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| RadioXL
Competition
Terms and Conditions
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1. Introduction
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 Radio XL ("Radio XL"), its sponsor(s) or any company,
radio station or website owned or controlled (directly or indirectly)
by Radio XL 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 Radio XL 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 Radio XL's negligence).
1.5 Any representations and warranties made by you to Radio XL (both
in these Terms and otherwise) in applying for a place on the Competition
will be relied on as being true and accurate in granting a place
to you. Should Radio XL 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 Radio
XL's opinion, which shall be final) an adverse effect on the Competition,
Radio XL reserves the right to forfeit your place on the Competition
without giving any reason and without notice.
1.6 You must agree to co-operate with and comply with all reasonable
requests of Radio XL and its agents and employees 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 Radio
XL, 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 per immediate family per competition
will be permitted. Multiple entries will be disqualified.
2.3 You must represent and warrant that you are at least 18 years
of age on the date of the Agreement and, if requested by Radio XL,
shall provide evidence your age.
3. Health and Safety
3.1 You confirm and warrant that for the purposes of the competition,
your general state of health is good to the best of your knowledge,
and you have no medical condition that could be adversely affected
by strenuous exercise or any of the events or activities planned
or reasonably
expected to be involved in the Competition.
3.2 You must take all reasonable steps to ensure your own health
and safety. Any behaviour or act or conduct by you which Radio
XL considers to pose any medical, security or safety risk will
lead to your immediate disqualification (including without limitation
any abusive
behaviour, physical or psychological).
3.3 You are obliged to take all reasonable steps to ensure the
safety standards and the general appropriateness of activities
undertaken during the Competition and acknowledge that all activities
are undertaken at your own risk. You must notify Radio XL of any
medical or other condition which may mean that you are unfit for
travel or participation in the Competition as soon as you become
aware of such a condition. Radio XL 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.
3.4 You agree not to carry on your person (or in your possession
or control) or to purchase or consume during the Competition any
illegal substance. You acknowledge and agree that alcohol consumption
will only be allowed with the prior written consent of an authorized
representative of Radio XL, who will have full authority to direct
that you shall not consume any more alcohol.
3.5 You will comply with all directions of Radio XL in respect
of health and safety (failure to do so may lead to immediate disqualification,
at Radio XL's direction).
3.6 You confirm that you are not taking any medication at present
and will not during the Competition.
4. The Competition
4.1 The interests and good reputation of Radio XL are paramount
and Radio XL 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 Radio
XL to do so. In particular (without limitation), Radio XL 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 Radio XL). You shall be responsible
for any additional costs in this respect (including the costs
of your early return back to the country, if necessary). You will
not by any act or omission do anything, which might bring Radio
XL into disrepute.
4.2 You represent and warrant that you do not have any criminal
convictions or criminal record and have not undertaken any past
act or conduct which could affect the reputation of the Competition
or Radio XL. You also warrant that you do not currently, and have
not in the past, worked for any other radio station or media organisation
in the United Kingdom.
4.3 You will comply with the instructions and directions of Radio
XL (failure to do so may lead to immediate disqualification, at
Radio XL's direction).
4.4 Incomplete or indecipherable entries will be void (in Radio
XL's absolute discretion).
4.5 Radio XL 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).
4.6 Source material utilised by Radio XL's question compilers
shall be taken as correct.
4.7 Late entries will not be accepted (in Radio XL's discretion).
4.8 In the case of a prize draw, the first correct entry drawn
will be the winner.
4.9 The decision of Radio XL's judges is final and conclusive
in all circumstances and no correspondence will be entered into.
4.10 Radio XL 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.
4.11 In this event (and assuming a valid claim has already been
made) in the case of holiday prizes, Radio XL will use reasonable
endeavours to offer an alternative prize at some other time and/or
some other destination, which may be accepted instead by you.
If such alternative prize is not accepted (or not made) you shall
have no claim against Radio XL in respect of the cancellation
or delay of the Competition or prize or for any expense or damage
whatsoever incurred as a result thereof.
5. Competition Entries via Text Message
5.1 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.
5.2 Entries to Competition(s) via "text message" may
only be submitted if the eligibility of text message entries is
confirmed on-air.
5.3 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.
5.4 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.
5.5 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.
5.6 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.
5.7 Please note that multiple entries (or votes) by text message
are permitted but shall each be charged as a single entries (or
votes) and every text message shall incur the full charges applicable.
6. Claims to prizes
6.1 In order to enable Radio XL to correctly identify genuine
claims and to eliminate non-genuine, deceitful or fraudulent claims,
Radio XL 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.
6.2 If Radio XL 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 Radio XL, 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 Radio XL 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 Radio XL forthwith upon discovery
by Radio XL.
7. Prizes
7.1 All prizes are non-transferable and may not be given or assigned
to another person. Prizes cannot be exchanged for cash or other
alternatives. Radio XL may, in its sole discretion, substitute
a reasonable alternative for any of the prizes at any time.
