1.1 These Terms and Conditions (General Contest Rules) shall be binding on you (and your guests where applicable) when entering any competitions operated by YorkMix Radio (York Sound Ltd), its sponsor or any company, charity, organisation or website owned or controlled by YorkMix Radio.
1.2 These General Contest Rules apply to all YorkMix Radio contestants. YorkMix Radio may amend them from time to time. Special Terms and Conditions may apply to particular contests, in which case an addendum to these General Contest Rules will be made.
1.3 No purchase or payment is necessary to enter an YorkMix Radio competition and copies of Contest Rules are available on request from YorkMix Radio.
1.4 Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms.
1.5 You must pass a copy of these Terms to your guests (if applicable) and ensure they comply with them.
2.1 You must be ordinarily resident in the United Kingdom and live within York or North Yorkshire. We may provide a list of United Kingdom postcodes from which entries will be accepted upon request. Employees of YorkMix Radio, their families, press, agencies or any persons directly or indirectly connected with the competition or YorkMix Radio are not eligible to enter any competition.
2.2 Unless otherwise specified, no person may enter a competition more than once.
2.3 You may not enter a competition if, on the date the prize is announced, you, any member of your household or immediate family have won a prize:
- valued at £30 or more in the previous 30 days; or
- valued at £500 or more in the previous 90 days; or
- valued at £5,000 or more in the previous 12 months
2.4 Unless otherwise stated you must be at least 18 years old, and if requested to do so, provide proof of your age.
2.5 You must provide personal details as reasonably requested to do so by YorkMix Radio. Refusal to comply will result in disqualification from the contest.
3. Health and Safety
3.1 By entering a competition you agree to these Terms and Conditions and you confirm and warrant that to the best of your knowledge your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the competition.
3.2 You agree to co-operate and comply with all reasonable requests of YorkMix Radio and its agents and employees (in particular with respect to health and safety) in connection with the competition and its broadcast.
3.3 You must take all reasonable steps to ensure your own health and safety. Any conduct or behaviour, act or conduct by you that YorkMix Radio considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation, any abusive behaviour, physical or verbal).
3.4 All activities are undertaken at your own risk. You must notify YorkMix Radio of any medical or other condition which may mean that you are unfit for travel or participation in the Contest as soon as you become aware of such a condition. YorkMix Radio reserves the right to forfeit your place in the Contest 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 contest.
3.5 You confirm you are not taking any medication (excluding prescribed) and will not do so during the contest.
4.0 Winners will be formally notified (by email, post or telephone) within 28 days of the closing date. Where contact with the “winner” is not straight forward (the means of contact given by the entrant), YorkMix Radio will endeavour to contact the “winner” through other means, if available. YorkMix Radio accepts no liability for the safe and effective delivery of prize notifications. 4.1 All prizes must be collected within three months from the date of winning. After that time, unclaimed prizes will be deemed null and void. YorkMix Radio will not notify winners of the time remaining. It is the sole responsibility of winners to collect their prize.
4.2 Prizes must be collected in person unless otherwise advised by a member of staff at YorkMix Radio or its associated companies. Identification that includes a photograph (driver’s licence, passport, student card) will be required. Where prizes are posted out, YorkMix Radio accepts no liability for the safe and effective delivery of a prize.
4.3 In certain situations, and subject to the absolute discretion and prior notification of YorkMix Radio, a winner may nominate a designated representative to collect the prize. The representative will be asked to provide written authorisation from the winner and identification for both the winner and the representative.
4.4 Winners under the age of 18 must be accompanied by a parent or guardian when collecting their prize. Both the winner and their parent/guardian must provide photographic identification.
4.5 Where a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with at the absolute discretion of YorkMix Radio.
4.6 All prizes are accepted entirely at the risk of the winner and YorkMix Radio excludes all warranties in connection with any prize. YorkMix Radio is not liable for any costs relating to the collection of prizes or and add-on required i.e. travel, accommodation, etc.
4.7 Prizes are not transferable, must (where applicable) be used on the dates specified and may not be redeemed for cash.
4.8 If a specified prize becomes unavailable, YorkMix Radio may substitute a replacement prize at its absolute discretion. In such an instance, YorkMix Radio will endeavour to ensure the substitute prize is of equal or greater value to the original prize.
4.9 YorkMix Radio, its agencies, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or claims, liability, loss or damage arising out of or in connection with any contest promoted by YorkMix Radio.
4.10 – Holiday prizes:
4.10.i Prizes must be taken in accordance with the dates, destinations and number of passengers specified by YorkMix Radio. There will be no cash alternative and no alternative destination.
4.10.ii Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least six months’ further duration (unless longer is required by the destination country), or your competition entry will be invalid.
4.10.iii Unless otherwise specified, the class of travel for any travel prize incorporating a rail or airfare is economy class.
4.10.iv Holidays are not available to persons under the age of 18 without the express prior written permission of YorkMix Radio. Children between the ages of 12 and 16 are considered to be adults for the purposes of airfares. 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.
4.10.v In the event of unforeseen circumstances or circumstances outside YorkMix Radio’s reasonable control, YorkMix Radio reserves the right to offer an alternative prize of equal or greater value. No cash will be offered.
