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Competition Terms and Conditions
1. Definitions
In these Rules, the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
“Competition” means any promotion, prize draw or competition operated by Real and Smooth Radio (whether on its own behalf or on behalf of its sponsors) or any company, radio station or website owned or controlled, directly or indirectly, by Real and Smooth Radio from time to time
“Entrant” means any person who enters a Competition;
“Participant” means any person who is selected by Real and Smooth Radio to participate in a Competition;
“Prize” means any prize(s) offered or awarded in a Competition;
“Real and Smooth Radio” means Real and Smooth Limited, a company registered in England and Wales with number 03739421 and registered office at Laser House, Waterfront Quay, Salford Quays, Manchester, M50 3XW. Any references to “us”, “we” and “our” shall be references to Real and Smooth Radio;
“Rules” means these competition terms and conditions together with any specific rules, entry instructions and any other specific details relating to the particular Competition or Prize published on our website or any other website or in any media which features the Competition (e.g. on-air messages); and
Any reference to “you” is to you as an Entrant or Participant in or winner of (as the case may be) a Competition,
2. The Promoter
The Promoter is Real and Smooth Limited, a company registered in England and Wales with number 03739421 and registered office at Laser House, Waterfront Quay, Salford Quays, Manchester, M50 3XW (please do not send any entries to this address).
Our main trading and correspondence address is GMG Radio, Laser House, Waterfront Quay, Salford Quays, Manchester, M50 3XW.
3. Eligibility
Unless otherwise stated in these Rules, on air, or in any additional Rules published on this website in respect of any specific Competition, entry is open to all UK residents 18 years of age or over except employees of Real and Smooth Radio or any of their affiliates, any marketing services agency, handling house or other company involved directly with the administration of the Competition, any member of their households or any person otherwise connected to the Competition.
Where entry is open to Entrants under 18 years of age, Entrants will need the permission of a parent or guardian to enter.
No fee is payable by you to Real and Smooth Radio in respect of your involvement in the Competition. However, a Text Message (as defined below) to the Competition shortcode or a telephone call to the Competition line will normally cost the standard rate for your mobile or telephone provider unless expressly stated in the specific Rules for the Competition. You should check with your network provider for more details. The cost of Text Messages from different mobile and phone service providers may vary. Participation in some of our features may be charged at premium rate. Where this is the case, you should refer to the on-air messages for the relevant Competition details.
Proof of age, identity and eligibility may be requested.
No person or members of their immediate family who has won a Competition which has a deemed value of £1,000 or more is permitted to enter another 'major' station promotion for a period of six months.
Any entries made, in Real and Smooth Radio’s absolute discretion, via any form of technology assisted intervention enabling multiple entries or single entries purporting to come from multiple sources will be disqualified.
Candidates in any general, mayoral, national, local or any other election will be ineligible, during the period of such election, to enter any Competition until after the conclusion of such election.
4. Rules
By entering the Competition Entrants will be deemed to have accepted these Rules and agree to be bound by them. These Rules are in addition to any Rules, instructions and other specific details relating to the particular Competition broadcast on air or published on our website or any other website or in any media which features the Competition.
Entries through agents or third parties will be invalid. Please retain a copy of these Rules for your reference.
Real and Smooth Radio reserves the right to alter or amend these Rules at any time including but not limited to suspending the Competition; or cancelling the Competition at any stage; or varying the Competition opening and closing times, if in its opinion it is deemed necessary or if circumstances arise that are outside its control.
5. Validity & Disqualification
Unless otherwise stated on air Entrants can enter each Competition on Real and Smooth Radio only once.
Real and Smooth Radio reserves the right to:
(i) disqualify any Entrant and/or withdraw any Prize from any Entrant who breaches the Rules, has acted fraudulently in any way (which shall include the provision of false or misleading information), or to whom the answer has been revealed by any third party; and/or
(ii) where applicable, withdraw or substitute any Prize, at any stage, should any winner or any permissible guest exhibit inappropriate or dangerous behaviour (including, but not limited to being under the influence of alcohol, illegal drugs or chemical substances or causing a nuisance) whilst attending Real and Smooth Radio’s premises or where the Prize includes the right to attend an event.
Correspondence will be entered into only at the absolute discretion of the Programme Director of Real and Smooth Radio. The Programme Director's decision is final.
6. The Prize
The Prize is as stated on air. Real and Smooth Radio may in its absolute discretion substitute cash value for the Prize or offer an alternative Prize of equal or greater value.
Unless otherwise stated on air only one Prize per Competition is allocated.
All Prizes are offered in good faith. It is recognised that at times genuine mistakes can occur. If a mistake has occurred, then Real and Smooth Radio, in its sole discretion, can either award the Prize to the person(s) who in their view was the original winner of the Competition or alternately ask the Entrants to play again on a 'head to head' basis. When instances like this occur, Real and Smooth Radio will provide the runner up with a Prize value not exceeding 25% of the value of the advertised Prize.
Where any Prizes are provided by Real and Smooth Radio, Real and Smooth Radio shall endeavour to send out all Prizes within 28 days of the win. This is subject to change at our discretion.
