1. Definitions and introduction
1.1 In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
“Competition” means any competition or promotion on one or more of our radio stations or websites;
“employee” shall include employees, freelancers and contractors;
“Entrant” means any person who enters a Competition;
“Family Member” means a spouse, partner, close blood relation or spouse of a close blood relation;
“MAM” Mega Artists Media responsible for the DANCE TRIBE competition.
the words “include” and “including” shall not be interpreted as limiting the generality of any preceding words;
“Intellectual Property Rights” means any trade marks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date of this Agreement;
“Participant” means any person who is selected by us to participate in a Competition;
“Prize” means any prize or gift offered or awarded in a Competition;
“Specific Rules” means the specific rules, entry instructions and any other specific details or terms relating to the particular Competition or Prize published on this website or on any other website or in any other media which features the Competition;
“Terms” means these Competition Terms and Conditions together with any Specific Rules;
“we”, “us” and “our” means Global including any successors in title and assigns;
“you” means an Entrant or Participant in or winner of (as the case may be) a Competition.
4.1 We reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. Please ensure you have given us your correct address so that we can send your Prize to you.
7.3 Unless otherwise stated, Competition entries will not be returned to you.
8.1 We reserve the right (without accepting any liability or giving you any compensation) to disqualify you from a Competiton and/or withhold or withdraw a Prize (or seek compensation from you therefor) if (in our opinion, which shall be final):
8.1.1 you are in breach of the Terms or any of your obligations, representations and/or warranties under this Agreement;
8.1.2 your conduct is inappropriate or contrary to the spirit or intention of the Terms or of the Competition;
8.1.3 you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information;
8.1.4 your act(s) or omission(s) might have an adverse effect on the Competition or Global (or any of its radio stations);
8.1.5 it is in our best interests (or that of our radio station(s)) to do so.
8.2 Entries that are incomplete, indecipherable, corrupt, late or otherwise not in accordance with entry instructions will not be accepted.
8.3 In the event of your disqualification from the Competition/Prize:
8.3.1 we reserve the right to select another Entrant to take part in the Competition/receive the Prize; and
8.3.2 you may be required to pay any costs incurred.
9. Cancellation of the Competition
09.1 We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect by on-air or online announcement without any liability to you. If we cancel a Competition after you have claimed a Prize, we will use our reasonable endeavours to offer you an alternative Prize. If we offer you an alternative Prize but you do not accept it, you shall have no claim against us.
09.2 We may cancel a Competition if we believe we have good reason to do so, including if:
09.2.1 a broadcasting, publishing, production, distribution or printing error of any kind occurs (whether on-air, online or otherwise);
09.2.2 there have been any errors in the preparation for, or the conduct of, the Competition materially affecting the result of the Competition, the number of Prize claims or the value of the Prize claims.
10. Exclusion of liability/indemnity
10.1 Nothing in the Terms excludes our liability for:
10.1.1 death or personal injury arising out of our negligence or the negligence of our employees;
10.1.2 fraud or fraudulent misrepresentation by us or our employees; or
10.1.3 any other liability that cannot be excluded or limited by law.
10. 2 Without prejudice to the provisions of Clause 09.1, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment (other than any costs and expenses specifically provided for in the Competition and/or Prize) including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or Prize.
10.3 Without prejudice to the provisions of Clause 09.1 and subject to the provisions of Clause 09.2, we shall have no liability whatsoever:
10.3.1 in respect of Competitions operated by third parties and featured on air or on our websites. The relevant third party will be responsible for the fulfilment of the Competition. We accept no responsibility for the acts or omissions of such third parties;
10.3.2 in the event of postal, telephone, text message or online entries delayed or not received by us as a result of network incompatibility, technical faults or for any other reason;
10.3.3 for any person not being able to enter a Competition for any reason, including system failure, error, the application through which online entries are made being down, hacks on the system or personal computer issues;
10.3.4 for any losses suffered by you in submitting data to any of our websites;
10.3.5 for any mistakes in the source material utilised by our question compilers;
10.3.6 for Prizes which are lost, delayed or damaged in the post or otherwise not received by you.
10.4 The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.
10.5 You agree to indemnify us and our radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under the Terms or in any way in connection with your failure to follow our reasonable instructions with regard to your entry into the Competition or taking of any Prize.
11. Force Majeure
11.1 We shall not be liable to perform any of our obligations under the Competition or in respect of the Prizes where we are unable to do so as a result of unforeseen circumstances or circumstances beyond our reasonable control and whilst we may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, we shall not be liable to compensate you in such circumstances.
12.1 You agree you will not by any act or omission do anything, which might bring Global or its radio stations into disrepute or affect the reputation of the Competition or Global.
12.2 The Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
12.3 The terms represent the entire agreement between you and us relating to the Competition and/or the Prize and supersede any prior representations, agreements, negotiations or understandings (whether oral or in writing). No variation of the Terms is effective unless approved by an authorised representative of Global in writing.
12.4 Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded.
12.5 The invalidity, illegality, or unenforceability of the whole or any part of the Terms does not affect or impair the continuation in force of the remainder of the Terms.
12.6 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
12.7 This Agreement does not create any right or benefit enforceable by any person not a party to it (within the meaning of the Contracts