Website Terms & Conditions
If you don't agree to these Terms, please do not use the Sites or register as a user.
1. Introduction and About Us
The Sites are owned and operated by SwissVille Broadcasting Sàrl, a company registered in Geneva, Switzerland with its registered office at Rue Rothschild 50, Geneva, CH-1202, Switzerland. ("SwissVille Broadcasting").
2. Access to the Sites
Access to the Sites is permitted on a temporary basis and SwissVille Broadcasting reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them). Please also see Section 5 below.
SwissVille Broadcasting shall not be liable if for any reason the Sites are unavailable at any time or for any period.
You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the "Site Services") for lawful purposes. You must not use our Sites or the Site Services:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("Spam").
You are responsible for making any arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.
3. Use of Content and linking to the Sites
All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the "Content") belongs to SwissVille Broadcasting, or its licensors, and unless otherwise specified users should assume that all Content is owned by SwissVille Broadcasting. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of SwissVille Broadcasting's copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to SwissVille Broadcasting or its licensors.
In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from SwissVille Broadcasting:-
(i) redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from the Content; or
(iii) create a database in electronic or structured manual form by downloading and storing all or any of the Content.
You may not create any link from or to our Sites without SwissVille Broadcasting's prior written consent. Please contact us if you wish to request permission to link to our Sites.
As a user, you will be able to access material on most areas of the Sites without going through the registration process. However, we may restrict access to certain areas of the Sites (e.g. the Registration function - see Section 5 below) and you may need to register with us to access such areas.
On registration, you must provide SwissVille Broadcasting with accurate, complete registration information and it is your responsibility to inform SwissVille Broadcasting of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Sites with which you are registered. SwissVille Broadcasting may contact you from time to time via the email address provided. Each registration is for a single user only. On registration, you should choose a password. You should treat your password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services.
SwissVille Broadcasting does not permit any of the following:-
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable to SwissVille Broadcasting for, all use of the Sites made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your ID or any payment information), you must notify SwissVille Broadcasting immediately at our contact us page. SwissVille Broadcasting will not be liable to you or any third party for unauthorised use of your ID.
5. User Generated Content
The Sites may include chat rooms, bulletin boards, discussion groups and other public areas (including public areas operated by third parties on behalf of SwissVille Broadcasting, including without limitation Facebook, Twitter, Linked In, Youtube and Flickr) that allow you to interact with other users and SwissVille Broadcasting staff ("Forums") and to post/transmit/upload ("Post") content to the Sites ("User Generated Content") including without limitation your review of any gig you attend, page comments, album reviews, personal blogs and your personal gallery.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian for you to use such Forums;
(ii) that you are resident in Great Britain and that you are accessing the Sites in Great Britain;
(iii) that you will comply with any additional rules posted by SwissVille Broadcasting on a Forum;
(iv) you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in these Terms;
(v) that SwissVille Broadcasting is free and able to use User Generated Content in accordance with and in the manner set out in these Terms without any payment (including any royalty payments to third parties) and that in particular SwissVille Broadcasting may lawfully permit other users to view the User Generated Content;
(vi) have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content; and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
(viii) is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, obscene or pornographic and does not promote violence;
(xii) such User Generated Content does not solicit personal information for any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site(s) or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person; and
(xix) does not give the impression that it emanates from a third party (including SwissVille Broadcasting) if that is not the case.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the Forum or the Forum's topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive licence to SwissVille Broadcasting to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as SwissVille Broadcasting may in its reasonable discretion determine. Please note that you can terminate the licence granted under this paragraph by removing the User Generated Content from the Site and emailing us at our contact us page with full details of all User Generated Content that you wish to be removed. SwissVille Broadcasting will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless SwissVille Broadcasting from all claims, costs, liabilities and expenses (including legal expenses) suffered by SwissVille Broadcasting arising out of any User Generated Content Posted by you that is in breach of these Terms.
You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have Posted to our Site violates their intellectual property rights or any other right.
6. Reporting offensive/illegal content
Whilst SwissVille Broadcasting does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Sites. If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on our Site(s);
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.
7. Suspension and termination of registration/access to Forums
SwissVille Broadcasting will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s). When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
SwissVille Broadcasting may contact you from time to time regarding any news or updates that may be relevant to our website users. Your use of any information received through the e-mail news service will be subject to these terms.
