Terms & Conditions

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> ADVERTISING TERMS & CONDITIONS


COMPETITION TERMS & CONDITIONS
1.   Participation
2.   Prize
3.   Employee Participation
4.   Entrant Limitation
5.   Use of Prize
6.   Winners
7.   Prize Exclusions
8.   Prize Responsibilities
9.   Exclusions of Liability
10.  Decisions Final
11.  Exclusions of Participation
12   Events Prizes
13.  Age Restrictions
14.  Receipt of Prize
15.  Personal Information
16.  Disposement of Prizes
17.  Payment upon Entry
18.  Winner Communication
19.  Disqualification
20.  Draws
21.  Past Employee Eligibility
22.  These Terms & Conditions

1. Participation
All entrants to any Hull Kingston Radio contest both imply and agree to participate in the contests and obey the rules by their participation in the contest.

2. Prize
All prizes must be accepted as awarded. Prizes are non-exchangeable and non-transferable, and are not redeemable for other prizes. Hull Kingston Radio cannot accept responsibility for the loss of a prize once it has been received by the prize winner and all prizes must be claimed within 14 days of notification.

3. Employee Participation
Employees/Volunteers of Hull Kingston Radio, immediate families &  friends  are not eligible to win prizes.

4. Entrant Limitation
Hull Kingston Radio may limit competition entrants to only those people listening within its stations’ normal transmission areas at the time of entering the competition.

5. Use of Prize
No prize may be used in any way that would have, or could have been expected to have an adverse or negative effect on Hull Kingston Radio.

6. Winners
Winners will permit Hull Kingston Radio and the sponsors of particular competitions to use their name, voice and/or likeness without prior notice or compensation, for promotional purposes in connection with the contest in broadcast, electronic and print forms.

7. Prize Exclusions
Winners are responsible for all costs associated with travel to any venue or event for which a prize was awarded, unless otherwise specified.

8. Prize Responsibilities
Winners shall solely be responsible for all applicable taxes or additional charges on any prize awarded.

9. Exclusions of Liability
Winners agree to indemnify and hold forever harmless Hull Kingston Radio, promotion agencies, their agents, officers, employees, affiliates and assigns for any injuries, accidents, misfortunes, or causes of action arising from or in connection with participation in any contest and/or acceptance of the prize.

10. Decisions Final
Any ties, disputes, conflicts, questions or concerns regarding Hull Kingston Radio contests and/or their associated prizes will be handled by Hull Kingston Radio, whose decisions are final and indisputable.

11. Exclusions of Participation
Winners agree to indemnify and to hold Hull Kingston Radio harmless in the event of any injuries or other maladies with regards participation in any contest staged or sponsored by Hull Kingston Radio. Entrants have entered the contest at their own risk, and agree to hold nobody responsible for any injuries or misfortune with regards to participation in any Hull Kingston Radio contest.

12. Events Prizes
If a concert or other ticketed event has been awarded as a prize and the concert or event is postponed, rained out, cancelled or for other reasons beyond Hull Kingston Radio control does not occur, Hull Kingston Radio will not be responsible for replacing the prize.

13. Age Restrictions
Hull Kingston Radio may impose an age limit on entering specific competitions, which will be announced on air and posted on our website.

14. Receipt of Prize
Hull Kingston Radio may require proof of winner’s age before prizes can be sent to winners. Receipt of prizes may be delayed until such proof is received by Hull Kingston Radio and failure to do so will negate any claim. Prizes will be mailed / available for pickup 2 weeks after they have been awarded, unless otherwise noted. Concert tickets are usually not available until 2 weeks prior to the concert date. Hull Kingston Radio cannot be held responsible for delays in postal delivery methods or strike action by such organisations.

15. Personal Information
Names of winners are available from Hull Kingston Radio upon request.

16. Disposement of Prizes
If the winner(s) of the prize cannot be traced after reasonable efforts having been made by Hull Kingston Radio then the Hull Kingston Radio may dispose of the prize as it thinks fit without any liability to the winner(s) for having done so.

17. Payment upon Entry
Where competition entry is via phone or premium rate phone or text entrants must be the person who pays the bill or have the permission of the bill payer before entering. The cost of entering competition will be announced on air and displayed on the station website.

