- These terms apply to any competition, prize draw or promotion (each a “Promotion”) which Hurley’s Media Ltd or any of its group companies or affiliates (together, “Hurley’s Media”, “us”, “we”, or “our”) or our promotion partners may run, whether on our or their websites, social media platforms, on air or otherwise.
- By participating in a Promotion, you agree to these terms, as well as any other specific rules which relate to a Promotion (“Promotion Rules”). Promotion Rules may include entry instructions and other specific information relating to a Promotion. You acknowledge that any failure to comply with these terms or the Promotion Rules may result in disqualification.
- Hurley’s Media shareholders, directors, employees and immediate family or household members of employees of Hurley’s Media, its contributors or agents are not eligible to take part in any Promotion.
- Promotions are open to individuals who are Cayman Islands residents and aged 18 or over, unless the Promotion Rules or other promotional materials or announcements specify a different geographic region or a different minimum age. Promotions shall be void when prohibited by local laws or regulations and it is your responsibility to ensure that you are able to participate in the Promotion and take receipt of a prize under local laws and regulations. To the fullest extent permitted by law, the Hurley’s Media is not liable where an entrant has breached local laws and/or regulations in connection with the Promotion.
- To enter, follow the entry process for the relevant Promotion, which will usually be outlined in the Promotion Rules and/or relevant promotional materials. Entries received outside the opening and closing times of the Promotion. Unless stated in the Promotion Rules to the contrary, there is only one entry per person for each Promotion.
- Whilst there is no charge to enter a Promotion, unless stated otherwise in the Promotion Rules and/or relevant promotional materials, if entry is made via text message, what’s app, MMS or telephone call, network provider charges may apply. If you are not the bill payer, you must obtain the bill payer’s permission before entering.
- Hurley’s Media accepts no responsibility for entries which are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. We do not guarantee successful entry for corrupt, unintelligible or misspelt entries. Proof of delivery of an entry is not proof of receipt by us.
- If entry involves a live call in, ensure you answer your telephone when we phone you. If you fail to do so, or if the call goes to voicemail, if the call becomes disconnected or you are not audible for any reason beyond our control (including, but not limited to low/no signal on your device, or a call being dropped by a network) or where we, at our sole discretion, consider you are unable to safely take the call, you may be disqualified and we reserve the right to select another entrant to participate in the Promotion.
- The result of each Promotion is final and no correspondence will be entered into.
- Unless otherwise specified in the Promotion Rules: (a) in the case of a prize draw, winner(s) will be drawn at random from valid entries, which may be by automated process; and (b) in the case of a competition, where appropriate the winner(s) may be selected by an independent judge or a panel of judges including an independent judge.
- If you win a prize, we will notify you within fourteen days of the end date of the Promotion, unless a different timeframe is stated in the Promotion Rules. To claim the prize, you must follow the instructions provided to you in the notification.
- If you cannot be contacted, fail to claim the prize within the stated time-limit, decline the prize, fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the prize.
- You will be asked to provide proof of your identity, age and residency to claim a prize and, for on-air Promotions, we may require proof that your voice matches that of the winner. You are responsible for confirming valid contact and delivery details where appropriate. We will not be responsible for any failure, delay or inability to contact or deliver to you.
- The prize or prizes will be described in the relevant Promotion Rules. Any imagery is for illustrative purposes only, and colours and other minor details may vary. If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative at our sole discretion.
- Prizes are non-transferable, non-refundable and no cash alternative is available.
- Unless otherwise stated in the Promotion Rules, you may not win more than one prize per Promotion and we reserve the right to withhold or reclaim any second or subsequent prize. The prize will only be awarded to the winning entrant and we will not transfer prizes to third parties, including family members.
- You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning or possessing.
- The prize cannot be used in conjunction with other offers, promotions or prizes.
- Third party terms and conditions may apply. You must comply with all lawful instructions and terms and conditions, including health and safety requirements and instructions of Hurley’s Media and/or any of our promotional partners and prize providers.
- Unless the Promotion Rules state otherwise, you will be responsible for all ancillary expenses in relation to the prize which aren’t expressly listed. For illustrative purposes only, in relation to a holiday or event prize, unless expressly included in the prize description, the cost of food, drinks, travel, gratuities and insurance will not be included.
Publicity and Use of Entry
- The winner of any Promotion (along with their guest, if applicable) may be required to take part in promotional activity related to the Promotion and the winner shall participate in such activity on our reasonable request. You consent to our use (and that of our partner promotors) of your (and any guest’s) voice, image, photograph, social media handle, name and Promotion entry in perpetuity for publicity and PR purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by us or our related companies or partner promotors) and in advertising, marketing or promotional material without additional compensation or prior notice.
