Terms and Conditions

Background

TERMS AND CONDITIONS

WEBSITE

IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE CONDITIONS, WHICH TAKE EFFECT IMMEDIATELY FROM THE MOMENT YOU FIRST USE THIS WEBSITE.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE AND SHOULD REFRAIN FROM ACCESSING THIS WEBSITE IN THE FUTURE.

  1. Definitions

Conditions means these terms and conditions of use of our Website;

we, us or our means the GlitterBeam Radio Station

you and your means the user of this Website; and

Website means this website.

  1. Introduction

1 You may access most areas of this Website without registering your details with us.

2 By accessing any part of this Website, you shall be deemed to have accepted these Conditions in full. If you do not accept these Conditions in full, you must leave this Website immediately.

3 We may revise these Conditions at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Website.

  1. Use of the Website

4 You are permitted to print and download extracts from this Website for your own use on the following basis:

4.1 no documents or related graphics on this Website are modified in any way;

4.2 no graphics on this Website are used separately from accompanying text; and

4.3 our copyright and trade mark notices and this permission notice appear in all copies.

5 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Conditions, any use of extracts from this Website other than in accordance with paragraph 4 above for any purpose is prohibited. If you breach any of the terms in these Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

6 Subject to paragraph 4, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

7 Any rights not expressly granted in these Conditions are reserved.

  1. Service Access

8 While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.

9 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10 We do not warrant that functions contained in this Website will be uninterrupted or error free, or that defects will be corrected, or that the Website or the server are free of viruses or bugs (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  1. Visitor Material and Conduct

11 Other than personally identifiable information, which is covered under the Privacy Policy appearing on this Website, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

12 You are prohibited from posting or transmitting to or from this Website any material:

12.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

12.1.2 for which you have not obtained all necessary licences and/or approvals; or

12.1.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

12.1.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

13 You may not misuse the Website (including, without limitation, by hacking).

14 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 10 or paragraph 11.

  1. Exclusions and Limitations

15 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

16 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this Website.

17 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

17.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website;

17.2 the unavailability of our Website (or any part of it); or

17.3 any misrepresentation on or relating to our Website (other than a fraudulent misrepresentation made by us or on our behalf).

18 Under no circumstances will we (including, for the avoidance of doubt, any member of the Group) be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):

18.1 loss of data;

18.2 loss of revenue or anticipated profits;

18.3 loss of business;

18.4 loss of opportunity;

18.5 loss of goodwill or injury to reputation;

18.6 losses suffered by third parties; or

18.7 any indirect, consequential, special or exemplary damages arising from the use of this Website regardless of the form of action.

19 You agree that each of these limitations is reasonable having regard to the nature of our Website.

20 None of the exclusions or limitations above shall exclude or restrict our liability for death or personal injury caused by our negligence.

21 None of the exclusions or limitations above shall affect any statutory rights which are not capable of being excluded.

22 Each of the exclusions or limitations above shall be construed as a separate, and severable, provision of the conditions.

  1. Links to other websites

23 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

  1. Intellectual Property

24 The names, images and logos identifying the Station or third parties and their products and services are subject to copyright, design rights and trademarks owned by us and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, or otherwise any licence or right to use any trademark, patent, design right or copyright of the Group or any other third party.

  1. Contributions to the Website

25 The comment section of this Website is intended to be an area where you can read and engage in lively, rational discussion on any issue. We are keen for the section to promote honest and forthright discussion of the issues and to allow people of all opinions to express their views. Comments are moderated and subject to an anti-spam scan.

26 You are welcome to post, transmit or submit messages and other materials (including any text, photographs, graphics, video or audio), subject to you agreeing to these Conditions.

27 You retain all copyright in any information you post on this Website. On submitting your contribution you agree to grant to us a non-exclusive, royalty-free, transferable, worldwide licence to use, copy, adapt, modify, sub-license, transmit, distribute, publish or display your contribution or any part thereof as we see fit.

  1. House Rules

28 Contributions to this Website are subject to the following terms:

28.1 Our moderators will view all comments before appearing on this Website. Our moderators will assess the comments solely on the basis of the rules outlined in these Conditions. If they believe that the comment exceeds the boundaries outlined here, the comment will be deleted and will not appear. If a comment includes unacceptable elements, we reserve the right to delete the entire comment. The decision of our moderators is final and no correspondence will be entered into.

