- 1.1 In these General Competition Rules
- 1.1.1 Competition means a competition pursuant to which prizes of varying kinds may be offered and which is governed by these rules;
- 1.1.2 Competitor means a person who enters or seeks to enter or participate in a Competition;
- 1.1.3 Station refers to the radio station or stations undertaking a Competition.
- 1.2 These General Competition Rules say who is eligible to enter a Competition, how prizes will be awarded and how they may be claimed. In addition to the General Competition Rules, other specific terms and conditions may also apply to a particular Competition (Specific Competition Rules). Any Specific Competition Rules applicable to any Competition will be posted on the web site of the Station and will be made available at the Stations reception desk.
- 1.3 To the extent that there is an inconsistency between the General Competition Rules and the Specific Competition Rules, the Specific Competition Rules prevail.
- 1.4 A person who enters a Competition thereby agrees to be bound by:
- 1.4.1 these General Competition Rules; and
- 1.4.2 the Specific Competition Rules.
2 CONDUCT OF COMPETITIONS
At all times a Competition will be conducted by the Station in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a prize in a Competition). A decision of the Station is binding and conclusive and will not be challenged on the grounds that the Station failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. A decision of the Station will not be challengeable even if it can be demonstrated that the Station made a decision which was wrong, based on a factual error or an irrelevant or irrational consideration. It is not the policy of the Station to enter into negotiations with any person who challenges a decision of the Station.
- 3.1 Any person may enter a Competition, except for the following:
- 3.1.1 a person who does not meet all of the eligibility requirements applying to the Competition;
- 3.1.2 an employee, officer, servant, agent or associate of the Station, or of its related bodies corporate;
- 3.1.3 a direct family member of a person referred to in paragraph 3.1.1 above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person);
- 3.1.4 a person who is not ordinarily or usually resident in Ireland;
- 3.1.5 a person who has refused to provide all or any of the Personal Information (as defined in clause 4.11) requested by the Station, in the absolute discretion of the Station;
- 3.1.6 a competitor of the Station or of any of its related bodies corporate;
- 3.1.7 an employee, officer, servant, agent or associate, a person referred to in paragraph 3.1.6 above;
- 3.1.8 a direct family member of a person referred to in paragraph 3.1.7 above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person); and
- 3.1.9 any other person or class or persons prescribed by the Station in any Specific Competition Rules.
- 3.2 For the purpose of clause 3.1.6 a person will be taken to be a competitor of the Station or any of its related bodies if that persons employer competes (directly or indirectly) for listeners of, or advertisers with, the Station or a related body corporate of the Station, as the case may be.
- 3.3 For the avoidance of doubt and without limitation, a person described in clause 3.1:
- 3.3.1 has no entitlement, right or interest in Competition for which the competitor is ineligible, even if by the oversight of the Station or for any other reason an entry submitted by that person is accepted or received by the Station; or any prize awarded in relation to Competition for which competitor is ineligible, even if that person is announced as the winner of the prize; and
- 3.3.2 will be required at the direction of the Station to return, refund or otherwise make restitution of any prize awarded to that person by the Station in relation to a Competition for which he or she is ineligible.
- 3.4 The Station reserves the right at all times and in its absolute discretion to withdraw an announcement that a person described in clause 3.1 has won a prize in a Competition for which he or she is ineligible.
- 3.5 Where a Competition requires that a Competitor undertake or successfully complete a challenge, the Station may refuse to permit a Competitor to participate in the challenge unless the Competitor (and the Competitors parent or guardian if the challenger is a minor) first executes a deed of release and indemnity in a form specified by the Station.
4 COMPETITION ENTRIES
- 4.1 The Station may in its absolute discretion accept entries in a Competition by one, some or all of the following means:
- 4.1.1 telephone;
- 4.1.2 facsimile;
- 4.1.3 e-mail;
- 4.1.4 Short-Message-Service (SMS) message;
- 4.1.5 through the Web-Site;
- 4.1.6 submits an entry form made available by the stations; and
- 4.1.7 any other means, and using any technology, that the Station (in its absolute discretion) thinks fit.
