Ant and Dec's Saturday Night (Series 15) "Takeaway Express" - Participation Terms & Conditions
By taking part (your “Participation”) in the activity referred to during the “Takeaway Express” feature (the “Feature”) during the broadcast of “Ant and Dec’s Saturday NightTakeaway – Series 15” (the “Programme”) you here by agree to the following terms and conditions (the “Terms and Conditions”):
1.1. ITV Studios Limited (“we”,“us”, “our”) intends, but does not undertake, to produce the Programme for initial transmission by ITV Rights Limited (the "Broadcaster"). The Feature shall be incorporated into and form part of the Programme.
1.2. These Terms and Conditions form part of your Participation in the Feature.
1.3. These Terms and Conditions may be amended at any time without prior notice. Any changes will be posted on the itv.com website. It is your responsibility to ensure you review these Terms and Conditions before applying to take part, and we recommend that you print and store or save a copy of these Terms and Conditions for future reference.
1.4. We do not represent that we will produce or broadcast any episode of the Programme or to include your Participation in the Programme.
1.5. Our right to terminate or modify the Feature and/or the Programme at our sole discretion is strictly reserved.
1.6. By participating for the Feature you undertake that you meet the following eligibility requirements:
1.6.1. participants must be aged a minimum of 12 (twelve) years old or over to take part in the Feature. Anyone aged under 18 (eighteen) who wishes to take part in the Feature to take up the Show Invitation (as defined by us in Clause 2.1) must be accompanied by their parent/legal guardian (the “Guardian”) in order for them to take up the Show Invitation;
1.6.2. neither you, and if applicable, your Guardian can be:
126.96.36.199. currently employed by us or the Broadcaster and been previously employed by us, any of the ITV plc. group of companies or the Broadcaster within the last 10 (ten) years preceding 30 April 2018; or
188.8.131.52. a live-in partner or immediate relative (i.e. mother, father, son, daughter, brother or sister) of an employee of ours or the Broadcaster or any of the ITV plc. group of companies; or
184.108.40.206. professionally associated with us or the Programme
(the above shall be collectively defined as the “Eligibility Requirements”).
1.7. If any of the information you provide to us as part of your Participation or in any subsequent correspondence that you enter into with us changes, you agree to promptly inform us of any such changes.
2.1. The presenter(s) of the Programme will make an announcement during the broadcast of the first episode of the Programme identifying a location (the “Location”) where we will have a specially commissioned mode of transportation (the “Transportation”) waiting to take a set number of people (with such number to be determined at our sole discretion) to The London Studios (the “Studio”) to be in the audience for the first episode of the Programme. If an attendee at the Location meets theEligibility Requirements and these Terms and Conditions (in particular Clauses2.2 and 2.3 below) and registers at the Location before the cut off time announced by the presenters (the “Deadline”)they may at our discretion be invited on to the Transportation to be taken to the Studio and be sat in the audience for the remainder of the live recording of the first episode of the Programme (the “Show Invitation”) although this opportunity is at our discretion. In the event that we anticipate that not enough people will take up the set number of places we have available on the Transportation, we reserve the right to approach people in and around the Location and invite them to take up a place on the Transportation.Each person allocated a place on the Transportation and awarded a ShowInvitation shall be referred to as a “Recipient”. For the avoidance of doubt, if one of the Recipients is a child aged between 12(twelve) and 17 (seventeen) years old, they will only be eligible to take up the Show Invitation if their Guardian accompanies them to the Studio too. If the Guardian attends the Studio then the Guardian will be deemed to be aRecipient as well.
2.2. Subject to the restrictions set out in Clause 2.3, people attending the Location may be admitted on to the Transportation provided they meet the Eligibility Requirements and comply with these Terms and Conditions.
2.3. We reserve the right to stop admitting people into theLocation and/or the Transportation (i) after the Deadline has passed; and/or(ii) as and when we reasonably deem it no longer practicable for us to admit any more people into the Transportation that we have arranged (including,without limitation, where health and safety concerns prevent us from admitting any more people onto the Transportation): and/or (iii) if any inappropriate or threatening behaviour is displayed.