7.2 Radio XL 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.
8. Holiday Prizes
8.1 Prizes must be taken in accordance with the dates and destinations
and number of passengers specified by Radio XL. There will be
no cash alternative. There will be no alternative destination.
8.2 Holidays are non-transferable. Holidays are subject to availability.
You must hold a valid UK passport with at least 6 months' further
duration (or competition entry will be invalid).
8.3 Holidays are not available to persons under the age of 18
without the express prior written permission of Radio XL. Children
between the ages of 12 and 16 years for the purpose of airfares
are considered to be adults. Children under 18 years of age must
obtain written consent from a parent or guardian and cannot travel
unless accompanied by an adult over the age of 18.
8.4 In the event of unforeseen circumstances or circumstances
outside Radio XL's reasonable control Radio XL reserves the right
to offer an alternative prize of equal value. No cash will be
offered.
8.5 All holidays must be taken within 6 months of the date of
the competition or will be deemed invalid.
8.6 You must comply with the terms and limitations of any insurance
policy relating to the holiday.
8.7 You must comply with the terms and conditions of the airline
and other transportation and venues involved in the Competition
or the Prize. In particular, you shall comply with all health
and safety guidelines and instructions and all applicable legal
and regulatory requirements.
8.8 You are not entitled nor authorised in any way to commit Radio
XL to any contract, expense or cost entered into or incurred without
its advance written acceptance of the same. No variation of these
Terms is effective unless approved by an authorised representative
of Radio XL in writing.
8.9 Passport control and in-country authorities will reserve the
right to refuse entry. If you are refused passage and or entry/exit
to or from the country being visited, any additional costs incurred
will be your sole responsibility.
8.10 Any flights, other transport, airport details, accommodation
or other aspects of the Prize, dates and times quoted by Radio
XL or its agents are for guidance only and are subject to change
without notice with no liability arising. You must have sufficient
financial resources to meet any financial commitment which they
may incur in connection with the Prize beyond those included in
the Prize itself (including, without limitation, transfers to
and from a London airport, meals and drinks).
8.11 You must comply with and are responsible for attending to
any inoculation and health regulations required for your destination.
9. Ticket give-aways
9.1 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.
10. Confidentiality
10.1 You undertake not at any time to disclose, reveal, communicate
or otherwise make public any information relating to Radio XL,
its business, personnel, servants, agents or officers to anyone.
10.2 You may not publicise your involvement in the competition
or the fact that you have won a prize without the prior written
permission of Radio XL.
11. Publicity
11.1 Winners must as a condition of the prize participate in all
required publicity.
11.2 You shall not without the specific prior written consent
of Radio XL 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 Radio XL.
11.3 You agree to undertake as requested by Radio XL 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 Radio XL in perpetuity.
11.4 You hereby grant and assign to Radio XL (to the extent that
it is has the rights to grant the same) the entire copyright and
other intellectual property rights in the Competition and your
involvement in the Competition (including, without limitation,
all interviews, pictures, audio, audio-visual, whether your appearance
is featured or incidental) in all media and technology (the "Products"),
and where such Products are not in existence at the date of this
Agreement, by way of present assignment of future assignment.
This assignment shall include the right for Radio XL to amend
or otherwise adapt such Products and/or use such Products in conjunction
with any other material and to use, distribute and/or broadcast
such products in all media and all formats
(including transmission by way of analogue transmission, digital
audio broadcasting, internet, satellite, television, film, cable
or telephony) and to licence any other persons to do so, in each
case for such purposes as Radio XL may in its absolute discretion
determine.
11.5 Without limitation to any other rights under this Agreement,
Radio XL shall be entitled to refer to your association with the
Competition and the Prize in all publicity, marketing and Competition
material in connection therewith.
12. Intellectual Property
12.1 In the case of competitions which require you to submit audio
recordings you grant to Radio XL 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 Radio XL of
the audio recording submitted will not infringe any third party
rights and shall indemnify Radio XL for any loss, damage or liability
arising in connection therewith.
12.2 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.
12.3 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 Radio XL for its own use (in its absolute
discretion).
13. Radio XL - exclusion of liability
13.1 Radio XL 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 Radio XL or death
or personal injury arising out of such negligence.
13.2 Radio XL 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.
13.3 Radio XL 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.
14. General
14.1 You undertake the Competition at your own risk and agree
to indemnify Radio XL and 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.
14.2 There is no fee payable to you in respect of your involvement
in the Competition.
14.3 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.
14.4 Radio XL 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 Radio XL or death or personal injury arising
out of such negligence.
14.5 Radio XL 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.
14.6 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 Radio
XL may be accessed by third parties. Radio XL accepts no liability
in such cases.
14.7 These Terms shall be governed and construed in accordance
with English Law.
14.8 These Terms represent the entire agreement between the parties
relating to the Competition or the Prize (unless otherwise expressly
confirmed in writing by Radio XL) 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 Radio XL. 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.
14.9 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.
14.10 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.
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