Lifetime Pass Terms and Conditions

TOUGH MUDDER LIFETIME PASS TERMS AND CONDITIONS

These terms and conditions constitute a legally binding agreement (the “Terms and Conditions”) between you (also referred to herein as “You”, “Your” or “Passholder”) and Spartan Race, Inc., and its subsidiaries, affiliates and/or licensed entities, including but not limited to, Spartan Race UK Operations Limited; OCR US Holdings, LLC; and OCR Canada Holdings LTD.; ( “we” or “us”, “Tough Mudder”), governing the issuance to you of a Tough Mudder Lifetime Pass (“Lifetime Pass”), and your use thereof.

1. Lifetime Passes are issued to individuals who have reached a qualifying status as part of the Tough Mudder Legionnaire Program.
   
   
2. Lifetime Pass are issued in the form of a distinct redemption code (“Redemption Code”) that can be used for registering for the applicable Tough Mudder events (“Events”). Notwithstanding the nature of the Lifetime Pass, Redemption Codes are issued on an annual basis, and expire upon the conclusion of the calendar year in which they were issued.
   
   
3. Redemption Codes are only valid for use in registering for Events occurring during the calendar year in which the Redemption Codes were issued (e.g., Redemption Codes issued in January of 2024, may only be used to register for applicable 2024 Tough Mudder Events.  
   
   
4. The Events available for registration using the Redemption Codes shall be restricted to Events occurring in the country of residence of the Passholder at the time in which the Passholder earned/qualified to receive the Lifetime Pass. For example, if a Passholder’s country of residence was the United Kingdom at the time such Passholder qualified to receive the Lifetime Pass, then the Passholder shall be limited to using the Redemption Codes for registration of Tough Mudder UK Events, and not for any Events occurring in any other country/territory. Applicable Events are further subject to change from time-to-time in Tough Mudder’s sole discretion.
   
   
5. A Lifetime Pass (and corresponding Redemption Codes) may only be used by the Passholder that it was issued to. The name, email address and birth date associated with each Lifetime Pass must match the name, email address, and birth date associated with the Event registered for using the Redemption Code. Passholders shall not be permitted to secure Event registrations on behalf of any third-party individual.
   
   
6. All Lifetime Passes (and corresponding Redemption Codes) are non-transferable and non-refundable, and cannot be exchanged for any credit or voucher. Event registrations secured using a Lifetime Pass/Redemption Codes are non-transferable in all circumstances. Passholders may not transfer an Event registration to a different Event.
   
   
7. Lifetime Passes (and corresponding Redemption Codes) cannot be used in conjunction with any other offer and/or discounts code.
   
   
8. Updates, Changes, Eligibility: We may change these Terms and Conditions at any time without notice or liability by posting revised Terms and Conditions. Any change shall take effect immediately upon posting, unless otherwise provided. You should review these Terms and Conditions before acquiring, or otherwise using, participating in or enjoying the benefits of, the Lifetime Pass. Your continued use of Lifetime Pass after any changes made to these Terms and Conditions will constitute your acceptance of and agreement to such changes. You affirm that you are of legal age to enter into these Terms and Conditions, and you accept and are bound by these Terms and Conditions. Do not acquire, or otherwise use, participate in or enjoy the benefits of, the Lifetime Pass if you: (i) do not agree to these Terms and Conditions; or (ii) are not of the age of majority in your jurisdiction of residence.
   
   
9. The Lifetime Pass is subject to, and the Lifetime Pass Passholder must strictly adhere to and comply with all applicable terms and conditions, rules, regulations as promulgated by Tough Mudder (and its parents, subsidiaries, affiliates) from time to time, including without limitation, as set forth in these Terms and Conditions, Event Terms of Purchase, and Website Terms of Use, etc. (“Relevant Terms”). At any time, if Tough Mudder determines in its sole discretion that you have violated, breached and/or failed to comply with the Relevant Terms (defined below), Tough Mudder reserves the right to cancel, suspend or revoke any Lifetime Pass, or deny ability to register for Events to any Lifetime Passholder, or disqualify any race result the Lifetime Passholder has accrued, without any liability to Tough Mudder, and WITHOUT ANY RIGHT BY YOU TO RECEIVE ANY REFUND OR CREDIT (in whole or part) (collectively, “Pass Forfeiture”).
   
   
10. To the extent that there is a conflict between these Lifetime Pass Terms and Conditions, and any other applicable terms and conditions (e.g., Event Terms of Purchase, Terms of Use, etc.), these Lifetime Pass Terms and Conditions shall apply.
    
    
11. INDEMNITY: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TOUGH MUDDER FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LIFETIME PASS, OR ANY VIOLATION BY YOU OF ANY THESE TERMS AND CONDITIONS.
    
    
12. LIMITATION OF LIABILITY: TOUGH MUDDER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOUGH MUDDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, TOUGH MUDDER WILL NOT BE RESPONSIBLE FOR (A) USE, OR THE INABILITY TO USE THE LIFETIME PASS AND/OR ANY OTHER TOUGH MUDDER PRODUCT OR SERVICE; (B) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY TOUGH MUDDER; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (F) ANY OTHER MATTER RELATING TO THE LIFETIME PASS. YOU AGREE THAT TOUGH MUDDER’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY TOUGH MUDDER FROM YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS LIMITING OR EXCLUDING TOUGH MUDDER'S LIABILITY FOR: FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THESE TERMS AND CONDITIONS.
    
    
13. Governing Law: These Terms and Conditions, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware, United States (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).
    
    
14. Severability: If any term of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.