Ref: KF/MDR/TL/20091103/187
THE KRYPTON FACTOR
PLEASE READ THE APPLICATION FORM AND THE TERMS AND CONDITIONS VERY CAREFULLY BEFORE COMPLETING AND SIGNING.
You are applying to be considered as a contestant in the programme provisionally entitled “THE KRYPTON FACTOR” (the “Programme”) which ITV Studios Limited (the “Producer”) intends but does not undertake to produce. The Producer does not guarantee that the Programme will be broadcast.
You agree that the information you give in this application form is correct. If any of the information you provide in this application form becomes incorrect between the date of this application form and the date of the Producer’s decision as to whether you have been selected to go forward to the next stage of the selection process, you agree to immediately inform the Producer of such change. You acknowledge that in the event the Producer selects you to appear in the Programme and you have given false or incorrect information on this application form, then the Producer shall be entitled to withdraw your participation in the Programme.
PROGRAMME ELIGIBILITY REQUIREMENTS
1. You must be aged 18 (eighteen) years or over and a current legal resident of the United Kingdom;
2. You must not be employed, and have not been previously employed or engaged by the Producer or the ITV group of companies, or sponsor of the Programme or any associated parent or subsidiary company, and you are not a live-in partner or immediate relative (i.e. mother, father son, daughter, brother or sister) of an employee at the Producer, ITV Plc or any associated parent or subsidiary company or any of agency or person associated with this competition; and
3. You must be in good general health and fitness, and take regular exercise.
TERMS AND CONDITIONS
1. These terms and conditions relate to your application to take part in the Programme which the Producer proposes but does not undertake to produce for broadcast on ITV1.
2. To be considered as contestant for the Programme you must follow the instructions to submit your application by one of the stipulated methods by the closing date, Saturday 1 May 2010 at 5:00 p.m. (the “Closing Date and Time”). The Producer reserves the right to extend the Closing Date and Time at their sole discretion. There is no restriction on the number of times you may apply up to the Closing Date and Time.
3. There is no charge for submitting an application via the stipulated methods, except sufficient postage must be paid and internet and/or service provider fees may apply.
4. You accept that due to the large number of applications the Producer shall receive that the Producer will not acknowledge or respond to each application but only to those of applicants selected for the next stage of the process. The Producer will review your application and shall decide which application is suitable to be put forward to the next stage of the selection process. The selection process is likely to involve auditions, which may include tests and other assessments, but the process is subject to change and shall be determined by the Producer in its absolute discretion. You accept that applicants will be selected for auditions and/or participation in the Programme at the sole discretion of the Producer, whose decision shall be final. You agree that there will be no right of appeal against any decisions taken by the Producer on this matter. Participation in auditions and the Programme will be subject to additional terms and conditions and you agree to be bound by these.
5. You agree that any application form which is incomplete, incomprehensible, incorrectly addressed, lost in transit, or with insufficient postage (where applicable), or not received by the Producer by the Closing Date and Time at the relevant address may not be considered and will be void.
6. You accept that the Producer cannot audition everyone who applies to participate in the Programme. If you are invited to an audition the Producer will contact you with details of when and where it will take place. If you do not hear from us then you have not been successful this time. Please note that sending an application form, or receiving a phone call from the Producer does not automatically mean that you will be appearing on the Programme and the Producer reserves the right at any time to stand down an applicant, even if the applicant has been given a recording date or other information relating to participation in the Programme. The Producer is not liable to reimburse an applicant for any expenses or costs incurred at any point during the application, audition or casting process unless otherwise agreed by the Producer.
7. You agree that you have truthfully and accurately completed this application form and acknowledge and agree that the Producer may in its sole discretion disqualify you from any stage of the Programme auditioning and selection process or the Programme itself at any stage if you supply or have supplied any false, incorrect, untruthful, inaccurate or misleading details and/or information and/or have failed to abide by the Terms and Conditions or rules, and/or otherwise have deceived the Producer about your identity or fail to abide with any other reasonable instructions or directions of the Producer or are otherwise in breach of any of the terms of this application form.
8. You agree that you shall notify the Producer immediately if there are any criminal charges and/or convictions brought against you from the date of this application form up to and including the date of transmission of the Programme.
9. You warrant that you have never been part of or contributed to a media story that may bring the Producer, the Programme or the ITV group into disrepute and further warrant that you will not withhold information from the Producer of any material fact (including but not limited to existing medical conditions) that may in the reasonable opinion of the Producer jeopardise or otherwise impact on the Programme or which might result in publicity adverse to the good name of the Producer, the Programme or the ITV group and you agree that should you have anything in your history that would make for negative press or publicity you agree to make the Producer aware of it in order to protect your interests and that of the Producer, the Programme and the ITV group.
10. You warrant that you comply with each of the Programme Eligibility Requirements on the application form, and if required by the Producer you agree to provide the Producer with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by the Producer to substantiate the information provided in this application form. The Producer reserves the right to render ineligible any person who the Producer determines, in its sole discretion, is deemed to fail to comply with the Programme Eligibility Requirements and/or is sufficiently connected with the Programme such that the applicant’s participation in the Programme could create the appearance of impropriety.
11. You agree to treat all information about the Producer, the Programme and the terms of this Agreement as strictly confidential, and shall not without the specific prior consent of the Producer, divulge, or allow to be divulged, to any person or persons, or use or publish or permit to be used or published, directly or indirectly the terms of this agreement or any details of any related negotiations or any information whatsoever connected with the Programme.
12. You agree to the photographic material(s) and any other materials as requested by the Producer (the “Submission”) and supplied by you as part of this application form being featured in the Programme and you warrant that you have the necessary licences, rights, consents and permissions to authorise the Producer to use your Submission in full or in part.
13. You agree to notify the Producer of any changes to the circumstances and/or information and/or data provided in this application form by writing to the Producer immediately.
14. Neither the Producer, the ITV group, nor their subcontractors accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any computer network, system, server, provider, telephony system or otherwise or any postal service failures which may result in any application form not being properly received.
15. The Producer does not represent, undertake or warrant that it will produce or broadcast any episode of the Programme which may or may not include an applicant’s participation.
16. Nothing in these terms and conditions restricts your statutory rights as a consumer. For more details on your statutory rights, contact your local Trading Standards Office or Citizen's Advice Bureau. If you have a query about your application, you may contact ITV’s Viewers Service by phone on 0844 88 14150, or by email at viewerservices@itv.com or at itvihelp@itv.com.
17. “ITV” is ITV Consumer Limited, 200 Gray’s Inn Road, London WC1X 8HF (registered number 2937518).
18. Data Protection Statement
(a) The Producer takes your privacy very seriously and shall comply with its obligations under the Data Protection Act 1998 to the extent that it collects and processes your personal data.
(b) You agree and accept that the Producer may use the information you have provided in this application form to verify your age and identity and to carry out background checks with law enforcement and government agencies.
(c) Unless you are selected for the next stage of the process, if you do not provide your consent to the future use of your personal information, your application form will be destroyed once the selection process has been completed. If your application is selected for the next stage of the process, your data will be retained for administrative purposes for as long as is necessary.
19. The terms and conditions of this application form shall be governed by the laws of England and are subject to the exclusive jurisdiction of the English Courts.
