These are general terms & conditions. All competitions we run are bound by these terms & conditions, but may have separate terms & conditions attached to them too.
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 Orion Media Limited (“Orion Media Limited”) (including but not limited to those Competitions operated by Orion Media Limited on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by Orion Media Limited 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 (i.e. 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 Orion Media Limited’s negligence) that Orion Media Limited 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. Orion Media Limited 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 Orion Media Limited (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Orion Media Limited has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Orion Media Limited 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 Orion Media Limited’s opinion, which shall be final) have an adverse effect on the Competition, Orion Media Limited (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 Orion Media Limited 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 To enter a Competition you must be a resident of the United Kingdom and live in the Participating Radio Station’s registered transmission survey postal code area (TSA). A list of eligible post codes can be requested from the Radio Station. Employees of Orion Media Limited, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. Orion Media Limited reserves 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 Unless otherwise stated, winners may only win once in any given Competition.
2.4 You may only enter a Competition as an individual; any entries that, in Orion Media Limited’s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.5 Any entries made, in Orion Media Limited’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.
2.6 Orion Media Limited 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.
2.7 A person may not win more than one prize valued at £500 or greater (subject to each individual station’s discretion) 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.). Orion Media Limited reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
2.8 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 closing date for entries to a Competition and, if requested by Orion Media Limited, shall provide evidence of your age to Orion Media Limited’s reasonable satisfaction.
2.9 Proof of eligibility to enter a Competition must be provided to Orion Media Limited on request.
2.10 You must enter any Competition using your legal name. Orion Media Limited reserves the right to disqualify anyone entering a competition using a false name. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.
2.11 Orion Media Limited reserves the right to disqualify anyone entering a competition on behalf of another person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
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 Orion Media Limited 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 Orion Media Limited 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. Orion Media Limited 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 Orion Media Limited 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 Orion Media Limited or Orion Media Limited’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at Orion Media Limited’s 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. Orion Media Limited 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 start with any applicable keyword as published or announced for the specific Competition followed by a space and be sent to the applicable shortcode as advertised on-air. Please be aware that shortcodes along with keywords 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 Orion Media Limited 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 Orion Media Limited 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 twenty five pence plus 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 Orion Media Limited reserves the right to disclose your personal data to PhonepayPlus at the reasonable request of PhonepayPlus.
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 (including but not limited to loss of battery or signal) before or during the competition, Orion Media Limited 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 Orion Media Limited in order to participate in a Competition, Orion Media Limited reserves the right to select another entrant to participate in the Competition.
4.9 Where the competition is entered by phone, the relevant phone number will be given on-air at the time of the competition. Where you use any other phone number, Orion Media Limited cannot be held responsible for entries not being processed. Winners or entrants shall be chosen at random from those callers which successfully reach the switchboard, unless an alternate method selection is stated.
5. Claims to prizes
5.1 In order to enable Orion Media Limited 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, Orion Media Limited 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. Orion Media Limited 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. Orion Media Limited 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 Orion Media Limited 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 Orion Media Limited, 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 Orion Media Limited 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 Orion Media Limited forthwith upon notification by Orion Media Limited.
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 end date of the Competition. Prizes must be claimed within 28 days of notification.
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 Orion Media Limited 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 Orion Media Limited’s reasonable control, Orion Media Limited 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.
6.5 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6.6 Orion Media Limited reserves the right to substitute any Prize.
6.7 Where a period of validity is not stated, all prizes must be redeemed within three months of winning.
7. Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Orion Media Limited. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid passport with at least 6 months’ further duration and no visa restrictions on your ability to travel to the relevant destination (or Competition entry will be invalid).
7.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. 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.
7.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Orion Media Limited or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
7.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the Prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
7.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. There may be additional terms and conditions imposed by the Prize provider which must be complied with and Orion Media Limited will not be responsible for your failure to comply with such terms and conditions. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.7 You are not entitled nor authorised in any way to commit Orion Media Limited to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
7.8 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.
7.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Orion Media Limited 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 you 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).
7.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
8. Ticket give-aways
8.1 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. Use of the Prize constitutes acceptance of these rules.
8.2 Unless otherwise stated, prizes of tickets do not include travel, accommodation or any extras.
8.3 Tickets cannot be exchanged. It is advised that standing area tickets are not suitable for under people under the age of 16.
8.4 The unauthorised sale or disposal of tickets is a criminal offence.
8.5 In the event of a meet & greet or sound check party invite along with tickets won, the venue and artist’s management reserves the right to refuse entry to any winner if deemed necessary for security or any other reason. All decisions are final.
9. Online give-aways
9.1 Participating Radio Stations and Prizes will be disclosed in the competition specific terms.
9.2 Entrants must go online to the Radio Station website to answer any entry question provided and register their details in full.
9.3 All eligible entries will be entered into a random draw after entry has closed and winners will be notified within 28 days.
10.1 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. Orion Media Limited reserves the right to disqualify multiple votes.
11. Disqualification of Entries and Cancellation of the Competition
11.1 You acknowledge that the interests and good reputation of Orion Media Limited and its radio stations are paramount and Orion Media Limited 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 Orion Media Limited (or its radio stations) to do so.
