Sales and Competition Terms and Conditions
SALES TERMS & CONDITIONS
‘Act' means the Communications Act 2003 (as amended, modified or re-enacted from time to time) and any regulations made thereunder.
‘Advertiser' means the person, firm or company identified as such under the Agreement (including its successors in title and assigns).
‘Advertisng' means any advertising, promotional material or other content in any format whether audio only and/or audio visual (including scheduled advertisements, trailers, live reads, taglines or straplines) intended for broadcast or publication on any media platform by the Company in accordance with the Agreement whether as a stand-alone advertising campaign or advertising associated with Sponsorship and/or Promotions.
‘Advertising Agency' means a person, firm or company carrying on business involving the selection and purchasing of advertising space or time for persons wishing to advertise.
‘Agreement' means an agreement (written or oral) between the Advertiser and the Company for the booking of advertising time and/or on-air sponsorship and/or promotions (including, without limitation, a completed "Company Booking Confirmation", ‘Sponsorship and Promotions Agreement' or other record of such booking) and shall include these Conditions which shall be deemed incorporated therein. References to ‘booking' and ‘booked' shall be construed accordingly.
‘Ofcom' rneans the Office of Communications or any successor or competent regulatory body from time to time
‘Campaign' means the advertising time booked which is the subject of the Agreement and includes a Promotion whether associated with an advertising campaign or otherwise
‘'Company' means Radio Plymouth Ltd (company number 4808638) whose registered office is at 25 Lockyer Street, Plymouth, PL1 2QW including its successors in title, assigns and any group company, ‘group company' means any company of which Sunrise Radio Limited is the parent company (including, for the avoidance of doubt, where Sunrise Radio Limited sells advertising time on behalf of a third party).
‘Condition' means these terms and conditions for the time being in force (including any amendment under Condition 12.6)
‘Costs' means the costs specified in the Agreement (which are supplemental to the Fee) and other such costs and disbursements agreed by the Company and the Advertiser such as for commercial production and/or creative services in connection with a Promotion
‘Fee' means the fee for the Campaign and or Promotion as specified in the Agreement
‘Prizes' means the prizes to be supplied by the Advertiser (if any) in accordance with the Agreement
‘Promotion' means any sponsorship or promotion which is the subject of the Agreement and "Promotion Period" and "Pre-Promotion Period" shall be construed accordingly.
‘'Advertiser', shall hereinafter mean the person, firm or company by whom an order for an advertisement booking is placed and shall also mean and include the advertiser's successors in title and assigns.
‘advertisement copy' shall mean any advertising material, sponsorship tags, promotional trailers or other material intended for broadcast by the Company.
‘RACC' shall mean the Radio Advertising Clearance Centre" or any successor organisation.
‘Day' shall mean 9am to 5pm Monday to Friday inclusive except any public holidays.
2. Advertising Agents and Commission
2.1 An Advertiser who is an Advertising Agency shall contract as principal and will be responsible for the payment of all amounts under the Agreement and will be deemed to have full authority in all matters connected with the booking of advertising time or the amendment or approval of Advertising.
2.2 Agency commission of 15% (or such other amount determined by the Company) of the Fee (excluding VAT) is payable by way of deduction to a bona fide credit worthy Advertising Agency recognised by the Company (in its sole discretion). No agency commission is payable whilst sums remain due from the Advertiser after the due date for payment and no such commission shall be paid to or shared with any third party.
2.3 The amount of any commission shall be taken after any surcharge payable under the provisions of Condition 4 has been applied.
3. Acceptance of Terms and Conditions
3.1 The booking of the Campaign and/or the broadcast of Advertising will be deemed an unqualified acceptance of these Conditions by the Advertiser (whether or not the Agreement is confirmed in writing, it will be deemed accepted by performance). These Conditions shall govern and be incorporated into the Agreement and shall prevail over any other terms and conditions contained or referred to elsewhere (whether before or after receipt of these Conditions) or implied by trade custom, practice, course of dealing or law.
3.2 The Advertiser acknowledges that where the Company sells advertising time on behalf of a third party, the Company acts only as agent for the third party. The Advertiser's contract, rights and remedies will be with the third party (and not the Company) accordingly. For the purposes of this provision "third party" means any company that is not a Sunrise Radio Limited group company.
3.3 No terms or conditions other than those set out herein or any variation thereof agreed in accordance with condition 12 below shall be binding upon the Company or the advertiser unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.
