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Media Network Terms and Conditions
USE OF WEBSITE
This website (“Site”) is owned and operated by UK
Media Network Ltd (“UKMN”, “we”, “us”
or “our”), a UK company registered under company number
8460498, whose registered office is situated at 2, Milton cottages,
Dorchester Hill, Winterborne Whitechurch, Dorset DT11 0HW.
referred to herein) set out the terms on which you may use our
Site together with the radio player which is accessible via our
Site (the “Radio Player”). Please read these Terms
carefully before you start to use our Site or Radio Player. By
using or accessing our Site or Radio Player (whether you access
the Site or Radio Player on your computer or on a handheld mobile
device), you agree to be legally bound by these Terms. If you
do not agree to be bound by these Terms, please do not use our
Site or Radio Player. Additional terms may apply to particular
services offered by us (“Additional Terms”). These
Additional Terms will be set out at the point of access to the
relevant service but also form part of these Terms to the extent
that they are applicable. If there is any inconsistency between
the Additional Terms for a particular service and these Terms,
the Additional Terms will take precedence to the extent that there
is any inconsistency.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our Site and Radio Player
(including without limitation, software, graphics, text, data,
images, designs, compilations, databases, targeting information,
interactive features, advertisements, and the trademarks, logos,
domain names, trade names, service marks, trade identities, any
and all copyright material (including source and object code),
and all other materials related to our site) (the “Content”)
is protected by applicable copyrights, trademark rights, database
rights and other proprietary rights. UK Media Network Ltd (and/or
our licensors) own the Content. Nothing in these Terms grants
you a right or licence to use the Content except as expressly
Subject to strict compliance with these Terms, we grant you a
limited, personal, non-exclusive, non-commercial, revocable, non-assignable
and non-transferrable licence to use our Site and/or our Radio
Player and to view, download for caching purposes only and print
pages from our Site for your own personal or domestic use.
3. RULES OF ACCEPTABLE USE
Use of our Site and/or Radio Player that is inconsistent with
these stated purposes is strictly prohibited. Your use of our
Site and/or Radio Player is subject to the following rules which,
by your use our Site and Radio Player, you are deemed to accept
(and which amount to a non-exhaustive list of prohibited acts):
You must not:
• use our Site and/or Radio Player for any illegal or unlawful
• use our Site and/or Radio Player for any purpose other
than your own private or domestic purpose;
• alter, adapt, modify, copy or create a derivative work
from our Content.
4. RULES FOR USE OF OUR RADIO PLAYER – NOT TO BE ACCESSED
OUTSIDE OF THE UK
We reserve the right to edit or remove without notice any Content
on our Site and/or Radio Player, for any reason whatsoever.
Our Radio Player is strictly available for your non-commercial
use only. For licensing reasons, it should only be accessed and
used from your personal computer (or if you are accessing it from
a handheld portable device) you should only use the functionality
that enables you to pause and replay our radio simulcasts in your
Competitions and other promotions are subject to Additional Terms.
Please view the general terms and conditions which apply to all
of our competitions and which specifically form part of these
Terms (“Competition Terms”). The Competition Terms
may be varied or supplemented by Additional Terms specific to
each particular competition or promotion. Any Additional Terms
will be brought to your attention when appropriate and prior to
you submitting your entry.
6. YOUR PERSONAL DATA
When with some services offered on our Site it may be necessary
for you to provide some personal information to us. We will keep
your personal information secure and will use it only in accordance
be held in accordance with applicable data protection laws.
7. LINKING TO OUR WEBSITE
We welcome 'hot links' and deep-links to our Site and/or Radio
Player, by which we mean that you may include a link to any page
of our Site or Radio Player on other websites, provided that you
do not use such link in any way which would imply partnership,
affiliation, endorsement or sponsorship of any service or product
or which may bring us or the other brands in our group into disrepute.
You may not display the Content or allow it to be displayed surrounded
or framed or otherwise surrounded by material not originating
from us without our consent.
8. FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines
from other websites on your own site using RSS. We encourage the
use of feeds as part of your website, provided that the proper
format and attribution is used when any of our Content appears.
You may not use any UK Media Network Ltd logo or other trademark
alongside the RSS feed.
We reserve the right to prevent the distribution of content using
RSS. We do not accept any liability arising from your use of the
feeds or from any inaccuracy or omission in the content or interruption
9. THIRD PARTY LINKS
Our site may contain hyperlinks to websites and resources owned
and operated by third parties. These third party websites and
you will need to comply with. We have no control over third party
websites or resources and we are not responsible for the availability
of such websites and resources. We do not accept any responsibility
or liability for any third party websites and resources and your
access and use of such services and content is at your own risk.
