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  T&C's Chance Term's & Conditions

These terms and conditions, together with any specific rules set out in Competition Rules, apply to any competition or prize draw (“Competition”) organised and operated by SwanYE, or any companies within the SwanYE group (“us”, “we”, “our” or “SwanYE”).

It is important that you read these terms and conditions and any applicable Competition Rules carefully. If you have not located the applicable Competition Rules please contact us for a copy. A copy of these terms and conditions can also be obtained by sending a stamped self-addressed envelope addressed “Competition Terms” to SwanYE at the address below.

By participating in a Competition you are deemed to have accepted and agreed to be bound by these terms and conditions and any applicable Competition Rules (together the “Competition Terms”). These terms of the

Competition Rules will have priority over any inconsistent terms in these terms and conditions. We may amend or vary these terms and conditions from time to time. The most recent version of these terms and conditions (as available on our website) will apply as at the date of the Competition.

The laws of England and Wales will apply to the Competition Terms and the courts of the England and Wales will have exclusive jurisdiction in relation to the Competition Terms.

Nothing in the Competition Terms restricts your statutory rights as a consumer.

How to contact us: You can contact us in relation to any Competition or the Competition Terms by writing to us at the following address: SwanYE, The Misbourne, Gt Missenden, Bucks, HP5 0BN. You can also email us at studio@chanceradio.co.uk or call us on 020 8123 3935.

Please also refer to our Website Terms of Use HERE and Privacy Policy HERE.


Important Terms:
1. Entrants must be an individual, resident in the UK, and must not be an employee (or a family member of an employee) of SwanYE or any company (including any subsidiaries) involved in operating or sponsoring the Competition or awarding any prizes.

2. Additional eligibility requirements, such as age or geographical restrictions, or the requirement to hold a valid passport, visa or driver’s licence, may apply to a specific Competition. Notice of such restrictions will be displayed in the applicable Competition Rules at the time of the relevant Competition. SwanYE reserves the right to verify the eligibility of all entrants.

3. Entrants should note that Competitions may involve the use of premium rate telephone lines and should have regard to the cost of using such services. Invalid entries may still be charged.

4. Only one prize per entrant is permitted. Prizes are non-transferable. No cash alternative will be available. SwanYE reserves the right to substitute prizes of equal or greater value at any time.

5. Entrants should be aware that prizes must be claimed within 21 days of notification of winning or as otherwise stated in the Competition Rules.

6. SwanYE reserves the right to cancel any Competition at any time. In such circumstances, you are entitled to request a refund of your entry payment. You are not entitled to any other costs or expenses.

7. SwanYE reserves the right to amend or vary the Competition Rules at any time prior to the commencement of the relevant Competition. We may also amend or vary the Competition Rules during the course of the Competition in order to address any practical or technical difficulties or to comply with any legal requirements.


Your Responsibilities
8. You must enter the Competition using your legal name. By entering the Competition, you promise that all the information submitted by you is true, current and complete. You also promise that you either have legal capacity to enter and agree to the Competition Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound) or that your parent(s)/guardian have consented to your entry of the Competition under the


Competition Terms.
9. You must notify SwanYE of any medical or other condition which may mean that you are unfit for participation in any element of the Competition and/or the prize as soon as you become aware of such a condition.

10. You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which SwanYE considers to pose any medical, security or safety risk or to cause reputation damage may lead to your immediate disqualification.

Competition Entries
11. Competition entries must be made in the manner and by the closing time/date specified for each Competition. We reserve the right to limit entries to one entry per person for specific Competitions. Please note that in such cases, notification will be provided in the Competition Rules. Incomplete or indecipherable entries will be void.

12. You may only enter a Competition as an individual, any entries made by parties operating as a syndicate will be disqualified.

13. Competition lines will be opened and closed as specified for each Competition. If you call or text after the announced closing time of the Competition then your entry will not be included in the Competition but you may still be charged.

14. The cost of calling from a BT landline will be announced on air and displayed in the applicable Competition Rules. Calls may cost more from other networks. Calls from mobiles and text entries will normally be subject to an additional charge from your mobile network operator. Please check with your network operator for details of the charges involved in entering via your phone.

15. Prizes must be claimed strictly in accordance with the rules of the specific Competition and within the applicable deadline. Failure to do so may result in disqualification and selection of an alternative winner.

16. All Competition entries will become the property of SwanYE and will not be returned unless otherwise agreed in advance.


