Bay Trust Radio Competition Terms and Conditions
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 Bay Trust Radio (including but not limited to those Competitions operated by BAY TRUST RADIO on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by BAY TRUST RADIO 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 BAY TRUST RADIO negligence) that Bay Trust Radio shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air. The relevant third party will be responsible for the fulfilment of the Competition. Bay Trust Radio accepts no responsibility for the acts or omissions of such third parties.
1.3 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.
1.4 You have made certain representations and warranties to Bay Trust Radio (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Bay Trust Radio has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should BAY TRUST RADIO 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 BAY TRUST RADIO’s opinion, which shall be final) have an adverse effect on the Competition, BAY TRUST RADIO , 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).
1.5 You agree to co-operate with and comply with all reasonable requests of BAY TRUST RADIO 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 BAY TRUST RADIO, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. BAY TRUST RADIO 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 BAY TRUST RADIO’s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.3 Any entries made, in BAY TRUST RADIO’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.
2.4 Bay Trust Radio 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.
2.5 A person may not win more than one prize valued at £60 or greater 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.). Bay Trust Radio 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 16s only, you represent and warrant that you are at least 16 years of age on the closing date for entries to a Competition and, if requested by Bay Trust Radio, shall provide evidence of your age to Bay Trust Radio’s reasonable satisfaction.
2.8 Proof of eligibility to enter a Competition must be provided to BAY TRUST RADIO on request.
2.9 You must enter any Competition using your legal name. BAY TRUST RADIO 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. Competition entries via text message and telephone
3.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions Users should check with their service provider for details of compatibility. Bay Trust Radio 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.
3.2 Entries by text message must be sent to the applicable number as advertised on-air. Entrants should only submit one text message entry for each competition (unless otherwise stated for the specific Competition) and BAY TRUST RADIO reserves the right to discount multiple entries.
3.3 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as BAY TRUST RADIO cannot guarantee Competition entry for mis-spelt or incorrect text entries.
3.3 A text message to the Competition text 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. You should refer to this Site or on-air messages for the relevant Competition for details of the no purchase necessary route to entry.
3.8 In the event that a telephone call to a Competition entrant is disconnected for any reason before or during the competition, BAY TRUST RADIO 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 BAY TRUST RADIO in order to participate in a Competition, BAY TRUST RADIO reserves the right to select another entrant to participate in the Competition.
4. Claims to prizes
4.1 In order to enable BAY TRUST RADIO 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, BAY TRUST RADIO 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. BAY TRUST RADIO 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. BAY TRUST RADIO 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.
4.2 If BAY TRUST RADIO 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 BAY TRUST RADIO, 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 BAY TRUST RADIO 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 BAY TRUST RADIO forthwith upon notification by BAY TRUST RADIO.
4.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid.
4.3 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.
5.1 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.
5.2 BAY TRUST RADIO does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
5.3 In the event of unforeseen circumstances or circumstances outside BAY TRUST RADIO’s reasonable control, BAY TRUST RADIO reserves the right to offer an alternative prize of equal value. No cash will be offered.
5.3 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.
5.4 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. Disqualification of Entries and Cancellation of the Competition
6.1 You acknowledge that the interests and good reputation of BAY TRUST RADIO are paramount and BAY TRUST RADIO 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 BAY TRUST RADIO to do so.
6.2 BAY TRUST RADIO 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 Bay Trust Radio). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
6.3 In the event of disqualification, Bay Trust Radio reserves the right to select another entrant to take part in the Competition.
6.3 Bay Trust Radio 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), Bay Trust Radio 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 Bay Trust Radio in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
6.4 Bay Trust Radio 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.
6.5 A Competition or specific promotional devices, may be declared as void by Bay Trust Radio 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 Bay Trust Radio.
6.7 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.
6.8 Bay Trust Radio 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.
7.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Bay Trust Radio, its business, personnel, servants, agents or officers to anyone.
7.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of Bay Trust Radio.
8.1 Winners must as a condition of the Prize participate in all publicity required by Bay Trust Radio and/or third parties connected with the Competition.
8.2 You acknowledge and agree that Bay Trust Radio 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.
8.3 You shall not without the specific prior written consent of Bay Trust Radio 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 Bay Trust Radio.
8.3 You agree to undertake (as requested by Bay Trust Radio) 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 Bay Trust Radio in perpetuity.
8.4 Without limitation to any other rights under this Agreement, Bay Trust Radio shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
9. Intellectual Property
9.1 Unless otherwise stated, Competition entries will not be returned to you.
9.2 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 Bay Trust Radio 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 Bay Trust Radio deems it appropriate; and
(b) agree, at Bay Trust Radio’s request, to assign to Bay Trust Radio 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 Bay Trust Radio to effect the assignment under this clause
and you agree that the licence and, if applicable, any assignment shall include the right for Bay Trust Radio 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 Bay Trust Radio may in its absolute discretion determine.
9.3 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 Bay Trust Radio 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. Bay Trust Radio 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.
9.3 By entering any Competition and submitting any material or Products you warrant to Bay Trust Radio 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) Bay Trust Radio 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.
9.4 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.
9.5 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 Bay Trust Radio may result in your disqualification from the Competition and forfeiture of any Prize.
9.7 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 Bay Trust Radio for its own use (in its absolute discretion).
9. Exclusion of liability
9.1 Bay Trust Radio 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 Bay Trust Radio; (ii) death or personal injury arising out of Bay Trust Radio’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.
9.2 Bay Trust Radio 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.
9.3 Bay Trust Radio 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 Bay Trust Radio may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
10.1 You will comply with the instructions and directions of Bay Trust Radio or Bay Trust Radio’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Bay Trust Radio’s direction.
10.2 You agree you will not by any act or omission do anything, which might bring Bay Trust Radio 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 Bay Trust Radio. 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.
10.3 Source material utilised by Bay Trust Radio’s question compilers shall be taken as correct.
10.3 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
10.4 Bay Trust Radio 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.
10.5 No entries will be accepted from agents, in bulk or from third parties.
10.7 The decision of Bay Trust Radio’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
10.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
10.9 Bay Trust Radio 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.
10.6 Bay Trust Radio 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.
10.8 You undertake the Competition and the taking of any Prize at your own risk.
10.9 You agree to indemnify Bay Trust Radio 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 Bay Trust Radio 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 Bay Trust Radio’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
10.9 There is no fee payable to you in respect of your involvement in the Competition.
10.10 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 Bay Trust Radio may be accessed by third parties. Bay Trust Radio accepts no liability for loss resulting from your entry to an online Competition.
10.15 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.
10.17 No variation of these Terms is effective unless approved by an authorised representative of Bay Trust Radio in writing.
10.15 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Bay Trust Radio) 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.
10.19 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.
10.20 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.
10.21 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