Prizes offered by Real and Smooth Radio are in most cases provided by a third party or sponsor (the “Third Party”). In such circumstances the responsibility and liability for delivery of any Prize(s) shall be that of the relevant Third Party. Entrants agree that Real and Smooth Radio shall have no responsibility or liability (except in respect of death or personal injury directly attributable to Real and Smooth Radio’s negligence) in respect of any late delivery, or failure to deliver, all or any part of the relevant Prize(s) by any Third Party. Entrants further agree that Real and Smooth Radio shall have no obligation to provide any substitute Prize(s) or any cash alternative in the event of any late delivery, or failure to deliver, of any Prize(s) by any Third Party.
Unless otherwise stated on air there is no cash alternative to the advertised Prizes and any Prize is strictly non-transferable.
Prizes must be claimed within 3 months from date of winning.
Travel & Holiday Prizes
Where a holiday is offered as the main Prize in a Competition, the Prize will be clearly offered on air as a Prize for two adults or for two adults and up to a maximum of two children (for the avoidance of doubt 'children' would be a person or persons under the age of twelve years).
Travel Prizes are not usually transferable and therefore all Entrants to Real and Smooth Radio’s holiday and travel Competitions are solely responsible for ensuring they are able to comply fully with disclosure laws, passport validity and any other specified regulatory criteria required for the destination. For example some countries including the USA will require visitors to submit full personal details of health and any criminal record for verification some time in advance of departure. Any Competition winners who are subsequently banned from travelling or unable to provide the required detail as advised by the travel company within the specified time, will not be allowed to travel and therefore will forfeit the Prize.
Ticket & Event Prizes
Ticket Prizes are strictly non-transferable and may not be resold.
Real and Smooth Radio will not be responsible for any failure of the ticket holders to gain entry or re-entry to any event due to the behaviour of the ticket holder or their failure to meet the admission requirements of the event, including validation of identity and minimum age of the ticket holders. Ticket holders are responsible for checking admission requirements to the venue. Ticket Prizes do not include any costs such as travel and accommodation unless stated on air.
Winners of ticket Prizes agree to comply with and be bound by the terms and conditions of the event promoter and the venue including but not limited to those terms and conditions set out on the ticket and the rules, regulations and policies of the venue.
7. Entries - General
All entries (in all formats, e.g. a physical entry or verbally on air) will become the property of Real and Smooth Radio on receipt or broadcast. Entrants hereby assign to Real and Smooth Radio all worldwide copyright and like rights in their entries and agree to waive all moral rights.
Real and Smooth Radio, its sub-contractors, subsidiaries and/or agencies cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem which may result in any Entry being lost or not properly recorded, processed or registered.
Real and Smooth Radio cannot be held responsible for any costs incurred or losses arising by listeners attempting to enter Competitions.
Entrants acknowledge that failure to gain access to Competitions due to technical difficulties, engaged phone lines or for any other reason is not the responsibility of Real and Smooth Radio.
8. Entries – Competition Entries by text message and telephone
The Rules in this section relate to entry into Competitions using short or medium message service (“SMS” and “MMS” respectively) known commonly as a text message (“Text Message” or “Texting”).
Real and Smooth Radio accept no liability if, for any reason, your mobile phone network is not compatible with our text message entry mechanism. Entrants should check with their service provider for details of compatibility.
Entries by Text Message must be sent to the applicable shortcode as advertised on-air. Please be aware that shortcodes may change from Competition to Competition.
Unless otherwise stated for the specific Competition, Entrants may only submit one Text Message entry for each Competition.
Entrants must take care to follow the exact on-air instructions regarding the Texting of Competition answers. Real and Smooth Radio cannot guarantee Competition entry for mis-spelt or incorrect text entries.
Text Messaging charges incurred by you as a result of entry to any Competition will be paid by you via your mobile phone service provider.
A Text Message to the Competition shortcode or a telephone call to the Competition line will normally cost the standard rate for your mobile or telephone provider unless expressly stated in the specific Rules for the Competition. You should check with your network provider for more details. For the avoidance of doubt, the cost of text messages from different mobile and phone service providers may vary. Participation in some of our features may be charged at premium rate. Where this is the case, you should refer to the on-air messages for the relevant Competition details. Real and Smooth Radio is registered with PhonepayPlus with number ORG821-38748-55068.
Any Entrant using a telephone which is not paid for by that Entrant should ask for the permission of the person who pays the bill before sending a Text Message or telephoning the Competition line.
Real and Smooth Radio reserves the right to disclose your personal data to PhonepayPlus or Ofcom at the reasonable request of PhonepayPlus or Ofcom.
In the event that (a) a telephone call to or from a Competition Entrant is disconnected for any reason before or during the Competition or (b) an Entrant does not answer his or her telephone when contacted by a representative of Real and Smooth Radio in order to participate in a Competition, Real and Smooth Radio reserves the right to select another Entrant to participate in the Competition.
9. Winning Entry
Unless otherwise stated on air all Entrants chosen are those who have entered the Competition at the advertised time and are selected at random by Real and Smooth Radio. Unless stated on air, entries may be submitted to Real and Smooth Radio by telephone, SMS and/or online (through our various websites, social media sites and applications).