Text Entries
17. SwanYE cannot guarantee Competition entry if you fail to address your message to the correct number or you use an incorrect ‘keyword’ or message format. Invalid entries may still be charged.

18. If you are required to start your message with a specific word then this must be the first word in your message. If you fail to observe this rule, your entry will be void. You may still be charged for your text.

19. SwanYE cannot control the length of time a text message may take to arrive on our system and accordingly, for the avoidance of doubt, SwanYE will always work from the time a message is logged as arriving on our system regardless of when it may have been sent. Entries which are logged as arriving on our system after the applicable closing time/date will be void. To avoid disappointment we advise you to send any competition entries as early into the Competition period as possible. Please note that if your text arrives on our system after the closing time/date you may still be charged.

20. If you send a text message to enter the Competition with no or insufficient credit on your phone your entry will be invalid. Please note that the cost of the text may be deducted when you have sufficient credit.


On-air competitions
21. To maintain broadcasting standards and our responsibility to our listeners, SwanYE reserves the right to disqualify any entrant in a competition that involves live on-air broadcasts without refunding entry fees for any of the following reasons:
a. The entrant is inaudible or incomprehensible due to poor communications connections (including mobile or other signal strength), heavy accents or poor English.
b. The entrant is using a mobile phone whilst driving.
c. We suspect that the entrant is under the influence of alcohol or other intoxicating substances.
d. The entrant acts in an aggressive manner to production staff and/or is considered likely to use offensive language on air.


Grounds for Disqualification
22. SwanYE reserves the right to disqualify any entrants and their submissions if they fail to comply with the Competition Terms or the Website Terms of Use or Privacy Policy or if we have reasonable grounds to believe that the entrant is unfit to participate for reasons of health and safety. SwanYE’s decision will be final in all matters.

23. SwanYE reserves the right to disqualify any entrants and their submissions if in SwanYE’s reasonable opinion an entry has been made or a prize has been won illegitimately and improperly by or on behalf of the entrant.

24. In the event of disqualification from the Competition a replacement contestant will be selected on the same criteria as the original entrant and will be subject to these Competition Terms.


Winners and Prizes
25. Prize winners will be chosen at random (unless otherwise specified in the Competition Rules) from all qualifying entries within 28 days of the closing date specified for each Competition.

26. All competition winners agree to their name and home town being announced on air and published on our website (or as otherwise indicated in the relevant Competition Rules). Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to this clause, be disclosed to a third party without the individual’s prior consent.

27. We reserve the right to request proof of identity in the form of your passport and driving licence and proof of your address in the form of a utility bill.

28. A person or people at the same residential address may not win more than one prize valued at £500 or more within one year period following the win.

29. All prizes will be presented to winners via the UK mail service, unless otherwise stated. We shall not be liable for any prizes which are lost, delayed, or damaged in the post for reasons or circumstances that are beyond our control.

30. Prizes will only be delivered to an address within the United Kingdom. If the delivery address of the winner changes at any time, the winner shall immediately inform us of the new delivery address. Failure to do so may result in forfeiture of the prize.

31. SwanYE will not be responsible for replacing a prize comprising a concert or ticketed event, where such concert or event is cancelled or postponed.

32. All prizes will be personal to the winner and the winner shall not sell, give or otherwise transfer the benefit of the prize to any other person (individual or corporate).

33. All taxes, insurance, spending money and other expenses, unless otherwise stated, are the sole responsibility of the winner.


Conditions for Holiday Prizes
34. Holidays are non-transferable and subject to availability. You must hold a valid UK passport with at least 6 months’ further duration.

35. Holiday prizes are not available to persons under the age of 18 without the express prior written permission of SwanYE. 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.

36. All holidays must be taken within 6 months of the date of the Competition or will be deemed invalid.

37. You must comply with the terms and limitations of the airline and other transportation and venues involved in the Competition or prize, including any insurance policy relating to the holiday. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

38. 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.

39. You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.


Liability
40. We shall use our reasonable endeavours to ensure the smooth running of the Competitions in accordance with the Competition Terms, however you accept that we cannot be responsible for any communications not being transmitted, forwarded or received correctly or without interruption or delay due to factors which could reasonably be considered to be outside of our control and we shall not be liable to you in such circumstances, or for your failure to participate or to accept any prize.

