Terms & Conditions

We know it might be boring, but these are really important! Please make sure you’re happy with our terms and conditions before you enter any of our competitions, whether online or on-air.

  1. Introduction

1.1 These Competition Rules shall be binding on you (“you”) when you enter any promotion, prize draw or competition (“Competition(s)”) operated by Garden of Sound (“Garden of Sound”) (including but not limited to those Competitions operated by Garden of Sound on behalf of its sponsors) or any company, radio station or website owned or controlled (directly or indirectly) by Garden of Sound from time to time.
1.2 All entry instructions and any other specific 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 (ie on-air messages) together with these Competition Rules form the Competition Terms and Conditions (“Terms”). Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms. Where there is a conflict between the Competition Rules and any specific details published on this website or in any media featuring the Competition these Competition Rules shall prevail.
1.3 You must pass a copy of the Terms to your guests (if applicable) and you are responsible for ensuring that any guests are aware of and comply with these Terms.
1.4 It is agreed and accepted by you (except in respect of death or personal injury directly attributable to Garden of Sound’s negligence) that Garden of Sound 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. Garden of Sound accepts no responsibility for the acts or omissions of such third parties.
1.5 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 in on-air messages. Alternatively, please contact us for details of relevant no purchase routes.
1.6 You have made certain representations and warranties to Garden of Sound (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Garden of Sound has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Garden of Sound or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in Garden of Sound’s opinion, which shall be final) have an adverse effect on the Competition, Garden of Sound (or any of its radio stations), reserves the right in its absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition;or (ii) withdraw the Prize(s).
1.7 You agree to co-operate with and comply with all reasonable requests of Garden of Sound and its agents and employees (and in particular the health and safety team) in connection with any Competition and its broadcast.

  1. Eligibility to enter competitions

2.1 You must be a resident of New Zealand to enter a Competition. Employees of Garden of Sound, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. Garden of Sound reserves the right to verify the eligibility of all entrants.
2.2 Unless otherwise stated, only one entry per person will be permitted and multiple entries will be void and the entrant(s) disqualified.
2.3 You may only enter a Competition as an individual, any entries that, in Garden of Sound’s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.4 Any entries made, in Garden of Sound’s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified, as will multiple entries from the same IP or telephone number.
2.5 A person or people at the same resedential address may not win more than one prize (subject to Garden of Sound’s discretion) within a 30 day period following the first win.
2.6 Unless otherwise expressly stated, you represent and warrant that you are at least 18 years of age on the date you enter a Competition and, if requested by Garden of Sound, shall provide evidence of your age to Garden of Sound’s reasonable satisfaction. Written parental/guardian consent is required where a Competition states that entrants may be under 18 years of age.
2.7 Proof of eligibility to enter a Competition must be provided to Garden of Sound on request.
2.8 You must enter any Competition using your legal name. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.

  1. Health and Safety 

3.1 By entering a Competition, you confirm and warrant 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 strenuous exercise or any of the events or activities planned or reasonably expected to be involved 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 Garden of Sound 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 are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
3.4 You must notify Garden of Sound 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. Garden of Sound 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 illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Garden of Sound and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.6 You will comply with all directions of Garden of Sound or Garden of Sound’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at Garden of Sound’s direction.
3.7 You confirm that you are not taking any medication at present and will not take any medication during the Competition.

  1. Competitions – General

4.1 You will comply with the instructions and directions of Garden of Sound or Garden of Sound’s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Garden of Sound’s direction.
4.2 You agree you will not by any act or omission do anything, which might bring Garden of Sound 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 Garden of Sound.
4.3 Source material utilised by Garden of Sound’s question compilers shall be taken as correct.
4.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
4.5 Garden of Sound 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.
4.6 No entries will be accepted from agents, in bulk or from third parties.
4.7 In the case of a prize draw, the first valid correct entry drawn at random by an independent judge or a panel of judges (featuring at least one independent member) will be the winner and where relevant the second drawn shall win the runner up prize and so on.
4.8 The decision of Garden of Sound’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.9 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (eg of entries or tokens) will not be accepted.
4.10 Garden of Sound reserves the right, in its reasonable discretion, to add to or to waive any Terms on reasonable notice.
4.11 Garden of Sound 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.
4.12 Any personal data submitted by you will be used solely in accordance with current New Zealand data protection legislation and Garden of Sound’s privacy policy.

  1. Competition entries via text message

5.1 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. Garden of Sound will not be liable in the event of entries not received as a result of network incompatability.
5.2 Entries to Competition(s) via “text message” may only be submitted if the eligibility of text message entries is confirmed on-air.
5.3 Entries by text message must be sent to the applicable shortcode as advertised on-air. Please be aware that shortcodes may change from Competition to Competition.
5.4 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as mis-spelt or incorrect text entries will be void.
5.5 A text message to the Competition shortcode will normally cost a premium charge plus the standard rate for your mobile network provider. You should check with your network provider for more details. For the avoidance of doubt, the cost of calls from different mobile phone service providers may vary. However, no purchase of any kind is necessary for 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 mechanisms will be made available. You should refer to this Site or on-air messages for the relevant Competition for details of the no purchase necessary route to entry.
5.6 Garden of Sound reserves the right to disclose your personal data to The Independent Committee for Supervision of Standards of Telephone Information Services (“ICSTIS”) at the reasonable request of ICSTIS.
5.7 Text messaging charges incurred as a result of entrance to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill.
5.8 Please note that multiple entries (or votes) by text message shall each be charged and incur the full charges applicable however you will only receive a single entry (or vote).

