In these terms and conditions, “Contest Organiser(s)” means dms Broadcasting Ltd of 38 Godfrey Nixon Way, Grand Cayman, Cayman Islands and its affiliated station, 106.1 Kiss FM.
By entering a Contest, the entrant shall be deemed to have read, understood, accepted and agreed to be bound by these terms and conditions and all decisions of the Contest Organisers. All Contest Organisers’ decisions shall be final and binding and no correspondence will be entered into in relation to the result of any Contest.
The Contest Organisers reserve the right to disqualify any entry or entrant at their discretion, including but not limited to any entrant or entry: (i) which is in violation of any Contest terms and conditions; (ii) which adversely affects the fairness or operation of a Contest; or (iii) who, in the Contest Organisers’ judgment, engages in any abusive conduct with respect to any Contest or promotion conducted by the Contest Organisers or each of their respective parents, subsidiaries, affiliates, directors, officers, employees, affiliated stations, advertising and promotional agencies or sponsors and other agents (the “Affiliates”).
These terms and conditions shall be governed by and interpreted in accordance with the laws of the Cayman Islands. In the event that any term or condition is deemed invalid, the enforceability of the remaining provisions of these terms and conditions shall not be affected. The Contest is void where prohibited by law.
Except where otherwise stated all entrants must be at least 18 years old and legal residents of the Cayman Islands and living or working in 106.1 Kiss FM’s listening area.
A winner will be disqualified if he/she or a member of his/her immediate family or household has won a 106.1 Kiss FM Contest within the previous 30 days.
Employees (including their immediate families and members of the same household) of the Contest Organiser, any Affiliate or any other radio station in the 106.1 Kiss FM broadcasting area are not eligible to participate in any Contest presented by 106.1 Kiss FM.
For the purposes of these terms and conditions, the term “immediate family” includes spouses, siblings, parents and legal guardians, children and legal wards, grandparents, and grandchildren, including “in-laws.”
Online listeners to the 106.1 Kiss FM web stream may experience a reception delay of up to one minute. Listening to the station’s over-the-air broadcast will therefore generally be the most immediate way to participate in a 106.1 Kiss FM Contest.
Unless otherwise specified, there can be only one entry per person. Multiple entries may result in disqualification.
Participation is subject to FULL phone call completion, and the verification of the entrant’s name, address, home phone number, work/cell phone number, all of which must be provided prior to completion of the call. Contest calls will not be made to or accepted from any number other than those provided at the time of entry.
All Contest entries will become the property of the Contest Organisers and will not be acknowledged or returned.
The odds of winning shall depend on number of eligible entries received.
Only one prize will be available to any entrant.
Non-cash prizes are not redeemable for cash and winners may not request a prize substitution under any circumstances. The Contest Organisers do not guarantee the availability of non-cash prizes and reserve the right, in their sole discretion, to substitute any prize with one of equal or greater value.
Prizes are non-transferable and may not be claimed or used by any person other than the winner unless written consent inclusive of contact details and a copy of the winner’s legal photo identification is supplied.
Prizes must be claimed at the 106.1 Kiss FM offices (38 Godfrey Nixon Way, Grand Cayman) within 30 days of the end of the Contest. Prizes not claimed within the 30 day period will be forfeited.
All prizes are accepted entirely at the risk of the entrant and are awarded by the Contest Organisers without any warranty of any kind express or implied. For the avoidance of doubt, the Contest Organisers shall have no responsibility in the event that the entrant is unable to use the prize in the manner anticipated. It is the entrant’s sole responsibility and at the entrant’s sole cost to ensure that he or she has the appropriate approvals, licenses, documentation or other authority to use or own any prize. No compensation whatsoever shall be provided should the winner fail to obtain such approval or documentation, regardless of circumstances.
The Contest Organisers are not responsible for any taxes or fees associated with the prize or use of the prize (including for the avoidance of doubt, banking charges and any financial commitment incurred in connection with the prize but not included within the prize) and the winner acknowledges that it is his/her responsibility to satisfy any and all such claims.
Copies of written Contest terms and conditions and lists of winners are available, for three months from the close of a Contest, during regular business hours at the 106.1 Kiss FM studios.
By entering a Contest, the entrant releases and holds harmless the Contest Organisers and all Affiliates from any and all liability for any damage, loss or delay resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in a Contest, or while preparing for, or participating in any Contest or prize-related activity, to the extent permitted by applicable law. Winners (and their guests, if applicable) will be required to sign a form releasing the Contest Organisers and their Affiliates from all liability in connection with a Contest and the award and use of the prize before claiming the prize.
The Contest Organisers undertake no liability or responsibility, and make no warranties, express or implied, with respect to the performance of the prize(s) awarded, for any failure to perform or negligent performance of any service provider, or for any other risk, incident or damage, direct or indirect, relating to or arising out of a Contest, including (but not limited to) cancellations, postponements, delays or other scheduling changes; missed events or connections or inability of winner to attend; and accident, injury, damage or expense arising from or occurring during the use of the prize, or travel to/from or attendance at any event relating to the Contest, by the entrant and/or, where applicable, any guest(s).
The Contest Organisers are not responsible for damage to a prize or loss of a prize after the prize has been claimed. Winners must inspect their prizes before leaving the station.
The Contest Organisers are not responsible for technical, hardware or software failure or malfunctions, lost or unavailable network or other telecommunications connections, or lost, misdirected late, damaged, illegible, inaccurate, incomplete, garbled, disconnected, or delayed Contest entries or communications, whether caused by the entrant or by any of the equipment or programming associated with or used in this Contest, or by any human error which may occur in the execution of this Contest.
The entrant shall indemnify the Contest Organisers and Affiliates from and against all liability, cost, loss or expenses suffered thereby as a result of the entrant’s breach of the warranties and undertakings and any breach of these terms and conditions.
Entry into any Contest constitutes full permission by the entrant for the Contest Organisers and any Affiliates to broadcast and/or to photograph or publish the entrant’s name, voice, recorded comments, biographical information, face and likeness without compensation or further permission, for the purpose of announcing the winners of a Contest or for any related promotional purposes, whether online, in print or in any other media.
The Contest Organisers reserve the right to at any time, change, amend, delete or add to the terms and conditions and other rules and regulations including the mechanism of a Contest at their absolute discretion and such changes shall be effective upon announcement.
The Contest Organisers may terminate or suspend any Contest at any time at their absolute discretion in which case, the Contest Organisers may elect not to award any prize. Such termination or suspension will not give rise to any claim by any entrant. If the Contest is resumed the entrant shall abide by the Contest Organisers’ decision regarding resumption of the Contest and disposition of the prizes.