9. Viruses, hacking and other offences
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which any of our Sites are stored or any server, computer or database connected to or on our Sites. You must not attack our Site(s) via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material Posted on it, or on any website linked to them.
We advise all parents to speak to their children regarding safety online.
11. Third Party Sites - software and java security
The Sites contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, SwissVille Broadcasting will make clear such links are being made, although Third Party Sites may be co-branded with SwissVille Broadcasting and so include SwissVille Broadcasting's trademarks. SwissVille Broadcasting is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site not operated by SwissVille Broadcasting to download software from the Sites or any other material, files, images or data, you acknowledge and agree that SwissVille Broadcasting has no responsibility or liability in connection therewith, and does not transfer title to you.
12. Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst SwissVille Broadcasting aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and SwissVille Broadcasting assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by SwissVille Broadcasting and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. SwissVille Broadcasting therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.
Because of the number of sources from which SwissVille Broadcasting obtains Content and User Generated Content and the nature of electronic distribution via the internet, SwissVille Broadcasting does not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an "as is" basis. To the extent allowed by applicable law, SwissVille Broadcasting hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, SwissVille Broadcasting makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that SwissVille Broadcasting will not be liable to you and/or any third party for
(i) any consequential or incidental damages;
(ii) loss of business;
(iii) loss of income or revenue;
(iv) lost profits or contracts;
(v) loss of data;
(vi) loss of privacy;
(vii) loss of goodwill;
(viii) failure to meet any duty including but not limited to any duty of good faith;
or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by SwissVille Broadcasting, even if SwissVille Broadcasting has been advised of the possibility of such damages.
Notwithstanding the provisions of this section, SwissVille Broadcasting's liabilities will not be limited in the case of death or personal injury directly caused by SwissVille Broadcasting's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
14. Changes to these Terms
SwissVille Broadcasting reserves the right, at its discretion, to make changes to any part of the Sites or these Terms without prior notice. When these Terms are changed, SwissVille Broadcasting will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Sites, you are agreeing now to be bound by those changes and revised terms.
15. Advertising and sponsorship
Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. SwissVille Broadcasting will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, Swiss Law. You irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Swiss courts.
17. Third Party Copyright
Some of the content used on our website(s) (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were "SwissVille Broadcasting" herein and shall be bound accordingly.
You may not assign, sub-license or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
19. Use of images / video
SwissVille Broadcasting may from time to time use video and/or still images featuring members of the public on the Sites. Such video and/or images may be produced and owned by SwissVille Broadcasting or it's partner companies. If any member of the public makes a reasonable request to remove such content on the grounds of privacy, SwissVille Broadcasting shall honour that request. To make a request, please contact us by email.
WRS, an operating mark of SwissVille Broadcasting Sàrl, is committed to protecting and respecting your privacy.
2. The information we collect and how we use it
2.1 We may collect and process the following data about you:
i. information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website (if required), subscribing to any service offered by us or posting material on this Website. We may also ask you for information when you enter a competition or promotion sponsored by WRS and when you report a problem with our Website;
ii. if you contact us, we may keep a record of that correspondence;
iii. we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; and
iv. details of your visits to our Website including, but not limited to, traffic data, location data, blogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
2.2 We use information held about you in the following ways:
i. to ensure that content from our Website is presented in the most effective manner for you and for your computer;
ii. to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
iii. to carry out our obligations arising from any contracts entered into between you and us;
iv. to allow you to participate in interactive features of our Website, when you choose to do so; and
v. to notify you about changes to our Website or our Website Terms and Conditions of Use.
2.3 Where you have opted to allow us, we may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
3. How do we protect your Information?
3.1 We are serious about guarding the security of your personal details. We have strict security procedures covering the storage and disclosure of your information in order to prevent its unauthorised use. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
3.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. IP Addresses and Cookies
4.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
4.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:
i. to estimate our audience size and usage pattern;
ii. to store information about your preferences, and so allow us to customise our Website according to your individual interests;
iii. to speed up your searches; and
iv. to recognise you when you return to our Website.
5. Access to information
5.1 You have the right to access any personal information that you have submitted to us. We reserve the right to charge a small fee for each request made by you for us to provide you the details of the personal information we hold about you.
5.2 You can withdraw your consent for us to hold your details by writing to or emailing us, including your name and full address, requesting a full removal of your details from our database.
