These terms and conditions set out the general terms (General Terms) that apply to any competition and/or promotion from time to time (Competition) that you may be entitled to enter and/or participate in using our website, mobile application and/or by the use of our audio and/or audio visual streaming service (Streaming Service).
In addition to these terms and conditions any other specific rules, entry instructions and any other specific details or terms relating to the particular Competition or any prize or gift offered or awarded in a relation to a Competition (Prize) published on our website, mobile application and/or stipulated via our Streaming Service or on any other website or in any other media which features the Competition shall also apply (Specific Terms).
By entering and/or participating in any Competition or by accepting a Prize you are deemed to accept these General Terms and any Specific Terms. You acknowledge and agree that in the event there is a conflict between these General Terms and any Specific Terms, the Specific Terms will prevail.
We may amend these General Terms and any Specific Terms from time to time at our discretion.
As far as the same are applicable, all our other various terms and conditions shall apply to each Competition and any Competition entries, including but not limited to the following:
- our acceptable use policy, which can be viewed at http://fubarradio.com/website-app-acceptable-use-policy/
1. Information about us
We operate the website http://fubarradio.com. We are Fubar Radio Limited, a company registered in England and Wales under company number 05691354 and with our registered office at The Exchange, 26 Haslucks Green Road, Shirley, Solihull, West Midlands B90 2E (Fubar).
To contact us, please see our Contact Us page
2. Eligibility and Entry Criteria
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. You may only enter a competition if you are a resident of the United Kingdom.
You must be at least 18 years old in order to participate in any Competition.
Unless otherwise stated in the Specific Rules, you may not enter a Competition if you are an employee (all references to which shall include employees, freelancers and contractors), or a spouse, partner, close blood relation or spouse of a close blood relation of an employee, of: (a) Fubar; or (b) any sponsor of the relevant Competition or Prize, or if you are directly or indirectly connected with the Competition in any way (as determined by us).
You may not enter any Competition for a period of six months after the closing date of each Competition in which you or any spouse, partner, close blood relation or spouse of a close blood relation of yours has won a Prize.
You may not enter a Competition if you have been given the answer(s) or any other relevant information (as applicable) in relation to the Competition, either directly or indirectly, by any employee of: (a) Fubar; or (b) any sponsor of the relevant Competition or Prize; or (c) any person directly or indirectly connected with the Competition in any way.
2.6 No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We shall disqualify any entries which, in our sole opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number.
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 or not any relevant eligibility criteria has been met. Breach of any of the criteria contained in this paragraph 2 or within any Specific Terms may result in your disqualification from a Competition and/or the withdrawal of a Prize.
In the event you win a Competition we reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. If applicable, we may request that you provide an in-studio recording to compare to your “on-air” win as proof of your vocal identity.
3. Entry methods
3.1 An entry to a Competition that can be facilitated by text message must be sent to the applicable number as advertised on our website, mobile application or via our Streaming Service. Please be aware that numbers may change from Competition to Competition. You may need to check with your service provider for details of phone network compatibility and any applicable charges.
Please take care to follow the exact entry instructions. We cannot guarantee Competition entry for any mis-spelt entries (if applicable).
If you are using a telephone to enter a Competition which is not paid for by you, please ask for the permission of the bill payer before entering the Competition.
If applicable and you fail to answer your telephone when we phone you or you become disconnected for any reason before or during a Competition, we reserve the right to select another entrant to participate in the Competition.
We may carry out an interview with you (which may be “on-air”) either by telephone or in person and we may record the interview.
If you win a Prize, we will normally 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 irrevocably forfeit your right to the Prize.
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 except by us in accordance with these General Terms.
You will not be entitled to receive a Prize which, for any reason, you would be prohibited by law from purchasing, using or owning.
You may not win more than one Prize per Competition and we reserve the right to withhold or reclaim any second or subsequent Prize.
The Prize may be subject to the terms and conditions of one or more third parties and you agree to be bound by and comply with such terms and conditions.
No fee shall be payable to you in respect of your involvement in any Competition.
5. Health and Safety
Your entry or participation in a Competition 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: (a) are in good health; and (b) have no underlying medical condition.
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. You must comply with all safety requests made by us or our representatives.
We reserve the right to disqualify you from the Competition (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)
6. Confidentiality and Publicity
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.
You agree to participate, immediately at our request, in publicity (including interviews) and you agree that we own all Intellectual Property Rights (as defined in paragraph 7.1 below) in, and may use at our absolute discretion, such material you contribute to any publicity or other marketing material. We may, at our discretion, refer to your association with the Competition and/or the Prize in any publicity, marketing and other materials.
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 paragraph 6.2 above or with our prior written consent.
