Legal Disclaimer

Competition Terms and Conditions

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 Amber Sound FM Ltd (“ASFM ”) (including but not limited to those Competitions operated by ASFM on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by ASFM 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 ASFM’s negligence) that ASFM 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. ASFM 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 ASFM (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. ASFM has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should ASFM 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 ASFM’s opinion, which shall be final) have an adverse effect on the Competition, ASFM (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 ASFM 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 ASFM, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. ASFM 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 ASFM’s absolute discretion, have been made via participation in a syndicate will be disqualified.

2.4 Any entries made, in ASFM’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.

2.5 ASFM 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 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.). ASFM 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.

2.7 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 closing date for entries to a Competition and, if requested by ASFM, shall provide evidence of your age to ASFM’s reasonable satisfaction.

2.8 Proof of eligibility to enter a Competition must be provided to ASFM on request.

2.9 You must enter any Competition using your legal name. ASFM 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.

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 ASFM 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 ASFM 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. ASFM 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 ASFM 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 ASFM or ASFM’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at ASFM’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. ASFM 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 ASFM 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 ASFM 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, alteative 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 ASFM reserves the right to disclose your personal data to anyone it deems necessary and will be held on our own text mailing list for promotional purposes.

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, ASFM 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 ASFM in order to participate in a Competition, ASFM reserves the right to select another entrant to participate in the Competition.

4.9 entry of a competition by text message wil expose your mobile number to us and will be held on our central database and will be used for marketing purposes by the station unless you state to us it must not be. if you do ask for removal from our list you must note that the sending of texts to our shortcode will add you to the list again. We will use your text number to inform you of offers and things of interest happening at the station and may offer to carry out marketing campaigns by our sponsors. Text messages sent to you will cost you nothing unless otherwise stated on air with specific competitions or charity campaigns.

5. Claims to prizes

5.1 In order to enable ASFM 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, ASFM 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. ASFM 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. ASFM 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 ASFM 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 ASFM, 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 ASFM 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 retu the same (or provide compensation) to ASFM forthwith upon notification by ASFM.

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. 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 alteatives.

6.2 ASFM 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 ASFM’s reasonable control, ASFM 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.

7. Holiday Prizes

7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by ASFM. 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 ASFM 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 ASFM 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 ASFM 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 ASFM 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.

9. Voting 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. ASFM reserves the right to disqualify multiple votes.

10. Disqualification of Entries and Cancellation of the Competition

10.1 You acknowledge that the interests and good reputation of ASFM and its radio stations are paramount and ASFM 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 ASFM (or its radio stations) to do so.

10.2 ASFM 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 ASFM). You shall be responsible for any additional costs in this respect (including the costs of your early retu back to the country, if necessary).

10.3 In the event of disqualification, ASFM reserves the right to select another entrant to take part in the Competition.

10.4 ASFM 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), ASFM will use reasonable endeavours to offer an alteative prize at some other time and/or if applicable some other destination, which may be accepted instead by you. If such alteative prize is not accepted (or not made) you shall have no claim against ASFM in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.

10.5 ASFM 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.

10.6 A Competition or specific promotional devices, may be declared as void by ASFM 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 ASFM.

10.7 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.

10.8 ASFM 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.

11. Confidentiality

11.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to ASFM, its business, personnel, servants, agents or officers to anyone.

11.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of ASFM.

12. Publicity

12.1 Winners must as a condition of the Prize participate in all publicity required by ASFM and/or third parties connected with the Competition.

12.2 You acknowledge and agree that ASFM 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.

12.3 You shall not without the specific prior written consent of ASFM 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 ASFM.

12.4 You agree to undertake (as requested by ASFM) 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 ASFM in perpetuity.

12.5 Without limitation to any other rights under this Agreement, ASFM shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

12.6 ASFM reserve the right to use recordings of you from on air competition phone in's for on air promotion and marketing for any purpose it deems fit.

13. Intellectual Property

13.1 Unless otherwise stated, Competition entries will not be retued to you.

13.2 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 ASFM 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 ASFM deems it appropriate; and(b) agree, at ASFM’s request, to assign to ASFM 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 ASFM to effect the assignment under this clauseand you agree that the licence and, if applicable, any assignment shall include the right for ASFM 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, inteet, 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 ASFM may in its absolute discretion determine.

13.3 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 ASFM 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. ASFM 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.

13.4 By entering any Competition and submitting any material or Products you warrant to ASFM 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) ASFM 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 poographic; 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.

13.5 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.

13.6 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 ASFM may result in your disqualification from the Competition and forfeiture of any Prize.

13.7 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 ASFM for its own use (in its absolute discretion).

14. Exclusion of liability

14.1 ASFM 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 ASFM; (ii) death or personal injury arising out of ASFM’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.

14.2 ASFM 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.

14.3 ASFM 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 ASFM may endeavour to provide an alteative Prize, it shall not be liable to compensate you in such circumstances.

15. General

15.1 You will comply with the instructions and directions of ASFM or ASFM’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at ASFM’s direction.

15.2 You agree you will not by any act or omission do anything, which might bring ASFM 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 ASFM. 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.

15.3 Source material utilised by ASFM’s question compilers shall be taken as correct.

15.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.

15.5 ASFM 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, inteet 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.

15.6 No entries will be accepted from agents, in bulk or from third parties.

15.7 The decision of ASFM’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

15.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.

15.9 ASFM 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.

15.10 ASFM 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.

15.11 Any personal data submitted by you will be used solely in accordance with current UK data protection legislation and ASFM’s privacy policy .

15.12 You undertake the Competition and the taking of any Prize at your own risk.

15.13 You agree to indemnify ASFM 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 ASFM 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 ASFM’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.

15.14 There is no fee payable to you in respect of your involvement in the Competition.

15.15 In the case of on-line Competitions you acknowledge that the inteet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by ASFM may be accessed by third parties. ASFM accepts no liability for loss resulting from your entry to an online Competition.

15.16 These Terms shall be goveed 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.

15.17 No variation of these Terms is effective unless approved by an authorised representative of ASFM in writing.

15.18 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by ASFM) 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.

15.19 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.

15.20 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.

15.21 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. October 2008

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