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BROTHER MAX - TERMS AND CONDITIONS - Competitions
TERMS AND CONDITIONS
These terms and conditions (which we will refer to as our "General Terms") are the overarching
general terms and conditions that apply to all the competitions controlled by Brother Max Trading
Limited. We refer to all these competitions as the "Competitions" in these General Terms.
Competitions may also have their own specific terms and conditions (such as the details of how to
enter, what the opening/closing dates are and what sort of prize you may win/ who can enter). Any
such Competition-specific terms and conditions will be made available by means of the relevant
media as part of the website or in-print promotion of the particular Competition. In these General
Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
You should therefore read these General Terms in combination with any applicable Specific Terms.
Where any such Specific Terms conflict with these General Terms, the Specific Terms will take
precedence.
We may change these General Terms at any time. You should check our website regularly for any
changes which will apply from the date that they are uploaded.
By entering any Competition you agree that you will be legally bound by these General Terms and
also any applicable Specific Terms.
IDENTITY OF THE PROMOTER OF THE COMPETITION
The "promoter" of a Competition is the person who is legally responsible for operating it. Unless any
Specific Terms tell you otherwise, the promoter of the Competitions will be Brother Max Trading
Limited ("the Promoter").
Brother Max Trading Limited is a company registered in England and Europe. You can write to us
using the following address if you have any concern in relation to any of our Competitions, setting
out clearly the name of the Competition and your issue:
Competitions Team
Brother Max
5 Apollo Court
Gawcott
Buckingham
MK18 4DF
ELIGIBILITY RULES FOR OUR COMPETITIONS
Unless we impose a particular age limit in relation to any of our Competitions, they are open to all
persons resident in the UK at the date of their entry. We reserve the right to require that the parent
or guardian of any person aged 18 or less confirms in writing that they agree to be bound by these
terms and conditions and will accept any prize on behalf of an under-18 prizewinner.
Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or
17), the age requirements will be publicised to entrants in the relevant Competition.
It will be our sole decision as to whether any eligibility requirement has or has not been met and we
may require evidence or confirmation from entrants before awarding prizes.
Employees of the Promoter and their immediate families may not enter any Competition: neither
may the employees of any third party sponsors, prize providers or their immediate families.
ENTRY AND ENTRY METHODS
Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible,
incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject
entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be
otherwise harmful to the goodwill and reputation of our station that is running the Competition in
question. We accept no responsibility for any late, lost or misdirected entries not received due to
technical disruptions, network congestion or any other reason. Proof of posting of any postal entry
will not be proof of our receipt of that entry.
Automated Entry: The use of any automated entry software or any other mechanical or electronic
means that permits any person to enter any Competition repeatedly is prohibited.
Names: Entrants must enter Competitions using their legal name once only. We reserve the right to
disqualify any entrant who uses multiple names and to require them to return any prize they may
have won.
Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter
any Competition more than once and persons may not enter or participate as part of a syndicate or
on behalf of any other person, syndicate, group, society or company.
Prize Limits. No person or persons at the same residential address may win more than one prize
valued at £100 or more via any of our Competitions in any six (6) month period.
Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the
terms and conditions of a Competition and in particular where a person is in breach of the entry
restrictions set out in rules 4.5 to 4.8 above, we may nevertheless still enforce our right to disqualify
that person and require the return or reimbursement to us of any prize even where a prize has been
awarded and/or actually provided to the entrant or prizewinner in question.
PRIZES
We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of
broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must
accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the
right to award the prize to the prizewinner's parent or guardian on behalf of the prizewinner.
All prize winners will be notified that they have won a prize within twenty eight (28) days of the
closing date of the Competition via:
- Facebook
Prizes will be despatched to the winners via the Prize Provider and via the UK mail service, unless
otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post
for reasons beyond our control.
Prizes will only be delivered to an address within the UK & Ireland. Should a prize winner's contact
details change, it is their responsibility to notify us or the contact persons for the relevant
Competition.
We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s
licence and proof of address in the form of a utility bill. In the event that a prize winner cannot
provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select
another prize winner.
All prizes are subject to availability, non transferable and non exchangeable.
We make no representation or warranty in relation to prizes provided and to the fullest extent
permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes,
merchantability or otherwise. We reserve the right to disqualify entrants from entering our
Competitions or prizewinners from receiving their prizes where any such person engages in unsafe,
illegal, unsociable or inappropriate behaviour.
Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions
and all prize winners agree to be bound by these. Subject to paragraph 19.2, Bauer shall have no
liability in relation to any prize provided by a third party provider.