The Competition will run until the Competition has been completed or has run its course. Both will be advertised on air. Real and Smooth Radio reserves the right not to give away any Prize if no winner is found.
The name of the winner and the winning entry will be sent to anyone who writes within 3 months after the closing date, enclosing a stamped addressed envelope, to Real and Smooth Radio (Competitions), Laser House, Waterfront Quay, Salford Quays, Manchester, M50 3XW, requesting details of the winning entry.
10. Contact
Unless otherwise stated on air the only telephone number to use for Competitions is:
0845 002 1054 for Real Radio North West
0845 105 2106 for Real Radio Wales
0845 100 2101 for Real Radio Scotland
0845 106 2108 for Real Radio Yorkshire
0845 002 1100 for Real Radio North East
A telephone call to the Competition line will normally cost the standard non-geographic rate for your mobile or telephone provider unless expressly stated in the specific Rules for the Competition. You should check with your network provider for more details. Participation in some of our features may be charged at premium rate. Where this is the case, you should refer to the on-air messages for the relevant Competition details.
11. Publicity
Entrants accept that Real and Smooth Radio will have the right, without additional payment or permission, to use their name, age, geographical location, occupation and likeness for the purposes of announcing the winner of this Competition and for related promotional purposes.
Entrants further agree to actively participate in any publicity, on air promotion and any other means of publicity deemed fit for the promotion by Real and Smooth Radio and any Third Party.
Copyright in the on air broadcast and any publicity materials, photographs or images or audio of Entrants (the “Publicity Materials”) remains the property of Real and Smooth Radio throughout the world. Entrants hereby assign to Real and Smooth Radio all worldwide copyright and like rights in the Publicity Materials and agree to waive all moral rights in the Publicity Materials.
12. Data privacy
When listeners telephone to enter a Competition, and are successfully picked at random, a member of the production team will ask you for your name, address, contact telephone number and any other relevant information.
Entrants authorise Real and Smooth Radio to use their personal details for the purposes of administering the Competition and in accordance with our Privacy Policy.
Any personal data relating to Entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the Entrant's consent.
13. Health and Safety
By entering or participating in a Competition and/or Prize, you warrant, represent and undertake that:
(a) your general state of health is good;
(b) you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition and/or Prize;
(c) you are not at present taking, and will not during the Competition and/or Prize take, any medication that will affect your entry or participation in a Competition and/or Prize;
(d) you will notify Real and Smooth Radio of any medical or other condition which may mean that you are unfit for travel or participation in the Competition and/or Prize as soon as you become aware of such a condition;
(e) you will take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition and/or Prize and you will comply with all and any safety standards notified to you by Real and Smooth Radio or its representatives;
(f) you undertake the Competition, all activities and the taking of any Prize at your own risk;
(g) you will not carry on your person (or in your possession or under your control) or purchase or consume during your participation in the Competition and/or Prize any illegal substance; and
(h) you will only consume alcohol with the express prior written consent of Real and Smooth Radio and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
Real and Smooth Radio reserves the right to disqualify you from the Competition and/or Prize (without liability or compensation) if you (in Real and Smooth Radio’s opinion, which shall be final):
(i) conduct yourself in a way which exposes you or others to any medical, security or safety risk whatever (including, without limitation, any abusive behaviour whether physical or psychological);
(ii) expose yourself or others to risk of cancellation, disruption, or curtailment of the Competition and/or Prize;
(iii) you fail to comply with any directions of Real and Smooth Radio or Real and Smooth Radio’s representatives in respect of health and safety.
14. Limitation of Liability
Real and Smooth Radio excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you 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) provided that nothing in these Rules excludes any liability for:
(a) death or personal injury arising out of Real and Smooth Radio’s negligence or the negligence of its employees;
(b) fraud or fraudulent misrepresentation by Real and Smooth Radio or its employees; or
(c) any other liability that cannot be excluded or limited by law.
Real and Smooth Radio excludes all liability whatever for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
Except as otherwise stated in this section 14, Real and Smooth Radio shall have no liability whatsoever:
(i) 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. Real and Smooth Radio accepts no responsibility for the acts or omissions of such third parties;
(ii) in the event of postal, telephone, text message or online entries delayed or not received by Real and Smooth Radio as a result of network incompatibility, technical faults or for any other reason;
(iii) for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you; and/or
(iv) for any mistakes in the source material utilised by Real and Smooth Radio’s question compilers.
You agree to indemnify Real and Smooth Radio and its 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 Real and Smooth Radio arising as a result of a breach by you of your obligations under the Rules or in any way in connection your failure to follow Real and Smooth Radio’s reasonable instructions with regard to your entry into the Competition or taking of any Prize.
In the case of on-line Competitions you acknowledge that the Internet is not a secure medium and information submitted to Competitions hosted on websites owned or controlled by Real and Smooth Radio may be accessed by third parties. Real and Smooth Radio accepts no liability for loss resulting from your entry to an online Competition.