Global Charities Competition Terms and Conditions:
Definitions and introduction
In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
‘Competition’ means any competition or promotion organised by Global Charities and promoted on one or more of the radio stations owned by Global Radio, Communicorpuk or Adventure Radio or their associated websites together with the makesomenoise.com website;
‘Employee’ shall include employees, freelancers and contractors of Global Charities;
‘Entrant’ means any person who enters a Competition;
‘Family member’ means a spouse, partner, close blood relation or spouse of a close blood relation;
‘Global’ means Global Radio Holdings Limited (registered company number 0407752) of 30 Leicester Square, London. WC2H 7LA and its subsidiaries and licenses;
‘Global Company’ means Global and Global Talent Group Limited (company number 03601691) and its subsidiaries;
‘Global Charities’ means Global Charities (registered charity numbers 1091657 and SC041475) of 30 Leicester Square, London, WC2H 7LA;
The words ‘include’ and ‘including’ shall not be interpreted as limiting the generality of any preceding words;
‘Intellectual Property Rights’ means any trademarks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date of this Agreement;
‘Participant’ means any person who is selected by us to participate in a Competition;
‘Prize’ means any prize or gift offered or awarded in a Competition;
‘Specific Rules’ means the specific rules, entry instructions and any other specific details or terms relating to the particular Competition or Prize published on this website or on any other website or in any other media which features the Competition;
‘Terms’ means these Competition Terms and Conditions together with any Specific Rules;
“We”, “Us” and “Our” means Global Charities including any successors in title and assigns.
“You” means an Entrant or Participant in or winner of (as the case may be) a Competition.
1 All of our Competitions will be subject to (i) these Competition Terms and Conditions and (ii) the Specific Rules and you will be bound by these Terms when you enter or participate in any Competition or accept any Prize. If these Competition Terms and Conditions differ or conflict with any Specific Rules then the Specific Rules will prevail.
2 We may add to, amend, or vary these Competition Terms and Conditions from time to time, at our discretion.
3 You agree to co-operate with and comply with all reasonable requests made by us in connection with any Competition and its broadcast.
Eligibility and Entry Criteria
4 In order to make a valid entry into a Competition you must enter as an individual using your legal name and make only one entry per Competition, unless the Specific Rules allow you to make multiple entries. You may only enter a competition if you are a resident of the United Kingdom or Isle of Man.
5 The Specific Rules will state if there are any age restrictions relating to the Competition.
6 You may not enter a Competition if you have been given the answer(s) or any other relevant information in relation to the Competition, either directly or indirectly, by any employee of any Global Company, Competition sponsor or Prize giver.
7 No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We shall disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number, unless the Specific Rules state that multiple entries are permitted.
8 Candidates in any General, Mayoral or any other national or local Election will be ineligible, during the period of such Election, to enter any Competition until after the conclusion of such Election.
9 We may ask you to provide us with proof of your eligibility to enter a Competition and we reserve the right, in our sole discretion, to decide whether eligibility criteria have been met. Breach of any of the criteria contained in this Clause 2 may result in your disqualification from a Competition and/or the withdrawal of a Prize.
Entering a Competition
10 Entries by text message must be sent to the applicable short code as advertised on-air or online. Please be aware that short codes may change from Competition to Competition. You may need to check with your service provider for details of phone network compatibility. You will pay any text messaging charges via your service provider.
11 Please take care to follow the exact on-air or online Competition entry instructions. We cannot guarantee Competition entry for mis-spelt entries;
12 A text message or a telephone call will normally cost the standard rate for your service provider, please check with your service provider for more details. The cost of text messages and telephone calls via different service providers may vary.
13 Participation in some of our Competitions may be charged at premium rate; please refer to the on-air or online messages for details. Global Radio is registered with Phone-paid Services Authority: registration number ORG832-96388-41101. Global Charities is registered with Phone-paid Services Authority: registration number ORG831-51159-55647. We reserve the right to disclose your personal data to Phone-paid Services Authority or Ofcom at their reasonable request.
14 If you are using a telephone which is not paid for by you, please ask for the permission of the bill payer before entering the Competition.
15 We are not responsible for any latency experienced by your mobile phone network, which may delay the delivery of text messages to and/or from us.
16 If you fail to answer your telephone when we phone you or you become disconnected for any reason before or during the Competition, we reserve the right to select another Entrant to participate in the Competition.
17 For Competitions involving online voting only one vote for each valid email address will be accepted and we reserve the right to disqualify any Entrant making, or attempting to make, multiple votes.
