FUEL ME UP, TEXACO PROMOTION
22-26 OCTOBER 2018
The following rules (“Rules”) apply to the ‘Fuel Me Up, Texaco’ radio competition described in these Rules (the “Competition”) run by Tipp FM , Company Number 177291 having its registered address at Unit 4A, Gurtnafleur Business Park, Clonmel, Co Tipperary (the “Radio Station” or “we”) from Monday, 22nd October 2018 to Friday, 26th October 2018 (“the Duration”).
Before participating in the Competition a person (an “Entrant” or “you”) must read through and accept these Rules. If you enter the Competition you are deemed to have unconditionally accepted these Rules; if you do not agree to these the Rules and do not accept them then you are not eligible to participate in the Competition. These Rules are available on request from the Radio Station.
The Sponsors are Valero Energy (Ireland) Limited and Valero Marketing Ireland Limited.
1 DETAILS OF THE COMPETITION
1.1 Each day of the Duration, Drivetime with Carol Power will encourage listeners of her show on the Radio Station to enter the Competition for their chance to win a Prize.
1.1.1 To enter the Competition an Entrant must send a text message with the keyword ‘fuel’ to ‘083 311 3311’, a telephone number registered to the Radio Station (the “Text Message Line”).
1.1.2 The Radio Station will give out the opening and closing times of the Text Message Line on air during the Duration. Texts to the Text Message Line received by Entrants outside of these opening and closing times will not be valid entries, but may be charged for (see section 3 below).
1.1.3 Off-air the Radio Station will randomly select valid text entries to the Text Message Line and will start calling Entrants back and putting them on hold. The number of valid text entries chosen by the Radio Station and called back will vary each day during the Duration. All Entrants agree that the Radio Station may ask certain questions regarding eligibility to participate in the Competition. The Entrant must answer any questions regarding such eligibility truthfully and completely.
1.1.4 If an Entrant does not pick up when we call them then they forfeit their chance to play that day.
1.1.5 Each Entrant who speaks to Carol Power on air must answer with the words ‘Fuel Me Up, Texaco’ and will be asked a simple question. If an Entrant says this phrase and answers the question correctly then they win a Prize. If they do not say the words ‘Fuel Me Up, Texaco’ or do not answer the question correctly then they do not win the Prize.
2.1 The number of Prize winners will vary each day of the Duration.
2.2 An Entrant may only win 1 Prize.
2.3 The “Prize” means a €50 Texaco fuel voucher which is redeemable against €50 of Texaco fuel at any Texaco Service station in the Republic of Ireland and is valid until the 31st March 2019. This is the date of the expiry of the voucher and after that it cannot be redeemed for fuel. The voucher is exchangeable as payment for Texaco fuel to the value of the voucher or as part payment for fuel of a higher value provided the winning Entrant at the same time pays the difference with cash and cheques. No change will be given if a purchase is less than the value on the voucher.
2.4 All Prizes are non-transferable so may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives.
2.5 Neither the Radio Station nor the Sponsor accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
2.6 In the event of unforeseen circumstances or circumstances outside the Radio Station’s or the Sponsor’ reasonable control, the Radio Station reserves the right to offer an alternative prize of equal value. No cash will be offered.
2.7 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.
2.8 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.
2.9 Unless otherwise stated, all taxes, insurance, fees and surcharges on any Prize are the sole responsibility of the winner.
3 COSTS RELATED TO ENTRIES
3.1 You should check with your network provider for details of any cost of text messages as different mobile phone service providers may vary.
3.2 Text messaging charges incurred as a result of entry to the Competition will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill.
3.3 Any Entrant using a mobile which is not his or her own should ask for the permission of the person who pays the bill before sending a text message to the Text Message Line.
3.4 Entrants may submit text entries as many times as they like, but once they have been taken to air to play, their existing entries will be removed from the database and they will no longer be eligible to enter or be taken to air subsequently.
4.1 You must be 18 years or over to enter the Competition and, if requested by the Radio Station, you must provide evidence of your age to the Radio Station’s reasonable satisfaction.
4.2 This Competition is open to all listeners of the Radio Station except employees, associates, press, agencies and their families of Valero Energy (Ireland) Limited, Valero Marketing Ireland Limited (the “Sponsor”) the Radio Station or any persons directly or indirectly connected with the Competition.
4.3 You must be a resident of Ireland to enter the Competition.
4.4 The Radio Station and the Sponsor reserve the right to verify the eligibility of all Entrants. Proof of eligibility to enter the Competition must be provided to the Radio Station upon request.
4.5 You may only enter the Competition as an individual. Any entries that, in the Radio Station’s or the Sponsor’ absolute discretion, have been made via participation in a syndicate will be disqualified.
