TERMS OF USE
(Jump to competition rules)
Access to and use of this site (spiritradio.ie) is provided by Spirit Radio subject to the following terms:
1. By using spiritradio.ie you agree to be legally bound by these terms, which shall take effect immediately on your first use of spiritradio.ie
2. Spirit Radio may change these terms at any time by posting changes online.
Data Protection Policy notes for website
The following is excerpted from the Spirit Radio Data Protection Policy.
1.1. For the purposes of this policy, the term “data subject” refers to all
living individuals about whom we hold personal data. A data subject
need not be an Irish national or resident. All data subjects have legal
rights in relation to their personal data.
1.2. Upon request, the data subject must be told who the data controller is (in
this case Spirit Radio, who the data controller’s representative is (in this
case the Data Protection Compliance Manager), the purpose for which
the data is to be processed by us, and the identities of anyone to whom
the data may be disclosed or transferred. Upon request, the data
subject should also be told of their right of access to, and the right of
rectification of, their information and whether replies to questions asked
for the purpose of collection of such information are obligatory.
1.3. For personal data to be processed lawfully, certain conditions have to
be met before it is collected. These may include, among other things,
requirements that the data subject has consented to the processing, or
that the processing is necessary for the legitimate interest of the data
controller or the party to whom the data is disclosed. When sensitive
personal data is being processed, more than one condition must be
met. In most cases the data subject’s explicit consent to the processing
of such data will be required.
1.4. Personal data may only be processed for the specific purposes notified
to the data subject when the data was first collected or for any other
purposes specifically permitted by the Acts.
1.5. This means that personal data must not be collected for one purpose
and then used for another.
A key test of compatibility is whether
the personal data is used in a way in which the data subject whom
supplied the information would expect it to be used and disclosed.
1.6. If it becomes necessary to change the purpose for which the data is
processed, the data subject must be informed of the new purpose
before any processing occurs.
1.7. Personal data should only be collected to the extent that it is required for
the specific purpose notified to the data subject. Any data which is not
necessary for that purpose should not be collected in the first place.
1.8. Personal data should not be kept longer than is necessary for the
purpose for which it was originally collected. This means that data
should be destroyed or erased from our systems when it is no longer
required. For guidance on how long certain data is likely to be kept
before being destroyed, contact the Data Protection Compliance
Manager.
1.9. Data must be processed in line with data subjects’ rights. Data subjects have a right to:
(a) Request access to any data held about them by a data controller.
(b) Prevent the processing of their data for direct-marketing purposes.
(c) Ask to have inaccurate data amended.
(d) Prevent processing that is likely to cause damage or distress to themselves or anyone else.
1.10. Data subjects should be informed of these rights.
1.11. We must ensure that appropriate security measures are taken against
unlawful or unauthorised processing of personal data, and against the
accidental loss of, or damage to, personal data.
1.12. The Acts requires us to put in place procedures and technologies to
maintain the security of all personal data from the point of collection to
the point of destruction.
1.13. Personal data may only be transferred to a third-party data processor if
he agrees to comply with those procedures and policies and provided
we are satisfied that he has adequate security measures in place.
1.14. A written agreement should be put in place with any third-party data
processor in which he expressly agrees to comply with our procedures
and policies and confirms that he will only process personal data
subject to, and in accordance with, our instructions and that he has and
will maintain and implement adequate security measures in respect of
any personal data disclosed to him.
1.15. Maintaining data security means guaranteeing the confidentiality,
integrity and availability of the personal data, defined as follows:
(a) Confidentiality means that only people who are authorised to use
the data can access it.
(b) Integrity means that personal data should be accurate and
suitable for the purpose for which it is processed.
(c) Availability means that authorised users should be able to access
the data if they need it for authorised purposes. Personal data
should therefore be stored on our central computer system instead
of individual PCs.
1.16. Security procedures include:
(a) Entry controls. Any stranger seen in entry-controlled areas should
be reported.
(b) Secure lockable desks and cupboards. Desks and cupboards
should be kept locked if they hold confidential information of any
kind. (Personal information is always considered confidential.)
(c) Methods of disposal. Paper documents should be shredded.
Floppy disks and CD-ROMs should be physically destroyed when
they are no longer required.
(d) Equipment. Data users should ensure that individual monitors do
not show confidential information to passers-by and that they log
off from their PC when it is left unattended.
1.17. Further examples of security measures include access control,
encryption, anti-virus software, firewalls and automatic locking of
computers during periods of non-use.
2. DIRECT MARKETING
2.1. There are specific rules which regulate direct marketing. Accordingly,
a direct marketing campaign, such as by e-mail etc, should not be
undertaken without first having obtained the approval of the Data
Protection Compliance Manager.
3. PROVIDING INFORMATION OVER THE TELEPHONE
3.1. Any member of staff dealing with telephone enquiries should be careful
about disclosing any personal information held by us. In particular they
should:
(a) Check the caller’s identity to make sure that information is only
given to a person who is entitled to it.
