terms and conditions...

Competition Terms & Conditions

Who Are We?

This Competition is offered to you by Bauer Radio Limited. Our registered office is at 21 Holborn Viaduct, London EC1A 2DY and our company registration number is 01176085. "Bauer" is the company that in these terms and conditions is called "Bauer", "we" or "us".
For all queries or issues with this competition however, please contact:
Competition Queries, Louise Milbourne, 55 Degrees North, Pilgrim Street, Newcastle Upon Tyne NE1 6BF.
Alternatively email: louise.milbourne@metroradio.co.uk - we will endeavour to respond to email messages within 5 working days.
If you are not satisfied with the response from us, you can contact OFCOM on 0845 453 3000 or www.ofcom.org.uk

What terms, conditions and rules apply to the Competition?

These terms and conditions apply to the Competition. Any persons who breach them may
be excluded from access to the Competition.
However, there may be some additional specific terms and conditions, which also apply to your entry that you need to be aware of. If so, these specific terms and conditions will be set out in a competition notice on our website (the "Competition Notice") stated on air or otherwise made clear to you at the time you enter. In the event of conflict between these Competition terms and conditions and the Competition Notice, the Competition Notice shall prevail. The following general terms also apply:
You must be a UK resident to enter the Competition.
In order to qualify for the Competition you must be aged 21 years or over as at 29th June 2009 and will be required to provide identification via production of a full valid UK driving licence or passport prior to your participation in the Competition together with verbal confirmation that you neither have nor in the past have had a criminal record or criminal convictions, in each case to our satisfaction.
Only one entry is permitted per person. Incomplete or indecipherable entries will be void (in our absolute discretion).
Additional eligibility requirements apply to the prize in this Competition. Please see Section 6 for further details.
By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
We reserve the right to disqualify you if we have reasonable grounds to believe you have breached any of these Competition terms.
In the event that any entrant is disqualified from the Competition, we may in our sole discretion decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Competition terms.
You confirm and warrant that, to the best of your knowledge, you have no medical condition that could be adversely affected by your involvement in any of the events or activities planned or reasonably expected to form part of the Competition. You must notify Bauer of any medical or other condition which may mean that you are unfit for travel or to participate in the Competition as soon as you become aware of such a condition. Entrants whose medical condition gives us cause for concern before or during the Competition may either be prevented by us in our sole discretion from participating in the Competition (in the event that it is before the Competition) in which case we may select a replacement entrant to participate in the Competition or (in the event that it is during the Competition) disqualified from the Competition by us in our sole discretion.
Each entrant will be required to provide upon request by us full and accurate details of his/her medical condition and health including details of all drugs and medications that he/she is required to take. Details are to be provided to us prior to his/her participation in the Competition.
You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you (including without limitation any abusive behaviour, physical or psychological) which we consider to pose any medical, security or safety risk or to cause reputation damage may lead to your immediate disqualification.
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. We reserve the right to forfeit your place on the Competition or the prize (without liability or compensation) if, in our reasonable opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
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 Bauer and any health and safety team, who will have full authority to restrict your levels of consumption.
Entries must be received within the competition period indicated in the Competition Notice. Any entries received before or after this period will not be entered.
Employees (including family members) of Bauer Publishing group, Metrocentre, Air Mauritius, Heritage Awali Golf and Spa Resort or Travel Council or any company involved in the Competition or if relevant, any advertising agency connected with us, or any such person's subsidiary or associated companies, agents or members of their families or households or any prize provider - We're afraid you are excluded from entering and your entry will not be considered.
In the event of any fault, misunderstanding, mistake or dispute concerning the operation of the Competition, including the correctness or acceptability of any answers given by winners, or the operation of any technical/communications system, our decision shall be final and no correspondence or discussion shall be entered into.
Rules which will apply to those entrants who reach the finals:
Further terms and conditions will apply to you if you reach the final stage of the Competition. In order to enter the final stage each successful entrant will be required to sign a further agreement with Bauer Consumer Media Limited governing the entrant's further participation in the Competition. This will cover the restrictions which will be imposed on entrants during their stay on the man made island. Remember the idea is that you will be shipwrecked – this means that the day to day comforts you may be used to will not be provided nor will they be allowed. The idea is that it will be a difficult environment and we will set challenges for you during your stay on the man made island. Do not enter this Competition if this will cause an issue for you. To give you an idea of what we mean, here are some of the restrictions which will apply to the 5 entrants who reach the finals (the remaining restrictions on finalists and restrictions on our liability to the finalists will be set out in the contract between the finalists and Bauer Consumer Media Limited which all finalists will be required to sign):
At no time during the Competition may any entrant do or make use of any of the following (except as allowed by us):