28.2 We will not respond to comments posted on this Website. If you require a response please complete the ‘contact’ section of this Website.

28.3 Criteria which our moderators judge comments on include, but are not limited to defamatory, libel, racism, sexism, sectarianism, obscenity, threatening language, impersonation or expressing support for a proscribed organisation.

28.4 We would ask that you use your name on comments wherever possible. Again this helps to add to the mature and constructive debate on the Website. If for any reason you decide to use a pseudonym we would ask that you choose a name that is not offensive in any way and adheres to the boundaries outlined above.

28.5 Please do not use swear words in your comments. Please try to ensure spelling, punctuation and grammar in your comments are of a suitable standard.

28.6 Please do not post messages that are not related to the topic being discussed. We understand that discussions can widen beyond the original topic and are keen to foster debate, but comments that are irrelevant contribute nothing to the debate.

28.7 Please do not post the same comment a number of times. Once is sufficient. Our moderators check comments regularly and if you are patient it should appear within a reasonable period of time.

28.8 These Conditions may be amended from time to time. It is your responsibility to check for, and adhere to, the updated Conditions. The views expressed in the comment section in no way reflect those of any member of the Group. We take no responsibility for posts on this Website.

28.9 Users should not breach copyright restrictions by posting information in any form (e.g. text, video, audio, graphics) to which they do not hold the copyright. Use of this Website constitutes your acknowledgement and acceptance of the Conditions outlined.

28.10 Our web server will automatically log the IP address of anyone posting a comment to the Website. Any information gathered from that process will remain confidential and will only be disclosed as required by law. For further details please refer to our Privacy Policy appearing on this Website.

  1. Right of Automatic Suspension

30 We shall have the right to immediately suspend your access to our Website if you commit a breach of these Conditions, and the right to remove any material that we, at our sole discretion, consider to be defamatory, or otherwise in breach of any of these Conditions.

  1. Indemnity

31 You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Conditions or any use of our website.

  1. Severability

32 If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term or condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.

  1. Privacy

33 If we gather any information about you then such information will be gathered and used by us in accordance with our Privacy Policy (a copy of which can be found elsewhere on this Website).

  1. Waiver

34 No waiver by us of any breach by you of any of these Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.

  1. Law and Jurisdiction

35 These Conditions shall be governed by and construed in accordance with English law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the English courts

  1. Photographic Images Of Minors

If anyone objects to a photo or image of their child being used on the website, we will gladly remove it. Photos from station events are uploaded to our websites in good faith. If you’d like to request an image to be removed from this website, please contact the webmaster.

INTERACTION WITH GLITTERBEAM RADIO: COMPETITIONS, PRIZE DRAWS, POLLS

Introduction

A. General Competition and Prize Draw Terms and Conditions

1. Eligibility

2. Entry

3. The Prize

4. Winner Selection

5. Winner Contact (including time sensitive/critical prizes)

B. Vote and Poll Terms and Conditions

C. Manipulation of services

D. Liability

E. Privacy

F. General

G. Contact Details and Further Information

Introduction

The following terms and conditions apply to all competitions, prize draws, votes and polls promoted by the Promoter in any media including without limitation in radio shows, online and/or on mobile. Please see end of these terms and conditions for details of the Promoter.

These general terms and conditions apply in addition to any specific terms and conditions which may be mentioned in any promotion of or messages about that competition, prize draw, vote or poll on any platform (interaction information). Where applicable, specific terms and conditions for each competition, prize draw, vote or poll can be found associated with the competition itself.Together these general terms and conditions and the interaction information shall be referred to as the interaction terms and conditions. To the extent that there is any inconsistency between these general terms and conditions and any interaction information, the interaction information will prevail.

The interaction terms and conditions may be amended at any time without prior notice. Any changes will be posted on the GlitterBeam website. It is your responsibility to ensure you review the current interaction terms and conditions before entering any competition, prize draw, vote or poll.

By taking part in the competition, prize draw, vote or poll (as applicable), you accept and agree to the interaction terms and conditions. If you do not agree with any of the interaction terms and conditions then you should not take part in the competition, prize draw, vote or poll (as applicable).

We recommend that you print and store or save a copy of these terms and conditions for future reference during the competition, prize draw, vote or poll.

A. General Competition and Prize Draw Terms & Conditions

The following general terms and conditions apply to all competitions and prize draws.

