Terms & Conditions
1.Introduction
July 2007
1.1 These Terms and Conditions ('Terms') shall be binding on you (and your guests where applicable) (together 'you') when entering any competitions ('Competition(s)') operated by Future Radio (Future Radio), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Future Radio from time to time.
1.2 Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms.
1.3 You must pass a copy of these Terms to your guests (if applicable) and ensure that they comply with them.
1.4 It is agreed and accepted by you that Future Radio shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors) (except in respect of death or personal injury directly attributable to Future Radio negligence).
1.5 You have made certain representations and warranties to Future Radio (both in these Terms and otherwise) in applying for a place on the Competition. Future Radio has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Future Radio or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Future Radio’s opinion, which shall be final) an adverse effect on the Competition, Future Radio, reserves the right to forfeit your place on the Competition (without giving any reason and without notice).
1.6 You agree to co-operate with and comply with all reasonable requests of Future Radio and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
2. Eligibility to enter competitions
2.1 You must be a resident of Great Britain. Employees of Future Radio, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.
2.2 Only one entry per person will be permitted. Multiple entries will be disqualified.
3. The Competition
3.1 The interests and good reputation of Future Radio is paramount and Future Radio may, at its sole discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Future Radio to do so. In particular (without limitation), Future Radio reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conducts yourself in a manner which is inappropriate or unsuitable (in the discretion of Future Radio).
3.2 You will comply with the instructions and directions of Future Radio (failure to do so may lead to immediate disqualification, at Future Radio’s direction).
3.3 Incomplete or indecipherable entries will be void (in Future Radio’s absolute discretion).
3.4 Future Radio does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
3.5 Source material utilised by Future Radio’s question compilers shall be taken as correct.
3.6 Late entries will not be accepted (in Future Radio’s discretion).
3.7 In the case of a prize draw, the first correct entry drawn will be the winner.
3.8 The decision of Future Radio judges is final and conclusive in all circumstances and no correspondence will be entered into.
3.9 Future Radio shall be entitled, in its absolute discretion, to cancel a competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof.
4. Competition Entries via Text Message
4.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service (“SMS”) known commonly as a text message. Users should check with their service provider for details of compatibility.
4.2 Entries to Competition(s) via “text message” may only be submitted if the eligibility of text message entries is confirmed on-air.
4.3 Entries by text message must be sent to the applicable shortcode as advertised on-air. Please be aware that shortcodes may change from Competition to Competition.
4.4 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as mis-spelt or incorrect text entries will be void.
4.5 Text message to the Competition shortcode will normally cost a premium charge plus the standard rate for your mobile network provider. You should check with your network provider for more details. For the avoidance of doubt, the cost of calls from different mobile phone service providers may vary.
4.6 Text messaging charges incurred as a result of entrance to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill.
4.7 Please note that multiple entries (or votes) by text message shall each be charged as a single entry (or vote) and every text message shall incur the full charges applicable.
5. Claims to prizes
5.1 In order to enable Future Radio to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Future Radio reserves the right to carry out an interview (by telephone or in person with you and to tape record the interview). If you refuse to participate in or answer all questions raised in such an interview without good reason then your place will be treated as invalidated.
5.2 If Future Radio becomes aware of any fraud, deceit or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Future Radio, that you had no actual or imputed knowledge of the such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then Future Radio reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Future Radio forthwith upon discovery by Future Radio.
6. Prizes
6.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Future Radio may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
6.2 Future Radio does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
7. Ticket give-aways
7.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter's terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
8. Confidentiality
8.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Future Radio, its business, personnel, servants, agents or officers to anyone.
8.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Future Radio.
9. Publicity
9.1 Winners must as a condition of the prize participate in all required publicity.
9.2 You shall not without the specific prior written consent of Future Radio publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and the Participant's involvement therein shall vest exclusively with Future Radio.
9.3 You agree to undertake as requested by Future Radio all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Future Radio in perpetuity.
9.4 Without limitation to any other rights under this Agreement, Future Radio shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
10. Intellectual Property
10.1 In the case of competitions which require you to submit audio recordings you grant to Future Radio the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by Future Radio of the audio recording submitted will not infringe any third party rights and shall indemnify Future Radio for any loss, damage or liability arising in connection therewith.
10.2 You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
10.3 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Future Radio for its own use (in its absolute discretion).
11. Future Radio & exclusion of liability
11.1 Future Radio is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Future Radio or death or personal injury arising out of such negligence.
11.2 Future Radio accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
11.3 Future Radio shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
12. General
12.1 You undertake the Competition at your own risk and agree to indemnify Future Radio and it’s employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.
12.2 There is no fee payable to you in respect of your involvement in the Competition.
12.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at your own risk.
12.4 Future Radio is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition. This limitation does not exclude any liability for negligence by Future Radio or death or personal injury arising out of such negligence.
12.5 Future Radio reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
12.6 In the case of on-line competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Future Radio may be accessed by third parties. Future Radio accepts no liability in such cases.
12.7 These Terms shall be governed and construed in accordance with English Law.
12.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Future Radio) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Future Radio. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
12.9 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. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
12.10 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.