4. Acceptance of Advertisement
4.1 Advertising will only be broadcast if it has been approved by the Company and if it complies with all relevant legal and regulatory requirements or codes of practice (whether voluntary or obligatory) relating to the Advertising or its broadcast and such technical requirements and other procedures as the Company may require. In particular, the Advertising must comply with the Act and any codes or regulations issued thereunder (and any amending or superseding codes or regulations from time to time)
4.2 Advertising which is being produced by the Company shall be sent to the Advertiser for its approval before the scheduled start of the Campaign or as otherwise agreed by the parties. The Advertiser shall approve such Advertising (approval not to be unreasonably withheld or delayed) or the Advertising shall be otherwise agreed no later than 3 clear working days before the scheduled start of the Campaign. Failure to do so may result in a delay or cancellation of the Campaign (in the Company's sole discretion) but shall not affect the Advertiser's obligation to pay the Fee (and Costs).
4.3 Advertising which is not being produced by the Company must be received by the Company not less than 5 working days before the scheduled start of the Campaign unless the Company agrees otherwise in writing. Receipt of such Advertising shall not be deemed to have been made until the Company's technical requirements and other procedures have been complied with (including, if so required by the Company, evidence that the Advertising has been approved by the Radio Advertising Clearance Centre or such other organisation approved by the Company from time to time). If Advertising is not received within the specified time (or is deemed not to have been received), the acceptance of Advertising will be in the absolute discretion of the Company and the Advertiser shall remain liable to pay the Fee (and Costs) for the entirety of the Campaign whether or not the Advertising is broadcast.
4.4 The extent and content of Advertising associated with a Promotion shall be within the Company's discretion (the Company will retain full editorial control), subject to the general substance of the same having been agreed with the Advertiser prior to broadcasting (such agreement not to be unreasonably withheld or delayed).
4.5 In respect of a Promotion, the Company will produce a promotional trailer ("the Trailer). The script for the Trailer shall be approved by the Advertiser (such approval not to be unreasonably withheld or delayed) in good time before the scheduled start of the Pre-Promotion Period. Failure to do so may result in a delay or cancellation of the Promotion (in the Company's absolute discretion) but shall not affect the Advertiser's obligation to pay the Fee (and Costs).
4.6 Advertising shall only be broadcast if:-
(i) the Advertiser has obtained all necessary licences and consents for the placement of any material protected by any intellectual property or other rights contained in the Advertising; and
(ii) the Advertising is not defamatory or slanderous of any third party or inaccurate or misleading or in contravention of any relevant legal or regulatory requirement or code of practice (whether voluntary or obligatory) relating thereto and does not infringe any rights of a third party
4.7 The Advertiser must comply with such technical requirements and other procedures as the Company may require in respect of the same. In particular (without limitation) any product claims contained in the Advertising must be capable of verification and, if requested by the Company, the Advertiser shall provide evidence of the same. For the avoidance of doubt, the Company shall have no liability or responsibility for verifying any such product claims or ensuring that the Advertising complies with this Condition 4.7.
4.8 The Company may (without incurring any liability whatsoever) amend or decline to broadcast the Advertising if, in the Company's opinion, the Advertising does not comply with Condition 4.6 or 4.7 or is otherwise unsuitable or inappropriate for broadcast (in the Company's absolute discretion) or Ofcom requires it to do so.
4.9 If the Company exercises its discretion pursuant to Condition 4.7, it will notify the Advertiser as soon as practicable who shall consult with the Company with respect to supplying alternative Advertising if appropriate. Should alternative Advertising not be appropriate or not accepted by the Company (or not be provided), the Advertiser shall remain liable to pay the Fee (and Costs) for the entirety of the Campaign whether or not the advertising time booked is used to broadcast the Advertising and the Advertiser shall have no claim against the Company for any expense or damage whatsoever incurred as a result thereof. If, pursuant to Condition 4.8, the Company has amended the Advertising, it shall supply a copy of the same to the Advertiser.
4.10 Acceptance of Advertising by the Company does not confer any right for the Advertiser to have a repeat order accepted on similar terms.
4.11 Advertisements broadcast within ten minutes of the segment booked may in circumstances which in the Company's opinion are exceptional be treated as having broadcast within the segment.
4.12 lf as a result of transmission failure an advertisement is broadcast on one frequency only but where is it was intended to be broadcast on more than one frequency the Company shall compensate the Advertiser in such manner as the Company shall deem reasonable.
