98FM Competitions Terms And Conditions
Cash Machine Terms and Conditions
ITEM 1: COMPETITION NAME
Summer Cash Machine running from the Start Date to the End Date as set out below (the “Competition”).
ITEM 2: PROMOTER
Bauer Media Audio Ireland LP, registered office: Marconi House, Digges Lane, Dublin 2, D02 TD60, Ireland and registered under limited partnership number LP3374 (the “Promoter”)
This is a Go Loud Network Competition, running across the following radio stations:
Today FM, Newstalk, 98FM, SPIN 1038 and SPIN South West.
ITEM 3: WEBSITE
The websites shall be the following;
ITEM 4: COMPETITION START DATE, END DATE AND ENTRY PERIODS
Start Date: Monday June 13th 2022 at 7:00am
End Date: Friday June 17th 2022 at 3:00pm
The first Entry Period will open Monday June 13th 2022 at 7:00am and close open Monday June 13th 2022 at 3pm.
Following this first Entry Period, entries to the Competition will open and close as follows (individually an “Entry Period”, together the “Entry Periods”):
Monday: opens at 3:05pm on Friday , closes at 3:00pm on Monday
Tuesday: opens at 3:05pm on Monday, closes at 3:00pm on Tuesday
Wednesday: opens at 3:05pm on Tuesday, closes at 3:00pm on Wednesday
Thursday: opens at 3:05pm on Wednesday, closes at 3:00pm on Thursday
Friday: opens at 3:05pm on Thursday, closes at 3:00pm on Friday
Any entries received before the Start Date or after the End Date (as stated above) will be invalid but you may still be charged.
We reserve the right to broadcast the Competition at any time throughout each day during the broadcast schedule.
Please note that the Competition Entry Period as specified in these Competition terms and conditions are final and are not impacted by the time of broadcast of announcements advertising how to enter the Competition, which may in some circumstances be delayed.
ITEM 5: COMPETITION DETAILS
During the Entry Period, the prize amount (the “Prize”) will be announced on air. The Prize will be the winning answer and will also be the cash amount that entrants are trying to win.
We reserve the right to announce the Prize at any time during the Entry Period. We may also advertise the Prize on the respective Station’s Website, social media or via an SMS marketing message or via any other medium at our absolute discretion.
After the Entry Period has closed, one entrant from all of the valid entries will be selected by automated random draw (the “Draw”).
In order to play the Competition, the entrant must answer their phone within 5 rings. The 5 rings will be judged according to the Station audio recording (for the avoidance of doubt the sound of a “ring ring” shall count as one ring, not two). If they are not in a position to play for any reason then they will be unable to play the Competition, and no other entrant will be called.
The entrant selected may be required to talk to the presenter / programming team, and the call may be recorded and played on-air (assuming there is no breach of these terms and conditions).
The entrant who is randomly selected to play will be asked to name the Prize relevant to that Entry Period of the Competition.
If they give the correct Prize they will win. We may ask an entrant to repeat or confirm their answer.
The entrant will not win the Prize should they:
fail to answer the phone at all; or
fail to answer the phone within five rings (according to the station’s audio); or
give the incorrect Prize; or
fail to say anything at all; or
be disconnected for any reason beyond our control
Where there is any doubt in relation to whether or not an entrant has given the correct Prize or the Prize should be awarded, we reserve the right to defer decision making to an off-air adjudicator to check the audio recording with reference to these terms and conditions.
Where there has been a winner, a new Prize will be announced on-air and the pool of entries will be reset for the next Entry Period. Entrants will need to enter again to be eligible to win. All previous entries will not be valid for future Draws.
Where there has not been a winner, there will be a rollover and we reserve the right to announce a new Prize for the next Draw. The Prize will not be lower than the Prize for the previous Draw. All entries from the completed Draw, and any previous Draws, where no winner was declared, will automatically be eligible for the next Draw. Entrants do not need to enter again in order to be eligible but are able to do so if they would like to increase their chances.
We reserve the right to guarantee a winner for a Draw. This will be clearly communicated on-air throughout the Entry Period of that Draw. Where a winner is guaranteed, if the first entrant chosen to play is not declared the winner, another entrant will be drawn at random and asked to play. This process will continue until a winner is declared.
