Book a demo

Born Survivor Finisher Asset Terms & Conditions

Full Terms & Conditions

These Terms and Conditions govern your use of the Born Survivor finisher asset feature, including any photo you upload to personalise that asset. Please read them carefully — by creating a finisher asset you agree to be bound by these Terms and Conditions.

1. Who we are

“Born Survivor”, “we”, “us” or “our” means the operator of the Born Survivor obstacle race series (www.born-survivor.com).

“Race Space” means Race Space Ltd, the participant management and event platform we use (www.race-space.com).

“Format” means the third-party platform we use to host and personalise finisher assets (format.social).

“You” means the participant creating a finisher asset (or, where the participant is under 18, the parent or guardian giving consent on the participant’s behalf).

2. The finisher asset feature

After completing a Born Survivor event, you can create a personalised digital finisher asset (for example, a shareable image celebrating your finish). To personalise the asset you may choose to upload a photo of yourself. Use of the feature is free and entirely optional — you don’t have to upload a photo, and you can simply use a non-personalised version instead.

3. Eligibility

  1. You must have entered and completed (or registered to take part in) a Born Survivor event to use this feature.
  2. If you are aged 18 or over, you can accept these Terms and Conditions and upload a photo yourself.
  3. If you are aged 13–17, your parent or legal guardian must read these Terms and Conditions, give consent on your behalf, and supervise the upload.
  4. If you are under 13, your parent or legal guardian must complete the upload and accept these Terms and Conditions on your behalf. We will only process a child’s personal data with verifiable parental consent.
  5. By uploading on behalf of a child, the parent/guardian confirms they have parental responsibility for that child and the authority to give the consents in these Terms and Conditions.

4. Photos you upload

4.1 Your promises about the photo

When you upload a photo you confirm that:

  • you (or the person you are uploading on behalf of) are the main subject of the photo;
  • you have the permission of every identifiable person shown in the photo (and, where they are under 18, the permission of their parent or guardian) to upload it and to grant the rights set out in these Terms and Conditions;
  • you own the photo or have all necessary rights to upload it (for example, if the photo was taken by a professional photographer, you have their permission);
  • the photo does not contain anything that is unlawful, defamatory, obscene, hateful, harassing, sexually explicit, or that infringes anyone else’s intellectual property, privacy, image, or other rights;
  • the photo does not contain logos, trademarks or branding belonging to third parties (other than incidental Born Survivor or event branding);
  • the photo is not of, and does not feature, anyone under 13 unless you are their parent or legal guardian; and
  • the photo is suitable for a family-friendly audience.

4.2 Licence you give us to use your photo

You keep ownership of your photo. 

If you separately tick the marketing consent box (see Section 5), the licence is extended on the Terms and Conditions set out in that section.

4.3 Moderation

We may review uploaded photos and reserve the right to refuse, remove or take down any photo or asset that, in our reasonable opinion, breaches these Terms and Conditions or is otherwise unsuitable. We are not obliged to monitor uploads, and removal does not waive any of our rights.

5. Optional marketing consent

Separately from creating your finisher asset, you can choose whether to allow Born Survivor and Race Space to use your finisher asset (and the photo you uploaded to create it) in their own marketing.

5.1 What you’re agreeing to if you tick the marketing box

If you tick the optional “Yes — use my photo and finisher asset in marketing” box, you give Born Survivor and Race Space a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, copy, edit, crop, adapt, combine with other materials, publish, broadcast, distribute and otherwise exploit your finisher asset and the photo you uploaded for marketing and promotional purposes, including:

  • Born Survivor’s and Race Space’s websites and apps;
  • social media channels (including Instagram, TikTok, Facebook, X/Twitter, LinkedIn and YouTube);
  • email and other direct marketing;
  • paid advertising (online and offline);
  • press, PR and editorial materials;
  • event collateral, signage and merchandise; and
  • future event promotion and recap content.

You also give us your consent (under the UK General Data Protection Regulation) to use your image for these marketing purposes. We will not sell your photo to third parties, and we will not use it in a way that is sexually suggestive, defamatory, or that endorses a political party or cause.

5.2 You don’t have to say yes

Marketing consent is entirely optional. If you don’t tick the box (or you tick “No”), we will only use your photo to create and deliver your finisher asset, and your photo will not appear in any Born Survivor or Race Space marketing.

5.3 Withdrawing consent

You can withdraw your marketing consent at any time by emailing info@born-survivor.com with the subject line “Withdraw photo consent” and the email address you used to register. We’ll stop using your photo in any new marketing within 30 days of receiving your request and will remove it from our owned channels (websites, social posts we control, email lists). We may not be able to recall content already printed, distributed by third parties, shared by other users, or cached/archived by third-party platforms or search engines, but we will use reasonable efforts to do so.