4.10.vi Unless otherwise specified all holidays must be taken within 6 months of the date of the contest or will be deemed invalid.
4.10.vii You must comply with the terms and limitations of any insurance policy relating to the holiday.
4.10.viii You must comply with the terms and conditions of the airline and other transportation and venues and agents involved in the Contest or the Prize. In particular you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
4.10.ix You are not entitled nor authorised in any way to commit YorkMix Radio to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
4.10.x 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.
4.10.xi Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by YorkMix Radio 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 (or another port), meals and drinks).
4.10.xii You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
4.11 Winners are responsible for any and all taxes payable as the result of a prize being awarded or received.
4.12 If in the course of a contest:
- a telephone line breaks up or drops out; or
- there is a dispute arising out of the use of telephone lines in a contest (including situations where multiple telephone lines are used); or
- two telephone lines are crossed during a phone-in contest;
YorkMix Radio in its absolute discretion
- may disqualify the relevant caller or callers;
- will not be responsible for awarding a prize to the relevant caller or callers; and
- may award the prize to another person according to its absolute discretion.
4.13 All winners of all prizes must agree to these general Competition Terms and Conditions and any YorkMix Radio special Terms and Conditions by entry as prescribed by YorkMix Radio in order to claim their prize. This is at the discretion of YorkMix Radio where prizes are posted to winners.
4.14 Where the prize on offer is a motor vehicle entrants must possess a full driving license for that class of vehicle. Unless otherwise specified road tax and motor insurance is and remains the responsibility of the winner.5. The Competition/The Contest
5.1 YorkMix Radio does not accept responsibility for entries lost, damaged or delayed in transit (by post, telephone, internet or email) to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an email has been sent be accepted as proof it has been received).
5.2 Source material utilised by YorkMix Radio’s question compilers shall be taken as correct. No responsibility is accepted for inaccurate prize details supplied by sponsors or any other party.
5.3 Fraudulent, illegible or incorrect entries will not be accepted (at the absolute discretion of YorkMix Radio).
5.4 The decision of YorkMix Radio’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
5.5 YorkMix Radio may terminate any contest at any time at its absolute discretion. In the event of such termination, YorkMix Radio may, at its absolute discretion, elect not to award any prize in respect of the terminated contest.
5.6 All entries become the property of YorkMix Radio and will not be returned to you unless otherwise stated.
5.7 In the case of a prize draw, at YorkMix Radio’s absolute discretion the first correct entry draw will be the winner unless otherwise stated.
5.8 The judges (an authorised representative of YorkMix Radio, its associated or Group companies) decision will be final an absolutely no correspondence will be entered into.
5.9 Where a competition requires the presence of an entrant, failure to appear will result in the forfeit of any prize opportunity although, in some cases at the discretion of YorkMix Radio and with prior agreement, a substitute candidate may be able to appear.
6.0 The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day.6. Confidentiality
6.1 You undertake not to disclose, reveal, communicate or otherwise make public to anyone at any time any information relating to YorkMix Radio, its business, personnel, servants, agents or officers.
6.2 You may not publicise your involvement in the competition, or the fact that you have won a prize, without the prior written permission of YorkMix Radio.7. Publicity
7.1 Competitors may be required by YorkMix Radio to participate in a photo, video and/or film session, and acknowledge that YorkMix Radio and companies within its Group has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit, unless that person informs YorkMix Radio at the time of entering the competition that he or she wishes to retain his or her anonymity.
7.2 Contest entries and material submitted in connection with any contest (whether in written, audio, electronic or visual form, or any combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors become the property of YorkMix Radio, which may use the material in any medium and in any reasonable manner it sees fit including the distribution to other companies within its Group. Copyright in any such material remains the sole property of YorkMix Radio.
7.3 YorkMix Radio may publicise, broadcast or otherwise disclose a competitor’s name, character, likeness, statements or any recording of his or her voice in advertising or promotional activities concerning a specific contest, or YorkMix Radio contests generally. YorkMix Radio may promote or advertise that a winner has won a contest.
8.1 YorkMix Radio is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes, other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by YorkMix Radio or death or personal injury arising out of such negligence.
8.2 YorkMix Radio shall have no liability in respect of competitions operated on behalf of third parties (for example, sponsors) except in respect of death or personal injury directly attributable to YorkMix Radio’s negligence.
8.3 YorkMix Radio accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for any special, direct, indirect or consequential loss of any nature howsoever arising.
8.4 YorkMix Radio shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
9.1 These rules shall be governed and construed in accordance with English Law.
9.2 Where YorkMix Radio has special contest Terms and Conditions in relation to a particular contest, then they (the special terms and conditions) will prevail in the event of inconsistency between those special contest Terms and Conditions and these General Contest Rules.
9.3 Persons under the age of 18 are deemed minors and are ineligible to enter any contest where the prize consists of a vehicle or alcohol, or where the Special Contest Terms and Conditions otherwise provide.
9.4 A failure by YorkMix Radio to enforce any of these contest rules in any instance(s) will not give rise to any claim by any individual.
9.5 Special restrictions or qualifications may apply to particular contests, in which case an addendum to these General Contest Terms and Conditions will be made.
9.6 YorkMix Radio may change these General Contest Terms and Conditions at any time.