ITEM 6: ROUTES OF ENTRY AND COSTS
Entrants can enter the Competition by sending an SMS message starting with the keyword CASH to 57557. If the message does not start with the valid Keyword(s), or is not sent to the valid number, it will not be entered. Entrants will receive an automated SMS response to their SMS message confirming their entry.
Entrants are responsible for all costs associated with entering this Competition. Texts cost €2.50 (from Ireland) + standard network rate. Entrants must have permission from the bill payer before entering the Competition.
Bauer Media Audio Ireland is not responsible for any network or technical issues an entrant may experience, such as latency of the mobile phone network, which may delay or prevent their participation or cause them to lose the Competition if on-air.
ITEM 7: ENTRANT RESTRICTIONS
The Competition is only open to people aged 18 and over who: (i) live in the Republic of Ireland, (ii) are not a Bauer employee or their immediate family (including live-in partner) and (iii) are not an employee of any third-party sponsors or prize providers, or their immediate family (including live-in partner).
You can enter each Draw a maximum of 12 times via SMS in each Friday to Friday period. Entrants must obtain permission from the bill payer before texting to enter the Competition.
We reserve the right to run bonus SMS entry incentives throughout the duration of the Competition. These incentives will be communicated via the automated SMS response received to confirm the entry.
Where we operate an incentive, the entry limit may change.
It is possible to be selected more than once to play the Competition between the Start Date and End Date, and if the entrant selected has not previously won the Prize, they are eligible to play again.
ITEM 8: WINNER ANNOUNCEMENT
Entrants who are randomly selected will be contacted by the phone number provided with their entry. This may be live on air or off-air. Due to programming schedules, this may not be broadcast on all participating radio stations.
All callers are randomly selected in the same way and any off-air recording will only ever take place after the entries have closed. The name, hometown, photo and any video or audio recording of the winner may also be posted on the Promoter’s Website and / or social media platforms.
By entering the Competition, the entrant is automatically consenting to being called and having their name and location announced on-air.
Entrants are only able to win a single prize throughout the duration of this Competition. Also, if an entrant has won €500 or more in any Bauer Media Competition over the past 6 months they are not eligible to win.
ITEM 9: PRIZE DETAILS
The Prize will always be a cash amount that will be delivered to a winner paid in cash, by bank transfer or by cheque.
Delivery or payment of the Prize is subject to the winner providing personal identification and / or proof of address and to internal compliance checks. The Prize is non-transferable and cannot be exchanged. Payment of the Prize may take up to 28 days from the point at which the Promoter receives the correct details.
Where, it emerges after the Prize has been awarded that the entrant was in breach of these terms and conditions, we reserve the right to withdraw the Prize from that winner and they will not be entitled to any further reward or remuneration. We reserve the right to exclude individuals who breach our terms and conditions from entering our competitions.
ITEM 10: INTELLECTUAL PROPERTY AND CONSENT
We will sometimes (at our discretion) telephone entrants and ask them to speak on-air. They have the right to refuse. If they consent, their voice will be recorded and they consent to this recording being used on our radio broadcasts. Entrants agree that we will own this recording and that a copy of it will be stored for further exploitation, which may include promotion.
Entrants will not be put through to speak on-air if we think they are driving illegally, intoxicated, likely to swear, or otherwise offend our listeners. Whilst on air for the purposes of this competition entrants must not use foul language, swear, say or do anything defamatory or illegal or say or do anything which would damage the reputation of the Promoter, is offensive or inappropriate or which would cause us, or our listeners, harm. Failure to comply will result in disqualification, and if the entrant has won the prize, this will be forfeited.
ITEM 12: OTHER CONDITIONS
We will only accept entries that comply with our terms and conditions and we may disqualify the entrant if we know or suspect that they have breached them. All our decisions relating to the Competition and/or awarding of prizes are final. No discussions or correspondence with entrants or any other person will be entered into about the operation of this Competition. We have the right to cancel, amend, terminate or suspend this Competition if forced to do so due to circumstances outside our control.
