| 1.
Introduction
1.1
These Competition terms and conditions shall be binding
on you ("you") when you enter any promotion,
prize draw or competition ("Competition(s)")
operated by Rookwood Sound (including but not limited to
those Competitions operated by Rookwood Sound on behalf
of its sponsors) or any company, radio station or
website owned or controlled (directly or indirectly) by
Rookwood Sound from time to time.
1.2 Any
specific rules, entry instructions and any other
specific details relating to the particular Competition
or the Competition prizes or gifts ("Prizes")
published on this website or in any media which features
the Competition (ie on-air messages) together with these
Competition terms and conditions form the Competition
terms ("Terms"). Entry and participation in
any Competition shall be deemed an unconditional
acceptance by you of these Terms.
1.3
It is agreed and accepted by you (except in respect of
death or personal injury directly attributable to
Rookwood Sound negligence) that Rookwood Sound shall
have no liability whatsoever in respect of Competitions
operated by third parties and featured on air or on our
Sites. The relevant third party will be responsible for
the fulfilment of the Competition. Rookwood Sound
accepts no responsibility for the acts or omissions of
such third parties.
1.4 No
purchase of any kind is required for free prize draws.
Please follow the directions either on the Site for the
particular Competition or as publicised in on-air
messages.
1.5 You
have made certain representations and warranties to
Rookwood Sound (both in these Terms and otherwise) in
entering the Competition and/or applying for a place on
the Competition. Rookwood Sound has relied on the
accuracy and truth of such representations and
warranties in granting a place to you. Should Rookwood
Sound or its agents become aware of any fraud,
dishonesty, deceit or similar action undertaken in
connection with the Competition or otherwise, or any act
or omission which might (in Rookwood Sounds opinion,
which shall be final) have an adverse effect on the
Competition, Rookwood Sound (or any of its radio
stations), reserves the right in its absolute discretion
(without notice to you and/or without giving reasons) to
(i) forfeit your place on the Competition; or (ii)
withdraw the Prize(s).
1.6 You
agree to co-operate with and comply with all reasonable
requests of Rookwood Sound and its agents and employees
(and in particular the health and safety team) in
connection with any Competition and its broadcast.
2.
Eligibility to enter competitions
2.1 You
must be a resident of the United Kingdom to enter a
Competition. Employees of Rookwood Sound, their
families, press, agencies or any persons directly or
indirectly connected with a particular Competition are
not eligible to enter such Competition. Rookwood Sound
reserve the right to verify the eligibility of all
entrants.
2.2
Unless otherwise stated, only one entry per person will
be permitted and multiple entries will be void and the
entrant(s) disqualified.
2.3 You
may only enter a Competition as an individual, any
entries that, in Rookwood Sound's absolute discretion,
have been made via participation in a syndicate will be
disqualified.
2.4 Any
entries made, in Rookwood Sound's absolute discretion,
via any form of machine assisted intervention enabling
multiple entries will be disqualified.
2.5
Rookwood Sound reserves the right to discount multiple
entries from the same IP address or telephone number,
unless the specific terms and conditions for the
Competition state that multiple entries are permitted.
2.6 A
person or people at the same residential address may not
win more than one prize valued at £100 or greater
(subject to each individual station's discretion) within
a one year period following the first win, nor shall any
member of such person's family residing at the same
address (including, but not limited to, aunts, uncles,
cousins, grandparents etc.). Rookwood Sound reserves the
right to withhold prizes from any such person.
2.7
Where it is expressly stated that a Competition is open
to over 18's only, you represent and warrant that you
are at least 18 years of age on the date you enter a
Competition and, if requested by Rookwood Sound, shall
provide evidence of your age to Rookwood Sounds
reasonable satisfaction.
2.8
Proof of eligibility to enter a Competition must be
provided to Rookwood Sound on request. 2.9 You must
enter any Competition using your legal name. By entering
a Competition, you hereby warrant that all information
submitted by you is true, current and complete.
3.
Health and Safety
3.1 By
entering a Competition, you confirm and warrant that, to
the best of your knowledge and belief, your general
state of health is good 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.
You confirm that you are not taking any medication at
present and will not take any medication during the
Competition which may be affected by your participation
in the Competition.
3.2 You
must take all reasonable steps to ensure your own health
and safety when taking part in any events or activities
forming part of the Competition or the Prize. Any
behaviour or act or conduct by you which Rookwood Sound
considers to pose any medical, security or safety risk
(including without limitation any abusive behaviour,
physical or psychological) will lead to your immediate
disqualification.
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.
3.4 You
must notify Rookwood Sound 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. Rookwood Sound
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.
3.5 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 express prior consent of Rookwood Sound and the
health and safety team, who will have full authority to
direct that you shall not consume any more alcohol. 3.6
You will comply with all directions of Rookwood Sound or
Rookwood Sounds representatives in respect of health and
safety. Failure to do so may lead to immediate
disqualification, or immediate withdrawing of the Prize
at Rookwood Sounds direction.
