These terms and conditions apply when you contact ITV, a programme producer or any of our sub-contractors, agents or representatives (“we”, “us”, “our”) about appearing in an ITV programme (whether applying yourself or nominating someone else) or when you submit comment(s) or other material (“content”) to one of our interactive services. This will include without limitation when you send us a contestant application form or when you upload a photo, video or comment to one of our websites, apps or social media accounts. It will also include when you post any content on a third party site, such as Facebook or Twitter, in response to an invitation from us.
Any additional terms and conditions stated in any promotional material also apply to your application or submission, including without limitation any terms and conditions stated in an application form, on-air announcement, online promotion or social promotion. If there is any inconsistency between these terms and conditions and any additional terms and conditions or promotional material specific to the activity, then the additional terms and conditions or promotional material will prevail to the extent of such inconsistency.
In any additional terms and conditions, any reference to your “Submission” or similar is a reference to the content you submit under these terms and conditions.
2. How to participate
You must follow any instructions given in the promotional material. This includes, without limitation, making sure that your application or content complies with any format specifications in the promotional material.
Unless otherwise stated, you may apply or submit content as many times as you wish. We will not return your application or content to you. We recommend that you send us copies rather than original material.
Any opening and closing dates will be as stated in the promotional material. We may change these dates and any subsequent recording or other attendance dates at any time in our sole discretion.
Any applicable charges are as stated in the promotional information. If charges apply, you must get the permission of the bill payer before taking part. Internet service provider’s and/or mobile network operator’s fees may apply when you access the Internet. You must pay sufficient postage when using post. We will not provide refunds of the cost of participating.
Unless otherwise stated, you or your nominee (as applicable) are solely responsible for any costs in connection with participation in an interactive service or programme.
Unless otherwise stated in the promotional material you must be a resident of the UK, the Channel Islands or the Isle of Man and be currently living in the United Kingdom, the Channel Islands or the Isle of Man.
When applying to participate in a programme:
· You must not be employed by ITV, any of the ITV group companies, the programme producer or potential broadcaster(s) of the relevant programme or be professionally associated with us, the programme or the interactive service; and
· You must not be a live-in partner or immediate relative (i.e. mother, father, son, daughter, brother or sister) of an employee of the programme producer or potential broadcaster(s) of the relevant programme or any of the ITV group companies.
In addition to the above, you must meet any additional eligibility requirements specified by the programme producer and/ or set out in the promotional material.
(together, the “eligibility requirements”)
5. Age Restrictions
Unless otherwise specified in the promotional material, you must be aged 18 years old or over.
Where the promotional material states that people under 18 years old may apply or nominate or submit content and you are under 18 years old:
· You must have your parent or legal guardian’s permission to take part. We may ask for your parent or guardian’s details and you agree that we may contact your parent or legal guardian to check that they have given their permission; and
· You must be accompanied by a parent or legal guardian to any auditions and/or if you are required to participate in our programmes or other services. Proof of age and identity may be required. We do not guarantee your parent or legal guardian will be featured.
If you are contacting us on behalf of another person you confirm that you have the consent of that person to do so.
If you are nominating another person to take part in a programme or interactive service, you confirm that you have their consent (or the consent of their parent or guardian if they are under 18) or that they would be happy for you to nominate them.
By submitting content you confirm that you have all the relevant rights and consents required to allow us, and any parties associated with us or the programme, to use that content.
Where your content contains the name or image of any other person or people you confirm that you have the consent of all those people to submit the content, or the consent of their parents or legal guardians if they are under 18 years old.
7. Restrictions on what you can submit
You must not submit any content or include any material in an application that is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or that would constitute a contempt of court or expose us to any civil or criminal proceedings. Your application or content must not contain anything that may have the effect of being harassing, threatening, abusive or hateful or which degrades, discriminates against or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other legally protected characteristic.
Your application or content must not contain anything that infringes the rights of a third party. Your application or content must not contain any third party content such as music, third party trademarks, logos, location signage, or photographs, artwork or sculpture unless you have consent from the owner to include that third party content. We reserve the right to reject an application or content that contains third party content if you are unable to provide satisfactory evidence that it has been cleared for our use in accordance with these terms and conditions.
You agree not to infringe any laws in making your application or content. You agree not to submit files that contain viruses or other harmful programs. Further, you must not endanger yourself or others, or take any unnecessary risks in order to produce or make your application or content.
