1. Introduction

These Terms and Conditions (“Terms”) shall be binding on you when entering any competitions (“Competition(s)”) operated by Durham Hits, its sponsor(s) or any company, radio station, app, or website owned or controlled (directly or indirectly) by Durham Hits from time to time.

1.1 Entry and participation in any competition 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.

1.2 It is agreed and accepted by you that Durham Hits shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors).

1.3 You have made certain representations and warranties to Durham Hits (both in these Terms and otherwise) in applying for a place on the Competition. Durham Hits has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Durham Hits 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 Durham Hit’s opinion, which shall be final) an adverse effect on the Competition, Durham Hits, reserves the right to forfeit your place in the Competition (without giving any reason and without notice).

1.4 You agree to co-operate with and comply with all reasonable requests of  Durham Hits and its agents, any sponsors, and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.

1.5. Some competitions will run online only or radio only. The individual rules for each competition state which service are being used for the competition.

1.6. Each individual competition with have its own set of rules, which should be read in conjunction with this document. Individual competition rules will be published from time to time on the company website or websites, during the duration of the competition. The individual competition rules will include the method of entry, the duration of the competition, the deadlines for entries, the method by which the winner is selected, the prize or prizes on offer, and other rules from time to time required.

2. Eligibility to enter competitions

2.1 You must be a resident of Great Britain, Northern Ireland, the Isle of Man or the Channel Islands. Employees, Members or volunteers of Durham Hits, their families, or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.

2.2 With the exception of one-time entry competitions, multiple entries to Durham Hits competitions are allowed.

2.3 You represent and warrant that you are at least 18 years of age on the date of the Competition and, if requested by Durham Hits, shall provide evidence of your age.

2.4 Durham Hits has the right to refuse qualification of entry to any competition if the person/entrant has already won a competition on Durham Hits within the previous three months.  A person may not win more than one prize valued at £50 or more within a three-month period following the first win.  A person/entrant may not win more than one prize valued at £500 or more within a six-month period following the first win, nor shall any member of such person’s family residing at the same address. Durham Hits reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.

2.5 Should any person enter a competition using two or more names or identities, or intend to deceive Durham Hits in any way as to the person entering the competition, in order to procure an advantage, the company reserve the right to ban that individual from entering any future competition, for life, without notice and without any right of appeal.

3. Health and Safety at an Durham Hits Event

3.1 You confirm and warrant that, to the best of your knowledge, your general state of health is good, and 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.

3.2 You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you that Durham Hits considers posing any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).

3.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk. You must notify Durham Hits of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. Durham Hits reserves the right to forfeit your place on the Competition or the 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.

3.4 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Durham Hits and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.

3.5 You will comply with all directions of Durham Hits in respect of health and safety (failure to do so may lead to immediate disqualification, at Durham Hits’s direction).

3.6 You confirm that you are not taking any medication at present and will not during the Competition.

4. The Competition

4.1 The interests and good reputation of Durham Hits is paramount and Durham Hits may, at its sole discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Durham Hits to do so. In particular (without limitation), Durham Hits reserves the right to immediately withdraw your place in the Competition or the Prize if it believes you to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conducts yourself in a manner which is inappropriate or unsuitable (in the discretion of Durham Hits).  You shall be responsible for any additional costs in this respect (including the costs of your early return to the country, if necessary). You will not by any act or omission do anything, which might bring Durham Hits into disrepute.

4.2 You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could affect the reputation of the Competition or Durham Hits.

4.3 You will comply with the instructions and directions of Durham Hits (failure to do so may lead to immediate disqualification, at Durham Hits’s direction).

4.4 Incomplete or indecipherable entries will be void (in Durham Hit’s absolute discretion).

4.5 Durham Hits does not accept responsibility for entries lost, damaged, or delayed in transit to the competition postal address, email address, text number, or mobile number. Proof of sending will not be accepted as proof of receipt (nor will proof that an e-mail or text has been sent rather than received).

