1.1 These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions promoted by Soundplay Music Limited (which we will refer to as "Hartbeeps", "we" or "us"). We refer to all these competitions as the "Competitions" in these General Terms.
1.2 In addition to these General Terms, Competitions will also have their own specific terms and conditions (such as the details of how to enter, the opening/closing dates and the sort of prize you may win). Any such Competition-specific terms and conditions will be made available as part of the promotion of the particular Competition in publications and/or online. In these General Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
1.3 You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence. 1.4 We may change these General Terms at any time. You should check our website regularly for any changes, which will apply from the date that they are uploaded.
1.5 By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
2.1 The "promoter" of a Competition is the entity or person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Soundplay Music Limited trading as Hartbeeps.
2.2 Soundplay Music Limited is a company registered in England and Wales with company number 08655173 and with its registered office at C/O Hillier Hopkins, Radius House, 51 Clarendon Road, Watford, WD17 1HP. You can write to us at this address if you have any concern in relation to any of our Competitions, setting out clearly (i) the name of the Competition, (ii) the name of our publication or website running the Competition and (iii) your issue.
3.1 Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by the terms and conditions of the Competition and will accept any prize on behalf of a prizewinner under the age of 18.
3.2 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes. We reserve the right to disqualify any entry which does not comply with these General Terms.
3.3 Employees (and their immediate family and household members) of Hartbeeps, or any company involved in the Competition, or any such company's subsidiary or associated companies, agents or members of their families or households, or any prize provider, or (if relevant) any advertising agency connected with a Competitor may not enter that Competition.
4.1 Emails: Where a Competition asks you to enter by email, your email must be addressed to the correct email address and must include the correct subject title, keywords or other answer format as required by the relevant Specific Terms. Entries which fail to do so will be void. Email entries are deemed to be received on arrival, not when they are sent from your email account.
4.2 SMS: Where a Competition asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the Specific Terms of the Competition. Entries which fail to do so will be void.
4.3 Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of any of our publications, websites or brands. We accept no responsibility for any late, lost or misdirected entries, including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.4 Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4.5 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
4.6 Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.7 Prize Limits. No person or persons at the same residential address may win more than one (1) prize valued at five hundred pounds (£500) or more via any of our Competitions in any six (6) month period.
5.1 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prizewinners must accept prizes in the form offered.
5.2 All prizewinners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition.
5.3 Prizes will be despatched to the winner via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed or damaged in the post for reasons beyond our control.
5.4 Prizes will only be delivered to an address within the UK. Should a prizewinner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 All prizes are subject to availability, non transferable and non exchangeable.
5.6 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.7 All stated prize values are at the supplier's recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values.
5.8 Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prizewinners agree to be bound by these. Hartbeeps shall have no liability in relation to any prize provided by a third party provider.
6.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated. We reserve the right to award prizes unclaimed after this period to alternative prizewinners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize which is returned as undelivered will be used for another Competition or sent to charity.
6.2 We reserve the right to award prizes unclaimed after this period to alternative prizewinners or not to award them at all.
7.2 Should an entrant be required to submit a third party's personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
7.3 It is a condition of your entry to our Competitions that we have the right to publicise to the public the names and Counties of entrants to our Competitions and otherwise to process your personal information for the running of the Competitions and matters incidental to the Competition.
7.4 All entrants and particularly prizewinners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions.
7.5 Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
7.6 No fees shall be payable to any entrant in relation to their entry in any Competition or any publicity relating to the Competition.
7.7 By entering the Competition entrants warrant and undertake that the information submitted is true, accurate and complete.
8.1 Should any Competition require entrants to submit any photographs or video clips, as a part of entry into or participation and used in the Competition (collectively referred to in these General Terms as "Photograph"):
(a) entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photograph in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(c) entrants acknowledge that we may edit the Photograph in our sole discretion;
(d) entrants agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the Photograph;
(e) entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photograph.
9.1 Where any prize is awarded via a prize draw, prizewinners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date (unless otherwise specified in the Specific Terms).
9.2 If we become aware that the same person has been selected as a prizewinner more than once, we will draw another name.
10.1 By entering our Competitions all entrants:
(a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Hartbeeps, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
(d) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
10.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
11.1 If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
We may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. We will not award the prize if the Competition is terminated.
13.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
13.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
13.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prizewinner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
15.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
15.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing in these General Terms shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 15.2 shall also apply in respect of any prize provided by a third party provider and to any social networking site (where the Competition is hosted by a social networking site).
15.3 Where a competition is hosted by a social networking site, the Competition is in no way sponsored, endorsed, administered by or associated with that social networking site.
15.4 By entering the Competition, the entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein.
15.3 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
16.1 These General Terms (and any Specific Terms) shall be governed by and construed in accordance with the law of England and Wales.