"The Bong Game” on the Capital Network, November - December 2024 – Specific Rules

29 November 2024, 07:40

**Please note these Specific Rules and the General Promotion Terms and Conditions were updated and came into effect on Friday 15th November 2024. Please see Clause 18 for updated terms regarding eligibility**.

1. The “Capital Breakfast’s Bong Game” promotion (‘Promotion’) is organised by Global (as defined in the General Terms and Conditions). The Promotion will run from Friday 29th November to Friday 6th December 2024 on the Capital Network. Global is the Promoter. The Promotion will not run on the Capital Dance, Capital Chill or Capital Scotland services. The Promotion may also be promoted to the Capital Text Club, other recipients of SMS marketing messages, and via Global’s various media channels, such as email newsletters and social media.

2. IMPORTANT: THIS PROMOTION IS ONLY OPEN TO RESIDENTS OF THE UNITED KINGDOM AND WHO ARE BASED IN THE UNITED KINGDOM AT THE TIME OF ENTRY. The Promotion is subject to these Specific Rules and the General Terms and Conditions which are available here (together, the ‘Promotion Terms and Conditions’). Entry into the Promotion constitutes acceptance of these Specific Rules and the General Terms and Conditions.

Details of the Promotion:

3. There are two ways to enter the Promotion:

a. By phone call (‘Free Entry Route’)

b. Via SMS Text Message

4. You must enter any given round of the Promotion during the correct entry window (‘Entry Window’). Each Entry Window is displayed in the table below:

5. Entry via phone call (Free Entry Route)

5.1. To enter the Promotion by phone call, you must call 03308809112 from a valid UK mobile phone number, following the instructions given via the phone line.

5.2. You must complete the phone call during the Entry Window.

5.3. Phone calls from the UK are charged at your standard network rate only. This is not a premium rate phone call. You must have permission from the bill payer before entering the Promotion.

5.4 Bulk, automated, machine assisted, third party, syndicate or other group entries are prohibited and we will disqualify any entries (and withhold or reclaim any associated prize from you) which, in our reasonable opinion, appear to have used any of these entry methods or, for example (without limitation), entries or votes that have been made from the same IP address, email address, postal address, telephone number, or similar or entries which we, at our sole discretion but acting reasonably, consider to be suspicious or fraudulent.

5.5. You may not withhold your phone number when you call and you must use the same phone number across the entire Promotion period, regardless of your entry method. It is a breach of our Promotion Terms and Conditions to use multiple names and/or phone numbers to enter our Promotions and we reserve the right to disqualify your entry(ies) and/or withhold or reclaim any prize from you if we know or have reason to believe you are doing or have done this.

5.6. We also reserve the right to disqualify your entry(ies) and/or withhold or reclaim any prize from you if we know or have reason to believe that you are making or have made multiple entries by phone by using a computer system, using automated dialling technology or by any other method which could or does result in you exceeding the maximum number of entries permitted under these Specific Terms.

5.7. If we know or suspect you are trying to enter or have entered this Promotion by using more than one phone number or if we know or suspect you are using variations of your name, we reserve the right to disqualify any relevant entry(ies) and exclude you from this Promotion and also permanently exclude you from entering any of our Promotions.

6. Entry via SMS Text Message:

6.1. To enter the Promotion, you must send a text message starting with the keyword CASH to 83958 (the “Text Message Line”).

6.2. Text messages will be charged at £2 plus one standard network rate message. The text system may not recognise any other format of the keyword.

6.3. On entering the Promotion by SMS, you will receive a text bounceback which confirms your entry.

7. With regard to entries charged to a mobile phone:

7.1. We are not responsible for any latency experienced by your mobile phone network, which may delay the delivery of messages and/or charges to and/or from us.

7.2. We are not responsible for erroneous entries which may occur through a mobile phone network or handset error.

7.3. As this is a Premium Rate Promotion, it is your responsibility to ensure you have sufficient credit on your phone to pay for this. In the event you enter and have insufficient credit to pay for your entry/entries, payment may be taken at a later date.

