAY DETRACT FROM YOUR RESPONSIBILITIES SET OUT HEREIN.
13. ANY GUIDELINES SENT TO YOU BY GWR WILL MERELY CONTAIN A DEFINITION OF THE RECORD ATTEMPT YOU WILL BE UNDERTAKING AND ARE IN NO WAY INTENDED TO PROVIDE ANY KIND OF SAFETY ADVICE OR TO BE CONSTRUED AS PROVIDING ANY COMFORT TO YOU THAT THE RECORD ATTEMPT IS FREE FROM RISK.
GWR ADJUDICATOR
14. You may request that a GWR adjudicator attend your Record Attempt. GWR will be under no obligation to agree to such a request, but if agreement is reached, GWR may require that you pay a fee and expenses, which may include at GWR’s sole determination, airfare, accommodation and a daily attendance fee for the adjudicator.
15. If GWR agrees to provide an adjudicator for your Record Attempt, it is agreed that the Parties will enter into a separate agreement for such services.
ACCURACY OF GUIDELINES AND RECORD INFORMATION
16. GWR will provide you with Guidelines in relation to your Record Attempt. You understand that the Guidelines sent to you will be for achieving a record recognized by GWR as at the date when the Guidelines are sent out to you.
17. You agree that GWR may update or amend the Guidelines at any time without notifying you. It is your responsibility to obtain the latest guidelines from GWR before making the Record Attempt and, if any aspect of the Guidelines is unclear, you may contact our records management team by posting an enquiry from the members’ area of GWR’s website at www.guinnessworldrecords.com.
18. Any current record information GWR provides to you is obtained from GWR’s private database of world records (the “Database”). While reasonable endeavours are made to ensure the Database is accurate, GWR offers no guarantee or warranty as to the accuracy of the information provided to you.
19. You accept that records may change at any time due to a new record being achieved.
20. You acknowledge that any GWR category or record may be reviewed, rested or disqualified at any point at GWR’s sole discretion without notifying you. You are responsible for keeping yourself up to date with any new records as GWR will not inform you of any change to current records.
RECORD ATTEMPT DECISIONS
21. GWR will, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance with any Guidelines sent to you (“Record”). You agree that, in the event of any dispute in relation to the interpretation of the Guidelines or the success of a Record Attempt, GWR’s decision will be final and GWR is under no obligation to enter into further correspondence with you.
22. You agree that GWR will have no liability for any loss suffered by you, the Group or third parties as a result of GWR deciding that you have or have not been successful in any Record Attempt.
EVIDENCE: GUIDANCE AND SUBMISSION
23. The Guidelines you receive contains guidance relating to the supporting evidence and materials you have to submit with your claim (the “Evidence”).
24. Following completion of your Record Attempt, you must submit your Evidence in accordance with the guidance provided to you and these Terms in order to enable GWR to decide whether or not your Record Attempt has been successful.
EVIDENCE: INTELLECTUAL PROPERTY RIGHTS
25. You represent and warrant that you have all the rights, power and authority necessary to grant GWR intellectual property rights (“IPR”) in the Evidence. You agree to:
25.1 grant GWR an exclusive, irrevocable, royalty free, transferable, sub-licensable, worldwide licence in perpetuity to use, copy, reproduce, process, adapt, publish, transmit, display and distribute such IPR in any and all media or distribution methods (now known or later developed). You agree that this licence includes the right for GWR to promote its own brand, commercial products and to make the IPR available to other companies, organisations or individuals who partner with GWR for the syndication, broadcast, distribution or publication of the IPR on other media and services. Such additional uses by GWR, or other companies, organisations or individuals who partner with GWR, may be made with no compensation to you; and
25.2 waive unconditionally any moral rights you may have in relation to the Evidence, such that, without limitation, GWR has no obligation to identify you as the author or creator of the Evidence and you will have no right to object to the manner in which GWR uses the Evidence.