  • Eligibility

1.1. Entrants must meet the eligibility requirements as specified in the interaction terms and conditions.

1.2. Entrants must be aged 18 years or over at the time of entry, unless specified otherwise.

1.3. Unless otherwise specified in the interaction information, entrants must enter using a valid e-mail address/social media profile. Please note that using non-valid e-mail addresses/ fake social media profile is likely to be deemed an attempt to manipulate the competition/prize draw (in line with section C) and may result in such entries being invalid and/or forfeiture of any prize.

1.4. If selected as a winner of a prize draw or competition, the winner must provide an address for delivery of the prize.

1.5. Employees and members of their immediate families (including any live-in partner) of the Promoter and/or those associated with the operation or promotion of the competition or prize draw, including without limitation the provider of the prize or the producer of the programme, are ineligible to enter. Any such entries are invalid.

1.6. The Promoter reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. The Promoter may withhold delivery of a prize until it has received such evidence from the winner and failure to provide such evidence in a timely manner may result in forfeiture of the prize.

  • Entry

2.1. The opening date and closing date and time for entries are as indicated in the interaction information. Any entries received before the competition or prize draw opens or after the closing date and time will not be counted but may still be charged.

2.2. For competition entry, entrants must answer the question(s) or complete the task(s) specified and submit the information as indicated in the interaction information. For prize draw entry, entrants must submit the information as indicated in the interaction information.

2.3. Entrants may be required to provide their full name, full contact telephone number (including area code if providing a landline number) or other method of contact (if applicable), email address and/or any other information as specified at the time of entering the promotion. This information cannot be amended once an entrant has entered the promotion.

2.4. Each entrant will not be charged unless indicated in the interaction information. If charges apply, entrants must have the permission of the bill payer before entering the promotion. Any cost of entry and/or entry delivery costs includes taxes (where applicable).

2.5. The Promoter gives no warranty that the service will be available, legal or appropriate for use in locations outside the UK.

2.6. Entry to the promotion must be by the applicable method(s) as indicated in the interaction information which may include any (but not necessarily all) of the following:

2.6.1. Phone entry: Phone entrants should call the phone number as indicated in the interaction information, and follow the instructions in the recorded message.

The call charges will be the cost indicated in the interaction information plus any applicable network access charge. The total cost will be dependent on the entrants network.

2.6.2. SMS entry: SMS entrants should send an SMS to the shortcode as indicated in the interaction information. The charge per SMS will be the cost indicated in the interaction information plus any applicable standard network charges. The total cost will be dependent on the entrants network. Charges will be deducted from the entrants available credit if they are a pre-pay customer or appear on their monthly statement if they are a pay-monthly customer.

SMS entrants will receive an SMS text message confirming their entry, which may include information about the programme, its sponsor or other services relating to the promotion. SMS entrants may opt out of receiving additional marketing messages at any time (please see section 9.2 of these terms and conditions).

2.6.3. Web entry: Web entrants are required to follow the instructions on the website as indicated in the interaction information. Internet service providers fees may apply when accessing the internet. By using the website, entrants also agree to the GlitterBeam Services Terms of Use available above.

2.6.4. Postal entry: Postal entrants may enter the promotion by mailing their full name and a contact telephone number (including area code if providing a landline number) or other method of contact (as applicable), as well as other required information and/or material to the postal address as specified in the interaction information. Entries must be sent on a postcard or on or within an envelope. Entries received on anything other than a postcard or envelope will not be accepted. In the case of multiple entries received in a single envelope or postcard, only one entry will be entered into the promotion. Entries sent by post must be received at the relevant postal address specified for entries by the closing date and time for receipt of entries. Postal entries without correct and sufficient postage paid will be invalid and will not be considered. Personal and hand deliveries will not be accepted.

2.7. Entries must not be sent in through agents, third parties or on behalf of another person unless otherwise specified in the interaction information. Such entries are void. Bulk entries are void and cannot be accepted.

2.8. Any entries which are above the maximum number of entries for each method of entry as specified in the interaction information or which are incomplete, without all the required information, inaudible, incomprehensible, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are not received by the Promoter or are not otherwise in accordance with the interaction terms and conditions are invalid and will be discounted.

2.9. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by entrants, or the operation of any part of the competition or prize draw service, networks or systems, the decision of the Promoter shall be final.

2.10. Where entrants are required to submit a contribution (which may include but is not limited to photograph(s), video, audio, live-media images, drawings and/or other similar designs) as part of their entry, entrants also agree to GlitterBeam’s General Participation Terms which apply. It is recommended that entrants send in copies rather than original material as such material will not be returned unless otherwise specified in the interaction information.

