Competition Terms and Conditions

1. Competitions are open to residents of Malta and Gozo only.

2. Employees of 89.7 Bay, Eden Leisure Group, their families and peers, agencies, or anyone else directly connected with the competition are not eligible to enter.

3. By entering any competition all participants will be deemed to have accepted and be bound by the rules. All entry instructions form part of the rules. You may only enter a competition as an individual; any entries that, in Bay’s view, have been made via a syndicate will be disqualified. Also, any entries made via any sort of software or machine enabling multiple entries will be disqualified.

4. All prizes are subject to availability. Eden Leisure Group, operators of Bay will not be held responsible for any delays, postponements or cancellations by third party entities. There will be no cash alternative.

5. The decision of the Bay judges is final and no correspondence will be entered into. Callers are not necessarily entitled to participate in the on-air competition and will not necessarily appear on-air in the order in which they are called. Bay is not obliged to reimburse callers for telephone charges. Entry into the competition is deemed as an agreement to take part in publicity accompanying such competitions or resulting from the competition. Responsibility cannot be accepted for entries lost, damaged, or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt. You must enter all competitions using your legal name only.

6. Trips abroad will only be issued in the name of the winner (and chosen guest in case of with partner) and cannot be transferred and no cash alternative will be offered travel dates cannot be changed and do not include insurance unless stated at the time of competition and trips abroad are only open to people aged 18 years and over. Source material utilized by our question compilers will be taken as correct.

7. Bay reserves the right to disqualify anyone entering a competition using a false name or providing false information. In the case of a prize draw, the first correct entry drawn will be the winner. Entries will become the property of Bay and will not be returned. Entry into the competition is free, (apart from text or call costs which Bay does not pay) and Lottery and Gaming regulations do not apply.  Bay reserves the right to refuse participation in any of its competitions to past winners.

8. No liability will be accepted on the part of Bay, its co-promoters or agents for any loss, illness or injury resulting directly or otherwise from participation in any competition or promotion. No liability on the part of Bay, its co-promoters or agents will be accepted for any action, civil or otherwise, taken against individual participants in the promotion. Entrants into the promotion have no claim whatsoever to any intellectual or other property connected to any promotion, which remains in the sole ownership of Bay. No promotional activity with any third party can be undertaken by any participant, before or after the promotion, without the express written consent of 89.7 Bay.

9. Collusion with other participants is strictly prohibited and may result in immediate disqualification. Entrants may be required to take part in future promotional activity exclusively for Bay before/during and/or after the promotion in connection with the promotion. 89.7 Bay will not be liable in the event of telephone or text message entries that are not received as a result of network incompatibility, technical faults, bad spelling or otherwise.

10. Text messaging or call charges incurred as a result of entry to a competition will be paid for by your mobile phone service provider and will be detailed, on your mobile phone bill. Permission of the person who pays the bill is always required before sending a text message or telephoning the competition line. In the event that a telephone call for a competition is disconnected or unanswered for any reason before or during the competition, Bay reserves the right to select another entrant. Bay reserves the right to amend these Terms and Conditions without notification.

Website and Bay Player (app) terms and conditions

1.USE OF WEBSITE

This website (“site”) is a website owned and operated by Eden Leisure Group Limited (“Bay Radio”, “we”, “us” or “our”), a Maltese company registered under company number C4529, with its registered office at Eden Place, St George’s Bay, STJ 02, Malta.

These terms and of use (“Terms”) (together with the documents referred to herein) set out the terms on which you may use our Site together with the radio player which is accessible via our Site (“Bay Player”). Please read these Terms carefully before you start to use our Site or Bay Player. By using or accessing our Site or Bay Player (whether you access the Site or Bay Player on your computer or on a handheld mobile device), you agree to be legally bound by these Terms. If you do not agree to be bound by these Terms, please do not use our Site or Bay Player. Our (“Privacy Policy”) privacy policy explains how we use your information and forms part of these Terms.

2.INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the content of our Site and Bay Player (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Bay Radio (and/or our licensors) own the Content. Nothing in these Terms grants you a right or licence to use the Content except as expressly provided herein.

Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use our Site and/or our Bay Player and to view, download for caching purposes only and print pages from our Site for your own personal or domestic use.

3.RULES OF ACCEPTABLE USE

Use of our Site and/or Bay Player that is inconsistent with these stated purposes is strictly prohibited. Your use of our Site and/or Bay Player is subject to the following rules which, by your use our Site and Bay Player, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):

You must not:

– use our Site and/or Bay Player for any illegal or unlawful purpose;

– use our Site and/or Bay Player for any purpose other than your own private or domestic purpose;

– alter, adapt, modify, copy or create a derivative work from our Content.

