By completing and signing your Application Form you hereby agree to the ITV General Participation Terms and Conditions detailed at http://www.itv.com/terms/participation-charity/itv-general-participation-terms (the “ITV General Participation Terms”) and these terms and conditions(the “Programme Terms”) (together, the “Terms and Conditions”):
These Programme Terms relate to your application to take part in the Programme and form part of your Application Form.
- INTELLECTUAL PROPERTY RIGHTS
2.1. In the event that you and your Family Team are invited to attend an audition and any other subsequent stages of the Programme selection process, you agree and consent to the filming and recording of you and your Family Team Members and your respective voices, conversations and sounds, including any performance of any musical composition(s), during and in connection with your application for theProgramme (the “Contribution”) and the use of the Contribution in connection with the Programme in whole or in part or not at all.
2.2. You irrevocably grant and assign, and on behalf of and with the authority and consent of the FamilyTeam Members hereby 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 the 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.
2.3. You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your application to appear as a contestant in the Programme and/or as part of your Contribution (collectively referred to as the “Submission”) may be featured in the 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.
2.4. 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.
2.5. 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 Application Form whether or not you are selected as a participant and that we are in no way obligated to use any such materials in connection with the Programme.
2.6. 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 Programme and/or ancillary products/services and/or in connection with us and/or the broadcaster of the Programme,throughout the world in all media in perpetuity.
2.7. You irrevocably waive, and on behalf of and with the authority and consent of the Family Team Members 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.
- HOWYOUR INFORMATION WILL BE USED
3.1. “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.
3.2. “Your Information”means any of the information, whether verbal or written, which you have or may subsequently provide to us in connection with your appearance on the Programme, including but not limited to any information which you have or may subsequently provide to us during the application and selection process and/or during the production of the Programme and any your Personal Data and/or your Sensitive Personal Data.
3.3. 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 Programme and such consent includes, but is not limited to,use by us of Your Information as follows:
3.3.1. to assess whether or not to select you for the Programme;
3.3.2. to deal with any questions or complaints arising in relation to the Programme;
3.3.3. 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;
3.3.4. 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
3.3.5. to verify your age, identity and other information as we may require for the production and exploitation of the Programme;
3.3.6. to carry out background checks with data handling agencies, law enforcement and government agencies.
3.4. We (and/or other group companies) will only contact you about future series of the Programme and other shows produced by us or by another company within the ITV plc group of companies if you have specifically consented under the section of the Application Form headed “Future Contact”. If you do not consent to this future use of Your Information and you are not selected to participate in the Programme Your Information will be securely destroyed once the Programme selection process has been completed.
3.5. You have the right of access to YourInformation. If you decide that, other than as such parts of Your Information may have already been incorporated into the 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 e-mail us at email@example.com.
4.1. Should there be a dispute regarding your participation in the Programme our decision on this dispute shall be final.
4.2. You agree that we may freely assign or licence your Application Form (including theseTerms and Conditions).
4.3. In the event of any inconsistency between the provisions of the ITV General Terms and the Programme Terms, the Programme Terms apply.
4.4. Your Application Form 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 your Application Form or its subject matter.