  • The Prize

3.1. The prize is as specified in the interaction information. Unless otherwise stated in the interaction information, each entrant is limited to winning one prize per competition or prize draw.

3.2. The prize is subject to availability and to winner confirmation, i.e. the Promoter has managed to contact the winner and confirm eligibility. The prize is also subject to the terms and conditions of the prize provider, their agents, and where applicable to the terms of the venue and/or the manufacturer.

3.3. Any prize elements including travel and/or accommodation will be subject to availability. Certain dates may be excluded when the winner may not take up the prize. Where the prize involves travel or accommodation on a date and/or to a destination to be chosen by the winner, the Promoter reserves the right to determine a final date by which the prize must be taken. Where the prize necessitates travel and/or attending an event on a specific date, the winner must be available on the date(s) specified by the Promoter in the interaction information and no alternative dates will be available.

3.4. Unless otherwise specified, all elements relating to a prize including travel and/or accommodation must be taken up during one period, and not on non-consecutive dates. The winner (and their companion(s) if applicable) will be required to hold a valid passport, any required visas and/or other necessary travel documentation. Where the prize relates to travel for more than one person, the winner and their companion(s) must travel together, departing from and returning to the same location at the same time and on the same itinerary. The prize provider and/or their agents cannot guarantee that seats will be adjacent to each other.

3.5. Where the prize includes a cheque, voucher or giftcard, such prize will be made payable in pounds sterling in the name of the winning entrant only and such cheque, voucher, or giftcard cannot be made payable to any third party. No other form of payment than that indicated in the interaction information will be provided to the winner.

3.6. The Promoter, prize provider, the issuer of the vouchers or giftcards and their agents reserve the right to refuse to accept vouchers and/or giftcards which are deemed to have been tampered with, defaced, duplicated, damaged or which otherwise are suspected to be affected by fraud or which have been lost or stolen following delivery.

3.7. The winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and requirements as may be specified by GlitterBeam or any authorised third party to receive and/or take up the prize, including but not limited to providing responses within specified time frames, adhering to the itinerary, completing any required forms and delivering any required documentation. The Promoter will not be liable to the winner or any other persons where they fail to comply with such instructions and such failure may result in forfeiture of the prize.

3.8. The winner (and where applicable, their companion(s)) may be required to provide their signature as proof of their agreement to relevant waivers, releases and/or consents when taking up the prize. Failure to sign any relevant documentation may result in forfeiture of the prize.

3.9. The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the interaction information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). The Promoter will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. The Promoter will accept no responsibility where the winner is unable to pay in full any such charges and/or expenses.

3.10. For delivery of the prize, you may be required to be available at a specified time and place.

3.11. No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable and non-exchangeable. If the winner decides to take up and then sell on the prize (where such onward sale is permitted) GlitterBeam will not be required to provide any guidance on such sale, and the winner acknowledges that the onward sale price may be lower than the retail or advertised price. However, the Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in its sole discretion including without limitation due to circumstances beyond its control or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Promoter will be able to retain or dispose of the prize (or part of the prize) at its own discretion.

3.12. The Promoter may refuse to provide a prize, or seek its recovery, in the event of non-entitlement under the interaction terms and conditions or an entrant’s breach of the interaction terms and conditions, fraud or dishonesty, including but not limited to the use of technology which enables an entrant to evade applicable charges when entering the promotion.

3.13. Unless the prize is time critical (as set out in section 5.2), the Promoter or prize provider(s) endeavour to deliver the prize to the winner within ninety (90) days from the date of winner confirmation unless stated otherwise in the interaction information. If the prize is time critical the Promoter or the prize provider(s) endeavour to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize.

3.14. The Promoter, prize provider and their agents will not be liable where a prize has been lost, damaged or stolen following delivery and such prize will not be replaced.

  • Winner Selection

4.1. Where the winner is randomly selected, the draw for the winner will take place within one week of the closing date and time for all entries unless otherwise specified in the interaction information. Unless stated otherwise in the interaction information, the winner will be the first entry drawn at random from all valid entries, subject to eligibility and winner confirmation (and, for competitions where entrants are required to answer one or more questions, answering such question(s) correctly). Where the winner is not randomly selected, the interaction information will detail the judging criteria on which the winning entry will be selected.