(b) Suggest that the caller put their request in writing if they are not
sure about the caller’s identity and where their identity cannot be
checked.
(c) Refer to the Data Protection Compliance Manager for assistance
in difficult situations. No-one should be bullied into disclosing
personal information.
Dealing with Subject Access Requests
18.4.16.1.
A formal request from a data subject for information that we hold about them must be made in writing. A fee of up to €6.35 is payable by the data subject for provision of this information, although we can decide to waive this requirement.
18.4.16.2.
Any member of staff who receives a written
request should forward it to the Data Protection Compliance
Manager immediately. This is crucial as all such requests must
be complied with within 40 days.
TERMS OF USE
Access to and use of this site (spiritradio.ie) is provided by Spirit Radio subject to the following terms:
1. By using spiritradio.ie you agree to be legally bound by these terms, which shall take effect immediately on your first use ofspiritradio.ie
2. Spirit Radio may change these terms at any time by posting changes online.
Use of SpiritRadio.ie
3. You may not copy, reproduce, republish, download, broadcast, transmit, make available to the public, or otherwise use SpiritRadio.ie content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any SpiritRadio.ie content except for your own personal, non commercial use. Any other use of Spirit Radio content requires the prior written permission of Spirit Radio.
You undertake and warrant to us:
not to use, attempt to use or permit another person to use the Website to send, post, communicate or transmit:
any information or material which infringes a third party’s rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading or deceptive;
any material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;
any material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else; or
commercial, unsolicited or bulk electronic messages to anyone.
use another person’s name, username or password on the Website or to access any content on the Website.
not knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Website, nor make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired.
not to create HTTP links from the Website to any other web site on the Internet.
not to tamper with, hinder the operation of, or make unauthorised modifications to the Website or any content on the Website.
store in any electronic or other medium, publish, display, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the Material, content or information on the Website.
not to use the Website in a manner which, in our sole opinion, amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy).
Liability
4. In no event will Spirit Radio be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.
Under 18s
5.If you are under 18 years of age, you must obtain a parent or guardian’s consent before accessing or using the Website.
Privacy
6. If we gather any information about you then such information will be gathered and used by us in accordance with our Privacy Policy. You may review our Privacy Policy on our website here.
Law and Jurisdiction
7. These Terms of Use shall be governed by and construed in accordance with Irish law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the Irish courts.
If you have any queries about these Terms of Use, you may contact us by writing to Spirit Radio, 3rd Floor, Hume house, Ballsbridge, Dublin 4, Ireland
Competition Rules
Entering Competitions on Spirit Radio – terms
IF YOU HAVE ENTERED ONE OF OUR COMPETITIONS, TO ENSURE THAT YOU ARE COMPLETELY AWARE OF THE RULES. WE ASK THAT YOU TAKE A COUPLE OF MINUTES TO READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ENTRY WILL BE GOVERNED BY THESE RULES IN RESPECT OF EVERYTHING FROM ELIGIBILITY TO PRIZES, HEALTH AND SAFETY ISSUES AND HOW WE USE YOUR ENTRY.
THESE RULES ARE LEGALLY BINDING, SO PLEASE… TAKE A LOOK.
1. Introduction
1.1 These Terms and Conditions (“Terms”) shall be binding on you (and your guests where applicable) (together “you”) when entering any competitions (“Competition(s)”) operated by Spirit Radio Limited. (“Spirit Radio”), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Spirit Radio from time to time.
1.2 Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms.
1.3 You must pass a copy of these Terms to your guests (if applicable) and ensure that they comply with them.
1.4 It is agreed and accepted by you that Spirit Radio shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors) (except in respect of death or personal injury directly attributable to Spirit Radio’s negligence).
1.5 You have made certain representations and warranties to Spirit Radio (both in these Terms and otherwise) in applying for a place on the Competition. Spirit Radio has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Spirit Radio 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 have (in Spirit Radio’s opinion, which shall be final) an adverse effect on the Competition, Spirit Radio, reserves the right to forfeit your place on the Competition (without giving any reason and without notice).
1.6 You agree to co-operate with and comply with all reasonable requests of Spirit Radio and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
2. Eligibility to enter competitions
2.1 You must be a resident of the Republic of Ireland. Employees of Spirit Radio, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.
2.2 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by Spirit Radio, shall provide evidence your age. And where a competition is open to under 18’s you will proved applicable note be accompanied by a parent/guardian who acknowledges permission for your entry.
3. Health and Safety
3.1 With this Agreement, you confirm and warrant that, to the best of your knowledge, 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. Any behaviour or act or conduct by you which Spirit Radio considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).
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 acknowledges that all activities are undertaken at your own risk. You must notify Spirit Radio 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. Spirit Radio 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.
3.4 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 Spirit Radio and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.5 You will comply with all directions of Spirit Radio in respect of health and safety (failure to do so may lead to immediate disqualification, at Spirit Radio’s direction).
