Responsible authority within the meaning of data protection laws, in particular the General Data Protection Regulation (GDPR)
You may request to:
- Receive confirmation as to whether or not personal information concerning you is being processed and access your stored personal information, together with supplementary information.
- Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format.
- Request rectification of your personal information that is in our control.
- Request erasure of your personal information.
- Object to the processing of personal information by us.
- Request to restrict processing of your personal information by us.
- Lodge a complaint with a supervisory authority.
However, please note that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements.
If you wish to exercise any of the above rights or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:
We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable opportunity. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
Grounds for data collection
Processing of your personal information (i.e. any information which may potentially allow your identification through reasonable means; hereinafter “Personal Information“) is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.
What information do we collect?
We collect two types of data and information from Users.
The first type of information is unidentified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“Non-personal Information”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).
The second type of information Personal Information , which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:
- Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
- Mobile phone numbers
- Landline numbers
- Email addresses
How do we receive information about you?
We receive your Personal Information from various sources:
- When you voluntarily provide us with your personal details in order to register on our Site;
- When you use or access our Site in connection with your use of our services;
- From third-party providers, services and public registers (for example, traffic analytics vendors).
How is the information used? With whom do we share the information?
We may use the information for the following:
- Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
- To communicate with you and to keep you informed about our latest updates and services;
- To serve you advertisements when you use our Site (see more under “Advertisements”);
- To market our websites and products (see more under “Marketing”);
- For statistical and analytical purposes, intended to improve the Site.
In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.
- Hosting and operating our Site;
- Providing you with our services, including providing a personalised display of our Site;
- Storing and processing such information on our behalf;
- Serving you with advertisements and to assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
- Providing you with marketing offers and promotional materials related to our Site and services;
- Performing research, technical diagnostics or analytics;
We may also disclose information if we have good reason to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.
A “cookie” is a small piece of information that a website assigns to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help make sure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.
The Site uses the following types of cookies:
- ‘session cookies’ , which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;
- ‘persistent cookies‘, which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
- ‘third-party cookies’ , which are set by other online services who run content on the page you are viewing, for example by third-party analytics companies who monitor and analyse our web access.
Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.
We use a tool which is based on the Snowplow Analytics technology to collect information about your use of the Site. The tool collects information such as how often users access the Site, which pages they visit when they do so, etc. The tool does not collect any Personal Information and is only used by our Site hosting and operating service provider to improve the Site and services.
Use of script libraries (Google Web Fonts)
In order to present our contents correctly and make them graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts) on this website. Google Web Fonts are transferred to your browser’s cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font.
- Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible – but currently also unclear whether and, if so, for what purposes – that operators of corresponding libraries collect data.
Third-party collection of information
How do we safeguard your information?
We take great care in implementing and maintaining the security of the Site and your information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorised access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.
Transfer of data outside the EEA
Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.
We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser).
You may opt out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.
We may use your Personal Information such as your name, email address, telephone number, etc., ourselves or by using our third-party subcontractors, for the purpose of providing you with promotional materials concerning our services which we believe may interest you.
To respect your right to privacy, within such marketing materials we provide you with the means to opt out of receiving further marketing offers from us. If you unsubscribe, we will remove your email address or telephone number from our marketing distribution lists.
Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important email communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.
We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow the use of our services by minors without prior consent or authorisation by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org
How to contact us / Complaints
If you have any general questions / complaints about the Site / Wallingford radio Ltd or the information we collect about you and how we use it, you can contact us at email@example.com .
Competition Entry Terms and Conditions
1.1 These Competition terms and conditions shall be binding on you (“You”) when you enter any promotion, prize draw or competition (“Competition(s)”) operated by Wallingford Radio Ltd(“Wallingford Radio Ltd”) (including but not limited to those Competitions operated by Wallingford Radio Ltd on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by Wallingford Radio Ltd from time to time.
1.2 Any specific rules, entry instructions and any other specific details relating to the particular Competition or the Competition prizes or gifts (“Prizes ”) published on this website or in any media which features the Competition (including on-air messages) together with these Competition terms and conditions form the Competition terms (“Terms ”). Entry and participation in any Competition shall be deemed an unconditional acceptance by You of these Terms.
1.3 It is agreed and accepted by You (except in respect of death or personal injury directly attributable to Wallingford Radio Ltd’s negligence) that Wallingford Radio Ltd shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our Sites. The relevant third party will be responsible for the fulfilment of the Competition. Wallingford Radio Ltd accepts no responsibility for the acts or omissions of such third parties.
1.4 No purchase of any kind is required for free prize draws. Please follow the directions either on the Site for the particular Competition or as publicised in on-air messages.
