Terms and Conditions
This web site is operated by The Local Radio Company Plc and Minster Northallerton FM Limited. Your use of this site is subject to the terms and conditions set out below. Please read these terms carefully before accessing any other pages on this site. Your use of this site is conditional upon your acceptance of these terms and conditions.
Cash for Christmas
The following Terms and Conditions are applied to contests including, but not limited to 'Low Bid Reverse Auction' as promoted on and by the stations of The Local Radio Company plc (The “Promoter”) in conjunction with any specific terms and conditions published as part of The Local Radio Company plc’s general contest rules.
a) All bids must be sent and received by SMS to our text number followed by the appropriate radio station trigger word as shown elsewhere on this radio station web site and each bid costs £1.50 plus your normal network provider rate. Listeners may bid any number of times, to a limit of 25 bids. Each entry will require an additional £1.50 entry fee.
b) Unless stated, this auction is available to all of The Local Radio Company plc’s listeners over the age of 16.
c) This Auction item offered is £10,000 and there is no alternative available. Payment will be by cheque made payable to the winner this will be sent to the winner within 28 days.
d) Entry bids are only deemed successful when received after 08:00 on 06/10/08 and prior to the competition closing date and time of 17:00 on 24/10/2008, and when a confirmation is sent and received by the entrant.
e) All bids must have the bill payers’ permission, and proof of payment is required and entrants must be able to prove ownership of the mobile phone or phones used to bid
f) Entrants agree that by entering this auction they agree to publicity should their bid be successful.
g) The successful bidder will be contacted or confirmed by letter no later than within twenty-eight days of the auction close on 24/10/2008.
h) No correspondence shall be entered into and The Local Radio Company plc’s decision will be final.
A copy of our general terms and conditions for contests and individual promotions or contests is available to access at this website or via email on request to contests@tlrc.net, or by sending a personal application and self addressed envelope to Contests, Business Development Department, The Local Radio Company, 11 Duke Street, High Wycombe, HP13 6EE. Or from the Radio Station.
All participants in any of The Local Radio Company plc’s competitions or promotions will be deemed to have understood these rules, and to be bound by them and shall accept and enter into the competition or promotion subject to these terms and conditions and our general contest terms and conditions which can be accessed at this website.
1.0 Low Bid Reverse Auction Bidding Terms and Conditions.
1.1 Auction entry is open to all entrants, excluding employees, subsidiary companies and contracted clients, their families, agents or anyone else connected with this promotion.
1.2 For the avoidance of doubt, a unique bid shall be a bid that has not been matched by another bid and the winning bid will be the lowest unique bid in whole pence that is closest to 1 pence. In the event of no entries producing unmatched bids, we reserve the right to award the prize to the lowest paired bid received first.
1.3 All auction entries must be made in either full pounds, pounds and pence, pence or purely as a numerical entry. All decimal points used within entries will be interpreted as being within a figure of pounds, or tens of pennies, and not as a percentage or part of a penny, and the value of the figure interpreted will be as confirmed in the response text sent back to the entrant.
1.4 Alpha numeric bids i.e. bid values containing letters or/and numbers will be interpreted as numerical only bids, excluding letters. The interpreted numerical bid will be entered in the auction and charged for.
1.5 Each auction is open for the period stipulated in each individual promotion.
1.6 The entry fee is payable directly from your phone bill via SMS and each bid made costs £1.50. In addition, unless otherwise stated in each promotion, entrant’s standard network charges shall also apply.
1.7 Each bid made implies acceptance of these terms and conditions.
1.8 Only a response text is accepted as proof of receipt of entry. No responsibility is accepted for entries which are delayed, lost or non-receipted.
1.9 Bids are limited to a maximum of 25 bids per bidder per mobile number per auction.
1.10 Neither The Local Radio Company plc, nor the auction sponsors shall be responsible for traveling expenses incurred by the successful bidder.
1.11 Charges incurred in delivering the lot to the winning bidder will be the responsibility of the auction promoter, however it reserves the right to cancel delivery should three unsuccessful attempts be made to deliver the lot, at which point any subsequent delivery charges shall be the responsibility of the winning bidder.
1.12 Within 14 days of the auction close, each successful bidder is required to pay the sum equal to their winning bid to assume ownership of the lot and ownership passes to the winning bidder once the value of the winning bid has been paid and cleared in the promoter’s bank account.