  1. Claims to prizes

6.1 In order to enable Garden of Sound to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, all entries must be made available if requested for the checking of such claim. In addition, Garden of Sound reserves the right to request proof of identity and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. Garden of Sound 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. Garden of Sound may also ask you to provide an in-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 invalidated and the Prize may be withdrawn.
6.2 If Garden of Sound becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Garden of Sound, that you had no actual or imputed knowledge of such fraud or deceit or similar action. 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 Garden of Sound reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). 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 Garden of Sound forthwith upon notification by Garden of Sound.
6.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid.
6.4 Winners of Prizes will be notified within [28] days of the relevant Closing Date for the Competition.

  1. Prizes

7.1 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.
7.2 Prizes may take up to 28 days to arrive.
7.3 Garden of Sound does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
7.4 In the event of unforeseen circumstances or circumstances outside Garden of Sound’s reasonable control, Garden of Sound reserves the right to offer an alternative prize of equal value. No cash will be offered.
7.5 In the event of there being more claims than Prizes available (and subject to clause 11), the name of the valid claimants will go into a draw for the Prizes.

  1. Holiday Prizes

8.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Garden of Sound. There will be no cash alternative. There will be no alternative destination.
8.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid NZ passport with at least 6 months’ further duration (or Competition entry will be invalid).
8.3 Holidays are not available to persons under the age of 18 without the express prior written permission of Garden of Sound. Children between the ages of 12 and 16 years for the purpose of airfares are considered to be adults. 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.
8.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Garden of Sound) or will be deemed invalid.
8.5 You must comply with the terms and limitations of any insurance policy offered as part of the Prize, relating to the holiday.
8.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
8.7 You are not entitled nor authorised in any way to commit Garden of Sound to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
8.8 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.
8.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Garden of Sound 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 London airport, meals and drinks).
8.10 Unless otherwise stated, you are responsible for ensuring you have adequate travel insurance.
8.11 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.

  1. Ticket give-aways

9.1 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.

  1. Cancellation of Entries or the Competition

10.1 You acknowledge that the interests and good reputation of Garden of Sound is paramount and Garden of Sound 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 Garden of Sound (or its radio stations) to do so.
10.2 Garden of Sound 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 Garden of Sound). 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 Garden of Sound shall be entitled, in its reasonable discretion, to cancel 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, Garden of Sound 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 Garden of Sound in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
10.4 Garden of Sound 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.
10.5 A Competition or specific promotional devices, may be declared as void by Garden of Sound 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 Garden of Sound.
10.6 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.
10.7 Garden of Sound 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.

  1. Confidentiality

11.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Garden of Sound, 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 Garden of Sound.

  1. Publicity

12.1 Winners must as a condition of the Prize participate in all required publicity.
12.2 You acknowledge and agree that Garden of Sound 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 Garden of Sound 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 vest exclusively with Garden of Sound.
12.4 You agree to undertake (as requested by Garden of Sound) 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 Garden of Sound in perpetuity.
12.5 Without limitation to any other rights under this Agreement, Garden of Sound shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

  1. Intellectual Property

13.1 Unless otherwise stated, Competition entries will not be returned to you.
13.2 In respect of copyright and other intellectual property rights in any Competition, your entry into the Competition, and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), you:
(a) hereby grant to Garden of Sound a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual propery rights in any and all media to the extent Garden of Sound deems it appropriate; and
(b) agree, at Garden of Sound’s request, to assign to Garden of Sound the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by Garden of Sound to effect the assignment under this clause
and you agree that the licence and, if applicable, any assignment shall include the right for Garden of Sound to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as Garden of Sound may in its absolute discretion determine.
13.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to Garden of Sound will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. Garden of Sound reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
13.4 By entering any Competition and submitting any material or Products you warrant to Garden of Sound that:
(a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms;
(b) Garden of Sound is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
(d) the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
(e) the Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(f) the Products are not obscene or pornographic; and
(g) the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
13.5 The entrant to a Competition is the individual submitting the media (ie the person who owns the mobile telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.
13.6 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Garden of Sound may result in your disqualification from the Competition and forfeiture of any Prize.
13.7 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Garden of Sound for its own use (in its absolute discretion).

  1. Garden of Sound – exclusion of liability

14.1 Garden of Sound 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 Garden of Sound; (ii) death or personal injury arising out of Garden of Sound’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.
14.2 Garden of Sound 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.
14.3 Garden of Sound 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 Garden of Sound may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.

  1. General

15.1 You undertake the Competition and the taking of any Prize at your own risk.
15.2 You agree to indemnify Garden of Sound and it’s employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by Garden of Sound 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 Garden of Sound’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
15.2 There is no fee payable to you in respect of your involvement in the Competition.
15.3 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 Garden of Sound may be accessed by third parties. Garden of Sound accepts no liability for loss resulting from your entry to an online Competition.
15.4 These Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
15.5 No variation of these Terms is effective unless approved by an authorised representative of Garden of Sound in writing.
15.6 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Garden of Sound) 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.
15.7 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.
15.8 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. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
15.9 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.

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