ITEM 13: DATA PROTECTION
By entering the Competition, entrants are automatically consenting to receiving marketing communications from the Promoter via SMS text message. Entrants can opt out of this at any time by texting: STOP to 57557. This will be charged at 1 standard network rate message. If entrants do not wish to receive any marketing communications, they will need to do this after each time they re-enter the Competition. Entrants’ personal data will (regardless of whether they opt-out) always be used to process their entry.
ITEM 14: CONTACT DETAILS
The promoter of this Competition is Bauer Media Audio Ireland LP, registered office: Marconi House, Digges Lane, Dublin 2, D02 TD60, Ireland and registered under limited partnership number LP3374 (the “Promoter”)
This is a Go Loud Network Competition, running across the following radio stations:
Today FM, Newstalk, 98FM, SPIN 1038 and SPIN South West.
For customer support or any queries, please email email@example.com
IF YOU HAVE ENTERED ONE OF OUR COMPETITIONS, TO ENSURE THAT YOU ARE COMPLETELY AWARE OF THE RULES WE ASK THAT YOU TAKE A COUPLE OF MINUTES TO READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ENTRY WILL BE GOVERNED BY THESE RULES IN RESPECT OF EVERYTHING FROM ELIGIBILITY TO PRIZES, HEALTH AND SAFETY ISSUES AND HOW WE USE YOUR ENTRY AND ARE LEGALLY BINDING, SO PLEASE… TAKE A LOOK.
1.1 These Terms and Conditions (“Terms”) shall be binding on you (and your guests where applicable) (together “you”) when entering any competitions (“Competition(s)”) operated by Radio Two Thousand Limited. (“98FM”), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by 98FM from time to time.
1.2 Entry and participation in any 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 You must pass a copy of these Terms to your guests (if applicable) and ensure that they comply with them.
1.4 It is agreed and accepted by you that 98FM shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors) (except in respect of death or personal injury directly attributable to 98FM’s negligence).
1.5 You have made certain representations and warranties to 98FM (both in these Terms and otherwise) in applying for a place on the Competition. 98FM has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should 98FM 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 98FM’s opinion, which shall be final) an adverse effect on the Competition, 98FM (or any of its radio stations), reserves the right to forfeit your place on the Competition (without giving any reason and without notice).
1.6 You agree to co-operate with and comply with all reasonable requests of 98FM and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
- Eligibility to enter competitions
2.1 You must be a resident of the Republic of Ireland. Employees of 98FM or Bauer Media, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.
2.2 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by 98FM, shall provide evidence your age.
- Health and Safety
3.1 With this Agreement, you confirm and warrant that, to the best of your knowledge, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition.
3.2 You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which 98FM considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).
3.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at your own risk. You must notify 98FM of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. 98FM 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.
3.4 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 98FM and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.5 You will comply with all directions of 98FM in respect of health and safety (failure to do so may lead to immediate disqualification, at 98FM’s direction).
3.6 You confirm that you are not taking any medication at present and will not during the Competition.
- The Competition
4.1 The interests and good reputation of 98FM are paramount and 98FM 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 98FM to do so. In particular (without limitation), 98FM reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conducts yourself in a manner which is inappropriate or unsuitable (in the discretion of 98FM). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary). You will not by any act or omission do anything, which might bring 98FM 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 98FM. You also warrant that you do not currently worked for any other radio station or media organisation in the Republic of Ireland.
4.3 You will comply with the instructions and directions of 98FM (failure to do so may lead to immediate disqualification, at 98FM’S direction).
4.4 Incomplete or indecipherable entries will be void (in 98FM’s absolute discretion).
4.5 98FM does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
4.6 Source material utilised by 98FM’s question compilers shall be taken as correct.
4.7 Late entries will not be accepted (in 98FM’s discretion).
4.8 In the case of a prize draw, the first correct entry drawn will be the winner.
4.9 The decision of 98FM’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.10 98FM’s 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.
4.11 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, 98FM will use reasonable endeavours to offer an alternative prize at some other time and/or some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against 98FM’s in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
- Claims to prizes
5.1 In order to enable 98FM’s to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, 98FM’s 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 will be treated as invalidated.