  • Winner Contact

5.1. General contact: The winner will be contacted as soon as practicable on or after the draw date or judging date (as appropriate) as indicated in the interaction information. Reasonable efforts will be made to contact a winner on the phone number provided when entering the promotion or such other method of contact deemed appropriate by the Promoter in its sole discretion in the circumstances. Unless the prize is time critical or time sensitive, the Promoter will try to contact the winner over a 1 week period.

5.2. Time critical: Where the prize must be taken up within 1 month of the close date of the competition, the competition will be considered time critical. As a winner needs to be found before the time to take up the prize passes, the interaction information will indicate the date(s) when entrants must be contactable and the Promoter will try to contact the winner on the phone number (or other method of contact (if appropriate)) provided, calling three times in a three-hour daytime period or as indicated in the interaction information.

5.3. Time sensitive: Where the prize must be taken up by a date which is more than 1 month but less than 6 months after the close date of the competition, unless otherwise stated in the interaction information the Promoter will try to contact the winner on the phone number, e-mail address (or other method of contact (if appropriate)) they provided over a two week period or as indicated in the interaction information.

5.4. If the winner cannot be contacted or successful contact is not made within the time periods set out in clauses 5.1 to 5.3 above or as otherwise set out in the interaction information (as applicable) or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the interaction terms and conditions, this may result in forfeiture of the prize and the Promoter reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.

5.5. Any entrant and/or winner must comply with any directions given to him or her by the Promoter, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, compliance with the Ofcom Broadcasting Code. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.

B. Vote and Poll Terms and Conditions

The following general terms and conditions apply to all votes and interactive polls promoted by the Promoter together with any specific terms as set out in the interaction information:

6.1 Open/close times: The opening and closing time for voting or participating in the interactive poll is as specified in the interaction information. Poll or votes made or received outside of these specified times will not be counted but may still be charged where applicable.

6.2 The Promoter may suspend, withdraw or re-set any voting or poll and/or may change times for voting and participating in the poll or the rules for participating in the poll or vote in their sole discretion at any time.

6.3 Anyone having difficulties getting through to the voting lines or interactive poll service should wait and then try again within times when the vote or poll is open.

6.4 Method: In order to vote or take part in the interactive poll or vote, you must follow the instructions as set out in the interaction information. Voting or participating in the interactive poll must be by the method(s) as specified in the interaction information. Your vote will not be counted or interaction will not be taken into account if you attempt to vote or take part in the poll using a method that is not specified in the interaction information.

6.5 Cost: The cost for voting or taking part in the poll via the applicable method is as indicated in the interaction information. Where there is a charge for voting or participating in a poll, permission of the bill payer must be obtained before voting or taking part in the poll or vote. There will be no refund for the cost of any misdialled calls or otherwise.

6.6 Restrictions:

6.6.1 Any restrictions on voting or participating in a vote or poll include without limit the number of times you may vote or participate in the poll or other restrictions is as specified in the interaction information.

6.6.2 Voting and participating in the interactive poll is intended for individuals as consumers and the Promoter and the programme producers reserve the right to discount votes or polls if they reasonably consider them to have been made other than by individuals as consumers.

6.6.3 The Promoter is unable to confirm the integrity of and is not responsible for any vote or poll services promoted outside the UK, Channel Islands and Isle of Man or for any unofficial voting methods as these are not within their control.

6.6.4 Votes must not be sent in through agents or on behalf of another person, and viewers cannot submit votes as an agent of any other person.

6.7 Right to discount votes/polls: The Promoter and the programme producers reserve the right to discount votes or polls if they have reasonable grounds to suspect they have been made from unofficial third party voting services or otherwise in breach of the interaction terms and conditions.

6.8 In the event of any fault, mistake, misunderstanding or dispute concerning the outcome of a vote or poll, or the operation of any part of the interactive service, network or system, the decision of the Promoter shall be final.

6.9 Result: The result of the vote or poll will be established from all eligible votes or poll entries submitted between the opening date/time and the closing date/time of that vote or poll and received by the Promoter and/or the producer of the programme. The outcome of the vote or poll will be revealed and/or published by the Promoter and/or producers of the programme after the lines have closed.

6.10 Contingencies: In the event of a tie or if the outcome of a vote or poll cannot be reasonably determined because of a technical failure or other circumstance beyond the reasonable control of the Promoter, the producer of the programme, their agents or sub-contractors, the Promoter and/or producers of the programme will (where possible) calculate the outcome of the vote or poll taking into account the circumstances and information available to them at the time and/or will apply contingency plans, which may be indicated in the interaction information, to determine the outcome of any vote or interactive poll.