4.13 ln the event of the Company's activities being restricted, curtailed or prevented by any other act or thing beyond the Company's control the Company may at any time not withstanding anything setout herein determine any contract without prejudice to the Company's right to be paid by the Advertiser any monies due and owing by the Advertiser to the Company at the time of such determination.
4.14 Subject to the provisions of condition 11 below, all bookings are accepted on the understanding that they will be paid for at the rates in force at the date of broadcast.
4.15 Advertisement copy received less than 3 working days before the contracted transmission date will be subject to a late copy fee of £10 per advertisement.
5.1 The Company reserves the right to modify the scheduled times and dates of the Campaign. If for any reason (other than by reason of the Advertiser's default or the exercise of the Company's discretion pursuant to Condition 4 above) Advertising is not broadcast as scheduled or is broadcast containing a material error, the Company will use all reasonable endeavours to offer to broadcast the Advertising at some other time/or some other date(s) which may be accepted instead by the Advertiser at no additional cost (but without prejudice to the Advertiser's obligation to pay the Fee). Save for such offer (whether or not the Advertiser accepts the same), the Advertiser shall have no claim against the Company in respect of failure or delay or partial broadcast of the Advertising or for any expense or damage whatsoever incurred as a result thereof (and this shall not affect the Advertiser's obligation to pay the Fee).
5.2 The Company accepts no 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 even if such damages are foreseeable and whether or not the Company has been advised of the possibility thereof. The maximum liability of the Company to the Advertiser for any and all breaches of the Agreement or any other liability arising under the Agreement (or tort including negligence or breach of statutory duty save in cases of death or personal injury) shall be the amount of the Fee under the Agreement.
5.3 Where a booking includes reference to a particular level of impact, no guarantee is given by the Company that the level of impact will be achieved. However, in certain circumstances and at the discretion of the Company, if for any reason (other than by reason of the exercise of the Company's discretion pursuant to Condition 4.7 the level of impact is not achieved, the Company may offer to broadcast further Advertising so as to make up the deficiency. If any such offer is not accepted the Advertiser shall have no claim against the Company for any expense or damage whatsoever incurred as a result thereof.
5.4 Any information provided by the Company to the Advertiser in respect of impacts achieved or Advertising broadcast is provided by way of information only and the Company gives no representation or warranty as to the accuracy or completeness thereof (and all warranties and representations are hereby excluded). The Company has no obligation to provide further information or to update any information already provided.
5.5 The Advertiser may request the Company to provide less than the agreed amount of Advertising upon giving the Company not less than 7 days' prior notice in writing but this shall not affect or otherwise discharge the Advertiser's obligation to pay the entirety of the Fee for the Campaign.
5.6 Advertisements broadcast within ten minutes of the segment booked may in circumstances which in the Company's opinion are exceptional be treated as having broadcast within the segment.
5.7 lf as a result of transmission failure an advertisement is broadcast on one frequency only but where is it was intended to be broadcast on more than one frequency the Company shall compensate the Advertiser in such manner as the Company shall deem reasonable.
5.8 ln the event of the Company's activities being restricted, curtailed or prevented by whatever means beyond the Company's control the Company may at any time determine the Agreement without prejudice to the Company's right to be paid by the Advertiser any monies due and owing by the Advertiser to the Company at the time of such determination.
6. The Promotion and Prizes
6.1 The Advertiser acknowledges that the Promotion is subject to the Company's programming approval and that all editorial decisions concerning the Promotion shall be at the sole discretion of the Company. The Company reserves the right (without incurring any liability whatsoever to the Advertiser) to make such changes or deletions to the Promotion as may be required by Ofcom or other competent regulatory authority. The Company shall keep the Advertiser informed of any significant changes.
6.2 If the designated presenter for the Promotion is unable or unwilling to present the Promotion or it is not possible to include the Promotion in the designated show, the Company reserves the right to substitute the designated presenter with another presenter or to substitute the designated show with another show (in the Company's discretion).
The Advertiser acknowledges that all copyright and other rights in the Promotion (other than in respect of Advertising) shall remain the sole property of the Company and that the Advertiser shall not acquire any rights in the Promotion. In particular (without limitation) the Company shall be entitled to retain all sums received from advertisements broadcast during commercial breaks in the Promotion.
