Sofawatch - Terms and Conditions
ANT & DEC’S SATURDAY NIGHT TAKEAWAY (SERIES 18) – EPISODE 6 - SOFAWATCH
DATA PROTECTON STATEMENT AND ENTRY TERMS AND CONDITIONS
DATA PROTECTION STATEMENT
For more information on how we process your personal information, please read our privacy notice here: www.itv.com/studiosprivacy (our "Privacy Notice").
ENTRY TERMS AND CONDITIONS
1.1. We are ITV Studios Limited trading as Lifted Entertainment, a company registered in England and Wales (registered number: 0310625) of 2 Waterhouse Square, Holborn, London, EC1N ("we", "us", "our") and we are the co-producers of Ant & Dec’s Saturday Night Takeaway (Series 18) (the "Programme") together with Mitre Studios Limited (registered company number: 07844965) of 180 Great Portland Street, London, W1W 5QZ, which we intend but do not undertake, to produce for initial transmission by ITV (the "Broadcaster").
1.2. It is our intention to include a feature provisionally entitled "Sofawatch" (the "Feature") in the fifth episode of the Programme.
1.3. By attending the Location (as defined below) (following any announcement of the Feature in this episode of the Programme) you agree to be bound by these terms and conditions (the "Terms and Conditions").
1.4. We are not responsible for any expenses you incur in attending the Location.
2. THE ELIGIBILITY REQUIREMENTS TO TAKE PART IN THE FEATURE
In order to be able to be eligible and Register (as defined below) for the Feature, you must meet the following eligibility requirements:
2.1. you are 18 (eighteen) years old or over;
2.2. if you are in attendance at the Location as part of a wider group or household you must be the only person Registering for the Feature on behalf of such group or household;
2.3. you are not:
2.3.1. currently employed by us or the Broadcaster or TUI UK Limited; or
2.3.2. a live-in partner or immediate relative (i.e., mother, father, son, daughter, brother or sister) of someone who works on the Programme;
2.4. you have not already received free or complimentary “Takeaway Getaway” ticket(s) from us during the course of this series of the Programme whether in connection with the Feature or otherwise; and
2.5. you are not a guest accompanying someone who was the recipient of free or complimentary ticket(s) for the "Takeaway Getaway"
(the above shall be collectively defined as the "Eligibility Requirements").
3. HOW THE FEATURE WORKS
3.1. It is our intention to run the Feature in episode 5 (five) of the Programme, however, you understand that we cannot guarantee this.
3.2. You acknowledge that we have the right at our sole discretion to reasonably amend the rules around the Feature but if we elect to do this, we shall seek to notify viewers of any amendments and changes in advance of such changes being implemented.
3.3. In the episode in which the Feature is included, the presenters of the Programme will make an announcement showing viewers a sofa that we have placed at an unidentified location somewhere within the United Kingdom (the "Location").
3.4. Viewers who think they recognise the Location and fulfil the Eligibility Requirements will be invited to attend the Location to try and formally register themselves ("Register" and derivatives of the same) before the first of either 250 (two hundred and fifty) people being Registered (the "Cap") or the deadline referred to by the Programme presenters during their announcement of the Feature (the "Deadline"). Those who Register before the first of either the Cap being reached or the Deadline will become "Registered Individual(s)" and will be in with a chance of winning a Prize (as defined below in Clause 4). We reserve the right to formally announce the exact identity of the Location during the Programme but before the Deadline 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.
3.5. Individuals in attendance at the Location before the Deadline will be asked to queue in an allocated line and given a numbered ticket. The allocation of a numbered ticket DOES NOT constitute such individual(s) being Registered for the Feature and is simply a tool in order for us to monitor the number of individuals in any queues that we are managing. We will endeavour to Register any individuals waiting in any queue who meet the Eligibility Requirements before the first of either the Cap or the Deadline is reached but those in attendance understand and acknowledge that Registration is NOT guaranteed even though someone may be in attendance at the Location. As such 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 is (i) after the Deadline has passed; and/or (ii) as and when the Cap is reached; and/or (iii) as and when we reasonably deem it no longer practicable for us to admit and/or Register any more people into the Location (including, without limitation, where health and safety concerns prevent us from admitting/Registering any more people into/at the Location): and/or (iv) if any inappropriate or threatening behaviour is displayed.
3.6. 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 who meets the Eligibility Requirements to Register for the Feature.
