Terms and conditions
Here are the Terms and conditions for The Breeze Radio Bandit competition.
1.1. These Terms and Conditions (‘Terms’) shall be binding on you (‘You’) and deemed accepted when entering The Breeze Radio Bandit (the ‘Competition’) operated by Celador Radio Limited (‘Celador’), which will run from 2 March 2015.
1.2. The promoter of the Competition is Celador Radio Limited, of 39 Long Acre, London, WC2E 9LG.
1.3. Entry and participation in The Breeze Radio Bandit shall be deemed an unconditional acceptance by You of these Terms. All entry instructions and any other specific details relating to the Competition or the prizes form part of these Terms.
1.4. You will have made certain representations and warranties to Celador (both in these Terms and otherwise) in participating in the Competition. Celador has relied on the accuracy and truth of such representations and warranties in granting a place to You. Should Celador or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Celador’s opinion, which shall be final) an adverse effect on the Competition, Celador (or any of its radio stations), reserves the right to forfeit your place in the Competition (without giving any reason and without notice).
1.5. You agree to co-operate with and comply with all reasonable requests of Celador and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
1.6. The Competition enables contestants an opportunity to win a share of the £80,000 prize pool (‘Cash Prize Fund’), as more set out in clause 6.
1.7. The Cash Prize Fund is shared across the entire network of The Breeze radio stations which has been split into two areas for the purpose of this Competition (South West plus Cheltenham, and Thames Valley plus Solent) (each a ‘Region’) and is split into two (2) prize pools of £40,000 each.
1.8. Each prize pool will be divided into prizes (a ‘Cash Prize’) between the twenty-three (23) days that the Competition will run in each Region.
1.9. The maximum single Cash Prize that a contestant may win is £20,000.
1.10. A Prize Winner shall be the person who correctly identifies the location and character of The Breeze Radio Bandit during the allocated game time (the ‘Period of Play’) and asks him the question “Are you The Breeze Radio Bandit?”. Only The Breeze Radio Bandit project manager and project team will know in advance the location of The Breeze Radio Bandit. When The Breeze Radio Bandit is correctly identified, the Prize Winner will be given a sealed envelope containing a code word and the amount of the Cash Prize that has been won. Upon verification by the project manager, the Prize Winner will win that Cash Prize, subject to their adherence of the Terms.
2. How To Enter
2.1. The Competition will commence on Monday 2 March 2015 and will run until Friday 27 March 2015 (inclusive), and will include three (3) rest days during which the Competition will not take place.
2.2. A typical Period of Play will be between 8am and 6pm. However this may be extended (earlier or later) by Celador, at its absolute discretion as it so chooses.
2.3. Celador will nominate specific game time periods during which contestants may approach people whom they believe may be The Breeze Radio Bandit.
2.4. Clues will be revealed daily and contestants will be invited to consider these clues in order to locate and identify The Breeze Radio Bandit. If a contestant thinks that they have identified someone who they believe is The Breeze Radio Bandit, they will be encouraged to ask that person the question “Are you The Breeze Radio Bandit?”
2.5. Celador may provide hints and clues at their absolute discretion. These may include and not be limited to on air broadcast, online, via social networking or via SMS.
2.6. Contestants must ask the question “Are you The Breeze Radio Bandit?” verbatim in order to be eligible to win. If a contestant does not ask the question exactly as written in these Terms, The Breeze Radio Bandit will not truthfully answer the question and the Cash Prize will not be secured. For the avoidance of doubt, variations such as “Are you The Bandit”, “You’re The Breeze Radio Bandit”, “Are you the Breeze Bandit” and the like will be inadmissible.
2.7. Contestants are obligated to behave in a safe and responsible manner at all times and must not take any unreasonable risks, including but not restricted to: road safety; adhering to any rules, restrictions or regulations existing at any location; general reasonable behaviour.
