Terms & Conditions
1. Definitions and introduction
In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
“Competition” means any competition or promotion on one or more of our radio stations or websites;
“employee” shall include employees, freelancers and contractors;
“Entrant” means any person who enters a Competition;
“Family Member” means a spouse, partner, close blood relation or spouse of a close blood relation;
“Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd.” means Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. Wallbrook Building 195 Marsh Wall London E14 9SG and its subsidiaries and licensees;
the words “include” and “including” shall not be interpreted as limiting the generality of any preceding words;
1.1 “Intellectual Property Rights” means any trade marks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date of this Agreement;“
“Prize” means any prize or gift offered or awarded in a Competition;
“Specific Rules” means the specific rules, entry instructions and any other specific details or terms relating to the particular Competition or Prize published on this website or on any other website or in any other media which features the Competition;
“Terms” means these Competition Terms and Conditions together with any Specific Rules;
“we“, “us” and “our” means Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. including any successors in title and assigns;
“you” means an Entrant in or winner of (as the case may be) a Competition.
1.2 All of our Competitions will be subject to (i) these Competition Terms and Conditions and (ii) the Specific Rules and you will be bound by these Terms when you enter or participate in any Competition or accept any Prize. If these Competition Terms and Conditions differ or conflict with any Specific Rules then the Specific Rules will prevail.
1.3 We may add to, amend or vary these Competition Terms and Conditions from time to time, at our discretion.
1.4 You agree to co-operate with and comply with all reasonable requests made by us in connection with any Competition and its broadcast.
2. Eligibility and Entry Criteria
2.1 In order to make a valid entry into a Competition you must enter as an individual using your legal name and make only one entry per Competition, unless the Specific Rules allow you to make multiple entries. You may only enter a competition if you are a resident of the United Kingdom or Isle of Man.
2.2 The Specific Rules will state if there are any age restrictions relating to the Competition.
2.3 Unless otherwise stated in the Specific Rules, you may not enter a Competition if you are an employee, or Family Member of an employee, of (i) any Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. Company or (ii) any Competition sponsor or Prize giver or if you are directly or indirectly connected with the Competition.
2.4 You may not enter a Competition if you or any of your Family Members have won a Prize valued at £500 or greater within a period of six months prior to the closing date of the Competition.
2.5 You may not enter a Competition if you have been given the answer(s) or any other relevant information in relation to the Competition, either directly or indirectly, by any employee of Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. Company, Competition sponsor or Prize giver.
2.6 No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We shall disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number, unless the Specific Rules state that multiple entries are permitted.
2.7 Candidates in any General, Mayoral or any other national or local Election will be ineligible, during the period of such Election, to enter any Competition until after the conclusion of such Election.
2.8 We may ask you to provide us with proof of your eligibility to enter a Competition and we reserve the right, in our sole discretion, to decide whether or not eligibility criteria have been met. Breach of any of the criteria contained in this Clause 2 may result in your disqualification from a Competition and/or the withdrawal of a Prize.
3. Entering a Competition
3.1 Entries by text message must be sent to the applicable shortcode as advertised on-air or online. Please be aware that shortcodes may change from Competition to Competition. You may need to check with your service provider for details of phone network compatibility. You will pay any text messaging charges via your service provider.
3.2 Please take care to follow the exact on-air or online Competition entry instructions. We cannot guarantee Competition entry for mis-spelt entries;
3.3 A text message or a telephone call will normally cost the standard rate for your service provider, please check with your service provider for more details. The cost of text messages and telephone calls via different service providers may vary.
3.4 Participation in some of our Competitions may be charged at premium rate; please refer to the on-air or online messages for details. We reserve the right to disclose your personal data to Ofcom at their reasonable request.
3.5 If you are using a telephone which is not paid for by you, please ask for the permission of the bill payer before entering the Competition.
3.6 If you fail to answer your telephone when we phone you or you become disconnected for any reason before or during the Competition, we reserve the right to select another Entrant to participate in the Competition.
3.7 For Competitions involving online voting only one vote for each valid email address will be accepted and we reserve the right to disqualify any Entrant making, or attempting to make, multiple votes.
3.8 For each on-air Competition all timings including the closing time are as broadcast on the Station’s AM broadcast frequency. If you are listening via an IP enabled device such as a smartphone, tablet or computer, please remember that the stream can be slightly behind the AM broadcast due to differences in network speeds and/or the advertising we serve to listeners on IP enabled devices. If a Competition requires you to enter by a deadline dependent on an item in the broadcast (e.g. by the end of a song) we cannot take into account any delay from listening via an IP enabled device and the deadline will be as on the AM broadcast, so please take this into account when entering a Competition.
4.1 If you win a prize, we will notify you within 28 days of the end date of the Competition and you will then have 28 days within which to claim the Prize. If you fail to claim the Prize within the time-limit, or fail to comply with any other instructions or time-limits notified to you, you will forfeit your right to the Prize and your claim will be invalid.