41. We do not restrict or exclude our liability for death or personal injury arising out of negligence. In all other circumstances, and so far as is permitted by law, SwanYE excludes responsibility and all liabilities arising from any postponement, cancellation, delay or change to the Competition(s) or prize details.

42. These terms and conditions do not and shall not confer any legal rights or benefits on any third party.

43. SwanYE does not have any liability whatsoever in respect to competitions operated on behalf of third parties e.g. sponsor.


General
44. All rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in SwanYE for its own use.

45. In consideration of us agreeing to consider entrants to the Competition, you hereby transfer to SwanYE all intellectual property rights in or to the form and content of your entry and any and all other works or materials submitted by you in relation to the Competition.

46. You hereby undertake that the information which you submit in any way relating to the Competition, shall not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify SwanYE for any loss, damage or liability arising in connection therewith. SwanYE reserves the right to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

47. We exclusively have the right to transfer the Competition and the benefits and burdens thereof to any party at any time.

48. The Competition Rules and terms and conditions shall form the entire agreement, and any other implied terms will be excluded in so far as is permitted by law.

49. In the event that any provision of these Competition Terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Competition Terms which shall continue in full force and effect.

50. 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.


TERMS OF SERVICE
Version date: 16 June 2008

Description
COMPANY provides a mobile classified service and classified content (the “Service) through its online (world wide web) and sms (short message service) services.

Text Entries: How to advertise? Type your advert description into a new SMS message. If you have a camera phone you can also include a picture using MMS. Send the message to 66121 (standard network operator charge per message) and follow the instructions sent to your phone to complete your posting.  Ad placement is free.

Text Entries: How to respond? To respond to an advert, simply text the advert code to 66121 (standard network operator charge per message). The Service will immediately send you the advertiser's mobile phone number and the Service will also notify the advertiser. Ad responding is charged at 25p per received contact. Notification is free for the advertiser.

COMPANY cannot guarantee fulfillment of your classified if you fail to address your message to the correct number or you use an incorrect ‘keyword’ or message format. You will not be charged for your text.

If you are required to start your message with a specific word then this must be the first word in your message.  If you fail to observe this rule, your entry will be void. You will not be charged for your text.

Service Rules
1. Adverts must be genuine single item adverts only, and not for general products or services, including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.

2. Adverts must not be offensive, obscene or otherwise objectionable.

3. Descriptions and images must be fair and accurate representations.

4. Advertisers must deal fairly and honestly with prospective purchasers.

Privacy Policy
This policy tells you about how we use and protect your personal information.

We offer services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, we collect the following types of information:

Mobile Information - When you post a mobile classified using sms text or mms multimedia, or when you respond to a mobile advertisement, we collect your mobile number and location. In order to protect your privacy we meet following requirements:

Mobile phone number: your mobile phone number remains hidden and is only transferred to a potential responder after a text entry from a potential responder has been registered by the Service. This allows us to collect the respondents mobile number before we share your mobile number.

Online listings
Cookies - When you visit the classified listings online, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Service. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.

Log information - When you visit the classified listings online, our servers automatically record information that your browser sends whenever you visit a page. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications - When you send an sms text or mms multimedia message via our premium short code, we retain all details regarding these communications that allow us to process your mobile classified and the responses from potential buyers.

Affiliated sites - We may offer our services in connection with other web sites. Personal information that you provide to those sites may be sent to us in order to deliver the Service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

Mobile classifieds – Our mobile classifieds are presented in a format that enables us to keep track of whether these mobile advertisements have been responded to. We use this information to improve the quality of the Service and measurement.

Information Sharing - We share personal information with other companies or individuals outside of our business in the following circumstances:

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of our business, its users or the public as required or permitted by law.

We may share with third parties certain pieces of personal, aggregated and non-personal information, such as the number of users who searched for a particular mobile classified, for example, or how many users responded on a particular mobile classified.


Information Security
Data security - We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

Data integrity - We processes mobile information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating mobile classified advertisements - When you use the Service, we make good faith efforts to provide you with access to your mobile classified and either to correct this data if it is inaccurate or to tag the mobile classified as sold at your request. Individual users are identified by their mobile number in order to access, correct or remove the information provided in the mobile classified. Using a different mobile phone with a different number won’t allow you to access your mobile advertisement.

Privacy Policy Changes - Please note that this Privacy Policy may change from time to time. It is not our intention to reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, direct outbound notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

If you have additional questions, please write to us any time at: info@66121.co.uk

 
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