6.11 If you are voting on whether a person continues to participate on a programme, and that contestant is unable to perform or is prevented from performing fully in the programme for any reason including without limitation medical reasons, then the producers of the programme will decide whether that person will continue to participate in the programme, having regard to all circumstances and information available to them at the relevant time. The producers of the programme will in their sole discretion determine if another contestant may be allowed to participate in the programme.

C. Manipulation of services

7.1 The Promoter is committed to operating viewer interactive services, including without limitation competitions, prize draws, voting and interactive polls, fairly and to preventing abuse of its systems, as well as those of its agents and sub-contractors.

7.2 For this reason, the Promoter and the producers of the programme reserve the right to disqualify and/or discount entries, votes or polls if they have reasonable grounds to suspect, at their sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:

7.2.1 activity has occurred that is designed to excessively manipulate the outcome of the interactive service; or

7.2.2 votes, polls or entries have been made in breach of the interaction terms and conditions; or

7.2.3 there has been any activity which the Promoter and the producers of the programme consider is designed to unfairly influence the interactive service and/or provide an unfair advantage to the voter or entrant including without limitation use of automated or semi-automated calling technology (such as auto-diallers) or other automated technology; or the making or disguising of multiple entries or votes by an individual entrant using multiple different phone numbers (or other details on which limits on number of entries or votes are based).

7.3 If we have reason to believe that an individual entrant to our competitions or prize draws has made 30 or more entries (or such other level as set out in the interaction information) using different phone numbers (or other details on which limits on number of entries are based) from any one entry platform then the Promoter will treat this as an attempt to unfairly influence the competition or prize draw and all entries submitted by that entrant will be discounted.

7.4 If we determine that an individual has attempted to unfairly influence or manipulate an interactive service then in addition to disqualification and/or discounting entries, votes or polls for that interactive service we may (in our sole discretion) ban that individual from future interactive services and disqualify and/or discount any future entries, votes or polls made in respect of our interactive services.

D. Liability

8 In relation to all competitions, prize draws, votes and polls promoted by the Promoter:

8.1 Nothing in the interaction terms and conditions restricts your statutory rights as a consumer. For more details on these statutory rights you should contact your local Trading Standards Office or Citizens Advice Bureau.

8.2 Nothing in the interaction terms and conditions shall exclude or limit the Promoters, the programme producers or GlitterBeam groups liability for death or personal injury caused by their staff or suppliers negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.

8.3 None of GlitterBeam, the programme producers or the Promoter can promise that the services relating to a competition, prize draw, vote or poll will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond the control of GlitterBeam, the programme producers and/or the Promoter. Subject to 8.1 and 8.2, GlitterBeam, the programme producers and/or the Promoter do not accept responsibility where all or any part of the service relating to a competition, prize draw, vote or poll is discontinued, modified or changed in any way.

8.4 Subject to 8.1 and 8.2, the Promoter, and/or the programme producers do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a competition, prize draw, vote or poll or from accepting any prize whether due to any error, omission by the Promoter, GlitterBeam, the programme producers or its or their employees, agents or others or by any other cause.

8.5 Subject to 8.1 and 8.2, none of GlitterBeam, the programme producers and/or the Promoter are responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to GlitterBeam, the programme producers and/or the Promoter when you enter a competition, prize draw or participate in a vote or a poll or (ii) is reasonably foreseeable to you and to GlitterBeam, the programme producers and/or the Promoter on entry but is only indirectly related to you entering or participating in a competition, prize draw, vote or poll.

8.6 Subject to 8.1 and 8.2, GlitterBeam, the programme producers and/or the Promoter will not be liable to reimburse the cost or expenses incurred in making a competition or prize draw entry or participating in a vote or poll where applicable.

8.7 Subject to 8.1 and 8.2, GlitterBeam, the programme producers and/or the Promoter do not accept responsibility in the event that any entry, vote and/or poll is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered competition or prize draw entries, votes or polls or for any disruption, delay or misdirection of such entries, votes or polls.