6.3 The Advertiser will provide the Company with the Prizes (if any) no later than 28 days from the date the Prize is won or upon the Company's request whichever is earlier. The Advertiser acknowledges that the Prizes are an integral part of the Agreement. If the Company does not receive the Prizes within the specified time, the Company is entitled to invoice the Advertiser for the total amount of such Prizes at face value (as assessed by the Company), to be paid by the Advertiser no later than 7 days following the date of invoice. The Advertiser acknowledges that the Company will have no liability whatsoever in respect of any Prizes to be given away as part of the Promotion and shall indemnify the Company in respect of any claims, actions, loss and damages arising in from or in connection with the same (including loss of the Company's reputation and goodwill)
6.4 The Advertiser may request the Company to provide less than the agreed amount of Advertising upon giving the Company not less than 7 day's prior notice in writing but this shall not affect or otherwise discharge the Advertiser's obligation to the pay the entirety of the Fee for the Promotion.
6.5 Subject to the rights granted to Advertiser by the Company in any Advertising and/or Promotion created by or on behalf of the Company in writing under this Agreement, the Company shall retain the copyright and all other rights in such material absolutely.
7.Termination and Cancellation
7.1 Either party may terminate this Agreement by giving to the other notice in writing no later than 28 days before the scheduled start date of the Campaign or the scheduled start of the Pre-Promotion Period (in the case of a Promotion). Termination by the Advertiser will result in a cancellation charge of 50% of the Fee plus a reimbursement to the Company of all costs incurred to the date of termination in respect of the Campaign, payable in full by the Advertiser on the date of termination. For the avoidance of doubt, a termination notice received by the Company later than 28 days before the scheduled start of the Campaign or Pre-Promotion Period will result in the entirety of the Fee becoming due and immediately payable.
7.2 The Company may terminate the Agreement by giving notice in writing to the Advertiser no later than 3 days following acceptance of the booking under the Agreement.
7.3 The Company may terminate the Agreement immediately by notice in writing if the Advertiser
(i) Commits a material breach of its obligations under the Agreement which, if capable of remedy, is not remedied within 7 days after receipt of written notice requesting the same; or
(ii) Goes into liquidation either voluntary or compulsory (except as part of a bona fide scheme of reconstruction or amalgamation), is dissolved, compounds with its creditors or has a receiver or administrative receiver appointed over the whole or part of its assets
7.4 Termination does not affect a party's accrued rights and obligations as at the date of termination.
8.. Material and Property Liability
8.1 The Company will endeavour to use reasonable care in respect of any advertising material under the Agreement but shall have no liability whatsoever for the loss, damage or unauthorised use of the same (whether or not such material is provided by the Company). Advertising material may be destroyed by the Company after a period of three months following the end of the Campaign without further reference to the Advertiser whether or not the material is supplied by the Company, the advertiser or any third party.
9.. Fees, Costs and Payments
9.1 If the Advertiser is an approved credit customer of the Company, the Fee will be invoiced periodically as specified by the Company or, if no period is specified by the Company, the Fee will be invoiced monthly in arrears at the end of each calendar month for the duration of the Campaign, calculated by reference to the Advertising scheduled for broadcast during that month. If the Advertiser is not an approved credit customer of the Company (or loses its approved credit rating during the term of the Agreement) the Fee for the entirety of the Campaign will be invoiced on the date of the Agreement (or upon losing its credit rating) or as otherwise agreed in writing by the Company
9.2 Costs will be invoiced to the Advertiser at the end of the Campaign unless otherwise agreed by the Company and the Advertiser in writing. The amount of Costs which have not been quantified in the Agreement (or any variation to the amount of Costs as quantified in the Agreement) will be submitted to the Advertiser for its approval prior to expenditure (such approval not to be unreasonably withheld or delayed) where reasonably practicable. If the Advertiser unreasonably withholds or delays in giving its approval, this may result in a delay or cancellation of the Campaign (in the Company's discretion) but shall not affect the Advertiser's obligation to pay the Fee or other Costs.
9.3 Payment of invoices will be made in full within 7 days of the date of the invoice for advertising agencies and 14 days in respect of all other advertisers unless otherwise specified on the invoice by the Company. Payment is to be made in cleared funds in the same currency as the invoice and without any withholding, deduction, set-off or counterclaim whatsoever. In default of such payment, the Company is entitled (without prejudice to its other remedies) to immediately cease broadcasting the Advertising or halt the Promotion without any obligation to the Advertiser or claim against the Company. Time of payment is of the essence.