3.7. 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, at our sole discretion, into the filmed part of the Location area to feature solely as an on-screen contributor of the Feature without being a Registered Individual for the Feature. Should anyone under the age of 18 (eighteen) years old be in attendance at the Location, whilst they shall not be entitled to Register for the Feature, should a parent/guardian of theirs accompany them, such child may be allowed by us to remain in the filmed part of the Location area to also feature as an on-screen contributor provided their parent/guardian consents to them to doing so.
3.8. Those individuals in attendance at the Location who have been formally Registered by us before the first of either the Cap or the Deadline is reached shall be deemed to be a Registered Individual for the Feature and will be allocated a numbered paddle which shall be allocated in the order people have been Registered, so for example, the first person Registered will get the number one paddle, the second person Registered will get the number two paddle and so forth.
3.9. You understand that we have the right to stand down any Registered Individual if such Registered Individual fails to comply with these Terms and Conditions and/or the Eligibility Requirements and as such, participation in the Feature is not guaranteed.
3.10. After the Deadline has passed:
3.10.1. the presenters of the Programme will return to Location and reveal the identity of the Location. We will also show the Registered Individuals at the Location;
3.10.2. then, in the studio, the presenters of the Programme will hand over to a Programme contributor to draw a single numbered ball from a container (the “Container”) with such Container having been filled with numbered balls corresponding with the numbers assigned to each of the Registered Individuals). The first ball drawn from the Container by the Programme contributor will be deemed as the winning number (this being the "Selected Number”); and the Selected Number will then be revealed on Location. It is that Registered Individual who has number paddle which matches number of the Selected Number who will be deemed to be the recipient of the Prize (as defined below) (the “Recipient”) and they will be invited to collect the Prize.
3.11. In the event of any error in the running of the Feature and/or the selection of the Selected Number, our decision with respect to the handling of such error and/or failure shall be final.
4. THE PRIZE FOR THE RECIPIENT
4.1. You understand that in the event that you are confirmed as the Recipient of a "Takeaway Getaway" prize package (the "Prize") it is subject to you agreeing to signing our "Takeaway Getaway" prize acceptance letter (which will contain full details of the Prize and conditions attached to the Prize) as well as you making no act or omission in breach of obligations, agreements contained within these Terms and Conditions and any other paperwork you provide to us.
4.2. The Prize referred to in the Feature and the Programme may be subject to change in circumstances which are beyond our reasonable control and there may be conditions attached to the prizes/benefits that are not mentioned during the Feature and Programme.
4.3. In the event that you are confirmed as the Recipient, you agree to promptly liaise with any third parties supplying the prizes/benefits (including without limitation any required travel agencies, airlines, resorts and/or hotels) to ensure that you comply with all conditions associated with the Prize and provide them with all required information.
4.4. Unless agreed otherwise, you shall not look to us in respect of any warranties or guarantees relating to the Prize or hold us in any way liable for the performance or suitability of the Prize.
4.5. In the event of any error and/or failure in the awarding of the Prize, our decision with respect to the handling of such error and/or failure including, but not limited to the awarding of the Prize shall be final.
4.6. Your refusal to accept the Prize shall constitute a forfeiture of the Prize and you shall release us of all obligations in connection with the Prize.
4.7. The Prize awarded shall be non-transferable, non-negotiable, non-refundable with no cash alternative unless otherwise agreed with us in our absolute discretion.
4.8. You agree and understand that we may at our sole discretion withhold or reclaim the Prize due to be awarded to you as a result of being confirmed as the Recipient if any of the following events occur:
4.8.1. you are found to have breached or violated any of these Terms and Conditions and/or any instructions by us;
4.8.2. if you have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Broadcaster in any way; and/or
4.8.3. you fail, refuse or neglect to perform any of the obligations herein or are otherwise in breach of any obligation contained in these Terms and Conditions and such failure, refusal, neglect or breach is not remedied (if capable of remedy) within a period of time notified to you (with such time period being solely determined by us).
5. YOUR CONTRIBUTION FOR THE PROGRAMME
5.1. By attending the Location, you consent to us filming and recording you for the Programme and you assign (i.e. give) to us all rights in and to all in the resulting products of your contribution to the Programme (the "Contribution") so that we can use it throughout the world in perpetuity (i.e. forever) in any and all media now known or in the future without any further fees becoming due to you.
5.2. You understand that although we hope to use your Contribution, we cannot guarantee this.
5.3. You understand that we may edit, copy, adapt and/or translate your Contribution and you agree to waive any "moral rights" (these are rights which are personal to you and can’t be assigned to us which is why a waiver is required instead).