- 4.2 The Station may prescribe the means by which it will accept entries in a particular Competition in any Specific Competition Rules applicable to that Competition. The Station is under no obligation to accept entries by any or all of the means described in clause 4.1. The fact that the Station has accepted one or some entries by one of the means described in clause 4.1 does not mean that it is required to do the same in relation to other entries.
- 4.3 For the purpose of these General Competition Rules (including without limitation clause 1.4), a person will be taken to have entered a Competition when he or she:
- 4.3.1 is connected by telephone line to the Station;
- 4.3.2 successfully transmits a facsimile to the Station;
- 4.3.3 sends an e-mail to the Station;
- 4.3.4 sends a SMS message to the Station; or
- 4.3.5 submits an entry form
- 4.4 By participating in the Competition, a Competitor consents and agrees to undertake and participate in any media or promotional activities selected by the Station in its absolute discretion for the benefit of the Station (including participating in a sound recording, photograph, video, or film session, and the broadcasting or transmission by any means of any of the foregoing) and in such activities agrees to:
- 4.4.1 express a positive view of the Station, its Related Bodies Corporate, the operations of the Station or its related bodies corporate and the Competition (including without limitation, the Competitors participation in the Competition); and
- 4.4.2 refrain from expressing a negative or disparaging view of the Station its related bodies corporate, the operations of the Station or its related bodies corporate and the Competition (including without limitation, the Competitors participation in the Competition).
- 4.4.3 SMS entry is available via compatible mobile phones which are connected to a mobile network and participating service providers. By SMS-ing the Stations to participate in the Competition, in consideration of the opportunity to participate in the Competition and other valuable consideration, each Contestant agrees to be bound by and observe the Competition Rules. No responsibility accepted for late, lost or misdirected entries. All entries are deemed to be received, at the time of receipt into the promoter's database NOT time of transmission by the entrant. Entrants must ensure that all care is taken when dialing, sending messages or mailing entries for a promotion. It is the entrant's responsibility to ensure that they dial or SMS the correct number. The Promoter will not be liable for costs incurred, responses received or any other consequences of user error.
- 4.5 A Competitor must not participate in or in any way be involved in or with (directly or indirectly) any media publication, broadcast or other activity (including without limitation any activity involving radio, print, television or the internet) for the purpose of, or which involves, discussing, commenting on, expressing a view of or giving an account of the Station, its operations, its related bodies corporate or a Competition (including without limitation, the persons participation in the Competition), without the prior written consent of the Station, which may be granted, refused or granted subject to conditions in the Stations absolute discretion. The Competitor agrees that in any such activities he or she will:
- 4.5.1 express a positive view of the Station, its Related Bodies Corporate, the operations of the Station or its related bodies corporate and the Competition (including without limitation, the Competitors participation in the Competition); and
- 4.5.2 refrain from expressing a negative or disparaging view of the Station its related bodies corporate, the operations of the Station or its related bodies corporate and the Competition (including without limitation, the Competitors participation in the Competition).
- 4.6 By participating in the Competition, the Competitor acknowledges and agrees that the Station and any party authorised by the Station (an Authorised Party) may record and/or broadcast and/or transmit and/or publish in any format (including without limitation, audio or visual format whether live, real-time or still, and whether in a format which involves words or pictures or both, or any combination of the foregoing) any aspect of the Competition in any place and in any medium including (without limitation):
- 4.6.1 the Competitors name and personal details;
- 4.6.2 the Competitors participation in the Competition
- 4.6.3 the process by which he or she was selected by the Station as a Competitor;
- 4.6.4 the Competition;
- 4.6.5 any promotional activities undertaken with respect to the Competition; and
- 4.6.6 any other activities pursuant to or in connection with the Competition.