2.4. The Show Invitation shall consist of the Recipient receiving an audience seat to be in attendance for the remainder of the live recording of the Programme at the Studio on the same evening. You agree that your refusal to travel by the Transportation that we provide shall constitute a forfeiture of the Show Invitation and you shall release the Broadcaster and us of all obligations in connection with such Show Invitation.
2.5. You agree that the Show Invitation may be subject to change at any time including at our sole discretion.
2.6. You agree that in no event shall you look to us in respect of any warranties or guarantees relating to the Show Invitation or hold us in any way liable for the performance or suitability of the Show Invitation.
2.7. In the event of any error and/or failure of any nature whatsoever affecting the manner in which the Feature and/or Programme is produced, the outcome of the Feature and/or the selection of the Recipient of the Show Invitation, our decision with respect to the handling of such error and/or failure including, but not limited to the selection of the Recipient for the Show Invitation shall be final.
2.8. Your refusal to accept the Show Invitation shall constitute a forfeiture of the Show Invitation and you shall release the Broadcaster and us of all obligations in connection with such Show Invitation.
2.9. The Show Invitation shall be non-transferable, non-negotiable, non-refundable with no cash alternative unless otherwise agreed with us.
3.1. When attending the Location and/or the Transportation at no point should you endanger yourself or others, take any unnecessary risks or infringe any laws.
3.2. You agree to abide by the rules and regulations of the Feature as shall be notified to you in writing or verbally. You accept that we may vary such rules and regulations from time to time and that our decisions in this matter are final.
3.3. You understand that if you are chosen as the Recipient of the Show Invitation we will be asking you or if you are a child, your Guardian, to make full disclosure to us of any criminal conviction(s) you may have, any on-going criminal proceedings or investigations which you are the subject of as well as any County Court Judgments made against you (if any) and were serve the right to carry out background checks to verify this information carried out by third party organisations. Disclosure of criminal convictions, current criminal proceedings and/or county court judgments may not automatically exclude you from participating in the Feature and/or the Programme and/or taking up the Show Invitation but we shall be entitled to exercise our sole discretion in this regard. In all cases our decision shall be final. If we later discover that you have criminal convictions or County Court Judgments you have not informed us about previously when asked, you accept that reference may be made to these convictions and/or judgments publicly.
3.4. You warrant that you comply with each of the EligibilityRequirements and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided in your Participation.
3.5. You agree, that if you are included in the Feature, to sign a further agreement at our request and you shall promptly execute and deliver such agreement and perform such acts and complete any other documentation as may be required for the purpose of giving full effect to the agreement.
3.6. You warrant that you will:
3.6.1. not (or attempt to) cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome of the Feature;
3.6.2. not infringe the copyright or any other right of any third party;
3.6.3. not breach any contract or duty of confidence;
3.6.4. not constitute a contempt of court or expose us to any civil or criminal proceedings;
3.6.5. not bring us or any other party into disrepute;
3.6.6. not bring onto, nor have in your possession at the Location and/or the Transportation and/or the Studio any illegal drugs, weapons (whether legal or illegal), or other illicit items, as we may determine in our sole and absolute discretion;
3.6.7. not engage in any illegal or potentially illegal activities (including but not limited to drug use or violence) at the Location and/or the Transportation and/or the Studio or elsewhere;
3.6.8. not take any alcohol or medication in such amounts as shall or may adversely affect your Participation to us or may cause your behaviour to become threatening and/or abusive to others involved in the Feature and/or the Programme or at the Location and/or the Transportation and/or the Studio; and
3.6.9. comply with all rules and regulations for the time being in force at such places where the Feature and/or the Programme is shot or recorded and all television programme guidelines laid down by any regulatory body or broadcaster including all our Health & Safety policies.