use a mobile phone or pager;
use a personal or portable radio, cassette or CD Player or any other musical system;
play a musical instrument of any kind;
play any computer game of any kind;
smoke (except during breaks as allowed by us and in accordance with Metrocentre smoking policy);
Eat anything including chewing gum and sweets (except during breaks as allowed by us;
Consume any alcoholic beverages (except any which may be allowed by us);
Make any use of any personal comfort items comprising the following: pillows, blankets, cushions, duvets or anything similar (except if it has been provided by or approved in advance by us).

Each entrant shall only wear clothing provided by us.
Any other toiletries or personal items will be allowed under our direction and will be contained in a single bag or suitcase which we shall keep throughout the Competition and make available to the entrant during break periods.
The entrants will be set and required to participate in such challenges and competitions as may be set for them at any time during the Competition.
The winner of each such challenge or competition will win a prize (if any) as selected by us for that challenge or competition.
The nature of each such challenge or competition, the prize and the conditions regarding use of that prize (including where, when and for how long during the Competition such prize may be used by the winner thereof) shall be decided by us at our discretion.
The loser of each such challenge or competition may face forfeits, subsequent challenges or moral dilemmas, decided by us.
How do I enter the Competition?
Details of how to enter the Competition are set out in the Competition Notice on our website located at www.metroradio.co.uk

How does the Competition work?

The Competition shall involve five entrants chosen in advance by us as finalists. For details of how to be in with a chance of being a finalist, please see section 5 below (Contestant Selection).
Each entrant will be required but not obliged to live on a man made tropical island (“the Island”) which is to be situated in Metrocentre Quebe, Metrocentre, Gateshead throughout the duration of the Competition.
The Competition shall commence at 07:00hrs on Monday 29th June 2009 and finish at 16:00hrs on Friday 24th July 2009. The winner of the Competition (“the Winner”) shall be chosen and announced between 18:00hrs and 19:00hrs on Friday 24th July 2009.
The Winner shall be chosen by a public vote which shall be conducted by such means and using such criteria as we shall determine at our discretion.

No entrant shall be under any obligation whatsoever to enter and remain on the Island and does so at his/her own free choice and risk. Similarly once having moved onto the Island each entrant is free to leave the Island at any time he/she chooses to do so and is under no obligation to remain on the Island whatsoever provided that an entrant who decides not to participate in the Competition by refusing to occupy the Island or who subsequently exits the Island during the Competition shall be deemed disqualified from the Competition.
Contestant Selection
Potential contestants will be able to enter the Competition by completing an entry card which will be available at Metrocentre Qube in the Yellow Mall between Monday 29th June & Wednesday 15th July 2009 (see Competition Notice for specific hours). All completed entry cards will be collated by 4.00pm Wednesday 15th July, 2009 and we will then randomly select 20 entrants from all entries from Monday 6th to Wednesday 15th July 2009. Those 20 entrants who have been selected will have reached the semi-final stage.

All semi-finalists will be required to attend a shortlisting panel held at Metro Radio on Thursday 16th July 2009 from 18:00hrs. You will be provided with a specific time to attend.
Each semi-finalist will be asked the same agreed questions. A panel of judges from Metro Radio and the Metrocentre will select 5 finalists together with 3 reserve finalists based on the answers provided. The judges will look for who, in their opinion (exercisable in their absolute discretion) demonstrated the most enthusiasm, originality and desire to be on the Island.
As stated above, prior to moving on to the island finalists will be required to sign a separate written agreement specific to living on the Island. If a finalist does not sign the written agreement with Bauer Consumer Media Limited, they will excluded from the Competition and a replacement finalist selected.
Finalists will then live on the Island for 5 days and 4 nights. During this time the public will vote for their favourite.
Voting will take place between 08:00hrs on Monday 20th July and 16:00hrs Friday 24th July. Voting will be done either by completing a voting card (these will be available at the Metro Centre between Monday 20th & Friday 24th July 2009 or by completing a voting form online at www.metroradio.co.uk
During their time on the Island finalists will be given tasks and activities in exchange for rewards and prizes.
At the end of the voting period the finalist with the most votes will win the holiday.
The Winner will be announced between 18:00hrs and 19:00hrs on Friday 24th July 2009.
There is no cash alternative or runners up prizes.
The decision of Metro Radio’s Managing Director is final.

