Xfm South Wales: 106.8 - 107.3


 

General Terms and Conditions

Please read this carefully. By accessing websites owned, controlled, maintained or operated by GCap Media plc ("GCap") (including this website ) (together the "Sites") and/or by registering with the Sites you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy and the Competition terms and conditions (if applicable)) ("Terms"), whether or not you register to use the Site. If you do not agree to these terms and conditions of use, please do not use the Sites or register as a user..

Click here to read our privacy policy

If you have entered a competition on our Sites, please click here to read our Competition Terms and Conditions.

  1. Introduction and About Us
    The Sites are owned and operated GCap Media plc a company registered in England and Wales under number 923454 with its registered office at 30 Leicester Square, London WC2H 7LA ("GCap"). Our VAT number is 491 6907 13.
  2. Access to the Sites
    Access to the Sites is permitted on a temporary basis and GCap reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them). Please also see Section 5 below. GCap shall not be liable if for any reason the Sites are unavailable at any time or for any period. You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content - as defined below) (collectively, the "Site Services") for lawful purposes. You must not use our Sites or the Site Services:-
    • in any way that breaches any applicable local, national or international law or regulation;
    • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
    • for the purpose of harming or attempting to harm minors in any way;
    • to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("Spam").

    You are responsible for making any arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.

  3. Use of Content and linking to the Sites

    All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the "Content") belongs to GCap, or its licensors, and save where otherwise specified users should assume that all Content is owned by GCap. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of GCap's copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to GCap or its licensors.

    In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from GCap:-

    • redistribute any of the Content (including by using it as part of any library, archive or similar service);
    • remove any copyright or trade mark notice from the Content; or
    • create a database in electronic or structured manual form by downloading and storing all or any of the Content.

    You may not create any link from or to our Sites without GCap's prior written consent. Please contact us if you wish to request permission to link to our Sites.

  4. Registration

    As a user, you will be able to access material on most areas of the Sites without going through the registration process. However, we may restrict access to certain areas of the Sites (e.g. the Forums - see Section 5 below) and you may need to register with us to access such areas.

    On registration, you must provide GCap with accurate, complete registration information and it is your responsibility to inform GCap of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Sites with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services.

    GCap does not permit any of the following:-

    • any other person sharing your user name and password; or
    • access through a single name and password being made available to multiple users on a network.

    You are responsible for, and will be liable to GCap for, all use of the Sites made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security (eg the disclosure, theft or unauthorised use of your ID or any payment information), you must notify GCap immediately at contact us. GCap will not be liable to you or any third party for unauthorised use of your ID.

    If you register to use the free e-mail service on the Sites (if available), you must not use the service to send, or use or re-use any material which is un-lawful, threatening, abusive, libellous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content. You must not use such service or any other Site Services to send any chain e-mails or Spam.

  5. Community Forums and Posting Content to the Sites

    The Sites include chat rooms, bulletin boards, discussion groups and other public areas that allow you to interact with other users and GCap journalists ("Forums") and to post/transmit/upload ("Post") content to the Sites ("User Generated Content") including without limitation your review of any gig you attend, album reviews, personal blogs and your personal gallery.

    Where we do provide a Forum, we will provide clear information to you about the nature of the service being offered. GCap reserves the rights in its absolute discretion to cease the provision of any or all Forums without notice to you.

    As mentioned above, GCap journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain User Generated Content from special guests selected by GCap. The opinions of those GCap journalists and special guests are their own and are not necessarily endorsed by GCap. They should not be considered by you as professional advisers and any comments they make are not intended to amount to advice on which reliance should be placed.

    You will need to be registered as a user (unless otherwise stated) in order to Post User Generated Content. You are solely responsible for any material and information forming your User Generated Content.

