Ant and Dec’s Saturday Night Takeaway – Series 15 – “Sofawatch: Battle of Britain” Registration Terms and Conditions
By attending one of the pre-determined locations shown during the broadcast of “Ant and Dec’s Saturday Night Takeaway - Series 15”(the “Programme”) and formally registering with us (“Register(ing)/Registration/Registered”and other derivatives of the same) in order to take part in the feature entitled “Sofawatch: Battle of Britain” (the “Feature”) you hereby agree to the following terms and conditions(the “Terms and Conditions”):
1.1. ITVStudios 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 form part of your Registration to take part in the Feature.
1.3. 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 these Terms andConditions for future reference.
1.4. We do not represent that we will produce or broadcast any episode of the Programme or to include your participation in the Feature and/or Programme.
1.5. Our right to terminate or modify the Feature and/or the Programme at our sole discretion is strictly reserved.
1.6. You undertake that by making your Registration for the Feature that you meet the following eligibility requirements:
1.6.1. you are 18 (eighteen) years old or over;
1.6.2. only one person per household or group shall be allowed to Register for the Feature;
1.6.3. you are not:
188.8.131.52. currently employed by us or the Broadcaster and have not been previously employed by us, any of the ITV group of companies, theBroadcaster,Virgin Holidays Limited,Virgin Atlantic Airways Limited, Virgin Atlantic Airways International Limited(collectively referred to as "Virgin") or Universal CityDevelopment Partners, Ltd. (doing business as Universal Orlando Resort) ("Universal");or
184.108.40.206. a live-in partner or immediate relative (i.e. mother, father, son, daughter, brother or sister) of an employee of ours or theBroadcaster, any of the ITV group of companies,Virgin orUniversal; or
220.127.116.11. professionally associated with us or the Programme;
1.6.4. you have not already received free or complimentary “Place On The Plane” ticket(s) from us during the course of this series of the Programme whether in connection with theFeature or otherwise;
1.6.5. you are not a guest accompanying someone who was the recipient of free or complimentary ticket(s)for the “Place On The Plane";
(the above shall be collectively defined as the “EligibilityRequirements”).
1.7. If any of the information you provide to us as part of your Registration 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 presenters of the Programme (the “Presenters”)will make an announcement during a broadcast of an episode of the Programme asking viewers if they recognise one of 2 (two) pre-determined locations where a sofa or other form of seating has been placed by us (the “Location(s)”) and that if they do recognise one of the Locations, inviting them to attend one of the Location(s)and Register to take part in the Feature. If a viewer meets the Eligibility Requirements and these Terms andConditions (in particular Clauses 2.3 and 2.4 below) and Registers at one of the Location(s) before the cut off time(s) announced by the Presenters (the “Deadline”) they will, at our sole discretion, be invited into the specific area of the Location which features the sofa or other form of seating as a Registered entrant for the Feature (the “Registered Attendee”). The Registered Attendee will be allocated a number and may then be in with a chance of being chosen to complete in the Challenge (as defined in Clause 2.5) to win a “Place on ThePlane” for themselves and 3 (three) guests to go to Universal Orlando Resort,Florida (the “Invitation”) although this opportunity is at our discretion. You understand that by being in attendance at a Location does not guarantee that you will be Registered before the Deadline. We reserve the right to formally announce the exact identity of the Location(s) during the Programme at our sole discretion if we subsequently deem that the viewers or too few viewers are unable to determine the exact identity of the Location(s).
2.2. If applicable, if more than one person from a household or group is in attendance at a Location, then the household or group will need to nominate 1 (one) member from their household or group to Register for the Feature and that 1 (one)Registered person may be the only one who is allocated a number by us.
2.3. Subject to the restrictions set out in Clause 2.4, people attending one of theLocation(s) seeking to be Registered for the Feature will only be Registered for the Feature provided they meet the Eligibility Requirements and comply with these Terms and Conditions. For the avoidance of doubt, people attending one of the Location(s) but who have not/are not Registered for the Feature may still be invited into the Location area to feature solely as an on-screen contributor of the Feature without being a Registered Attendee for the Feature.
2.4. We reserve the right to stop Registering people for the Feature and/or stop admitting people into the specific area of the Location where the sofa or other form of seating has been set up (i) after the Deadline has passed; and/or (ii) as and when we reasonably deem it no longer practicable for us to admit and/orRegister any more people into/at a Location (including, without limitation, where health and safety concerns prevent us from admitting/Registering any more people into/at a Location): and/or (iii) if any inappropriate or threatening behaviour is displayed.
2.5. After the Deadline has passed:
2.5.1. the Presenters will return to the 2 (two) pre-determined locations and to those RegisteredAttendees at each Location;
2.5.2. oneRegistered Attendee from each Location will then be revealed by the Presenters using numbers which correspond to the numbered paddles allocated to eachRegistered Attendee at Registration. The selected Registered Attendee from eachLocation will then compete in a head-to-head challenge (the “Challenge”); and
2.5.3. the winner of the Challenge from one of the Locations (as decided solely by us) shall be the person awarded the Invitation (the “Recipient”).
