Terms and Conditions
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 Celador Entertainment Limited (or any of its subsidiaries including but not limited to Celador Radio Limited) ("Celador"), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Celador 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 Celador shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors). This exclusion does not include any liability for negligence by Celador or any other liability that cannot be excluded by law.
1.5 You have made certain representations and warranties to Celador (both in these Terms and otherwise) in applying for a place on the Competition. Celador has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Celador 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 Celador's opinion, which shall be final) an adverse effect on the Competition, Celador (or any of its radio stations), 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 Celador and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
2. Eligibility to enter competitions
2.1 You must be a resident of Great Britain or the Channel Islands. Employees of Celador, 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 prize per person will be permitted. Multiple entries are permitted, but if a prize is won, entries by the winner thereafter 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 Celador, shall provide evidence your age.
2.4 Celador Radio has the right to refuse qualification of entry to any competition, if the person/entrant has already won a competition on any Celador Radio station within the previous three months. A person may not win more than one prize valued at £50 or more within a three month period following the first win. A person/entrant may not win more than one prize valued at £500 or more within a six month period following the first win, nor shall any member of such person's family residing at the same address (including, but not limited to, aunts, uncles, cousins, grandparents etc.). Celador reserve the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
3. Health and Safety
3.1 You confirm and warrant that, to the best of your knowledge, your general state of health is good and 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.
3.2 You agree to take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which Celador considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).
3.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk. You must notify Celador of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. Celador 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.
3.4 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Celador and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.5 You will comply with all directions of Celador in respect of health and safety (failure to do so may lead to immediate disqualification, at Celador's direction).
3.6 You confirm that you are not taking any medication at present and will not during the Competition.
4. The Competition
4.1 The interests and good reputation of Celador and its radio stations are paramount and Celador may, at its 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 Celador (or its radio stations) to do so. In particular (without limitation), Celador 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 conduct yourself in a manner which is inappropriate or unsuitable (at the discretion of Celador). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary). You will not by any act or omission do anything, which might bring Celador or its radio stations into disrepute.
4.2 You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could affect the reputation of the Competition or Celador . You also warrant that you do not currently, and have not in the past, worked for any other radio station or media organisation in the United Kingdom.
4.3 You will comply with the instructions and directions of Celador (failure to do so may lead to immediate disqualification, at Celador's direction).
4.4 Incomplete or indecipherable entries will be void (at Celador's absolute discretion).
4.5 Celador does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
4.6 Late entries will not be accepted (at Celador's discretion).
4.7 The decision of Celador 's judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.8 Celador shall be entitled, at 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.
4.9 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Celador will use reasonable endeavours to offer an alternative prize at some other time and/or some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against Celador in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
4.10 Winners must collect their prize within 3 months of notification.
5. Competition Mechanics and Specific Prizes
5.1 Competition mechanics and the terms and conditions attached to specific non-cash prizes if any for any competition are detailed in the appendices below.
6. Claims to prizes
6.1 In order to enable Celador to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Celador 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.
6.2 If Celador 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 Celador 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 Celador 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 Celador forthwith upon discovery by Celador .
7.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Celador may, at its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
7.2 Celador 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.
7.3 Cash prizes will be paid by BACS (bank transfer) into the account detailed by the prize winner. In the event that a prize winner cannot provide bank details, at the company's discretion, a cheque may be raised in the prize winner's name. The station does not retain any bank details. The station does not pass any winner's details to a third party for any reason.
8.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Celador , its business, personnel, servants, agents or officers to anyone.
8.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Celador .
9.1 Winners must as a condition of the prize participate in all required publicity.
9.2 You shall not without the specific prior written consent of Celador publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and the Participant's involvement therein shall vest exclusively with Celador.
9.3 You agree to undertake as requested by Celador all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Celador in perpetuity.
9.4 You hereby grant and assign to Celador (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Competition and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the "Products"), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Celador to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as Celador may in its absolute discretion determine.
9.5 Without limitation to any other rights under this Agreement, Celador shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
10. Intellectual Property
10.1 In the case of competitions which require you to submit audio recordings you grant to Celador 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 Celador of the audio recording submitted will not infringe any third party rights and shall indemnify Celador for any loss, damage or liability arising in connection therewith.
10.2 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.
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 Celador for its own use (at its absolute discretion).
11. Celador - limitation of liability
11.1 Celador 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 exclusion does not include any liability for negligence by Celador or any other liability that cannot be excluded by law.
11.2 Celador 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.
11.3 Celador 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.
12.1 You undertake the Competition at your own risk and agree to indemnify Celador 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.
12.2 There is no fee payable to you in respect of your involvement in the Competition.
12.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
12.4 Celador 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. This limitation does not exclude any liability for negligence by Celador or death or personal injury arising out of such negligence.
12.5 Celador 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.
12.6 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 Celador may be accessed by third parties. Celador accepts no liability in such cases.
12.7 These Terms shall be governed and construed in accordance with English Law.
12.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Celador) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Celador. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
12.9 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. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
12.10 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.
BEST BEST MAN – SPECIFIC ADDITIONAL TERMS AND CONDITIONS
1 Competition Mechanic
1.1 Listeners can win only by giving the longest speech across the 4 days of contests (28th-31st August) on a subject chosen by Celador without hesitation, repetition or deviation.
1.2 The prize is not transferrable with a cash alternative.
2 Individual Prize Terms and Conditions
2.1 Celador and the third party prize suppliers reserve the absolute right to alter and amend the prizes and associated the terms and may, at their sole discretion, substitute a reasonable alternative for any of the prizes at any time.
2.2 Non-exhaustive Specific Prize Terms
The prize is a daytime yacht excursion departing at 1pm and arriving back at 5pm from Royal Clarence Marina, Gosport. The recipients will receive a welcome drink on arrival. The yacht will head out into the Solent and there may be an opportunity to take the wheel. The yacht will anchor up for the afternoon with opportunities to use the RIB, Jet Ski and Hot Tub with ise of towels, wet suits and safety equipment. A supply of alcoholic and soft drinks plus snack will also be made available. This
Included in this is all fuel, Captain and crew, space for 10 guests, use of jet ski, rib and hot tub, towels and wet suits, safety equipment and a supply of alcoholic and soft drinks including lager and spirits. This supply is not unlimited but should cover a 4 hour period.
Full terms and conditions can be found at http://www.solitaire-charters.com