TERMS AND CONDITIONS
By completing and signing your Application Form for the Program you hereby agree to the following terms and conditions (the “Terms and Conditions”):
1. GENERAL
1.1. These Terms and Conditions relate to your application to take part in the Program and form part of your Application Form.
1.2. You are solely responsible for any and all costs or expenses incurred by you in making the application for the Program, (including but not limited to: calls made, postage, ISP charges, telephony fees, travelling expenses, transportation, accommodation, meals, drinks, insurance, taxes and other costs). Under no circumstances will we, or the Broadcaster cover these or any additional costs.
1.3. We and our subcontractors do not accept any responsibility whatsoever for any technical failure, malfunction of or any other problem with any computer network, system, server, provider, telephony system or otherwise or for any postal service failures which may result in any application not being properly received.
1.4. You agree that if your Application Form is incomplete or incomprehensible or incorrectly submitted and if applicable incorrectly addressed, lost in transit, containing insufficient postage, not received by us at the relevant postal or email address or sent in after any specified closing date that it may not be considered.
1.5. You accept that, due to the large number of applications we receive, we will not acknowledge or respond to each and every application but only to those of applicants who we wish to put forward to the next stage of the selection process. We will review your Application Form and shall decide which applications are suitable to be put forward to the next stage of the selection process. You accept and agree that contestants will be selected at our sole discretion, that such decisions shall be final and that there will be no right of appeal against any decisions taken by us on this matter.
1.6. You acknowledge that your application does not constitute entry into a relationship or association of any kind with us (including an employment relationship or fiduciary relationship) and you agree that you will receive no payment for possible participation in the casting process.
1.7. You accept that receiving an Application Form and/or a phone call and/or other correspondence from a member of the Program production team and/or attending an audition (“Audition”) and/or attending any recording days DOES NOT automatically mean that you will be appearing on the Program and we reserve the right, at our sole discretion, to stand you down at any time during the casting or production process, even if you have been given a date to attend Audition(s) and/or recordings.
1.8. We do not represent that we will produce or broadcast any episode of the Program or to include any applicant’s participation in the Program.
2. YOUR OBLIGATIONS
2.1. You agree to attend any Audition or related process, heats and promotional activities relating to the Program if required by us on any dates as shall be notified to you.
2.2. You must bring proof of age to any Audition to which you are invited, or other stages of the Program selection process as requested by us.
2.3. You agree to undertake a medical and/or psychological assessment (including screening for drugs, prohibited substances or communicable diseases), conducted by a certified practitioner, if so required by us at places to be determined by us, and provide all medical and other information requested by any person appointed by us to carry out such examinations or assessments.
2.4. You warrant that you comply with each of the Eligibility Requirements 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 Application Form.
2.5. You will comply with all health and safety rules, guidance and protocols and health and safety policies and procedures and any specific production protocols (including, without limitation, any protocols issued in relation to COVID-19), as notified to you by the Producer and/or the Broadcaster.
2.6. You further warrant that you have completed this Application Form accurately and honestly.
2.7. You agree, that if you are formally selected to appear on the Program, to sign a further participant agreement at our request and you shall promptly execute and deliver such participant agreement and perform such acts and complete any other documentation as may be required for the purpose of giving full effect to the participant agreement.
2.8. Without limiting the Eligibility Requirements, you acknowledge that participation in the Program may require you to be up to date with your immunisations.
2.9. You agree to abide by the rules and regulations of the Program (“Rules”) as shall be notified to you in writing or verbally. You accept that we may vary such Rules from time to time and that our decisions in this matter are final.
2.10. You warrant that nothing in your Application Form will:
2.10.1. infringe the copyright or any other right of any third party;
2.10.2. breach any contract or duty of confidence;
2.10.3. constitute a contempt of court or expose us to any civil or criminal proceedings; and/or
2.10.4. otherwise be intended to bring us or any other party into disrepute.
2.11. You agree that we may in our sole discretion disqualify you from any stage of the Program selection process, including any Audition, or the Program 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 Program if:
2.11.1. 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;
2.11.2. you fail to abide by these Terms and Conditions or the Rules of the Program;
2.11.3. you fail to abide with any of our other reasonable instructions or directions;
2.11.4. by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or
2.11.5. you fail to meet the Eligibility Requirements.
2.12. You agree to notify us of any changes to the circumstances and/or information and/or data provided in your Application Form, including any criminal charges, investigations and/or convictions which are brought against you, during your continued participation in the Program selection process and the Program itself.
2.13. 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 Application Form including but not limited to any extra costs of production of the Program.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. In the event that you are invited to attend any other subsequent stages of the Program selection process, including any Audition, 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 application for the Program (the “Contribution”) and the use of your Contribution in connection with the Program in whole or in part or not at all.
3.2. 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 Program or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adapt or translate the Contribution as we see fit.
3.3 You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your application to appear as a contestant in the Program and/or as part of your Contribution (collectively referred to as the “Submission”) may be featured in the Program 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. You hereby grant us a worldwide, perpetual, royalty free and transferable licence (with the right to sub-licence) to use, edit, reproduce, translate, exploit, make available to others and prepare derivative works of your Submission by any medium or method now known or later developed to be exercised in our sole discretion 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 if we so request.