    By Posting User Generated Content you warrant and agree that :-

    • you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian for you to use such Forums;
    • that you are resident in Great Britain and that you are accessing the Sites in Great Britain;
    • that you will comply with any additional rules posted by GCap on a Forum;
    • you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in these Terms;
    • that GCap is free and able to use User Generated Content in accordance with and in the manner set out in these Terms without any payment (including any royalty payments to third parties) and that in particular GCap may lawfully permit other users to view the User Generated Content;
    • have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content and in addition you warrant and agree that such User Generated Content:
    • is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
    • is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
    • is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
    • is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • is not sexually explicit, obscene or pornographic and does not promote violence;
    • such User Generated Content does not solicit personal information for any users under 18 years of age;
    • does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
    • does not violate any applicable law or regulation;
    • does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    • does not interrupt, destroy or limit the functionality of the Site(s) or any computer software or equipment;
    • does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data;
    • does not, or is not likely to, harrass, upset, embarrass, alarm or annoy another person; and
    • does not give the impression that it emanates from a third party (including GCap) if that is not the case.

    You warrant and undertake that you will not:

    • Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
    • Post or otherwise publish any User Generated Content unrelated to the Forum or the Forum's topic.

    By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive licence to GCap to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as GCap may in its reasonable discretion determine. Please note that you can terminate the licence granted under this paragraph by removing the User Generated Content from the Site and emailing us at contact us with full details of all User Generated Content that you wish to be removed. GCap will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.

    By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless GCap from all claims, costs, liabilities and expenses (including legal expenses) suffered by GCap arising out of any User Generated Content Posted by you that is in breach of these Terms.

    You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have Posted to our Site violates their intellectual property rights or any other right.

    The Forums contain User Generated Content submitted by users over whom GCap has no control. You acknowledge that it is not possible for GCap to fully and effectively moderate, oversee or monitor the Forums and in particular to monitor whether any User Generated Content infringes the copyright or any other right of a third party. You agree that GCap is under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any User Generated Content. GCap does not endorse any User Generated Content which is not necessarily reflective of the views of GCap. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forums and should not rely on User Generated Content in making (or refraining from making) any decisions. You agree that to the fullest extent permitted by law GCap shall not be liable to you in respect of any User Generated Content you view via this Site.

    Whilst GCap does not control or monitor the User Generated Content posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any User Generated Content.

    GCap reserves the right to contact you by e-mail with regard to your use of the Forums.

  6. Reporting offensive/illegal content

    Whilst GCap does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Sites. If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at contact us with the following information in sufficient detail:-

    • the location of the harmful/infringing/offensive content on our Site(s);
    • a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
    • a brief description of, and information related to, the copyright work which you believe is infringed; and
    • your contact details.

    We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.

  7. Suspension and termination of registration/access to Forums

    GCap will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s). When a breach of these Terms has occurred, we may take such action as we deem appropriate.

    Failure to comply with these Terms may result in our taking all or any of the following actions:

    • immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
    • immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
    • issue of a warning to you;
    • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • further legal action against you;
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.

  8. News by E-Mail

    GCap may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.

  9. Viruses, hacking and other offences

    You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which any of our Sites are stored or any server, computer or database connected to or on our Sites. You must not attack our Site(s) via a denial-of-service attack or a distributed denial-of-service attack.

    By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material Posted on it, or on any website linked to them.

  10. Minors

    We advise all parents to speak to their children regarding safety online.

  11. Third Party Sites - software and java security

    The Sites contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, GCap will make clear such links are being made, although Third Party Sites may be co-branded with GCap and so include GCap's trademarks. GCap is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site not operated by GCap to download software from the Sites or any other material, files, images or data, you acknowledge and agree that GCap has no responsibility or liability in connection therewith, and does not transfer title to you.

  12. Limitation of Liability

    The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst GCap aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and GCap assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by GCap and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. GCap therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.

    Because of the number of sources from which GCap obtains Content and User Generated Content and the nature of electronic distribution via the internet, GCap does not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an "as is" basis. To the extent allowed by applicable law, GCap hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, GCap makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.