Third party links do not imply that UK Media Network Ltd endorses,
is affiliated or associated with any linked website, or is legally
authorised to use any intellectual property accessible through
such links; third party links are provided to you for convenience
We have the right (but not the obligation) at our sole discretion
to remove any Content on our Site and/or Radio Player without
the need to give any reasons for doing so.
Notwithstanding the foregoing, you can report any abuse or complain
about any Content on our Site and/or Radio Player by sending an
email to email@example.com outlining your complaint.
11. NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner)
and believe that any User Content infringes your copyright; you
must provide us with a written notice by email to firstname.lastname@example.org
(i) that you are the rights owner or are authorised to act on
the rights owner's behalf;
(ii) that you have identified Content on our Site and/or Radio
Player which infringes your copyright (or infringes the copyright
of a third party on whose behalf you are entitled to act, if applicable)
and you believe in good faith that use of the Content in the manner
complained of is not authorised by you, the rights owner's agent
or by law;
(iii) a description of the copyright work that you claim has been
infringed which should include, the type of work (such as a photograph
or a video clip) and any relevant further details;
(iv) a description of the way in which the copyright material
has been infringed;
(v) information reasonably sufficient to permit us to locate the
Content in question on our Site or Radio Player (including a URL
specifying the date our Site and/or Radio Player was accessed
and/or a screen shot);
(vi) information that will enable us to contact you, such as your
name, a postal address, telephone number and, if available, an
email address (these contact details may also be provided to the
alleged infringer so that they may contact you directly, in order
to attempt to resolve the complaint amicably);
(vii) your electronic or physical signature (which may be a scanned
(viii) that the information in the notification is true and accurate.
We recommend that you take legal advice before sending a copyright
infringement notice, if you are unsure about your rights in the
Content, or whether there has been an infringement of your rights.
12. ADVERTISING AND SPONSORSHIP
Our Site and Radio Player may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on our Site and/or Radio Player complies
with applicable law and regulation. UK Media Network Ltd does
not assume responsibility for any error or inaccuracy in any advertising
or sponsorship material.
13. TERMINATION AND SUSPENSION
We reserve the right to modify, suspend or discontinue any service
offered by us or any part of it (including the availability of
any features of or pages on our Site or Radio Player) at any time
and without notice or liability to you. We are also entitled to
suspend or terminate your membership or access to any part of
our Site or Radio Player at any time if you breach these Terms.
Notwithstanding the above, we will try to warn users that their
access to our Site and/or Radio Player and/or their membership
may be suspended or terminated.
You use our Site and/or Radio Player and the services offered
by us at you own risk. Our Site and/or Radio Player, the Content,
and other services offered by us are provided “as is”
and on an “as available” basis. The Content and information
displayed on our Site and/or Radio Player is provided without
any warranties as to its completeness or accuracy.
We do not guarantee that our Site and/or Radio Player, the Content
or any services offered by us will always be available or be uninterrupted,
timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, UK Media Network Ltd (including
its officers, employees and agents) expressly excludes conditions,
representations, warranties and other terms which might otherwise
be implied by statute, common law or the law of equity; and any
liability incurred by any user of our Site and/or Radio Player,
including, without limitation, any liability for:
(i) loss of revenue, income, profits, contracts, business, goodwill,
anticipated savings, reputation, data or information;
(ii) wasted management or office time; and
(iii) any other loss or damage of any kind, however arising and
whether caused by tort (including, but not limited to, negligence),
breach of contract or otherwise, even if foreseeable whether arising
directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a)
death or personal injury caused by our negligence; (b) the tort
of deceit; or (c) any other liability which cannot be excluded
or limited under applicable law.
You agree to indemnify us and keep us fully and effectively indemnified
from and against all claims, damages, expenses, costs and liabilities
(including legal fees) relating to or arising from your use of
our Site and/or Radio Player, the Content or any services offered
by us, or arising from any breach of these Terms by you or your
violation of any law or third party rights.
We reserve the right to vary these Terms at our sole discretion.
Such variations become effective immediately upon the posting
of the varied Terms on our Site. By continuing to use our Site
and/or Radio Player you will be deemed to accept such variations.
Please check our Site regularly to ensure you are familiar with
do not accept any of the modifications, revisions or amendments
to these Terms, you should stop using our Site and our Radio Player
and the services offered by us immediately.
If any term of these Terms is held to be unlawful and/or unenforceable,
it shall be severed and deleted from these Terms and the remainder
of these Terms shall remain valid and enforceable.
