The X Factor: Celebrity - New Group Names - Terms and Conditions of Submission

These terms and conditions relate to your submission of a new group name (“Submission”) for one or more of the groups (each a “Group”) performing in the television programme “The X Factor: Celebrity” (“the Programme”) whichFremantleMedia Limited trading as Thames (“Fremantle”) and Simco Limited (together the “Producer”). Should your Submission, or any part of your Submission, be selected for any of the Groups, it may be used by the Producer or the Group including, but not limited to, while the Group is a participant in the Programme. The Producer and the Group do not undertake to include any Submission in the Programme.

1. Who can make a Submission:

You must be aged 13 years or over and have an eligible Instagram account to make a Submission. If you are aged under 18 and make a Submission, please make sure that your parent or guardian has read and agreed to these terms and conditions and consented to you making the Submission.

You are not eligible to make a Submission if you are an employee or a close relation of an employee of FremantleMedia Group, Simco Limited or any parent, subsidiary or associated company.

2. Opening/closing date & time:

Submissions can be made as set out below while the story containing the relevant call to action is live on The X Factor Instagram account.

3. Method of Submission:

All Submissions must be made by responding with your suggested group name to the story on the official The X Factor account relating to the relevant Group. No other methods(including without limitation, email or tweets) will be accepted.

You accept that making a Submission DOES NOT automatically mean that your Submission will be considered, selected or included in the Programme and we reserve the right, at our sole discretion, to disregard any Submission at any time during the selection process. We do not represent that we will produce or broadcast any episode of the Programme or include any Submission in the Programme.

By making a Submission you are signifying your agreement to these terms and conditions.

There is no charge for making a Submission but internet service provider fees may apply for accessing the internet. Submissions received outside the stated date(s) and time(s) will not be considered.

4. Rights and ownership

You covenant, warrant and undertake to the Producer that:

(a) your Submission will be original to you and will not infringe the trade marks, copyright or other rights of any third party or be defamatory or in breach of any contract or any duty of confidentiality orin contempt of court; and

(b) the use of the Submission exclusively by theProducer, the Group and any authorised third party shall not infringe the rights, including any intellectual property rights, of any third party;

You acknowledge that, should your Submission, or any part of your Submission, be selected for any of the Groups, Fremantle will be entitled to own and use and will own and use your Submission, or any part of your Submission, in any and all media, whether now known or later devised, throughout the world in all languages in perpetuity without restriction.

Without limiting the foregoing, you irrevocably assign (including by way of present assignment of future copyright)all right, title and interest in and to your Submission (including all copyright and any extensions and renewals of that copyright) to Fremantle for use in any and all media, whether now known or later devised, throughout the world in all languages in perpetuity without restriction.

You waive any so-called “moral rights” in your Submission and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 (as amended) (the “Act”) or otherwise, and the benefits of any provision of law known as "droit moral" or any similar law in any country of the world as you now have or may hereafter acquire in relation to yourSubmission. Fremantle shall have the right to modify your Submission or any part of it in any way that it thinks fit.

You agree that you shall not provide or license your Submission to any third party nor post your Submission on any other website or platform.

You warrant that there has not been any previous grant of any other licence to third parties in relation to yourSubmission and it is expressly understood that the Producer has not assumed any obligations under any other contracts entered into by you.

By making a Submission, you (and if you are under 18, your parent/guardian also) irrevocably and unconditionally waive any and all rights and/or financial interest which you may have in respect of the Submission. For clarity, this means that no fee will be paid to you in the event your Submission, or any part of your Submission, is selected for use by any Group. You (and if you are under 18, your parent/guardian) agree to sign such further documents as may be required by Producer to confirm the above.

5. Indemnity

You hereby agree to indemnify, release and hold harmless the Producer and the Group and their successors, in any action arising from the use of your Submission, resulting from any breach by you of any warranty, representation or any other provision of these terms.

6. General

You should not make any Submission containing any material which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. Any such Submission(s) may be deemed unsuitable and not put forward for the Producer to consider.

TheProducer, their sub-contractors, subsidiaries and/or agencies do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any network or line, system, server, provider, software or otherwise which may result in any Submission being lost or not properly received, registered or recorded or Links not being properly accessed.

The Producer cannot promise that the website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The system and/or service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the reasonable control of the Producer. The Producer will not be liable to you or to any other person in the event that all or any part of the system and/or service is discontinued, modified or changed in any way.

These terms and conditions may be amended or varied at any time without prior notice. Any changes will be posted on the website at www.itv.com/xfactor.

7. Privacy

Information and data which is provided by you when you make a Submission will be held and used by Fremantle and parties associated with it in connection with this promotion, the production and promotion of the Programme. Any personal data will be used by Fremantle in accordance with Fremantle’s privacy policy, available at https://fremantle.co.uk/privacy-notice-promotions.pdf.

If you have any questions regarding use of your personal information or if you would like to update our information because your details have changed, please send an e-mail to privacy.officer@fremantlemedia.com marked for the attention of the Data Protection Officer or contact the Data ProtectionOfficer by post at FremantleMedia Limited, 1 Stephen Street, London W1T 1AL.