1.13 This auction is not guaranteed to be provided without interruptions, faults or inaccuracies and we will not therefore be liable for any consequential loss or damages and we reserve the right unilaterally to terminate transmission of all or any part of the reverse auction for whatever reason without notice. We will make all reasonable endeavours to ensure an uninterrupted and timely supply of the service, taking all reasonable steps to correct errors, omissions or mistakes. For the avoidance of doubt, we shall not have any liability in connection therewith.
1.14 This auction is conducted by mobile text communication. We will attempt to confirm with text responses via your network service provider whether your bid is the lowest unique bid, or if it is no longer the lowest unique bid. However once a text response has been sent to your mobile service provider for delivery, we accept no responsibility should any text not be received by entrants.
1.15 This auction result shall be made available as soon as the lowest unique bidder is confirmed at or after the time advertised.
1.16 In order to participate, entrants must be over 16 years old and be able to form a legally binding contract. If they do not qualify under these Terms and Conditions they are not eligible to participate.
2.0 Bidding and Winning
2.1 To be eligible as a winner, confirmation must be received from the mobile phone network that the winning bid has been successfully paid for by the entrant.
2.2 We reserve the right to award the Lot to the lowest unique bid received. In the event the lowest unique bidder cannot be contacted, within 1 day of the auction closing, we reserve the right to award the lot to the next lowest unmatched bid.
2.3 We reserve the right to invalidate an entry if we find that a winner is in breach of any of these Terms and Conditions.
2.4 By participating in our auctions, you agree to receive ongoing messages advising you of your status in the auction, as well as the status of the auction and of future auctions.
3.0 Opt Out.
3.1. In order to opt out from receiving promotional messages simply text STOP to 84243.
Competition Terms and Conditions
These competition rules shall be binding on you when entering any competition(s) operated by us, our sponsors or any company or website owned or controlled by us or our parent company from time to time.
In addition to these general competition rules, other specific terms and conditions may also apply to a particular competition. We will post any such specific competition rules on our website.
* You must be over 16 years of age and resident in the UK to enter our competitions.
* No employee of the radio station or their families or employees and families of associated companies may enter a competition run by the Company.
* Unless specified, entries are limited to one per household or primary residence although entries are acceptable from family members at different addresses.
* Proof of making a phone call, sending post/e-mail is not proof of our receipt of your entry. No responsibility can be accepted for entries that are lost, delayed or damaged.
* The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day.
* In the case of a prize draw, the first correct entry drawn will be the winner.
* Winners will be formally notified (by email or post) within 21 days of the closing date. Full details of the prize will be given in writing upon notification. Where we notify a winner by email, we will ask for confirmation of receipt by reply email.
* The judge's decision is final and no correspondence will be entered into.
* The prize may not be transferred to any other person.
* With the exception of cash prizes, there is no cash value assigned to any prize and therefore no cash equivalent available. In the event of the advertised competition prize being unavailable we reserve the right to offer an alternative prize of equal or greater value.
* Where a competition requires the presence of an entrant, failure to appear will result in the forfeit of any prize opportunity although, in some cases with prior agreement, a substitute attendee can appear.
* Where the prize on offer is a motor vehicle entrants must possess a valid and full driving licence for that class of vehicle. Unless otherwise specified road tax and motor insurance is and remains the responsibility of the winner.
* Unless otherwise specified, where the prize is an overseas holiday it is the responsibility of the winner to ensure that they hold the necessary insurances and visa's to protect their interests abroad.
* Use of false name or address, ie name by which the entrant is not usually known, will disqualify them from receiving any prize. We reserve the right to oblige any potential winner to provide documentary proof of their identity and address before such person may claim their prize.
* We will not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in a competition.
* Competition winners may be required to take part in or co-operate with publicity.
* No responsibility is accepted for inaccurate prize details supplied by sponsors.
* We reserve the right to amend these rules at any time. Entry in the competition implies acceptance of these rules.
* We will keep your personal details for a reasonable time so that we can send you any prize that you have won, to verify that these rules have been complied with, and for accounting purposes. We may pass your details on to our service providers and agents for the purposes of sending you the prize on our behalf.
* We may at any time issue specific rules to be read in conjunction with these rules. In the event of a conflict between two sets of rules, the competition-specific rules take priority.
* These rules are governed by English law.
1. Intellectual Property
1.1 The intellectual property rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to The Local Radio Company Plc and Minster Northallerton FM Limited. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
1.2 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content on this website in any way except for your own personal, non-commercial use without the prior written consent of The Local Radio Company Plc and/or Minster Northallerton FM Limited
1.3 You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own personal use.
1.4 Any unauthorised downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common law rights which could be the subject of legal action.