18. EXCLUSION OF THIRD PARTY RIGHTS
These Terms are not intended to benefit or be enforceable by any
third party and the Contracts (Rights of Third Parties) Act 1999
shall not apply to them.
19. ENTIRE AGREEMENT
and any Additional Terms, constitute the entire agreement between
you and us in relation to your use of our Site and/or Radio Player
and supersede all previous agreements in respect of such use.
20. LAW AND JURISDICTION
These Terms are governed by English law, and any disputes will
be subject to the exclusive jurisdiction of the English courts.
These Terms were last
updated in July 2013.
MEDIA NETWORK LTD
COMPETITION GENERAL TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS
1.1 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 UK Media Network Ltd. We refer to
all these competitions as the "Competitions” in these
1.2 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 ".
1.3 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
1.4 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.
1.5 By entering any Competition you agree that you will be legally
bound by these General Terms and also any applicable Specific
2. IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1 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 UK
Media Network Ltd ("the Promoter").
2.2 UK Media Network Ltd 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:
(a) 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;
(b) if you are not satisfied with the response from your local
radio station, please write to UK Media Network Ltd
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 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.
3.2 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.
3.3 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.
3.4 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.
3.5 Employees of the Promoter and their immediate families and
friends may not enter any Competition: neither may the employees
of any third party sponsors, prize providers or their immediate
families and friends.
4. ENTRY AND ENTRY METHODS
4.1 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.
4.2 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.
For enquiries relating to SMS telephony competitions please email
production@UK Media Network Ltdmedia.co.uk, please include the
name of the station you have texted, in your subject field or
contact us and ask to speak our promotions department (Mon-Fri
9am-5:30pm, except Bank Holidays) quoting the competition name.
Personal data will only otherwise be used in accordance with our
link on our websites or at: http://www.UK Media Network Ltdmedia.co.uk/privacy.
Competition entrants (entering the competition via e-mail or SMS)
may opt out of receiving any marketing communications from the
UK Media Network Ltd Media Group by adding the word NOINFO after
the keyword, at the end of your text message, as specified in
the competition or at the end of your e-mail.
3 for 2 SPECIAL OFFERS. For competitions marked and promoted as
a “3 for 2 Entry Offer”, which direct the entrants
to this clause [insert number of the clause], the following provisions
will apply: An SMS entrant who enters a competition via premium
rate SMS will receive an SMS reply message acknowledging their
entry, and which invites them to enter the competition (via premium
rate SMS) for a second time, using the same mobile telephone number
and advising that if they do, they will also receive an additional
(i.e. a third) entry to the competition free of charge. Entrants
who decide to accept this offer and send a second premium rate
SMS (using the telephone number used for the original message)
must send their second SMS, with their answer, to the premium
rate SMS short code provided, by the competition closing date
and time. These entrants will then be entered into the relevant
competition three (3) times but be charged for two entries only.
3 for 2 offers will not affect entrants’ ability to submit
an entry online, provided the competition offers that element.
If the competition requires entrants to answer a question correctly,
only correct entries will have a chance of winning the prize and
the 2nd entry (and the 3rd free entry) must give the same answer
as the 1st entry (ie entrants cannot change their answer).
4.3 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: http://www.phonepayplus.org.uk/output/default.aspx
4.4 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, and
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.
4.5 On-Air Competitions: 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
4.6 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.
4.7 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.
4.8 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
4.9 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.
4.10 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.
5.1 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
5.2 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:
(a) on air at the time of winning (in the case of on-air Competitions);
(b) by telephone;
(c) in writing.
5.3 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
5.4 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.
5.5 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
5.6 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.
5.7 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.
5.8 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.
5.9 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.
5.10 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.
5.11 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, UK Media
Network Ltd shall have no liability in relation to any prize provided
by a third party provider.
6. HOLIDAY PRIZES
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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
6.8 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.
6.9 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.
6.10 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
7. EVENTS PRIZES
7.1 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.
7.2 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:
(a) 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
(b) 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.
7.3 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
8. UNCLAIMED PRIZES
8.1 All prizes must be claimed within twenty-one (21) days of
our notification of winning unless otherwise stated.
8.2 We reserve the right to award prizes unclaimed after this
period to alternative prize winners or not to award them at all.
8.3 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
9. PUBLICITY AND PERSONAL INFORMATION
9.1 The personal information supplied by entrants when entering
our Competitions will be used by us in accordance with the privacy
policy applicable to our website and/or radio station in which
the Competition appears, as the case may be. You should always
Competition is an agreement to be bound by the applicable privacy
policy. All entrants may have their details removed from our database
by contacting us. If details are removed prior to the conclusion
of the Competition and/or award of prize(s), entrants will however
forfeit their right to claim any prizes.