5.2 If 98FM 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 98FM, that you had no actual or imputed knowledge of the 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 98FM reserves the absolute right to treat that entry as invalid (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 98FM forthwith upon discovery by 98FM.
6.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. 98FM may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
6.2 98FM does not accept any liability for claims of prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3 Please allow up to 28 working days for your prize to be available for collection or to be delivered. The majority of prizes are delivered by post (usually via the An Post service). Some prizes must be collected from our offices, which are open weekdays from 08.30-17.30. You must have photo ID when collecting a prize. You will be contacted by phone, text message or email once your prize is available for collection. Please note that some prizes, such as concert tickets, may not be available until closer to the date of the gig.
*** Please note - due to the on-going Covid-19 pandemic, some prizes are taking longer to deliver than normal. ***
6.4 Once you have received notification that your prize is available for collection, you must do so within three (3) months. Any uncollected prizes will be re-allocated and your claim will be invalid.
- In the case of prizes in the form of addition to the "free list" or "guest list" of the event promoter you must arrive and gain admittance to the venue at the published start time of the event. Late admission to an event is at the event promoters’ discretion. All Guest List admission shall be bound by the event promoter's terms and conditions together with those set out on the actual ticket and the rules and regulations of the venue.
- 98FM will not be responsible for replacing a prize if a concert or ticketed event has been awarded as a prize and the concert or event is cancelled or postponed.
- Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by 98FM. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid Irish passport with at least 6 months’ further duration (or competition entry will be invalid).
7.3 Holidays are not available to persons under the age of 18 without the express prior written permission of 98FM. Children between the ages of 12 and 16 years for the purpose of airfares are considered to be adults. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
7.4 In the event of unforeseen circumstances or circumstances outside 98FM’s reasonable control 98FM reserves the right to offer an alternative prize of equal value. No cash will be offered.
7.5 All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.
7.6 You must comply with the terms and limitations of any insurance policy relating to the holiday.
7.7 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.8 You are not entitled nor authorised in any way to commit 98FM to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of 98FM in writing.
7.9 Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
7.10 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by 98FM or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from Dublin airport, meals and drinks).
7.11 You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
7.12 Where a 98FM competition prize or promotional giveaway is being provided by a third party and not 98FM, then in the event of the said third party being unable to provide the prize for reasons outside the control of 98FM, 98FM and it’s servants or agents will not be responsible for providing a replacement and will have no responsibility or liability to the winner(s)
7.13 You are responsible to securing your own entry visa for any country which requires it. 98FM cannot be held responsible if you have failed to secure the necessary travel & visa documentation before departure. You are also responsible for securing your own personal travel insurance if required.
- Ticket give-aways
8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue. If the concert is cancelled, 98FM is not obliged to provide replacement tickets or an alternative prize. If a concert or show is postponed, the tickets are generally valid for the rescheduled date. 98FM is not liable for any costs or damages associated with the change of date or postponement of the event. Please note, that it may be necessary to provide your name and/or contact details to the concert promoter or venue in order to gain access to the concert you won tickets for on-air, on-street or via one of our social platforms.
9.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to 98FM, its business, personnel, servants, agents or officers to anyone.
9.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of 98FM.
10.1 Winners must as a condition of the prize participate in all required publicity.
10.2 You shall not without the specific prior written consent of 98FM 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 the Participant’s involvement therein shall vest exclusively with 98FM.
10.3 You agree to undertake as requested by 98FM all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of 98FM in perpetuity.
10.4 You hereby grant and assign to 98FM (to the extent that it is has the rights 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 assignment. This assignment shall include the right for 98FM 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 98FM may in its absolute discretion determine.
10.5 Without limitation to any other rights under this Agreement, 98FM shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
- Intellectual Property
11.1 In the case of competitions which require you to submit audio recordings you grant to 98FM the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by 98FM of the audio recording submitted will not infringe any third party rights and shall indemnify 98FM for any loss, damage or liability arising in connection therewith.
11.2 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.
11.3 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 98FM for its own use (in its absolute discretion).
- 98FM – exclusion of liability
12.1 98FM 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 98FM or death or personal injury arising out of such negligence.
12.2 98FM 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.
12.3 98FM 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.
13.1 You undertake the Competition at your own risk and agree to indemnify 98FM 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.