2.8. If The Breeze Radio Bandit is correctly identified and asked the question during a Period of Play (which will specified daily and broadcast on air), he will answer “Yes” and the winning contestant will win the nominated Cash Prize for that Period of Play as determined by Celador. Celador will assess, at its own absolute discretion, if the question has been asked correctly on site and will award the Cash Prize accordingly.
2.9. There will only be a maximum of one (1) winner per Period of Play, unless specifically stated by being broadcast on air or online, and the Cash Prize amount for each period of play will vary at the discretion of Celador.
2.10. Once a Prize Winner has been established by successfully questioning The Breeze Radio Bandit, the competition will cease for that Period of Play and the Cash Prize cannot be won again until the next Period of Play has been nominated by Celador.
2.11. If The Breeze Radio Bandit is not successfully identified during a Period of Play, no Prize Winner or Cash Prize will be awarded.
2.12. In the event that more than one person correctly identifies and questions The Breeze Radio Bandit, the Prize Winner will be the person who asks first. If more than one person asks simultaneously, the Cash Prize will be divided equally between all successful participants. All decisions as to which person asked the question first or who asked the question simultaneously will be made by Celador, at its absolute discretion. No correspondence or discussions regarding the decision will be entered into.
2.13. Contestants may be disqualified, at Celador’s absolute discretion, from the Competition for inappropriate behaviour when approaching, or seeking to approach, The Breeze Radio Bandit.
2.14. The hours of each Period of Play will be set each day by Celador. If The Breeze Radio Bandit is identified and asked outside a nominated Period of Play, he reserves the right to protect his identity and he may not answer truthfully. Any contestant who asks the question outside a Period of Play will not be eligible win a Cash Prize.
2.15. No person who approaches and/or questions The Breeze Radio Bandit will be answered truthfully or will become a Prize Winner if any of the following apply: the approach is made outside a nominated Period of Play; The Breeze Radio Bandit is travelling in private transport; The Breeze Radio Bandit is in a private residence or place of accommodation; if the Cash Prize for that Period of Play has already been won; the person is not eligible to win based on the criteria set out in clauses 3 and 4 of these Terms.
2.16. Celador may, at its own discretion, at any time replace the individual acting as The Breeze Radio Bandit with another person.
3. Eligibility to Enter the Competition
3.1. To participate in the Competition, You must be a resident of the United Kingdom, The Channel Islands or The Isle of Man. Employees of Celador Entertainment, Celador and all other subsidiaries of Celador Entertainment, their families, press, agencies or any persons directly or indirectly connected with the Competition are not eligible to enter.
3.2. You represent and warrant that You are, or will be, at least eighteen (18) years of age on the date of your identification of The Breeze Radio Bandit and, if requested by Celador, shall provide evidence of your age.
3.3. Any Competition Prize Winner is not eligible to re-enter any remaining parts of the Competition. Any such entries will be disqualified.
3.4. You must adhere to each of the Terms to be an eligible contestant and Prize Winner, and agree that by entering the Competition you agree to be bound by them.
4. Competition Rules
4.1. The interest and good reputation of Celador and its radio stations are paramount and Celador may, at its sole discretion, withdraw a place or require You to cease to have any involvement in the Competition if Celador, or any of its officers, believes it is in the best interests of Celador (or its radio stations) to do so. In particular (without limitation), Celador reserves the right to immediately withdraw the Cash Prize or your place in the Competition if it believes You to be in breach of any of its obligations, or representations and warranties under these Terms, or You otherwise conduct yourself in a manner which is inappropriate or unsuitable (at the discretion of Celador). You will not by any act or omission do anything, which might bring Celador or its radio stations into disrepute.
4.2. You represent and warrant that You do not have any criminal convictions or a criminal record and have not undertaken any past act of conduct which could affect the reputation of the Competition or Celador.
4.3. You warrant that you do not currently and have not in the past, worked for any other radio station or media organisation in the United Kingdom.
