100~102fm Century Radio (Northeast)

1. Introduction

1.1 These Terms and Conditions (“Terms”) shall be binding on you when entering the competition entitled “Ten Grand Fan” (“the Competition”) operated by 100-102 Century Radio (“Century”), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Century from time to time.

1.2 Entry and participation in the Competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the Prizes form part of these Terms.

1.3 If you have made certain representations and warranties to Century (both in these Terms and otherwise) in respect of your eligibility to enter the Competition, you acknowledge that Century has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Century or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Century’s opinion, which shall be final) an adverse effect on the Competition, Century (or any of its radio stations), reserves the right to forfeit your place on the Competition and/or any Prize (without giving any reason and without notice).

1.4 You agree to co-operate with and comply with all reasonable requests of Century, agents and employees in connection with the Competition and its broadcast.

2. Eligibility to enter competitions

2.1 You must be a resident of Great Britain. Employees of Century, their families, competition sponsors, press, agencies or any persons connected with the competition are not eligible to enter any competitions.

2.2 You may register as a contestant for the Competition as many times as you choose, but in the event that you are chosen at random to participate in the on-air rounds of the Competition, you may not participate in the Competition thereafter.

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

3. Procedures of Entry

3.1 To register as a contestant for the Competition you must telephone to telephone number line 0191 477 2000 with the answer to the football related question given out during the previous show. This will be open for 1 hour after the Legends show from 8pm to 9pm Monday to Friday (standard rate).

3.2 Entry can be gained post 9pm by text. Text keyword FAN, (your answer to the question) name and age to 85102. (texts cost 25p plus your standard network charge) Entry can also be gained via the website. www100centuryfm.com

3.3 Century accepts no responsibility for the failure of registration caused by the incompatibility of any telephone system with the telephone system in operation for the Competition.

3.4 The deadline for registration as a contestant in the Competition shall be 5pm the following weeknight (one hour before the show). Contestants need to re-enter if they are unsuccessful.

3.5 From those prospective contestants registered for inclusion within the on-air Competition on any day a number of individuals will be selected by Century at random from those who have correctly answered the Qualifying Question to participate by telephone (at the cost of Century) in an on-air elimination round from which a contestant for the second round of the Competition shall be selected.

3.6 Those contestants selected via the first elimination round detailed in Clause 3.5 shall participate by telephone (at the cost of Century) in the second (final) on-air elimination round from which a winning contestant of the Competition shall be selected.

4. The Competition

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

4.2 You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could affect the reputation of the Competition or Century. You also warrant that you do not currently work for any other radio station or media organisation connected to a radio station in the United Kingdom.

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

4.4 Incomplete, inaudible or indecipherable entries will be void (in Century’s absolute discretion).

4.5 Source material utilised by Century’s question compilers shall be taken as correct.

4.6 Late entries will not be accepted (in Century’s discretion).

4.7 The decision of Century is final and conclusive in all circumstances and no correspondence will be entered into.

4.8 Century shall be entitled, in its absolute 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.

4.9 In this event you shall have no claim against Century in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.

5. Claims to Prizes

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

5.2 If Century becomes aware of any fraud, deceit or similar action during or in relation to the Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Century, 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 Century reserves the absolute right to treat your entry as forfeited (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to Century forthwith upon discovery by Century.

6. Prizes

6.1 The winning contestant as judged by Century only shall be eligible to collect the Competition prize of £10,000 (ten thousand pounds) (“the Prize”).

6.2 The Prize is non-transferable and may not be given or assigned to another person. The Prize cannot be exchanged for other alternatives by the winning contestant. Century may, in its absolute discretion, substitute a reasonable alternative for the Prize at any time.

6.3 Century does not accept any liability for claims or any Prize lost, delayed or damaged in the post or otherwise not validly received by you.

6.4 Century does not accept any liability for any “deals” or “pacts” made between contestants in the final in order to improve the chances of winning the prize money.

7. Confidentiality

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

8. Publicity

8.1 Winners must as a condition of the Competition participate in all required publicity.

8.2 You shall not without the specific prior written consent of Century 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 Century.

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

8.4 You hereby grant and assign to Century (to the extent that you have the right to grant the same) the entire copyright and other intellectual property rights in the Competition and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future rights. This assignment shall include the right for Century to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as Century may in its absolute discretion determine.

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

8.6 You agree to participate in a live grand final in a location of Century Radio’s choosing and upon this circumstance agree to remain anonymous to all other contestants in the final prior to the grand final. Failure to do so will result in elimination from the 10 grand Fan Final.

9. Intellectual Property

9.1 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 Century for its own use (in its absolute discretion).

10. Century – exclusion of liability

10.1 Century is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition or Prizes other than those costs and expenses specifically provided for in the Prize (if any). This exclusion does not include any liability for negligence by Century for death or personal injury arising out of such negligence.

10.2 Century 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.

10.3 Century shall not be liable to perform any of its obligations under the Competition or in respect of the Prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.

11. General

11.1 You undertake the Competition at your own risk and agree to indemnify Century 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) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.

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

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

11.4 Century reserves the right without notice to alter, amend or change these Terms and Conditions from time to time.

11.5 Century 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.

11.6 Century reserves the right not to broadcast the Competition or to cease broadcast of the Competition at its discretion.

11.7 In the case of the Competition being made available on-line you acknowledge that the internet is not a secure medium and information submitted to the Competition hosted on websites owned or controlled by Century may be accessed by third parties. Century accepts no liability in such cases.

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

11.9 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Century) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Century. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.

11.10 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

11.11 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.