Terms and Conditions
Terms of use
Access to and use of this site ('The Site') is provided by Mix 96 and subject to the following terms: By using The Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of The Site. If you do not agree to be legally bound by all the following terms please do not access and/or use The Site. Mix 96 may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Mix 96. Your continued use of The Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of The Site
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use The Site content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any The Site content except for your own personal, non-commercial use. Any other use of The Site content requires the prior written permission of Mix 96. You agree to use The Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of The Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within The Site.
Disclaimers and Limitation of Liability
The Site content, including the information, names, images, pictures, logos and icons regarding or relating to Mix 96, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Mix 96will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of The Site. Mix 96does not warrant that functions contained in The Site content will be uninterrupted or error free, that defects will be corrected, or that The Site or the server that makes it available are free of viruses or bugs.
Intellectual Property
The names, images and logos identifying the Mix 96or third parties and their products and services are subject to copyright, design rights and trade marks of Mix 96and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Mix 96, or any other third party.
Contributions to The Site
Where you are invited to submit any contribution to The Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Mix 96 a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to Mix 96 the rights set out above, please do not submit your contribution to The Site. Further to the above paragraph, by submitting your contribution to The Site, you: warrant that your contribution; is your own original work and that you have the right to make it available to Mix 96for all the purposes specified above; is not defamatory; and does not infringe any law; and indemnify Mix 96 against all legal fees, damages and other expenses that may be incurred by Mix 96 as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on The Site and the purposes specified above.
General
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Competition Terms and Conditions
1. Introduction
1.1 These Terms and Conditions (General Contest Rules) shall be binding on you (and your guests where applicable) when entering any competitions operated by Mix 96, its sponsor or any company or website owned or controlled by Mix 96.
1.2 These General Contest Rules apply to all Mix 96 contestants. Mix 96 may amend them from time to time. Special Terms and Conditions may apply to particular contests, in which case an addendum to these General Contest Rules will be made.
1.3 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.
1.5 You must pass a copy of these Terms to your guests (if applicable) and ensure they comply with them.
2. Eligibility
2.1 All entrants must reside in Mix 96's target survey audience (TSA) area. Employees of Mix 96, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competition.
2.2 Unless otherwise specified, no person may enter a competition more than once.
2.3 You may not enter a competition if, on the date it is announced, you have won a prize
valued at £30 or more in the previous 30 days; or
valued at £500 or more in the previous 90 days; or
valued at £5,000 or more in the previous 12 months
2.4 Unless otherwise stated you must be at least 18 years old, and if requested to do so, provide proof of your age.
2.5 You must provide personal details as reasonably requested to do so by Mix 96. Refusal to comply will result in disqualification from the contest.
2.6 All online competition entries must be made through Mix 96's website. Any automatically generated entries (including those made by competition entry services) will be discounted.
3. Prizes
3.1 All prizes must be collected within three months from the date of winning. After that time, unclaimed prizes will be deemed null and void. Mix 96 will not notify winners of the time remaining. It is the sole responsibility of winners to collect their prize.
3.2 Prizes must be collected in person unless otherwise advised by a member of staff at Mix 96 its associated or Group companies. Identification that includes a photograph (driver's licence, passport, student card) will be required. Where prizes are posted out, Mix 96 accepts no liability for the safe and effective postal delivery of a prize.
3.3 In certain situations, and subject to the absolute discretion of Mix 96, a winner may nominate a designated representative to collect the prize. The representative will be asked to provide written authorisation from the winner and identification for both the winner and the representative.
3.4 Winners under the age of 18 must be accompanied by a parent or guardian when collecting their prize. Both the winner and their parent/guardian must provide photographic identification.
3.5 Where a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with at the absolute discretion of Mix 96.
3.6 All prizes are accepted entirely at the risk of the winner and Mix 96 excludes all warranties in connection with any prize. Mix 96 is not liable for any costs relating to the collection of prizes or and add-on required i.e. travel, accommodation, etc.
3.7 Prizes are not transferable, must (where applicable) be used on the dates specified and may not be redeemed for cash.
3.8 If a specified prize becomes unavailable, Mix 96 may substitute a replacement prize at its absolute discretion. In such an instance, Mix 96 will endeavor to ensure the substitute prize is of equal or greater value to the original prize.
3.9 Mix 96, its agencies, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or claims, liability, loss or damage arising out of or in connection with any contest promoted by Mix 96.
3.9.i No responsibility is accepted for inaccurate prize details supplied by sponsors.
3.9.ii Winners will be formally notified (by email or post) within 21 days of the closing date. Full details of the prize will be given in writing upon notification. Where we notify a winner by email, we will ask for confirmation of receipt by reply email.
4.1- Holiday prizes:
4.1.i Prizes must be taken in accordance with the dates, destinations and number of passengers specified by Mix 96. There will be no cash alternative and no alternative destination.
4.1.ii Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least six months' further duration, or your competition entry will be invalid.
4.1.iii Unless otherwise specified, the class of travel for any travel prize incorporating a rail or airfare is economy class.