    To the fullest extent allowed by applicable law, you agree that GCap will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by GCap, even if GCap has been advised of the possibility of such damages. Notwithstanding the provisions of this section, GCap's liabilities will not be limited in the case of death or personal injury directly caused by GCap's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.

  13. Privacy Policy

    This information that you provide about yourself to GCap will only be used by GCap in accordance with our Privacy Policy (details of which are available here privacy policy). The Privacy Policy does not apply to Third Party Sites.

  14. Changes to these Terms

    GCap reserves the right, at its discretion, to make changes to any part of the Sites or these Terms. When these Terms are changed, GCap will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Sites, you are agreeing now to be bound by those changes and revised terms.

  15. Advertising and sponsorship

    Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. GCap will not be responsible for any error or inaccuracy in advertising material.

  16. Choice of law & jurisdiction

    These Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of GCap, GCap retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into the course of your trade or profession, the country of your principal place of business.

  17. Third Party Copyright

    Some of the content is the copyright of third parties, including but not limited to Getty Images and ITN who reserve their rights. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were "GCap" herein and shall be bound accordingly.

  18. General

    You may not assign, sub-license or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

  19. Competitions

    1.1 These Competition Rules shall be binding on you (“you”) when you enter any promotion, prize draw or competition (“Competition(s)”) operated by GCap Media plc (“GCap”) (including but not limited to those Competitions operated by GCap on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by GCap from time to time. 1.2 All entry instructions and any other specific details relating to the particular Competition or the Competition prizes or gifts (“Prizes”) published on this website or in any media which features the Competition (ie on-air messages) together with these Competition Rules form the Competition Terms and Conditions (“Terms”). Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms. Where there is a conflict between the Competition Rules and any specific details published on this website or in any media featuring the Competition these Competition Rules shall prevail. 1.3 You must pass a copy of the Terms to your guests (if applicable) and you are responsible for ensuring that any guests are aware of and comply with these Terms. 1.4 It is agreed and accepted by you (except in respect of death or personal injury directly attributable to GCap’s negligence) that GCap shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our Sites. The relevant third party will be responsible for the fulfilment of the Competition. GCap accepts no responsibility for the acts or omissions of such third parties. 1.5 No purchase of any kind is required for free prize draws. Please follow the directions either on the Site for the particular Competition or as publicised in on-air messages. Alternatively, please contact us here for details of relevant no purchase routes. 1.6 You have made certain representations and warranties to GCap (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. GCap has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should GCap 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 (in GCap’s opinion, which shall be final) have an adverse effect on the Competition, GCap (or any of its radio stations), reserves the right in its absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition;or (ii) withdraw the Prize(s). 1.7 You agree to co-operate with and comply with all reasonable requests of GCap and its agents and employees (and in particular the health and safety team) in connection with any Competition and its broadcast.

  20. Eligibility to enter competitions

    2.1 You must be a resident of Great Britain to enter a Competition. Employees of GCap, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. GCap reserve the right to verify the eligibility of all entrants. 2.2 Unless otherwise stated, only one entry per person will be permitted and multiple entries will be void and the entrant(s) disqualified. 2.3 You may only enter a Competition as an individual, any entries that, in GCap’s absolute discretion, have been made via participation in a syndicate will be disqualified. 2.4 Any entries made, in GCap’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified, as will multiple entries from the same IP or telephone number. 2.5 A person or people at the same resedential address may not win more than one prize valued at £100 or greater (subject to each individual stations discretion) within a one year period following the first win, nor shall any member of such persons family (including, but not limited to, aunts, uncles, cousins, grandparents etc.) 2.6 Unless otherwise expressly stated, you represent and warrant that you are at least 18 years of age on the date you enter a Competition and, if requested by GCap, shall provide evidence of your age to GCap’s reasonable satisfaction. Written parental/guardian consent is required where a Competition states that entrants may be under 18 years of age. 2.7 Proof of eligibility to enter a Competition must be provided to GCap on request. 2.8 You must enter any Competition using your legal name. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.