RESPONSIBILITY FOR EVIDENCE USAGE
26. You are responsible for the Evidence that you submit to GWR, and for any consequences thereof, including the use of your evidence by our third party partners.
27. You understand that your Evidence may be syndicated, broadcast, distributed or published by our partners and if you do not have the right to submit Evidence for such use, it may subject you to liability.
28. GWR will not be responsible or liable for any use of the Evidence in accordance with these Terms.
SUCCESSFUL RECORDS ATTEMPTS
Congratulations if you are successful! We explain what happens next below.
WHAT HAPPENS NEXT?
29. If your Record Attempt is considered by GWR as being successful, GWR will provide you a certificate recognising the Record and details of your Record Attempt will be included in the Database.
30. GWR will be under no obligation to include the Record, or any details in relation to it, in any edition of the Guinness World Records books or any other GWR publication, website, television show or other medium in which GWR exploits its brand, but if it is included, you acknowledge that GWR (or its third party licensees) will not be liable in any way for any error in respect of any details associated with the Record or the Record Claimant.
WARRANTY AND INDEMNITY
31. You warrant and undertake to us:
31.1 that all information that you submit to GWR in association with the Record Attempt will, to the best of your knowledge, be true, accurate and complete in all respects;
31.2 that nothing in the Evidence (whether by way of inflection or gesture or otherwise) will infringe the copyright, right of privacy, right of publicity, trademarks or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring any person into disrepute; and
31.3 that where you are signing this document on behalf of a Group who are to participate in the Record Attempt, all such participants in the Group have read, are fully aware and have consented to the terms of this document.
32. You hereby indemnify on demand and hold harmless GWR (and, as applicable from time to time, GWR’s parent, subsidiaries, affiliates, officers, directors, licensees, assignees, agents and employees) from and against any and all losses, demands, claims, damages, costs, expenses (including reasonable legal fees) and liabilities suffered or incurred by GWR as a result of a claim by a third party arising out of your breach of any provision of these Terms..
DATA PROTECTION
GWR respects the privacy of those that apply for a Record Attempt and is committed to providing a safe, secure and transparent environment to protect the personal information you supply to us.
USING PERSONAL DATA YOU PROVIDE TO US
33. GWR is the designated data controller of all personal data that you may provide to us. You can contact us via email or write to us at: The Data Protection Officer, Guinness World Records Limited, South Quay Building, 12th Floor, 189 Marsh Wall, London, E14 9SH.
34. Central to its mission to be the ultimate global authority on record breaking achievement, GWR maintains a large Database of record related information, including which individuals or groups hold those records and their personal details such as name, address, telephone number, age, gender and occupation.
35. The processing of your personal data is necessary in order to continue to research, measure, authorize and document world record achievements. These records are stored in the Database, which acts as a unique repository of the world’s superlative facts and feats. Due to the archiving nature of GWR’s activities, we may store your personal data for a significant period of time. This ensures that, for example, in the event of a broken record, we are able to draw on the knowledge kept in the Database to inform our audiences of the most current record-holder.
36. In order to review and consider your application to undertake a Record Attempt, it is necessary for GWR to process the personal data that you provide to us. As a necessary part of the application process, this provides GWR with a lawful basis upon which to process your personal data.
37. The legal definition of ‘processing’ includes, but is not limited to collection, any operation which is performed on personal data such as collection, organization, storage, use and making available.
38. With your consent, all Evidence and personal data provided by you to GWR will be held and used by GWR and its partners for the purposes of:
38.1 publishing and promoting any of GWR’s products and services; and
38.2 exploiting the GWR brand and Evidence in any and all media.
