The X Factor 2016 Voting Terms

Ref:  XF/SS/NC/20161007/121

 

THE X FACTOR (UK) 2016 VOTE: VOTING INTERACTION INFORMATION

 

Voting method and cost:

Viewers in the UK, Isle of Man and Channel Islands may vote for which act(s) they wish to keep in the competition as specified in the X Factor programme (the “Programme”) by one of the following methods:

 

·            Phone: Dial the premium rate ‘09’ number as stated in the Programme and follow instructions. You will hear a short message thanking you for your vote. Each phone vote costs 35 pence plus your network access charge. The total cost will be dependent on your network operator. The Promoter and Programme producers recommend that for the most up to date access charges viewers enquire directly with their network operator.

 

·            Mobile short dial codes (“MSDC”) (also known as voice short code): UK mobile users dial the 7 digit number which is the MSDC for the chosen act(s) as displayed in the Programme and listen to the recorded message which confirms the MSDC vote. Each vote via a UK mobile to an MSDC costs 35 pence. MSDC voting is only available from a mobile phone.  It is not possible to vote by calling an MSDC from a landline or via any other method. Call charges may apply if the MSDC is not dialled correctly and the number mis-dialled is a valid number. The Promoter gives no warranty that the MSDC service will be available, legal or appropriate for use in locations outside the UK.

 

·            Mobile In App: users of Apple mobile devices with iOS for iPhones, iPod Touch, iPads or iPad minis and users of mobile devices with Android may download the latest version of the official The X Factor app from the relevant app store (iTunes store or the Google Play store) (the “app”). Download of the app is free although data charges from the user’s network operator may apply. Users of Apple mobile devices will be required to register before being able to vote and should follow the in-app prompts to do so. App users should follow the in-app prompts to vote for their chosen act(s) during the voting window. Up to a maximum of five (5) votes on each mobile device per voting window. Each account registered will allow the use of up to six (6) mobile devices. There is no charge when voting via the app although data charges from the user’s network operator may apply. Any votes unused by the end of each voting window will be lost and cannot be claimed for use in any other voting window. Each voting window will close as indicated in the Programme. In the event that the vote is frozen (for example during the final show of the 2016 series (the “Final”)) this will be treated as two (2) voting windows. At the end of the first voting window (when the vote is frozen) any unused votes will be lost. When the vote reopens app users will be given another five (5) votes for the second (post freeze) voting window.

 

Viewers of the broadcast of the Programme in the Republic of Ireland can also vote for the acts they wish to keep in the competition (the “Irish Vote”). The Irish Vote is promoted by the broadcaster of the Programme in the Republic of Ireland, TV3, and Irish viewers may find information about voting in the Republic of Ireland (including the applicable terms and conditions) on the TV3 website at www.tv3.ie/xfactorvote.

 

If there are technical or other issues  with the Phone, MSDC, Mobile In App or Irish Vote, the Promoter reserves the right to discount the Phone, MSDC, Mobile In App and/or Irish Vote (as applicable) and announce the result of the vote without including those affected votes.

 

The Promoter is not responsible for any vote services promoted outside the UK, Channel Islands and Isle of Man or for any unofficial voting methods as these are not within the Promoter’s control. Votes must not be sent in through agents or on behalf of another person, and viewers cannot submit votes as an agent of any other person. The Promoter and the Programme producers reserve the right to discount votes if they have reasonable grounds to suspect they have been made from outside the UK, Channel Islands, Isle of Man and Republic of Ireland, from unofficial third party voting services or otherwise in breach of any applicable terms and conditions.

 

Please note that the Promoter and the Programme producers are unable to confirm the integrity of any other voting method except for the official voting system and numbers promoted and displayed within the Programme. The Promoter and the Programme producers reserve the right to discount votes from third party voting services where applicable.

 

If for any reason there is a discrepancy between the numbers advertised on air and those given on any other platforms then the numbers on air will prevail and the vote shall proceed on that basis.

 

Please note it is not possible to vote via any method not stated in these terms and conditions.

 

Opening/closing times:

 

Vote lines are opened and closed as specified in the Programme.  Votes made outside the times when the vote is open will not be counted but may still be charged.

 

Voting restrictions:

 

Users of the app are limited to five (5) votes on each mobile device (up to six (6) mobile devices) per voting window. Viewers voting via Phone or MSDC or the Irish Vote may vote as many times as they like, however the Promoter believes that any votes for one (1) act which are received from any one (1) recognised number on these platforms in excess of one thousand (1000) votes are deemed to be designed to excessively manipulate the outcome of the vote and are unfair to other users and other acts. The Promoter and the Programme producers reserve the right in their sole discretion to disqualify any votes made above the permitted levels having regard to all the circumstances and information available at the relevant time. The Promoter and/or the Programme producers may in their sole discretion contact voters who have voted in excess of the permitted levels. 