- 4.7 The Competition (including without limitation, the Competitors participation in the Competition), entries and material submitted in connection with any Competition (whether in written, audio, electronic, visual (still or moving) or other form, or any combination of them) or any photographs, video, film footage or audio recording taken of a person who enters a Competition, together with any intellectual property rights associated with them, are at all times the property of the Station. The Station may use that material and any intellectual property rights in it in any medium and in any manner it sees fit. For the avoidance of doubt copyright in any such material becomes and remains the sole property of the Station.
- 4.8 A person participating in or winning a Competition acknowledges that he or she may suffer defamatory, negative or other derogatory comment made by the Station or any other person in connection with undertaking or participating in the Competition which comment may be broadcast by the Station or an Authorised Party, in its absolute discretion, in any form, at any time and from time-to-time.
- 4.9 If in the course of a Competition:
- 4.9.1 a telephone line or internet connection breaks up, drops out or otherwise fails; or
- 4.9.2 the contestant is unavailable to be contacted at the time; or
- 4.9.3 there is a dispute arising out of the use of telephone lines or internet connection (including situations where multiple telephone lines or internet connections are used); or
- 4.9.4 two telephone lines are crossed during a Competition, the Station, in its absolute discretion, may:
- 4.9.5 disqualify the relevant person from the Competition; and
- 4.9.6 award the prize to another person.
- 4.10 If an event described in clause 4.8 arises and a person is disqualified from a Competition:
- 4.10.1 the Station will not be responsible for awarding a prize to that person; and
- 4.10.2 the decision of the Station will be final and conclusive and no discussion or correspondence will be entered into.
- 4.11 A Competitor may be required to submit personal or confidential information about himself or herself (including without limitation his or her name, address, telephone number, e-mail address, marital status, occupation, spending preferences or any other such information) (Personal Information) to the Station. The Station may:
- 4.11.1 record and use the Personal Information for its own marketing, planning, product development, promotional and research purposes; and
- 4.11.2 refuse to accept an entry which does not contain all or any of the Personal Information requested by the Station.
- 4.12 A Competitor releases from and indemnifies the Station from and against, all liability, cost, loss or expense arising out of acceptance of any prize or participation in any Competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
- 5.1 Prizes in a Competition will be awarded in the absolute discretion of the Station. For the avoidance of doubt, a decision in relation to a prize in a Competition is subject to clause 2.
- 5.2 It is a condition to claiming a prize in a Competition that the person claiming the prize:
- 5.2.1 is eligible to enter Competition to which the prize relates under clause 3.1;
- 5.2.2 is announced by the Station as the winner of that prize by radio broadcast, newspaper advertisement or on the Web-Site or through any other means;
- 5.2.3 demonstrates to the satisfaction of the Station that he or she is the winner of the prize (for example, by producing photo-identification, such as drivers licence or passport);
- 5.2.4 is not prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner; and
- 5.2.5 has complied with any request made by the Station under the General Competition Rules or any Specific Competition Rules which apply to that Competition, including without limitation a direction under clauses 4 or 5.9.
- 5.3 For the purpose of clause 5.2.4 if it is a requirement of law that a person be of a minimum age to be able to lawfully use or otherwise enjoy the prize in question, the person claiming the prize must demonstrate to the satisfaction of the Station that he or she is at least the age required by law for that purpose (eg, by drivers licence, passport or other means) and may be required by the Station to sign a declaration to that effect. Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, the Station may, in its absolute discretion, award the prize to the winners lawful parent or guardian.
- 5.4 All prizes must be collected within 3 months of the date on which the prize was won. After that time, unclaimed prizes will be dealt with according to legislative requirements. The Station is under no obligation to notify a winner in person of the fact that he or she has won a prize or of the amount of time he or she has to collect the prize. At all times, it is the sole responsibility of the winner to establish whether he or she has won a prize and to collect his or her prize.
- 5.5 All prizes must be claimed in person from the Station at the Stations operating headquarters unless the winner is otherwise advised by the Station.