4.6 Source material utilised by Durham Hits question compilers shall be taken as correct.

4.7 Late entries will not be accepted.

4.8 In the case of a prize draw, the winner or winners will be determined by the rules for the individual competition.

4.9 The decision of Durham Hit’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

4.10 Durham Hits shall be entitled, at its absolute discretion, to cancel a competition with immediate effect by an on-air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of online competitions) without any liability in respect thereof.

4.11 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Durham Hits will use reasonable endeavours to offer an alternative prize at some other time and/or some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against Durham Hits in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.

4.12 During ‘Register To Play’ contests, which will be clearly labelled on air, listeners must call with their contact number during the stated registration period. A randomly selected caller will be phoned back to participate in the contest. If the caller does not answer their phone within 60 seconds, Durham Hits may disregard their entry and select a new caller.

5. Competition Entries via Text Message

5.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service (“SMS”) known commonly as a text message. Users should check with their service provider for details of compatibility. Please note all charges will be standard SMS charges for entering any Durham Hits Competition however please ask the bill payer to confirm your exact charge with your service provider.

5.2 Entries to Competition(s) via “text message” may only be submitted if the eligibility of text message entries is confirmed on-air.

5.3 Entries by text message must be sent to the applicable mobile number as advertised on-air.

5.4 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as misspelt or incorrect text entries will be void.

5.5 Text message to the Competition mobile number will normally cost a standard rate call for your mobile network provider with payment being the responsibility of the owner of the device. You should check with your network provider for more details. For the avoidance of doubt, the cost of calls from different mobile phone service providers may vary.

5.6 Please note that multiple entries (or votes) by text message shall each be charged as a single entry (or vote) and every text message shall incur the full charges applicable.

5.7 Durham Hits does not accept responsibility for “text message” entries lost, damaged, or delayed in transit to the competition. Proof of transmission will not be accepted as proof of receipt.

6. Claims to Prizes

6.1 In order to enable Durham Hits to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Durham Hits reserves the right to carry out an interview (by telephone or in-person with you and to record the interview). If you refuse to participate in or answer all questions raised in such an interview without good reason, then your place will be treated as invalidated.

6.2 If Durham Hits becomes aware of any fraud, deceit, or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Durham Hits, that you had no actual or imputed knowledge of such fraud or deceit or similar action.  For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address, or other incorrect information in relation to the entry, then Durham Hits reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit, or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Durham Hits forthwith upon discovery by Durham Hits.

7.  Prizes

7.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Durham Hits may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.

7.2 Durham Hits does not accept any liability for claims or prizes which are lost, delayed, or damaged in transit, not collected or otherwise not validly received by you.

7.3 Cash prizes will be paid by BACS (bank transfer) into the account detailed by the prize winner. If a prize winner cannot provide bank details, at the company’s discretion, cash or a cheque may be raised in the prize winner’s name. The station does not retain any bank details. The station does not pass any winner’s details to a third party for any reason.

7.4 Collection of prizes is covered by clause 14, below.

8. Holiday Prizes

8.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Durham Hits. There will be no cash alternative. There will be no alternative destination.

8.2 Holidays are non-transferable. Holidays are subject to availability.  You must hold a valid UK passport with at least six months further duration (or competition entry will be invalid).

8.3 Holidays are not available to persons under the age of 18 without the express prior written permission of Durham Hits. Children between the ages of 12 and 16 years for the purpose of airfares are considered to be adults. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.

8.4 In the event of unforeseen circumstances or circumstances outside Durham Hit’s reasonable control Durham Hits reserves the right to offer an alternative prize of equal value. No cash will be offered.

8.5 All holidays must be taken within the period laid down in the rules of the specific competition or will be deemed invalid.

8.6 Some holidays may require to be taken within a short period of winning. This will be specified within the rules of the specific competition.

