“CHANNEL MORE WITH ALICE TAI” (the “Project”) APPLICATION TERMS & CONDITIONS

The Project is run by Glanbia Performance Nutrition Limited (referred to as ‘GPN’), Glanbia House, Kilkenny, R95E866, Ireland. By applying to participate in the Project, you agree to be bound by these Terms & Conditions and represent and warrant that you satisfy all the eligibility requirements below. For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact [email protected].

1. KEY PROJECT DATES

• Application Period. The Application Period starts on 5th April 2023 and ends on 30th April 2023. Entries received outside this Application Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
• Participants Announced. Successful participants will be announced on Tuesday 2nd May 2023.
• Training Period. The Training Period for selected Participants will start on 8th May 2023 and end on 19th September 2023. Selected Participants must be available to participate in the planned training sessions, as aforementioned.
• Channel Swim Period. The Channel Swim will take place between 20th & 28th September 2023. The exact date and time will be dictated by the weather and selected at the sole discretion of GPN and its advisors and vendors. Selected Participants must be available to participate in the Channel Swim during this time period.

2. ELIGIBILITY

By submitting an application to participate in the Project, you represent, warrant and attest that you (“You” or “Applicant”) satisfy the following eligibility criteria:

• You are a citizen of the United Kingdom and hold a full UK passport that carries no limitations or visa requirements associated with leaving or re-entering the country;
• You are 18 years of age or older at the time You submit Your application to participate;
• You are someone with limited swimming ability and are actively looking to address/improve your ability in this area;
• You are available and willing to participate in the full and complete swim-training, diet and exercise schedule, as well as the Channel Swim, on the dates and schedule as described herein;
• You are aware that there are various risks associated with open water swimming, which GPN has actively worked to reduce as best as feasibly possible, but this does not remove all risks associated with participation in the Project;
• You are not a Director, officer or employees of GPN, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies involved with this the Project, and immediate family members and those living in the same household of such persons (whether legally related or not); and
• Your application is accurate and up-to-date, Your own work, and does not:
• • contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
  • contain copyrighted material not created or owned by You, other than material that You have necessary rights, consents and permissions to use and sub-license on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
  • contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
  • By submitting an application to participate in the Project, You further acknowledge and agree that the Project requires:

• participation in a 6-8 member relay swim of the Channel between the United Kingdom and France, to take place between the 20th and 28th of September, 2023, requiring each Participant to swim, unaided, a distance of between 3.5 & 4.5 nautical miles, in open water with a temperature of 14-18 degrees Celsius;
• dedication of up to 10 hours per week to swim training between May& September 2023, including up to six in-person physical training days over this 5-month period;
• following of a specified diet and exercise plan customized to each Participant; and
• participation in promotional activity, including but not limited to use of the names of Participants, their photographs and audio and/or visual recordings of them by GPN for promotional purposes.

By submitting an application to participate in the Project, You further acknowledge and agree that GPN and its team of Project specialists have the right to remove, at their sole and absolute discretion, any Participant from the Project should concerns regarding commitment to the Project or physical ability to complete the Project arise, with no compensation due to any Participant in the event of such removal.

3. HOW TO APPLY

During the Application Period, go to en-gb/channelmore for guidance on how to apply. Complete the application process by submitting a 90-second video to [email protected] on/before 30th April 2023, that includes the following:

• Personal details (name/ age / personal story)
• Your relationship with swimming (including footage of you in the water if possible)
• Motivations for wanting to apply
• Any pre-existing medical conditions
• Please include a valid home address, name and email address in the body of the email.
• Only one application per person will be accepted throughout the duration of the Application Period. Additional applications will be disqualified.
• GPN undertakes to use reasonable efforts to maintain adequate hardware or software service for the Project and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible applications; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; any loss suffered by anyone who applies or attempts to apply the Project, whether the entry is lost, not submitted, wrongly processed or is not selected to participate.
• Late, illegible, incomplete, defaced or corrupt applications will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
• If you are disqualified, GPN is under no obligation to publish this fact.
• The contact details you provide with your Project application will be used to notify you of your selection so please make sure they are correct.

4. SELECTION OF PARTICIPANTS

• Applications will be reviewed by a judging panel composed of Alice Tai, representatives from GPN, and open water swimming specialists hired by GPN to evaluate the applications. Five [5] potential participants in the Channel Swim (“Participants”) will be selected at the sole discretion of the judging panel. In the event the judging panel does not find any applicants suitable to participate in the Project, no Participants will be chosen.
• Potential Participants will be notified by GPN on or about Sunday 30 April 2023.
• All potential Participants are subject to eligibility verification by GPN, whose decisions are final and binding on all matters related to selection of Participants.
• Each potential Participant must sign and return an Affidavit of Eligibility, Liability and Publicity Release in order to be declared an official Participant.
• Official Participants will then be announced by Tuesday 2nd May 2023 on en-gb/channelmore and @optimumnutrition_uk Instagram channel.

5.GPN’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY; GENERAL TERMS

• GPN reserves the right to change the Project rules and these Terms & Conditions from time to time and such changes will be available on www.optimumnutrition.com/TCs-Channel-More

• If in GPN’s opinion, the Project is compromised by any event beyond GPN’s control, GPN reserves the right to modify, terminate, amend or extend the Project without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
• At any time during the Project, GPN reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions or where applicable any other kind of illegal or inappropriate behavior.
• In no event shall GPN be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
• To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Project.
• These Terms and Conditions will be governed by the laws of England & Wales and any disputes will be subject to the exclusive jurisdiction of the courts of England & Wales.

6. COLLECTION OF INFORMATION & DATA PROTECTION

In the following, the term “Personal Data” describes all data kept in connection with the Applicant.

• GPN may process Your Personal Data itself, within GPN or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations, such as GDPR.
• GPN and its affiliated companies will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which GPN is required to transmit Personal Data to an outside data processor in connection with the Project, GPN will only transmit as much Personal Data as is necessary in order to fulfill its tasks set out under these Terms & Conditions. In such cases, GPN will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Project.
• Since GPN operates globally, this may mean GPN could transfer your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.
• Personal Data will only be used for purposes in connection with this Project and will only be retained by GPN, its affiliated companies and its mandated data processors for as long as is necessary to fulfill the original or directly related purpose for which it was collected in connection with the Project. This might include a period of time after the conclusion of the Project