18. Winner Communication
Hull Kingston Radio is not responsible for any disconnection of a participant’s telephone call or sending of text messages due to local or long distance phone company’s failure, power company failure, or other act of God.

19. Disqualification
Hull Kingston Radio reserves the absolute right to disqualify any entrant to any competition which it considers has used improper means to enter. Winners of any prize in a competition may be excluded from taking part again in any competition run by the station for up to one month.

20. Draws/Previous prize winners
Winners of previous competitions /Draws will have  wait 30 days before being allowed to win other competitions on the station unless otherwise stated , this is to  allow other entrants to win.

21. Past Employee Eligibility
Past employees/Volunteers of Hull Kingston Radio cannot participate in competitions up to 2 years following their departure from the company.

22. These Terms & Conditions
Hull Kingston Radio retains the right to amend these rules and regulations at any time for any reason.


ADVERTISING TERMS & CONDITIONS
1.   Definitions
2.   Advertising Agencies and Commissions
3.   Acceptance of Terms and Conditions
4.   Acceptance of Advertisements
5.   Dates/Times of Broadcast
6.   Cancellations
7.   Material and Property Liability
8.   Accounts
9.   Warranties and Indemnities
10.  Changes of Rates and Conditions
11.  Value Added Tax

1. Definitions
(a) The expression “the Company” shall hereafter mean and shall include the successors in title and assigns of that Company.

(b) The expression “the Advertiser” wherever it hereinafter appears, shall mean the person, firm or company by whom an order for an advertisement booking is placed and shall also mean and include the Advertiser’s successors in title and assigns.

(c) The expression “the Authority” shall mean OFCOM.

2. Advertising Agencies and Commissions
(a) An advertiser who is an advertising agency shall be deemed to contract as principal and will accordingly be responsible for payment of accounts and will be deemed to have full authority in all matters connected with the placing of orders and the approval or amendment of advertisement copy.

(b) Agency Commission of 15% is payable to all advertising agencies recognised by the Company and will be calculated on the basis of the rates applicable less discounts allowed and less any surcharge payable under the provisions of Condition 4.

(c) No agency commission payable by the Company to such an Advertiser shall be paid or allowed to or shared with any client or any advertising agency not recognised under Condition2(b) (or in the case of an overseas agency, not recognised by the appropriate media organisation in its own country).

3. Acceptance of Terms and Conditions
(a) The placing of an order with the Company by the Advertiser will be deemed an acceptance of these terms and conditions by the Advertiser.

(b) No terms or conditions other than those set forth herein or any variation thereof under Condition 10 shall be binding upon the Company or the Advertiser unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.

4. Acceptance of Advertisements
(a) All advertisements will be broadcast subject only to approval of them by the Company and to their compliance with the Broadcasting Act 1990, OFCOM’s Code of Advertising Standards and Practice and the Company’s technical requirements and submission procedures.

(b) Advertisement copy must be delivered not less than 3 clear working days before scheduled broadcast date unless the Company shall in any particular case agree to accept a shorter period. Delivery of advertisement copy shall not be deemed to have been made until the Company’s technical requirements and submission procedures have been complied with and the relevant broadcast instructions have been given. If the Advertiser fails to deliver advertisement copy in accordance with the provision of this paragraph he shall be subject to a surcharge of £20 and remain liable to pay for the advertisement whether or not it is broadcast.

(c) The form in which advertisement copy must be submitted, the procedure for the approval and or rejection thereof, changes or alternative copy use Procedures (as shall be published by the Company from time to time) prevailing at the date of submission of the advertisement copy.

(d) The Company at any time may without incurring any liability whatsoever to the Advertiser:

i) add to, delete, change or otherwise amend advertisement copy if so required by OFCOM or if in the opinion of the Company the advertisement contains unsuitable copy with the Advertiser shall remain liable to pay for such advertisements.

ii) decline to broadcast any advertisements without giving any reason for so declining but the Advertiser shall not be liable to pay for any such advertisements.

iii) restrict any repeat broadcasts of the same advertisement.

(e) Subject to the provisions of Condition 10 below all bookings are accepted on the understanding that they will be paid for at the rates in force at the date of broadcast.