6. Third Parties
6.1 Information collected by cookies is used to provide summative statistics about our customers, and other Website information to third parties. Cookies do not include any personally identifiable information.
We have a responsibility to keep your information confidential and we take all reasonable care to prevent any unauthorised access to your personal data. We do not disclose information that you may give, such as name, address, telephone number or e-mail address to any outside companies.
However, we reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
8. Contacting Us
If you have any questions or concerns about our use of your personal information please Contact Us.
Competition Terms & Conditions
0. Introduction & Definitions
0.1 These Competition terms and conditions shall be binding on you ("you") when you participate in any promotion, prize draw or competition ("Competition(s)") operated by WRS or any company, radio station or website owned or controlled (either directly or indirectly) by WRS.
0.2 Any specific entry instructions, rules and any other details relating to the particular Competition or the Competition prizes or gifts ("Prizes ") published on this website or in any media which features the Competition (for example promotional on-air messages or printed materials) together with these Competition terms and conditions form the Competition terms ("Terms"). Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms.
0.3 You agree to co-operate with and comply with all reasonable requests of WRS and its agents and employees in connection with any Competition and its broadcast.
0.4 It is agreed and accepted by you (except in respect of personal injury or death directly attributed to WRS's negligence) that WRS shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our Sites. The relevant third party will be responsible for the fulfilment of the Competition. WRS accepts no responsibility for the acts or omissions of such third parties.
0.5 When entering, or applying for a place within, a Competition, you have made certain representations and warranties to WRS. WRS has relied on the truth and accuracy of these representations and warranties in granting a place to you. If WRS or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which may (in WRS's opinion, which shall be final) have an adverse effect on the Competition, WRS reserves the right in its absolute discretion and without notice to you or without giving reasons to:
(i) forfeit your place on the Competition;
(ii) withdraw the Prize(s).
0.6 No purchase of any kind is required for free prize draws. Please follow the directions either on the Site for the particular Competition or as publicised on-air.
1.0 Any Competition during a WRS radio station's breakfast show (i.e. between the hours of 0600-1000) shall, unless otherwise stated, be available for entry by listeners of that radio station only. At other times, listeners from other WRS stations may be invited to take part in the same competition. You shall be aware and agree that Competitions which are available for entry to more than one WRS station may receive more entrants and understand that this may reduce the probability of your entry winning any relevant Prize(s).
1.1 You will comply with the instructions and directions of WRS or WRS's representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at WRS's absolute direction.
1.2 You agree you will not by any act or omission do anything, which might bring WRS or its radio stations into disrepute. 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 adversely affect the reputation of the Competition or WRS.
1.3 WRS cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize.
1.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
1.5 WRS does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt.
1.6 No entries will be accepted from agents, in bulk or from third parties.
1.7 The decision of WRS's judges is final and conclusive in all circumstances and no correspondence will be entered into.
1.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
1.9 WRS reserves the right, in its reasonable discretion, to add to, amend, or waive any Terms on reasonable notice, including but not limited to extending or reducing the duration of a Competition, and giving clues.
1.10 Source material utilised by WRS's question compilers shall be taken as correct.
1.12 You undertake the Competition and the taking of any Prize at your own risk.
1.13 You agree to indemnify WRS 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) suffered by WRS arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow WRS's reasonable instructions with regard to your entry into the Competition or taking of the Prize.
1.14 There is no fee payable to you in respect of your involvement in the Competition.
1.15 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 WRS may be accessed by third parties. WRS accepts no liability for loss resulting from your entry to an online Competition.
1.16 Choice of law & jurisdiction:
These Terms shall be governed by, and construed in accordance with, Swiss Law. Any dispute, controversy or claim arising will, in the first instance, be settled by arbitration. The seat of the mediation shall be in Nyon, Switzerland. The mediation proceedings shall be conducted in English. If any disagreement cannot be settled by mediation, you irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction
to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and
for those purposes irrevocably submit all disputes to the jurisdiction of the Swiss courts.
1.17 No variation of these Terms is effective unless approved by an authorised representative of WRS in writing.
1.18 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by WRS) 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. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.
1.19 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.
1.20 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. 1.21 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.
2. Eligibility to enter competitions
2.1 To enter a WRS Competition, you must must have a valid residential address in Switzerland or France. Employees of WRS, their families or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. WRS reserves the right to verify the eligibility of all entrants.
