Competitions
General
- These terms and conditions together with any specific rules set
out in Competition Notices (as defined below) are the Competition
Terms ("Terms"), together to be defined as the "Competition",
unless otherwise expressly stated. By entering a Competition,
entrants agree to be bound by these Terms.
- The Competition(s) is organised and operated by KM Radio/Kent
Messenger, its sponsor(s) or any company, radio station or website
owned or controlled (directly or indirectly) ("us", "we", "our" "KM
Radio/Kent Messenger").
- Terms specific to each Competition are displayed in a notice
included on the radio station's website page posting for such
Competition (the "Competition Notice") and are incorporated
herein.
- In the event of discrepancy between these terms and conditions
and the Competition Notice, the Competition Notice shall
prevail.
Qualifying Entrants
- To qualify to participate in any Competition you must be
resident in either Kent or Medway. Entrants must live in the BR,
CT, DA, ME, or TN postcode areas to be eligible to win any
prize.
- KM Radio and Kent Messenger employees (and immediate
family) are not eligible to enter any Competition.
- Employees (and immediate family members) of any company
involved in any Competition or, if relevant, any advertising
agency connected with a Competition are not eligable to enter
the Competition.
- Additional eligibility requirements may apply to a specific
Competition, e.g. a valid passport, visas and/or driver's licence.
Provision of such documents will be required if the Competition
prize includes travel outside the United Kingdom and/or car
hire.
- By entering the Competition, you hereby warrant that all
information submitted by you is true, current and complete.
- We assume that by using our site and entering the Competition
(and you warrant that) either you have legal capacity to enter the
Competition and agree to the Terms (i.e. that you are of sufficient
age and mental capacity and are entitled to be legally bound in
contract) or your parents have consented to your entry of the
Competition and use of these Terms.
- We reserve the right to disqualify any entrant if we have
reasonable grounds to believe the entrant has significantly
breached any of these terms and conditions.
- In the event that any entrant is disqualified from the
Competition, in our sole discretion we may decide whether a
replacement contestant should be selected. In this event, any
further entrant will be selected on the same criteria as the
original entrant and will be subject to these Terms.
- By signing the Agreement, you confirm and warrant that, to the
best of your knowledge, you have no medical condition that could be
adversely affected by any of the events or activities planned or
reasonably expected to be involved in the Competition.
- You must take all reasonable steps to ensure your own health
and safety. Any behaviour or act or conduct by you (including
without limitation any abusive behaviour, physical or
psychological).which KM Radio/Kent Messenger considers to pose any
medical, security or safety risk may lead to your immediate
disqualification.
- 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
KM Radio/Kent Messenger and any health and safety team, who will
have full authority to restrict your levels of consumption.
Competition Entries
- Unless otherwise stated, there is no limit on the number of
Competition entries that can be received from an individual.
- Incomplete or indecipherable entries will be void.
- Competition entries must be made in the manner and by the
closing date specified on the Competition Notice. Failure to do so
will disqualify the entry.
- There is no purchase requirement to enter a Competition.
- Where entries are made via a coupon or form it is not
acceptable to submit photocopies. Photocopies will be void.
- Source material used by KM Radio/Kent Messenger question
compilers shall be taken as correct.
- Entries via
SMS must include the user's name and
postcode. Incomplete entries are not eligible and will be
disqualified.
- Where entry to a competition incurs an expense and the
answer can be found within the editorial copy, entries can be
submitted for free at www.kentonline.co.uk/competitions
stating the relevant competition keyword.
- Proof of posting cannot be accepted as proof of delivery. We
cannot accept responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft, destruction, alteration of, or
unauthorised access to entries, or entries lost or delayed whether
or not arising during operation or transmission as a result of
server functions, virus, bugs or other causes outside our
control.
- Entrants should note that unless stated otherwise by us, we do
not accept responsibility for the return of any Competition
entries, including those consisting of artistic or other material,
and may dispose of entries at our discretion.
Prizes
- Prize winners will be chosen at random unless specified
otherwise in the Competition Notice, from all qualifying entries
within 28 days of the closing date specified in the Competition
Notice. Tiebreakers, disputes, conflicts, questions or concerns
will be managed by a member of our staff and, if required by law,
by an independent adjudicator. In all matters, the decision(s)
shall be final and no correspondence or discussion shall be entered
into.
- Prize winners will be notified in the manner and within the
time specified on the Competition Notice. Return of any prize
notification as undeliverable or failure to reply as specified in
the notification within the time stated therein may result in
disqualification and selection of an alternate winner. If more than
one prize is awarded only one prize per entrant will be
awarded.
- Claims for prizes must be made in the manner and within the
time specified on the Competition Notice. Failure to claim a prize
within this time or in the manner specified may result in
disqualification and selection of an alternate winner.