TRANSFERS OF YOUR PERSONAL DATA
39. GWR licenses its brand to trusted partners and licensees around the world, for example book publishers, television broadcasters and games developers. From time-to-time we may share your personal data with these companies to enable them to further promote your achievement and/ or make contact with you directly. We oblige that all our partners and licensees contractually adhere to appropriate levels of security of your personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. As GWR has several international offices, GWR representatives may be required to share your personal data between these offices. For example your Record Attempt application may be processed by a New York-based GWR representative with a specific expertise in a subject which is not covered by our London office. For the purposes of these Terms, GWR’s trusted partners, licensees and representatives are collectively known as the GWR Partners.
40. The European Commission assesses and determines which countries offer adequate levels of protection for your personal data (an “Adequacy Decision”). In the existence of an Adequacy Decision, a transfer of your personal data does not require your consent. Some of the GWR Partners may be based in countries which are not subject to an Adequacy Decision. In such an event, GWR ensures that the GWR Partners strictly adhere to those appropriate safeguards as described in section 39 above. For example, we will not share your personal data by electronic mail as this method does not guarantee an appropriate level of security.
41. Your consent to transfer your personal data to the GWR Partners based in countries which are not subject to an Adequacy Decision will ensure that we have a legal basis upon which to do so. Because your Record Attempt application may be processed by a GWR representative in a country which is not subject to an Adequacy Decision, failure to provide us with your consent to transfer your personal data means that we are not able to process your application.
We want you to be successful! To do this, you will need the correct information before attempting a Guinness World Records record title.
PROPOSALS
1. GWR receives a large number of Proposed Record Titles. Only some Proposed Record Titles are suitable to become official GWR record titles (“GWR Record Title”).
2. Your Proposed Record Title will only be deemed to be a GWR Record Title if you have received the following from GWR:
2.1 a claim number in relation to your Proposed Record Title (“Claim ID”); and
2.2 email confirmation that the Proposed Record Title is accepted as a GWR Record Title; and
2.3 a definition of the GWR Record Title you will attempt to break and related guidelines which you will need to comply with (“Guidelines”).
(collectively “Record Attempt Information”).
3. If you attempt the Proposed Record Title before you receive the Record Attempt Information, you accept that the Proposed Record Title may not be recognised by GWR as a GWR Record Title.
4. A GWR Record Title attempt must be made in accordance with the Guidelines and these Terms (“Record Attempt”).
MINORS AND CHILDREN
5. If you or any of the people undertaking the Record Attempt are under 18 years of age or considered a minor in the jurisdiction of the Record Attempt, you must have your parent or guardian read these Terms and agree on your behalf that your Record Attempt is subject to these Terms.
6. If you are considered a minor in your jurisdiction at the time you read and accept this document and your parent or legal guardian has not read and accepted this document, or the relevant jurisdiction does not recognize the validity of documents signed by parents or legal guardians on behalf of minors, your Record Attempt will not be recognized by GWR.
PERMISSION TO CONTRACT WITH GWR
Being able to enter into a valid agreement with you is important for you and for us. We have provided the necessary guidance below.
COMPANIES, ORGANISATIONS AND GROUPS
7. If you are a company, organization or group of people (“Group”), this Agreement must be read, agreed and accepted by a person who has been nominated by the Group as the representative and with the authority to enter into this Agreement on their behalf and only one person per Group may be nominated to act in such capacity.
AGENCIES, EMPLOYEES AND CONTRACTORS
8. If you are engaged, employed or contracted to organize a Record Attempt on behalf of an individual, company, organization or group of people, you must have each persons’ consent (by way of your own separate agreement) to enter into, and accept this Agreement.