Selection to participate:

8. Once the Entry Window has closed, one entry will be selected at random from all the entries received via the Text Message Line and the Free Entry Route. The selected entry must be eligible and not have been made in breach of the Promotion Terms and Conditions. If the entry belongs to you, one of our representatives will call you on the telephone number on which you entered the Promotion and it is this number you will need to use to continue to play the game on air. Please note, we will not be able to call you back on another number and we reserve the right to ask you to confirm your telephone number when we call you back. If you are unable to confirm your telephone number and we know or have reason to believe that you have breached the Promotion Terms and Conditions, we reserve the right to disqualify your entry(ies), select another entrant to participate in the Promotion and/or withhold or reclaim any prize from you, as applicable.

8.1 Before being taken to air we reserve the right to ask you to answer participation entry questions to ensure you are eligible to play in accordance with the Promotion Terms and Conditions. This call will be recorded and may be used for monitoring purposes and/or as evidence should we have reason to believe there has been a breach of the Promotion Terms and Conditions or if we find any inconsistencies in the future. If your entry is ineligible, either at the time of being taken to air to play or later once we have your full details, we reserve the right to disqualify your entry(ies), select another entrant to participate in the Promotion and/or withhold or reclaim the prize from you and select another entrant, as applicable. It is your responsibility to make sure you give us clear and truthful answers to our eligibility questions.

9. If the selected entry belongs to you, you will be asked to have a call with a presenter(s). That call will either be broadcast live or pre-recorded for future broadcast. You must answer your telephone when we contact you (on the telephone number on which you entered). We may only call you once. Someone else cannot answer the phone, participate or accept a prize 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; or (v) you are not (or do not seem 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 Promotion, you may be disqualified and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable. If you have complied with all applicable terms and conditions, and if you are successful (including correctly answering any questions and/or successfully completing any tasks, as applicable), then you will play the Promotion, on-air as per clause 10 for the chance to win a cash prize.

10. If you are randomly selected to play the Promotion on air, you will hear ascending cash amounts played out. You must shout STOP before the bong sound effect is played in order to win the last cash amount that was read out. However, if the bong sound effect plays out before you shout STOP you will win nothing. Please note, the number of cash amounts may vary each day, and we will play a minimum of one cash amount on air before the bong sound effect plays. The amount of time between cash amounts may vary. For the avoidance of doubt, if you shout STOP at the same time as the bong sound effect is played, you will win nothing. The producer’s decision about whether an entrant has won is final and no discussion will be entered into on this matter.

11. Unless otherwise expressly stated, each Promotion round is a separate round, and the Text Message Line and Free Entry Route will be re-set after each round.

12. If we consider it necessary to do a re-run of a round of the Promotion, we will select an entrant at random from all the original entries received via the Text Message Line and the Free Entry Route for the relevant round (excluding any ineligible entrants). The re-run will take place off air as soon as is practicable. The Promotion Terms and Conditions will apply in full to the re-run.

13. We may publish and publicise your name, image, social media handle and/or profile picture, your nearest geographical location (for example, your nearest city, town or county) and your entry, and we may refer to your association with the Promotion and/or the prize, in any and all media, worldwide, in perpetuity, for publicity and PR purposes solely in connection with the Promotion.

14. In relation to winners (and runners up if applicable), you understand that we may interview you and your guest(s)/travel companions(s) which we may film, photograph and/or record and; (ii) film, photograph and/or record, you and your guest(s)/travel companions(s) in connection with the Promotion either by telephone or in person and we may use such films, recordings and/or photograph(s) 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 Promotion. We may also publish your and your guest(s)/travel companion(s) name, image, social media handle and/or profile picture.

15. We may also contact you up to six months after the date you are notified of your win to interview you retrospectively about your win and what you spent the money on. We may publish this interview on our websites and/or social media channels, along with any further photographs, videos and/or voicenotes that you may provide us with.

16. By entering the Promotion, you are requesting that we process your entry into the Promotion immediately. We complete the entry process immediately following receipt of your entry and therefore you acknowledge that once you enter the Promotion you will lose any right you may have to cancel your entry and receive a refund (whether under the Consumer Contracts Regulations 2013 or otherwise).

Eligibility:

17. The Promotion is only open to residents of the United Kingdom aged 18 and over, and who are based in the UK at the time of entry. For the avoidance of doubt, the Promotion is not open to residents of the Isle of Man or the Channel Islands.