5. Dates/Times of Broadcast
(a) The Company does not guarantee that the scheduled times and or dates of broadcast will be adhered to, but if for any reason whatsoever an advertisement is:

i) not broadcast during the period arranged or

ii) not broadcast at all or

iii) broadcast so that a material part thereof is omitted or

iv) broadcast containing a material error made by the Company.

The Company will endeavour to offer a broadcast or broadcasts during some other period which may be accepted by the Advertiser provided that if any offer of such a broadcast is not accepted (or is not made) the Advertiser shall have no claim against the Company in respect of non-broadcast or for any expense or damage whatsoever incurred as a result

thereof; and the Company shall make no charge to the Advertiser for such advertisement but the company shall be entitled to be paid by the Advertiser any agreed fees or such expenses as the Company has incurred in respect of any facilities arranged or provided.

(b) In the event of the Company’s activities being restricted, curtailed or prevented by any law or any other act or thing beyond the Company’s control, the Company may at any time, notwithstanding anything herein before contained, forthwith determine any contract without prejudice to the Company’s rights to be paid by the Advertiser any monies due and owing by the Advertiser to the Company at the time of such determination.

(c) Broadcast will be deemed to have been made if carried by the Company’s main transmitter.

6. Cancellations
Subject to the provision of Condition 10, any booking may be cancelled by either side, provided that notice in writing is received by the Company or the Advertiser as the case may be, not less than 28 days before the scheduled broadcast date. If the cancellation is made by the Advertiser the campaign will be charged at the rate appropriate to the number of advertisements actually ordered before such a cancellation becomes effective.

7. Material and Property Liability
While every care will be taken in respect of recordings, scripts or other material, the Company cannot accept liability for the loss, damage, delay in delivery thereof whether in the studios or in transit and whether or not such recordings, scripts or other material are supplied by the Company.

8. Accounts
(a) Accounts payable by an advertising agency recognised by the Company or any other approved credit customer of the Company shall be paid not later that the 15th day of the month following the month of broadcast. Other accounts shall be paid not later than seven clear days before the scheduled first broadcast date and in default of such payment the Company shall be entitled to refuse to broadcast the advertisement.

(b) The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.

(c) Accounts not paid to the terms detailed in 8(a) above will have future orders cancelled, including any currently being transmitted.

(d) If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Company reserves the right to charge interest and compensation on overdue accounts at the statutory rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods and services as invoiced has been credited to the Company’s bank account without recourse or the Company has received the full amount in cash

(e) Any Amount outstanding beyond our credit terms of reference will be passed out of hand to our legal advisers and will be subject to a surcharge of £80.00 to cover the cost incurred: such accounts will also be subject to any other costs incurred in obtaining settlement.

(f) The Company reserves the right to charge an administration fee of £40.00 per thousand or part thereof for any payment received by cheque returned unpaid.

(g) AII advertising charges are subject to a 0.1% Broadcast Advertising Standards Board of Finance (basbof) levy, payable by advertisers to help finance the self-regulatory system administered by The Advertising Standards Authority (Broadcast) Ltd.

9. Warranties and Indemnities
The Advertiser warrants and undertakes that:

(a) he will be responsible for obtaining and paying for all necessary licences and consents for the broadcast of any advertising copyright material contained in, or the inclusion of any person in his advertisement;

(b) no advertisement copy will breach the copyright or other rights or be defamatory of any third party;

(c) he will indemnify and keep the Company indemnified against all action, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use, recording or broadcasting of any advertisement copy or matter supplied or broadcast for the Advertiser.

(d) all Hull Kingston Radio productions are copyright and are licensed only for Hull Kingston Radio. It is illegal to transmit any commercial on another station, website or shop premises without prior permission and relicensing from Hull Kingston Radio.

10. Changes of Rates and Conditions

(a) The Company reserves the right to change the advertisement rates, time segments, classifications and any of these terms and conditions by not less than 28 clear days notice, and in the event of such a change, the rates payable and the terms and conditions applicable shall (by serving written notice on the Company within 10 clear days of receiving notice of such change) be entitled to cancel any order for an advertisement to which the changed rates or terms and conditions would otherwise be applicable.

(b)The Company may from time to time make special charges and/or conditions for certain types of advertisements or for bookings at certain specified periods.

11. Value Added Tax
All rates exclude VAT, which will be charged at the rates prevailing at the taxpoint.