Ref: RNST/CLS/MH/20100730/507
ITV REGIONAL NEWS TERMS AND CONDITIONS FOR SUBMITTING CONTENT
1. These Terms and Conditions shall apply to you if you send in information, a comment or question, or submit material including but not limited to photographs, videos, drawings and/or similar designs (“content”) in the format and via the method as specified in the ITV regional news programme (the “programme”), for use in the programme and/or on the website at www.itv.com/local (the ‘website’).
2. To be eligible you must be a UK resident aged 18 years or over unless permitted otherwise. Where it is permitted in ITV’s discretion, if you are under 18 years old, you must have parental permission before sending in any content, and in the event you are required to participate in the programme you must be accompanied by a parent or guardian.
3. Where specified, you may send in content via your landline phone, mobile phone devices (MMS), via email, post, the website, or via other method where specified. You are required to follow the instructions given to submit your content via the stated method(s). Failure to follow such instructions as stated will result in your submission not being considered.
4. You may submit content only once, unless otherwise stated in the programme and/or on the website. Where there is a limit on the number of times you may submit content, your submissions above that limit may be invalid and will not be considered.
5. Freephone submissions: Where stated in the programme and/or on the website, you may dial the freephone number as specified and listen to a recorded message asking you to leave your name and the name of the location you are calling from, along with your information, question or comment. There is no charge when dialling the specified freephone number from a BT landline but calls from other networks and from mobiles may be charged. The total charge where relevant will be dependent on your landline or mobile network provider. Please ask permission from the person who pays the bill before dialling. There will be no refunds for the cost of dialling or for any misdialled calls. You may submit content via the freephone number from anywhere in the United Kingdom unless stated otherwise in the programme and/or on the website.
6. MMS submissions: Where specified in the programme, you may send in your name and location, along with your content via MMS message to the shortcode as stated, with the keyword as specified as the first word of your message. The charge per MMS message is one standard MMS message plus one standard network rate SMS message. The total cost will be dependent on your mobile network. Where applicable, please ask permission from the person who pays the bill before dialling. There will be no refunds for the cost of sending in content via MMS and/or for any misdialled shortcodes or misspelt keywords. You may opt out of receiving any marketing communications from ITV in any bounceback message by adding the word NOINFO after the specified keyword. If you are submitting content via MMS you may also be offered the opportunity to subscribe to ITV’s mobile services. Before doing so, you should refer to the Terms and Conditions and Privacy Policy at www.itv.com/Termsandconditions/ITVMobileterms.
7. Email submissions: Where stated in the programme, you may send in your name and location, along with your content via e-mail to the specified e-mail address. There is no charge when sending in content via email, subject to your internet access charges. You may send in content via email from anywhere in the United Kingdom unless stated otherwise in the programme and/or on the website.
8. Postal submissions: Where stated in the programme, you may send in your name and location, along with content via post to the postal address as stated in the programme and/or on the website. There is no charge when sending in content via post, except sufficient postage must be paid. ITV is not responsible for any irregularities, industrial action, or other disruption in the postal service, and ITV will not be held liable in any such event.
9. ITV does not guarantee that your content will be considered for the programme and/or website despite being received.
10. ITV will not return or acknowledge any content sent in. It is recommended that you send in copies rather than original material.
11. Where relevant, content may only be accepted during the times as specified in the programme, and in such event any content submitted outside of these times will not be considered for inclusion in the programme and/or on the website, and you may be charged where applicable.
12. Submissions which are incomplete, incomprehensible, false, or not received are void and will not be considered but you may be charged where applicable.
13. By sending us your content, you agree that ITV can broadcast, publish and edit your content and pass it onto others for similar use by all means and in any media worldwide (including without limitation on the programme and/or on the website) in perpetuity, without any payment being due to you. Please do not submit content unless you accept this.
14. You must own the copyright of any content you submit. Your content will only be accepted if it is solely your work, and it includes no third party images or other third party content. By sending us your content you confirm that you will have not submitted any content which in any way infringes the rights of a third party, or which infringes any applicable laws.
15. By sending us your content you confirm that its use by ITV will not breach another person’s privacy, copyright or any other legal right.
16. You must get the permission of all the people shown in your content before submitting it. If your content features children aged under 16 years, you must get the permission of their parents also. If the content contains images of private property (e.g. inside someone’s house), you must get the permission of the owner of the property.
17. You should not endanger yourself or others, take any unnecessary risks or infringe any laws to obtain any content.
18. You should not submit photos or other images of any artworks, or other copyright works, any logos or other commercial references, or anything that might reasonably be deemed to be harmful or offensive.
19. Photos, pictures, drawings, videos and similar material received will be judged by staff at ITV, who will in their sole discretion select which content (if any) to broadcast on the programme and/or publish on the website.
20. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of the mode of submitting content the decision of ITV shall be final and no correspondence will be entered into.
21. The method of submitting content may, from time to time be affected by events outside ITV’s control. ITV accepts no responsibility for any failure to send/accept content due to network performance or due to any other event outside ITV’s control.
22. ITV, the producers of the programme and their sub-contractors do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, software provider or otherwise which may result in any content being lost or not being properly received or recorded.
23. By submitting content, you agree to your name being used in publicity by ITV and to participate in such publicity as required. This may be in any media worldwide without notice or without any fee being paid.
24. Nothing in these terms and conditions shall exclude or limit the ITV group’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud.
25. Subject to paragraph 24, ITV does not accept responsibility or liability for:
· any fault, malfunction, damage, loss or disappointment suffered by you howsoever arising from the submission of your content whether due to any error, omission or other cause by ITV, companies within the ITV group of companies, their employees, agents or others to the fullest extent permitted by law;
· any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and to ITV when you agree to these terms and conditions (which occurs automatically when you submit content), including where the damage or loss results from ITV's breach of these terms and conditions;
· any damage or loss caused to you where you are not entering into these terms and conditions as a consumer.
26. Personal data which is provided by you when submitting content will be held and used by ITV, companies within the ITV group of companies and any of their subsidiaries, and their suppliers and contractors in order to administer the use of your content and contact you if necessary. Your personal data may also be passed to your cellular phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for this service. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
27. ITV may suspend, withdraw or, where applicable, re-set the times when content submissions may be made at ITV’s sole discretion at any time.
28. All submitted content are considered as “Submissions” (as defined under the Terms of Use at www.itv.com/terms) and are subject to such Terms of Use.
29. For the avoidance of doubt, ITV may modify your content, or may accept it, or refuse to display your content at any time in its sole and absolute discretion. Your content will be moderated, and is subject to, but not limited to, the following restrictions and guidelines: You may not submit any content containing any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to submit any content which advertises or promotes third parties' or your own goods or services including by way of the distribution of "spam". Any such content will be deemed inappropriate and will not be accepted.
31. Nothing in these terms and conditions restricts your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.
32. These terms and conditions shall be exclusively governed by and construed in all respects in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any matter arising hereunder.
33. If you have a query about submission of content you have made you may register your query with the ITV Viewer Services who can be contacted by phone on 0844 88 14150 or by email at viewerservices@itv.com. You will need to give the following information where relevant:
(a) Your Name
(b) The telephone number of the phone you called or sent your message from
(c) Your email address
(d) The IP number of your computer
(e) The time(s) when you sent your content(s)
(f) The nature of your query or the problem you have experienced
(g) If possible, your telephone network operator
(h) A contact telephone number if different from (b) above
Alternatively, you may send the above required information to itvihelp@itv.com and we will contact you as soon as possible.
“ITV” is ITV Consumer Limited, The London Television Centre, Upper Ground, London SE1 9LT (registered number 2937518)