2.6. Subject always to Clause 1.6 above, it is intended that the Recipient will receive a “Place on The Plane” ticket to Orlando, Florida and at our sole discretion, up to 3(three) guests to accompany them.
2.7. In order for the Recipient and any guests that the Recipient wishes to accompany them (the “Guests”) to take up theInvitation, you and the Guests must comply with the following:
2.7.1. the Recipient must be aged 18 (eighteen) years or older and either the Recipient or one of the Guests must be over the age of 21 (twenty-one) to take up the Invitation.PLEASE NOTE: if any of your Guests are aged under 8 (eight) years old then unfortunately they cannot be admitted into the audience for the recording of the final episode of the Programme but this will not prevent the Recipient and their Guests (even if they include individuals under the age of 8 (eight) years old) from taking up the Invitation;
2.7.2. theRecipient and the Guests must be able to get to London Gatwick Airport at their own expense to leave on the flight on Tuesday 3rd April 2018 and must all be able to travel at the same time on the same flight;
2.7.3. theRecipient and the Guests must be free between 3rd April 2018 (when the flight departs the UK) and 10th April 2018 (when the flight returns to the UK) in order to take up the Invitation;
2.7.4. theRecipient and the Guests must all have a valid passport with at least 6 (six)months remaining on it and the Recipient and the Guests must be eligible and be able to obtain any required visa documentation for travel to the United States of America before flying on Tuesday 3rdApril 2018 and be able to comply with all applicable immigration and other travel regulations which you and your Guests would be solely responsible for completing and incurring the costs for (if any). WE ADVISE THAT YOU START THIS PROCESS AS SOON AS POSSIBLE AND NO LATER THAN SATURDAY 31st MARCH2018 if you are selected as a Recipient);
2.7.5. any children who make up the Guests must be accompanied by their parent or legal guardian; and
2.7.6. the Recipient and the Guests will need to comply with further terms and conditions as provided to you by us, Virgin and Universal.
2.8. Unless the Recipient and the Guests otherwise have a valid visa to travel to the USA, we would expect the Recipient and their Guests to be able to travel to the US under the Visa Waiver Program (“VWP”)and the Recipient and the Guests should be aware that people generally qualify to enter the USA using a VWP if the Recipient and their Guests:
2.8.1. have a British passport that (i) describes their nationality as a‘British Citizen’ and (ii) is an ePassport with an internationally recognised symbol on the front cover; or the Recipient and the Guests have a ePassport with an internationally recognised symbol on the front cover and area citizen of another country which is recognised under the VWP; and
2.8.2. haven’t been arrested for certain crimes, even if a criminal conviction didn’t result (you should note that the US Embassy states in its guidance that: it does not recommend that travellers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record, certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously over stayed under the terms of the VWP, attempt to travel visa free under the VWP);
2.8.3. aren’t a dual national of Iran, Iraq, Libya, Sudan or Syria.
2.8.4. haven’t travelled to Libya, Iran, Iraq, Somalia, Sudan, Syria or Yemen since March 2011; and
2.8.5. have received authorisation from the ElectronicSystem for Travel Authorisation at least 72 hours before travelling.
2.9. You agree that the Invitation may be subject to change at any time including at our sole discretion.
2.10. You agree that in no event shall you look to us in respect of any warranties or guarantees relating to the Invitation or hold us in any way liable for the performance or suitability of the Invitation.
2.11. In the event of any error and/or failure of any nature whatsoever affecting the manner in which the Feature and/or Programme is produced, the outcome of theFeature and/or the selection of the Recipient of the Invitation, our decision with respect to the handling of such error and/or failure including, but not limited to the selection of the Recipient for the Invitation shall be final.
2.12. Your refusal to accept the Invitation shall constitute a forfeiture of the Invitation and you shall release the Broadcaster and us of all obligations in connection with such Invitation.
2.13. The Invitation and any other token prizes awarded shall be non-transferable, non-negotiable, non-refundable with no cash alternative unless otherwise agreed with us.
3.1. When attending one of the Locations at no point should you endanger yourself or others, take any unnecessary risks or infringe any laws.
3.2. You agree to abide by the rules and regulations of the Challenge and/or Feature and/orProgramme 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.
3.3. You understand that if you are chosen as the Recipient of the Invitation we will be asking you to make full disclosure to us of any criminal conviction(s) you may have, any on-going criminal proceedings or investigations which you are the subject of as well as any County CourtJudgments made against you (if any) and we reserve the right to carry out background checks to verify this information carried out by third party organisations. Disclosure of criminal convictions, current criminal proceedings and/or County Court Judgments may not automatically exclude you from participating in the Feature and Programme and taking up the Invitation but we shall be entitled to exercise our sole discretion in this regard. In all cases our decision shall be final. If we later discover that you have criminal convictions or County Court Judgments you have not informed us about previously when asked, you accept that reference may be made to these convictions and/or judgments publicly.
3.4. You warrant that you comply with each of the Eligibility Requirements 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 Registration.
3.5. You agree, that if you are included in the Feature, to sign a further agreement a tour 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.
