Competition Terms and Conditions

Here's all the general rules and information you need to know about our competitions.

Competition Terms and Conditions

1.     Definitions and introduction

1.1     In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):

1.2     These Terms shall be binding on you when you enter, participate in or win any Competition or accept any Prize.  Entry or participation in any Competition, or winning or accepting any Prize, shall be deemed an unconditional acceptance by you of these Terms.  
1.3    In the event that there is any conflict between these Terms and Conditions and any specific terms and conditions relating to a particular Competition then the specific terms and conditions will prevail.
1.4     You agree to co-operate with and comply with all reasonable requests of Global and its agents and employees (and in particular the health and safety team) in connection with any Competition and its broadcast.
1.5    Global reserves the right, in its reasonable discretion, to add to, amend, vary or waive any Terms on reasonable notice.

2.     Eligibility to enter a Competition
2.1     In order to make a valid entry into a Competition you must:
2.1.1    be a resident of the United Kingdom or Isle of Man;  
2.1.2    use your legal name; and, unless otherwise stated
2.1.3    enter as an individual only, not as part of a syndicate, group or agency;
2.1.4    be 18 or over on the closing date of any Competition that is only open to Entrants that are 18 or over; and
2.1.5    make only one entry per person.
2.2    Unless otherwise stated, you may not enter a Competition if:
2.2.1    you are an employee, freelancer or contractor of Global or any family member of an employee, freelancer or contractor of Global;
2.2.2    you are a member of the press, an agency or any person directly or indirectly connected with the Competition;  
2.2.3    you are a member of a syndicate or group entering as a member of such syndicate or group;
2.2.4    you, or any member of your family residing at the same address as you (including, but not limited to, aunts, uncles, cousins and grandparents), have won a Prize valued at £500 or greater within a period of six months prior to the closing date of the Competition.
Any entries made in contravention of this clause 2.2 will not be valid.
2.3    Candidates in any General, Mayoral or any other national or local Election will be ineligible, during the period of such Election, to enter any Competition until after the conclusion of such Election.
2.4     Proof of eligibility to enter a Competition must be provided to Global on request.  Global reserves the right to verify the eligibility of all Entrants.
2.5    Breach of any of the regulations contained in this Clause 2 may result in your disqualification from a Competition or withdrawal of any Prize.

3.        Competition entries via text message and telephone
3.1     The following provisions relate to entry into Competitions using short or medium message service (SMS and MMS respectively) known commonly as a text message (“Text Message” or “Texting”):
3.1.1    We accept no liability if, for any reason, your mobile phone network is not compatible with our text message entry mechanism. Entrants should check with their service provider for details of compatibility;  
3.1.2    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;  
3.1.3    Unless otherwise stated for the specific Competition, Entrants may only submit one Text Message entry for each Competition;
3.1.4    Entrants must take care to follow the exact on-air instructions regarding the Texting of Competition answers.  Global cannot guarantee Competition entry for mis-spelt or incorrect text entries;
3.1.5    Text Messaging charges incurred by you as a result of entry to any Competition will be paid by you via your mobile phone service provider.
3.2    The following provisions relate to entry into Competitions using either Text Message or telephone:
3.2.1   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 and phone service providers may vary. Participation in some of our features may be charged at premium rate; where this is the case, you should refer to the on-air messages for the relevant Competition details. Global Radio is registered with PhonepayPlus: registration number ORG832-96388-41101
3.2.2    Any Entrant using a telephone which is not paid for by that Entrant should ask for the permission of the person who pays the bill before sending a Text Message or telephoning the Competition line.
3.2.3    No purchase of any kind is necessary for free prize draws.
3.2.4    Global reserves the right to disclose your personal data to PhonepayPlus or Ofcom at the reasonable request of PhonepayPlus or Ofcom.
3.3    In the event that (i) a telephone call to or from a Competition Entrant is disconnected for any reason before or during the Competition or (ii) an Entrant does not answer his or her telephone when contacted by a representative of Global in order to participate in a Competition, Global reserves the right to select another Entrant to participate in the Competition.

