1.1 These Terms and Conditions (“Terms”) shall be binding on you (and your guests where applicable) (together “you”) when entering any competitions (“Competition(s)”) operated by The Vibe Watford Ltd (“Vibe 107.6 FM”), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Vibe 107.6 FM from time to time.
1.2 Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms.
1.3 You must pass a copy of these Terms to your guests (if applicable) and ensure that they comply with them.
1.4 It is agreed and accepted by you that Vibe 107.6 FM shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors) (except in respect of death or personal injury directly attributable to Vibe 107.6 FM’s negligence).
1.5 You have made certain representations and warranties to Vibe 107.6 FM (both in these Terms and otherwise) in applying for a place on the Competition. Vibe 107.6 FM has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Vibe 107.6 FM or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Vibe 107.6 FM’s opinion, which shall be final) an adverse effect on the Competition, Vibe 107.6 FM reserves the right to forfeit your place on the Competition (without giving any reason and without notice).
1.6 You agree to co-operate with and comply with all reasonable requests of Vibe 107.6 FM and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
1.7 These Terms may be added or amended from term to term at the discretion of Vibe 107.6 FM
2. Eligibility to enter competitions
2.1 You must be a resident of Great Britain. Volunteers of Vibe 107.6 FM, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.
2.2 Only one entry per person will be permitted. Multiple, automated, third party, syndicate or other group entries will be disqualified.
2.3 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by Vibe 107.6 FM, shall provide evidence your age.
2.4 Candidates in any General, Mayoral or any other national or local Election will be ineligible to enter any Competition during and until the conclusion of such Election.
2.5 You may not enter a competition if, on the date it is announced, you have won a prize with Vibe 107.6 FM in the previous 30 days.
3. The Competition
3.1 The interests and good reputation of Vibe 107.6 FM and its radio stations are paramount and Vibe 107.6 FM may, at it's sole discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Vibe 107.6 FM to do so. In particular (without limitation), Vibe 107.6 FM reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conducts yourself in a manner which is inappropriate or unsuitable (at the discretion of Vibe 107.6 FM). You shall be responsible for any additional costs in this respect. You will not by any act or omission do anything, which might bring Vibe 107.6 FM or its radio stations into disrepute.
3.2 You will comply with the instructions and directions of Vibe 107.6 FM (failure to do so may lead to immediate disqualification, at Vibe 107.6 FM’s direction).
3.3 Incomplete or indecipherable entries will be void (in Vibe 107.6 FM’s absolute discretion).
3.4 Vibe 107.6 FM does not accept responsibility for entries lost, damaged or delayed in transit to the competition address, whether by text, email, post or phone call. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
3.5 Source material utilised by Vibe 107.6 FM’s question compilers shall be taken as correct.
3.6 Late entries will not be accepted (in Vibe 107.6 FM’s discretion).
3.7 If you fail to answer the phone when we call you or you become disconnected for any reason before or during the Competition, Vibe 107.6 FM reserves the right to select another Entrant to participate in the Competition.
3.8 In the case of a prize draw, the first correct entry drawn will be the winner.
3.9 The decision of Vibe 107.6 FM’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
3.10 Vibe 107.6 FM shall be entitled, in its absolute discretion, to cancel a competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof.
4. Competition Entries via Text Message
4.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service (“SMS”) known commonly as a text message. Users should check with their service provider for details of compatibility.
4.2 Entries to Competition(s) via “text message” may only be submitted if the eligibility of text message entries is confirmed on-air.
4.3 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.
4.4 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as mis-spelt or incorrect text entries will be void.
4.5 Text messages to the Competition shortcode will be charged at the normal service provider rate and please note that the cost of calls from different mobile phone service providers may vary.
4.6 Text messaging charges incurred as a result of entrance to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill.
4.7 Please note that multiple entries (or votes) by text message will be disqualified but will still incur the full charges applicable.
5. Claims to prizes
5.1 In order to enable Vibe 107.6 FM to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Vibe 107.6 FM reserves the right to carry out an interview (by telephone or in person with you and to tape record the interview). If you refuse to participate in or answer all questions raised in such an interview without good reason then your place will be treated as invalidated.
5.2 If Vibe 107.6 FM becomes aware of any fraud, deceit or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Vibe 107.6 FM, that you had no actual or imputed knowledge of the such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then Vibe 107.6 FM reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Vibe 107.6 FM forthwith upon discovery by Vibe 107.6 FM.
5.3 Winners will be notified within 28 days of the end date of the Competition and they will then have 28 days within which to claim the Prize. Failure to claim the Prize within the time-limit, or failure to comply with any other instructions or time-limits will lead to forfeiting the right to the Prize and the claim with become invalid.
6.1 All prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives. Vibe 107.6 FM may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
6.2 Vibe 107.6 FM does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3 No fee is payable to any entrant or winner in respect of involvement in the Competition.
7. Ticket give-aways
7.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
8.1 Winners must as a condition of the prize participate in all required publicity.
8.5 Without limitation to any other rights under this Agreement, Vibe 107.6 FM shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
9. Intellectual Property
9.1 In the case of competitions which require you to submit audio recordings you grant to Vibe 107.6 FM the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by Vibe 107.6 FM of the audio recording submitted will not infringe any third party rights and shall indemnify Vibe 107.6 FM for any loss, damage or liability arising in connection therewith.
9.2 You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
9.3 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 Vibe 107.6 FM for its own use (in its absolute discretion).
10. Vibe 107.6 FM – exclusion of liability
10.1 Vibe 107.6 FM is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This limitation does not exclude any liability for negligence by Vibe 107.6 FM or death or personal injury arising out of such negligence.
10.2 Vibe 107.6 FM accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
10.3 Vibe 107.6 FM shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
11.1 You undertake the Competition at your own risk and agree to indemnify Vibe 107.6 FM 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) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.
11.2 There is no fee payable to you in respect of your involvement in the Competition.
11.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at your own risk.
11.4 Vibe 107.6 FM reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
11.5 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 Vibe 107.6 FM may be accessed by third parties. Vibe 107.6 FM accepts no liability in such cases.
11.6 These Terms shall be governed and construed in accordance with English Law.