COMPETITION TERMS & CONDITIONS

2. Eligibility

You are not eligible to participate in the competition if –

• You are a director, member, partner, employee, agent or consultant of Heart FM, its affiliates or any other person who supplies goods or services in connection with the competition;
• You are a spouse, life partner, parent, child or sibling (whether natural or adopted), business partner or associate of the persons specified in 2(a) above;
• A member of your household won a prize in a competition conducted by Heart FM in the past three (3) months;
• Unless otherwise stipulated, you are below the age of 18 (eighteen) years at the time of entering the competition.

4. Accurate Information

It is your responsibility to ensure that all the information which you provide to Heart FM is complete, accurate and up to date. No entry is valid until the validation process determined by Heart FM has taken place.

5. Late Entries

Any entries received after the closure of the competition will not be eligible to participate in the competition, regardless of the reason for the late entry. Heart FM is not liable for any technical failure that may result in an entry not being successfully submitted.

6. Outcome & Final Decision

The outcome of the competition is subject to the competition’s specific terms and conditions as well as Heart FM general competition rules. The decision of the auditor, judge, presenter or organizer of the competition is final, and no negotiations and/or correspondence will be entered into after the fact.

7. Indemnity

Participants in the competition enter and/or accept prizes (if they are the winner) at their own risk. By entering the competition and/or accepting any prize, the participants and winners hereby indemnify, release and hold harmless Heart FM and its affiliates from and against any actions, claims and/or liability for injury, loss or damage of any kind resulting in whole or in part, directly or indirectly, from participation in the competition, and/or the use, acceptance or possession of a prize by the winner and/or any person with whom the winner shares that prize, and/or participation (or non-participation) in a prize-related activity.

8. Definition of Affiliate

For purposes hereof, “affiliate” means our partners, co-promoters and sponsors of this competition, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.

9. Defective Prizes

Any prize is accepted by a winner at his/her own risk and Heart FM and its affiliates are not liable, at any time, for any defect in the prizes. However, should any prize be defective, Heart FM will provide the contact details of the supplier of prizes to the winner.

10. Claiming Prizes

All prizes must be claimed within two (2) months of the announcement of winners on air or on Heart FM’s website. Prizes not claimed within this period will be forfeited.

11. Prize Collection

Depending on the nature of the competition and the prize, Heart FM will endeavour to have the prize ready for the winner’s collection within four (4) weeks of the winner announcement.

12. Non-Transferable

The prizes are not transferable and may not be exchanged or redeemed for cash or any other item.

13. Required Documents

If you win a prize and the possession and/or use of that prize is subject to regulations or authorisation, you must possess whatever documents and permission/authorisation that are required in order to accept and use a prize and such documents, permission or authorisation must remain valid for the duration of the use of the prize. It is your responsibility to obtain those documents, permission or authorisation, which will be at your own cost.

14. Unlawful Prizes

You may not win a prize if it is unlawful or against the promotional competition terms and conditions for us to supply that prize to you. If you do win such a prize, you will forfeit it.

15. DJ-Run Competitions

Where a DJ conducts a competition that is not a Heart FM competition and the prize will be paid for by the DJ himself, Heart FM accepts no responsibility for the fulfilment of the competition and the reward attached to the competition.

16. Winner Publicity Consent

If you win a prize, you consent to:

• The publishing or distribution of your name and certain details by Heart FM;
• Within reason and with prior notice and acceptance, the use of your image in marketing material;
• Subject to your prior acceptance, participation in Heart FM’s marketing activities; without remuneration due to you from Heart FM.

Heart FM will not be held liable for any injury, loss or damage of any kind resulting in whole or in part, directly or indirectly, from the publication of your name, details and/or image and your participation in Heart FM’s marketing activities.

17. Personal Information

Subject to clause 18 of these terms and conditions, Heart FM will not disclose any of the participant’s personal information to third parties without that participant’s permission.

18. Communications Consent

By participating in this competition, you authorize Heart FM to use your personal information to communicate with you from time to time. You may indicate if you do not wish to receive such communications from Heart FM.

19. Non-Compliance

If you or any person with whom you share the prize (if you are the winner) fail to comply with any of these terms and conditions, then without prejudice to any other remedy which Heart FM may have –

• you will be automatically disqualified from the competition;
• if you have won a prize, you will forfeit that prize;
• you will pay Heart FM for any loss or damage incurred by them, directly or indirectly, as a result of the non-compliance, including all legal costs which they may incur in taking any steps pursuant to the non-compliance.

1. Promoter

The promoter of the competition is Heart FM.

3. Entry Limits

Heart FM may limit the number of times that you may enter the competition.