4.RULES FOR USE OF BAY PLAYER

We reserve the right to edit or remove without notice any Content on our Site and/or Radio Player, for any reason whatsoever.

Bay Player is strictly available for your non-commercial use only. For licensing reasons, it should only be accessed and used from your personal computer (or if you are accessing it from a handheld portable device) you should only use the functionality that enables you to pause and replay our radio simulcasts in your own home.

5.COMPETITIONS

Competitions and other promotions are subject to additional terms. Please view the general terms and conditions (available at Competition Terms and Conditions) which apply to all of our competitions and which specifically form part of these Terms (“Competition Terms”). The Competition Terms may be varied or supplemented by Additional Terms specific to each particular competition or promotion. Any Additional Terms will be brought to your attention when appropriate and prior to you submitting your entry.

6.YOUR PERSONAL DATA

With some services offered on our Site it may be necessary for you to provide some personal information to us. We will keep your personal information secure and will use it only in accordance with our Privacy Policy. All personal information held by us will be held in accordance with the terms of applicable data protection laws.

7.LINKING TO OUR WEBSITE

We welcome ‘hot links’ and deep-links to our Site and/or Bay Player, by which we mean that you may include a link to any page of our Site or Bay Player on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent.

8.FEEDS TO OTHER WEBSITES/RSS

If you operate your own website, you can display the latest headlines from other websites on your own site using RSS. We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our Content appears. You may not use any Bay Radio logo or other trademark alongside the RSS feed.

We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.

9.THIRD PARTY LINKS

Our site may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.

Third party links do not imply that Bay Radio endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links; third party links are provided to you for convenience only.

10.COMPLAINTS

We have the right (but not the obligation) at our sole discretion to remove any Content on our Site and/or Bay Player without the need to give any reasons for doing so.

Notwithstanding the foregoing, you can report any abuse or complain about any Content on our Site and/or Radio Player by sending an email to [email protected] outlining your complaint.

11.NOTICE AND TAKEDOWN

If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to [email protected] which states:

i. that you are the rights owner or are authorised to act on the rights owner’s behalf;

ii. that you have identified Content on our Site and/or Bay Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content in the manner complained of is not authorised by you, the rights owner’s agent or by law;

iii. a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;

iv. a description of the way in which the copyright material has been infringed;

v. information reasonably sufficient to permit us to locate the Content in question on our Site or Bay Player (including a URL specifying the date our Site and/or Bay Player was accessed and/or a screen shot);

vi. information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);

vii. your electronic or physical signature (which may be a scanned copy); and

viii. that the information in the notification is true and accurate.

We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the Content, or whether there has been an infringement of your rights.

12.ADVERTISING AND SPONSORSHIP

Our Site and Bay Player may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site and/or Bay Player complies with applicable law and regulation. Bay Radio does not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.

13.TERMINATION AND SUSPENSION

We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our Site or Bay Player) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our Site or Bay Player at any time if you breach these Terms.

Notwithstanding the above, we will try to warn users that their access to our Site and/or Bay Player and/or their membership may be suspended or terminated.

14.DISCLAIMER

You use our Site and/or Bay Player and the services offered by us at you own risk. Our Site and/or Bay Player, the Content, and other services offered by us are provided “as is” and on an “as available” basis. The Content and information displayed on our Site and/or Bay Player is provided without any warranties as to its completeness or accuracy.

We do not guarantee that our Site and/or Bay Player, the Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.

To the fullest extent permitted by law, Bay Radio (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Bay Player, including, without limitation, any liability for:

i. loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;

ii. wasted management or office time; and

iii. any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.

15.INDEMNITY

You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Site and/or Bay Player, the Content or any services offered by us, or arising from any breach of these Terms by you or your violation of any law or third party rights.

16.VARIATION

We reserve the right to vary these Terms at our sole discretion. Such variations become effective immediately upon the posting of the varied Terms on our Site. By continuing to use our Site and/or Bay Player you will be deemed to accept such variations. Please check our Site regularly to ensure you are familiar with the current version of the Terms and our Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms, you should stop using our Site and our Bay Player and the services offered by us immediately.

17.SEVERABILITY

If any term of these Terms is held to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the remainder of these Terms shall remain valid and enforceable.

18.EXCLUSION OF THIRD PARTY RIGHTS

These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to them.

19.ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Competition Terms and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our Site and/or Bay Player and supersede all previous agreements in respect of such use.

20.LAW AND JURISDICTION

These Terms are governed by Maltese law, and any disputes will be subject to the exclusive jurisdiction of the Maltese courts.

These Terms were last updated in October 2025.