8. How we will use your application
We will use your application to assess you or your nominee’s suitability for the programme and/or in connection with the administration and/or production of the programme or the interactive service.
Where applicable you agree to being filmed and/or recorded at auditions and any subsequent stages of programme recruitment (your “contribution”).
You agree that we may use your contribution as we see fit, including for promotional purposes or in the programme. You hereby irrevocably grant and assign (which means you transfer ownership) to us all rights, title and interest in your contribution so as to permit the fullest use throughout the world of your contribution (or parts of the same) throughout the world, by any and all means in all media and in perpetuity (which means forever). You agree that we may edit, copy, adapt or translate your contribution as we see fit.
You irrevocably and unconditionally waive, in respect of your contribution, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.
If selected to participate in the programme, you agree to enter into a participant agreement if requested to do so.
You agree that we may require you or your nominee (or, if you or they are under 18, your or their parent or guardian) to provide a signature as proof of agreement to any relevant waivers, releases and/or consents for us to use your application and/or for you or your nominee to take part in the programme or interactive service. Whether or not we require a signature, we may still rely on the consents given by you under these terms and conditions.
Unless otherwise stated, section 9 below (How we may use your content) will also apply to the content of your application.
9. How we may use your content
We reserve the right to use your content as we see fit, in our sole discretion (and if you have applied for a programme you understand that we may use your content in such programme) and you confirm that you have all necessary licences, rights consents and permission to authorise the use of your content in full and in part (as further set out in section 6). As between you and us, you retain all ownership rights in your content although if we do select you or your content we may ask for you to sign some or all of these rights over to us (including but not limited to as set out above in section 8). You acknowledge that any content that you submit will be considered non-confidential.
By submitting content, you grant us a licence (which means permission) to use, edit, reproduce, record, modify, enhance, encode, translate, distribute, play, perform, make available to other users, prepare derivative works of and to display your content (with or without advertising and sponsorship) by any media or methods whether now known or later developed. This licence may be exercised in our sole discretion throughout the world at any time.
You agree that this licence is: perpetual (which means it lasts forever); non-exclusive (which means you are free to grant this permission to other parties as well); royalty-free (which means we won't pay for the permission either now or in the future); and transferable (which means we can transfer the licence to others).
You agree that we can sub-license this licence (which means we can grant an equivalent permission to others which may include without limitation our group companies and advertisers or sponsors).
You irrevocably and unconditionally waive, in respect of your content, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.
You grant us the right to use your content, your contribution, your name, voice, likeness, photographs and any biographical material concerning you, in connection with the promotion and exploitation of the programme and/or ancillary products/services and/or in connection with the programme producer and/or the broadcaster of the programme, throughout the world in all media in perpetuity (which means forever).
11. Your availability
You agree to make yourself available as we require, including without limitation for auditions, heats and/or promotional activities. We may change the dates, times and/or locations of these events at any time in our sole discretion. You agree to take part in assessments (including without limitation medical and/or psychological assessments) as we require to check your suitability for the programme.
We do not guarantee that we will include you, your nominee or your content (as applicable) in the programme or that we will make the programme or broadcast it, even if we contact you about your application or content. We reserve the right, in our sole discretion, to stand you down at any time during the application and/or production process for any reason, even if you have been given a date to attend auditions or recordings.
13. Contacting You
You agree that we may contact you or your nominee (and/or your or their parent or guardian if you or they are under 18) using the contact details that you have provided. We do not guarantee that we will acknowledge or respond to everyone who has made an application or submitted content.
We may at our sole discretion call back an eligible applicant from the pool of applicants who have contacted us with a view to participating in any future episode of the programme. We do not represent, undertake or warrant that we will broadcast any future episode of the programme which may or may not include an applicant’s participation.
14. Your Information
You agree to provide us with complete, accurate and up-to-date information about your application or content. You agree to inform us immediately if any information in or relating to your application or content changes. You agree to provide any further information, consents and/or assistance that we may require to carry out eligibility or other checks.
You agree that if you have anything in your past that may attract negative press or publicity you will make us aware of it in order to protect your personal interests, our reputation and that of the broadcaster and the programme.
You must let us know if you have ever been convicted of a crime, if you are the subject of ongoing criminal proceedings or investigations, or if you have any County Court Judgments against you. You agree that we have the right to do, or to engage third party organisations to do, background checks on you (including but not limited to Disclosure Scotland checks).