- 5.6 In exceptional circumstances, the Station may elect in its absolute discretion to deliver the prize to the winner by post or courier or by other means. However, no responsibility will be accepted by the Station for the safe and effective delivery of the prize. The winner accepts all risk in relation to the safe and timely delivery of the prize.
- 5.7 Subject to acceptance by the Station in its absolute discretion, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and produce photo identification which demonstrates to the satisfaction of the Station that he or she is the winners representative.
- 5.8 If a winner fails to collect a prize within the prescribed time limit or chooses not to accept a prize, that person irrevocably relinquishes all right, title or interest in the prize. All claims to that prize will be dealt with by the Station in its absolute discretion. A winner will be deemed to have won a prize in a Competition on the day referred to in clause 5.2.2 notwithstanding their failure collect it.
- 5.9 If requested to do so by the Station, the winner of a prize under a Competition must, before receiving that prize:
- 5.9.1 sign a copy of the General Competition Rules and any Specific Competition Rules; and
- 5.9.2 execute a Deed of Release and Indemnity in the form prescribed by the Station releasing and indemnifying the Station in respect of any liability of the Station in connection with the Competition under which he or she has won the prize and any liability in connection with the acceptance, use and enjoyment of the prize; and
- 5.9.3 sign a form declaring that he or she has received and accepted the prize.
- 5.10 Nothing in clause 5.9 affects the time at which the Competitor is taken to have agreed to be bound by the General Competition Rules or the Specific Competition Rules, which is deemed to be the date and time when the Competitor submitted an entry or first sought to participate in the Competition.
- 5.11 If the winner of a prize is a minor (ie under the age of 18 years) on the date he or she wishes to collect the prize, that person must be accompanied by a parent or guardian. Both the winner and the parent or guardian may be required to:
- 5.11.1 produce photo-identification to establish their identities to the satisfaction of the Station
- 5.11.2 sign a copy of the General Competition Rules and any Specific Competition Rules; and
- 5.11.3 execute a Deed of Release and Indemnity in the form prescribed by the Station releasing and indemnifying the Station in respect of any liability of the Station in connection with the Competition under which he or she has won the prize and any liability in connection with the acceptance, use and enjoyment of the prize; and
- 5.11.4 sign a form declaring that he or she has received and accepted the prize.
- 5.12 Any prizes won in a Competition are not transferable and are not redeemable for cash. In applicable cases, the prize must be used on the dates specified and in the manner directed by the Station.
- 5.13 All prizes are accepted entirely at the risk of the winner, and the Station excludes all warranties in connection with any prize (including representations as to merchantability and fitness for purposes) to the extent permitted by law.
- 5.14 The Station, its officers, employees, servants, agents, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, liability, loss or damage (whether foreseeable or not) arising out of or in connection with any Competition, whether caused by the negligence of any of the aforementioned or not.
- 5.15 If a specified prize becomes unavailable, the Station may substitute a replacement prize in its absolute discretion. If the prize involves the winner meeting or attending a function with a celebrity or other figure, the Station accepts no responsibility or and shall not be liable because of the failure of the winner to meet that person for whatever reason. If the prize consists of a ticket(s) to an organised event which is subsequently cancelled by the events organisers, for any reason, the Station is not obliged to provide an alternative/replacement prize/ticket(s) (in some circumstances the original ticket(s) may be usable on a rescheduled date for the event).
- 5.16 Prizes only include the provision of items and payment of costs which are expressly listed as being included in the prize. The winner of the prize will be responsible to meet all other requirements and costs at his or her expense. Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.
- 5.17 If a person who has entered a Competition wins a prize in a Competition, that person is responsible for any and all taxes payable as a result of a prize being awarded or received.
- 6.1 The Station may enforce the General Competition Rules and any Specific Competition Rules in its absolute discretion. If the Station in its discretion decides not to enforce the General Competition Rules or any Specific Competition Rules it will not give rise to any claim by any person.
- 6.2 The Station reserves the right to regard itself as bound by the General Competition Rules and any Specific Competition Rules as it sees fit and in its absolute discretion.