6. YOUR OBLIGATIONS
6.1. You hereby confirm that:
6.1.1. you comply with each of the Eligibility Requirements and these Terms and Conditions and, if required by us, you will provide us with evidence to confirm any the information provided you;
6.1.2. you understand the nature and purpose of the Feature and the Programme;
6.1.3. you are fully entitled to grant all rights we require and can freely enter into these Terms and Conditions;
6.1.4. the content of your Contribution shall, to the best of your knowledge and belief, be true in all respects;
6.1.5. you will advise us of any information which might compromise or call into question the integrity of your Contribution and/or might impact the Feature and/or the Programme and/or our and/or the Broadcaster’s reputation;
6.1.6. nothing in your Contribution and/or the Materials will infringe any data protection laws, including the UK General Data Protection Regulation and the UK Data Protection Act 2018 (both as amended, replaced or repealed from time to time, any copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory, and/or otherwise bring us or any other party into disrepute; and
6.1.7. you will comply with all other relevant laws in connection with your Contribution.
7. YOUR WELLBEING, HEALTH AND SAFETY AND COVID-19
7.1. Whilst we anticipate your time on the Programme to be a positive experience, you accept that in taking part in the Programme you may be the subject of media interest, possible personal criticism or judgment in a public arena (including, without limitation, on social media) which we can’t control and which you may find physically, mentally and emotionally challenging. You therefore confirm that you have considered the potential impact of taking part in the Feature and the Programme and understand the nature and requirements of the Programme and the Feature.
7.2. You acknowledge that the Programme may also include actions and opinions, of yourself, and other participants, which you might deem personal, surprising, embarrassing or of an otherwise unfavourable nature. You acknowledge that the inclusion of such material is fundamental to the Programme and that we may edit, delete and dub the Programme (including your Contribution) at our discretion. Notwithstanding the foregoing, if your Contribution is broadcast in the Programme, we confirm that we will (i) not subject you and/or your Contribution to any unfair or unjust treatment and (ii) represent you fairly.
7.3. You also confirm that you are in good mental and physical health and that you are not aware of any physical or mental reasons (including phobias, allergies, epilepsy, high blood pressure, back complaints, or any recent illness, operation or course of drug treatment) which would, or be likely to, endanger your health or the health of others during your participation in the Feature and the Programme.
7.4. You acknowledge that there is an element of risk of exposure to the 2019 coronavirus infectious disease caused by severe acute respiratory syndrome coronavirus (SARS-Cov-2) including any strains, variants or mutations thereof otherwise known as "Covid-19" associated with any form of participation in an activity involving other individuals working at relatively close proximity. While we shall adhere to UK government guidelines and production and industry Covid-19 mitigation protocols and follow all risk assessment recommendations applicable at the time of your Contribution to minimise the risk of exposure to Covid-19, you acknowledge that there remains a possibility that you may come into direct or indirect contact with Covid-19 and you freely and willingly agree to participate in the Feature and the Programme in this knowledge.
7.5. You shall at all times comply with any health and safety requirements and requests stipulated by us, including without limitation, complying with any industry television production guidance as well all relevant legislation, orders, advice and general guidance set out by the government in the country where your Contribution is being provided in managing the risk of Covid-19 (which may include, without limitation, maintaining social distancing, wearing a face covering - all as and when reasonably required by us) . Furthermore, where requested by us, you may be required to complete a Covid-19 declaration of health form and/or undergo a temperature check and such other instructions or mitigations required and notified to you by us.
You shall keep confidential and shall not disclose to any third party, any information, photographs or other material relating to the Feature, your Contribution, us, the Programme or anyone taking part in it unless otherwise agreed by us in writing
9.1. You agree that we shall not be liable to you for any loss, damage or injury to you or your property suffered in connection with our making of the Feature and/or Programme unless caused by our negligence.
9.2. Broadcasters and the Creative Diversity Network ("CDN") are monitoring diversity on UK television through Diamond. They have a legitimate interest in collecting diversity information about our industry, and if you provide us with your name and email address we will enter this in a system called "Silvermouse" and you may be invited to provide your diversity characteristics. The broadcasters and CDN, as data controllers, are responsible for this data and will retain your name and email address for this purpose in Silvermouse for as long as diversity is monitored by them. They also collect information about how viewers might perceive diversity on screen. Further information about Diamond can be found here: http://creativediversitynetwork.com/diamond/contributors/
9.3. We may amend, change or revise the Terms and Conditions at any time in our absolute discretion.
9.4. We shall be entitled to assign these Terms and Conditions and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties herein hereby submit to the exclusive jurisdiction of the courts of England and Wales.