4.6 Any entries made, in the Radio Station’s or the Sponsor’ absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.
4.7 You must enter the Competition using your legal name. The Radio Station and the Sponsor reserve the right to disqualify anyone entering a Competition or winning a Prize using a false name. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
5 GENERAL TERMS AND CONDITIONS
5.1 It is agreed and accepted by you that, to the extent permitted by law, the Radio Station and the Sponsor shall have no liability whatsoever in respect of Competition.
5.2 You have made certain representations and warranties to the Radio Station and the Sponsor (both in these Rules and otherwise) in entering the Competition and/or applying for a place on the Competition. The Radio Station and the Sponsor have relied on the accuracy and truth of such representations and warranties in granting a place to you. Should the Radio Station, the Sponsor or their 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 might (in the Radio Station or the Sponsor’ opinion, which shall be final) have an adverse effect on the Competition, the Radio Station or the Sponsor each reserve 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).
5.3 You agree to co-operate with and comply with all reasonable requests of the Radio Station, the Sponsor and their agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
6 COMPETITION ENTRIES VIA TEXT MESSAGE AND TELEPHONE
6.1 Please note, only Entrants 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. Neither the Radio Station nor the Sponsor will be liable in the event of telephone or text message entries not received as a result of network incompatibility, technical faults, or otherwise.
6.2 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as the Radio Station cannot guarantee Competition entry for misspelt or incorrect text entries.
6.3 In the event that a telephone call to the Competition Entrant is disconnected for any reason before or during the Competition, the Radio Station reserves the right to select another Entrant to participate in the Competition. In the event that an Entrant does not answer their telephone when contacted by a representative of the Radio Station in order to participate in the Competition, the Radio Station reserves the right to select another Entrant to participate in the Competition.
7 CLAIMS TO PRIZES
7.1 In order to enable the Radio Station to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, evidence of Competition entry must be made available if requested for the checking of such claim. In addition, the Radio Station 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 utility bill. The Radio Station 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. The Radio Station 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.
7.2 If the Radio Station becomes aware of any fraud, deceit, misconduct or similar action during or in relation to the Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of the Radio Station, 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 the Radio Station 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 the Radio Station forthwith upon notification by the Radio Station.
7.3 Winners of Prizes will be notified on air and Prizes will be despatched by the Sponsor to the winners within a timely period. The Competition requires Entrants to take part in a radio show in order to win the Prize. Where an Entrant fails to take part as required, or takes part but fails a subsequent test of skill which is required to win the Prize that Entrant will be deemed to have forfeited their opportunity to win the Prize and will be disqualified from the Competition.
8 DISQUALIFICATION OF ENTRIES AND CANCELLATION OF THE COMPETITION
8.1 You acknowledge that the interests and good reputation of the Radio Station and the Sponsor are paramount and the Radio Station 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 the Radio Station or the Sponsor to do so.
8.2 The Radio Station 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 Rules or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of the Radio Station). You shall be responsible for any additional costs in this respect.
8.3 In the event of disqualification, the Radio Station reserves the right to select another Entrant to take part in the Competition.
8.4 The Radio Station shall be entitled, in its reasonable discretion, to cancel (and/or recommence) the 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), the Radio Station 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 the Radio Station in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
9 The Radio Station and its Sponsor reserve the right to cancel, suspend or amend the Promotion at any time without giving prior notice and without liability to any Entrant(s). The Promoter further reserves the right to cancel or to temporarily suspend the Promotion in the event of technical or other difficulties that might compromise the integrity of the Promotion without giving prior notice and without liability to any Entrant(s).
9.1 The Radio Station 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.
9.2 The Radio Station reserves the right in its reasonable discretion to (i) disqualify any claimant or Entrant whose conduct is contrary to the spirit of these Rules 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) 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.
10.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to the Radio Station, the Sponsor, their businesses, personnel, servants, agents or officers to anyone. You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of the Radio Station and the Sponsor.
11.1 Winners must, as a condition of the Prize participate in all reasonable publicity required by the Radio Station, the Sponsor and/or third parties connected with the Competition. You acknowledge and agree that the Radio Station and the Sponsor 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 Station Manager of the Radio Station.
11.2 You shall not without the specific prior written consent of the Radio Station and the Sponsor 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 the Radio Station.
11.3 You agree to undertake (as requested by the Radio Station or the Sponsor) 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 the Radio Station or the Sponsor in perpetuity.
11.4 Without limitation to any other rights under this Agreement, the Radio Station and the Sponsor shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
12 IINTELLECTUAL PROPERTY
12.1 Unless otherwise stated, Competition entries will not be returned to you.
12.2 In respect of copyright and other intellectual property rights in the 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:
12.2.1 hereby grant to the Radio Station and the Sponsor a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent the Radio Station or the Sponsor deems it appropriate; and
12.2.2 agree, at the Radio Station’s or the Sponsor’ request, to assign to the Radio Station 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 the Radio Station to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for the Radio Station 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 the Radio Station may in its absolute discretion determine.
