Competition Terms and Conditions
Please read the competition specific terms and conditions (Specific Terms), available by clicking the appropriate link to the left of this message.
1. THE TERMS AND CONDITIONS
1.1 - These terms and conditions (which we will refer to as the "General Terms") are the rules, terms and conditions for competitions broadcast on Radio Exe or through our other media channels, including, but not limited to, associated websites, mobile phone applications, Radio Player and promotions at outside events.
1.2 - Some competitions and promotions have additional or specific terms and conditions which will be made available when appropriate. We will refer to these as the 'Specific Terms'. These may include opening/closing dates, additional costs or eligibility requirements.
1.3 - If there is any conflict between General Terms and Specific Terms, the Specific Terms will take precedence.
1.4 - By entering a Radio Exe competition, you are legally bound by the General Terms and Specific Terms.
1.5 - Radio Exe Limited reserves the right to change the General Terms or Specific Terms at any time, without notice.
1.6 – These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England.
2. THE PROMOTER
2.1 - Unless otherwise specified, the promoter of competitions is Radio Exe Limited ("the promoter", "us”).
2.2 - The promoter, Radio Exe Limited, is a company registered in England and Wales. If you have any concerns about a competition, please write to:
1 Oak Tree Place
2.3 - If you're unhappy with the promoter's response to your concern, you can contact OFCOM (the communications regulator), the Advertising Standards Authority) or PhonePayPlus (the regulator for paid-phone services).
3.1 - Unless specified in the Specific Terms of a competition, all entrants must be 18 years old or over.
3.2 - All entrants must live in Devon. Proof of address may be required before prizes can be collected.
3.3 - For some competitions, we will set out additional eligibility requirements in the Specific Terms. These may include the requirement for a driving licence, visa, passport, a good level of health and so on.
3.4 - The promoter reserves the right to make appropriate checks to confirm eligibility. Evidence of eligibility may be required before a prize is released.
3.5 - Employees of Radio Exe or their immediate family may not enter any competition, nor the employees or immediate family of any third party sponsor or prize provider.
4.1 - In all competitions, we reserve the right to reject any entries which are deemed to be incomprehensible, incomplete, damaged, unlawful, defamatory, racist or anything we deem to be harmful to the reputation of Radio Exe.
4.2 - Opening and closing dates will be made clear with entry details. Entries are received on arrival, not from the time they are sent.
4.3 - No single entrant can win more than one prize within a 90 day period. If a winner is selected that breaks this rule, another selection will be made.
4.4 - Multiple entries are not allowed. Unless in Specific Terms, no single entrant can enter a competition more than once or as part of a syndicate, group or company.
4.5 - An entrant must not use multiple names, telephone numbers or email addresses for multiple entries. Only one entry per legal name is allowed. Entrants must use their legal names when they enter.
4.6 - Automated entry using software, or any other mechanical or electronic means is prohibited.
4.7 - When an entrant is retrospectively deemed to have broken the General Terms or Specific Terms, we may still disqualify their entry and take measures to reclaim a prize.
4.8 No more than one entry per person per day is allowed on any competition or promotion on Radio Exe. This rule applies whether or not a prize is offered.
4.9 In all competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful. 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, loss in service of online entry mechanisms, computer error in transit or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry. We cannot enter into correspondence with entrants who experience difficulties with entering online.
4.10 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.
4.11 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 above, we may 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. PREMIUM RATE TEXT MESSAGES
5.1 - Some of our competitions use premium rate SMS (text) lines for entry. Unless in competition Specific Terms, our premium rate numbers are charged at £1 (one-pound) per text, plus your phone operator's standard SMS rate. The standard rate may be charged by your network in addition to inclusive text packages.
5.2 - Opening and closing dates will be made clear with entry details. Any texts received before a competition has begun or after it has closed may still be charged, but your entry will not count. SMS entries are received on arrival, not from the time they are sent.
5.3 - SMS entries must be sent to the correct number in the correct format as set out by the promoter. Any entries that fail to do so will be void.
5.4 - Network or mobile phone handset faults are not the responsibility of the promoter.
5.5 - With premium rate competitions, a free entry will be offered. This may be in the form of a social media (Facebook, Twitter etc.) entry, a form on our website, or postal.
5.6 - We comply with the Code of Practice of PhonePayPlus (the premium rate regulator). This means we are upfront about the service we offer and the cost, treat consumers fairly, comply with the law, not invade privacy, not cause harm or unreasonable offence and to resolve any complaints quickly.
5.7 - Premium rate services are operated on behalf of the promoter by GMedia Limited.
5.8 - An entrant should always gain permission of the bill payer before sending a message.
6. STANDARD RATE TEXT MESSAGES
6.1 - Some of our competitions use standard rate SMS (text) lines for entry. Unless in competition Specific Terms, these competitions are charged at your network operator's standard SMS rate. The standard rate may be charged by your network in addition to inclusive text packages.
6.2 - Opening and closing dates will be made clear with entry details. Any texts received before a competition has begun or after it has closed may still be charged, but your entry will not count. SMS entries are received on arrival, not from the time they are sent.
6.3 - SMS entries must be sent to the correct number in the correct format as set out by the promoter. Any entries that fail to do so will be void.
6.4 - Network or mobile phone handset faults are not the responsibility of the promoter.
6.5 – An entrant should always gain permission of the bill payer before sending a message.
7. ON AIR COMPETITIONS
7.15 We will not be liable for any prizes which are lost, delayed or damaged in the post for reasons beyond our reasonable control.
7.16 Any tax or other charges 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.
7.17 Where the prize for any of our competitions involves 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.
7.18 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prize winner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
8.1 - In all competitions, we reserve the right to replace the stated prize(s) with a replacement of a similar value.