4.4. You will comply with the instructions and directions of Celador (failure to do so may lead to immediate disqualification, at the discretion of Celador).
4.5. Contestants must correctly identify The Breeze Radio Bandit and ask him the exact question “Are you The Breeze Radio Bandit?” in order to win.
4.6. Incomplete, indecipherable or inaudible entries will be void (at Celador’s absolute discretion).
4.7. Once The Breeze Radio Bandit has been correctly identified and a Prize Winner has been established, that Period of Play will be concluded and the Competition will reset and start again at a time or day nominated by Celador.
4.8. Prize Winners will be required to talk to a presenter and the call will be recorded with the presenter and broadcast. If the technical quality of the telephone line which has connected the Prize Winner to the studio is deemed by Celador to be unacceptable, or if the caller is driving at the time of the call and is unable to promptly stop for the duration of the call, or the call cannot continue for any reason, the call may be terminated and will not be broadcast.
4.9. You may participate in this Competition as many times as You wish, but once You have become a Prize Winner then You may no longer participate in the Competition.
4.10. The decision of Celador’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.11. Celador shall be entitled in its absolute discretion, to cancel the Competition for whatever reason(s) with immediate effect, by means of broadcast and/or online announcement without any liability in respect thereof.
4.12. In the event that the Competition is, for whatever reason, cancelled (and assuming a valid claim has been made) in the case of Cash Prizes, Celador will use reasonable endeavours to offer an alternative prize at some other time, which may be accepted instead by You. If such alternative prize is not accepted (or not offered), You shall have no claim against Celador in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
4.13. The Competition will ordinarily run between the hours of 8am and 6pm, but Celador reserves the right to modify this schedule as frequently as it chooses, without notice and for whatever reason.
4.14. The Competition will run from 2 March 2015 to 27 March 2015 inclusive and will include three rest days. However Celador reserves the right to shorten or extend the Competition dates as it deems necessary, without notice and for whatever reason.
4.15. Proof of eligibility may be required. Failure to comply with the eligibility criteria as set out in these Terms, and elsewhere as applicable, or failure to comply with instructions and/or directions given, or with these Terms in any way may result in disqualification of the contestant. For the avoidance of doubt, if Celador suspects that you are not eligible to participate in the Competition, then Celador reserves the right to terminate or suspend your participation.
5. Claims To Prizes
5.1. In order to enable Celador to correctly identify legitimate claims and to eliminate non-genuine, deceitful or fraudulent claims, Celador reserves the right to carry out an interview (by telephone or in person) with each successful Prize Winner (‘Claimant’) in the Competition and to audio record the interview. If a Claimant refuses to cooperate without good reason (in Celador’s opinion), or refuses or is unable to answer all questions raised in such an interview without good reason (in Celador’s opinion), then the Claimant’s rights will be treated as invalidated.
5.2. If Celador becomes aware of any fraud, deceit or similar action during, or at any time in connection with, the Competition, which relates in any way to a claim, then that claim will not be met, unless it is proven to the absolute satisfaction of Celador, that the Claimant has no actual or imputed knowledge of the fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if a Claimant provides an incorrect name, age, address or other incorrect information in relation to their entry, then Celador reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Claimant has made the claim). If the fraud, deceit or other action is only discovered after the Cash Prize has been released, the Claimant will undertake to return the same Cash Prize to Celador forthwith upon discovery by Celador.
6.1. The total Competition Cash Prize Fund is £80,000 which will be available in two (2) Regions, with £40,000 available in each Region. The maximum Cash Prize that a contestant may win is £20,000.
6.2. The Cash Prizes will be paid by cheque drawn in the name of the Prize Winner or by BACS (bank transfer) into the account detailed and owned by the Prize Winner. Celador will not retain any bank details, nor, for any reason, pass details of any Prize Winner to a third party except as set out in these Terms.