1.5 You have made certain representations and warranties to Wallingford Radio Ltd (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Wallingford Radio Ltd has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Wallingford Radio Ltd or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in Wallingford Radio Ltd’s opinion, which shall be final) have an adverse effect on the Competition, Wallingford Radio Ltd reserves the right in its absolute discretion (without notice to You and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the Prize(s).
1.6 You agree to co-operate with and comply with all reasonable requests of Wallingford Radio Ltd and its agents and employees (and in particular health and safety representatives) in connection with any Competition and its broadcast.
- Eligibility to enter competitions
2.1 To enter a Competition you must be a resident of the United Kingdom and live in the Participating Radio Station’s registered transmission survey postal code area (TSA). A list of eligible post codes can be requested from the Radio Station. Employees and volunteers of Wallingford Radio Ltd, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. Wallingford Radio Ltd reserves the right to verify the eligibility of all entrants.
2.2 Unless otherwise stated, only one entry per person will be permitted and multiple entries will be void and the entrant(s) disqualified.
2.3 Unless otherwise stated, winners may only win once in any given Competition.
2.4 You may only enter a Competition as an individual; any entries that, in Wallingford Radio Ltd’s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.5 Any entries made, in Wallingford Radio Ltd’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.
2.6 Wallingford Radio Ltd reserves the right to discount multiple entries from the same IP address or telephone number, unless the specific terms and conditions for the Competition state that multiple entries are permitted.
2.7 A person may not win more than one prize valued at £500 or greater 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.). Wallingford Radio Ltd reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
2.8 Where it is expressly stated that a Competition is open to over 18’s only, you represent and warrant that you are at least 18 years of age on the closing date for entries to a Competition and, if requested by Wallingford Radio Ltd, shall provide evidence of your age to Wallingford Radio Ltd’s reasonable satisfaction.
2.9 Proof of eligibility to enter a Competition must be provided to Wallingford Radio Ltd on request.
2.10 You must enter any Competition using your legal name. Wallingford Radio Ltd reserves the right to disqualify anyone entering a competition using a false name. By entering a Competition, You hereby warrant that all information submitted by You is true, current and complete.
2.11 Wallingford Radio Ltd reserves the right to disqualify anyone entering a competition on behalf of another person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
- Health and Safety
3.1 By entering a Competition, You confirm and warrant that, to the best of your knowledge and belief, 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. You confirm that You are not taking any medication at present and will not take any medication during the Competition which may be affected by your participation in the Competition.
3.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by You which Wallingford Radio Ltd considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification.
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.
3.4 You must notify Wallingford Radio Ltd 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. Wallingford Radio Ltd 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.
3.5 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 Wallingford Radio Ltd and the health and safety team, who will have full authority to direct that You shall not consume any more alcohol.
3.6 You will comply with all directions of Wallingford Radio Ltd or Wallingford Radio Ltd’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at Wallingford Radio Ltd’s direction.
- Competition entries via text message and telephone
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. Wallingford Radio Ltd will not be liable in the event of telephone or text message entries not received as a result of network incompatibility, technical faults, or otherwise.
4.2 Entries by text message must start with any applicable keyword as published or announced for the specific Competition followed by a space and be sent to the applicable number as advertised on-air. Please be aware that numbers along with keywords may change from Competition to Competition. Entrants should only submit one text message entry for each competition (unless otherwise stated for the specific Competition) and Wallingford Radio Ltd reserves the right to discount multiple entries.
4.3 For the avoidance of doubt, You should follow the on-air instructions regarding the texting of Competition answers extremely carefully as Wallingford Radio Ltd cannot guarantee Competition entry for mis-spelt or incorrect text entries.
4.4 A text message to the Competition number or a telephone call to the Competition line will normally cost the standard rate for your mobile or telephone provider unless expressly stated in the specific rules for the Competition. You should check with your network provider for more details. For the avoidance of doubt, the cost of text messages from different mobile phone service providers may vary. No purchase of any kind is necessary for free prize draws and in all Competitions which are free prize draws where an offer is made for participation involving a premium rate telephone call or reverse billed SMS message, alternative non-billed entry mechanisms will be made available. You should refer to this Site or on-air messages for the relevant Competition for details of the “no purchase necessary” route to entry.
4.5 Wallingford Radio Ltd reserves the right to disclose your personal data to PhonepayPlus at the reasonable request of PhonepayPlus.
4.6 Text messaging charges incurred as a result of entry 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 Any person using a telephone which is not his or her own should ask for the permission of the person who pays the bill before sending a text message or telephoning the competition line.
4.8 In the event that a telephone call to a Competition entrant is disconnected for any reason (including but not limited to loss of battery or signal) before or during the competition, Wallingford Radio Ltd reserves the right to select another entrant to participate in the Competition. In the event that an entrant does not answer their telephone when contacted by a representative of Wallingford Radio Ltd in order to participate in a Competition, Wallingford Radio Ltd reserves the right to select another entrant to participate in the Competition.
