Full terms and conditions.
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 Banbury FM Ltd ("Banbury FM"), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Banbury FM 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 Banbury FM shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors). This exclusion does not include any liability for negligence by Banbury FM or any other liability that cannot be excluded by law.
1.5 You have made certain representations and warranties to Banbury FM (both in these Terms and otherwise) in applying for a place on the Competition. Banbury FM has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Banbury FM 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 Banbury FM's opinion, which shall be final) an adverse effect on the Competition, Banbury FM 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 Banbury FM 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 or the Channel Islands. Employees of Banbury FM, 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 prize per person will be permitted. Multiple entries are permitted, but if a prize is won, entries by the winner thereafter will be disqualified.
2.3 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by Banbury FM, shall provide evidence your age.
2.4 Banbury FM Radio has the right to refuse qualification of entry to any competition, if the person/entrant has already won a competition on any Banbury FM Radio station within the previous three months. A person may not win more than one prize valued at £50 or more within a three month period following the first win. A person/entrant may not win more than one prize valued at £500 or more within a six month 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.). Banbury FM reserve the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
3. Health and Safety
3.1 You confirm and warrant that, to the best of your knowledge, 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.
3.2 You agree to take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which Banbury FM 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 Banbury FM 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. Banbury FM 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 express prior consent of Banbury FM and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.5 You will comply with all directions of Banbury FM in respect of health and safety (failure to do so may lead to immediate disqualification, at Banbury FM'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 Banbury FM is paramount and Banbury FM 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 Banbury FM to do so. In particular (without limitation), Banbury FM 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 conduct yourself in a manner which is inappropriate or unsuitable (at the discretion of Banbury FM). 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 Banbury FM 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 Banbury FM . 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 Banbury FM (failure to do so may lead to immediate disqualification, at Banbury FM's direction).
4.4 Incomplete or indecipherable entries will be void (at Banbury FM's absolute discretion).
4.5 Banbury FM 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 Late entries will not be accepted (at Banbury FM's discretion).
4.7 The decision of Banbury FM 's judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.8 Banbury FM shall be entitled, at 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.
4.9 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Banbury FM 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 Banbury FM in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
4.10 Winners must collect their prize within 6 months of notification.
5. Competition Mechanics and Specific Prizes
5.1 Competition mechanics and the terms and conditions attached to specific non-cash prizes if any for any competition are detailed in the appendices below.
6. Claims to prizes
6.1 In order to enable Banbury FM to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Banbury FM 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 Banbury FM 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 Banbury FM 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 Banbury FM 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 Banbury FM forthwith upon discovery by Banbury FM .
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. Banbury FM may, at its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
7.2 Banbury FM 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.
7.3 Cash prizes will be paid by BACS (bank transfer) into the account detailed by the prize winner. In the event that a prize winner cannot provide bank details, at the company's discretion, a cheque may be raised in the prize winner's name. The station does not retain any bank details. The station does not pass any winner's details to a third party for any reason.
8.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Banbury FM , 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 Banbury FM .
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 Banbury FM 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 Banbury FM.
9.3 You agree to undertake as requested by Banbury FM 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 Banbury FM in perpetuity.
9.4 You hereby grant and assign to Banbury FM (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 Banbury FM 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 Banbury FM may in its absolute discretion determine.
9.5 Without limitation to any other rights under this Agreement, Banbury FM 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 Banbury FM 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 Banbury FM of the audio recording submitted will not infringe any third party rights and shall indemnify Banbury FM 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 Banbury FM for its own use (at its absolute discretion).
11. Banbury FM - limitation of liability
11.1 Banbury FM 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 Banbury FM or any other liability that cannot be excluded by law.
11.2 Banbury FM 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 Banbury FM 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.
12.1 You undertake the Competition at your own risk and agree to indemnify Banbury FM 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 acknowledge that all activities are undertaken at your own risk.
]12.4 Banbury FM 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 Banbury FM or death or personal injury arising out of such negligence.
12.5 Banbury FM 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 Banbury FM may be accessed by third parties. Banbury FM 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 Banbury FM) 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 Banbury FM. 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.