12.3 Any information submitted by you relating to the Competition must be personal and related specifically to you. You warrant that any information which you submit to the Radio Station 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. The Radio Station 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.
12.4 By entering the Competition and submitting any material or Products you warrant to the Radio Station that:
12.4.1 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 Rules;
12.4.2 the Radio Station is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
12.4.3 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;
12.4.4 the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
12.4.5 the Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
12.4.6 the Products are not obscene or pornographic; and
12.4.7 the Products do not, to the best of 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.
12.5 The Entrant to the Competition is the individual submitting the media (i.e. 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.
12.6 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 the Radio Station may result in your disqualification from the Competition and forfeiture of any Prize.
12.7 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 the Sponsor for its own use (in its absolute discretion).
13 THE INFORMATION SUBMITTED BY YOU
13.2 By accepting the Prize, the winner grants the Sponsor and the Radio Station the right to use and publish his/her name and picture in such media as the Sponsor or the Radio Station may choose (including but not limited to the internet) for advertising and promotional purposes, and in the manner described in these Rules, without additional consideration.
13.3 At any time, a Entrant can make a written request to the Sponsor and the Radio Station to have access to personal information that the Sponsor or the Radio Station holds about him or her, or may inform the Sponsor and the Radio Station of any changes in his or her personal data, by contacting the Sponsor and the Radio Station at:
13.3.1 Tipp FM (company number: ): [Tel: 052 612 5299];
13.3.2 Valero Energy (Ireland) Limited (company number: ): [Tel: 01 6258200];
13.3.3 Valero Marketing Ireland Limited (company number: ): [Tel: 01 6258200];
14 EXCLUSION OF LIABILITY
14.1 Neither the Sponsor nor the Radio Station is 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 that cannot be excluded or limited by law.
14.2 Neither the Sponsor nor the Radio Station accept 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 Neither the Sponsor nor the Radio Station shall 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 any of their reasonable control and whilst the Radio Station may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
15.1 You will comply with the instructions and directions of the Radio Station, the Sponsor or the Radio Station’s or the Sponsor’ representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at the Radio Station’s or the Sponsor’ direction.
15.2 You agree you will not by any act or omission do anything, which might bring the Radio Station, the Sponsor or their businesses 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, the Sponsor or the Radio Station. You also warrant that you do not currently, and have not in the past, worked for any other radio station or media organisation in Ireland.
15.3 Source material utilised by the Radio Station’s or the Sponsor’ question compilers shall be taken as correct.
15.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
15.5 The Radio Station and the Sponsor do not accept responsibility for entries to the Competition or Prizes lost, damaged or delayed in transit nor for any technical failure, malfunction or any other problem in any network, system, server, provider, related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Entrants hereby waive any claim whatsoever for any losses, costs, damages and expenses arising from any such problems.
15.6 No entries will be accepted from agents, in bulk or from third parties.
15.7 The decision of the Radio Station’s or the Sponsor’ judges is final and conclusive in all circumstances and no correspondence will be entered into.
15.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
15.9 The Radio Station and the Sponsor each reserve the right, in their reasonable discretion, to add to, amend, or waive any Rules on reasonable notice, including but not limited to extending or reducing the duration of the Competition, and giving clues.
15.10 The Radio Station and Sponsor 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.
15.11 You undertake the Competition and the taking of any Prize at your own risk.
15.12 You agree to indemnify the Radio Station, the Sponsor and their employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by the Radio Station and the Sponsor arising as a result of a breach by you of your obligations under the Rules or in any way in connection your failure to follow the Radio Station’s or the Sponsor’ reasonable instructions with regard to your entry into the Competition or taking of the Prize.
15.13 In the case of text and on-line Competitions you acknowledge that the telecommunications network and/or internet may not be a secure medium and information submitted to Competitions hosted on websites, or via text apps or website whether or not owned or controlled by the Radio Station may be accessed by third parties. Neither the Sponsor nor the Radio Station accept liability for loss resulting from your entry to an online or text Competition.
15.14 These Rules shall be governed and construed in accordance with the laws of Ireland and you and we submit to the exclusive jurisdiction of the Courts of Ireland.
15.15 The Rules represent the entire agreement between you the Radio Station and the Sponsor relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by the Radio Station or the Sponsor) 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 Rules or any specific terms for the 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 Rules.
15.16 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.
15.17 If any provision of the Rules 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 Rules and the remainder of the provision in question shall not be affected.