Ant and Dec’s Saturday Night Takeaway (Series 15) “Game of Phones” Participation Terms and Conditions
By taking part (your “Participation”) in the activityreferred to during the “Game of Phones” or “GOP” feature (the “Feature”) during the broadcast of “Antand Dec’s Saturday Night Takeaway – Series 15” (the “Programme”) you hereby agree to the following terms and conditions(the “Terms and Conditions”):
1.1. ITV Studios Limited (“we”,“us”, “our”) intends, but does not undertake, to produce the Programme for initial transmission by ITV Rights Limited (the"Broadcaster"). The Feature shall be incorporated into and form part of the Programme.
1.2. These Terms and Conditions may be amended at any time without prior notice. Any changes will be posted on the itv.com website. It is your responsibility to ensure you review these Terms and Conditions before applying to take part, and we recommend that you print and store or save a copy of theseTerms and Conditions for future reference.
1.3. We do not represent that we will produce or broadcast any episode of the Programme or to include your Participation in the Feature and/orProgramme.
1.4. Our right to terminate or modify the Feature and/or theProgramme at our sole discretion is strictly reserved.
1.5. By participating in the Feature you undertake that you meet,the following eligibility requirements:
1.5.1. you are aged a minimum of 18 (eighteen) years old or over; and
1.5.2. you are either the bill payer or have the bill payers permission to Call the GOP Audience Member’sMobile Phone (as such terms are defined below)
(the above shall be collectively defined as the “Eligibility Requirements”).
1.6. If any of the information you provide to us as part of your Participation or in any subsequent correspondence that you enter into with us changes, you agree to promptly inform us of any such changes.
2.1. The presenter(s) of the Programme will during the broadcast of the Programme identify members of the Programme studio audience whose mobile phones have been collected by us to be used in the Feature (the “GOP Audience”). Viewers who are watching the Programme live and who recognise a member of the GOP Audience will be invited to call (“Call”) that GOP Audience member’s mobile phone (the “GOP Audience Member’sMobile Phone”). Another one of the hosts of the Programme (the “GOP Host”) will then, at their sole discretion, choose one ringing GOP Audience Member’s Mobile Phone. When a GOP Audience Member’s Mobile Phone is answered, if it is you at the other end of the Call, you will be asked the name of the GOP Audience member that you recognise (the “GOP Audience Member”)and either the GOP Audience Member or you will be invited to play a game (the “Game”). Should you or the selected GOP Audience Member win the Game, a prize will be awarded (in our sole discretion).
2.2. To the extent that your Call is not answered by the GOP Host and the Feature is still on-going, you are entitled to make further Call(s) to the GOP Audience Member’s Mobile Phone, but for the avoidance of any doubt, there is no guarantee that your Call(s) will be answered by the GOP Host.
2.3. Should the GOP Host answer a phone call on the GOP AudienceMember’s Mobile Phone, which is not in relation to the Feature, it shall be entirely at our sole discretion whether to treat such phone call as a Call.
2.4. The Feature and the Game will be played for a limited time during the Programme and so not all those making a Call to a GOP AudienceMember’s Mobile Phone will be selected. The opening time and closing time for entries are as indicated by the Programme presenters and/or by the GOP Host. Any Call made before the Feature opens and/or after the Feature has ended may not be counted but may still be charged.
2.5. The decision of which ringing GOP Audience Member’s Mobile Phone is chosen by the GOP Host is entirely at the sole discretion of the GOP Host and there shall be no appeal against such decision.
2.6. The charges for you to make a Call will be at your standard network rate and we shall not be responsible for any costs whatsoever incurred by you in making a Call or Calls.
2.7. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by you or the GOP Audience Member or the operation of any part of the Feature and/or the Game and/or our or your networks or systems, our decision shall be final.
2.8. Any prize is subject to availability and to winner confirmation, i.e. we have managed to contact the winner and confirm eligibility.
3.1. You agree to abide by the rules and regulations of the Feature and the Game as shall be notified to you in writing or verbally. You accept that we may vary such rules and regulations from time to time and that our decisions in this matter are final.
3.2. You warrant that you comply with each of the EligibilityRequirements and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided in your Participation.
3.3. You agree, that if you are included in the Feature, to sign a further agreement at our request and you shall promptly execute and deliver such agreement and perform such acts and complete any other documentation as may be required for the purpose of giving full effect to the agreement.
3.4. You warrant that you will:
3.4.1. not (or attempt to) cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome of the Feature and/or the Game;
3.4.2. not infringe the copyright or any other right of any third party;
3.4.3. not breach any contract or duty of confidence;
3.4.4. not constitute a contempt of court or expose us to any civil or criminal proceedings;
3.4.5. not bring us or any other party into disrepute; and
3.4.6. comply with all rules and regulations for the time being in force at such places where the Feature and/or the Programme is shot or recorded and all television programme guidelines laid down by any regulatory body or broadcaster including all our Health & Safety policies.