- By entering a Promotion or submitting a video, image, audio file or any other materials (“content”) in relation to a Promotion or prize you grant us a worldwide, perpetual, royalty free licence in any intellectual property rights subsisting in that content. By submitting any content in relation to a Promotion (including as part of the entry process or as part of a prize) or by tagging or mentioning us in any content in connection with the Promotion, you agree that we can re-post, re-tweet, publicise and otherwise use that content (with or without any accompanying comments and information like your social media handle and profile picture) via any social networks and platforms that we use, and on our websites.
- You warrant and undertake that your entry: (a) is your own work, does not contain any third party materials or content that you do not have permission to use; (b) is not propaganda and does not promote any goods or services; (c) does not and will not (and our and any third party’s use of it does not and will not) infringe the rights of any individual or business (including, but not limited to, any intellectual property rights, moral rights, rights to privacy and confidentiality) or violate any applicable law or regulation; (d) does not contain anything which is indecent, untrue, defamatory, threatening, obscene; (e) does not contain any information which may prejudice an ongoing investigation or legal proceedings.
Your conduct and participation
- We reserve the right, in our sole discretion and without incurring liability, to disqualify any individual who, or entry which, has not complied with the letter or the spirit of these terms or the Promotion Rules, and/or if we have grounds to suspect an individual of cheating, deception or fraudulent conduct of any kind.
- You agree that you will not do anything which is likely to bring us or any of our promotion partners into disrepute or which might adversely affect our reputation or the Promotion and that failure to meet this standard may result in disqualification.
- If you are disqualified prizes may be withheld or withdrawn. You will not be compensated and you may be required to pay any costs incurred. Another winner may be selected at our discretion.
- Your entry or participation in any Promotion and/or receipt of any prize is at your own risk. If the Promotion or prize requires that you undertake any physical activity, please ensure that you are in good health, that you have informed us of any underlying medical condition, physical or other impairment or medication you are taking which may be relevant and which could adversely affect your participation in the Promotion, use or enjoyment of the prize, or ability to claim the prize. You must notify us immediately if you become ill or become aware of any other relevant medical or health and safety information which could affect your participation in a Promotion and/or receipt of the prize.
- Please note that certain social media sites expressly prohibit Promotions from requiring consideration to enter. Entrants are specifically prohibited from buying “likes” on social media sites and where an Entrant does so, they may be disqualified from the Promotion at our sole discretion.
- Neither Hurley’s Media nor our promotional partners accept responsibility for or liability arising from participants taking part in a Promotion or receiving (or not receiving) any prize. Hurley’s Media gives no warranty or guarantee in relation to the prize and accepts no responsibility or liability for the prize being amended. To the fullest extent permitted by law, we exclude all liability to you or any third party for any loss, damage, disappointment or harm of any kind incurred by you or any third party as a result of or in connection with a Promotion and/or your use or enjoyment of any prize.
- Hurley’s Media and its promotional partners shall have no liability: (a) in relation to any act or omission of any third party; or (b) for any failure to comply with obligations relating to the Promotion where the failure is outside our reasonable control. Such circumstances shall include but not be limited to weather conditions, fire, flood, hurricane, strike, political unrest, supervening legislation or any other circumstance amounting to force majeure.
- By entering a Promotion, to the fullest extent permissible by law, you agree to indemnify and hold harmless Hurley’s Media and any relevant promotional partners, for any liability, damages or claims (including but not limited to claims based on publicity rights, third party intellectual property rights, defamation or invasion of privacy) howsoever arising which relates directly or indirectly to your entry into the Promotion or use or enjoyment of a prize. In no event will our and/or any promotion partners’ total aggregate liability to you exceed the cost of the prize.
- Where the Promotion is run on Facebook or other social media site, it is not endorsed, sponsored or administered by the social media site, nor is it associated with the Promotion. The social media site is expressly released from any responsibility to entrants or participants. Entrants remain responsible for their own use of any social media site and compliance with its rules.
- We reserve the right to cancel, suspend or amend the Promotion, or any part of it (including these terms or the Promotion Rules) or change the prize (to one of equivalent or greater value) as required by circumstances at our sole discretion.
- These terms and the Promotion Rules do not create any right or benefit enforceable by any third party.
- Any failure by us to enforce any provision in these terms shall not constitute a waiver of that provision.
- These terms, together with any relevant Promotion Rules, represent the entire agreement between you and us in relation to the Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the terms or any Promotion Rules does not affect the remainder of these terms or any Promotion Rules, which will remain in full force and effect.
- If the Promotion Rules contain a rule which directly contradicts these terms, the relevant provision of the Promotion Rules will apply for that Promotion. Otherwise, these terms will continue to apply in their entirety.
- These terms and conditions shall be governed by and construed in accordance with Cayman Islands law. Disputes arising in connection with any Promotion or prize shall be subject to the exclusive jurisdiction of the Cayman Islands courts.