Britain’s Got Talent 2019: Voting Terms and Conditions ROI

Ref: BGTV/HK/LD/20190523/380

BRITAIN’S GOT TALENT VOTE: VOTING TERMS AND CONDITIONS

These terms and conditions are applicable to votes cast solely in the Republic of Ireland (the “Irish Vote”) and apply as between the viewer of the Virgin Media Television broadcast of the Britain’s Got Talent programme in the Republic of Ireland, and us, Virgin Media Television, the promoter of the Britain’s Got Talent vote in the Republic of Ireland.

Voting method and cost:

Viewers in the Republic of Ireland can vote for the acts they wish to keep in the competition on the Britain’s Got Talent programme (the “Programme”).

Viewers may register their vote by dialling the PRTS numbers listed on www.virginmediatelevision.ie/bgtvote. Please remember to dial carefully. Viewers will hear a short message thanking them for their vote. Each phone vote costs €0.76, including VAT from an eir landline. Calls from other networks may be higher and from mobiles will be considerably more. The total cost will be dependent on viewers’ network operators. €0.225 from each vote will go to the Royal Variety Charity.

A helpline is available to Irish viewers on direct dial 0818 946 800. The cost of this call will be the cost of a national rate call charged by the caller’s network operator.

If there are technical or other issues with the Irish Vote including without limitation any error in publishing the Irish Vote numbers, the producers of the Programme reserve the right to discount the Irish Votes, and announce the result of the vote without including those affected votes.

Neither Virgin Media Television, the Promoter nor the producers of the Programme will be liable to viewers or to any other person in the event that any vote is lost, delayed or not properly received, registered or recorded or where all or any part of the service relating to a vote is discontinued, modified or changed in any way or that a viewer is unable to vote for any reason.

The broadcaster of the Programme in the UK, ITV, is not responsible for any vote services promoted outside the UK, Channel Islands and Isle of Man or for any unofficial voting methods as these are not within its control. Votes must not be sent in through agents or on behalf of another person, and viewers cannot submit votes as an agent of any other person. The Programme producers reserve the right to discount votes if they have reasonable grounds to suspect they have been made from outside the UK, Channel Islands, Isle of Man and Republic of Ireland, from unofficial third party voting services or otherwise in breach of any applicable voting terms and conditions.

Please note that it is not possible to vote via any other method not specified here.

Opening/closing times:

Voting opens and closes as specified in the Programme.

Voting restrictions:

Viewers may vote as many times as they like, however the Promoter and the producers of the Programme believe that any votes for one act which are received from any one recognised number in excess of 480 votes are deemed to be designed to manipulate the outcome of the vote and are unfair to other users and other acts. The Promoter and the Programme producers reserve the right in their sole discretion to disqualify any votes made above that number, having regard to all the circumstances and information available at the relevant time. The Promoter and/or the Programme producers may in their sole discretion contact voters who have voted to an excessive level.

Voting results:

The outcome of the vote will be shown in the Programme. The outcome will reflect total votes cast across the UK, Channel Islands, Isle of Man and Republic of Ireland and no breakdown of the Irish Vote will be made available to Virgin Media Television viewers (subject always to Virgin Media Television’s and the Programme producer’s previously mentioned rights to discount the Irish Vote or any part thereof in the event of any technical or other issues affecting the Irish Vote).

Two (2) acts will be sent to the final from each of the semi-finals of the Programme as follows:

• the act with the highest number of votes will automatically proceed to the final; and• the two (2) acts with the next highest number of votes will face the judges’ vote to determine which one of those two (2) acts will proceed to the final. In the event that the judges’ vote results in a tie, the act with the most public votes will proceed to the final.

In the event of a tie in the public vote at any stage of the competition, the judges' decision will determine which act(s) stay or leave or win (as applicable) the competition. In the event of a tie in the public vote to determine who will win Britain’s Got Talent 2019, the judges’ decision will determine the winner. In the event that the judges’ votes are tied at any stage of the competition the nominated head judge will have the deciding vote. The judges’ decision will be final.

The producers of the Programme and/or judges may in their discretion reintroduce an act seen in earlier stages of the competition which was previously eliminated by the judges.

A ‘wildcard’ act may also be introduced in the following circumstances:

• the judges may, in their sole discretion, nominate a semi-final act to appear in the final as a 'wildcard' act. The nominated wildcard act may be any act that previously performed across the semi-finals. The Programme producers' and/or judges' decision will be final; or• the third placed act from each semi-final night may go into a ‘wildcard’ vote. The vote will launch at the end of the last semi-final show and will close later that evening. Specific voting times will be specified in the Programme.During the final of the Programme, the act with the most valid votes will be declared the winner of the competition.

Any variation on the format of elimination as set out in these terms and conditions will be announced in the Programme and such format as announced in the Programme will prevail.

Contingencies:

If any of the acts are unable to perform or are prevented from performing fully in the Programme for any reason including without limitation medical reasons, then the producers of the Programme will in their sole discretion decide whether that act will continue in the competition; to end their participation in the competition; suspend their participation temporarily; play in the dress rehearsal footage in substitution of a live performance or ask that the act re-perform having regard to all circumstances and information available to them at the relevant time. The producers of the Programme will in their sole discretion determine if another act may be allowed to enter the competition.

If the outcome of a vote cannot be reasonably determined because of a technical failure or other circumstances beyond the reasonable control of the Promoter, the producers of the Programme, their agents or sub-contractors, then the judges’ decision will determine the outcome. The judges’ decision will be final.

If the vote is cancelled then the judges will decide on the outcome of the vote, or the vote will be postponed at the Promoter’s and Programme producers’ discretion. Any decision by the judges or by the Promoter and Programme producers will be final.

General:

Nothing in these terms and conditions restricts viewers’ statutory rights as consumers. Nothing in these terms and conditions shall exclude or limit the Programme producer’s, ITV’s or Virgin Media Television’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud.

Except as set out above, Virgin Media Television (“VMTV”), ITV and/or the Programme producers do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by viewers as entrants or participants howsoever arising from participating in a competition, vote or poll or from accepting any prize whether due to any error, omission or other caused by VMTV, ITV, the Programme producers or its or their employees, agents or others.

Except as set out above, none of VMTV, ITV or the Programme producers is responsible for any damage or loss caused to viewers (i) which is not reasonably foreseeable to viewers and to VMTV, ITV or the Programme producers when viewers agree to these terms and conditions (which occurs automatically when viewers vote) or (ii) is reasonably foreseeable to viewers and to VMTV, the Programme producers and/or ITV when viewers agree to the terms and conditions but is only indirectly related to viewers participating in a vote.

These terms and conditions may be amended from time to time without prior notice. Any changes will be posted on the website at www.virginmediatelevision.ie.

Privacy

VMTV, ITV and the Programme producers will use information provided by viewers (including without limitation viewers’ phone numbers) to provide this voting service and for associated purposes including without limitation analysis. For more information about how VMTV uses viewers’ data, please see the VMTV privacy policy at www.virginmediatelevision.ie/privacypolicy. Viewers’ information will not be used for marketing purposes.

Vote Service Provider: Harvest Media (UK) Limited, 180 Piccadilly, London, W1J 9HF.

Promoter: Virgin Media Television Limited, Building P2, Eastpoint Business Park, Clontarf, Dublin 3

General Virgin Media Television terms and conditions are also applicable. Please go to www.virginmediatelevision.ie/player/terms-and-conditions for General Terms and Conditions.