9.4 If any amount is not paid in full by the due date for payment, interest is payable on the outstanding amount at a rate of 10% per annum above the base lending rate from time to time of National Westminster Bank plc. Interest is calculated on a daily basis and accrues from the due date for payment until receipt by the Company of the full amount (including any accrued interest) whether before or after judgment.
9.5 The Advertiser shall pay to, or reimburse, the Company on demand, on a full indemnity basis, all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, printing and out-of-pocket expenses) incurred by the Company in connection with taking, holding, protecting, perfecting, preserving or enforcing (or attempting to do so) any of the Company’s rights under this Agreement or in taking proceedings for, or recovering, any amount due under this Agreement, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost or expense arose until full discharge of that cost or expense (whether before or after judgment, liquidation, winding up or administration of the Advertiser) at the rate of 10% per annum above the base lending rate from time to time of National Westminster Bank plc.
9.6 The existence of a query on any item in an invoice shall not affect the due date of payment of the balance of the invoice. The Advertiser must notify the Company of any query within 5 days of the date of invoice. Invoices may not be queried after this time. Any amount queried and withheld by the Advertiser will be subject to the full rate of surcharge in Condition xx above and will be payable as part of the settlement of the following invoice, unless resolved in favour of the Advertiser.
9.7 Any extension of credit allowed to the Advertiser may be changed or withdrawn at any time. For the avoidance of doubt, if the Advertiser ceases to be an approved credit customer of the Company, the Company reserves the right by notice in writing to invoice the Advertiser immediately for the outstanding amount of the Fee for the entirety of the Campaign.
9.8 The Company is entitled to set-off monies held by it for the Advertiser against any monies due by it to the Advertiser (and any Advertiser's group company) and is entitled to apply any monies held by it on behalf of the Advertiser in settlement of any monies due to it by the Advertiser.
9.9 If any amount is not paid in full by the due date for payment, the Company may (in its absolute discretion) elect not to accept any new bookings for advertising time from the Advertiser (whether for the same client or in respect of other clients).
The company will levy a charge on the Advertiser for any dishonoured payments such as returned cheques, failed standing orders etc at a rate of £50 (+VAT) per instance plus any other administrative costs the company may incur as a result of the dishonoured payment.
9.10 If payment is not received by the due date it reserves the right to charge an additional fee of £10 for any reminder that the Company may issue whether in writing or not to the advertiser. In the event that payment remains outstanding 14 days after the date of any reminder the Company reserves the right to visit the Advertiser's premises and collect any outstanding monies. The Company will charge an additional fee of £150 if such a visit is necessary to recover any outstanding fees. In the event that the Advertiser fails to abide by the agreed schedule of payments any and all discounts that have been applied to the advertising agreement will be disallowed and the Advertiser shall become liable for the Gross Amount due prior to the application of any discounts and this amount shall become due for payment immediately.
10. Warranties and Indemnities
10.1The Advertiser warrants and undertakes to the Company that:-
(i) It is responsible for obtaining, maintaining and paying for all necessary licences and consents for the transmission of any material protected by any intellectual property or other rights contained in the Advertising or the Promotion
(ii) the Advertising or the Promotion will not infringe the copyright or other rights of or be defamatory, libelous or slanderous of any third party or be inaccurate, misleading, obscene or offensive or in any way contravene any relevant legal or regulatory requirement or code of practice (whether voluntary or obligatory) from time to time governing or relating to the Advertising or its broadcast and will not infringe any rights of a third party.
10.2 The Advertiser undertakes to the Company that the products or services which are the subject of the Promotion and/or which are reasonably associated with the Promotion are safe and fit for their intended purpose and comply with all legal and regulatory requirements or codes of practice (whether voluntary or obligatory) in respect of the same.
10.3 The Advertiser will indemnify and keep the company indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities (including legal and other professional fees and damages for loss of reputation and goodwill) arising from any breach of the above warranties or in any manner whatsoever resulting from the use or broadcast of the Advertising or the Promotion.
10.4 The Advertiser shall notify the Company forthwith on it becoming aware of any fact or circumstance which would constitute a breach of Conditions 10.1 or 10.2.
10.5 The Advertiser shall indemnify the Company and their employees and agents, on a full indemnity basis against any cost, charge, expense, tax, loss, liability or damage incurred by any of them as a result of any default or delay by the Advertiser in performing any of its obligations under this Agreement.
11. Publicity and Information
11.1 The Advertiser shall not publish any information in connection with any advertisement which has been broadcast or is scheduled to be broadcast without the written consent of the company which will not be unreasonably withheld.
