Nominate Someone You Know For Something Special

1. INTRODUCTION

1.1. In these Programme Participation Entry Terms and Conditions, “we”, “us”, “our”, and “Global” all mean Global Media Group Services Limited (registered company number: 03296557). We are the producers of Capital Breakfast with Jordan North, Chris Stark, and Sian Welby (the “Programme”) which is broadcast between 6.00am – 10.00am weekdays on Capital. Our address is 30 Leicester Square, London WC2H 7LA.

1.2. By completing and submitting an Entry Form at capitalfm.com for the Programme (the “Entry Form”) and by nominating someone aged 18 or over (the “Nominee”) you know, who deserves something special and to take part in the Programme you agree to these terms and conditions (the “Terms and Conditions”).

1.3. Our employees, agencies, licensees (which include Communicorp UK Limited and its subsidiaries), freelancers, contractors (and those of any of our Promotion Partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Programme, are excluded from participating in the Programme (“Excluded Individual(s)”).

1.4. When you submit your Entry Form the Terms and Conditions will be legally binding on you so please make sure you read these Terms and Conditions carefully to make sure you are completely happy with them before you submit your Entry Form.

2. GENERAL

2.1. These Terms and Conditions relate to your submission of an Entry Form for you and/or a Nominee to take part in the Programme and will form part of your registration.

2.2. Participation in the Programme may involve attending our Capital studios in Leicester Square in London, being available on the phone, video call or being available for some other form of in-show moment. Depending on the nature of the in-show moment we may be able to cover reasonable travel expenses, but this will be agreed in advance with you before confirming participation.

2.3. The in-show moment may have a surprise element to it such as recognising someone as special to a wider audience, demonstrating someone’s gratitude or highlighting someone’s achievements. There are no specific parameters on how or what this in-show moment will be and it is likely to change each time depending on the submissions received.

2.4. Entry Forms put forward to the next stage of the selection process will be selected at our sole discretion and involve a decision by the Programme production team.

2.5. Please be aware that by registering and/or submitting an Entry Form and/or receiving a phone call and/or any other correspondence from a member of the Programme production team and/or attending any studio recording days doesn’t mean that you and/or the Nominee will be appearing in the Programme. All participants in the Programme will be selected at our sole discretion and you accept that by submitting your Entry Form that such decisions shall be final and that there will be no right of appeal against any decisions taken by us on this matter.

2.6. When submitting an Entry Form you must provide us with your real name. We may publish your name, nearest geographical location and other details where relevant. If you do not want your real name to be disclosed to the wider public, please let us know in advance. If you fail to provide us with your real name, you may not be allowed to participate in the Programme, at our discretion, and we reserve the right to select another entrant for the in-show moment, as applicable. On the Entry Form you will also be asked the following, for your email address, contact number, who are you nominating, the nominee’s name, nominee’s town, the relationship to your nominee, why are you nominating them and if there’s one thing that would make their year, what would it be?

2.7. You must, where relevant, ensure you answer your telephone when we phone you. Someone else cannot answer the phone or participate on your behalf. If: (i) you fail to answer the phone; (ii) someone else answers the phone; (iii) the call goes to voicemail; (iv) the call becomes disconnected; (v) you are not (or do not seem to us to be) in a position to safely and/or lawfully take or remain on the call (for example, if you are or seem to be driving), or (vi) you are not audible or intelligible or we are not able to conduct a conversation with you in a manner that is suitable for broadcast for any reason beyond our control (including, but not limited to: low/no signal on your device, a call is dropped by any network, you are travelling, there is too much background noise or feedback, etc.); before or during the Programme, you may be removed from the Programme and we reserve the right to select another entrant to participate, as applicable. Also, if you are a selected participant, we will only call you back on the same number – we will not call you back on a different number, so be sure to use your own, valid number. Failure to do so may result in disqualification or forfeiting any right to appear in the Programme.

2.8. You may only submit one Entry Form into the Programme and no bulk, automated, machine assisted, third party, syndicate or other group submissions will be accepted. We will disqualify any submissions which, in our reasonable opinion, appear to have used any of these entry methods, for example, submissions from the same IP address, email address, postal address, telephone number, or similar or submissions which we, at our sole discretion but acting reasonably, consider to be suspicious or fraudulent.

2.9. If you are ineligible to take part in the Programme (e.g. because of age restrictions), your entry cannot be transferred to anyone else. If we find out that you are ineligible to take part, you may be disqualified and we reserve the right to select another entrant to participate in the Programme, as applicable.

2.10. In relation to participants (you and your nominee), you understand that we may: (i) interview you and your guest(s)/travel companion(s) which we may film, photograph and/or record and; (ii) film, photograph and/or record, you and your guest(s)/travel companion(s) in connection with the Programme, either by telephone or in person, and we may use such films, recordings and/or photographs for publicity and PR purposes in any and all media, worldwide, as often and for as long as we consider appropriate or desirable, in connection with the Programme. We may also publish your and your guest(s)/travel companion(s) name, image, social media handle and/or profile picture.

3.USE OF YOUR ENTRY AND/OR SUBMISSION

3.1. By submitting an Entry Form in relation to a Programme (including as part of the entry process) or if you tag or mention us directly or indirectly in any photo, video or other content (“Other Content”) in connection with the Programme, you agree that we can re-post, re-tweet, publicise and otherwise use that entry and/or Other Content in whole or in part (with or without any accompanying comments and information such as your handle and profile picture) for the purposes of the Programme participation and that we can do so via the same platform(s) that you posted or shared the entry and/or Other Content on, as well as via other social networks and platforms that we use, and on our websites. However, we’ll never sell or charge anyone for copies of your entry and/or Other Content (without your approval).