4.      Online Voting
4.1 For Competitions involving online voting, you may be asked to register a valid email address to be entitled to vote, in which case, unless otherwise specified, only one vote for each valid email address will be accepted and Global reserves the right to disqualify any Entrant making, or attempting to make, multiple votes.

5.     Prizes
5.1     Competition winners will be notified within 28 days of the end date of the relevant Competition and Prizes must be claimed within 28 days of such notification.  Any claim to a Prize made outside the time or manner specified for the relevant Competition will be invalid.
5.2    In order to enable Global to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Global reserves the right to:
5.2.1    request evidence of Competition entry;  
5.2.2    request proof of identity, age and address in the form of your passport or driving licence, and further proof of your address in the form of a utility bill;
5.2.3    carry out an interview with you.  Interviews may be by telephone or in person and may be recorded;
5.2.4    request that you provide an in-studio recording to compare to your on-air win as proof of your vocal identity.
Any failure to comply with the requirements of this clause 5.2 may result in your disqualification from the Competition or the withdrawal of any Prize.
5.3    All Prizes are non-transferable and may not be given, assigned or sold to another person.
5.4    Prizes cannot be exchanged for cash or other alternatives except by Global in accordance with clause 12.1 and 14.
5.5    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.
5.6    Unless otherwise specified, an Entrant may not win more than one Prize per Competition and Global reserves the right to withhold or reclaim any second or subsequent Prize.

6.     Holiday Prizes
6.1     Holiday Prizes must be taken in accordance with the dates, destinations and number of passengers specified by Global. There will be no cash alternative or alternative destination except as offered by Global in accordance with clauses 12.1 and 14.
6.2    Holidays are non-transferable and are subject to availability.
6.3    Competition entries will be invalid if you do not hold a valid passport with at least 6 months’ further duration or if you have visa restrictions on your ability to travel to the relevant destination.
6.4     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 aged 18 or over.
6.5     All holidays must be taken within 6 months of the date of the Competition (unless otherwise agreed in writing by Global or otherwise stated in the specific terms and conditions for the Competition).  Any claim to a Prize made outside the time or manner specified for the relevant Competition will be invalid.
6.6     You must comply with the terms and limitations of any travel insurance policy offered as part of the holiday Prize.  Where no insurance is offered, you are responsible for obtaining adequate travel insurance.  Please refer to the specific terms of your holiday prize.
6.7     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 Global 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.
6.8     You are not entitled nor authorised in any way to commit Global to any contract, expense or cost without Global’s prior written consent.
6.9     Passport control and in-country authorities 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.
6.10     Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Global 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 the airport, meals and drinks).
6.11     You must comply with and are responsible for attending to and paying for any inoculation and health regulations or visa requirements required for your destination.

7.     Ticket give-aways
7.1   In the case of prizes in the form of tickets, you will be bound by and comply with the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.  

8.     Health and Safety
 8.1    By entering or participating in a Competition and/or Prize, you warrant that:
8.1.1    your general state of health is good;
8.1.2     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 and/or Prize;
8.1.3    you are not at present taking, and will not during the Competition and/or Prize take, any medication that will affect your entry or participation in a Competition and/or Prize;
8.1.4    you will notify Global of any medical or other condition which may mean that you are unfit for travel or participation in the Competition and/or Prize as soon as you become aware of such a condition;
8.1.5     you will take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition and/or Prize and you will comply with all and any safety standards notified to you by Global or its representatives;
8.1.6    you undertake the Competition, all activities and  the taking of any Prize at your own risk;
8.1.7     you will not carry on your person (or in your possession or under your control) or purchase or consume during your participation in the Competition and/or Prize any illegal substance;
8.1.8    you will only consume alcohol with the express prior written consent of Global and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
8.2    Global reserves the right to disqualify you from the Competition and/or Prize (without liability or compensation) if you (in Global’s opinion, which shall be final):
8.2.1    conduct yourself in a way which exposes you or others to any medical, security or safety risk whatever (including, without limitation, any abusive behaviour whether physical or psychological);
8.2.2     expose yourself or others to risk of cancellation, disruption, or curtailment of the Competition and/or Prize.
8.2.3     you fail to comply with any directions of Global or Global’s representatives in respect of health and safety.

