By completing and submitting an online application form (“Application Form”) for the Program (as defined in the Application Form) produced by Producer (as defined in the Application Form), you hereby agree to the following terms and conditions (the “Terms and Conditions”):
1. GENERAL
1.1. These Terms and Conditions relate to my application to take part in the Program and form part of my Application Form.
1.2. You are solely responsible for any and all costs or expenses you may incur in applying to participate or my participation in the Program, (including but not limited to: calls made, postage, telephone fees, traveling expenses, transportation, accommodation, meals, drinks, insurance, taxes and other costs). Under no circumstances will Producer or the Network (as defined in the Application Form) cover these or any additional costs.
1.3. You accept that, due to the large number of applications we receive, we make no guarantee that all Application Forms received will be reviewed, acknowledged, responded to or used in any manner whatsoever. Only those of applicants who we wish to advance forward to the next stage of the selection process will be contacted. You accept and agree that participants 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. We reserve the right to disqualify and/or exclude, in our sole and absolute discretion, any individual from any portion of the selection process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the application process. We also reserve the right to change the rules and procedures at any time. Being chosen to advance forward in the selection process does NOT ensure that you will be selected to continue to the next stage of such selection process.
1.4. 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.
1.5. You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and Network in their sole discretion. You understand that the participant selection process may also involve subjective decisions made by the public. You further understand that those certain individuals, Network, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. You understand and agree that all participant selection and elimination decisions shall be final and binding in all respects and shall not be subject to challenge or appeal.
2. YOUR OBLIGATIONS
2.1. You agree to abide by the rules and regulations of the Program 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.
2.2. You agree to attend any auditioning processes, selection events, finals weeks, and promotional activities relating to the Program if required by us on any dates as shall be notified to you.
2.3. You must bring proof of age to any auditions/selection events to which you are invited.
2.4. To the maximum extent permitted by law, you agree to undertake a medical and/or psychological assessment, conducted by a certified practitioner(s), if so required by Producer and/or Network.
2.5. You represent and warrant that you comply with each of the eligibility requirements and, if required by Producer and/or Network, you agree to provide us with documentary evidence as well as providing all consents, questionnaires, and assistance in carrying out any background searches if so required by us to substantiate the information provided in your Application Form.
2.6. You agree, that if you are formally selected to appear on the Program, to sign additional forms and agreements, including without limitation, a participant agreement and all exhibits, schedules, and attachments thereto, and you shall promptly execute and deliver such forms and agreements, and perform such acts and complete any other documentation as may be required for the purpose of participating in and in connection with the Program.
2.7. You represent and warrant that nothing in your Application Form will:
2.7.1. infringe nor violates any intellectual property right or any other right of any third party;
2.7.2. breach any contract, including any exclusivity provisions or any confidentiality provisions;
2.7.3. constitute a contempt of court or expose Producer and/or Network to any civil or criminal proceedings; and/or
2.7.4. violate any applicable laws, rules or regulations;
2.7.5. otherwise be intended to bring Producer and/or Network or any other party into disrepute.
2.8. You agree that Producer and/or Network may in our sole discretion disqualify you from any stage of the Program selection process 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 with or without reason, including without limitation:
2.8.1. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Network in any way including without limitation about your identity;
2.8.2. you fail to abide by these Terms and Conditions or the rules and regulations of the Program;
2.8.3. you fail to abide with any of our other reasonable instructions or directions;
2.8.4. by reason of your conduct (including past conduct) that may bring us or the Network into disrepute; and/or
2.8.5. you fail to meet the eligibility requirements at any time.
2.9. 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.
2.10. You represent, warrant, and agree that, in the event you are invited to attend an audition or any other stages of the Program selection process or are selected to appear on the Program, your attendance at, participation in, and any other actions related to the Program selection process or the Program will at all times comply with any and all applicable federal, state or local law, rules or regulations, including without limitation the UK Bribery Act of 2010 and the U.S. Foreign Corrupt Practices Act as amended.
2.11. You agree to indemnify and hold Producer and/or the Network and our parents, subsidiaries, assigns and licensees harmless against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, alleged breach or non-observance by you of any of your representations, warranties, or agreements under the 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 an audition and any other subsequent stages of the Program selection process, you agree and grant to us the right to film and record you, your performance, any copyrightable material you may create, and your voice, conversation and sounds, including any performance or underlying composition of any musical composition(s), during and in connection with your application for the Program (the “Contribution”) and the right to use your Contribution, likeness, name, and information relating to you in connection with the Program in whole or in part or not at all or other related programs, including best-ofs and compilations of the Program, in any form of media and by any method now known or later discovered anywhere in the universe in perpetuity. Your Contribution shall also include any self-filming and/or -recording (audio or visual) you may conduct, perform, or participate in, in connection with your audition, any other prior or subsequent stages of the Program or Program selection process, the Application Form, or the Program in whole or in part.
3.2. You acknowledge and agree that such Contribution and its underlying elements shall be deemed works-made-for-hire specially ordered or commissioned by us under Section 101 of the United States Copyright Act, and we shall be the exclusive owners of the results and proceeds of such with the right, among other things, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Program. If for any reason the results and proceeds shall not be considered works-made-for-hire, then you irrevocably grant and assign to us by way of present assignment of present and future copyright, all rights of any nature (including but not limited to copyrights, trademarks, in and to the rights, title and interest in your Contribution and the results and proceeds thereof so as to permit the fullest use throughout the universe 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, dub, or translate the Contribution and the Program 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 participant 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 licenses, rights, consents and permissions to authorize us to use your Submission in full or in part.