13.2 There is no fee payable to you in respect of your involvement in the Competition.
13.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at your own risk.
13.4 98FM 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. This limitation does not exclude any liability for negligence by 98FM or death or personal injury arising out of such negligence.
13.5 98FM 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.
13.6 In the case of on-line competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by 98FM may be accessed by third parties. 98FM accepts no liability in such cases.
13.7 These Terms shall be governed and construed in accordance with Irish Law.
13.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by 98FM) 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 98FM. 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.
13.9 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 Irish law and the parties irrevocably submit to the exclusive jurisdiction of the Irish courts.
13.10 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.
We will not monitor, edit or disclose any personal information about you without your prior consent. In the course of the 98FM we may acquire personal data and information about you which you have registered with us. When you give your personal details to us, we have a duty to keep these details private and safe. This process is known as data protection. Under data protection law, you have rights regarding the use of your personal details and we have certain responsibilities in how we handle this information.
In this regard, we undertake to only use your data in complete accordance with the following conditions:
We will not rent or sell any data which may personally identify you to any third party. We may aggregate your data for disclosure to advertisers or business associates for promotion and marketing purposes. By way of example, we may disclose to an advertiser the percentage age groups of our members but in such an event we undertake to ensure that no such data could be used to personally identify you.
We may share your data with related groups in the Bauer Media group but only for the purposes of market profiling. This may mean that you could be contacted by a company within the Group for market profiling.
We may access your lists and related communications for technical processing and to address technical problems or service complaints.
Certain data such as your password will never be disclosed. You are responsible for keeping your password confidential and for all activities that occur under your password or account. Please let us know of any unauthorised use of your password, or any other breach of security. We will clearly state why we are collecting personal information and how it will be used. At your request we will allow you
inspect and edit any personal data relating to you.
We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing) we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole
discretion believe necessary or appropriate.
Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder 98FM from complying with its legal obligations as to disclosure or otherwise under the Data Protection Act 1988.
By joining the 98FM VIP club or entering any competition on 98FM, you agree to allow us to communicate with you via email regarding 98FM opportunities. We will always use this communication method responsibly.
This document explains how Bauer Media Digital processes information about you which is personally identifiable (“your information”) when you use the 98FM Application.
Bauer Media Digital is registered as a data controller for the purposes of the Data Protection Acts 1988 and 2003. If you have any queries about how we use Your Information or have a complaint, please contact us: firstname.lastname@example.org
The 98FM Application is Dublin’s Best Music Mix and Entertainment radio station. Listen in to the Big Breakfast with Brendan & Rebecca, Dublin's Best Music Mix with Barry Dunne, The Big Ride Home with Brian Maher and The Fix with Ciarán O'Connor. You can also stay up to date on latest News & Sport, check out all the station’s competitions, giveaway’s, entertainment updates and more.
Advertisements track whether there has been an engagement with the advert.
However, it does not track it down to individual level.
In the case of certain adverts such as iPolls the ad will track whether your mobile device was previously used to vote in the iPoll. It does not track which way you voted.
Data capture in mobile:
The data to be collected for advertisements featuring competitions is defined by the advertiser. The competition entry form will clearly identify the information that is required from you for that competition.
It is the user’s decision to supply the information and determine whether you wish to proceed with your entry into the competition.
Full terms and conditions applying to the competition and the capture of your data will be displayed on the competition entry form.
User Provided Information
The rich social features of the application require the use of a large set of Facebook functionality. The application seeks your consent to access and use your information from Facebook using the standard mandatory Facebook authorisation process.
When entering a Competition within the Application you may be asked to provide all/any of the following:
(b) Email Address
(c) Telephone No.
(d) Postal Address
(e) Age where legally required i.e. Alcohol brand
Automatically Collected Information
In addition, the Application may collect certain information automatically, such as:
(a) Type of mobile device you use
(b) Your mobile devices unique app installation ID
(c) IP address of your mobile device
(d) Your mobile operating system,
(e) Type of mobile Internet browsers you use
(f) Information about the way you use the Application or analytics
Does the Application collect precise real time location information of the device?
This Application does not collect precise information about the location of your mobile device.