2.2 Unless otherwise stated, only one entry per person is allowed and multiple entries will be void. Multiple entrants will be disqualified from the Competition.
2.3 Proof of eligibility to enter a Competition must be provided to WRS where requested.
2.4 You must enter any Competition using your legal name. WRS reserves the right to disqualify anyone entering a competition using a false name.
2.5 By entering a Competition, you warrant that all information submitted by you is true, current and complete.
2.6 Where it is expressly stated that a Competition is open to over 18's only, you represent and warrant that you are at least 18 years of age on the closing date for entries to a Competition and, if requested by WRS, shall provide evidence of your age to WRS's satisfaction.
2.7 You may only enter a Competition as an individual. Any entries that, in WRS's absolute discretion, have been made through a syndicate will be disqualified.
2.8 WRS reserves the right to disqualify multiple entries from the same IP address or telephone number, unless the specific terms and conditions for the Competition state that multiple entries are permitted.
2.9 A person may not win more than one prize valued at 1,000 CHF or greater (subject to each individual station's discretion) within six months of the date of the first win, nor shall any member of such person's family residing at the same address (including, but not limited to, aunts, uncles, cousins, grandparents etc.). WRS reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
3. Health and Safety
3.1 By entering a Competition, you confirm that, to the best of your knowledge and belief, your general state of health is good and you have no medical condition that could be adversely affected by any of the events or activities planned or reasonably expected to be involved in the Competition. You confirm that you are not taking any medication at present and will not take any medication during the Competition which may be affected by your participation in the Competition.
3.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which WRS considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification.
3.3 You must take all reasonable steps to ensure the health and safety and the general appropriateness of activities undertaken during the Competition and accept that all activities are undertaken at your own risk.
3.4 You must notify WRS 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. WRS 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.
3.5 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any banned substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of WRS, who will have full authority to direct that you shall not consume any more alcohol.
3.6 You will comply with all directions of WRS or WRS's representatives in respect of health and safety. Failure to do so could lead to immediate disqualification, or immediate withdrawing of the Prize at WRS's absolute direction.
4. Competition entries via text message and telephone
4.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service ("SMS"), known commonly as a text message. Users should check with their service provider for details of compatibility. WRS will not be liable in the event of telephone or text message entries not received as a result of network incompatibility, technical faults, or otherwise.
4.2 Entries by text message must be sent to the applicable number as advertised on-air. Please be aware that numbers may change from Competition to Competition. Entrants should only submit one text message entry for each competition (unless otherwise stated for the specific Competition) and WRS reserves the right to discount multiple entries.
4.3 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers very carefully as WRS cannot guarantee Competition entry for mis-spelt or incorrect text entries.
4.4 A text message to the Competition number will text messages to WRS cost the appropriate network charge. A telephone call to the Competition line will normally cost local-call rate from a standard landline. The cost of this telephone call from mobiles or other network provides may vary. You should check with your network provider for more details. For the avoidance of doubt, the cost of text messages from different mobile phone service providers may vary. No purchase of any kind is necessary for participating in free prize draws and in all Competitions which are free prize draws where an offer is made for participation involving a premium rate telephone call or reverse billed SMS message, alternative non-billed entry will be made available. You should refer to this Site or on-air messages for the relevant Competition for details of the alternative route to entry.
4.5 WRS reserves the right to disclose your personal data to any third party supplier at the reasonable request of any third party supplier.
4.6 Text messaging charges incurred as a result of entry to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill. WRS cannot be held liable for text message or telephone call charges incurred when entering any WRS Competition.
4.7 In the event that an entrant does not answer their telephone when contacted by a representative of WRS in order to participate in a Competition, WRS reserves the right to select another entrant to participate in the Competition.
4.8 In the event that a telephone call to a Competition entrant is disconnected for any reason before or during the competition, WRS reserves the right to select another entrant to participate in the Competition.
4.9 Any person using a telephone which is not his or her own should ask for the bill payer's permission before sending a text message or telephoning the competition line.
5. Claims to prizes
5.1 WRS reserves the right to request proof of identity, age and address in the form of your passport or driving licence, and proof of your address in the form of a recent utility bill. WRS may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with you and may be recorded. WRS may also ask you to provide a studio recording to compare to your on-air win to provide proof of vocal identity. If you refuse to provide any of these details or participate in or answer all questions raised in such an interview without good reason then your place in the Competition will be treated as invalid and the Prize may be withdrawn.