9.     Confidentiality and Publicity
9.1     You undertake not at any time to disclose, reveal, communicate or otherwise communicate to anyone any information which you know or reasonably ought to know is confidential and relates to Global, its business, personnel, servants, agents or officers.
9.2     Subject to the following provisions of this Clause 9, you may not without the prior written consent of Global:
9.2.1    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);
9.2.2    publicise your involvement in the Competition or the fact that you have won a Prize;
9.2.3    give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party.
9.3     You undertake, as a condition of any Prize, that you shall:
9.3.1    participate in all publicity required by Global and/or third parties connected with the Competition;
9.3.2    participate in all interviews and other activities reasonably requested by Global and that Global shall be entitled to reproduce, publish, exhibit, transmit and broadcast the same by all means and media throughout the world at the discretion of Global in perpetuity.
9.4     You acknowledge and agree that Global may:
9.3.1    publish winners’ names on any and all media and make these available on request to third parties;
9.3.2    refer to your association with the Competition and/or the Prize in all publicity, marketing and Competition material in connection therewith.
9.5    All rights in relation to the Competition and your involvement therein shall vest exclusively with Global.
9.6     Winners’ names are available on request by sending an SAE to the address published on this website and/or stated on air up to 1 month after the closing date for the relevant Competition.

10.     Intellectual Property
10.1      In respect of copyright and other intellectual property rights (“IPR”) in any Competition, your entry into and your participation in the Competition (including, without limitation, all products submitted or created for the Competition and all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (whether in existence at the date of the Competition or subsequently developed or created) (the “Products”), you:
10.1.1     hereby grant to Global a non-exclusive, royalty-free perpetual worldwide licence to use any IPR/Products in any and all media to the extent Global deems it appropriate and you agree to waive any moral rights you may have in the Products; and
10.1.2    agree, at Global’s request, to assign to Global the entire IPR/Products (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 Global to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right but not the obligation for Global to:
(i) alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material; and
(ii) use, distribute and/or broadcast such Products in all media and all formats (including, without limitation, transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony); and
(iii) screen, filter and/or monitor information provided by you and to  refuse to distribute or remove such information; and
(iv) sub-license such rights to any other persons, in each case for such purposes as Global may in its absolute discretion determine.
10.2     By entering or participating in any Competition and submitting any information, material or Products you warrant to Global that such information, material or Products:
10.2.1    are personal and related specifically to you;
10.2.2    will not infringe the intellectual property, privacy or any other rights of any third party;
10.2.3    will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening;
10.2.4    do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
10.2.3    are owned by you and that you have the right, power and authority to grant the rights set out in these Terms;
10.2.4    are not obscene or pornographic;
10.2.5    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;
10.2.6    are free from any encumbrances such that Global may use the Products in accordance with and in the manner set out in these Terms.
10.3     For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Global for its own use (in its absolute discretion).
10.4     Unless otherwise stated, Competition entries will not be returned to you.
10.5    Any personal data submitted by you will be used solely in accordance with current UK data protection legislation and Global’s privacy policy .
10.6     There is no fee payable to you in respect of your involvement in the Competition.