11.2 Orion Media Limited 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 Orion Media Limited). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
11.3 In the event of disqualification, Orion Media Limited reserves the right to select another entrant to take part in the Competition.
11.4 Orion Media Limited 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), Orion Media Limited 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 Orion Media Limited in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
11.5 Orion Media Limited 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.
11.6 A Competition or specific promotional devices may be declared as void by Orion Media Limited 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 Orion Media Limited.
11.7 The Radio Station reserves the absolute right to disqualify any entrant to the Competition which it considers has used improper technical means to enter.
11.8 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.
11.9 Orion Media Limited 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.
12.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Orion Media Limited, its business, personnel, servants, agents or officers to anyone.
12.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of Orion Media Limited.
13.1 Winners must as a condition of the Prize participate in all publicity required by Orion Media Limited and/or third parties connected with the Competition.
13.2 You acknowledge and agree that Orion Media Limited 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.
13.3 You shall not without the specific prior written consent of Orion Media Limited 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 Orion Media Limited.
13.4 You agree to undertake (as requested by Orion Media Limited) 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 Orion Media Limited in perpetuity.
13.5 Without limitation to any other rights under this Agreement, Orion Media Limited shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
14. Intellectual Property
14.1 Unless otherwise stated, Competition entries will not be returned to you.
14.2 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 Orion Media Limited 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 Orion Media Limited deems it appropriate; and
(b) agree, at Orion Media Limited’s request, to assign to Orion Media Limited 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 Orion Media Limited to effect the assignment under this clause
and you agree that the licence and, if applicable, any assignment shall include the right for Orion Media Limited 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 Orion Media Limited may in its absolute discretion determine.
14.3 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 Orion Media Limited will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. Orion Media Limited 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.
14.4 By entering any Competition and submitting any material or Products you warrant to Orion Media Limited 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) Orion Media Limited 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 libelous, 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.
14.5 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.
14.6 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 Orion Media Limited may result in your disqualification from the Competition and forfeiture of any Prize.
14.7 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 Orion Media Limited for its own use (in its absolute discretion).
15. Exclusion of liability
15.1 Orion Media Limited 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 Orion Media Limited; (ii) death or personal injury arising out of Orion Media Limited’s negligence or the negligence of its employees; (iii) fraud or fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.
15.2 Orion Media Limited 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.
15.3 Orion Media Limited 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 Orion Media Limited may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
16.1 You will comply with the instructions and directions of Orion Media Limited or Orion Media Limited’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Orion Media Limited’s direction.
16.2 You agree you will not by any act or omission do anything, which might bring Orion Media Limited 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 Orion Media Limited. 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.
16.3 Source material utilised by Orion Media Limited’s question compilers shall be taken as correct.
16.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
16.5 Orion Media Limited 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.
16.6 No entries will be accepted from agents, in bulk or from third parties.
16.7 The decision of Orion Media Limited’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
16.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
16.9 Orion Media Limited 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.
16.10 Orion Media Limited 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.
16.12 You undertake the Competition and the taking of any Prize at your own risk.
16.13 You agree to indemnify Orion Media Limited 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 Orion Media Limited 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 Orion Media Limited’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
16.14 There is no fee payable to you in respect of your involvement in the Competition.
16.15 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 Orion Media Limited may be accessed by third parties. Orion Media Limited accepts no liability for loss resulting from your entry to an online Competition.
16.16 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.
16.17 No variation of these Terms is effective unless approved by an authorised representative of Orion Media Limited in writing.
16.18 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Orion Media Limited) 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.
16.19 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.
16.20 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.
16.21 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.
COMPETITION GENERAL TERMS AND CONDITIONS
(with effect from competitions launched on or after May 1st 2014)
- 1. THESE TERMS AND CONDITIONS
- These terms and conditions (which we will refer to as our “General Terms“) are the overarching general terms and conditions that apply to all the competitions promoted by the radio stations controlled by Orion Media Limited. We refer to all these competitions as the “Competitions” in these General Terms.
- Competitions may also have their own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win). Any such Competition-specific terms and conditions will be made available by means of the relevant media as part of the on-air or in-print promotion of the particular Competition. In these General Terms, we will refer to these Competition-specific terms and conditions as the “Specific Terms“.
- You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
- We may change these General Terms at any time. You should check our website regularly for any changes which will apply from the date that they are uploaded.
- 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 who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Orion Media Limited (“the Promoter“).
- Orion Media Limited is a company registered in England and Wales. You can write to us using the following process if you have any concern in relation to any of our Competitions, setting out clearly the name of the Competition, the name of our radio station running the Competition and your issue:
- in the first instance, the local radio station running the Competition. Details of the relevant address can be located on each individual station’s website;
- if you are not satisfied with the response from your local radio station, please write to Orion Media Limited, Brindleyplace, 4 Oozells Square, Birmingham, B1 2DJ.
- 3. ELIGIBILITY RULES FOR OUR COMPETITIONS
- 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.
- 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.
- Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements will be publicised to entrants in the relevant Competition.
- 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.