4.
Competition entries via text message and telephone
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. Rookwood Sound will not be liable in the
event of telephone or text message entries not received
as a result of network incompatibility, technical
faults, or otherwise.
4.2
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.
Entrants should only submit one text message entry for
each competition (unless otherwise stated for the
specific Competition) and Rookwood Sound reserves the
right to discount multiple entries. 4.3 For the
avoidance of doubt, you should follow the on-air
instructions regarding the texting of Competition
answers extremely carefully as Rookwood Sound cannot
guarantee Competition entry for mis-spelt or incorrect
text entries.
4.4 A
text message to the Competition shortcode or a telephone
call to the Competition line will normally cost the
standard rate for your mobile or telephone provider
unless expressly stated in the specific rules for the
Competition. You should check with your network provider
for more details. For the avoidance of doubt, the cost
of text messages from different mobile phone service
providers may vary. No purchase of any kind is necessary
for free prize draws and in all Competitions which are
free prize draws where an offer is made for
participation involving a premium rate telephone call or
reverse billed SMS message, alternative non-billed entry
mechanisms will be made available. You should refer to
this Site or on-air messages for the relevant
Competition for details of the no purchase necessary
route to entry.
4.5
Rookwood Sound reserves the right to disclose your
personal data to Phone Pay Plus at the reasonable
request of Phone Pay Plus.
4.6 Text
messaging charges incurred as a result of entry 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 Any
person using a telephone which is not his or her own
should ask for the permission of the person who pays the
bill before sending a text message or telephoning the
competition line.
4.8 In
the event that a telephone call to a Competition entrant
is disconnected for any reason before or during the
competition, Rookwood Sound reserves the right to select
another entrant to participate in the Competition. In
the event that an entrant does not answer their
telephone when contacted by a representative of Rookwood
Sound in order to participate in a Competition, Rookwood
Sound reserves the right to select another entrant to
participate in the Competition.
5.
Claims to prizes
5.1 In
order to enable Rookwood Sound to correctly identify
genuine claims and to eliminate non-genuine, deceitful
or fraudulent claims, evidence of Competition entry must
be made available if requested for the checking of such
claim. In addition, Rookwood Sound reserves the right to
request proof of identity, age and address in the form
of your passport or driving licence, and proof of your
address in the form of a utility bill. Rookwood Sound
may also carry out an interview in order to validate
such claims. Interviews may be by telephone or in person
with you and may be recorded. Rookwood Sound may also
ask you to provide an in-studio recording to compare to
your on-air win to provide proof of vocal identity. If
you refuse to provide any of these details or
participate in or answer all questions raised in such an
interview without good reason then your place in the
Competition will be treated as invalidated and the Prize
may be withdrawn.
5.2 If
Rookwood Sound becomes aware of any fraud, deceit,
misconduct or similar action during or in relation to a
Competition which relates in any way to a claim, then
that claim will not be met unless it is proven to the
satisfaction of Rookwood Sound, that you had no actual
or imputed knowledge of 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 Rookwood Sound 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, misconduct or
other action is only discovered after the Prize has been
released, you undertake to return the same (or provide
compensation) to Rookwood Sound forthwith upon
notification by Rookwood Sound.
5.3
Failure to claim a Prize in the time or manner specified
for the relevant Competition will make any claim
invalid. 5.4 Winners of Prizes will be notified within
28 days of the relevant Closing Date for the
Competition. Prizes must be claimed within 28 days of
notification.
6.
Prizes
6.1 All
Prizes are non-transferable and may not be given,
assigned or sold to another person. Prizes cannot be
exchanged for cash or other alternatives.
6.2
Rookwood Sound does not accept any liability for Prizes
which are lost, delayed or damaged in the post or
otherwise not validly received by you.
6.3 In
the event of unforeseen circumstances or circumstances
outside Rookwood Sounds reasonable control, Rookwood
Sound reserves the right to offer an alternative prize
of equal value. No cash will be offered.
6.4 In
the event of there being more claims than Prizes
available, the name of the valid claimants will go into
a draw for the Prizes.
7.
Ticket give-aways
7.1 In
the case of prizes in the form of free tickets, ticket
holders shall be bound by and comply with the event
promoter's terms and conditions together with those set
out on the ticket and the rules and regulations of the
venue.
8.
Voting
8.1 For
Competitions involving online voting, entrants must
register a valid email address to be entitled to vote.
Only one vote for each valid email address will be
accepted. Rookwood Sound reserves the right to
disqualify multiple votes.
9.
Disqualification of Entries and Cancellation of the
Competition
9.1 You
acknowledge that the interests and good reputation of
Rookwood Sound and its radio stations are paramount and
Rookwood Sound may, at its reasonable 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 Rookwood Sound (or its radio
stations) to do so.