11.          Disqualification of Entries  
11.1     You acknowledge that the interests and good reputation of Global and its radio stations are paramount and Global may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes (in its absolute discretion) it is in the best interests of Global (or its radio stations) to do so.
11.2     Global reserves the right to immediately withdraw your entry to or participation in the Competition, withdraw the Prize or disqualify you (without liability or compensation) if (in its opinion, which shall be final):
11.2.1    you are in breach of any of your obligations, representations and/or warranties under the Terms;
11.2.2    you conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of Global). You shall be responsible for any additional costs in this respect (including the costs of your early return home from a holiday or experience Prize, if necessary).
11.2.3    you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition;
11.2.4    your conduct is contrary to the spirit of these Terms or the intention of the Competition.
11.3    You have made certain representations and warranties to Global (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Global has relied on the accuracy and truth of such representations and warranties in granting a place to you.  In the event that Global or its agents become aware of any fraud, dishonesty, deceit, misconduct or similar action undertaken during or in connection with the Competition or otherwise, or any act or omission which might (in Global’s opinion, which shall be final) have an adverse effect on the Competition or Global (or any of its radio stations), Global reserves the right in its absolute discretion (without notice to you and without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw any Prize(s).
11.4    If any 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 Global forthwith upon notification by Global.
11.5    For the avoidance of doubt (and without limitation), if you provide an incorrect or false name, age, address or other incorrect information in relation to the entry, then Global reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made a claim).
11.6    Multiple entries, including via any form of automated voting, machine assisted intervention or as part of a syndicate, will be void and the entrant(s) disqualified. Global 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.
11.7    Failure to comply with the instructions and directions of Global or Global’s representatives may lead to immediate disqualification from the Competition or withdrawal of the Prize, at Global’s discretion.
11.8    Late entries (i.e. entries received after the relevant advertised closing date or time for the Competition) will not be accepted.
11.9     Incomplete or indecipherable entries will be void.  Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
11.10    In the event of your disqualification from the  Competition, Global reserves the right to select another entrant to take part in the Competition.

12.    Cancellation of the Competition
12.1    Global shall be entitled, in its reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect by on-air or online announcement (in the case of on-air and online Competitions respectively) without any liability in respect thereof. In the event that a Competition is cancelled after a valid claim has been made, Global will use reasonable endeavours to offer an alternative Prize.  If such alternative Prize is offered but not accepted by you, you shall have no claim against Global in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
12.2     A Competition may be declared as void by Global if:
12.2.1    any promotional device contains a printing error or involves a production or distribution error of any kind;
12.2.1    any promotional device is found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way;
12.2.3    a printing or production error in connection with the Competition appears on this website or an error occurs in an on-air message;
12.2.4    there are any errors relating to the description of the Competition on-air or online;
12.2.5    there have been any 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.

13.     Exclusion of liability/indemnity
13.1     Global excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment 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) provided that nothing in these Terms excludes any liability for:
13.1.1    death or personal injury arising out of Global’s negligence or the negligence of its employees;
13.1.2    fraud or fraudulent misrepresentation by Global or its employees; or
13.1.3    any other liability that cannot be excluded or limited by law.
13.2     Global excludes all liability whatever for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
13.3     Subject to the provisions of Clause 13.1, Global shall have no liability whatsoever:
13.3.1    in respect of Competitions operated by third parties and featured on air or on our websites.  The relevant third party will be responsible for the fulfilment of the Competition.  Global accepts no responsibility for the acts or omissions of such third parties;
13.3.2    in the event of postal, telephone, text message or online entries delayed or not received by Global as a result of network incompatibility, technical faults or for any other reason;
13.3.3    for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you;
13.3.4    for any mistakes in the source material utilised by Global’s question compilers;
13.4     The decision of Global’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
13.5    You agree to indemnify Global 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 Global 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 Global’s reasonable instructions with regard to your entry into the Competition or taking of any Prize.
13.6    In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Global may be accessed by third parties. Global accepts no liability for loss resulting from your entry to an online Competition.

14.    Force Majeure
14.1     Global 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 unforeseen circumstances or circumstances beyond its reasonable control and whilst Global may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, it shall not be liable to compensate you in such circumstances and no cash will be offered.

15.     General
15.1     You agree you will not by any act or omission do anything, which might bring Global or its radio stations into disrepute or affect the reputation of the Competition or Global.
15.2     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.
15.3     The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Global) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing).  No variation of these Terms is effective unless approved by an authorised representative of Global in writing.
15.4    Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded.
15.5    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.
15.6     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.
15.7     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.

August 2012