3.6 You confirm that you are not taking any medication at present and will not during the Competition.
4. The Competition
4.1 The interests and good reputation of Spirit Radio are paramount and spirit Radio may, at its sole 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 Spirit Radio to do so. In particular (without limitation), Spirit Radio 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 its obligations, or representations and warranties, under these Terms or otherwise conducts yourself in a manner which is inappropriate or unsuitable (in the discretion of Spirit Radio). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary). You will not by any act or omission do anything, which might bring Spirit Radio or its radio stations into disrepute.
4.2 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 affect the reputation of the Competition or Spirit Radio. You also warrant that you do not currently worked for any other radio station or media organisation in the Republic of Ireland.
4.3 You will comply with the instructions and directions of Spirit Radio (failure to do so may lead to immediate disqualification, at Spirit Radio’s direction).
4.4 Incomplete or indecipherable entries will be void (in Spirit Radio’s absolute discretion).
4.5 Spirit Radio does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
4.6 Source material utilised by Spirit Radio’s question compilers shall be taken as correct.
4.7 Late entries will not be accepted (in Spirit Radio’s discretion).
4.8 In the case of a prize draw, the first correct entry drawn will be the winner.
4.9 The decision of Spirit Radio’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.10 Spirit Radio’s shall be entitled, in its absolute 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.
4.11 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Spirit Radio will use reasonable endeavours to offer an alternative prize at some other time and/or 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 Spirit Radio’s in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
5. Claims to prizes
5.1 In order to enable Spirit Radio’s to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Spirit Radio’s reserves the right to carry out an interview (by telephone or in person with you and to tape record the interview). If you refuse to participate in or answer all questions raised in such an interview without good reason then your place will be treated as invalidated.
5.2 If Spirit Radio becomes aware of any fraud, deceit 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 Spirit Radio, that you had no actual or imputed knowledge of the 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 Spirit Radio 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 or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Spirit Radio forthwith upon discovery by Spirit Radio.
6. Prizes
6.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Spirit Radio may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
6.2 Spirit Radio does not accept any liability for claims of prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
7. Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Spirit Radio. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid Irish passport with at least 6 months’ further duration (or competition entry will be invalid).
7.3 Holidays are not available to persons under the age of 18 without the express prior written permission of Spirit Radio. 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.
7.4 In the event of unforeseen circumstances or circumstances outside Spirit Radio’s reasonable control Spirit Radio reserves the right to offer an alternative prize of equal value. No cash will be offered.
7.5 All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.
7.6 You must comply with the terms and limitations of any insurance policy relating to the holiday.
7.7 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.
7.8 You are not entitled nor authorised in any way to commit Spirit Radio to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of Spirit Radio in writing.
7.9 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.
7.10 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Spirit Radio 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 they may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from Dublin airport, meals and drinks).
7.11 You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
7.12 Where a Spirit Radio competition prize or promotional giveaway is being provided by a third party and not Spirit Radio, then in the event of the said third party being unable to provide the prize for reasons outside the control of Spirit Radio, Spirit Radio and it’s servants or agents will not be responsible for providing a replacement and will have no responsibility or liability to the winner(s)
8. Ticket give-aways
8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue. If the concert is cancelled, Spirit Radio is not obliged to provide replacement tickets or an alternative prize. If a concert or show is postponed, the tickets are generally valid for the rescheduled date. Spirit Radio is not liable for any costs or damages associated with the change of date or postponement of the event.
9. Confidentiality
9.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Spirit Radio, its business, personnel, servants, agents or officers to anyone.
9.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Spirit Radio.
10. Spirit Radio – exclusion of liability
10.1 Spirit Radio is not liable in any way for any costs, expenses, damages, liability or injury 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 negligence by Spirit Radio or death or personal injury arising out of such negligence.
10.2 Spirit Radio 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.
10.3 Spirit Radio 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 control and shall not be liable to compensate you in such circumstances.
11. General
11.1 You undertake the Competition at your own risk and agree to indemnify Spirit Radio and its radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.
11.2 There is no fee payable to you in respect of your involvement in the Competition.
11.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledges that all activities are undertaken at your own risk.
11.4 Spirit Radio is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition. This limitation does not exclude any liability for negligence by Spirit Radio or death or personal injury arising out of such negligence.
11.5 Spirit Radio 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.
11.6 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 Spirit Radio may be accessed by third parties. Spirit Radio accepts no liability in such cases.
11.7 These Terms shall be governed and construed in accordance with Irish Law.
11.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Spirit Radio) 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. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Spirit Radio. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
11.9 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. These Terms shall be governed by and interpreted in accordance with Irish law and the parties irrevocably submit to the exclusive jurisdiction of the Irish courts.
11.10 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
12. Facebook & Social Media Competitions
12.1 Winners will be selected at random from entries submitted for facebook competitions, through an app on the Spirit Radio page, or on the Spirit Radio facebook page itself. Information submitted will only be used by Spirit Radio to contact the selected winners regarding their prize. Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook or any other Social Media site.
Spirit Radio