3.7. You agree that we may in our sole discretion withdraw you from the Feature and/or disqualify you from any stage of the Feature and/or Programme itself and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your Participation in the Feature and Programme if:
3.7.1. you engage in inappropriate behaviour (including, without limitation, being intoxicated, engaging in threatening behaviour and/or physical violence);
3.7.2. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Broadcaster in any way including without limitation about your identity;
3.7.3. you fail to abide by these Terms and Conditions or the rules and regulations of the Feature and Programme;
3.7.4. you fail to abide with any of our other reasonable instructions or directions;
3.7.5. by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or
3.7.6. you fail to meet the Eligibility Requirements.
3.8. You agree to notify us of any changes to the circumstances and/or information and/or data provided including any criminal charges,investigations and/or convictions which are brought against you, during your continued Participation in the Feature and Programme.
3.9. You agree to indemnify us and our assigns and licensees against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or non-observance by you of any of your obligations and representations under your Participation including but not limited to any extra costs of production of the Feature and Programme.
INTELLECTUAL PROPERTY RIGHTS
4.1. By making your Participation at the Location, you agree and consent to the filming and recording of you and your voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with your Participation for the Feature and Programme (the “Contribution”) and the use of your Contribution in connection with the Programme in whole or in part or not at all.
4.2. You irrevocably 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 your 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.
4.3. You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your Participation 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.
4.4. 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.
4.5. 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 Participation 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 Feature or the Programme.
4.6. 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.
4.7. You irrevocably 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.
LIMITATION OF LIABILITIES
We shall not be under any liability in respect of:
5.1. any expense or costs you incur in participating at the Location and/or the Transportation and/or the Studio; or
5.2. any claim for loss of publicity or opportunity to enhance your reputation notwithstanding the fact that we may delay or abandon production or exploitation of the Feature and/or Programme or the use of the Contribution (notwithstanding that we may have advertised the same) or terminate this Agreement; or
5.3. any loss or damage to your property whilst in transit to or from or whilst at places where you shall render the Contribution under this Agreement except to such extent if at all as we may be able to enforce a claim under any policy or insurance effected by us; or
5.4. any personal injury, ailment or your death arising out of or in the course of your Participation herein to the extent permitted by law and except to such extent if at all as the same was due to our negligence.
HOW YOUR INFORMATION WILL BE USED
6.1. “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.
6.2. “Your Information” means any of the information, whether verbal or written, which you have or may subsequently provide to us in connection with your Participation for the Feature and your appearance on the Programme including but not limited to any information which you have or may subsequently provide to us during the Participation and selection process and/or during the production of the Programme and any your Personal Data and/or your Sensitive Personal Data.
6.3. 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:
6.3.1. to assess whether or not you are included for the Feature and Programme;
6.3.2. to deal with any questions or complaints arising in relation to the Feature and Programme;
6.3.3. 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 1998or any other applicable legislation/ law;
6.3.4. 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
6.3.5. to verify your age, identity and other information as we may require for the administration of the Feature and the production and exploitation of the Programme; and
6.3.6. to carry out background checks with data handling agencies, law enforcement and government agencies.
6.4. You have the right of access to Your Information. 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 contact us.
You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us, the Feature or the Programme or anyone taking part in it, which comes to your knowledge as result of your Participation in the Programme and Feature (if any). The foregoing will not include matters already in the public domain (other than by way of your breach of this Clause).
8.1. UK broadcasters are researching diversity on their productions. This covers diversity characteristics you choose to tell the broadcasters about and also how viewers might perceive diversity on screen. If you provide us with your e-mail address we will enter this in a system called Silvermouse. You will be invited to provide, and may do so at your option, your diversity characteristics – gender, ethnicity, disability, age, gender identity and sexual orientation. The broadcaster, as data controller, is responsible for this data and will have access to reports compiled from it for purposes of the research.Further information can be found here: http://creativediversitynetwork.com/diamond-contributors/.
8.2. Should there be a dispute regarding your Participation in the Feature or Programme our decision on this dispute shall be final.
8.3. You agree that we may freely assign or licence your Participation(including these Terms and Conditions).
8.4. Your Participation 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 the Participation or its subject matter.