In the event you win a Competition you agree that we may share your name and non specific information about you with third parties. In the event you do not win a Competition that you have entered you may ask us for the name of the winner of each relevant Competition by sending us: (a) a request in writing at least 30 days after the end of each relevant Competition; and (b) a postage pre-paid self addressed envelope.
7. Intellectual Property Rights
For the purposes of these General Terms, references to Intellectual Property Rights means any material, creation, work, idea, concept, outline, setting, character, theme, 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 of any such rights.
By entering a Competition or submitting a video, image, audio file or any other materials in relation to a Competition (the Contribution) you: (a) grant to us a worldwide, irrevocable, perpetual, royalty free licence to the Intellectual Property Rights in the Contribution or other form of Competition entry; (b) grant to us your consent to make the fullest use of the Contribution (and any extracts from the Contribution) or other form of Competition entry (and any extracts thereof) in any and all media worldwide and as we consider appropriate; (c) waive any moral rights and like rights you have in relation to the Contribution or other Competition entry so that we shall be entitled to use the Contribution or other Competition entry in any and all media at no cost to us; and (d) warrant to us that the Contribution and/or other form of Competition entry and all of the content of the same:
7.2.1 are personal and related specifically to you;
7.2.2 are owned and controlled by you and that you have the right, power and authority to grant the rights set out in these General Terms;
7.2.3 will not infringe the Intellectual Property Rights, privacy or any other rights of any third party;
7.2.4 will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening;
7.2.5 do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
7.2.6 are not obscene or pornographic;
7.2.7 do not 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; and
7.2.8 are free from any encumbrances such that we may use the Contribution or other form of Competition entry in accordance with and in the manner set out in these General Terms.
For the avoidance of doubt, all Intellectual Property Rights and any other applicable rights relating to the Competition (including the name, title and format of the Competition) belong exclusively to us.
Any Contribution or other form of Competition entry will not be returned to you.
We reserve the right (without accepting any liability or giving you any compensation or reason) to disqualify you from a Competiton and/or withhold or withdraw a Prize (or seek compensation from you accordingly) if (in our opinion, which shall be final):
8.1.1 you are in breach of these General Terms or any Specific Terms;
8.1.2 your conduct is inappropriate or contrary to the spirit or intention of the these General Terms, the Specific Terms or the Competition;
8.1.3 you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information;
8.1.4 your act(s) or omission(s) might have an adverse effect on the Competition, us or anyone associated with us (including a sponsor of the Competition and any Prize);
8.1.5 it is in our best interests to do so.
8.2 Any entry to a Competition that is incomplete, indecipherable, corrupt, late or otherwise not in accordance with entry instructions will not be accepted.
8.3 In the event of your disqualification from a Competition:
8.3.1 we reserve the right to select another entrant to take part in the Competition (if applicable); and
8.3.2 you may be required to pay any costs incurred by us as a result of your disqualification or other breach of these General Terms or any Specific Terms.
9. Cancellation of the Competition
We shall be entitled, in our reasonable discretion, to cancel, delay, recommence and/or restart 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.
We may cancel a Competition if we believe we have good reason to do so, including if:
9.2.1 a broadcasting, publishing, production, distribution or printing error of any kind occurs (whether “on-air”, online or otherwise);
9.2.2 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.
10. Exclusion of liability/indemnity
To extent permitted by law, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment 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.
Subject to the provisions of paragraph 10.1, we shall have no liability whatsoever:
10.2.1 in respect of Competitions operated by third parties and featured “on-air” or on our website or mobile application. 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;
10.2.2 in the event of postal, telephone, text message or online entries being delayed or not received by us as a result of network incompatibility, technical faults or for any other reason outside of our control;
10.2.3 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;
10.2.4 for any losses suffered by you in submitting data to any of our websites;
10.2.5 for any mistakes in the source material utilised by our question compilers (if applicable); and/or
10.2.6 for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.
You agree to indemnify us 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 these General Terms, any Specific Terms or in any way in connection with your failure to follow our reasonable instructions (or those of a relevant third party) with regard to your entry into the Competition or taking of any Prize.
11. Force Majeure
We shall not be liable to perform any of our obligations under the Competition or in respect of any Prize 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.
You agree you will not by any act or omission do anything, which might bring us (or any third party we are associated with, including any sponsors of any Competition or Price) into disrepute or affect our reputation or the reputation of the Competition.
The General Terms and any Specific 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.
These General Terms and any Specific 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).
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 General Terms and/or any Specific Terms does not affect or impair the continuation in force of the remainder of the same.
These General Terms and/or any Specific Terms do not create any right or benefit enforceable by any person not a party to them.
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