18 For each on-air Competition all timings including the closing time are as broadcast on the Station’s FM broadcast frequency. If you are listening via an IP enabled device such as a smartphone, tablet, or computer, please remember that the stream can be slightly behind the FM broadcast due to differences in network speeds and/or the advertising we serve to listeners on IP enabled devices. If a Competition requires you to enter by a deadline dependent on an item in the broadcast (e.g. by the end of a song) we cannot take into account any delay from listening via an IP enabled device and the deadline will be as on the FM broadcast, so please take this into account when entering a Competition.
19 When you donate through text, we may contact you to request you complete a gift aid declaration. You will not be charged to receive this message and will not receive any additional messages from us after this.
20 If you win a prize, we will notify you within 28 days of the end date of the Competition and you will then have 28 days within which to claim the Prize. If you fail to claim the Prize within the time-limit, or fail to comply with any other instructions or time-limits notified to you, you will forfeit your right to the Prize and your claim will be invalid.
21 We reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. Please ensure you have given us your correct address so that we can send your Prize to you. We may request that you provide an in-studio recording to compare to your on-air win as proof of your vocal identity.
22 If you are selected as a winning entrant, you may be asked to have a call with a presenter. You must answer your telephone when we contact you. Someone else cannot answer the phone, participate, or accept a prize on your behalf. If: (i) you fail to answer the phone; (ii) someone else answers the phone; (iii) the call goes to voicemail; (iv) the call becomes disconnected; (v) you are not (or do not seem to us to be) in a position to safely and/or lawfully take or remain on the call (for example, if you are or seem to be driving); or (vi) you are not audible or intelligible or we are not able to conduct a conversation with you in a manner that is suitable for broadcast for any reason beyond our control (including, but not limited to: low/no signal on your device, a call is dropped by any network, you are travelling, there is too much background noise or feedback, etc.); before or during the Promotion, you may be disqualified and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.
23 We may publish and publicise your name, image, social media handle and/or profile picture, your nearest geographical location, and we may refer to your association with the Promotion and/or the prize, in any and all media, worldwide, in perpetuity, for publicity and PR purposes solely in connection with the Promotion.
24 In relation to winners (and runners up if applicable), you understand that we may: (i) interview you and your guest(s)/travel companion(s) which we may film, photograph and/or record and; (ii) film, photograph and/or record, you and your guest(s)/travel companion(s) in connection with the Promotion, either by telephone or in person, and we may use such films, recordings and/or photographs for publicity and PR purposes in any and all media, worldwide, as often and for as long as we consider appropriate or desirable, in connection with the Promotion. We may also publish your and your guest(s)/travel companion(s) name, image, social media handle and/or profile picture.
25 All Prizes are non-transferable and may not be given, assigned or sold to another person.
26 Prizes cannot be exchanged for cash or other alternatives except by us in accordance with clause 10.1.
27 You will not be entitled to receive a Prize which, for any reason, you would be prohibited by law from purchasing, using, or owning.
28 Any other costs and expenses which are not specifically included in the prize description are excluded and will be the sole responsibility of the winner. By way of example, without limitation, [XX] is not included within the prize.
29 In addition to the provisions set out at clauses in the General Competition Terms & Conditions relating to fulfilment of prizes, our ability to fulfil a prize, or perform any of our obligations under the General Competition Terms and Conditions or these Specific Rules (together, the “Competition Terms and Conditions”) could be affected by an actual or threatened epidemic, pandemic, disease or quarantine and/or any corresponding governmental action, guidance and/or ruling (including but not limited to any Foreign, Commonwealth & Development Office guidance) (“Covid Measures”). If, due to Covid Measures, we are unable to fulfil a prize or perform any of our other obligations under the Competition Terms and Conditions, (for example, if the prize is a Holiday Prize to a destination where UK travellers are unable to travel to or advised against travelling to as a result of the Covid Measures), then we shall not be in breach of the Competition Terms and Conditions. In these circumstances, we will try and mitigate the effects of the Covid Measures, for example, by varying or swapping the prize in accordance with the provisions. A Holiday Prize may need to be swapped for a cash prize, which will be decided by us in our sole discretion.
30 Unless otherwise stated in the Specific Rules, you may not win more than one Prize per Competition and we reserve the right to withhold or reclaim any second or subsequent Prize.
31 Where the Prize contains ticket(s) to an event, you will be bound by and must comply with the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
32 No fee is payable to you in respect of your involvement in the Competition.
Additional terms relating specifically to Holiday Prizes
33 Holiday Prizes are subject to availability and must be taken in accordance with the dates, destinations, carriers, and number of passengers specified by us.
34 When entering a Competition offering a holiday Prize you must hold a valid passport with at least 6 months’ further duration, and which contains no visa restrictions on your ability to travel to the relevant destination. Passport control and in-country authorities reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs and losses incurred will be your sole responsibility.