3.6. You warrant that you will:
3.6.1. not (or attempt to) cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome of the Feature;
3.6.2. not infringe the copyright or any other right of any third party;
3.6.3. not breach any contract or duty of confidence;
3.6.4. not constitute a contempt of court or expose us to any civil or criminal proceedings;
3.6.5. not bring us or any other party into disrepute;
3.6.6. not bring onto, nor have in your possession at the Location(s) any illegal drugs, weapons (whether legal or illegal), or other illicit items, as we may determine in our sole and absolute discretion;
3.6.7. not engage in any illegal or potentially illegal activities (including but not limited to drug use or violence) at the Location(s) or elsewhere;
3.6.8. not take any alcohol or medication in such amounts as shall or may adversely affect your ability to provide your participation in the Feature or may cause your behaviour to become threatening and/or abusive to others involved in the Feature and/or Programme or at the Location(s); and
3.6.9. comply with all rules and regulations for the time being in force at such places where the Feature and/or Programme is shot or recorded and all television programme guidelines laid down by any regulatory body or broadcaster including all ourHealth & Safety policies.
3.7. You agree that we may in our sole discretion withdraw you from the Feature and/or disqualify you from any stage of the Feature and/or Programme itself and/or withhold or reclaim any prize (including the Invitation) or other benefit awarded or due to be awarded to you as a result of your participation in the Feature and Programme if:
3.7.1. you engage in inappropriate behaviour (including, without limitation, being intoxicated, engaging in threatening behaviour and/or physical violence);
3.7.2. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Broadcaster in anyway including without limitation about your identity;
3.7.3. you fail to abide by these Terms and Conditions or the rules and regulations of theFeature and Programme;
3.7.4. you fail to abide with any of our other reasonable instructions or directions;
3.7.5. by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or
3.7.6. you fail to meet the Eligibility Requirements.
3.8. You agree to notify us of any changes to the circumstances and/or information and/or data provided as part of your Registration, including any criminal charges, investigations and/or convictions which are brought against you, during your continued participation in the Feature and Programme.
3.9. 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 Registration including but not limited to any extra costs of production of the Feature and Programme.
INTELLECTUAL PROPERTY RIGHTS
4.1. By making an attendance at one of the Location(s), 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 attendance for the Feature and Programme (the “Contribution”) and the use of your Contribution in connection with theFeature and Programme 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 Feature and/or Programme or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adapt or translate the Contribution as we see fit.
4.3. You further agree that any photographic material(s),video material(s) and/or any other materials you have submitted as part of yourRegistration for the Feature and/or as part of your Contribution (collectively referred to as the “Submission”) may be featured in the Feature and/or Programme and you warrant that you have the necessary licences, rights, consents and permissions to authorise us to use your Submission in full or in part.
4.4. You grant us a worldwide, perpetual, royalty free and transferable licence (with the right to sub-licence) to use, edit, record, modify, translate, distribute, make available to others, prepare derivative works of and exploit your Submission by any medium or method whether now known or later developed throughout the world for the full term of copyright and other rights and all renewable and extension thereof. You agree to provide us with details of all such licences, rights, consents and permissions relating to the Submission if we so request.
4.5. For the avoidance of doubt, you agree that we have no obligation whatsoever to return any materials (including without limitation, the Submission) which you have submitted as part of your attendance at a Location whether or not you are selected as a Registered Attendee or Recipient and that we are in no way obligated to use any such materials in connection with the Feature or the Programme.
4.6. You grant us the right to use your name, voice, likeness, photographs and any biographical material and any Contribution or Submission concerning you in connection with the promotion and exploitation of the Feature and/or Programme and/or ancillary products/services and/or in connection with us and/or the Broadcaster, throughout the world in all media in perpetuity.
4.7. 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 and/or Submission.
LIMITATION OF LIABILITIES
We shall not be under any liability in respect of:
5.1. any expense or costs you incur by attending one of the Location(s); 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 Programme or the use of the Contribution (notwithstanding that we may have advertised the same) or terminate thisAgreement; or
5.3. any loss or damage to your property whilst in transit to or from or whilst at places where you shall render the Contribution under thisAgreement except to such extent if at all as we may be able to enforce a claim under any policy or insurance effected by us; or
5.4. any personal injury, ailment or your death arising out of orin the course of the engagement herein to the extent permitted by law and except to such extent if at all as the same was due to our negligence.
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 PersonalData” means personal data consisting of information as to your a) racial or ethnic origin; b) political opinions; c) religious beliefs or other beliefs ofa 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 Registration for the Feature, attendance at a Location and your appearance on the Feature and Programme including but not limited to any information which you have or may subsequently provide to us during the Registration and selection process and/or during the production of the Feature and Programme and any your Personal Data and/or your SensitivePersonal 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 assess whether or not you are included for the Feature and Programme;
6.3.2. to deal with any questions or complaints arising in relation to the Feature and Programme;
6.3.3. 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;
6.3.4. 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;
6.3.5. 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
6.3.6. 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 Programme our decision on this dispute shall be final.
8.3. You agree that we may freely assign or licence your Registration (including theseTerms and Conditions).
8.4. YourRegistration 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 of England and Wales to settle any dispute or claim that arises out of or in connection with the Registration or its subject matter.