  21. Health and Safety

    3.1 By entering a Competition, you confirm and warrant that, to the best of your knowledge and belief, 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 when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which GCap considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification. 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. 3.4 You must notify GCap 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. GCap 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. 3.5 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 GCap and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol. 3.6 You will comply with all directions of GCap or GCap’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at GCap’s direction. 3.7 You confirm that you are not taking any medication at present and will not take any medication during the Competition.

  22. Competitions - General

    4.1 You will comply with the instructions and directions of GCap or GCap’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at GCap’s direction. 4.2 You agree you will not by any act or omission do anything, which might bring GCap or its radio stations into disrepute. 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 adversely affect the reputation of the Competition or GCap. You also 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. 4.3 Source material utilised by GCap’s question compilers shall be taken as correct. 4.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted. 4.5 GCap does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt. 4.6 No entries will be accepted from agents, in bulk or from third parties. 4.7 In the case of a prize draw, the first valid correct entry drawn at random by an independent judge or a panel of judges (featuring at least one independent member) will be the winner and where relevant the second drawn shall win the runner up prize and so on. 4.8 The decision of GCap’s judges is final and conclusive in all circumstances and no correspondence will be entered into. 4.9 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (eg of entries or tokens) will not be accepted. 4.10 GCap reserves the right, in its reasonable discretion, to add to or to waive any Terms on reasonable notice. 4.11 GCap cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize. 4.12 Any personal data submitted by you will be used solely in accordance with current UK data protection legislation and GCap’s privacy policy.

  23. 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. GCap will not be liable in the event of entries not received as a result of network incompatability. 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 shortcode as advertised on-air. Please be aware that shortcodes may change from Competition to Competition. 5.4 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as mis-spelt or incorrect text entries will be void. 5.5 A text message to the Competition shortcode will normally cost a premium charge plus the standard rate for your mobile network provider. 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. However, no purchase of any kind is necessary for free prize draws and in all Competitions which are free prize draws where an offer is made for participation involving a premium rate telephone call or reverse billed SMS message, alternative non-billed entry mechanisms will be made available. You should refer to this Site or on-air messages for the relevant Competition for details of the no purchase necessary route to entry. 5.6 GCap reserves the right to disclose your personal data to The Independent Committee for Supervision of Standards of Telephone Information Services (“ICSTIS”) at the reasonable request of ICSTIS. 5.7 Text messaging charges incurred as a result of entrance to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill. 5.8 Please note that multiple entries (or votes) by text message shall each be charged and incur the full charges applicable however you will only receive a single entry (or vote).

  24. Claims to prizes

    6.1 In order to enable GCap to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, all entries must be made available if requested for the checking of such claim. In addition, GCap reserves the right to request proof of identity and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. GCap may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with you and may be recorded. GCap may also ask you to provide an in-studio recording to compare to your on-air win to provide proof of vocal identity. If you refuse to provide any of these details or participate in or answer all questions raised in such an interview without good reason then your place in the Competition will be treated as invalidated and the Prize may be withdrawn. 6.2 If GCap becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of GCap, 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 GCap 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, misconduct or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to GCap forthwith upon notification by GCap. 6.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid. 6.4 Winners of Prizes will be notified within [28] days of the relevant Closing Date for the Competition

  25. Prizes

    7.1 All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives. 7.2 GCap does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you. 7.3 In the event of unforeseen circumstances or circumstances outside GCap’s reasonable control, GCap reserves the right to offer an alternative prize of equal value. No cash will be offered. 7.4 In the event of there being more claims than Prizes available (and subject to clause 11), the name of the valid claimants will go into a draw for the Prizes.

  26. Holiday Prizes

    8.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by GCap. 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 6 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 GCap. 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 All holidays must be taken within 6 months of the date of the Competition (unless agreed with GCap) or will be deemed invalid. 8.5 You must comply with the terms and limitations of any insurance policy offered as part of the Prize, relating to the holiday. 8.6 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. 8.7 You are not entitled nor authorised in any way to commit GCap to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. 8.8 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. 8.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by GCap or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which you may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from a London airport, meals and drinks). 8.10 Unless otherwise stated, you are responsible for ensuring you have adequate travel insurance. 8.11 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.