9.2
Rookwood Sound 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 your
obligations, or representations and warranties, under
the Terms or if you otherwise conduct yourself in a
manner which is inappropriate or unsuitable (as
determined in the reasonable discretion of Rookwood
Sound). You shall be responsible for any additional
costs in this respect (including the costs of your early
return back to the country, if necessary).
9.3 In
the event of disqualification, Rookwood Sound reserves
the right to select another entrant to take part in the
Competition.
9.4
Rookwood Sound shall be entitled, in its reasonable
discretion, to cancel (and/or recommence) 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.
In this event (and assuming a valid claim has already
been made), Rookwood Sound will use reasonable
endeavours to offer an alternative prize at some other
time and/or if applicable 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 Rookwood Sound in respect of the
cancellation or delay of the Competition or Prize or for
any expense or damage whatsoever incurred as a result
thereof.
9.5
Rookwood Sound 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.
9.6 A
Competition or specific promotional devices, may be
declared as void by Rookwood Sound if such promotional
devices contain a printing error, or involve a
production or distribution error, of any kind.
Promotional devices found to be mutilated, illegible,
altered, reconstructed, forged or tampered with in any
way will also be declared void by Rookwood Sound.
9.7 The
Competition may also be declared void should a printing
or production error in connection with the Competition
appear on this Site or occur in an on-air message.
9.8
Rookwood Sound reserves the right in its reasonable
discretion to (i) disqualify any claimant or entrant
whose conduct is contrary to the spirit of these Terms
or the intention of the Competition; (ii) declare as
void any claims or entries resulting from printing,
production or distribution errors (including any errors
relating to the description of the Competition on this
Site or on-air) or where there has been errors in the
preparation for or the conduct of the Competition
materially affecting the result of the Competition or
the number of claims or the value of the claims.
10.
Confidentiality
10.1 You
undertake not at any time to disclose, reveal,
communicate or otherwise make public any information
relating to Rookwood Sound, 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 Rookwood Sound.
11.
Publicity
11.1
Winners must as a condition of the Prize participate in
all publicity required by Rookwood Sound and/or third
parties connected with the Competition.
11.2 You
acknowledge and agree that Rookwood Sound may publish
winners' names on any and all media and make these
available on request to third parties. Winners' names
are available on request by sending an SAE to the
address published on this Site and/or stated on air up
to 1 month after the closing date for the relevant
Competition.
11.3 You
shall not without the specific prior written consent of
Rookwood Sound 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 your involvement therein shall vest exclusively with
Rookwood Sound.
11.4 You
agree to undertake (as requested by Rookwood Sound) all
interviews, Competitions and other activities and to the
reproduction, publication, exhibition, transmission and
broadcast of such by all means and media throughout the
world at the discretion of Rookwood Sound in perpetuity.
12.5 Without limitation to any other rights under this
Agreement, Rookwood Sound 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
Unless otherwise stated, Competition entries will not be
returned to you.
12.2 In
respect of copyright and other intellectual property
rights in any Competition, your entry into 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"), you: (a) hereby grant to
Rookwood Sound a non-exclusive, royalty-free perpetual
worldwide licence to use any such copyright and other
intellectual property rights in any and all media to the
extent Rookwood Sound deems it appropriate; and (b)
agree, at Rookwood Sounds request, to assign to Rookwood
Sound the entire such copyright and other intellectual
property rights (including without limitation where such
Products are not in existence at the date of this
Agreement, by way of present assignment of future
copyright) and you agree to do all such acts as may be
reasonably requested of you by Rookwood Sound to effect
the assignment under this clause and you agree that the
licence and, if applicable, any assignment shall include
the right for Rookwood Sound to alter, edit, compile,
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 the right to sub-license such rights to
any other persons, in each case for such purposes as
Rookwood Sound may in its absolute discretion determine.
12.3 Any
information submitted by you relating to a Competition
must be personal and related specifically to you. You
warrant that any information which you submit to
Rookwood Sound will not infringe the intellectual
property, privacy or any other rights of any third
party, and will not contain anything which is libellous,
defamatory, obscene, indecent, harassing or threatening.
Rookwood Sound reserves the right, but not the
obligation, to screen, filter and/or monitor information
provided by you and to edit, refuse to distribute or
remove such information.
12.4 By
entering any Competition and submitting any material or
Products you warrant to Rookwood Sound that: (a) you own
or are licensed in respect of the Products submitted as
part of the Competition conditions and that you have the
right, power and authority to grant the rights set out
in these Terms; (b) Rookwood Sound is free and able to
use the Products in accordance with and in the manner
set out in any relevant terms; (c) you agree to waive
any moral rights you may have in the Products and have
obtained a waiver or all applicable moral rights in the
Product and further have obtained all consents and
permissions in respect of the Product; (d) the Products
do not violate any applicable law or regulation
(including any laws regarding anti-discrimination or
false advertising); (e) the Products are not defamatory,
trade libellous, unlawfully threatening or unlawfully
harassing; (f) the Products are not obscene or
pornographic; and (g) the Products do not, to the best
of the your knowledge, contain any viruses or other
computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information.