3.4. Without limiting anything contained in paragraphs 3.1 and 3.2, you grant us an irrevocable worldwide, perpetual, royalty free and transferable license (with the right to sub-license) 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 universe in perpetuity and other rights and all renewable and extension thereof. You agree to provide us with details of all such licenses, rights, consents and permissions relating to the Submission if we so request.
3.5. 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 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.
3.6. 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 Program or future series of the Program (including without limitation for publicity, marketing, 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 universe in all media, whether now known or hereafter devised, in perpetuity. You grant the rights hereunder whether or not You are selected to participate in the Program in any manner whatsoever.
3.7. You irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights", “droit moral”, or any similar laws, however denominated, of any jurisdiction in the world in respect of the Program and/or any Contribution and/or Submission.
4. HOW YOUR INFORMATION WILL BE USED
4.1. “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.
4.2. “Your Information” means any of the information, whether verbal or written, which you have or may subsequently provide to us in connection with your appearance on the Program, including but not limited to any information which you have or may subsequently provide to us during the application and selection process and/or during the production of the Program and any your Personal Data and/or your Sensitive Personal Data.
4.3. 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 authorized by us, for the purposes of the development, production, promotion, exploitation and transmission of the Program and such consent includes, but is not limited to, use by us of Your Information as follows:
4.3.1. to assess whether or not to select you for the Program;
4.3.2. to deal with any questions or complaints arising in relation to the Program;
4.3.3. to pass on to a regulator or governmental authority or law enforcement authorities should it be requested from us or if we are legally obliged to disclose Personal Data (and such request will be considered by us in light of our obligations under any applicable legislation/ law;
4.3.4. to share with professional advisors and/or the Network and/or our parent, affiliates or subsidiaries if we need to for any of the above purposes;
4.3.5. to verify your age, identity and other information as we may require for the production and exploitation of the Program; and
4.3.6. to carry out background checks with data handling agencies, law enforcement and government agencies.
4.4. For more information regarding the privacy of Your Information, please see the Privacy Policy at https://itva-casting-privacy-policy.itv.com/.
5. CONFIDENTIALITY
Whether or not you are selected to be a participant on the Program, you shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or Network: any information or materials that you may read, hear or otherwise acquire or learn in connection with or as a result of your participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to Network, the business of Producer or Network, any program produced by Producer or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the participant selection process, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of the Application Form, these Terms and Conditions, or any other agreement or document that you sign, have signed or receive from Producer or Network at any time (collectively, the “Confidential Information”). You acknowledge and agree that your obligations with respect to confidentiality set forth herein shall continue in perpetuity or until terminated by Network by giving you written notice of termination. In no event will you have the right to terminate your confidentiality obligations under this document. You acknowledge that in the event you breach the confidentiality or any other provisions of this document, your breach may, in the sole discretion of Producer or Network, result in you being disqualified to participate as a participant in the Program. You further acknowledge that a breach by you of any of the confidentiality provisions of this document would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, you hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this document by you.
6. LIMITATIONS ON LIABILITY
6.1. You acknowledge and agree that the Producer and Network, and their respective agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive or review Application Forms due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer, Network, or otherwise, that may limit an participant’s ability to submit the Application Form; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Application Form and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Application Form (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by you for defamation or portrayal in a false light. Producer, Network, and our subcontractors and vendors assume no responsibility for any damage to your computer system, which is occasioned by accessing the Application Form website, or completing or submitting this Application Form, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
6.2. If, for any reason, this Application Form is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, Network, or its subcontractors or vendors, corrupt or affect the administration, security, integrity or proper conduct of this Application Form, Producer, Network, and its subcontractors or vendors reserve the right, at their absolute discretion, to close the Application Form at any time, cancel, terminate, modify or suspend this Application Form.
7. RELEASE AND AGREEMENT NOT TO SUE
To the maximum extent permitted by law, you irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my participation in or in connection with the Program, including, without limitation, the recording of your Contributions and Submission, your participation in the participant selection process, and any exploitation of the Program, Contributions or Submission, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, you agree not to sue the Released Parties as a result of the recording or use of your Contributions or Submission (including, without limitation, any claim that such use defames you or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of Network, any other licensees or assignees of the Program or the Contributions or Submissions, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
8. MISCELLANEOUS
8.1. You acknowledge and agree that this is not an offer of employment.
8.2. Should there be a dispute regarding your participation in the Program our decision on this dispute shall be final.
8.3. You agree that we may freely assign or license your Application Form (including these Terms and Conditions).
The parties acknowledge, understand and agree that if any dispute, controversy or claim arising out of or relating to your appearance on or participation in and in connection with this Application Form cannot be resolved through direct discussions, the parties agree to endeavor first to resolve the matters by mediation conducted in the county of Los Angeles and administered by JAMS under its applicable rules before commencing any proceedings permitted under this paragraph. If any such matter is not otherwise resolved through direct discussions or mediation, then the parties agree that it shall be resolved by binding confidential arbitration conducted in accordance with the streamlined arbitration rules and procedures of JAMS, through its Los Angeles, California office.
8.4. IN NO EVENT WILL THE PRODUCER OR NETWORK, AND THEIR RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE AUDITION, APPLICATION FORM OR SELECTION PROCESS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8.5. 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 laws of the state of California. In no way limiting paragraphs 6 or 7, each party irrevocably submits to the exclusive jurisdiction of the courts of Los Angeles, California to settle any dispute or claim that arises out of or in connection with this Application Form or its subject matter.
8.6. The invalidity or unenforceability of any provision of this Application Form shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Application Form shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