  27. Ticket Giveaways

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

  28. Cancellation of Entries or the Competition

    10.1 You acknowledge that the interests and good reputation of GCap and its radio stations are paramount and GCap may, at its reasonable 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 GCap (or its radio stations) to do so. 10.2 GCap reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of GCap). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary). 10.3 GCap shall be entitled, in its reasonable discretion, to cancel a Competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof. In this event (and assuming a valid claim has already been made, GCap will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable 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 GCap in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof. 10.4 GCap 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. 10.5 A Competition or specific promotional devices, may be declared as void by GCap if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by GCap. 10.6 The Competition may also be declared void should a printing or production error in connection with the Competition appear on this Site or occur in an on-air message. 10.7 GCap reserves the right in its reasonable discretion to (i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition; (ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition on this Site or on-air) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.

  29. Confidentiality

    11.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to GCap, its business, personnel, servants, agents or officers to anyone. 11.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of GCap.

  30. Publicity

    12.1 Winners must as a condition of the Prize participate in all required publicity. 12.2 You acknowledge and agree that GCap may publish winners’ names on any and all media and make these available on request to third parties. Winners’ names are available on request by sending an SAE to the address published on this Site and/or stated on air up to 1 month after the closing date for the relevant Competition. 12.3 You shall not without the specific prior written consent of GCap 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 your involvement therein shall vest exclusively with GCap. 12.4 You agree to undertake (as requested by GCap) all interviews, Competitions and other activities and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media throughout the world at the discretion of GCap in perpetuity. 12.5 Without limitation to any other rights under this Agreement, GCap shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

  31. Intellectual Property

    13.1 Unless otherwise stated, Competition entries will not be returned to you. 13.2 In respect of copyright and other intellectual property rights in any Competition, your entry into 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”), you: (a) hereby grant to GCap a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual propery rights in any and all media to the extent Gcap deems it appropriate; and (b) agree, at GCap’s request, to assign to GCap the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by GCap to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for GCap to alter, edit, compile, 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 or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as GCap may in its absolute discretion determine. 13.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to GCap will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. GCap reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information. 13.4 By entering any Competition and submitting any material or Products you warrant to GCap that: (a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms; (b) GCap is free and able to use the Products in accordance with and in the manner set out in any relevant terms; (c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product; (d) the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising); (e) the Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (f) the Products are not obscene or pornographic; and (g) the Products 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. 13.5 The entrant to a Competition is the individual submitting the media (ie the person who owns the mobile telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof. 13.6 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of GCap may result in your disqualification from the Competition and forfeiture of any Prize. 13.7 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 GCap for its own use (in its absolute discretion).

  32. GCap – exclusion of liability

    14.1 GCap is not liable in any way for any costs, expenses, damages, liability or injury 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). This exclusion does not include any liability for (i) negligence by GCap; (ii) death or personal injury arising out of GCap’s negligence or the negligence of its employees; (iii) fraud or fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law. 14.2 GCap 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. 14.3 GCap 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 reasonable control and whilst GCap may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.

  33. General

    15.1 You undertake the Competition and the taking of any Prize at your own risk. 15.2 You agree to indemnify GCap 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 GCap arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow GCaps’ reasonable instructions with regard to your entry into the Competition or taking of the Prize. 15.2 There is no fee payable to you in respect of your involvement in the Competition. 15.3 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 GCap may be accessed by third parties. GCap accepts no liability for loss resulting from your entry to an online Competition. 15.4 These Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England. 15.5 No variation of these Terms is effective unless approved by an authorised representative of GCap in writing. 15.6 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by GCap) 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. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms. 15.7 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. 15.8 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. 15.9 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected. June 2007

    © GCap Media plc 2007