3.4 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 Application Form 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 Program.
3.5 You grant us and the Broadcaster the right to use your name, voice, likeness, photographs and any biographical material and any Contribution or Submission concerning you in connection with the Program or future series of the Program (including without limitation for publicity, promotion and sponsorship of the Program or any future series of the Program) and any ancillary or merchandising products, services or endorsements derived therefrom throughout the world in all media in perpetuity.
3.6 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. For the purposes of this clause, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
3.7 You shall do all such acts and execute all such documents as we may require to vest in or confirm to us or our successors in title and licensees the copyright and all other rights assigned or granted or purported to be assigned or granted by you to us herein.
4. PRIVACY
4.1. You consent to us and the Broadcaster collecting using and disclosing your personal information (including any sensitive information as defined in the Privacy Act 1988 (Cth) (“Act”) for the purposes set out in the Privacy Collection Statement below.
5. CONFIDENTIALITY
5.1 You acknowledge that it is essential to us that all matters concerning the Auditions and the Program are kept absolutely confidential. You understand that you may obtain information about the Audition process, the production of the Program, publicity and promotion of the Program, the people who have applied to participate in the Auditions or appear on the Program and about our business that is not generally available to the public. This is all Confidential Information.
5.2 You promise that, at all times before, during and after the Audition (unless otherwise required by law):
(a) you will keep the Confidential Information secret and confidential;
(b) you will not use the Confidential Information for any purpose; and
(c) you will not disclose the Confidential Information to any other person or allow or make it possible for any other person to see any of the Confidential Information.
5.3. Without limiting clause 5.1, you promise that you will not make any statement or give any interview about the Audition or the Program to any media person or outlet without our prior written consent regardless of whether you are selected as a participant in the Program. You also promise that you will not communicate to the public via the internet (e.g. blogs, personal websites, chat-rooms) at any time about my participation in the Audition or Program.
5.4. If you breach any of the promises you have made in this application, you understand that you could cause serious financial and other loss to us and we might take legal action against you to prevent you from breaching those promises or to recover from me any losses suffered.
6. MISCELLANEOUS
6.1. Should there be a dispute regarding your participation in the Program our decision on this dispute shall be final.
6.2. You agree that we may freely assign or licence your Application Form (including these Terms and Conditions).
6.3. This Application Form 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 New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the New South Wales courts to settle any dispute or claim that arises out of or in connection with the Application Form or its subject matter.
PRIVACY COLLECTION STATEMENT
ITV Studios Australia Pty Limited (“ITV Studios”) and the Nine Network Australia Pty Limited (“Broadcaster”) are committed to protecting your privacy. This Privacy Collection Statement, sets out how ITV Studios and the Broadcaster will collect, manage and protect any Personal and Sensitive Information that is provided to them through the course of this application process.
By applying to become a participant in the Program, you agree that both ITV Studios and the Broadcaster are collecting your Personal Information (as defined in the Privacy Act 1988 (Cth) (“Act”)) for the primary purpose of selecting participants in the Program, considering your eligibility to appear in the Program and for use in the production, promotion, distribution and exploitation of the Program. You acknowledge that if you do not provide ITV Studios and/or the Broadcaster (or their nominees) with the requested information then you cannot be considered for participation in the Program.
ITV Studios may disclose your Personal Information with its related bodies corporate within the ITV Group (defined below), the Broadcaster, the Broadcaster Group (defined below), as well as casting agents, sponsors and advertisers for the above purposes. Your Personal Information may also be disclosed to distributors overseas, typically in Europe, for the purpose of promoting and distributing the Program. ITV Studios may also disclose your Personal Information to any other person or entity as is expressly covered by its Privacy Policy or as otherwise permitted or required by any law (including the Act).
ITV Group means the Producer and each of its related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)); each of their respective directors, officers, employees, contractors, partners, representatives and agents, both past and present; and each of their respective assignees and licensees.
Broadcaster Group means the Broadcaster and each of its Related Bodies Corporate, each of their respective directors, officers, employees, contractors and agents, both past and present, and each of their respective assignees and licensees.
Some information you provide to ITV Studios may constitute Sensitive Information (as defined under the Act). You also grant ITV Studios (and any medical practitioner engaged by ITV Studios), the necessary rights and consents under the Act and Heath Records and Information Privacy Act 2002 (NSW), to allow ITV Studios and its representatives to (i) collect and disclose such medical and health information for the purposes of the production of the Program, including in connection with determining your suitability to participate in the Program; and (ii) the discharge of ITV Studios’ duty of care to you. ITV Studios and the Broadcaster will handle your Personal Information in accordance with: in respect of ITV Studios, its Privacy Policy, which is available at https://itvstudios.com.au/privacy and the Privacy Collection Statement, and in respect of the Broadcaster, their Privacy Policy which is available on its website at: https://login.nine.com.au/privacy?client_id=9nowweb
Both Privacy Policies contain information regarding how you can access your Personal Information, correct it and/ or make a complaint about our handling of your Personal Information. By providing your Personal Information, you agree to the terms of each respective Privacy Policy and the Privacy Collection Statement