Prize
The prize for the Winner is 7 days accommodation in a Deluxe Room on a half board basis at the luxury Heritage Awali Golf & Spa Resort, Mauritius for 2 adults, including transfers to and from the hotel. No cash or alternative is offered by us.
The prize is subject to availability and is valid between 8 September 2009-30June 2010, EXCLUDING school holidays.
Flight tickets are Economy Class and are valid travelling to and from Newcastle Airport (via Paris to Mauritius) between the dates stated above.
Flight tickets are valid for one year, subject to space availability and are non-re-routable, non-transferable, non-upgradeable, non-refundable and have no cash value.
Any loyalty points cannot be accrued when travelling on these tickets. Complimentary domestic add-ons and chauffeur services do not apply.
The prize must be taken by 30th June 2010.
The Winner must arrange his/her own travel insurance at his/her own cost.

Please allow 28 days for delivery of your prize from the date of your on air confirmation.
We won't be liable if any prize fails to reach you or you cannot take it for reasons beyond our control, or if any prize is damaged during delivery.
You will have a specified period to claim your prize. If you do not respond within the stated time period, you may forfeit your prize.
The prize is as specified on air or at the time of entry. No alternative prize will be given & the prize is non-transferable & non-exchangeable. However, we reserve the right to change the prize due to circumstances beyond our control or to offer an alternative of similar value.
It is your responsibility to pay any & all applicable taxes on prizes.
We reserve the right to verify your eligibility & to check your identity. If you have been asked for proof of your identity &/ or your eligibility, your failure to provide such proof within a reasonable time could result in your disqualification from the Competition or the withdrawal of any prize.
All personal details & information you supply must be truthful and accurate. We reserve the right to disqualify you from the Competition &/ or withdraw any prize should you at any stage supply any untruthful, inaccurate or misleading personal details & information.
A prize will not be awarded to you, if for any reason, to do so would be unlawful.

Disqualification of entrants

We reserve the right in our sole discretion to immediately disqualify an entrant at any stage of the Competition where we believe it is in the best interest of that entrant and/or the best interests of the other entrants and/or any other persons for that entrant to be disqualified from the Competition.
We shall be entitled to immediately disqualify any entrant who breaches any of the provisions of and restrictions and requirements set out in these terms and conditions.
We shall be entitled to immediately disqualify an entrant if he/she, at any time during the course of the Competition, engages in inappropriate behaviour such as, but not limited to, threatening, sexual, racial, anti-social, indecent or any other discriminatory behaviour or if he/she does or says anything which may prejudice or harm the goodwill and reputation of us, Metro FM, the Metrocentre, Air Mauritus, Heritage Awali Golf and Spa Resort, Travel Council or any Bauer group company. It shall be for us to deem what is and what is not inappropriate behaviour and what may cause prejudice or harm as aforesaid having regard to the situation involved.
If an entrant disconnects or interferes in any way with any audio, camera or recording equipment or any other similar equipment supplied by us or installed by us on the Island he/she shall be immediately disqualified.
If any entrant oversteps the perimeter of the Island, be this accidently or on purpose.
Any entrant that deliberately causes a fellow entrant to overstep the perimeter of the Island.
For the avoidance of doubt, any entrant who exits or remains outside the Island other than during a break period allowed by us.

What if my entry is lost or damaged?

If we do not receive an entry from you for the Competition then we cannot enter you, regardless of whether you sent the entry to us. Also, if we receive an entry from you that is illegible or incomplete or otherwise deficient we may not be able to enter you. We will not accept proof that an entry was sent as proof that we received it.

Publicity?

If you are the Winner you agree that you will allow us and our Competition partners to use your name and picture in marketing and publicity undertaken by us, which may be in more than one country and which may be in a number of media, for example, print, television, internet. We will pay your reasonable expenses if we need you to make yourself available to be used in marketing and publicity of this sort.