3.5. You agree that we may in our sole discretion withdraw you from the Feature or the Game and/or disqualify you from any stage of the Feature and/or Game and/or Programme itself and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your Participation in the Feature and/or Game and/or Programme if:
3.5.1. you engage in inappropriate behaviour (including, without limitation, being intoxicated and/or engaging in threatening behaviour);
3.5.2. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or theBroadcaster in any way including without limitation about your identity;
3.5.3. you fail to abide by these Terms and Conditions or the rules and regulations of the Feature and Programme and Game;
3.5.4. you fail to abide with any of our other reasonable instructions or directions;
3.5.5. by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or
3.5.6. you fail to meet the Eligibility Requirements.
3.6. 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 under your Participation including but not limited to any extra costs of production of the Feature and Programme.
INTELLECTUAL PROPERTY RIGHTS
4.1. By making your Participation, you agree and consent to the filming and recording of you and your voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with your Participation for the Feature and Programme (the “Contribution”) and the use of your Contribution in connection with theProgramme in whole or in part or not at all.
4.2. You irrevocably grant and assign to us by way of present assignment of present and future copyright, all rights of any nature in and to the rights, title and interest in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media in connection with the Programme or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adaptor translate the Contribution as we see fit.
4.3. For the avoidance of doubt, you agree that we have no obligation whatsoever to return any materials which you have submitted as part of your Participation whether or not you are selected to participate in the Feature and that we are in no way obligated to use any such materials in connection with the Feature or the Programme.
4.4. You grant us the right to use your name, voice, likeness,photographs and any biographical material and any Contribution concerning you in connection with the promotion and exploitation of the Feature and/or the Programme and/or ancillary products/services and/or in connection with us and/or the Broadcaster,throughout the world in all media in perpetuity.
4.5. You irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction in respect of any Contribution.
LIMITATION OF LIABILITIES
We shall not be under any liability in respect of:
5.1. any expense or costs you incur in making a Call or Call(s), participating in the Feature and/or the Game; or
5.2. any claim for loss of publicity or opportunity to enhance your reputation notwithstanding the fact that we may delay or abandon production or exploitation of the Feature and/or the Game and/or Programme or the use of the Contribution (notwithstanding that we may have advertised the same) or terminate this Agreement.
HOW YOUR INFORMATION WILL BE USED
6.1. “Personal Data” means data which relates to you, where you can be identified directly from that data or from that data together with other information in our possession; and “Sensitive Personal Data” means personal data consisting of information as to your a)racial or ethnic origin; b) political opinions; c) religious beliefs or other beliefs of a similar nature; d) membership (or not) of a trade union; e) physical or mental health or condition; f) sexual life; g) commission or alleged commission of any offence; h) involvement in and the outcome of proceedings for any offence committed or alleged to have been committed by you.
6.2. “Your Information” means any of the information, whether verbal or written, which you have or may subsequently provide to us in connection with your Participation for the Feature and the Programme including but not limited to any information which you have or may subsequently provide to us during the Participation and/or during the production of the Feature and Programme and any of your Personal Data and/or your Sensitive Personal Data.
6.3. For the purposes of the Data Protection Act 1998, as amended, you hereby agree and give your consent to the holding and processing of Your Information in any form, (whether obtained or held in writing, electronically or otherwise) by us and any third parties authorised by us, for the purposes of the development, production, promotion, exploitation and transmission of the Feature and Programme and such consent includes, but is not limited to, use by us of Your Information as follows:
6.3.1. to deal with any questions or complaints arising in relation to the Feature, the Game and the Programme;
6.3.2. to pass on to a regulator or governmental authority or law enforcement authorities including without limitation the Information Commissioner and/ or OFCOM should it be requested from us or if we are legally obliged to disclose Personal Data by a Court Order (and such request will be considered by us in light of our obligations under the Data Protection Act 1998 or any other applicable legislation/ law;
6.3.3. to share with professional advisors and/or the Broadcaster and/or within the ITV group of companies if we need to for any of the above purposes;
6.3.4. to verify your age, identity and other information as we may require for the administration of the Feature and the production and exploitation of the Programme; and
6.3.5. to carry out background checks with data handling agencies,law enforcement and government agencies.
6.4. You have the right of access to Your Information. If you decide that, other than as such parts of Your Information may have already been incorporated into the Feature and Programme, you no longer want us to hold, use or process all or any part of Your Information or you want to update your contact details please contact us.
You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us, the Feature or theProgramme or anyone taking part in it, which comes to your knowledge as result of your Participation in the Programme and Feature (if any). The foregoing will not include matters already in the public domain (other than by way of your breach of this Clause).
8.1. UK broadcasters are researching diversity on their productions. This covers diversity characteristics you choose to tell the broadcasters about and also how viewers might perceive diversity on screen. If you provide us with your e-mail address we will enter this in a system called Silvermouse. You will be invited to provide, and may do so at your option, your diversity characteristics – gender, ethnicity, disability, age, gender identity and sexual orientation. The broadcaster, as data controller, is responsible for this data and will have access to reports compiled from it for purposes of the research. Further information can be found here: http://creativediversitynetwork.com/diamond-contributors/.
8.2. Should there be a dispute regarding your Participation in the Feature or Game or Programme our decision on this dispute shall be final.
8.3. You agree that we may freely assign or licence your Participation(including these Terms and Conditions).
8.4. Your Participation and any non-contractual obligations arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales and each party irrevocably submits to the exclusive jurisdiction of the courts ofEngland and Wales to settle any dispute or claim that arises out of or in connection with your Participation or its subject matter.