Penistone FM Community Radio Online and Social Competition Terms & Conditions
1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules (“Rules”) and apply to competitions taking place across Penistone FM’s Digital Products and Services (which includes Pen FM, Pen FM Media and other websites and webpages operated by us) (each a “Competition”), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by the Rules. In addition, all entrants are required to comply with Penistone FM’s Terms of Use
2. The promoter of Competitions is Penistone FM, Penistone 1, Regent Court, St Mary’s Street, Suite 7, Penistone, South Yorkshire, S36 6DT (“Penistone FM”).
3. Rules specific to each Competition are displayed in a notice on the page for such Competition (“Competition Notice”) and are incorporated into the Rules. In the event of differences between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
4. Penistone FM reserves the right to cancel or amend Competitions or the Rules (including the eligibility requirements) at its sole discretion with or without prior notice (i) in the event of any occurrence outside Penistone FM’s reasonable control (ii) to ensure the competitions are run fairly and honourably manner, and (iii) to ensure compliance with applicable laws, regulations and guidance. Any cancellation or changes will be then be notified on the relevant Competition Notice.
5. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Penistone FM shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
6. Employees and volunteers (or members of the families or households of employees and volunteers) of Penistone FM, any supplier that Penistone FM deems to be too closely connected to Penistone FM or any company involved in a Competition including, if relevant, the production company which has made the programme to which a Competition relates, or any advertising agency or website development company connected with the Competition or any subsidiary or associated companies of the same, are not eligible to enter the Competition. Penistone FM reserves the right not to award a prize (and to select an alternative winner) if Penistone FM is aware or has reasonable grounds to suspect that a winner is not eligible for these reasons.
7. Additional eligibility requirements may apply to a specific Competition. These will be set out in the Competition Notice.
8. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete. Penistone FM reserves the right to verify the eligibility of all entrants and disqualify an entrant for submitting false information.
9. The address you provide with your Competition entry will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not eligible if you are resident outside of the United Kingdom. Where a Competition is open to entrants from outside the United Kingdom, you will still not be eligible if you are resident in a country or jurisdiction where the Competition may breach any local law or regulation.
10. Where a Competition is open to all age groups, you must still obtain appropriate parental/guardian permission if you are under 18. Where a Competition is only open to a certain age group (e.g. 18 and over), this will be made clear in the Competition Notice. If no age limit is specified, the Competition is open to over 18s only.
11. Penistone FM reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant is not eligible or has otherwise breached any of the Rules.
12. In the event that any Competition winner is subsequently disqualified from a Competition for any reason, Penistone FM, in its sole discretion, may decide whether a replacement winner should be selected in accordance with the Competition criteria.
Competition Entries
13. Unless stated otherwise in the Competition Notice, and subject to the remainder of this clause, you may only enter a Competition once and multiple entries from the same email address will be counted as one entry with the first entry being submitted being the entry counted. Where Penistone FM discovers or has reasonable grounds to suspect that any entrant has used any software or automated process either to answer questions, enter the Competition or to make bulk entries, Penistone FM may exclude such entries and disqualify the entrant from the Competition.
14. Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry.
15. There is no charge to enter a Competition. However, standard mobile data and internet connection charges may apply.
16. Proof of posting or emailing cannot be accepted as proof of delivery. Penistone FM cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to entries, or entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Penistone FM’s control.
17. Entrants should note that unless stated otherwise, Penistone FM does not accept responsibility for the safekeeping or return of any entries, including those consisting of artistic or other material. You should, therefore, ensure you retain a copy of your entry for your own records.
Prizes
18. Where the winner is to be selected at random, he or she will be selected either by a computer process that produces verifiably random results or by an independent person, or under the supervision of an independent person. If the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member will be appointed. In either case, the judge or panel member will be demonstrably independent from Penistone FM, any competition intermediaries or from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges or panel members will be competent to judge the competition and their full names will be made available on request. In all matters, the decision of the judge(s) or panel shall be final and no correspondence or discussion shall be entered into.
19. Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by Penistone FM or Penistone FM’s nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Major prize winners’ names may be published on our Digital Products and Services or you can write to Competition Prize Winners, Penistone FM, Penistone 1, Regent Court, St Mary’s Street, Suite 7, Penistone, South Yorkshire, S36 6DT naming the specific major prizewinning competition including a self-addressed stamped envelope for a list of winners after the Closing Date indicated on the Competition Notice.
20. Unless stated as otherwise in the Competition Notice, claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
21. Prizes are non-transferable and there is no cash alternative. Penistone FM reserves the right to substitute prizes of equal or greater value at any time in its sole discretion.
22. Prizes are awarded at Penistone FM’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where entries are being judged on creative or artistic merit or other subjective criteria, Penistone FM and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if entries are not of the requisite standard.
23. Where there is a minimum age requirement for entry, this will be stated in the Competition Notice and must be observed. Penistone FM reserves the right to request written proof of age and/or identity of any entrant including the winner. Where no such written proof is supplied, or the entrant is not the requisite age, Penistone FM may disqualify the entrant.
24. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, unless specifically stated in the Competition Notice, are the sole responsibility of the prize winner.
Intellectual Property Rights & Use of Entries
25. Penistone FM does not, unless we agree this with you, claim any rights of ownership in your entry (although Penistone FM will be able to use the entry as a licensee). As such, you retain ownership of your entry and, although Penistone FM will be able to use entries as set out in the Rules, you will also have the right to use your entry in any way you choose. Where any entry is to be used in a different way (e.g. we are asking to own this) this will be made clear in the Competition Notice and you will then be able to choose whether to enter the Competition. If you win a prize, as a condition to receipt of that prize, you may be required to sign a document (in Penistone FM’s standard form) confirming that Penistone FM owns the copyright in the entry.
26. In consideration of Penistone FM agreeing to consider your entry, each entrant agrees that Penistone FM (and third parties authorised by Penistone FM) may use the entry across its Digital Products and Services and on any other media (including but not limited to third party websites, mobile, and/or radio). For this purpose, you hereby grant Penistone FM (and third parties authorised by Penistone FM) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, use as part of any advertising or sponsorship campaign, sell and sub-licence the entry.
27. Penistone FM does not guarantee to use any entry. Penistone FM may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to entries that it considers may be legally or otherwise problematic.
28. Your entry and any information submitted by you must be personal to and relate specifically to you. You warrant that your entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. In addition, you warrant that you have permission to use or feature any people, content or other material contained within your entry. Penistone FM reserves the right to screen, filter and/or monitor entries for this purpose.
Liability
29. Penistone FM cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering a Competition or as a result of accepting any prize. Penistone FM is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant’s or any other person’s device related to or resulting from participation or downloading any materials in a Competition. Nothing shall exclude Penistone FM’s liability for death or personal injury as a result of its negligence. Access to Penistone FM’s Digital Products and Services is subject to Penistone FM’s Terms of Use.
Data Protection and Publicity
30. Winners may be requested to take part in post event promotional activity and Penistone FM reserves the right to use the names and contact details of winners, their photographs and audio and/or visual recordings of them in any publicity.
31. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and best practice. Please see Penistone FM’s Privacy Policy for further details. Data relating to entrants will be retained by Penistone FM for a reasonable period after the Competition closes to assist Penistone FM to operate competitions in a consistent manner and to deal with any queries.
Jurisdiction
32. All Competitions and the Rules are and will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Digital Products and Services are only intended to be accessed by residents in the United Kingdom. Penistone FM makes no representation that materials available across our Digital Products and Services comply with local laws in other jurisdictions.
How to contact us
33. You can contact us in relation to any Competition by writing to [Name of Competition], Penistone FM, Penistone 1, Regent Court, St Mary’s Street, Suite 7, Penistone, South Yorkshire, S36 6DT or by filling in our online help form.
Last updated: January 2023