5.2 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 WRS reserves the absolute right to treat that entry as invalid. If the fraud, deceit, misconduct or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to WRS forthwith upon notification by WRS.
5.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid.
5.4 Winners of Prizes will be notified within 28 days of the relevant end date of the Competition. Prizes must be claimed within 28 days of notification.
6.1 All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives.
6.2 WRS does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3 In the event of unforeseen circumstances or circumstances outside WRS's control, WRS reserves the right to offer an alternative prize of equal value. No cash will be offered.
6.4 Prizes may be supplied directly by a third party sponsor or partner. WRS does not accept liability for the third party's failure to deliver any Prize.
6.5 In the event of there being more claims than Prizes available, the name of the valid claimants will go into a draw for the Prizes.
6.6 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6.7 Winners of Prizes should allow twenty eight (28) working days after the Competition closing date for delivery of their claimed Prize (if applicable). WRS shall not be obliged to investigate missing prize claims until after this reasonable delivery time has elapsed.
6.8 Missing Prize claims should be made in writing to the Programme Director twenty eight (28) days after the Competition closing date.
7. Holiday Prizes
7.1 Prizes must be taken in accordance with the dates, destinations and number of passengers specified by WRS. 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 passport with at least 6 months' further duration and no visa restrictions on your ability to travel to the relevant destination (or Competition entry will be deemed invalid).
7.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. 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 All holidays must be taken within 6 months of the date of the Competition (unless agreed with WRS or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
7.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the Prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance and must provide full details of this upon WRS's request.
7.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. There may be additional terms and conditions imposed by the Prize provider which must be complied with and WRS will not be responsible for your failure to comply with such terms and conditions. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.7 You are not entitled nor authorised in any way to commit WRS to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
7.8 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.
7.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by WRS 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 you may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from a specified airport, meals and drinks).
7.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements 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 and comply with the event promoter's terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
9.1 For Competitions involving online voting, entrants must register a valid email address to be entitled to vote. Only one vote for each valid email address will be accepted. WRS reserves the right to disqualify multiple votes.
10. Disqualification of Entries and Cancellation of the Competition
10.1 You acknowledge that the interests and good reputation of WRS and its radio stations are paramount and WRS may, at its reasonable 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 WRS to do so.
10.2 WRS 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 your obligations, or representations and warranties, under the Terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of WRS). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
10.3 In the event of disqualification, WRS reserves the right to select another entrant to take part in the Competition.
10.4 WRS shall be entitled, in its discretion, to cancel (and/or recommence) a Competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof. In this event (and assuming a valid claim has already been made), WRS will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable 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 WRS in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
10.5 WRS 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.
10.6 A Competition or specific promotional devices may be declared as void by WRS if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by WRS.
10.7 The Competition may also be declared void should a printing or production error in connection with the Competition appear on this Site or occur in an on-air message.
10.8 WRS reserves the right in its reasonable discretion to
(i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition;
(ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition on this Site or on-air) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.
11.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to WRS, its business, personnel, servants, agents or officers to anyone.
11.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of WRS.
12.1 Winners must as a condition of the Prize participate in all publicity required by WRS and/or third parties connected with the Competition.
12.2 You acknowledge and agree that WRS may publish winners' names on any and all media and make these available on request to third parties. Winners' names are available on request by sending an SAE to the address published on this Site and/or stated on air up to 1 month after the closing date for the relevant Competition.
12.3 You shall not without the specific prior written consent of WRS 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 your involvement therein shall rest exclusively with WRS.
12.4 You agree to undertake (as requested by WRS) all interviews, Competitions and other activities and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media throughout the world at the discretion of WRS in perpetuity.
12.5 Without limitation to any other rights under this Agreement, WRS shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
13. Exclusion of liability
13.1 WRS is not liable in any way for any costs, expenses, damages, liability or injury suffered by you 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
(i) negligence by WRS;
(ii) death or personal injury arising out of WRS's negligence or the negligence of its employees;
(iii) fraud or fraudulent misrepresentation; or
(iv) any liability that cannot be excluded or limited by law.
13.2 WRS 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.
13.3 WRS 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 reasonable control and whilst WRS may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.