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 Media Group Limited, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) ("us", "we", "our" "KM Media Group Limited.").
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
Entrants must be residents of the United Kingdom and must be aged 18 years or over at the time of entry, unless specified in the Competition.
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.
To qualify to participate in the Howletts/ Port Lympne Summer Competitions you must be a resident in Berkshire, Cambridgeshire, Essex, Kent, Hertfordshire or Suffolk to be eligible to win any prize.
Employees of KM Media Group Limited (and their 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 Media Group Limited 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 Media Group Limited 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, however charges may apply to some entry routes.
Where entry options include phone-paid services (such as SMS or DCB Direct Carrier Billing), costs will be clearly stated in the Competition Notice. Along with details of a free route of entry where applicable.
Where charges may apply, entrants must have permission from the bill payer before entering.
Failure to pay an applicable fee (for example a charge for a phone-paid service) may result in the entry being disqualified.
Entries via SMS must include the user's name and postcode.
Where entries are made via a coupon or form, all fields must be completed. It is not acceptable to submit photocopies. Photocopies will be void.
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.
Source material used by KM Media Group Limited question compilers shall be taken as correct.
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 or within 28 days of the closing date. 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 or within 28 days of notification if not stated. 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 Media Group Limited 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 Media Group Limited. 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 Media Group Limited.
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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited 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 Media Group Limited, 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 Media Group Limited.
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 Media Group Limited) 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 Media Group Limited. 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.