- 6.3 The Station may extend the time for, vary or terminate any Competition at any time in its absolute discretion. In the event of such termination, the Station may in its absolute discretion elect not to award any prize in respect of the terminated Competition.
- 6.4 These General Competition Rules and any Specific Competition Rules may be varied by the Station at any time. The Station accepts no responsibility for and will not be liable because of any reliance placed on the General Competition Rules or any Specific Competition Rules before they were varied.
* Exclusion of Liability: Entrants to competitions on Sunshine 106.8 agree that the Promoter shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the prize(s), and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsors assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsors are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsors reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsors are prevented from awarding prize(s) or continuing with the Contest as described herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsors shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsors will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Unless the contrary intention appears, a reference in these rules to:
- 7.1 (variations or replacement) a document (including this agreement) includes any variation or replacement of it;
- 7.2 (clauses, annexures and schedules) a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement;
- 7.3 (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- 7.4 (law) law means common law;
- 7.5 (singular includes plural) the singular includes the plural and vice versa;
- 7.6 (person) except where the context requires otherwise, the word person includes a natural person, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency, and includes the persons executors, administrators, successors, substitutes (including persons taking by novation) and assigns;
- 7.7 (Euro) Euro dollars, euro, euros, or Eur, is a reference to the lawful currency of Ireland;
- 7.8 (calculation of time) if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
- 7.9 (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
- 7.10 (meaning not limited) the words include, including, for example or such as are not used as, nor are they to be interpreted as, words of limitation; and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
8. HOLIDAY PRIZES
8.1 Due to their complexity, these additional terms apply to holiday prize winners and (if the holiday is for the prize winner ‘plus guest(s)’) any travelling companion that accompanies the prize winner on the holiday as their “Guest”.
8.2 Unless otherwise expressly stated in the Specific Terms, holiday prizes:
(a) and any elements comprising a holiday prize including travel and/or accommodation must be taken up during one period, and not on non-consecutive dates;
(b) do not include insurance. It will be the responsibility of each prize winner (and, if applicable, each Guest that accompanies them) to take out at their own cost, all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to obtain;
(c) consist of economy class flights (if the holiday is overseas) and accommodation only (on a room only basis) and do not include airport departure or government taxes (where applicable), spending money, airport transfers, speedy boarding, any additional luggage allowance or any other expenses in relation to recreational activities, food and drink consumption, activities, other travel expenses or otherwise. These must be paid by the prize winner (and their Guests);
(d) must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse with the winner being entitled to no further prize or reward in its absence; and
(e) are subject to any prize provider terms and conditions in place from time to time, which will apply to the prize winner (and their Guests) as well.
8.3 It is the responsibility of the prize winner (and, if applicable, each Guest that accompanies them) to ensure their ability to travel to their holiday destination and return home, and, in particular, to:
(a) ensure that they have a valid passport endorsed with all relevant visas and with expiry date no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions;
(b) check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination;
(c) obtain any inoculation and comply with any health regulations required by any holiday prize destination country;
(d) comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements; and
(e) where the United States of America is a holiday prize destination, to apply for an Electronic System for Travel Authorisation (ESTA) for each person that is travelling. Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and their Guest(s) within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
8.4 We will not be responsible for any loss or damage suffered by any prize winner (and/or any Guest that accompanies them) that arises out of their failure to arrive at any holiday destination or return home from any holiday destination, nor will we have any obligation to substitute an alternative prize, cash equivalent or other compensation where a prize winner (and/or their travelling companion) is unable to travel to any holiday destination or fails to redeem a holiday prize for any reason
9 JURISDICTION AND CHOICE OF LAW
- 9.1 While the contents of the Web-Site may be accessed outside Ireland it is not directed to or intended to have an effect in any other place.
- 9.2 The General Terms and Conditions and any Specific Terms and Conditions are to be construed according to the laws applicable in Ireland. A person who enters a Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of Ireland.
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The Sunshine Workday
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