DECISION TO PROCEED WITH RECORD ATTEMPT
9. YOU ACKNOWLEDGE THAT THE RECORD ATTEMPT, (EVEN WHEN CONDUCTED IN ACCORDANCE WITH THE GUIDELINES AND ANY SAFETY ADVICE AS MAY BE RECEIVED BY YOU FROM TIME TO TIME) MAY BE DANGEROUS TO YOU AND OTHERS AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ENTIRELY RESPONSIBLE, AT ALL STAGES OF THE RECORD ATTEMPT FOR:
9.1 DECIDING WHETHER OR NOT TO PROCEED;
9.2 ALL SAFETY ASPECTS IN RELATION TO ITS PREPARATION AND/ OR ITS UNDERTAKING; AND
9.3 ANY AND ALL INJURY TO YOURSELF OR OTHERS WHICH IS CAUSED BY THE RECORD ATTEMPT.
COSTS AND ADVICE
10. YOU HAVE, AT YOUR SOLE EXPENSE, TAKEN ALL APPROPRIATE PROFESSIONAL SAFETY ADVICE IN RELATION TO ALL ASPECTS OF RISK, INSURANCE AND SAFETY CONNECTED WITH THE RECORD ATTEMPT INCLUDING BUT NOT LIMITED TO:
10.1 IDENTIFYING ANY POSSIBLE RISKS TO YOURSELF, OTHER PARTICIPANTS AND ANY SPECTATORS;
10.2 IDENTIFYING AND OBTAINING MEDICAL AND OTHER RESOURCES THAT WILL BE READILY ACCESSIBLE AT THE LOCATION OF THE RECORD ATTEMPT; AND
10.3 TAKING ALL NECESSARY PRECAUTIONS AND MEASURES EITHER IDENTIFIED IN SUCH ADVICE OR IN ACCORDANCE WITH HEALTH AND SAFETY GUIDELINES ISSUED BY ANY RELEVANT PERSON, BODY OR AUTHORITY.
LIABILITY
11. YOU AGREE THAT EXCEPT WHERE ARISING OUT OF GWR’S NEGLIGENCE (OR WHERE YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA, GWR’S GROSS NEGLIGENCE), GWR, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARENT GROUP AND/ OR SUBSIDIARIES WILL HAVE NO RESPONSIBILITY FOR THE SAFETY OF ANY PART OF THE RECORD ATTEMPT AND WILL NOT BE LIABLE TO YOU OR YOUR PERSONAL REPRESENTATIVES FOR ANY LOSS, DAMAGE OR INJURY TO YOURSELF OR THE GROUP, OR YOUR OR THE GROUP’S PROPERTY IN CONNECTION WITH THE RECORD ATTEMPT. YOU AGREE TO INDEMNIFY GWR AGAINST CLAIMS BY THIRD PARTIES FOR INJURIES ARISING OUT OF YOUR RECORD ATTEMPT.
12. GWR DOES NOT PROVIDE ANY SAFETY ADVICE. ANY CORRESPONDENCE YOU RECEIVE FROM GWR RELATING TO SAFETY IS BY WAY OF EXAMPLE ONLY, NON-EXHAUSTIVE AND WILL IN NO WAY DETRACT FROM YOUR RESPONSIBILITIES SET OUT HEREIN.
13. ANY GUIDELINES SENT TO YOU BY GWR WILL MERELY CONTAIN A DEFINITION OF THE RECORD ATTEMPT YOU WILL BE UNDERTAKING AND ARE IN NO WAY INTENDED TO PROVIDE ANY KIND OF SAFETY ADVICE OR TO BE CONSTRUED AS PROVIDING ANY COMFORT TO YOU THAT THE RECORD ATTEMPT IS FREE FROM RISK.
GWR ADJUDICATOR
14. You may request that a GWR adjudicator attend your Record Attempt. GWR will be under no obligation to agree to such a request, but if agreement is reached, GWR may require that you pay a fee and expenses, which may include at GWR’s sole determination, airfare, accommodation and a daily attendance fee for the adjudicator.
15. If GWR agrees to provide an adjudicator for your Record Attempt, it is agreed that the Parties will enter into a separate agreement for such services.
ACCURACY OF GUIDELINES AND RECORD INFORMATION
16. GWR will provide you with Guidelines in relation to your Record Attempt. You understand that the Guidelines sent to you will be for achieving a record recognized by GWR as at the date when the Guidelines are sent out to you.