6.3. You are responsible for paying any tax on the Cash Prize, and you will indemnify Celador against any claim made against us for the same.
7.1. You undertake not to at any time disclose, reveal, communicate or otherwise make public to anyone, any information relating to Celador, its business, personnel, servants, agents or officers.
7.2. Without the prior written permission of Celador, You may not separately publicise your involvement in the Competition or the fact that you have won a Cash Prize.
8. Publicity & Winner Announcements
8.1. Prize Winners must, as a condition of entering the Competition, participate in all required publicity as directed by Celador.
8.2. You shall not, without the specific prior written consent of Celador, publish or disclose any information in connection with the Competition or the Cash Prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Cash Prize with any third party. All rights in relation to the Competition and the participant’s involvement therein shall vest exclusively with Celador.
8.3. You agree to undertake as requested by Celador, all interviews and other publicity activities, and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media throughout the world in perpetuity, at the discretion of Celador.
8.4. You hereby grant and assign to Celador (to the extent that it has the rights to grant the same) the entire copyright and other intellectual property rights in the Competition 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 (‘Products’) and where such Products are not in existence at the date of this agreement, by way of present assignment or future assignment. This assignment shall include the right for Celador to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and in all formats (including transmission by way of analogue transmission, digital broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case, for such purposes as Celador may in its absolute discretion determine.
8.5. Without limitation to any other rights under this Agreement, Celador shall be entitled to refer to your association with the Competition and the Cash Prize in all publicity, marketing and Competition material in connection therewith.
8.6. You agree that Celador may use your personal information (such as your name, age, and image), for the purposes of verifying that you are an eligible contestant and/or Prize Winner in the Competition.
8.7. Each Competition Prize Winner will be announced on air and set out on the Competition website(s) and other marketing material belonging to Celador.
9. Intellectual Property
9.1. You grant to Celador the unconditional and irrevocable right to broadcast the audio recording(s) in which you participate by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by Celador of the audio recording in which You may participate will not infringe any third party rights and You shall indemnify Celador for any loss, damage or liability arising in connection therewith.
9.2. You represent and warrant that You have the right, power and authority to grant the rights set out above and, where necessary, that You have obtained all consents and permissions in respect of the same.
9.3. 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 Celador for its own use (in its absolute discretion).
10. Celador Radio Limited - Exclusion of Liability
10.1. Celador 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 Cash Prizes other than those costs and expenses specifically provided for in the Cash Prize as set out in these Terms. This exclusion does not include any liability for negligence by Celador for death or personal injury arising out of such negligence.
10.2. Celador accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings, or for special, direct, indirect or consequential loss of any nature howsoever arising.
10.3. Celador shall not be liable to perform any of its obligations under the Competition or in respect of the Cash Prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate You in such circumstances.
11.1. You enter the Competition at your own risk and agree to indemnify Celador 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) and any claim arising from your own actions in any way in connection with the Competition, the Cash Prize or a breach of your obligations hereunder.
11.2. There is no fee payable to You in respect of your involvement in the Competition.
11.3. You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and travelling to and from the collection of the Cash Prize (if applicable) and acknowledge that all activities are undertaken at your own risk.
11.4. Celador 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. This limitation does not exclude any liability for negligence by Celador or death or personal injury arising out of such negligence.
11.5. Celador reserves the right to forfeit your place in the Competition or the Cash Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
11.6. These Terms shall be governed and construed in accordance with English Law.
11.7. These Terms represent the entire agreement between the parties relating to the Competition, or the Cash Prize (unless otherwise expressly confirmed in writing by Celador) and 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 other information of any nature about the Competition or the Cash Prize or any other terms should be relied upon unless confirmed in writing by Celador. 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.
11.8. 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 shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
11.9. 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.
11.10. Celador reserves the right to amend/add to these rules at any time. Amendments and additions will be listed in section 12 of these Terms. Participation in the Competition implies acceptance of these Terms.
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