18. Only one name and telephone number may be used by you in relation to this Promotion. The use of multiple names, telephone numbers and/or devices is a breach of our Promotion Terms and Conditions and we reserve the right to disqualify your entry(ies) and you will forfeit your prize should we know or have reason to believe that you attempted to use or did use more than one name, phone number and/or device to enter this Promotion. It is also prohibited for anyone else to enter the Promotion using the same phone number including household members or friends. If you win a cash prize of any value in this Promotion, you will then be ineligible to play "The Bong Game" on Capital for 6 months, including bursts of "The Bong Game" that are covered by a different set of Specific Rules. If you are brought to air to play and we later discover that you were ineligible, we reserve the right to remove any prize from you, as applicable.

19. Before transferring any winnings to you we reserve the right to request Photo ID (such as your passport or driving licence) and confirmation that the telephone number you entered on belongs to you and proof of your home address (such as a phone bill with your name, address and telephone number on). You agree and understand that should you win a cash prize you may be required to provide these to verify your eligibility. If you fail to provide the requested information and we are unable to verify your eligibility, we reserve the right to withhold any prize from you.

20.Entries

20.1 Only one entry via SMS text message is permitted per round (i.e. per each individual Entry Window) (£2 + standard network rate charge); any additional entries via SMS text message above this limit will be excluded from the Promotion.

20.2 Only one entry via the Free Entry Route is permitted per round (i.e. per each individual Entry Window); any additional entries via the Free Entry Route above this limit will be excluded from the Promotion.

20.3 If we know or have reason to believe you are or may be entering the Promotion using multiple names, phone numbers and/or devices in order to circumvent the maximum entry limit we reserve the right to disqualify your entry(ies) and/or withhold or reclaim any prize from you.

20.4 You may make entries via both SMS text message and via the Free Entry Route to the applicable limit of each method of entry.

21. You may only win one cash prize throughout the duration of the Promotion and any further consecutive runs of this promotion and we reserve the right to withhold or reclaim any second or subsequent prize for the duration of that Promotion and any entry fees will not be refunded. Any runners up prize awarded, such as a Capital hoodie will not count towards your one cash prize allocation during this Promotion.

Prize:

22. Where a prize is won (as per the process in clause 10), the prize available for each round will be a cash prize. This cash prize will be a minimum of £100 and each day the presenter will announce on air what the entrant could have won should he/she not win that round’s maximum amount.

23. If you provide all necessary details via the method directed by 4pm of the day that you win a Promotion round, we will aim to initiate the transfer of funds on the same day, in our discretion, otherwise will aim to do so on the following working day. If you provide all necessary details on any other day, we will aim to initiate the transfer of funds the next working day after those details are received by us. You must provide all necessary details via the method directed within 28 days after the original request to do so otherwise the prize will be forfeited at our discretion. We reserve our right to delay payment whilst the details provided by you are verified, as applicable.

24. The prize is non-transferable and non-refundable.

25. We reserve the right to substitute the prize with another prize of equal or greater value at our absolute discretion.

26. Entrants who play the game on air but don't win a cash prize will win a Capital hoodie. Exact choice of hoodie style or size may not be available.

27. We are registered with the Phone-paid Services Authority (“PSA”): registration number ORG832-96388-41101. For all enquiries in connection with the Promotion please contact our customer support team at https://global.com/contact/.

Data Protection:

28. Your personal data that you provide to us will be collected and processed by us, 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 Promotion. Your 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.

29. By entering a Promotion, you acknowledge that any personal data provided by you in connection with the Promotion 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 entering any Promotion. If you are required to submit a guest(s)/travel companion(s) personal data to enter a Promotion, you must ensure that your guest(s)/travel companion(s) have given you consent to provide us with their personal data.

30. When you enter a Promotion, you will be asked if you want to opt-out of marketing for same or similar Global Promotions. You may also be asked if you want to opt-in to additional marketing from us when you enter a Promotion. As the case may be, if you choose to not opt-out and/or opt-in, we will use your personal data for marketing purposes (see Global’s Privacy Policy for more details). You can withdraw your consent to marketing at any time by unsubscribing.

31. We and the prize providers may transfer and process personal data outside of the EEA and UK for the purposes of administering the Promotion. Where any transfers are made outside of the EEA or UK we will ensure appropriate safeguards to protect your personal data are in place.

32. We will hold your personal data for a period of up to 3 years in order to comply with our regulatory obligations.

33. 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 prior to the conclusion of a Promotion, you will forfeit your right to enter the Promotion and/or claim any prize and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.