ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS (INCLUDING PRIVACY)
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS, AND THE ACCOMPANYING PRIVACY STATEMENT, CAREFULLY.
You must indicate your acceptance of the below Terms and Conditions on behalf of yourself and your Team Partner (after having communicated these terms to your Team Partner where “Team Partner” is the other team member named in the Contestant Application) by checking the box signifying your agreement and the agreement of your Team Partner if you wish to apply to be considered for the television program provisionally entitled “New Game Show”.
I agree (on behalf of myself and my Team Partner, collectively We or Our or Us) with FremantleMedia Australia Pty Ltd (ACN 000 693 292) (the Producer) that in consideration for the Producer’s labour and expense in making arrangements relating to our participation for the television program provisionally entitled “New Game Show” (also referred to as the Program) and the opportunity provided to us to potentially appear in or in association with the Program, hereby agree to the Terms and Conditions (Terms) below:
1. We are:
(a) at least 18 years of age; and
(b) Australian citizens or permanent residents or New Zealand citizens,
and will supply documentation confirming such if requested by the Producer.
2. Neither We nor any member of Our immediate families or anyone living in Our households are or have been within the last two (2) years an employee, officer, director or agent of any of the following:
(a) Network Ten (Broadcaster), its affiliated entities, or any television station owned and operated by the Broadcaster or Ten Network Holdings Ltd; or
(b) the Producer or any of its associated entities.
In addition, the Producer and the Broadcaster reserve the right to render ineligible and/or disqualify any person in its sole discretion for any reason including but not limited to if the Producer or the Broadcaster determines that any person is sufficiently connected with the production, administration or distribution of the Program.
3. If selected as participants in the Program, We will execute all waivers and release agreements required by the Producer and Broadcaster and any of their licensees, successors or assigns.
4. We will be:
(a) available for the production of the Program during the period listed in the online application;
(b) willing to submit medical information to the Producer and to submit to a medical examination, psychological examination and background check including but not limited to a criminal record check;
(c) available for any necessary medical and psychological examinations prior to or during that period, as arranged by the Producer in consultation with Us; and
(d) willing to travel to various locations as part of production of the Program.
5. We hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) We hereby represent, warrant, acknowledge and agree that:
i. We meet the eligibility requirements;
ii. We have read and agree to be bound by these Terms;
iii. We will abide by the rules, regulations and Terms (the Rules) of the Program at any interview, auditioning process, event, activity, promotion or publicity relating thereto as devised from time to time by the Producer;
iv. all decisions by the Producer concerning selection of the participants is final and not subject to challenge or appeal and that the interests of the Program shall override those of any participant;
v. We will complete this application form and all other forms associated with the Program honestly and accurately and agree that the answers and information We supply in such forms and otherwise to the Producer will be in no way misleading;
vi. the Producer reserves the right exercisable at any time at its sole discretion to disqualify Us from the auditioning process should We at any stage supply untruthful, inaccurate or misleading personal details or information, break the Rules or otherwise be in breach of these Terms;
vii. if any of the information in this application is found to be false or incomplete, it will be grounds for dismissal or disqualification from the Program if We are selected to participate;
viii. the Producer has no obligation to interview or select Us as participants for the Program;
ix. even if We are selected as participants, the Producer has no obligation to record and the Broadcaster has no obligation to broadcast Our involvement in the Program;
x. the Producer has no obligation to return any materials We submit as part of the application, whether or not We are selected as participants; and
xi. We have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of Our appearance in the Program.
(b) By submitting this application:
i. We hereby consent to the recording, use and reuse by the Producer, Broadcaster, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively Releasees) of Our voices, actions, likeness, names, appearances, biographical material, and any information contained in, derived from or obtained in connection with Our application to be participants in the Program or in any materials submitted by Us or a third party in connection with Our application (which includes, without limitation, any personal information as defined in the Privacy Act 1988 (Cth) or otherwise (Personal Information)), (collectively Likeness) as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, throughout the universe in perpetuity.
ii. We further agree that the Producer exclusively owns all right, title, and interest (including, without limitation, all copyright) in and to any and all recordings made by the Releasees and in and to any and all video and any other materials that We provide or may provide in connection with Our application or the Program (collectively the Materials), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and Our Likeness in any and all media now known or hereafter devised throughout the universe, in perpetuity.
iii. Without limiting the foregoing, We hereby assign irrevocably to the Producer (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in Our contributions to the Program, the Likeness and the Materials such that the Producer shall be entitled to use and exploit, and license others to use and exploit, Our contributions to the Program, the Likeness and the Materials by all means and in all media and formats whether now known or hereafter invented throughout the Universe for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore, We irrevocably grant all consents and waivers (to the extent permissible at law) necessary to enable the Producer (and persons authorised by the Producer) to make fullest use of the Program, Our contributions to the Program, the Likeness and the Materials without restriction.