8.7 You must comply with the terms and limitations of any insurance policy relating to the holiday.

8.8 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

8.9 You are not entitled nor authorised in any way to commit Durham Hits to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of Durham Hits in writing.

8.10 Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.

8.11 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Durham Hits, or its agents are for guidance only and are subject to change without notice with no liability arising for the company. You must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from an airport, meals, drinks and other expenses).

8.12 You must comply with and are responsible for attending to any inoculation and health regulations required for your destination or method of transportation.

8.13 Should a passport or visa be required, application and the cost of any such passport or visa shall be your sole responsibility and not the responsibility of Durham Hits. Should a passport or visa be declined, the competition prize shall be considered null and void.

9. Ticket give-aways and VIP Private Sessions

9.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.

9.2 Furthermore, Durham Hits reserves the right to refuse tickets to applicants, without providing reason.

10. Confidentiality

10.1 You undertake not at any time to disclose, reveal, communicate, or otherwise make public any information relating to Durham Hits, its business, personnel, servants, agents or officers to anyone.

10.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Durham Hits.

11. Publicity

11.1 Winners must as a condition of the prize participate in all required publicity.

11.2 You shall not without the specific prior written consent of Durham Hits publish or disclose any information in connection with the Competition or the 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 Prize with any third party.  All rights in relation to the Competition and the Participant’s involvement therein shall vest exclusively with Durham Hits.

11.3 You agree to undertake as requested by Durham Hits all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Durham Hits in perpetuity.

11.4 You hereby grant and assign to Durham Hits (to the extent that it is 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 (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Durham Hits 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 all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable, telephony or other forms of communication) and to licence any other persons to do so, in each case for such purposes as Durham Hits may in its absolute discretion determine.

11.5 Without limitation to any other rights under this Agreement, Durham Hits shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

12. Intellectual Property

12.1 In the case of competitions which require you to submit audio recordings you grant to Durham Hits the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you 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 Durham Hits of the audio recording submitted will not infringe any third party rights and shall indemnify Durham Hits for any loss, damage or liability arising in connection therewith.

12.2 You represent and warrant that you have the right, power, and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.

12.3 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 Durham Hits for its own use (in its absolute discretion).

13. Durham Hits – Exclusion of Liability

13.1 Durham Hits 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 prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Durham Hits or death or personal injury arising out of such negligence.

13.2 Durham Hits 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.

13.3 Durham Hits shall not be liable to perform any of its obligations under the competition or in respect of the 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.

14. Collection of Prizes

14.1 Unless otherwise stated in the individual rules of a competition, prizes will be posted to the home address of the competition winner.

14.2 If an address is not confirmed within 5 business days Durham Hits reserves the right, to forfeit (without liability or compensation) the prize from the winner. In such cases, Durham Hits shall at its discretion (a) draw another winner should that be appropriate within the rules of the individual competition and then only if the prize is not time-limited, for instance, tickets for an event with a specific date or dates, or an item which has another form of expiry date, (b) use the prize in a future competition, (c) pass the prize to a charity or good cause identified by Durham Hits.

14.3 In the case of non-collection by the winner, Durham Hits shall not be held liable for any loss incurred by the winner of the competition nor be liable to replace a prize which has been forfeited.

15. General

15.1 You undertake the Competition at your own risk and agree to indemnify Durham Hits 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 Prize or a breach of your obligations hereunder.

15.2 There is no fee payable to you in respect of your involvement in the Competition.

15.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.

15.4 Durham Hits 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 Durham Hits or death or personal injury arising out of such negligence.

15.5 Durham Hits reserves the right to forfeit your place in the Competition or the 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.

15.6 In the case of online competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled Durham Hits   may be accessed by third parties. Durham Hits accepts no liability in such cases.

15.7 These Terms shall be governed and construed in accordance with English Law.

15.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Durham Hits) 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 information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Durham Hits. 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.

15.9 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.

15.10 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.