Terms and Conditions for ITV.com's TV Games
These Terms and Conditions apply to the online games on the www.itv.com/games website (the “Website”) of the TV shows Blockbusters, Catchphrase, Family Fortunes, Countdown and The Price is Right (together the “Online Broadband Games”).
The Online Broadband Games are based on the associated TV shows and operate as games of skill.
The Promoter of the Online Broadband Games (“the Promoter”) is ITV Consumer Limited, a division of ITV plc, a company registered in England (company number 2937518) and whose registered address is at 200 Gray’s Inn Road, London WC1X 8XZ; VAT No. GN 197 004 167.
All Online Broadband Games are supplied and managed by The JD Project Limited (“the Supplier”), a company registered in England (company number 4344899) and whose registered address is at Britannia House, Roberts Mews, Orpington, Kent BR6 0JP.
A Player (“Player”) is any online user of the Online Broadband Games. All Online Broadband Games are free to play.
A “Player’s Score” is accumulated by different means according to the game being played. A Player’s score is typically calculated by a combination of accuracy and speed.
Play for Free
The Online Broadband Games require no data entry or payment. In-game advertisements may be featured in the Online Broadband Games.
Pay to Play Refunds
The ‘Pay to Play’ version of the Online Broadband Games ceased to be available on 31 August 2008. Players who still have game credits in their account from the ‘Pay to Play’ version of the Online Broadband Games will be refunded by cheque within 28 days of 31 August 2008. Queries regarding refunds should be directed to the ITV.com Customer Support Team via email at: itv.comsupport@itv.com or by telephone at 0844 88 14150.
Eligibility
Any person who is not a resident of the United Kingdom, the Channel Islands or the Isle of Man, is under 18 years old, or has been employed by the Promoter, the Supplier or any of its member or affiliated companies or is employed by the Promoters or any of their associated companies or is contracted for work by any person or entity rendering services or has rendered services the product of which is currently in use in respect of the Online Broadband Games plus any member of immediate family including any live-in partner of any of the aforesaid persons are ineligible to play the Online Broadband Games.
The Promoter reserves the right to ask for proof of age and evidence to verify the identity of a Player at any time, and may use any channels and methods available to carry out checks of any details provided.
Failure to provide such proof within a reasonable time could result in your disqualification from the Online Broadband Games. All personal details and information requested by and supplied to the Promoter and/or Supplier by each Player must be truthful, accurate and in no way misleading. The Promoter and the Supplier reserve the right to disqualify any Player from the Online Broadband Games should the Player at any stage supply any untruthful, inaccurate or misleading personal details and information.
Where a Player has breached these Terms and Conditions, the Promoter and/or the Supplier reserve the right to prevent such a Player from participating in any future Online Broadband Games.
If there is any dispute regarding the Online Broadband Games, including but not limited to the eligibility of the Player to participate in the Online Broadband Games, the validity of the Online Broadband Games or their solution, or network or communication failures, you accept that the decision of the Promoter and/or the Supplier on all matters is final and binding and no correspondence or review process will be entered into.
The Promoter and the Supplier may disqualify a Player for reasons of a Player's unlawful conduct or misconduct including without limitation cheating, or using automated software of devices that put the Player at an unfair advantage, or otherwise attempting to participate in the Online Broadband Games in a manner that is in breach of these Terms and Conditions, or in contravention of any instructions provided with the Online Broadband Games and in any other manner that may deemed unlawful or which is likely to cause offence, or by harming or threatening to harm other Players or personnel of the Promoter and/or Supplier, violent behaviour or criminal damage, or purposely impeding the work of the Promoter and/or Supplier. Any such actions by a Player will invalidate that Player’s participation in the Online Broadband Games and may result in further actions being taken. The Promoter’s and/or Supplier’s decision in this regard shall be final and binding and no correspondence or review process will be entered into.