12. Changes of Rates and Conditions
12.1 The Company reserves the right to change the advertisement rates, time segments, classifications or any of these terms and conditions by giving not less than 28 days notice and in the event of such a change the rates payable and the terms and conditions applicable shall be those in force at the time of broadcast but the Advertiser shall, by serving written notice on the Company within l0 days of receiving notice of such change, be entitled to cancel the contract to which the changes notified would otherwise be applicable.
12.2 The Company may from time to time make special charges and / or conditions for certain types of advertisements or for bookings at certain specified periods.
13. Value Added Tax
13.1 V.A.T. will be charged at the rates prevailing at the taxpoint
14. Force Majeure
14.1 The Company shall have no liability to the Advertiser if it is prevented, hindered or delayed in carrying out any of its obligations under the Agreement by any law or regulatory order, rule or regulation or by any other act or thing beyond the Company control (including but not limited to strike, lock-out, malicious damage, breakdown of plant, software or machinery, accident, fire or flood or death of royalty).
14.2 The Company may (without any right of the Advertiser to bring a claim against the Company) extend the time period for performance of the Agreement to take account of such force majeure or terminate the Agreement with immediate effect by written notice. If the force majeure continues for more than one month, the Company may terminate the Agreement with immediate effect by written notice. For the avoidance of doubt, any such termination shall be without prejudice to the Company right to be paid any accrued amounts as at the date of termination.
15.1 Any notice under the Agreement shall be in writing and sent by recorded delivery post, by-hand delivery, first-class post or by fax at the last known address or fax number from which one party has communicated with the other in connection with the Agreement and, if sent by first class post, shall be deemed to have been received 36 hours after posting. In the case of the service of a notice by Advertiser upon the Company, any such notice shall be addressed for the urgent attention of the Company Secretary.
15.2 The Advertiser may not assign or transfer any of its rights or obligations hereunder without having obtained the Company's prior written consent.
15.3 The Advertiser shall not without the prior written consent of the Company publish any information in connection with any Advertising which has been broadcast or is scheduled for broadcast.
15.4 The invalidity, illegality, or unenforceability of the whole or part of a Condition does not affect or impair the continuation in force of the remainder of these Conditions.
15.5 The Company shall be entitled to refer to the Advertiser's association with the Company and the Advertising placed hereunder to promote the Company and its advertising and sponsorship business generally.
COMPETITION TERMS & CONDITIONS
1) Competitions are open to residents of Great Britain only. Employees of Radio Plymouth Ltd, their families, agencies, or anyone else directly connected with the competition are not eligible to enter.
2) By entering any competition all participants will be deemed to have accepted and be bound by the rules. All entry instructions form part of the rules.
3) All prizes are subject to availability. There will be no cash alternative.
4) Source material utilised by our question compilers will be taken as correct. The decision of the Radio Plymouth judges is final and no correspondence will be entered into.
5) Callers are not necessarily entitled to participate in the on-air competition and will not necessarily appear on-air in the order in which they are called. Radio Plymouth is not obliged to reimburse callers for telephone charges when either on hold or on air.
6) Entry into the competition is deemed as agreement to take part in publicity accompanying or resulting from the competition.
7) Responsibility cannot be accepted for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt.
8) In the case of a prize draw, the first correct entry drawn will be the winner.
9) Entries will become the property of Radio Plymouth and will not be returned.
10) Entry into the competition is free and Lottery and Gaming regulations do not apply.
11) No liability will be accepted on the part of Radio Plymouth, its co-promoters or agents for any loss, illness or injury resulting directly or otherwise from participation in any competition or promotion.
12) No liability on the part of Radio Plymouth, its co-promoters or agents will be accepted for any action, civil or otherwise, taken against individual participants in the promotion.
13) Entrants into the promotion have no claim whatsoever to any intellectual or other property connected to any promotion, which remains in the sole ownership of Radio Plymouth.
14) No promotional activity with any 3rd party, can be undertaken by any participant, before or after the promotion, without the express written consent of Radio Plymouth.
15) Collusion with other participants is strictly prohibited and may result in immediate disqualification.
16) Entrants may be required to take part in future promotional activity exclusively for Radio Plymouth before/during and/or after the promotion in connection with the promotion.
17) Radio Plymouth reserves the right to amend these Terms and Conditions without notification. Acceptance of these Terms and Conditions also apply to any subsequent revision, whether notified or not.
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