Terms & Conditions

Prize Collection/Winners

   

Prizes should be collected during office hours: Monday to Friday 9am - 5.30pm from:

FRQ.fm,
Level 3,
The Malthouse,
Grand Canal Quay,
Dublin 2

 

We accept no responsibility for prizes that are posted to winners and get lost in the post.

Prize winners will be informed via phone when prizes are ready for collection - Please do not come to the offices without a call All prizes must be collected within 2 months of receiving this phone call. Prizes can take up to 28 days to become available for collection.

   

Facebook Competitions

Winners will be selected at random from entries submitted for facebook competitions, through an app on the FRQ page, or on the FRQ facebook page itself. Information submitted will only be used by FRQ to contact the selected winners regarding their prize. Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook.

 

BAI Right of Reply

The Broadcasting Authority of Ireland (“BAI”) has published the BAI Right of Reply Scheme CLICK HERE TO VIEW

 

General T+C's

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 AND 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)”) FRQ, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by FRQ 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 FRQ 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 FRQ negligence).

1.5 You have made certain representations and warranties to FRQ (both in these Terms and otherwise) in applying for a place on the Competition. FRQ has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should FRQ 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 FRQ’s opinion, which shall be final) an adverse effect on the Competition, FRQ (or any of its radio stations), 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 FRQ 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 FRQ, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.

2.2 Only one entry per person will be permitted. Multiple entries will be disqualified.

2.3 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by FRQ, shall provide evidence your age.

3. Health and Safety

3.1 By signing the 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 FRQ 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 FRQ 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. FRQ 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 FRQ 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 FRQ in respect of health and safety (failure to do so may lead to immediate disqualification, at FRQ’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 FRQ are paramount and FRQ 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 FRQ to do so. In particular (without limitation), FRQ 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 FRQ). 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 FRQ 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 FRQ. 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 FRQ (failure to do so may lead to immediate disqualification, at FRQ’S direction).

4.4 Incomplete or indecipherable entries will be void (in FRQ’s absolute discretion).

4.5 FRQ 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 FRQ’s question compilers shall be taken as correct.

4.7 Late entries will not be accepted (in FRQ’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 FRQ’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

4.10 FRQ’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, FRQ 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 FRQ’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 FRQ’s  to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, FRQ’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 FRQ 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 FRQ, 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 FRQ 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 FRQ forthwith upon discovery by FRQ.

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. FRQ may, in its sole discretion, substitute a reasonable alternative for any of the prizes at any time.

6.2 FRQ 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 FRQ. 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 FRQ. 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 FRQ’s reasonable control FRQ 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 FRQ 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 FRQ 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 FRQ 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 FRQ competition prize or promotional giveaway is being provided by a third party and not FRQ, then in the event of the said third party being unable to provide the prize for reasons outside the control of FRQ, FRQ 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, FRQ 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.  FRQ 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 FRQ, 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 FRQ.

10. Publicity

10.1 Winners must as a condition of the prize participate in all required publicity.

10.2 You shall not without the specific prior written consent of FRQ 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 the Participant’s involvement therein shall vest exclusively with FRQ.

10.3 You agree to undertake as requested by FRQ all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of FRQ in perpetuity.

10.4 You hereby grant and assign to FRQ (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in 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”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for FRQ  to 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 to licence any other persons to do so, in each case for such purposes as FRQ may in its absolute discretion determine.

10.5 Without limitation to any other rights under this Agreement, FRQ shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

11. Intellectual Property

11.1 In the case of competitions which require you to submit audio recordings you grant to FRQ the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by SPIN 1038 of the audio recording submitted will not infringe any third party rights and shall indemnify FRQ for any loss, damage or liability arising in connection therewith.

11.2 You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.

11.3 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 FRQ for its own use (in its absolute discretion).

12. FRQ – exclusion of liability

12.1 FRQ 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 FRQ or death or personal injury arising out of such negligence.

12.2 FRQ 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.

12.3 FRQ 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.

13. General

13.1 You undertake the Competition at your own risk and agree to indemnify FRQ 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.

13.2 There is no fee payable to you in respect of your involvement in the Competition.

13.3 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.