8.8 Subject to 8.1 and 8.2, GlitterBeam, the programme producers and/or the Promoter reserve the right to amend any element of a competition, prize draw, vote or poll for reasons beyond their reasonable control, including but not limited to the unavailability of the vote, poll, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. GlitterBeam, the programme producers and/or the Promoter are not responsible for any loss or damage caused to you as a result of any of these occurrences.

8.9 You agree to reimburse GlitterBeam, the programme producers and/or the Promoter in respect of any damages suffered by GlitterBeam, the programme producers and/or the Promoter or any losses by GlitterBeam, the programme producers and/or the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the competition, prize draw, vote or poll in breach of the interaction terms and conditions or from your violation of any applicable law or regulation.

8.10 It is your responsibility to ensure that you control access to any phone number that you use to enter. Subject to 8.1 and 8.2, GlitterBEam, the programme producers and/or the Promoter shall not be responsible for any loss you suffer as a result of GlitterBeam dealing in good faith with anyone other than you who has access to any such number (or any device using any such number).

E. Privacy

9.1 Information and data (“personal data”) which is provided by you when you enter a competition or prize draw, or participate in a vote or poll, will be held by the Promoter and GlitterBeam and may be used by the Promoter, GlitterBeam, the producer of the programme (if applicable) and their service providers, network operators, suppliers and contractors for the purposes of administering the vote or poll, or administering and fulfilling the competition or prize draw. You agree that this includes without limitation that we may contact you if there is an issue with the interactive service. Further details of how any personal data will be used are set out below and in GlitterBeam privacy policy and you agree to this use of your personal data when you participate in our interactive services.

9.2 We don’t send marketing messages

9.3 The Promoter and/or the prize provider may send personal data of participants to an interactive service (and where applicable, companion(s) of a winner) to third parties outside the European Economic Area, for the purposes of administering the interactive service and by entering you agree to such transfer for these purposes.

9.4 By taking part in the competition, prize draw, vote or poll (as applicable) you agree to participate in publicity at the Promoters request if you are the winner of a competition or prize draw. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner’s (and if applicable their companion’s) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

9.5 If you are the winner of a competition or prize draw you agree that the Promoter may list your name and location on the winners’ page of the GlitterBeam website(s) and GlitterBeam may publish or announce your name and location elsewhere (including without limitation in the programme) as GlitterBeam determines in its sole discretion.

9.6 Please note that calls may be recorded to ensure that entries, votes and polls are captured, for staff training and/or quality control purposes.

F. General

10.1 Please note that by making an entry, vote or poll you are consenting to us starting the interactive service immediately and any rights you may have to withdraw from or cancel your purchase (including but not limited to under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.

10.2 You agree that you do not have any commercial relationship with GlitterBeam, the programme producers and/or the Promoter, and that you are not an agent of GlitterBeam, the programme producers and/or the Promoter.

10.3 The interaction terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of England unless the entrant to a competition or prize draw, or the participant in a vote or poll is a Scottish or Northern Irish resident in which case he/she may choose the law of their residence and they irrevocably submit to the exclusive jurisdiction of the courts of England and Wales again unless the entrant to a competition or prize draw, or the participant in a vote or poll is a Scottish or Northern Irish resident in which case they may choose the courts of their residence in Scotland or Northern Ireland.

10.4 These terms and conditions were last updated on 10/11/2020.

G. Contact Details and Further Information

11.1 If you have a comment, query or complaint about any interactivity provided by GlitterBeam you may register it with GlitterBeam Customer Support which can be contacted by email at hello@glitterbeam.co.uk. You will need to provide some or all of the following information:

(a) Your name(b) Your email address(c) The IP address of your computer(d) If possible, your internet service provider(e) The date(s) and time(s) when you experienced problems(f) The nature of the problem you experienced(g) A contact telephone number you can be reached on, if necessary

Queries will be addressed as soon as possible.

11.2 If you require any information to be provided in an alternative format for accessibility reasons, we will be happy to discuss your requirements and endeavour to provide a suitable alternative.

11.3 For a hard copy of these terms and conditions please contact GlitterBeam Customer Support as set out above or send a stamped addressed envelope to the Promoter’s address below. If you would like interaction information relating to a specific interactive event, then include the name of the specific interactivity in your application.

11.4 The Promoter is:

For all interactivity, the Promoter is GlitterBeam LTD – 17 Arthur Street Gravesend – DA11 0PP, a company registered in England and Wales. Company Registration Number 12380734 and these terms and conditions apply as between you and GlitterBeam LTD (unless specified otherwise in the interaction information).

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