Withdrawing your consent does not affect the lawfulness of any use we made of your photo before you withdrew it.

6. Use of Format and Race Space

When you upload a photo, it is sent to and processed by Format on our behalf. Format acts as a data processor for Born Survivor in respect of your photo. Race Space, our event participant platform, may receive your finisher asset and associated registration data so that we can deliver the asset to the right participant and (if you have ticked the marketing box) so that Race Space can use it for the marketing purposes set out in Section 5.

Both Format and Race Space are bound by written agreements with us that require them to keep your data secure and to use it only for the purposes described in these Terms and Conditions. You should also read their own privacy policies for information about their handling of your data: format.social and race-space.com.

7. Your data and the UK GDPR

7.1 Who is the controller?

Born Survivor is the data controller for the personal data you provide when creating your finisher asset (including your photo, name and contact details).

Where Race Space uses your finisher asset and photo for its own marketing under Section 5, Race Space acts as a separate data controller for that activity.

7.2 Lawful bases

We rely on the following lawful bases under UK GDPR:

  • Contract — to create and deliver your finisher asset, including processing through Format.
  • Consent — to use your photo and finisher asset in Born Survivor and Race Space marketing (Section 5). You can withdraw consent at any time.
  • Legitimate interests — to keep records of consents, prevent abuse, and protect our legal rights.

7.3 How long we keep your photo

If you do not give marketing consent, we will delete the original uploaded photo from our active systems within 30 days of your finisher asset being delivered. Backup copies are overwritten in the ordinary course of our backup cycle.

If you do give marketing consent, we will keep your photo and finisher asset for as long as the consent is in place, and for up to 12 months after you withdraw consent (or after you tell us you are no longer happy for it to be used) so that we can demonstrate compliance and recall content from third parties.

7.4 Your rights

You have the right to access, correct, erase, object to, or restrict our processing of your personal data, and the right to data portability and to lodge a complaint with the Information Commissioner’s Office (ico.org.uk). To exercise any of these rights please contact info@born-survivor.com.

7.5 International transfers

Some of our processors (including Format) may store or process your data outside the UK. Where they do, we use appropriate safeguards (such as the UK International Data Transfer Agreement or the EU Standard Contractual Clauses with the UK Addendum) to make sure your data is protected to UK standards.

8. Acceptable use

You must not upload any photo that:

  • contains nudity, sexual content, gore, violence, or content that exploits or endangers children;
  • is harassing, threatening, hateful or discriminatory;
  • infringes anyone else’s copyright, trademark, image, privacy or other rights;
  • contains illegal content or promotes illegal activity;
  • contains malware, spam or attempts to interfere with our or Format’s systems; or
  • identifies a child under 13 unless you are their parent or guardian.

We may suspend or remove your finisher asset and refuse further uploads if we reasonably believe you have breached these rules.

9. Intellectual property

Born Survivor and its licensors own all intellectual property rights in the finisher asset template, branding, designs and software. You receive a personal, non-transferable, non-exclusive, royalty-free licence to download, share and display your personalised finisher asset for non-commercial personal use (for example, sharing on your own social media). You must not remove Born Survivor branding, sell the asset, or use it to imply endorsement.

10. Indemnity

You agree to indemnify Born Survivor, Race Space and Format against any losses, damages, claims and reasonable costs (including legal fees) arising from a third-party claim that your uploaded photo (or your use of the finisher asset) breaches these Terms and Conditions or infringes someone else’s rights. This clause does not apply where the loss is caused by our own negligence or breach of these Terms and Conditions.

11. Disclaimers and our liability

We provide the finisher asset feature “as is” and don’t guarantee that it will always be available, error-free, or that uploaded photos will always render perfectly in the asset.

Nothing in these Terms and Conditions limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under English law.

Subject to the paragraph above, our total liability to you in connection with the finisher asset feature is limited to £100, and we are not liable for any indirect or consequential loss, loss of profits, loss of goodwill or loss of data.

12. Changes to these Terms and Conditions

We may update these Terms and Conditions from time to time. The “Last updated” date at the top of this document tells you when. If we make material changes (for example, expanding how we use your photo) we’ll bring those changes to your attention and, where required, ask for fresh consent.

13. Governing law and jurisdiction

These Terms and Conditions and any dispute arising out of them are governed by the laws of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction, except that if you live in Scotland or Northern Ireland you may also bring proceedings in your local courts.

14. Contact us

If you have any questions about these Terms and Conditions, want to withdraw your marketing consent, or want to exercise any of your data protection rights, please contact:

Born Survivor

Email: info@born-survivor.com

Web: www.born-survivor.com