UNCLAIMED PRIZES
All prizes must be claimed within twenty-one (21) days of our notification of winning unless
otherwise stated.
We reserve the right to award prizes unclaimed after this period to alternative prize winners or not
to award them at all.
PUBLICITY AND PERSONAL INFORMATION
The personal information supplied by entrants when entering our Competitions will be used by us in
accordance with the privacy policy applicable to our website and/or radio station in which the
Competition appears, as the case may be. You should always read the applicable privacy policy as
your entry in the relevant Competition is an agreement to be bound by the applicable privacy policy.
All entrants may have their details removed from our database by contacting us. If details are
removed prior to the conclusion of the Competition and/or award of prize(s), entrants will however
forfeit their right to claim any prizes.
Should an entrant be required to submit a third party’s personal information as a part of entry into
or participation in any Competition, each entrant must ensure that any other person whose details
have been provided by the entrant to us has given or will give their consent for their details to be
provided to us and to be contacted by us in relation to the relevant Competitions.
It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and
communicate to the public the names, home towns, characters, likeness and voices of entrants to
our Competitions for the running of the Competitions and matters incidental to the Competition.
Entrants also acknowledge that publicity materials featuring them may be provided to our third
party prize providers for the purposes of promoting their association with the Competition and
awarding the relevant prizes.
No fees shall be payable to any entrant in relation to their entry in any Competition.
DRAWS
Where any prize is awarded via a prize draw, prize winners will be chosen at random from all
qualifying entries within twenty eight (28) days of the Competition closing date.
If we become aware that the same person has been selected as a prize winner more than once, we
will draw another name.
RE-SALE
By agreeing to this, no winners are allowed to return or exchange or sell or come back to us about
any item won, whether it be faulty, not working how they thought or not what they wanted and
agreeable to any other term we find fit.
COPYRIGHT
By entering our Competitions all entrants:
- assign to us all rights (including present and future copyright) in their entry and their publicity
materials in all media (including, without limitation, the internet) and whether in existence now or
created in the future;
- agree not to assert any moral rights in respect of their entry and the publicity materials (wherever
and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors
in title;
- undertake to us that their entry is not in breach of any third party intellectual property rights and
will not contain anything, which is defamatory, indecent, harassing or threatening and that they will
indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant,
we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity
as set out above), to screen, filter and/or monitor information provided by the entrant and to edit,
refuse to distribute or remove the same;
Confirm that they have the right, power and authority to grant the rights set out above and that they
have obtained all consents and permissions necessary to grant us the same.
For the avoidance of doubt, all rights in the name and title of the Competition and the format rights
for the Competition are our sole property and we may exploit the same our absolute discretion.
MINORS
If any prize winner is a child or young person (i.e. under the age of 18) we may require that the
terms and conditions applicable to the Competition (including these General Terms) be signed by the
prize winner's parent or legal guardian before the prize is awarded. Any such prize may at our
discretion be awarded to the prize winner's parent or legal guardian.
Where entrants or prize winners are required by us to sign a release or other document before
participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is
under the age of 18 years, such document must be signed by that person’s parent or legal guardian
prior to their participation in the Competition and/or the prize being awarded.
TAMPERING AND OTHER MATTERS
If for any reason any Competition is not capable of running as planned as a result of any (including
but not limited to) technical failures, unauthorised intervention, computer virus, mobile network
failure, tampering, fraud or any other causes beyond our control which corrupt or affect the
administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right
to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the
Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has
caused) the problem.
TERMINATION OF COMPETITION
The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute
discretion without liability to any contestant or other person. The Promoter will not award the prize
if the Competition is terminated.
DECISIONS FINAL
All our decisions relating to the Competition and/or redemption of the prizes are final. No
discussions or correspondence with entrants or any other person will be entered into.
Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law,
by an independent adjudicator.
Where a Competition involves voting, the accuracy of the pooled results received and published by
us will be deemed to be final and binding and no correspondence will be entered into.
FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to
any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of
any of our rights in relation to the same.
EXCLUSION OF LIABILITY
Except as specifically set out herein and to the maximum extent permitted by law, all conditions,
warranties and representations expressed or implied by law are hereby excluded.
To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any
entrant or prizewinner in connection with or arising out of any Competition howsoever caused,
including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that
nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused
by our negligence. For the avoidance of doubt, this paragraph 19.2 shall also apply in respect of any
prize provided by a third party provider.
In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid,
void or otherwise unenforceable, it shall be severed from the remaining provisions which shall
continue in full force and effect.
LAWS
These General Terms (and any Specific Terms) shall be construed in accordance with and governed
by the laws of England and Wales.
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