You agree to indemnify and hold the Promoter and its subsidiaries, affiliates, officers, agents, or other partners and employees harmless from and against any claim or demand, losses, costs, expenses or damages including without limitation, reasonable legal fees, made by any person, howsoever arising out of, or, made by any third party due to or otherwise arising out of your breach of these Terms and Conditions.
Summary of the Online Broadband Games
Below is a summary of the initial round(s) of each game. Full instructions for each Online Broadband Game are posted on the Website.
Blockbusters – a Player (playing as the White Team) competes against a team of two computer generated players (the Blue Team). The objective is to answer questions correctly and create an unbroken line of correctly answered questions down the board. Full instructions for this Online Broadband Game are posted on the Website.
Catchphrase – the Player will be shown a short animation illustrating/representing a popular word, phrase or expression recognised by its repeated utterance, the Player has to work out the well known catchphrase. Full instructions for this Online Broadband Game are posted on the Website.
Countdown – the Player is required to find the longest words with the letters available in the ‘Letters Game’, and to calculate the mathematical solution in the ‘Numbers Game’. In the 'Letters Game', players should refrain from using any offensive or otherwise inappropriate words. ITV reserves the right to reject offensive words from being submitted into the game. Full instructions for this Online Broadband Game are posted on the Website.
Family Fortunes – the Player must work out the most popular answers to the questions asked. Full instructions for this Online Broadband Game are posted on the Website.
The Price is Right – the Player is challenged on their knowledge of the value of real world consumer goods by stating as accurately as possible the price of the goods shown. Players will accumulate points for their answers depending on how close their answer is to the product’s value. Full instructions for this Online Broadband Game are posted on the Website.
Technical requirements for the Online Broadband Games
The Online Broadband Games are recommended for use only by users with broadband internet access on a computer with a minimum 1Ghz processor and 256mb of RAM. Use of the Online Broadband Games on computers with a lower specification will result in sub standard game performance.
The Player accepts that links to other third party websites and other services included within the Online Broadband Games, are provided for your ease of reference and convenience only. Neither the Promoter nor the Supplier have any control over those third party websites or services and are not responsible for them. You agree that neither the Promoter nor the Supplier is a party to any transaction or contract with any third party that you may enter into, nor are they liable to you for any loss or damage which you may suffer by using third party websites and services and you will not involve the Promoter and/or the Supplier in any dispute related to such use.
Data Protection and Publicity
Save as set out in these Terms and Conditions, any information and data ("Personal Data") which is provided by you, when you play any Online Broadband Game will be held and used by the Promoter, the Supplier and their suppliers and contractors in order to administer the Online Broadband Game. By playing the Online Broadband Game, you are consenting to the use of your Personal Data for the purposes of operating, producing and administrating the Online Broadband Game. Your data is stored in accordance with the Data Protection Act 1998.
If you provide Personal Data when you play any Online Broadband Game, the Promoter will be the data controller of that Personal Data. The Promoter and/or the Supplier will be acting as data processors of any Personal Data you provide when you enter any Online Broadband Game. The Promoter’s privacy policy can be viewed at www.itv.com.
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.
Intellectual Property Rights
All intellectual property rights generated as a result of the operation of an Online Broadband Games and the content thereof shall be the property of the Promoter and are used under license from Supplier. All material and content in the Online Broadband Games and contained in sponsor advertisements, or information presented to you through the Online Broadband Games including but not limited to material and underlying software is protected by trademark law, copyright law and/ or other intellectual property rights. You may only use the material in participating in the Online Broadband Games in accordance with these Terms and Conditions. Any other use is strictly forbidden and all rights are expressly reserved. You may not display or use in any manner any of the Promoter’s and its partners' marks, logos and branding features without the relevant party's prior written consent. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any software used in connection with the Online Broadband Games in whole or in part. You shall not modify the underlying software relating to the Online Broadband Games in any manner or form, or to use modified versions of the software, including, without limitation for the purpose of obtaining unauthorised access to the Online Broadband Games. You may not reproduce any materials without the express prior written consent of the Promoter and/or Supplier or attempt to do anything which infringes the intellectual property rights of the Promoter and/or Supplier or those so licensed, which shall include, but not be limited to, seeking to discover the source code of the software, reverse engineer, recompile, disassemble, modify, translate, or create derivative works based on the software, and you will be solely liable for any damages, costs, or expenses resulting from any of the above. By utilising the Online Broadband Games, you shall not obtain any rights in the infrastructure, content, third party intellectual property rights, or software associated with the Online Broadband Games.
