Introduction

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 Blue Elephant International Plc (“Blue Elephant”), its sponsor(s) or any company,  website owned or controlled (directly or indirectly) by Blue Elephant 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 Blue Elephant 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 Blue Elephant’s negligence).

1.5 You have made certain representations and warranties to Blue Elephant (both in these Terms and otherwise) in applying for a place on the Competition. Blue Elephant has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Blue Elephant 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 Blue Elephant’s opinion, which shall be final) an adverse effect on the Competition, Blue Elephant (or its sponsors), 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 Blue Elephant and its sponsors and employees (and in particular the health and safety team) in connection with the Competition.

2. Eligibility to enter competitions

2.1 Employees of Blue Elephant, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.

2.2 Only one entry per person will be permitted. Multiple entries will be disqualified.

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 Blue Elephant, shall provide evidence your age.

3. Health and Safety

3.1 By signing the 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 Blue Elephant 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 Blue Elephant 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. Blue Elephant 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 Blue Elephant 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 Blue Elephant in respect of health and safety (failure to do so may lead to immediate disqualification, at Blue Elephant’s direction).

3.6 You confirm that you are not taking any medication at present and will not during the Competition.

4. The Competition

4.1 The interests and good reputation of Blue Elephant, 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 Blue Elephant (or its sponsors) to do so. In particular (without limitation), Blue Elephant 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 Blue Elephant). 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 Blue Elephant or its sponsors 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 Blue Elephant.

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

4.4 Incomplete or indecipherable entries will be void (in Blue Elephant’s absolute discretion).

4.5 Blue Elephant 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 Blue Elephant’s question compilers shall be taken as correct.

4.7 Late entries will not be accepted (in Blue Elephant’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 Blue Elephant’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

4.10 Blue Elephant shall be entitled, in its absolute discretion, to cancel a competition with immediate effect by 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, Blue Elephant 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 Blue Elephant 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 Blue Elephant to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Blue Elephant reserves the right to carry out an interview (by telephone or in person with you). 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 Blue Elephant 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 Blue Elephant, 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 Blue Elephant 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 Blue Elephant forthwith upon discovery by Blue Elephant.

6.  Prizes

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. Blue Elephant may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.

6.2 Blue Elephant does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.

7. Holiday Prizes

7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Blue Elephant or its sponsors. 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 UK 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 Blue Elephant. 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 Blue Elephant’s reasonable control Blue Elephant 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 Blue Elephant 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 Blue Elephant 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 Blue Elephant or its sponsors 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 a London 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.

8. 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.

9. Confidentiality

9.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Blue Elephant, 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 Blue Elephant.

10. Publicity

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 Blue Elephant 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 Blue Elephant.

10.3 You agree to undertake as requested by Blue Elephant 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 Blue Elephant in perpetuity.

10.4 You hereby grant and assign to Blue Elephant (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 Blue Elephant 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 Blue Elephant may in its absolute discretion determine.

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

11. Intellectual Property

11.1 In the case of competitions which require you to submit audio recordings you grant to Blue Elephant 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 Blue Elephant of the audio recording submitted will not infringe any third party rights and shall indemnify Blue Elephant 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 Blue Elephant for its own use (in its absolute discretion).

12. Blue Elephant – exclusion of liability

12.1 Blue Elephant 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 Blue Elephant or death or personal injury arising out of such negligence.

12.2 Blue Elephant 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 Blue Elephant 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. General

13.1 You undertake the Competition at your own risk and agree to indemnify Blue Elephant 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 Blue Elephant 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 Blue Elephant or death or personal injury arising out of such negligence.

13.5 Blue Elephant 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 Blue Elephant may be accessed by third parties. Blue Elephant accepts no liability in such cases.

13.7 These Terms shall be governed and construed in accordance with English 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 Blue Elephant) 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 Blue Elephant. 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 English law and the parties irrevocably submit to the exclusive jurisdiction of the English 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 by virtue of the Contracts (Rights of Third Parties) Act 1999.

May 2003