MMA MOBILE APPLICATION
Do third parties see and/or have access to information obtained by the Application?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
(a) To any suppliers and subcontractors in order to fulfil the service
(b) If we are under a duty to disclose or share your information in order to comply with any legal obligation or in order to enforce or apply the User Terms as applicable and other agreements;
(c) To third parties for marketing purposes only where you have consented to this.
(d) If Bauer Media Digital is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our
Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information
(e) This Application is free and supported via advertising, and collects data to help the Application serve ads e.g. whether you are using an iOS or Android device
MMA MOBILE APPLICATION
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us (email@example.com) and we will respond in a reasonable time.
Please note that some or all of the User Provided Data may be required in order for the Application to function properly, and we may be required to retain certain information by law.
Access to your information and corrections
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of such information, please contact firstname.lastname@example.org. You may ask us to correct or remove information you think is inaccurate by contacting us. We hope you will be happy with the way we handle your information but if not you have the right to complain to the Office of the Irish Data Protection Commissioner – for more information visit www.DataProtection.ie.
98FM is concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain.
For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
(a) If you contact us, we may keep a record of that correspondence;
(b) Any other information provided by you pursuant to your use of the 98FM Application.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us here.
Social Media Competitions
Winners will be selected at random from entries submitted for Social Media competitions, through an app on the 98FM page, or on the 98FM social media pages itself. Information submitted will only be used by 98FM to contact the selected winners regarding their prize. Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Snapchat or Instagram, unless otherwise stated.
98FM’s What's The Question
98FM's What's The Question is a guessing competition, where listeners are invited to play the game on-air on 98FM.
The person matching the correct question to the "answer" given by the presenters of 98FM's Big Breakfast will be deemed the winner. 98FM reserve the final decision on any winning guess or guesses.
Guesses to 98FM's What's The Question can only be made on-air with the presenter or presenters. Unless specifically highlighted, guesses will not be accepted through email, text, WhatsApp or other similar services.
Any invitation to text or WhatsApp the word "Question" (with your details) is purely to register to play on-air and does not guarantee a call back to partake in the on-air element of the competition.
You should not include your guess when you text or Whatsapp to register to play. If you do not start your text with the word “Question” 98FM reserve the right to not enter you into the draw to get called back to play on-air.
The cash amount for 98FM's What's The Question will rise by €50 per weekday. 98FM reserve the right to increase or decrease the winning amount at any stage.
The game will end when the correct guess is made on-air identifying 98FM’s What's The Question with a description that is deemed by 98FM to be an exact phrasing of the question that has been determined at a prior date.
98FM reserve the right to extend or terminate the game at any point.
If you have won a prize, exceeding €1,000, in the past 90 days, you are excluded from participating in this competition.
The rules for 98FM’s What's The Question run in addition to the existing terms and conditions on 98FM.com
Prizes are only valid for travel during specified travel dates in 2022. Holiday must be taken on mutually agreed dates and cannot be taken in high season. Travel from July 13th 2022 until December 16th 2022. Winner and guests must hold valid travel insurance for the holiday duration. Prize 7 Nights B&B in the 5 Star Kenzi Rose Garden, Marrakech.
Failure to attend for any reason whatsoever on the travel dates agreed and booked does not entitle the winner to an alternative prize and the prize will be deemed to have been forfeited.
The promoter reserves the right to substitute prize of equal value if a prize element becomes unavailable for any reason whatsoever. Holiday is non-transferable and cannot be redeemed for cash.
Holiday must be booked directly with Sunway head office, Marina House, Clarence Street, Dun Laoghaire Co. Dublin.
Terms & Conditions of “Best Of Dublin” on Dublin’s 98FM
The promoter is Radio 2000 Ltd (t/a 98FM) (the “Promoter”).
98FM is running “98FM’s Best Of Dublin Awards” (the “Promotion”).
How to Nominate
Members of the public can nominate in the respective categories over a two week period.
The categories are:
- Dublin Hero
- Best Dublin Sports Person
- Best Sports Club
- Best Dub
- Best Bus Driver
- Best Shop
- Best Salon
- Best Barber
- Best Butcher
- Best Workplace
- Best Gym
- Best Breakfast
- Best Takeaway
- Best Coffee
- Best Restaurant
- Best Bar
Multiple entries are allowed, but not necessary. Finalists are not selected solely on the volume of nominations for a person or business.