Filming and Recording

You agree that by registering for the Competition:-
you give your irrevocable consent to being filmed, photographed and/or recorded for the purposes of producing audio visual material for inclusion in and exploitation by us in connection with the Competition and vest all property right title and interest in respect of your contribution to the Competition to us without restriction.
you agree that you will remain eligible to be a contestant for the purposes of the Competition throughout the period of your involvement with it and will enter into such agreements as are necessary to give effect to your continued involvement in the Competition and not enter into any agreements or arrangements of any kind with any third party (other than Bauer Consumer Media Limited) in relation to your involvement with the Competition or ultimately being its winner including without limitation any contract or arrangement of any kind with any agent or other form of personal representative, or with any television producer, newspaper magazine or other publication, broadcaster or other media entity.
You irrevocably and unconditionally waive all rights granted to you pursuant to Sections 77-89 (inclusive) of the Copyright, Designs and Patents Act 1988 (as may be modified, superseded or re-enacted) ("the Act") and any similar so-called "moral rights" prevailing in any part of the World;
We reserves the right to photograph, film and/or record in any manner (including via webcam) the entrants by way of interview or any other means at any time during the course of the Competition and each entrant hereby agrees that we shall be free without further recourse to him/her to use any such photographs, films and/or recordings and the entrant’s name, character, likeness, photograph and voice in its sole discretion and without payment for the sake of promotional purposes in connection with the Competition or for our general broadcasting purposes.
Each entrant agrees that we may contact family, friends, employers, colleagues and acquaintances for the sake of promotional purposes in connection with the Competition or for general broadcasting purposes.
Each entrant shall not discuss the Competition at any time with any media company other than Bauer group companies (including, without limitation, radio and television stations, newspapers and magazines) nor exploit his/her participation in the Competition for financial or any other form of reward or payment unless express agreement has been obtained beforehand from Bauer.

How will we use your personal details?

We will use your personal details to operate the Competition that you are taking part in. Where we or other companies in our corporate group want to use your personal details for other purposes (such as marketing) we will offer you the opportunity to agree or to refuse this. If you tick the box to release your information to our Competition partners, we will forward on your information to them too.
Your personal details will be treated in accordance with our Privacy Policy from time to time and in accordance with the law as it relates to people’s personal details.
This link takes you to our Privacy Policy http://www.metroradio.co.uk/article.asp?id=249064.

How far are we liable or responsible to you?

Nothing in these terms and conditions removes or limits our liability for fraud, death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by the law. These terms and conditions also do not affect the rights that are granted to you as a consumer by the law. Otherwise, we will not be liable to you for any matter relating to the Competition.
We will also not be liable to you if you suffer financial loss or inconvenience because of the failures of persons or systems that we do not directly control – for example, mobile phone network operators, internet service providers, postal services, software providers and telephone traffic handlers.

Intellectual Property Rights

You hereby grant and assign to Bauer the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the "Products"), and where such Products are not in existence at the date of these terms and conditions, by way of present assignment of future assignment.
You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
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 Bauer for its own use (in its absolute discretion).
In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.

Confidentiality
You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Bauer, its business, personnel, servants, agents or officers or to anyone.
You hereby agree that you shall not divulge to any party, any trade secret, confidential information, or generally any information concerning the business or finance of Bauer, or any of their dealings, transactions or affairs of which you shall come to know unless required by law or unless such information is already in the public domain. In addition, you agree and acknowledge that you shall not (except as required by law or unless such information is already in the public domain) at any time hereafter, either personally, or by means of press or publicity or advertising agencies, divulge or disclose any information of any nature or kind relating to the development or production of the Competition including without limitation the results of any stage of the Competition (by means of example only, details relating to the selection or elimination of contestants in the Competition), or make any statement or announcement or disclosure, or supply any information or photographs, to any person or to the public, relating to any matter arising hereunder, coming within your knowledge by reason of your participation in the Competition. In addition, no recording or photography or similar activities are permitted during the Competition Bauer's prior permission.
The legal position of these terms and conditions

These terms and conditions form a legally binding agreement between you and us. We reserve the right to change them and update them from time to time but if we do so we will post the changes on this website. In the event that any provision of these terms is held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these terms and conditions which shall as far as possible continue in full force and effect.
These terms and conditions shall be governed by English law unless you live in Scotland in which case Scottish law shall govern, and are subject to the exclusive jurisdiction of the courts of England, Wales, Scotland and Northern Ireland.

General
These terms and conditions were last updated on 22 June 2009.

terms and conditions...

watch shipwrecked 08

partners