4.1.iv Holidays are not available to persons under the age of 18 without the express prior written permission of Mix 96. Children between the ages of 12 and 16 are considered to be adults for the purposes of airfares. 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.
4.1.v In the event of unforeseen circumstances or circumstances outside of Mix 96’s reasonable control, Mix 96 reserves the right to offer an alternative prize of equal or greater value. No cash will be offered.
4.1.vi Unless otherwise specified all holidays must be taken within 6 months of the date of the contest or will be deemed invalid.
4.1.vii You must comply with the terms and limitations of any insurance policy relating to the holiday.
4.1.viii You must comply with the terms and conditions of the airline and other transportation and venues and agents involved in the Contest or the Prize. In particular you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
4.1.ix You are not entitled nor authorised in any way to commit Mix 96 to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
4.1.x 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.
4.1.xi Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Mix 96 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 a London airport, meals and drinks).
4.1.xii You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
4.2 Winners are responsible for any and all taxes payable as the result of a prize being awarded or received.
4.3 If in the course of a contest:
- a telephone line breaks up or drops out; or
- there is a dispute arising out of the use of telephone lines in a contest (including
situations where multiple telephone lines are used); or
- two telephone lines are crossed during a phone-in contest;
Mix 96 in its absolute discretion
- may disqualify the relevant caller or callers;
- will not be responsible for awarding a prize to the relevant caller or callers; and
- may award the prize to another person according to its absolute discretion.
4.4 All winners of all prizes must agree to these general Terms and Conditions and any Mix 96 special Terms and Conditions by entry as prescribed by Mix 96 in order to claim their prize. This is at the discretion of Mix 96 where prizes are posted to winners.
5. The Contest
5.1 Mix 96 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 email has been sent be accepted as proof it has been received).
5.2 Source material utilised by Mix 96’s question compilers shall be taken as correct.
5.3 Fraudulent, illegible or incorrect entries will not be accepted (at the absolute discretion of Mix 96). Use of false name or address, ie name by which the entrant is not usually known, will disqualify them from receiving any prize. We reserve the right to oblige any potential winner to provide documentary proof of their identity and address before such person may claim their prize.
5.3.i If the rules to competitions have been broken or contestants' entries have been made on behalf of a third party, the prize may be withdrawn.
5.4 The decision of Mix 96’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
5.4.i The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day.
5.5 Mix 96 may terminate any contest at any time at its absolute discretion. In the event of such termination, Mix 96 may, at its absolute discretion, elect not to award any prize in respect of the terminated contest.
5.5.i We will not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in a competition.
5.6 All entries become the property of Mix 96 and will not be returned to you unless otherwise stated.
6. Confidentiality
6.1 You undertake not to disclose, reveal, communicate or otherwise make public to anyone at any time any information relating to Mix 96, its business, personnel, servants, agents or officers.
6.2 You may not publicise your involvement in the competition, or the fact that you have won a prize, without the prior written permission of Mix 96.
7. Publicity
7.1 Competitors may be required by Mix 96 to participate in a photo, video and/or film session, and acknowledge that Mix 96 has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit, unless that person informs Mix 96 at the time of entering the competition that he or she wishes to retain his or her anonymity.
7.2 Contest entries and material submitted in connection with any contest (whether in written, audio, electronic or visual form, or any combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors become the property of Mix 96, which may use the material in any medium and in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Mix 96.
7.3 Mix 96 may publicise, broadcast or otherwise disclose a competitor's name, character, likeness, statements or any recording of his or her voice in advertising or promotional activities concerning a specific contest, or contests generally. Mix 96 may promote or advertise that a winner has won a contest.
7.4 Mix 96 may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition a contestant will automatically give permission for use of personal data and this information will be retained in accordance with the Data Protection Act.
8. Mix 96 - Exclusion of Liability
8.1 Mix 96 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 Mix 96 or death or personal injury arising out of such negligence.
8.2 Mix 96 shall have no liability in respect of competitions operated on behalf of third parties (for example, sponsors) except in respect of death or personal injury directly attributable to Mix 96’s negligence.
8.3 Mix 96 accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for any special, direct, indirect or consequential loss of any nature howsoever arising.
8.4 Mix 96 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.
9. Jurisdiction
9.1 These rules shall be governed and construed in accordance with English Law.
9.2 Where Mix 96 has special contest Terms and Conditions in relation to a particular contest, then they (the special terms and conditions) will prevail in the event of inconsistency between those special contest Terms and Conditions and these General Contest Rules.
9.3 Persons under the age of 18 are ineligible to enter any contest where the prize consists of a vehicle or alcohol, or where the Special Contest Terms and Conditions otherwise provide.
9.4 A failure by Mix 96 to enforce any of these contest rules in any instance(s) will not give rise to any claim by any individual.
9.5 Special restrictions or qualifications may apply to particular contests, in which case an addendum to these General Contest Terms and Conditions will be made.
9.6 Mix 96 may change these General Contest Terms and Conditions at any time.