We shall be entitled to exercise our sole discretion as to whether certain convictions and/or investigations may invalidate your application or otherwise result in the termination of your participation in the programme. In all cases our decision shall be final. If we discover that you have criminal convictions that you have not told us about, and as a result your participation in the programme is terminated or any prize or benefit reclaimed or withheld, you agree that we may refer to these convictions publicly.
If we ask you to attend any recording or other events, it is your responsibility to inform us of any wheelchair or similar access requirements and to adhere to any applicable health and safety guidelines.
You agree that any information, verbal or written, which you have or may provide to us (including any information provided during the application and selection process and/or during the production of the programme and any of your personal data and/or sensitive personal data (as defined by the Data Protection Act 1998) such as details about your health and/or any details relating to convictions or proceedings) will be held by us or the ITV group of companies, their service providers, network operators, suppliers, contractors and other authorised third parties in connection with your participation in the programme or the interactive service.
We may change or vary these terms and conditions at any time without prior notice. We will post any changes on www.itv.com. It is your responsibility to ensure you review these terms and conditions regularly to familiarise yourself with any changes. We recommend that you print and store or save a copy of these terms and conditions for future reference.
We reserve the right to check your compliance with these terms and conditions or any additional terms and conditions.
You agree that we may freely assign or licence these terms and conditions.
You are required to comply with any directions given to you by us including but not limited to any and all relevant laws, rules and regulations, and where applicable, compliance with the Ofcom Broadcasting Code.
You agree to keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us or the programme or anyone taking part in it (if applicable), which comes to your knowledge as result of your participation in the programme (if any). The foregoing will not include matters already in the public domain (other than by way of your breach of this term).
You warrant that you are eligible to participate in the programme and any information you provide is neither false nor misleading.
We reserve the right, in our sole discretion, to terminate or suspend your application and/or to disregard or remove your content and/or disqualify you from a programme and/or to withhold or reclaim any benefit awarded or due to be awarded to you as a result of your participation if we consider, in our sole discretion, that:
· You, your application or your content does not comply with these terms and conditions or the additional terms and conditions specified in the promotional material;
· You supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us in any way including without limitation about your identity;
· You have failed to follow our reasonable instructions or directions in relation to your participation;
· Your conduct (past or present) may bring us, the broadcaster or the programme (as applicable) into disrepute.
· You fail to meet the eligibility requirements.
In the event of a dispute our decision will be final.
We cannot promise that our systems and/or services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. We 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 messages not being properly received, heard or recorded. Any of our systems and/or services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. We will not be liable to you or to any other person in the event that all or any part of the phone line, system and/or service is discontinued, modified or changed in any way.
We are not responsible for any application or content that is incomprehensible, incomplete, incorrectly submitted and, if applicable, incorrectly addressed, lost in transit, not received, or is received outside of the dates stated in the promotional material.
Nothing in these terms and conditions will limit our liability for death or personal injury resulting from our negligence or our liability for fraud or fraudulent misrepresentation, or other liability which cannot be excluded or limited under applicable law. Save as set out above, we exclude all liability arising from or in connection with your application or submission of content, to the fullest extent permissible under applicable law.
You agree to indemnify us and our assigns and licensees against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or non-observance by you of any of your obligations and representations in relation to your application or content, including but not limited to any extra costs of production.
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.
16. Queries and complaints
If you have a query or complaint including if you have experienced problems accessing the interactive service, you may register it with ITV Customer Support who can be contacted by phone on 0344 88 14150, or by email at email@example.com. You may need to give the following information:
a) Your name;
b) Your email address;
c) The name of your internet service provider or mobile network operator, where relevant;
d) The telephone number you called from if relevant;
e) The date(s) and time(s) when you experienced problems;
f) The nature of the problem you have been experiencing;
g) A contact telephone number you can be reached on if necessary.
If you require any information to be provided in an alternative format for accessibility reasons, we will be happy to discuss your requirements and endeavour to provide a suitable alternative.
“ITV” is ITV Consumer Limited, The London Television Centre, Upper Ground, London SE1 9LT (registered number 2937518) and where the production is an ITV Studios production “ITV” shall also mean ITV Studios Limited of The London Television Centre, Upper Ground, London SE1 9LT (registered number 03106525)