17. You agree that GWR may update or amend the Guidelines at any time without notifying you. It is your responsibility to obtain the latest guidelines from GWR before making the Record Attempt and, if any aspect of the Guidelines is unclear, you may contact our records management team by posting an enquiry from the members’ area of GWR’s website at www.guinnessworldrecords.com.
18. Any current record information GWR provides to you is obtained from GWR’s private database of world records (the “Database”). While reasonable endeavours are made to ensure the Database is accurate, GWR offers no guarantee or warranty as to the accuracy of the information provided to you.
19. You accept that records may change at any time due to a new record being achieved.
20. You acknowledge that any GWR category or record may be reviewed, rested or disqualified at any point at GWR’s sole discretion without notifying you. You are responsible for keeping yourself up to date with any new records as GWR will not inform you of any change to current records.
RECORD ATTEMPT DECISIONS
21. GWR will, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance with any Guidelines sent to you (“Record”). You agree that, in the event of any dispute in relation to the interpretation of the Guidelines or the success of a Record Attempt, GWR’s decision will be final and GWR is under no obligation to enter into further correspondence with you.
22. You agree that GWR will have no liability for any loss suffered by you, the Group or third parties as a result of GWR deciding that you have or have not been successful in any Record Attempt.
EVIDENCE: GUIDANCE AND SUBMISSION
23. The Guidelines you receive contains guidance relating to the supporting evidence and materials you have to submit with your claim (the “Evidence”).
24. Following completion of your Record Attempt, you must submit your Evidence in accordance with the guidance provided to you and these Terms in order to enable GWR to decide whether or not your Record Attempt has been successful.
EVIDENCE: INTELLECTUAL PROPERTY RIGHTS
25. You represent and warrant that you have all the rights, power and authority necessary to grant GWR intellectual property rights (“IPR”) in the Evidence. You agree to:
25.1 grant GWR an exclusive, irrevocable, royalty free, transferable, sub-licensable, worldwide licence in perpetuity to use, copy, reproduce, process, adapt, publish, transmit, display and distribute such IPR in any and all media or distribution methods (now known or later developed). You agree that this licence includes the right for GWR to promote its own brand, commercial products and to make the IPR available to other companies, organisations or individuals who partner with GWR for the syndication, broadcast, distribution or publication of the IPR on other media and services. Such additional uses by GWR, or other companies, organisations or individuals who partner with GWR, may be made with no compensation to you; and
25.2 waive unconditionally any moral rights you may have in relation to the Evidence, such that, without limitation, GWR has no obligation to identify you as the author or creator of the Evidence and you will have no right to object to the manner in which GWR uses the Evidence.
RESPONSIBILITY FOR EVIDENCE USAGE
26. You are responsible for the Evidence that you submit to GWR, and for any consequences thereof, including the use of your evidence by our third party partners.
27. You understand that your Evidence may be syndicated, broadcast, distributed or published by our partners and if you do not have the right to submit Evidence for such use, it may subject you to liability.
28. GWR will not be responsible or liable for any use of the Evidence in accordance with these Terms.
SUCCESSFUL RECORDS ATTEMPTS
Congratulations if you are successful! We explain what happens next below.
WHAT HAPPENS NEXT?
29. If your Record Attempt is considered by GWR as being successful, GWR will provide you a certificate recognising the Record and details of your Record Attempt will be included in the Database.
30. GWR will be under no obligation to include the Record, or any details in relation to it, in any edition of the Guinness World Records books or any other GWR publication, website, television show or other medium in which GWR exploits its brand, but if it is included, you acknowledge that GWR (or its third party licensees) will not be liable in any way for any error in respect of any details associated with the Record or the Record Claimant.