Entry to the Promotion will open on Monday April 8th, 2019 at 12.00am and close Sunday April 21st, 2019 at 23:59 (the ‘promotional period’). Only nominations received within the promotional period will be considered for the next round, which is the public vote. A panel of judges will select five (5) finalists for each category. Judge’s decision is final.
No purchase necessary to enter into the promotion.
The Promoters reserve the right, at any time to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and any details relevant to an entry).If there is a dispute regarding the identity of an entrant, the Promoters will have sole discretion to determine the identity of the entrant.
By entering into the Promotion, entrants are deemed to accept these Terms & Conditions and the general Terms & Conditions of 98FM to be found on www.98FM.com
The following individuals are not entitled to enter the Promotion:
- a) Any member of the board of directors of a Promoter or his/her family members;
- b) Any officer or employee of a Promoter or his/her family member; or
- c) Any contractor or subcontractor of a Promoter involved in the Promotion.
- d) Any employee, contractor or sub-contractor of any sponsor or affiliate involved in the promotion.
There will be five (5) finalists per category which will be put to a public vote.
Voting will be carried out via the 98FM website. Multiple votes for a finalist are allowed, but finalists/winners will not be judged solely on volume of votes cast.
Finalists will be announced at 8am on Monday April 29th, 2018, at which stage voting will open to the public.
Voting closes at 12 noon on Friday May 10th, 2019.
The judging panel will select winners based on a number of factors including, but not limited to, the effectiveness of the campaign carried out by the finalists (in-store, on social media, etc), ‘secret shopper” visits to a business (where applicable) and not solely the volume of votes.
There will be one winner per category, who will receive a plaque on the night. They will also receive publicity on 98FM (on-air and on 98FM’s social channels/website).
There will also be a special award on the night for “Best Campaign”. This will solely be picked by a panel of judges, and not by public vote. The winner of this award will receive an advertising package on 98FM to the value of €10,000.
Where necessary, and at the Promoters’ discretion, prizes may be awarded in trust to any person under 18 years of age.
Special Recognition Award/Awards may also be presented on the night. These will be picked by the Promoter, and will recognise the contribution made by a person, group, team or community who have gone above & beyond in their community or the city in general.
Details of the prize winners may be publicised by the Promoters. By participating in the Promotion, prize winners do consent to the use of information submitted, including personal information, on any publicity regarding the Promotion.
The Promotion is governed by the law of the Republic of Ireland.
Limitation of Liability
Except for any liability that cannot be excluded by law, the Promoters (including any of their officers, employees or agents) exclude all liability (including negligence) for any loss or damage howsoever caused, whether direct, indirect or consequential, arising out of or in connection with the prizes or the Promotion.
Under no circumstances shall the Promoters (including any of their officers, employees or agents) be held liable for any delay or failure in performance of the Promotion resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.
No responsibility will be accepted for entries which are not received by 98FM for any reason whatsoever.
The Promoters will not be responsible for any matter arising out of or resulting from enjoyment of the prizes.
Information submitted in connection with the Promotion will be processed by the Promoters and their agents and will be used to select and award the prize winners.The Promoters will contact entrants only as set out in these Terms and Conditions.The Promoters will only make use of and process personal data to the extent any processing of the data is necessary to select and award the prize winners and as set out in these Terms and Conditions.By participating in the Promotion, entrants consent to the processing of personal data as described above. Please refer to 98FM’s General Competition terms and conditions HERE: http://www.98fm.com/policies
OREO Twists Suzanne Kane feature on 98FM T&C's
These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/ instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
- Promoter: 98FM, Marconi House, Digges Lane, Dublin 2
- Eligibility: Entry is open only to residents of the Republic of Ireland aged 18 and over. Directors, management and employees (and their immediate families) of the Promoter or the agencies or companies associated with this promotion are ineligible to enter.