1 .5 All rights not expressly granted are reserved by The Local Radio Company Plc and Minster Northallerton FM Limited
2. Trade Marks
2.1 Product or company names and devices, logos, icons, graphics or designs referred to on the pages of this site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. The Local Radio Company Plc and Minster Northallerton FM intends no infringement of these property rights.
2.2 Any references in this site to any third party products, services, companies, organisations, home pages or other web sites do not imply any endorsement, support or recommendation of the same by The Local Radio Company Plc and Minster Northallerton FM Limited
2.3 All rights not expressly granted are reserved by The Local Radio Company Plc and Minster Limited
3. Contributions to this Website
3.1 Where you are invited to submit any contribution to this website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant The Local Radio Company Plc and Minster Northallerton FM Limited a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out below.
3.2 If you do not want to grant toThe Local Radio Company Plc and Minster Northallerton FM Limited the rights set out above, please do not submit your contribution to this website.
3.3 Further to paragraph 3.1, by submitting your contribution to this website, you:warrant that your contribution is your own original work and that you have the right to make it available to The Local Radio Company Plc and Minster Northallerton FM Limited for all the purposes specified above;
3.3.1 is not defamatory; and
3.3.2 does not infringe any law; and
3.3.3 that you will indemnify The Local Radio Company Plc and Minster Northallerton FM Limited against all legal fees, damages and other expenses that may be incurred by the The Local Radio Company Plc and Minster Northallerton FM Limited as a result of your breach of the above warranty; and
3.3.4 waive any moral rights in your contribution for the purposes of its submission to and publication on this website and the purposes specified above.
4. Data Protection
4.1 The Local Radio Company Plc and Minster Northallerton FM Limited will not collect any personal data about you (that is your name, address, telephone number, e-mail address or other data from you which you can be unambiguously identified) ('Personal Data') unless you provide it voluntarily to The The Local Radio Company Plc and/or Minster Northallerton FM Limited. All personal data will be processed in accordance with UK Data Protection Law.
4.2 If you do not want your personal data collected, please do not submit it. If you have already submitted personal data and would like it removed from any records held by The Local Radio Company Plc and Minster Northallerton FM Limited please contact the Website Content Editor at 11 Duke Street, High Wycombe, HP13 6EE. The Local Radio Company Plc and Minster Northallerton FM Limited will then use reasonable efforts to delete your information from its records.
4.3 If you provide The Local Radio Company Plc and Minster Northallerton FM Limited with any personal data this information will be stored and may be used in the future for marketing purposes, market research, tracking of sales data, and in order to contact you. The Local Radio Company Plc and Minster Northallerton FM Limited may also disclose this information to other companies for similar purposes.
4.4 When you view this site some information may be stored on your computer. This information will be in the form of a "cookie" or similar file. Many websites do this, because cookies enable website publishers to do useful things like find out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions or help screen to learn more about these functions.
5 . Links
5.1 The Local Radio Company Plc and Minster Northallerton FM Limited provide links from this site to World Wide Web sites operated by third parties ('Third Party sites'). Links to Third Party sites are provided for your convenience only. The Local Radio Company Plc is not responsible for the management and control of Third Party sites and does not necessarily endorse, support or recommend the views expressed in such Third Party sites.
5.2 The Local Radio Company Plc and Minster Northallerton FM Limited is not responsible for the contents of other web sites or web pages which link to the site and The Local Radio Company Plc shall have no liability in respect of such other web sites or web pages.
6. Disclaimers and Limitation of Liability
6.1 This site is intended for customers of The Local Radio Company Plc and Minster Northallerton FM Limited in the United Kingdom and may not be applicable to other jurisdictions. The Local Radio Company Plc and Minster Northallerton FM Limited excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from access and use of the site or the materials from outside of the United Kingdom.
6.2 The Local Radio Company Plc and Minster Northallerton FM Limited reserves the right, at any time, to change the materials and the terms and conditions which apply to the use of the site.
6.3 The site and the materials are provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.4 No reliance should be made on any of the statements made with the site (other then these terms and conditions) or the materials or any third party sites and The Local Radio Company Plc and Minster Northallerton FM Limited excludes to the fullest extent permitted by law all liability (other then liability for death or personal injury) resulting from any such reliance.
6.5 Under no circumstances will The Local Radio Company Plc or Minster Northallerton FM Limited be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.
6.6 The Local Radio Company Plc and Minster Northallerton FM Limited do not warrant that functions contained in the web site content will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
7. Jurisdiction
7.1 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
7.2 The site user is responsible for compliance with any applicable laws of the country from which they are accessing the site.
8. Severability
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.