13.4 FRQ 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 FRQ or death or personal injury arising out of such negligence.

13.5 FRQ 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.

13.6 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 FRQ may be accessed by third parties. FRQ accepts no liability in such cases.

13.7 These Terms shall be governed and construed in accordance with Irish Law.

13.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by FRQ) 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 FRQ. 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.

13.9 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.

13.10 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.

 

Mobile Application Privacy Policy

December 2012

MMA MOBILE APPLICATIONORK

MMA MOBILE APPLICATION

This privacy policy governs your use of a software application “FRQ App”on a mobile device that was created by “Communicorp Digital”

This document explains how Communicorp Digital processes information about you which is personally identifiable (“your information”) when you use the FRQ Application.

Communicorp Digital is registered as a data controller for the purposes of the Data Protection Acts 1988 and 2003. If you have any queries about how we use Your Information or have a complaint, please contact us.

Mobile Advertising:

Advertisements track whether there has been an engagement with the advert.

However, it does not track it down to individual level.

In the case of certain adverts such as iPolls the ad will track whether your mobile device was previously used to vote in the iPoll. It does not track which way you voted.

Data capture in mobile:

The data to be collected for advertisements featuring competitions is defined by the advertiser. The competition entry form will clearly identify the information that is required from you for that competition.

It is the user’s decision to supply the information and determine whether you wish to proceed with your entry into the competition.

Full terms and conditions applying to the competition and the capture of your data will be displayed on the competition entry form.

User Provided Information

The rich social features of the application require the use of a large set of Facebook functionality. The application seeks your consent to access and use your information from Facebook using the standard mandatory Facebook authorization process.

When entering a Competition within the Application you may be asked to provide all/any of the following:

(a)   Name

(b)  Email Address

(c)   Telephone No.

(d)  Postal Address

(e)   Age where legally required i.e. Alcohol brand

 

Automatically Collected Information

In addition, the Application may collect certain information automatically, such as:

(a)   Type of mobile device you use

(b)  Your mobile devices unique app installation ID

(c)   IP address of your mobile device

(d)  Your mobile operating system,

(e)   Type of mobile Internet browsers you use

(f)   Information about the way you use the Application or analytics

 

Does the Application collect precise real time location information of the device?

This Application does not collect precise information about the location of your mobile device.

 

MMA MOBILE APPLICATION

Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

(a)   To any suppliers and subcontractors in order to fulfil the service

(b)  If we are under a duty to disclose or share your information in order to comply with any legal obligation or in order to enforce or apply the User Terms as applicable and other agreements;

(c)   To third parties for marketing purposes only where you have consented to this.

(d)  If Communicorp Digital is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information

(e)   This Application is free and supported via advertising, and collects data to help the Application serve ads e.g. whether you are using an iOS or Android device

MMA MOBILE APPLICATION

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us here and we will respond in a reasonable time.

Please note that some or all of the User Provided Data may be required in order for the Application to function properly, and we may be required to retain certain information by law. 

Access to your information and corrections

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of such information, please contact us. You may ask us to correct or remove information you think is inaccurate by contacting us. We hope you will be happy with the way we handle your information but if not you have the right to complain to the Office of the Irish Data Protection Commissioner – for more information visitwww.DataProtection.ie.

Security

Communicorp Digital is concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain.

For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason.

We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here

You are advised to consult this Privacy Policy regularly for any changes.

Your Consent

By using the Services, you are consenting to our processing of User Provided and Automatically Collection information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or

using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the Republic of Ireland (ROI). If you reside outside the ROI your information will be transferred to the ROI, and processed and stored there under the ROI privacy standards. By using the Application and providing information to us, you consent to such transfer to, and processing in, the ROI.

Contact us

(a)   If you contact us, we may keep a record of that correspondence;

(b)  Any other information provided by you pursuant to your use of the FRQ Application.

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us here.

Facebook Competitions

 

Winners will be selected at random from entries submitted for facebook competitions, through an app on the FRQ page, or on the FRQ facebook page itself. Information submitted will only be used by FRQ to contact the selected winners regarding their prize. Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook.

   

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