Official Top 40 App

Samsung Galaxy SIII Competition

Terms and Conditions

MusicQubed Limited (whose registered number is 07156519 and whose registered office is c/o Shelley Stock Hutter LLP at 1st Floor, 7 – 10 Chandos Street, London, W1G 9DQ, United Kingdom) is the company operating and promoting the competition (the Company).

These terms and conditions are between the Company operating and promoting the competition, and you, the entrant.  By entering in to the competition, you are deemed to have automatically accepted these Terms. We therefore recommend that you read these Terms carefully before entering in to the competition, and if you do not accept these Terms, you should not enter in to the competition.

By agreeing to these terms and conditions, you confirm that you are 18 years of age or older, or that you are 12 years of age or older and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in the UK and shall comply with any territorial restrictions and that any registration information that you submit to the Company is true, accurate and complete, that you will update such information in order to keep it current and that you agree to be bound by these terms and conditions (as may be amended from time to time on notice to you) and any privacy policy published from time to time. Please find details of our Privacy Policy here.

The Company may, at its own discretion, choose to share the any personal information as with its content providers or 3rd party partners (such as Samsung or any record companies who have provided any content to the Company). Any information shared with the foregoing will strictly be on an anonymous basis and subject to the Company’s privacy policy.

  • If entrants are under 16 they should get their parent or guardians consent to enter.
  • The competition is not open to the company, its agencies, employees or anyone else professionally connected to the company.
  • No purchase is necessary.  No cash alternatives are available for any prize.
  • The promotion is not sponsored or endorsed in any way by Facebook, Twitter or any other platform for delivery.  Any questions, comments or feedback should be addressed to the company at support@MusicQubed.com.
  • Continuous access to any services provided by the Company is not guaranteed.
  • Entrants must comply with the Facebook / Twitter / Samsung, or any other relevant terms and conditions for their chosen entry method.
  • Entrants must not state anything defamatory, offensive, violent, sexually explicit or otherwise illegal or objectionable.
  • The laws of England govern these Terms and we and you both agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute arising out of these Terms.
  • Our liability to you
  1. We will be liable to you if you are injured or die as a result of our negligence in the provision of the competition. We do not seek to limit or exclude our liability to you in such circumstances, whether under this paragraph 9 or in any other way, nor do we seek to limit or exclude any other liability which, as a matter of law, we cannot limit or exclude.
  1. We will have no liability to you of any sort (whether in contract, negligence or otherwise) for:
(i) any special, punitive or incidental damages or for any loss that is not reasonably foreseeable when our provision of the competition, or any of the Company’s services to you starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit (actual or anticipated) or savings that you expected to make, wasted expenditure or for any indirect or consequential loss of any kind;
(ii) the acts or omissions of any third party providers of telecommunication services or for any faults in (and/or any failures of) any of their networks, services and/or equipment;
(iii) any data loss that occurs to the entrant connected in any way to the competition or the Company’s services;
(iv) any damage to any hardware, software or data (including your own data) stored or used in connection with the competition, or any of the Company’s services, to you including, without limitation, the cost of repairing, replacing or recovering the same;
(v) any loss or damage suffered or incurred by you as a result of any performance or communication failure, operational delay, error, omission, interruption, deletion, defect, computer virus or security breach arising in connection with the provision of all or any part of the competition, or any of the Company’s services;
(vi) any threatening, defamatory, obscene, offensive or illegal data or other content which is or becomes available or accessible as a result of your use of the competition, or any of the Company’s services; or
(vii) the conduct of any third party or any infringement of any third party’s rights (including intellectual property rights) arising out of your use of all or any part of the competition, or any of the Company’s services.
  1. Any other liability to you of any sort (including any liability to you for negligence), arising in relation to our provision of the competition, or any of the Company’s services, to you, is limited to GBP1,000 for any single event or related series of events and to GBP5,000 for all events in any twelve (12) month period.
  1. The Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the competition or the Company’s service or any hyperlinked website, or featured in any banner or other advertising. The Company will not be responsible for any transaction between you and third-party providers of products or services advertised on or through the competition or the Company’s service. You should use your own judgment and exercise caution where appropriate in deciding whether to enter into any transaction with a third party. No advice or information whether oral or in writing obtained by you from the Company shall create any warranty on behalf of the Company in this regard.
  • Intellectual property rights

The Company’s services and the competition and each part or element of each of the same, including any and all related content, images, text, software, source code and object code, all of our proprietary intellectual property rights, any know-how or works arising in connection with the Company and its services and any and all other information or data (in whatever form or medium and including all copies thereof) related to the the Company’s services, the competition and/or our business is, and will at all times remain, our sole and exclusive property.  You undertake to us that you shall not copy, reverse engineer, decompile, dis-assemble, sell, lease, license or sub-license the Company’s service, or any content provided to you by the Company, through the completion or otherwise.

  • Each provision of these terms and conditions operates and applies separately and survives independently of the others.  If any provision (or any part of any provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall nevertheless remain applicable and in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if part of it were to be deleted or otherwise modified, the provision shall apply with whatever deletion or other modification is necessary to give effect to the commercial intention of the parties.
  • To enter this competition and get the chance to win a Samsung Galaxy SIII, you must do one of the following things.
  1. Download the Official TOP40 Chart App from the Google Play store link provided. (This is tracked by click throughs and associated user accounts in the application)
  2. Follow @TheTOP40App (link provided) and re-tweet something tweeted from this account in the last 7 days. (This is measured by click throughs and associated user details tracked on Twitter.)
  3. Refer a friend (Link provided). (This is measured by click throughs and emails sent to a musicqubed account showing the user who has referred the competition to a friend.
  • The opening and closing dates of the competition.
  1. The Competition starts as of the 4th September 2012 and ends on the 30th September 2012.

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