8.2 - We offer no cash alternative for any non-cash prizes.
8.3 - All winners will be notified within twenty-eight (28) days of the competition closing date, on-air, by telephone or in writing.
8.4 - Prizes that can be posted will only be dispatched to an address in the United Kingdom. We reserve the right to require a winner to collect a prize from the Radio Exe office in Exeter, or from a third party prize provider's premises within, or a reasonable distance from, our FM broadcast area.
8.5 - When a prize is time-sensitive (such as an event ticket or travel pass), it is the responsibility of the winner to collect the prize in good time. The promoter takes no responsibility for a missed event because of factors, not limited to, the postal system, courier services and so on.
8.6 - Some prizes that are time-sensitive must be taken on the date elected by the promoter. If this date isn't Convenient, no alternative will be offered.
8.7 - All prizes are non-transferrable.
8.8 - We reserve the right to request proof of identity of a winner. This must be in the form of valid photographic identification.
8.9 - Any tax or duty payable on a prize is the responsibility of the winner. We recommend seeking independent financial advice.
8.10 - No additional costs or expenses are offered with a prize. For example, transfers, transport and accommodation are not generally included.
8.11 - We provide no warranty or guarantee for any prize. To the full extent of the law, we have no liability to you in relation to any prize.
8.12 - Some prizes may have specific terms attached. These are set out in Specific Terms of that competition.
8.13 - Third party prize providers may set out their own terms and conditions.
8.14 - Some competitions may requre the winner to collect their own prize
9. UNCLAIMED PRIZES
9.1 - All prizes must be claimed within fourteen (14) days of the winner's notification. Time sensitive prizes may have different conditions, set out in the Specific Terms.
9.2 - We reserve the right to re-allocate a prize after this time period, or not to award the prize at all.
10. PHOTOGRAPHS AND VIDEOS
(a) entrants warrant that they are the person in the photograph or video and/or they have prior consent from all persons in the photograph or video to submit it 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 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 or video in our sole discretion;
(d) entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video;
(e) entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph or video;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
(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).
1 Oak Tree Place
10.2 By entering a competition on Radio Exe, you agree to your contact details being used for marketing purposes, either by Radio Exe or by its partner(s) in the promotion. Your details will not be passed to any other third party, except where necessary for the provision of prizes.
10.3 – All entrants have the right to have their personal information removed from our database. The right to enter competitions is forfeited in this case.
10.4 - Should an entrant need to provide a third party’s information to a promoter as part of a competition, they must gain the third party’s permission.
10.5 – The promoter has the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voice of entrants for the running of our competitions and matters incidental to the competition.
10.6 – Entrants consent for their entries to be broadcast or published on any of our other media platforms.
10.7 - Prize winners agree to take part in promotional activity, including the use of their photo, in publicity related to Radio Exe or our partners' competitions, or forfeit any associated prize.
10.8 – Entrants and prize winners may be required to participate in promotional recording sessions. This content may be used in any manner we see fit. If an entrant wishes to retain anonymity, they may not be included in certain competitions. They must make this clear to the promoter.
10.9 – Participants agree that we may use materials featuring them for promotional purposes.
10.10 – No fees are payable to any entrant for participation in a competition.
11.1 – By entering a competition, entrants assign to the promoter all rights (including present and future copyright) in their entry and publicity materials.
11.2 – Entrants agree not to assert any moral rights in respect of their entry or publicity materials against the promoter or a third party partner.
11.3 – Entrants undertake to the promoter 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 not indemnify us for any loss, damage or liability arising should this turn out not to be true.
11.4 – Entrants agree that they have the right and authority to grant the rights in these terms and conditions.
11.5 – All rights in our competitions (including the format) are copyright of Radio Exe, a third party completion operator or a third party prize provider.
112.1 – As set out in 3.1, "unless specified in the Specific Terms of a competition, all entrants must be 18 years old or over”.
12.2 – Some competitions may allow minors to enter and may set an upper age limit or require the entrant is in education.
12.3 – In this case, if the winner is under the age of 18, we may require these terms and conditions to be agreed by a parent or guardian before the prize is awarded.
12.4 – Prizes may be awarded to a parent, guardian or educational establishment on the young person’s behalf.
12.5 – Some competitions may require the written consent of a parent or guardian before entry or before a prize is issued.
12.6 – The promoter may require a parent or guardian to sign a release for a minor’s entry to be used in promotional material.
14. TERMINATION OF A COMPETITION
13.1 - If a competition is not capable of running as planned for any reason, including but not limited to, technical failures, tampering, unauthorised intervention, computer malware, network failure, broadcast failure, fraud or any cause beyond our control which affects fairness, security, integrity or conduct of Radio Exe or a competition, we reserve the right to terminate, modify or suspend a competition.
13.2 – The promoter may vary the terms of, or terminate a competition at any time without liability to any contestant or other person for any reason.
13.3 – The promoter will not award the prize if the competition is terminated.
14.1 – All our decisions relating to the competition or prizes are final. No correspondence or discussions with entrants or any other person will be entered into.
14.2 – Tiebreakers, disputes, conflicts, questions or concerns will be managed by us, and if required by law, an independent adjudicator.
14.3 – Competitions with a draw element will have a winner randomly selected. This decision is final.
16. FAILURE TO ENFORCE THESE TERMS AND CONDITIONS
15.1 – A failure by us or a third party to enforce any of these terms and conditions 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.
16.1 – Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties, representations expressed or implied by law are hereby excluded.
16.2 – 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 rule applies in respect of any prize provided by a third party provider.
16.3 – 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.