35 Holiday Prizes are not available to persons under the age of 18 unless otherwise stated in the Specific Rules. Children under 18 years of age cannot travel unless accompanied by an adult aged 18 or over.
36 All holidays must be taken within 6 months of the date of the Competition (unless otherwise stated in the Specific Rules).
37 The Specific Rules will provide details of any travel insurance policy offered as part of the holiday Prize. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
38 You must comply with the terms and conditions, including health and safety requirements, of the Prize provider, the airline and other carriers and venues involved in the Competition or the Prize including all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
39 You may not commit us to any contract, expense, or cost without our prior written consent. You must have sufficient financial resources to meet any financial commitment which you may incur in connection with the Prize beyond those included in the Prize itself (including transfers to and from the airport, meals, and drinks).
40 We accept no liability for any changes in the details, including dates and times, of any flights, other transport, airport details, accommodation, or other aspects of the Prize.
41 You will be responsible for any inoculation and other health or visa requirements for your destination.
42 Global will courier the prizes directly to the winner free of charge to UK addresses. Whilst we will endeavour to deliver the prize within 28 days, due to demand these items may take up to 8 weeks or more to be dispatched. Global will do their best to adhere to these time frames, however there may be delays with stock availability and deliveries. We will keep the winner[s] updated with delivery times.
43 Global are registered with the Phone-paid Services Authority (“PSA”): registration number ORG832-96388-41101. Global Charities are registered with the PSA: registration number ORG831-51159-55647. For all enquiries in connection with the Promotion please contact our customer support team at https://global.com/contact/.
Health and Safety
44 Your entry or participation in a Competition and/or Prize is at your own risk and your health and safety is your own responsibility. If the Competition or Prize requires you to undertake any physical activity please ensure, before entering the Competition, that you (i) are in good health and (ii) have no underlying medical condition and are taking no medication that could adversely affect you.
45 Please ensure that you notify us immediately if you become ill or become aware of any other relevant medical or health and safety information which could affect your participation in a Competition and/or Prize. You must comply with all safety requests made by us or our representatives.
46 We reserve the right to disqualify you from the Competition and/or Prize (without liability or compensation) if you (in our opinion, which shall be final) conduct yourself in a way which exposes you or others to any medical, security, safety, or other risk whatsoever (including being intoxicated or abusive in any way)
Confidentiality and Publicity
47 You agree to keep confidential any information which you know or reasonably ought to know is confidential and relates to us, our business or the Competition or Prize.
48 You agree to participate, at our request, in publicity (including interviews) and you agree that we own all Intellectual Property Rights in, and may use at our absolute discretion, such publicity/interviews. We may refer to your association with the Competition and/or the Prize in all publicity, marketing, and materials.
49 You agree that you shall not publicise your involvement in the Competition or the fact that you have won a Prize (including giving interviews) except as set out in clause 7.2 or with our prior written consent.
50 We may publish winners’ names and counties and make them available to third parties upon their request which may be made by sending a self-addressed stamped envelope to our address up to 1 month after the closing date for the relevant Competition.
Intellectual Property Rights
51 By entering a Competition or submitting a video, image, audio file or any other materials in relation to a Competition or Prize (the “Products”) you: (i) confirm the grant by you to us of a worldwide, perpetual, royalty free licence in the Intellectual Property Rights in the Products or Competition entry, (ii) waive any moral rights and like rights you have in relation to the Products or Competition entry so that we shall be entitled to use the Products or Competition entry in any and all media at no cost to us and (iii) warrant to us that the Products or Competition entry:
51.1 are personal and related specifically to you;
51.2 are owned and controlled by you and that you have the right, power and authority to grant the rights set out in these Terms;
51.3 will not infringe the Intellectual Property Rights, privacy or any other rights of any third party;
51.4 will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening;
51.5 do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
51.6 are not obscene or pornographic;
51.7 do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
51.8 are free from any encumbrances such that we may use the Products in accordance with and in the manner set out in these Terms.
52 For the avoidance of doubt, all rights relating to the Competition (including the name, title and format of the Competition) will vest exclusively in Global Charities for our own use (in our absolute discretion).
53 Unless otherwise stated, Competition entries will not be returned to you.
55 We reserve the right (without accepting any liability or giving you any compensation) to disqualify you from a Competition and/or withhold or withdraw a Prize (or seek compensation from you therefor) if (in our opinion, which shall be final):
55.1 you are in breach of the Terms or any of your obligations, representations and/or warranties under this Agreement;
55.2 your conduct is inappropriate or contrary to the spirit or intention of the Terms or of the Competition;
55.3 you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information;
55.4 your act(s) or omission(s) might have an adverse effect on the Competition or Global (or any of its radio stations) or Global Charities;
55.5 it is in our best interests (or that of our radio station(s)) to do so.