- 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 METHODS
- Premium rates: Competition entry may be by premium rate landline or mobile texts or calls. Your network provider may also charge varying amounts for these types of call and so the cost of your call may be more than as stated by us. In all cases you should check with your network provider. You should note that invalid or unsuccessful entries made via these methods may still be charged. In all cases, you should have the bill payer’s permission to enter using a premium rate method. Where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call or text made.
- SMS: Where a Competition asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the specific Competition. Entries which fail to do so will be void.
- PhonePayPlus: We will always comply with the PhonePayPlus code of conduct in relation to premium rate competitions. PhonePayPlus is the UK regulator of premium rate services and you can access their details here: www.phonepayplus.org.uk.
- 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, 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 including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
- On-Air Competitions: We seek to require contestants to call the number given at the time of the competition. In relation to on-air Competitions, the constraints of time may mean that we will proceed to the next caller if any caller does not answer our call promptly for any reason: we will have no liability to any caller who fails to answer our call promptly and who is as a result passed over in favour of another competitor. In addition, if in the course of a telephone call related to participation or entry in any on-air Competition, the telephone line drops out or breaks up, we may proceed to another caller. In such event, we will not be responsible for the awarding of any prize to the caller whose line dropped out or broke up, for whatever reason. In addition, if a contestant or winner cannot be contacted by us to participate or enter any on-air Competition (including where a third party answers the telephone on the contestant or winner’s behalf) we reserve the right to disqualify that person and to select a replacement contestant or winner (whichever is applicable).
- Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
- Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
- Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
- Prize Limits. No person or persons at the same residential address may win more than one prize valued at £500 or more via any of our Competitions in any six (6) month period.
- Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in rules 4.6 to 4.9 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
- 5. PRIZES
- 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.
- All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
- on air at the time of winning (in the case of on-air Competitions);
- by telephone;
- in writing.
- Prizes will be despatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
- Prizes will only be delivered to an address within the UK. Should a prize winner’s contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
- We reserve the right to request proof of a prize winner’s identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
- All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) 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.
- 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.
- 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 prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
- All stated prize values are at the supplier’s recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prize winner. Any other arrangement will be at our discretion.
- No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included and any accommodation prize includes basic room charge only.
- Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 19.2, Orion shall have no liability in relation to any prize provided by a third party provider.
- 6. HOLIDAY PRIZES
- Because of their complexity, we have certain special terms that apply to holiday prizes. These are set out in this paragraph 6 below. Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winner plus guest) then these terms also apply to those persons.
- Unless otherwise stated, insurance is not provided as part of any holiday prize. It will be each prize winner’s and (if applicable) their travelling companion’s responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prize winner and are not provided as part of any holiday prize. Unless stated otherwise, holiday prizes consist of flights and accommodation only.
- Unless otherwise stated, holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner and any travelling companion.
- The prize winner and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to your holiday destination nor for any additional costs incurred should you be refused entry.
- Unless otherwise stated, all holiday prizes must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse. Holiday prizes are also usually subject to terms and conditions required by the provider which will apply to the prize winner.
- It is the responsibility of the prize winner and any travelling companions (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We will not be responsible for any loss or damage suffered by any prize winner and their travelling companions (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
- The prize winner and their travelling companions (if applicable) must comply with and are responsible for obtaining any inoculation and health regulations required by any holiday prize destination country.
- We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a holiday prize for any reason.
- Prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
- Where the United States of America is a holiday prize destination, the prize winner and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
- 7. EVENTS PRIZES
- Where the prize for any of our Competitions involve the winner’s attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
- Entrants proposing to redeem prizes involving, or participating in any Competition where it involves, travel, stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require as a condition of entering the Competition or receiving the prize to:
- submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
- execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
- Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prize winner to attend any “meet and greet” session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
- 8. UNCLAIMED PRIZES
- All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
- We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
- 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.
- 9. PUBLICITY AND PERSONAL INFORMATION
- 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.
- 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.
- In particular, entrants consent to their entries to radio Competitions being read out on air and/or to their conversations with our presenters being broadcast on air and communicated to the public on our website/s.
- All entrants and particularly prize winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions such as on-air Competitions.
- 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.
- No fees shall be payable to any entrant in relation to their entry in any Competition.
10. PHOTOGRAPHS AND VIDEOS
- Should any Competition require entrants to submit a photograph or video clip, as a part of entry into or participation and used in the Competition (collectively, “Photograph“):
- entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
- entrants agree that we have the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
- entrants acknowledge that we may edit the Photographs in our sole discretion;
- entrants agree that we have the right to use entrants’ names, likenesses and other personal information in conjunction with the Photographs;
- entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
- entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
- entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
- Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
- If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
- By entering our Competitions all entrants:
- 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;
- 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;
- 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;
- 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.
- 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.
- 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.
- Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
- 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.
14. 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.
15. LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
16. 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.
17. DECISIONS FINAL
- 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.
- Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
- Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
18. 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.
19. EXCLUSION OF LIABILITY
- 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.
- 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 19.2 shall also apply in respect of any prize provided by a third party provider.
- 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.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.
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