THE X FACTOR 2013 VOTE: REPUBLIC OF IRELAND VOTING INTERACTION INFORMATION
These terms and conditions are applicable to votes cast solely in the Republic of Ireland (the “Irish Vote”) and apply as between you, the viewer of the TV3 broadcast of the X Factor programme in the Republic of Ireland, and us, TV3, the promoter of the X Factor vote in the Republic of Ireland.
Voting method and cost:
Viewers in the Republic of Ireland can vote for the acts they wish to keep in the competition on the X Factor programme (the “Programme”).
You may register your vote by dialling the PRTS numbers listed on www.tv3.ie/xfactorvote or, where applicable, as shown on the TV3 broadcast. Please remember to dial carefully. You will hear a short message thanking you for your vote. Each phone vote costs 60 cents, incl. VAT from an Eircom landline. Calls from other networks may be higher and from mobiles will be considerably more. The total cost will be dependent on your network operator.
A helpline is available to Irish viewers on direct dial 0818 205 354. The cost of this call will be the cost of a national rate call charged by the caller’s network operator.
If there are technical or other issues with the Irish Vote, including without limitation any error in publishing the Irish Vote numbers, the producers reserve the right to discount the Irish Votes, and announce the result of the vote without including those affected votes.
The broadcaster of the Programme in the UK, ITV, is not responsible for any vote services promoted outside the UK, Channel Islands and Isle of Man as these are not within its control. 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 or otherwise in breach of any applicable voting terms and conditions.
If for any reason there is a discrepancy between Irish Vote numbers advertised on air (where applicable) in the Irish broadcast and those given on any other platforms (including on the TV3 website) then the numbers on air will prevail and the vote shall proceed on that basis.
Please note that it is not possible to vote via any other method not specified here.
Voting opens and closes as specified in the Programme. Votes made outside the times when the vote is open may not be counted but may still be charged.
While you may vote as many times as you like, votes for one act which are received from any one recognised number in respect of each platform in excess of 600 votes when lines are open, are deemed to be designed to excessively manipulate the outcome of the vote and are unfair to other users and other acts. Therefore if you vote more than 600 times for one act from any one platform, the Programme producers reserve the right, in their absolute discretion, to disqualify any votes made above that number, 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 this level. Excess votes may be refunded.
The outcome of the vote will be shown in the Programme on TV3. Subject to TV3’s and the Programme producers’ rights to discount the Irish Vote or any part thereof, as aforementioned or in the event of any technical or other issues affecting the Irish Vote, the outcome will reflect total votes cast across the UK, Channel Islands, Isle of Man and Republic of Ireland. No breakdown showing the Irish Vote will be made available to TV3 viewers.
Each week, at the discretion of ITV or the producers:
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.
The producers of the Programme and/or judges may in their discretion reintroduce an act seen in earlier stages of the competition, which was previously eliminated by the judges. The judges may also in their sole discretion nominate an act to appear in the live shows as a 'wildcard' act and the public will decide which act proceeds. The nominated wildcard act may be any act that previously performed across the Programme. The producers' and/or judges' decision will be final. In the event that there is a tie in any such viewer vote, the judges will decide which act proceeds.
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.
Vote Freeze/Flash Vote
TV3, ITV and the Programme producers reserve the right to conduct a vote freeze(s)/flash votes at any time. In the event of a vote freeze/flash vote the following will apply:
The phone lines for 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.
In the event of a tie in a flash vote/at the point of vote freeze or if the results of a flash vote/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 or a tie will be announced. If a tie is announced voting will be reopened for all acts and the act/s who receive the lowest number of votes when the voting window closes will take part in a sing-off.
If a contestant(s) is unable to perform for any reason, then the producers may in their sole discretion suspend that contestant’s participation temporarily, ask that contestant to re-perform or end that contestant’s participation in the Programme.
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 producers of the Programme will in their sole discretion decide whether that act will continue in the competition, having regard to all circumstances and information available to them at the relevant time. The producers of the Programme will in their sole discretion determine if another act may be allowed to enter the competition.
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 show occurs, then the Promoter and the Programme producers may in their sole discretion decide either to postpone the vote or to cancel the vote in which case the judges will decide on the result and/or the act(s) who will perform again and their decision is final.
If the outcome of a vote cannot be reasonably determined because of a technical failure or other circumstances beyond the reasonable control of the Promoter, the producers of the Programme, their agents or sub-contractors, then the judges’ decision will determine the outcome.
For the final show, 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.
Third-party voting services
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.
Nothing in these terms and conditions restricts your statutory rights as a consumer. Nothing in these terms and conditions shall exclude or limit the Programme producers’, ITV’s or TV3 group’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud.
Except as set out above, the TV3 group (“TV3”), ITV and/or the Programme producers do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a competition, vote or poll or from accepting any prize whether due to any error, omission or other cause by TV3, ITV the Programme producers or its or their employees, agents or others.
Except as set out above, none of TV3, ITV or the Programme producers is responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to TV3, ITV or the Programme producers when you agree to these terms and conditions (which occurs automatically when you vote) or (ii) which is reasonably foreseeable to you and to TV3, the Programme producers and/or ITV when you agree to the terms and conditions but is only indirectly related to you participating in a vote.
These terms and conditions may be amended from time to time without prior notice. Any changes will be posted on the website at www.tv3.ie.
Vote Service Provider: Harvest Media (UK) Limited, 180 Piccadilly, London, W1J 9HF
Promoter: TV3 Television Network Limited, Riverside One, Sir John Rogerson’s Quay, Dublin 2
General TV3 terms and conditions are also applicable. Please go to Threetext page 696 for General Competition and Vote Terms and Conditions.