The marks, logos and branding features of Fremantle and Granada Ventures and their partners appearing on the Online Broadband Games on this Website are the trademarks of the above parties and remain for the use of the above parties and their partners as appropriate.
General Terms
Neither the Promoter nor the Supplier is responsible for network, telephone line or communication failures, malfunctions, interruptions, errors, delays or any other problem in any telephone network, messaging, recording, broadcast, or internet broadband transmission of any kind or any other circumstances beyond the Promoter's or the Supplier's reasonable control.
The Promoter and the Supplier are also not responsible for traffic congestion or other capacity issues which may result in any information you provide being lost or not properly recorded.
Neither the Promoter nor the Supplier is under any obligation to release information relating to Online Broadband Game answers or methods of solution, other than the information provided on the Website and included as part of the Online Broadband Games. Any such information subsequently released is released at the Supplier’s or the Promoter's absolute discretion.
You warrant that you have not and will not receive any monies or other valuable consideration in connection with your participation in any Online Broadband Game, and that you have not nor will not authorise anyone acting on your behalf to do so. Your payment or acceptance of any valuable consideration in connection with your participation in any Online Broadband Game will be considered a breach of these Terms and Conditions and may result in a fine. You accordingly agree to notify the Promoter and/or the Supplier immediately of any attempt to be persuaded to make any product placement on this Website.
You agree to keep confidential any information or trade secrets obtained or learned as a result of your participation in the Online Broadband Games (including but not limited to, information about any Online Broadband Game or the outcome of any Online Broadband Game).
To the fullest extent permitted by law, the Promoter and Supplier hereby exclude all warranties, representations, covenants and liability (whether express or implied) regarding the Online Broadband Games. Neither the Promoter nor the Supplier will be liable for any damages or losses whether direct or indirect that any Player may suffer as a result of failure by the Promoter or the Supplier to deliver the Online Broadband Games (whether or not as a result of any technical failure), including but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of data arising from hacking, failure or lack of reception of telephone or mobile networks and/ or Players' inability to participate in the Online Broadband Games for whatever reason. The exclusions set out in this paragraph shall apply even in the event that the loss or damage suffered was or should have been foreseen by the Promoter and/ or the Supplier and that the Promoter or Supplier had notice of the risk, loss or damage in question.
The Promoter shall use reasonable endeavours to provide and maintain access to the Website. Neither the Promoter, nor the Supplier or its partners shall be liable to any Player for any interruptions or failures in access to the Online Broadband Games.
Nothing in these Terms and Conditions shall exclude or limit the Producer’s nor the Supplier's liability for death or personal injury caused by their staff or supplier's negligence or for fraud. All warranties, conditions and guarantees relating to the Online Broadband Games made by or on behalf of the Promoter and the Supplier whether express or implied by law, course of dealing, statute or otherwise, including but not limited to, implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, security, accuracy, compatibility, condition or completeness are excluded to the maximum extent permitted by law. Although the Promoter and the Supplier have made and will make all reasonable efforts to ensure that the operation of the Website, the telephone systems used, the recording, the broadband transmission of the Online Broadband Games are free from viruses, failures, malfunctions, errors, delays or any other problem or damaging components, it cannot and does not guarantee the same.
The Promoter and the Supplier reserves the right to exclude any Player from any Online Broadband Games.
Nothing contained in these Terms and Conditions shall affect a Player’s statutory rights.
The Promoter reserves the right to amend these Terms and Conditions at any time without prior notice. Any changes will be posted on this Website and will be effective as of the date of posting. These Terms and Conditions were last updated on 17 April 2009 .
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