12.5 The
entrant to a Competition is the individual submitting
the media (ie the person who owns the mobile telephone
or who can be reached at the relevant email address). If
the person(s) whose image is captured in any images,
videos or other media is different to the person
submitting the media, the person featured in the image
shall have no claim to the Prize or any part thereof.
12.6 You
must ensure that any person or persons whose image has
been used in the relevant Products has given valid
consent for the use of their image or has waived any
rights they may have in the images, videos or other
media submitted. Failure to adequately demonstrate this
consent to the satisfaction of Rookwood Sound may result
in your disqualification from the Competition and
forfeiture of any Prize.
12.7 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 Rookwood Sound for
its own use (in its absolute discretion).
13.
Exclusion of liability
13.1
Rookwood Sound is not liable in any way for any costs,
expenses, damages, liability or injury suffered by you
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
(i) negligence by Rookwood Sound; (ii) death or personal
injury arising out of Rookwood Sounds negligence or the
negligence of its employees; (iii) fraud or fraudulent
misrepresentation; or (iv) any liability that cannot be
excluded or limited by law.
13.2
Rookwood Sound 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
Rookwood Sound 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 reasonable control and whilst
Rookwood Sound may endeavour to provide an alternative
Prize, it shall not be liable to compensate you in such
circumstances.
14.
General
14.1 You
will comply with the instructions and directions of
Rookwood Sound or Rookwood Sounds representatives.
Failure to do so may lead to immediate disqualification
or withdrawal of the Prize, at Rookwood Sound's
direction.
14.2 You
agree you will not by any act or omission do anything,
which might bring Rookwood Sound or its radio stations
into disrepute. 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
adversely affect the reputation of the Competition or
Rookwood Sound. 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.
14.3
Source material utilised by Rookwood Sounds question
compilers shall be taken as correct.
14.4
Late entries (i.e. entries received after the relevant
advertised closing date for the Competition) will not be
accepted.
14.5
Rookwood Sound does not accept responsibility for
entries lost, damaged or delayed in transit to the
Competition address nor for any problems related to
telephone networks/lines, computer systems or equipment,
internet issues including traffic congestion. Proof of
posting will not be accepted as proof of receipt nor
will proof that an e-mail has been sent be deemed proof
of receipt.
14.6 No
entries will be accepted from agents, in bulk or from
third parties.
14.7 The
decision of Rookwood Sound's judges is final and
conclusive in all circumstances and no correspondence
will be entered into.
14.
Incomplete or indecipherable entries will be void.
Unless otherwise stated, photocopies (e.g. of entries or
tokens) will not be accepted.
14.9
Rookwood Sound reserves the right, in its reasonable
discretion, to add to, amend, or waive any Terms on
reasonable notice, including but not limited to
extending or reducing the duration of a Competition, and
giving clues.
14.10
Rookwood Sound cannot accept any responsibility for any
damage, loss, injury or disappointment suffered by you
in entering the Competition or as a result of accepting
any Prize.
14.11
Any personal data submitted by you will be used solely
in accordance with current UK data protection
legislation and Rookwood Sound's privacy policy.
14.12
You undertake the Competition and the taking of any
Prize at your own risk.
14.13
You agree to indemnify Rookwood Sound and its 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 Rookwood Sound arising as a result of a
breach by you of your obligations under the Terms or in
any way in connection your failure to follow Rookwood
Sound's reasonable instructions with regard to your
entry into the Competition or taking of the Prize.
14.14
There is no fee payable to you in respect of your
involvement in the Competition.
14.15 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 Rookwood Sound may be accessed by third
parties. Rookwood Sound accepts no liability for loss
resulting from your entry to an online Competition.
14.16
These 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.
14.17 No
variation of these Terms is effective unless approved by
an authorised representative of Rookwood Sound in
writing.
14.18
The Terms represent the entire agreement between you and
us relating to the Competition or the Prize (unless
otherwise expressly confirmed in writing by Rookwood
Sound) 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. The invalidity,
illegality, or unenforceability of the whole or any part
of these Terms or any specific terms for a Competition
published on this website or in any media featuring the
Competition does not affect or impair the continuation
in force of the remainder of the Terms.
14.19
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.
14.20
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.
14.21 If
any provision of the Terms are held by any competent
authority to be invalid or unenforceable in whole or in
part that part shall be severed from other terms and
conditions and the validity of the other provisions of
the Terms and the remainder of the provision in question
shall not be affected.
Devised
October 2008 |