4.2 We reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. Please ensure you have given us your correct address so that we can send your Prize to you. We may request that you provide an in-studio recording to compare to your on-air win as proof of your vocal identity.
4.3 We may carry out an interview with you either by telephone or in person and we may record the interview;
4.4 All Prizes are non-transferable and may not be given, assigned or sold to another person.
5. Additional terms relating specifically to Holiday Prizes
6. Health and Safety
7. Confidentiality and Publicity
8. Intellectual Property Rights
8.1 By entering a Competition or submitting a video, image, audio file or any other materials in relation to a Competition or Prize (the “Products”) you: (i) confirm the grant by you to us of a worldwide, perpetual, royalty free licence in the Intellectual Property Rights in the Products or Competition entry, (ii) waive any moral rights and like rights you have in relation to the Products or Competition entry so that we shall be entitled to use the Products or Competition entry in any and all media at no cost to us and (iii) warrant to us that the Products or Competition entry:
- are personal and related specifically to you;
- are owned and controlled by you and that you have the right, power and authority to grant the rights set out in these Terms;
- will not infringe the Intellectual Property Rights, privacy or any other rights of any third party;
- will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening;
- do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
- are not obscene or pornographic;
- do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- are free from any encumbrances such that we may use the Products in accordance with and in the manner set out in these Terms.
8.2 For the avoidance of doubt, all rights relating to the Competition (including the name, title and format of the Competition) will vest exclusively in Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. for our own use (in our absolute discretion).
9.1 We reserve the right (without accepting any liability or giving you any compensation) to disqualify you from a Competition and/or withhold or withdraw a Prize (or seek compensation from you thereof) if (in our opinion, which shall be final):
- you are in breach of the Terms or any of your obligations, representations and/or warranties under this Agreement;
- your conduct is inappropriate or contrary to the spirit or intention of the Terms or of the Competition;
- you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information;
- your act(s) or omission(s) might have an adverse effect on the Competition or Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. (or any of its radio stations, parent or subsidiary companies worldwide);
- it is in our best interests (or that of our radio station(s)) to do so.
9.3 In the event of your disqualification from the Competition/Prize:
- we reserve the right to select another Entrant to take part in the Competition/receive the Prize; and
- you may be required to pay any costs incurred.
10. Cancellation of the Competition
10.1 We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect by on-air or online announcement without any liability to you. If we cancel a Competition after you have claimed a Prize, we will use our reasonable endeavours to offer you an alternative Prize, subject to availability. If we offer you an alternative Prize but you do not accept it, you shall have no claim against us.
10.2 We may cancel a Competition if we believe we have good reason to do so, including if:
- a broadcasting, publishing, production, distribution or printing error of any kind occurs (whether on-air, online or otherwise);
- there have been any errors in the preparation for, or the conduct of, the Competition materially affecting the result of the Competition, the number of Prize claims or the value of the Prize claims.
11. Cancellation of the Competition
11.1 Nothing in the Terms excludes our liability for:
- death or personal injury arising out of our negligence or the negligence of our employees;
- fraud or fraudulent misrepresentation by us or our employees; or
- any other liability that cannot be excluded or limited by law.
11.2 Without prejudice to the provisions of Clause 11.1, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment (other than any costs and expenses specifically provided for in the Competition and/or Prize) including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or Prize.
11.3 Without prejudice to the provisions of Clause 11.1 and subject to the provisions of Clause 11.2, we shall have no liability whatsoever:
- in respect of Competitions operated by third parties and featured on air or on our websites. The relevant third party will be responsible for the fulfilment of the Competition. We accept no responsibility for the acts or omissions of such third parties;
- in the event of postal, telephone, text message or online entries delayed or not received by us as a result of network incompatibility, technical faults or for any other reason;
- for any person not being able to enter a Competition for any reason, including system failure, error, the application through which online entries are made being down, hacks on the system or personal computer issues;
- for any losses suffered by you in submitting data to any of our websites;
- or any mistakes in the source material utilised by our question compilers;
- for Prizes which are lost, delayed or damaged in the post or otherwise not received by you.
11.4 The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.
11.5 You agree to indemnify us and our radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under the Terms or in any way in connection with your failure to follow our reasonable instructions with regard to your entry into the Competition or taking of any Prize.
12. Force Majeure
12.1 We shall not be liable to perform any of our obligations under the Competition or in respect of the Prizes where we are unable to do so as a result of unforeseen circumstances or circumstances beyond our reasonable control and whilst we may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, we shall not be liable to compensate you in such circumstances.
13.1 You agree you will not by any act or omission do anything, which might bring Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd. or its radio stations, parent or subsidiary companies, including their social media pages and websites, into disrepute or affect the reputation of the Competition, Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd, their social media pages and websites.
13.3 The terms represent the entire agreement between you and us relating to the Competition and/or the Prize and supersede any prior representations, agreements, negotiations or understandings (whether oral or in writing). No variation of the Terms is effective unless approved by an authorised representative Lyca Radio 1458AM & Lyca Gold 1035AM / Lyca Media II Ltd in writing.