4.9 Where the Competition is entered by phone, the relevant phone number will be given on-air at the time of the competition. Where you use any other phone number, Wallingford Radio Ltd cannot be held responsible for entries not being processed. Winners or entrants shall be chosen at random from those callers which successfully reach the switchboard, unless an alternate method selection is stated.
- Claims to prizes
5.1 In order to enable Wallingford Radio Ltd to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, evidence of Competition entry must be made available if requested for the checking of such claim. In addition, Wallingford Radio Ltd reserves the right to request proof of identity, age and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. Wallingford Radio Ltd may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with You and may be recorded. Wallingford Radio Ltd may also ask You to provide an in-studio recording to compare to your on-air win to provide proof of vocal identity. If You refuse to provide any of these details or participate in or answer all questions raised in such an interview without good reason then your place in the Competition will be treated as invalidated and the Prize may be withdrawn.
5.2 If Wallingford Radio Ltd becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Wallingford Radio Ltd, that you had no actual or imputed knowledge of 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 Wallingford Radio Ltd 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, misconduct or other action is only discovered after the Prize has been released, You undertake to return the same (or provide compensation) to Wallingford Radio Ltd forthwith upon notification by Wallingford Radio Ltd.
5.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid.
5.4 Winners of Prizes will be notified within 28 days of the relevant end date of the Competition. Prizes must be claimed within 28 days of notification.
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.
6.2 Wallingford Radio Ltd does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3 In the event of unforeseen circumstances or circumstances outside Wallingford Radio Ltd’s reasonable control, Wallingford Radio Ltd reserves the right to offer an alternative prize of equal value. No cash will be offered.
6.4 In the event of there being more claims than Prizes available, the name of the valid claimants will go into a draw for the Prizes.
6.5 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6.6 Wallingford Radio Ltd reserves the right to substitute any Prize.
- Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Wallingford Radio Ltd. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid passport with at least 6 months’ further duration and no visa restrictions on your ability to travel to the relevant destination (or Competition entry will be invalid).
7.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
7.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Wallingford Radio Ltd or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
7.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the Prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
7.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. There may be additional terms and conditions imposed by the Prize provider which must be complied with and Wallingford Radio Ltd will not be responsible for your failure to comply with such terms and conditions. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.7 You are not entitled nor authorised in any way to commit Wallingford Radio Ltd to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
7.8 Passport control and in-country authorities will 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 incurred will be your sole responsibility.
7.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Wallingford Radio Ltd or its agents are for guidance only and are subject to change without notice with no liability arising. 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, without limitation, transfers to and from a London airport, meals and drinks).
7.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
- Ticket give-aways
8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by and 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. Use of the Prize constitutes acceptance of these rules.
8.2 Unless otherwise stated, prizes of tickets do not include travel, accommodation or any extras.
8.3 Tickets cannot be exchanged. It is advised that standing area tickets are not suitable for under people under the age of 16.
8.4 The unauthorised sale or disposal of tickets is a criminal offence.
8.5 In the event of a meet & greet or sound check party invite along with tickets won, the venue and artist’s management reserves the right to refuse entry to any winner if deemed necessary for security or any other reason. All decisions are final.
- Online give-aways
9.1 Participating Radio Stations and Prizes will be disclosed in the competition specific terms.
9.2 Entrants must go online to the Radio Station website to answer any entry question provided and register their details in full.
9.3 All eligible entries will be entered into a random draw after entry has closed and winners will be notified within 28 days.
10.1 For Competitions involving online voting, entrants must register a valid email address to be entitled to vote. Only one vote for each valid email address will be accepted. Wallingford Radio Ltd reserves the right to disqualify multiple votes.
- Disqualification of Entries and Cancellation of the Competition
11.1 You acknowledge that the interests and good reputation of Wallingford Radio Ltd and its radio stations are paramount and Wallingford Radio Ltd may, at its reasonable 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 Wallingford Radio Ltd (or its radio stations) to do so.
11.2 Wallingford Radio Ltd 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 your obligations, or representations and warranties, under the Terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of Wallingford Radio Ltd). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
11.3 In the event of disqualification, Wallingford Radio Ltd reserves the right to select another entrant to take part in the Competition.
11.4 Wallingford Radio Ltd shall be entitled, in its reasonable discretion, to cancel (and/or recommence) 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. In this event (and assuming a valid claim has already been made), Wallingford Radio Ltd will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable 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 Wallingford Radio Ltd in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
11.5 Wallingford Radio Ltd 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.
11.6 A Competition or specific promotional devices may be declared as void by Wallingford Radio Ltd if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by Wallingford Radio Ltd.