3.2. You will remain the owner of the rights (e.g. copyright) in your entry, and/or Other Content. By entering, you grant us an exclusive, worldwide licence (i.e. permission) to use the entry, and/or Other Content that you provide, as often and for as long as we consider appropriate or desirable. This means that only we will be able to use this and you will not be able to use the entry, Submission and/or Other Content with one of our competitors. You waive and agree not to assert your moral rights (e.g. the right to be named or credited) in relation to the same throughout the world, forever.

3.3. You guarantee to us that:

3.3.1 you own and control all of the rights in your entry and/or Other Content; your entry, and/or Other Content is not in breach of any third party intellectual property rights, moral rights, right to privacy, right to confidentiality etc., and you have the right to grant the rights set out in the Programme Participation Terms and Conditions;

3.3.2 you have obtained the prior written consent from anyone featured or mentioned in your entry, and/or Other Content;

3.3.3 your entry, and/or Other Content does not violate any applicable law or regulation or codes of good practice;

3.3.4 your entry, and/or Other Content does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;

3.3.5 your entry, and/or Other Content will not cause any kind of harm or damage and does not (to the best of your knowledge or belief) contain any virus, malware, spyware or similar;

3.3.6 you will reimburse us for any loss, damage or liability arising out of a breach of your guarantees set out above.

3.4 You will sign such document as we reasonably request, at no cost to us, to confirm any or all of the above.

3.5 Unless otherwise stated, your entry, and/or Other Content will not be returned to you.

4. YOUR OBLIGATIONS

4.1. If required by us, we may ask you to attend our Capital studios in Leicester Square in London for your and/or the Nominee’s continued participation in the selection process for the Programme on dates as shall be notified to you and you agree to use your best endeavours to fulfil such requirements.

4.2. You also confirm:

4.2.1. you comply, and where applicable, the Nominee also complies, with each of the eligibility requirements set out in the Entry Form (the “Eligibility Requirements”) and, if required by us, you will provide us with evidence to confirm any the information provided in your Entry Form;

4.2.2. you understand the nature and purpose of the Programme;

4.2.3. the content of your Entry Form shall be true, complete and accurate in all respects (or we may withdraw you and/or the Nominee from the Programme).

In all cases our decision shall be final;

4.2.4. to the extent you and/or the Nominee remain in contention for inclusion in the Programme, you will advise us of any information which might compromise or call into question the integrity of the Programme and/or which might impact our and/or Global’s reputation;

4.2.5. that nothing in your Entry Form will infringe any data protection laws, including the General Data Protection Regulation and the UK Data Protection Act 2018 (both as amended, replaced or repealed from time to time);

4.2.6. that nothing in your Entry Form will infringe any copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory, and/or otherwise bring us, the Programme, Global or any other party into disrepute; and

4.2.7. you will comply with all other relevant laws in connection with your submission of your Entry Form.

5. CONFIDENTIALITY

5.1 Unless otherwise agreed by us in writing, you shall keep any information, photographs or other material relating to your Entry Form confidential and shall not disclose it to any third party. The same applies to any information, photographs or other material we give to you and tell you to keep confidential.

6. DATA PROTECTION

6.1. Your personal data, and the personal data of any guest(s)/travel companion(s)/Nominee(s) that you or they provide to us, will be collected and processed by us and, if fulfilled, our licensees (including Communicorp UK Limited), as well as the prize providers and if applicable, our service providers, network operators and suppliers in order to administer and fulfil the Programme. Your and their personal data may also be disclosed to the Phone-paid Services Authority, Ofcom and/or the Advertising Standards Authority at their reasonable request for regulatory purposes, for example, in order to prevent, investigate and detect crime, fraud or anti-social behaviour and comply with law enforcement agencies and applicable advertising codes.

6.2. We rely on the journalism exemption to process your and your Nominee(s)’ personal data. We may hold your and your Nominee(s)’ personal data for a period of 1 year in order to comply with our regulatory obligations.

6.3. We and the prize providers may transfer and process personal data outside of the EEA and UK for the purposes of administering the Programme.

6.4. By submitting an Entry Form, you acknowledge that any personal data provided by you in connection with the Programme will be processed as set out above and in accordance with our Privacy Policy, which sets out full details of how we process personal data and how you can exercise your rights as a data subject. Please ensure you have read and understood our Privacy Policy before submitting your Entry Form.

6.5. You may request the removal of your personal details from our database by contacting privacy@global.com. If you request that your personal details be removed you will forfeit your right and your Nominee(s)’ right to be entered into this Programme feature and/or claim any prize and we reserve the right to select another entrant to participate in the Programme or withdraw the prize and select another entrant, as applicable.

6.6. If you are required to submit a guest(s)/travel companion(s)/Nominee’s personal data to take part in the Programme, you must ensure that your guest(s)/travel companion(s)/Nominee(s) have given you consent to provide us with their personal data for the purposes laid out in these Terms and Conditions.

7. OTHER RULES

7.1. For all enquiries in relation to this Programme feature or these Terms and Conditions, please contact customer.support@global.com.

7.2. We may amend, change or revise the Terms and Conditions at any time in our absolute discretion.

7.3. The Programme Participation Entry Terms and Conditions are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English courts.