- Prizes are non-transferable and there is no cash alternative.
We reserve the right to substitute prizes of equal or greater value
at any time.
- We reserve the right, in our absolute discretion, to request a
proof of identity in the form of your passport, driving licence and
a utility bill bearing your address.
- Prizes are awarded at our discretion and prizes may be withheld
in the event of improper actions by or on behalf of any
entrant.
- Where a prize may not be appropriate for a younger contestant,
the minimum age for entry will be stated in the Competition Notice
and must be observed. We reserve the right to request written proof
of age of any winner.
- All prizes will be presented to winners via the UK mail
service, unless otherwise noted. KM Radio/ Kent Messenger does not
accept any liability or claims for prizes which are lost, delayed
or damaged in the post or otherwise not validly received by
you.
- We will not be responsible for replacing a prize if a concert
or ticketed event has been awarded as a prize and the concert or
event is cancelled or postponed.
- Prizes must be taken in accordance with the dates and
destinations and number of passengers specified by KM radio/Kent
Messenger There will be no cash alternative. There will be no
alternative destination.
- Holidays are non-transferable. Holidays are subject to
availability. You must hold a valid UK passport with at least 6
months' further duration (or competition entry will be
invalid).
- Holidays are not available to persons under the age of 18
without the express prior written permission of KM Radio /Kent
Messenger.
- All holidays must be taken within 6 months of the date of the
competition or will be deemed invalid.
- You must comply with the terms and conditions of the airline
and other transportation and venues involved in the Competition or
the Prize. In particular, you shall comply with all health and
safety guidelines and instructions and all applicable legal and
regulatory requirements.
- You are not entitled nor authorised in any way to commit KM
Radio/Kent Messenger to any contract, expense or cost entered into
or incurred without its advance written acceptance of the same. No
variation of these Terms is effective unless approved by an
authorised representative of KM Radio/ Kent Messenger in
writing.
- 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.
- Any flights, other transport, airport details, accommodation or
other aspects of the Prize, dates and times quoted by KM Radio/Kent
Messenger 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 they may incur in connection with the Prize beyond those
included in the Prize itself.
- The winner agrees to accept all blackout dates, space
availability, requirements etc established by our prize
partner(s).
- You must comply with and are responsible for attending to any
inoculation and health regulations required for your
destination.
Intellectual Property
- You hereby grant and assign to KM Radio/Kent Messenger the
entire copyright and other intellectual property rights in and/or
arising from your entry 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.
- 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.
- 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 KM Radio/Kent Messenger for its own use (in its
absolute discretion).
- In consideration of us agreeing to consider entrants to the
Competition, each entrant hereby assigns to us the complete
copyright and all other rights in any entry, which shall be for the
full period of copyright. We shall be free to assign such rights to
third parties.
- You hereby warrant that the information that you submit and/or
distribute will not infringe the intellectual property, privacy or
any other rights of any third party, and will not contain anything,
which is libellous, defamatory, obscene, indecent, harassing or
threatening and shall indemnify KM Radio/Kent Messenger for any
loss, damage or liability arising in connection therewith. If
relevant, we reserve the right, but not the obligation (and without
limiting our rights under your warranty and indemnity above), to
screen, filter and/or monitor information provided by you and to
edit, refuse to distribute or remove the same.
Liability
- KM Radio/Kent Messenger 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).
- We cannot accept any responsibility for any damage, loss,
injury or disappointment suffered by any entrant entering the
competition or as a result of accepting any prize. We are not
responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line systems, servers, or
providers, computer equipment, software failure of any email or
entry to be received on account of technical problems or traffic
congestion on the Internet, telephone lines or at any web site, or
any combination thereof, including any injury or damage to
entrant's or any other person's computer or mobile telephone
related to or resulting from participation or downloading any
materials in the Competition.
- It is agreed and accepted by you that KM Radio/Kent Messenger
shall have no liability whatsoever in respect to competitions
operated on behalf of third parties, eg. Sponsor.
Confidentiality
- You undertake not at any time to disclose, reveal, communicate
or otherwise make public any confidential information relating to
KM Radio/Kent Messenger, its business, personnel, servants, agents
or officers to anyone.
- You may not publicise your involvement in the competition or
the fact that you have won a prize without the prior written
permission of KM Radio/Kent Messenger.
General
- There is no fee payable to you in respect of your involvement
in the Competition.
- The Terms (unless otherwise expressly confirmed in writing by
KM Radio/Kent Messenger) 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 KM radio/Kent Messenger.
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.
- In the event that any provision of these terms are held to be
illegal, invalid, void or otherwise unenforceable it shall be
severed from the remaining provisions of these Terms which shall
continue in full force and effect.
- 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 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.
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