9.2 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.
9.3 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.
9.4 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.
9.5 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
9.6 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.
9.7 No fees shall be payable to any entrant in relation to their
entry in any Competition.
10. PHOTOGRAPHS AND VIDEOS
10.1 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 "):
(a) 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;
(b) 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;
(c) entrants acknowledge that we may edit the Photographs in our
(d) entrants agree that we have the right to use entrants' names,
likenesses and other personal information in conjunction with
(e) 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;
(f) entrants unconditionally waive their right to seek or obtain
an injunction to prevent or restrict our use of the Photographs;
(g) 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).
11.1 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.
11.2 If we become aware that the same person has been selected
as a prize winner more than once, we will draw another name.
12.1 By entering our Competitions all entrants:
(a) 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;
(b) 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;
(c) 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;
(d) 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.
12.2 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.
13.1 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.
13.2 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.
13.3 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
14.1 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
17.1 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.
17.2 Tiebreakers, disputes, conflicts, questions or concerns will
be managed by us and, if required by law, by an independent adjudicator.
17.3 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
19.1 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.
19.2 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.
19.3 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.
AGREEMENT & WAIVER
BETWEEN THE PARTIES:
Media Network Ltd, (UK company Number 8460498) whose registered
office is situated at 2, Milton cottages, Dorchester Hill, Winterborne
Whitechurch, Dorset DT11 0HW
The Contributor is any person asked to participate in the recording
UK Media Network Ltd is engaged in the business of recording material
online delivery and Download.
UK Media Network Ltd has agreed to record and broadcast the recording
in and for its programming.
The Contributor has agreed to be featured in the Recording on
the terms and
Conditions set out below.
IT IS NOW AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATIONS
In this Agreement the following terms shall have the following
1.1 ‘Agreement’ means the agreement between the Contributor
and UK Media Network Ltd.
1.2 ‘Broadcast’ means the transmission of the recordings
featuring the Contributor in any format, digital or otherwise
via any media or device in the Territory.
1.3 ‘Commencement Date’ means the Agreement is valid
from the date shown on the Contributors Agreement Short Form.
1.4 ‘Download’ means any format in which the Edited
Recordings will be available for access and use via any media
or device in the Territory.
1.5 ‘Edited Recordings’ means the editing of the recordings
featuring the Contributor in any format, digital or otherwise
via any media or device containing the Contributor’s name,
voice, image, literary work and/or artistic expression.
1.6 ‘Intellectual Property Rights’ means all vested
contingent and future intellectual property rights including,
but not limited to, trade marks, database rights, copyright or
related rights and all renewals and extensions thereof existing
in any part of the world whether now known or in the future created.
1.8 ‘Live Recordings’ means the live Broadcast of
the permanently captured audio or digital file containing the
live streaming and/or recording featuring the Contributor and
containing the Contributor’s name, voice, any literary work
and/or artistic expression.
‘Recordings’ means the combined Live Recordings, Edited
Recordings and/or any archives thereof.
‘Service’ means making, editing, marketing, distributing,
Broadcast, Download and/or exploitation of the Recordings by UK
Media Network Ltd.
‘Territory’ means worldwide.
‘Website’ means any website owned or operated by UK
Media Network Ltd or any of its subsidiaries or any website deemed
suitable for distribution.
Words importing one gender include all other genders and words
importing the singular include the plural and vice versa and words
importing persons include a corporate body and a partnership and
‘Organisation’ means any authoritative body to which
the Contributor may be connected in relation to the material provided
by the Contributor and recorded by UK Media Network Ltd. Including
but not limited to it’s standing as employer, governing
body or authority, membership organisation or commercial enterprise.
2.1 The Contributor grants to UK Media Network Ltd the exclusive
right to perform the Service from the Commencement Date in perpetuity
in the Territory.
The Contributor grants to UK Media Network Ltd the Contributor’s
consent to use any personal data of the Contributor arising out
of or in connection with the Recordings in the Territory.
RIGHTS IN RECORDINGS
3.1 In consideration of the rights granted by the Contributor
to UK Media Network Ltd, the Contributor warrants, confirms and
agrees that UK Media Network Ltd will have the right to exploit
the Recordings in perpetuity in the Territory.