11.7 The Radio Station reserves the absolute right to disqualify any entrant to the Competition which it considers has used improper technical means to enter.
11.8 The Competition may also be declared void should a printing or production error in connection with the Competition appear on this Site or occur in an on-air message.
11.9 Wallingford Radio Ltd reserves the right in its reasonable discretion to (i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition; (ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition on this Site or on-air) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.
12.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Wallingford Radio Ltd, its business, personnel, servants, agents or officers to anyone.
12.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of Wallingford Radio Ltd.
13.1 Winners must as a condition of the Prize participate in all publicity required by Wallingford Radio Ltd and/or third parties connected with the Competition.
13.2 You acknowledge and agree that Wallingford Radio Ltd may publish winners’ names on any and all media and make these available on request to third parties. Winners’ names are available on request by sending an SAE to the address published on this Site and/or stated on air up to 1 month after the closing date for the relevant Competition.
13.3 You shall not without the specific prior written consent of Wallingford Radio Ltd 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 your involvement therein shall vest exclusively with Wallingford Radio Ltd.
13.4 You agree to undertake (as requested by Wallingford Radio Ltd) all interviews, Competitions and other activities and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media throughout the world at the discretion of Wallingford Radio Ltd in perpetuity.
13.5 Without limitation to any other rights under this Agreement, Wallingford Radio Ltd shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
- Intellectual Property
14.1 Unless otherwise stated, Competition entries will not be returned to you.
14.2 In respect of copyright and other intellectual property rights in any Competition, your entry into 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 ”), you:
(a) hereby grant to Wallingford Radio Ltd a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent Wallingford Radio Ltd deems it appropriate; and
(b) agree, at Wallingford Radio Ltd’s request, to assign to Wallingford Radio Ltd the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by Wallingford Radio Ltd to effect the assignment under this clause
and you agree that the licence and, if applicable, any assignment shall include the right for Wallingford Radio Ltd to alter, edit, compile, 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 the right to sub-license such rights to any other persons, in each case for such purposes as Wallingford Radio Ltd may in its absolute discretion determine.
14.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to Wallingford Radio Ltd will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. Wallingford Radio Ltd reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
14.4 By entering any Competition and submitting any material or Products you warrant to Wallingford Radio Ltd that:
(a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms;
(b) Wallingford Radio Ltd is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
(d) the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
(e) the Products are not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) the Products are not obscene or pornographic; and
(g) the Products 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.
14.5 The entrant to a Competition is the individual submitting the media (ie the person who owns the mobile telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.
14.6 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Wallingford Radio Ltd may result in your disqualification from the Competition and forfeiture of any Prize.
14.7 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 Wallingford Radio Ltd for its own use (in its absolute discretion).
- Exclusion of liability
15.1 Wallingford Radio Ltd is not liable in any way for any costs, expenses, damages, liability or injury suffered by you 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 (i) negligence by Wallingford Radio Ltd; (ii) death or personal injury arising out of Wallingford Radio Ltd’s negligence or the negligence of its employees; (iii) fraud or fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.
15.2 Wallingford Radio Ltd 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.
15.3 Wallingford Radio Ltd 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 reasonable control and whilst Wallingford Radio Ltd may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
16.1 You will comply with the instructions and directions of Wallingford Radio Ltd or Wallingford Radio Ltd’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Wallingford Radio Ltd’s direction.
16.2 You agree you will not by any act or omission do anything, which might bring Wallingford Radio Ltd or its radio stations into disrepute. 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 adversely affect the reputation of the Competition or Wallingford Radio Ltd. 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.
16.3 Source material utilised by Wallingford Radio Ltd’s question compilers shall be taken as correct.
16.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
16.5 Wallingford Radio Ltd does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt.
16.6 No entries will be accepted from agents, in bulk or from third parties.
16.7 The decision of Wallingford Radio Ltd’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
16.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
16.9 Wallingford Radio Ltd reserves the right, in its reasonable discretion, to add to, amend, or waive any Terms on reasonable notice, including but not limited to extending or reducing the duration of a Competition, and giving clues.
16.10 Wallingford Radio Ltd cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize.
16.12 You undertake the Competition and the taking of any Prize at your own risk.
16.13 You agree to indemnify Wallingford Radio Ltd 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) suffered by Wallingford Radio Ltd arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow Wallingford Radio Ltd’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
16.14 There is no fee payable to you in respect of your involvement in the Competition.
16.15 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 Wallingford Radio Ltd may be accessed by third parties. Wallingford Radio Ltd accepts no liability for loss resulting from your entry to an online Competition.
16.16 These 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.
16.17 No variation of these Terms is effective unless approved by an authorised representative of Wallingford Radio Ltd in writing.
16.18 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Wallingford Radio Ltd) 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. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.
16.19 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.
16.20 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.
16.21 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.