56 Entries that are incomplete, indecipherable, corrupt, late or otherwise not in accordance with entry instructions will not be accepted.
57 In the event of your disqualification from the Competition/Prize:
57.1 we reserve the right to select another Entrant to take part in the Competition/receive the Prize; and
57.2 you may be required to pay any costs incurred
Cancellation of the Competition
58 We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect by on-air or online announcement without any liability to you. If we cancel a Competition after you have claimed a Prize, we will use our reasonable endeavours to offer you an alternative Prize. If we offer you an alternative Prize but you do not accept it, you shall have no claim against us.
59 We may cancel a Competition if we believe we have good reason to do so, including if:
59.1 a broadcasting, publishing, production, distribution or printing error of any kind occurs (whether on-air, online or otherwise);
59.2 there have been any errors in the preparation for, or the conduct of, the Competition materially affecting the result of the Competition, the number of Prize claims or the value of the Prize claims.
Exclusion of liability/indemnity
60 Nothing in the Terms excludes our liability for:
60.1 death or personal injury arising out of our negligence or the negligence of our employees;
60.2 fraud or fraudulent misrepresentation by us or our employees; or
60.3 any other liability that cannot be excluded or limited by law.
61 Without prejudice to the provisions of Clause 11.1, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment (other than any costs and expenses specifically provided for in the Competition and/or Prize) including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or Prize.
62 Without prejudice to the provisions of Clause 11.1 and subject to the provisions of Clause 11.2, we shall have no liability whatsoever:
62.1 in respect of Competitions operated by third parties and featured on air or on our websites. The relevant third party will be responsible for the fulfilment of the Competition. We accept no responsibility for the acts or omissions of such third parties;
62.2 in the event of postal, telephone, text message or online entries delayed or not received by us as a result of network incompatibility, technical faults or for any other reason;
62.3 for any person not being able to enter a Competition for any reason, including system failure, error, the application through which online entries are made being down, hacks on the system or personal computer issues;
62.4 for any losses suffered by you in submitting data to any of our websites;
62.5 for any mistakes in the source material utilised by our question compilers;
62.6 for Prizes which are lost, delayed or damaged in the post or otherwise not received by you.
63 The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.
64 You agree to indemnify us and our radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under the Terms or in any way in connection with your failure to follow our reasonable instructions with regard to your entry into the Competition or taking of any Prize
65 Your personal data, [and the personal data of any guest(s)/travel companion(s) that you or they provide to us], will be collected and processed by us, our licensees (including Communicorp UK Limited and Quidem Limited), [the Promotion Partners], as well as the prize providers, and if applicable, our service providers, network operators and suppliers in order to administer and fulfil the Promotion. Your personal data may also be disclosed to the Phone-paid Services Authority, Ofcom and/or the Advertising Standards Authority at their reasonable request for regulatory purposes, for example, in order to prevent, investigate and detect crime, fraud or anti-social behaviour and comply with law enforcement agencies and applicable advertising codes.
66 We may hold your personal data for a period of 2 years to comply with our regulatory obligations.
68 We, the Promotion Partners and the prize providers may transfer and process personal data outside of the EEA and UK for the purposes of administering the Promotion.
70 You may request the removal of your personal details from our database by contacting [email protected] If you request that your personal details, be removed prior to the conclusion of a Promotion, you will forfeit your right to enter the Promotion and/or claim any prize and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.
71 If you are required to submit a guest(s)/travel companion(s) personal data to enter a Promotion, you must ensure that your guest(s)/travel companion(s) have given you consent to provide us with their personal data.
72 We shall not be liable to perform any of our obligations under the Competition or in respect of the Prizes where we are unable to do so as a result of unforeseen circumstances or circumstances beyond our reasonable control and whilst we may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, we shall not be liable to compensate you in such circumstances.
73 You agree you will not by any act or omission do anything, which might bring Global or its radio stations or Global Charities into disrepute or affect the reputation of the Competition or Global or Global Charities.
74 The Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
75 The terms represent the entire agreement between you and us relating to the Competition and/or the Prize and supersede any prior representations, agreements, negotiations or understandings (whether oral or in writing). No variation of the Terms is effective unless approved by an authorised representative of Global or Global Charities in writing.
76 Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded.
77 The invalidity, illegality, or unenforceability of the whole or any part of the Terms does not affect or impair the continuation in force of the remainder of the Terms.
78 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.
79 This Agreement does not create any right or benefit enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).