INTELLECTUAL PROPERTY RIGHTS
4.1 The Contributor acknowledges that all Intellectual Property
Rights arising out of or in connection with the performance of
the Service by the Contributor shall be the exclusive property
of UK Media Network Ltd and that no part of this Agreement is
intended to transfer any copyright or any other rights of a similar
nature vesting in UK Media Network Ltd to the Contributor, save
in respect of Intellectual Property Rights owned by the Contributor.
All Intellectual Property Rights owned by the Contributor in connection
with the Recordings remain vested in the Contributor.
For the avoidance of doubt, nothing in this clause shall confer
upon UK Media Network Ltd any right or interest in any Intellectual
Property Rights which belong to the Organisation and/or the Contributor.
UK MEDIA NETWORK LTD OBLIGATIONS
5.1 The Contributor acknowledges that UK Media Network Ltd shall
not be obliged to use, keep, or exploit the Recordings, nor shall
UK Media Network Ltd be obliged to provide a credit or acknowledgment
to the Contributor.
UK Media Network Ltd will not use the Recordings or permit others
to do so in any way which is derogatory of or is likely to impugn
the reputation of the Contributor, pursuant to section 80 of the
Copyright, Designs and Patents Act 1988.
In the event that UK Media Network Ltd is requested by the Organisation
and/or Contributor to remove the Downloads from the Website, UK
Media Network Ltd will remove the Downloads from the publicly
accessible part of the Website, and shall return the material
to the Organisation or Contributor if requested to do so.
6.1 The Contributor confirms that the Contributor has full authority
to enter into this Agreement and is not bound by any previous
agreement which may adversely affect this Agreement.
The Contributor agrees warrants and undertakes that all material
and content of the Recordings provided by the Contributor are
the Contributor’s own work and/or if the content is attributed
to a third party’s work that the Contributor has obtained
consent to use such work.
The Contributor agrees to indemnify and keep fully indemnified
UK Media Network Ltd against any and all loss or damage of any
kind suffered as a result of any claim or action brought by a
third party against UK Media Network Ltd for infringement of Intellectual
Property Rights and/or the Contributor’s breach or non-observance
of any obligations under this Agreement.
CONFIDENTIALITY AND DATA PROTECTION
7.1 UK Media Network Ltd and the Contributor shall not disclose
to any third party any confidential business or future plans of
either UK Media Network Ltd or the Contributor at any time acquired
during the existence of this Agreement.
Any personal data collected by UK Media Network Ltd in relation
to the Contributor will be used in accordance with the Data Protection
Act 1998 and other applicable laws. The data collected will be
used only in connection with the Recordings.
LIMITATION OF LIABILITY
8.1 UK Media Network Ltd will not be liable to the Contributor
under this Agreement (as a result of the use of the Recordings)
for any loss of actual or anticipated income or profits, loss
of contracts or for any special, indirect or consequential loss
or damage of any kind howsoever arising and whether caused by
tort (including negligence), breach of contract or otherwise,
whether or not such loss or damage is foreseeable, foreseen or
In the event of any liability, UK Media Network Ltd’s maximum
aggregate liability under or in connection with this Agreement,
whether in contract, tort (including negligence) or otherwise,
will in no circumstances exceed £100.00.
9.1 This Agreement may be terminated by one party giving written
notice to the other party that has breached this Agreement or
has defaulted in the following circumstances where:
Either UK Media Network Ltd or the Contributor has committed a
serious breach of their obligations under this Agreement unless
such Party remedies the position, as far as reasonably possible,
within 10 days of receiving notice to remedy the breach;
UK Media Network Ltd goes into voluntary or involuntary liquidation;
Either UK Media Network Ltd or the Contributor is declared insolvent
or bankrupt either in bankruptcy proceedings or other legal proceedings.
Notwithstanding this clause 9.2, clauses 2, 3, 4.1, 7 and 8 shall
survive the termination of this Agreement.
THIRD PARTY RIGHTS
10.1 Any person who is not a party to this Agreement may not enforce
its terms under the Contracts (Rights of Third Parties) Act 1999.
11.1 This Agreement constitutes the entire agreement and understanding
between the Parties and supersedes and replaces all previous agreements,
arrangements and understandings (if any) between the Parties but
shall not prejudice any rights which may have already accrued
under any such agreement to either Party. Nothing in this Agreement
shall exclude or limit liability for any fraudulent misrepresentation.
NO PARTNERSHIP OR AGREEMENT
12.1 This Agreement shall not be deemed to create any partnership
or employment relationship between the Parties.
13.1 This Agreement shall be governed by the law of England and
Wales and the Parties hereto submit to the exclusive jurisdiction
of the English courts.