- Entrants can enter every Thursday from WC29th August 2022 to WC19th September 2022 inclusive, between 10am and 1pm. To enter, Listeners must text via whatsapp to 0877989898*, telling Suzanne their guess of what are the 2 classic songs with a twist that were played out. The show will pick a winner each Thursday from the entries. They will call the winner on-air.
*Standard network charges apply.
- Moderation: The Promoter reserves the right to reject entries which, in the reasonable opinion of the Promoter:
- contain any material which: (i) is offensive and/or derogatory, (ii) is of a explicit and/or sexual nature, or (iii) is defamatory, libelous, obscene or disparages the promoter in any way, or (iv) is otherwise illegal;
- contain any material which violates any third party intellectual property rights (including, but not limited to, copyright, trade marks, or any other proprietary or personal right);
- contain any trade/brand logos or references other than incidental inclusion and/or relating to the Promoter’s products; and
- Promotes any political or religious agenda.
- Maximum of one entry per person during the entire promotion.
- Winner Selection and notification. (each Thursday from WC29th August to WC19th September) Winning entry is chosen at random from all correct answers by presenter each Thursday
- 1 prize to be given away each Thursday of the sponsorship, a €75 OREO Twists hamper. 4 prizes in total. There is a maximum of 1 prize to 1 person each Thursday. A total of 4 winners will be selected throughout the Promotion dates.
- The winner will win a OREO Twists hamper to the value of €75 each Tuesday.
- If the winner is disqualified, the Promoter reserves the right to award the prize to a reserve winner selected in the same manner. Reserve winners may have less time to respond.
- Please allow up to 28 days from the date of acceptance of the Prize for delivery of prize.
- The Promoter’s decision is final and no correspondence will be entered into.
- An entry must be made directly by the person entering the Promotion and in accordance with these Terms & Conditions. Third party, spam and bulk entries will not be accepted. The Promoter reserves the right to disqualify any individual who tampers with the entry process or does not comply with these Terms & Conditions, and may cancel, terminate, modify or suspend the Promotion or invalidate any affected entries. Entries which do not satisfy the requirements of these Terms & Conditions in full will be disqualified and will not be counted. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the Promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any gift entitlement will be void.
- The Promoter reserves the right at any time, in its absolute discretion, to verify the eligibility of any participant (including their age and place of residence); disqualify any participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who the Promoter believes to have acted in breach of these Terms and Conditions; disqualify participants who do not give correct contact details.
- The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. For the avoidance of doubt, it is the responsibility of the participant to check junk/spam to ensure they are in receipt of promotional communication. The Promoter is not responsible for an entrant making a late claim on their win if this email is missed for any reason.
- The Prize is not transferable or exchangeable for any other form of compensation in whole or in part.
- In the event for any reason the prize winners do not claim the prize at the time stipulated by the Promoter, then that prize will be forfeited by the winners and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. If for any reason a prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value.
- If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, malware incident, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
- By entering this promotion, the winner grants the Promoter the absolute right and permission to use, publish, publicly display, perform, transmit, exhibit and reproduce their name, statements, video, voice, recordings, interviews, photographs or other visual or audible representations or likeness, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs or images in any medium (whether now known or hereafter invented) including, but not limited to the internet and other electronic and social media and for any and all purposes, publicity, promotion, packaging and trade throughout the world without restriction as to manner, frequency or duration of use or any other purpose whatsoever in connection with this promotion or in connection with the marketing of the products of the Promoter, or otherwise. The winner further agrees that all materials produced pursuant to the rights set out above shall and will remain the property of the Promoter. Winners are under no obligation to agree to this clause 17 and it is not a condition of prize acceptance. At all times winners can opt-out.
- The Promoter shall comply with all applicable requirements of the Data Protection Act 2018, The EU General Data Protection Regulation 2016 and any successor legislation or other applicable law. The personal information entrants provide will be used by the Promoter for the purpose of conducting this promotion and in accordance with the Promoters’ Data Privacy Notice which can be found at https://www.98fm.com/competitions-terms-and-conditions
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
- The Promoter shall not be liable for any loss, damage or consequential damage of any nature in contract, tort (including negligence) or otherwise caused by acceptance of the terms and conditions or in connection with the prize (to the extent permissible by law).
- These Terms and Conditions are governed by Irish law and shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.