WARRANTY AND INDEMNITY
31. You warrant and undertake to us:
31.1 that all information that you submit to GWR in association with the Record Attempt will, to the best of your knowledge, be true, accurate and complete in all respects;
31.2 that nothing in the Evidence (whether by way of inflection or gesture or otherwise) will infringe the copyright, right of privacy, right of publicity, trademarks or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring any person into disrepute; and
31.3 that where you are signing this document on behalf of a Group who are to participate in the Record Attempt, all such participants in the Group have read, are fully aware and have consented to the terms of this document.
32. You hereby indemnify on demand and hold harmless GWR (and, as applicable from time to time, GWR’s parent, subsidiaries, affiliates, officers, directors, licensees, assignees, agents and employees) from and against any and all losses, demands, claims, damages, costs, expenses (including reasonable legal fees) and liabilities suffered or incurred by GWR as a result of a claim by a third party arising out of your breach of any provision of these Terms..
DATA PROTECTION
GWR respects the privacy of those that apply for a Record Attempt and is committed to providing a safe, secure and transparent environment to protect the personal information you supply to us.
USING PERSONAL DATA YOU PROVIDE TO US
33. GWR is the designated data controller of all personal data that you may provide to us. You can contact us via email or write to us at: The Data Protection Officer, Guinness World Records Limited, South Quay Building, 12th Floor, 189 Marsh Wall, London, E14 9SH.
34. Central to its mission to be the ultimate global authority on record breaking achievement, GWR maintains a large Database of record related information, including which individuals or groups hold those records and their personal details such as name, address, telephone number, age, gender and occupation.
35. The processing of your personal data is necessary in order to continue to research, measure, authorize and document world record achievements. These records are stored in the Database, which acts as a unique repository of the world’s superlative facts and feats. Due to the archiving nature of GWR’s activities, we may store your personal data for a significant period of time. This ensures that, for example, in the event of a broken record, we are able to draw on the knowledge kept in the Database to inform our audiences of the most current record-holder.
36. In order to review and consider your application to undertake a Record Attempt, it is necessary for GWR to process the personal data that you provide to us. As a necessary part of the application process, this provides GWR with a lawful basis upon which to process your personal data.
37. The legal definition of ‘processing’ includes, but is not limited to collection, any operation which is performed on personal data such as collection, organization, storage, use and making available.
38. With your consent, all Evidence and personal data provided by you to GWR will be held and used by GWR and its partners for the purposes of:
38.1 publishing and promoting any of GWR’s products and services; and
38.2 exploiting the GWR brand and Evidence in any and all media.
TRANSFERS OF YOUR PERSONAL DATA
39. GWR licenses its brand to trusted partners and licensees around the world, for example book publishers, television broadcasters and games developers. From time-to-time we may share your personal data with these companies to enable them to further promote your achievement and/ or make contact with you directly. We oblige that all our partners and licensees contractually adhere to appropriate levels of security of your personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. As GWR has several international offices, GWR representatives may be required to share your personal data between these offices. For example your Record Attempt application may be processed by a New York-based GWR representative with a specific expertise in a subject which is not covered by our London office. For the purposes of these Terms, GWR’s trusted partners, licensees and representatives are collectively known as the GWR Partners.
40. The European Commission assesses and determines which countries offer adequate levels of protection for your personal data (an “Adequacy Decision”). In the existence of an Adequacy Decision, a transfer of your personal data does not require your consent. Some of the GWR Partners may be based in countries which are not subject to an Adequacy Decision. In such an event, GWR ensures that the GWR Partners strictly adhere to those appropriate safeguards as described in section 39 above. For example, we will not share your personal data by electronic mail as this method does not guarantee an appropriate level of security.
41. Your consent to transfer your personal data to the GWR Partners based in countries which are not subject to an Adequacy Decision will ensure that we have a legal basis upon which to do so. Because your Record Attempt application may be processed by a GWR representative in a country which is not subject to an Adequacy Decision, failure to provide us with your consent to transfer your personal data means that we are not able to process your application.