 

Vote Freezes:

 

ITV or the Programme producers reserve the right to conduct vote freeze(s) at any time. In the event of a vote freeze the following will apply:

 

The first part of the vote will be open for a limited period only and the viewers will be informed on air that voting lines have been frozen. The results of the public vote at the time of lines being frozen will be announced and the specific number of acts with the least public votes will, at the sole discretion of the Promoter/Programme producers, be eliminated from the competition, or go into a sing-off and/or face the judges.  An on-air announcement will be given to inform viewers that voting lines have re-opened and the public can vote for the remaining acts. For the avoidance of doubt, all votes received by acts going through to the next stage of voting prior to the lines being frozen are carried forward to the next stage of voting including app votes.

 

If the results at the point of vote freeze are unavailable for any reason, the Programme producers may in their sole discretion either ask the judges to decide which act(s) will be eliminated, or go into a sing-off and/or face the judges.  If there is a tie at the point of vote freeze, the Programme producers may, in their sole discretion either ask the judges to decide which act(s) will be eliminated or the eliminated act(s) will be determined by aggregating all previous public vote results totals for each tied contestant. The act with the least aggregated votes will be eliminated. If the aggregated vote numbers result in a further tie-break, the judges will decide on the result and their decision is final.

 

Voting results:

 

The outcome of the vote will be shown in the Programme.

 

Each week, at the discretion of ITV or the Programme producers:

 

·        the act(s) with the lowest number of votes will be eliminated from the competition, with the next two (2) or more acts with the lowest number of votes going into a sing-off and/or to face the judges; or

·        the act(s) with the lowest number of votes will be eliminated from the competition; or

·        the two (2) or more acts with the lowest number of votes will sing-off and/or face the judges; or

·        any other combination of eliminations based on the public vote , a sing-off and/or the judges’ decision will apply.

 

In each case, the elimination format, and any specific terms relating to that week’s elimination, will be announced in the applicable on-air interaction information before voting opens.

 

If there is “deadlock” on the show where the judges are tied on an elimination vote then the result will be determined by the public vote for the tied contestant(s) for that weekend. If the vote results in a further tie-break, the judges will decide on the result and their decision is final.

 

At their discretion the Programme producers may hold an in-App lifeline vote or other in-App interactivity where they wish to use a further vote result to determine who may take part in a sing-off. Such additional voting may involve three (3) or more acts with the lowest number of votes in the public vote going into a further App only vote to determine which two (2) acts will take part in the sing-off.

 

The Programme producers and/or judges may in their discretion reintroduce an act seen in the earlier stages of the competition, which was previously eliminated by the judges. The judges may also in their sole discretion nominate an act(s) to appear in the live show as a ‘wildcard’ act.

 

During the Final of the Programme, the act with the most votes will be declared the winner of the competition. 

 

Any variation on the format of elimination as set out in these terms and conditions will be announced in the Programme and such format as announced in the Programme will prevail.

 

Contingencies

 

If any of the acts are unable to perform or are prevented from performing fully in the Programme for any reason including without limitation medical reasons, then the Programme producers may in their sole discretion decide whether: that act will continue in the competition; to end their participation in the competition; suspend their participation temporarily; play in the dress rehearsal footage in substitution of a live performance or ask that the act re-perform, having regard to all circumstances and information available to them at the relevant time. The Programme producers will in their sole discretion determine if another act may be allowed to enter the competition.

 

If any of the contestants are unable to perform fully in the sing-off, for any reason including, without limitation, medical reasons then neither contestant will perform. The judges will decide on the result in their sole discretion and their decision is final. Should the judges reach “deadlock”, the result will be decided by the public vote.

 

In the event of a technical failure or for any other reasons beyond the Programme producers’ or the Promoter’s reasonable control that means the public vote results cannot be obtained, or the vote is cancelled or a tie break in the vote before the Final occurs, then the Promoter and the Programme producers may in their sole discretion decide either to postpone the vote or to cancel the vote. If the vote is cancelled, the judges will decide on the result and/or the act(s) who will perform again and their decision is final.

 

For the Final, in the event of a tie-break situation, the winner will be determined by aggregating all previous public vote results totals for each tied contestant to the Final and since they were together in the competition.  The act with the most aggregated votes will be declared the winner.  If the aggregated vote numbers result in a further tie-break, the judges will decide on the result and their decision is final.

 

Promoter: ITV Consumer Limited, The London Television Centre, Upper Ground, London SE1 9LT

 

ITV's General Competition, Prize Draw, Vote and Poll Terms and Conditions also apply. To view these, please click here.