1. THE TERMS AND CONDITIONS
1.1 These terms and conditions are the general terms and conditions that apply to all the competition promoted by Exaget Limited.
A) Terms & conditions on entry format, prizes & announcements might vary for different competitions.
1.2 By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
2. IDENTITY OF THE PROMOTER OF THE COMPETITION The “promoter” of a Competition is the person/company who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Exaget limited
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of an under-18 prize winner.
3.2 Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be publicised to entrants in the relevant Competition.
3.3 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
3.4 Employees of the Promoter and their immediate families may not enter any Competition: neither may the employees of any third party sponsors, prize providers or their immediate families.
4. ENTRY AND ENTRY METHOD
4.1 If the entry is sent to us via Facebook or Twitter, the entrant must have connected his Facebook account or email address to his copy of the UTuneMe app
4.2 Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, and defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our station that is running the Competition in question. We accept no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or any other reason.
4.3 Names: Entrants must enter Competitions using their legal name only.
4.4 Multiple Entries. This condition will vary on the individual competition and should be included in the terms & condition of a particular competition
4.5 Last date and time for the competition will be addressed separately in T&C of a particular competition.
5 PRIZE
5.1 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prize winner’s parent or guardian on behalf of the prize winner.
5.2 Winner will be expected to provide additional details such as telephone number, address etc.
5.3 There will be only one Grand Prize winner of the competition unless stated in the terms & condition of any particular competition
5.4 Prize winners will be notified that he/she have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods
(a) on Social media-Facebook & twitter
(b) via email
or any other method specified for a particular competition
5.5 We will not be liable for any prize which is lost, delayed, or damaged in the post for reasons beyond our control.
5.6 Prizes are subject to availability, non-transferable and non-exchangeable. If a prize winner does not take any element of a prize at the time stipulated by us then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prize where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
6. UNCLAIMED PRIZE
6.1 Prize must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
6.2 We reserve the right to award prize unclaimed after this period to alternative prize winners or not to award them at all.
6.3 If you call to claim a prize from a “withheld number” line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
7 PUBLICITY AND PERSONAL INFORMATION
7.1 The personal information supplied by entrants when entering our Competitions will be used by us in accordance with the privacy policy applicable to our Facebook/twitter and/or radio station in which the Competition appears, as the case may be. You should always read the applicable privacy policy as your entry in the relevant Competition is an agreement to be bound by the applicable privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the conclusion of the Competition and/or award of prize(s), entrants will however forfeit their right to claim any prizes.
7.2 Should an entrant be required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
7.3 It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voices of entrants to our Competitions for the running of the Competitions and matters incidental to the Competition.
7.4 Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
7.6 No fees shall be payable to any entrant in relation to their entry in any Competition.
8 COPYRIGHT
8 By entering our Competitions all entrants:
(a) Assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
(d) Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
8.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
9 MINORS
9.1 If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize winner’s parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner’s parent or legal guardian.
9.2 Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
10 TAMPERING AND OTHER MATTERS
If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
11 TERMINATION OF COMPETITION
The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
12 DECISIONS FINAL
12.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
12.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
13 FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
14 EXCLUSION OF LIABILITY
14.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
14.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph (14.2) shall also apply in respect of any prize provided by a third party provider.
14.3 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
15 LAWS
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.