iv. Without limiting the foregoing, We acknowledge and recognise the needs of television production, promotion and distribution and hereby irrevocably consent to the Releasees (and persons authorised by the Releasees) editing, producing, amending and adapting the results and proceeds of Our contributions to the Program, the Likeness and the Materials (the Works) or any other act or omission in relation to the Works as the Releasees deem fit in their absolute discretion and whether or not such acts or omissions constitute an infringement of Our moral rights as that term is understood pursuant to any provision of law prevailing now or in the future in any part of the world (Moral Rights). We acknowledge and agree that the Releasees (and persons authorised by the Releasees) will not be liable to Us and that We will have no claim against the Releasees or any other person for any act or omission of the Releasees (and persons authorised by the Releasees) resulting in any prejudicial or derogatory portrayal or representation of Us and/or the Works or any other act or omission which might otherwise constitute an infringement of Our Moral Rights. In all other respects, We irrevocably waive to the extent permissible by law and agree never to assert any Moral Rights arising out of or in connection with the Works against the Releasees or any other person throughout the universe in perpetuity. We will not institute any action on the ground that any changes, deletions, additions or other use of the Works violates Our Moral Rights.
v. Without limiting the foregoing, We agree that the Releasees shall be entitled to:
a. alter, adapt or make additions to or deletions from the Program (and Our Likeness thereon) at their discretion;
b. make and exploit and to authorise the making and exploitation of any recording or fixation of Our
Likeness separately from or in conjunction with the Program throughout the Universe in perpetuity in all media whether now known or hereafter invented;
c. dub Our voices in any language; and
d. use Our Likeness, the Materials, photographs of Us and recordings of interviews with Us separately from or in conjunction with the Program in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity, promotions, marketing and exploitation material. For the avoidance of doubt, We irrevocably consent to the Releasees (and persons authorised by the Releasees) transferring Personal Information about Us overseas to related body corporates and third parties associated with the Program and to use the Personal Information in accordance with these Terms.
vi. We agree that We will not be paid any money for giving the Releasees the rights referred to in these Terms. If We are selected by the Producer to participate in the Program, We acknowledge and agree that the opportunity provided to Us to potentially appear in or in association with the Program (the Benefits) includes sufficient and adequate consideration for the use and exploitation of Our contributions to the Program, the Likeness and the Materials (including without limitation Our appearance in any and all episodes of the Program) by any means and media, anywhere in the Universe and We waive any right and/or entitlement to any equitable relief, remuneration or other payment howsoever arising in connection with such use or exploitation. We further acknowledge and agree that the Benefits also include full and final consideration for Our attendance at any and all activities as required by the Producer in connection with the Program. We also acknowledge that no repeat fees will be payable to Us in respect of any subsequent rebroadcast or retransmission or any other use by the Producer (or any assignees or licensees) of the Program or any part thereof.
vii. We release the Releasees (jointly and severally) from any and all liability arising out of the recording or use of Our Likeness and/or the Materials and We agree not to make any claim against the Releasees as a result of the recording or use of Our Likeness and/or the Materials (including, without limitation, any such claim that the recording or use of Our Likeness and/or the Materials defames Us or invades any right of privacy and/or publicity).
viii. The Releasees (jointly and severally) shall not be liable to Us or Our legal representatives for any loss or damage or injury to Us or Our property caused by or suffered during or in connection with Us taking part in the Program unless (subject to clause 5(b)(vii) above) caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment.
ix. We agree not to disclose to any third party (other than Our legal or financial professional advisors) any information relating to the Program or the affairs of the Producer (or any assigned company) or the Broadcaster, which may come to Our knowledge during or in connection with Our participation in the Program.
x. We agree that We will not publicise or discuss with any third party without prior written consent from the Producer any information relating to the Program, Our appearance in the Program, any of the production team or any participants in the Program nor any other information which may come to Our attention relating to the Broadcaster or the Producer or otherwise connected to the Program save for such information which is already public knowledge. Should We be contacted by a member of the press at any time, We agree to refer them to the Producer or such person as the Producer may nominate.
xi. We agree that We grant the rights hereunder whether or not We are selected to participate in the Program in any manner whatsoever.
xii. We will at the request of the Producer, do everything necessary, including execute any documents, to give effect to this Agreement and the transactions contemplated by it and cause third parties to do the same.
xiii. We agree that the Producer may assign Our services and all other rights in Our contribution to the Program, the Likeness and the Materials to any subsidiary or associated companies or successors in title and to any other third party.
(c) With respect to Our Personal Information and privacy:
i. We hereby authorise the Producer and any person designated by the Producer to investigate, access and collect information about Us, about any of the statements made by Us in this application form, this Agreement, any supporting documents and any other documents that We have signed or provided or do sign or provide in connection with Our application to be selected as participants in the Program, or any other written or oral statements We make in connection with Our application (whether by on-line submission or disclosure or otherwise). We irrevocably authorise the Producer and any person or entity designated by the Producer to secure information from Our associates, friends, family members, educational institutions and any references We have provided, and We irrevocably authorise such parties to provide information concerning Us providing such provision of information complies with all relevant laws. We agree to provide the Producer with any specific signed authority to obtain information about Us from government agencies, medical providers, employers and other organisations or providers relevant to Our application for the Program. We hereby unconditionally and irrevocably release and forever discharge the Producer, the persons or entities designated by the Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. We specifically authorise investigation of Our employment records, medical records and government records and criminal records unless prohibited by law. We acknowledge and agree that any such information obtained by the Producer or by any person or entity designated by the Producer pursuant to this paragraph or otherwise may be used for the purposes of selecting participants in the Program or other programs, internal administrative purposes concerning the demographic and performance of individuals interested in appearing on TV programs, and may be described in or in connection with the Program.
ii. We hereby authorise an appropriately qualified person or entity as designated by the Producer to conduct psychological and physical examination of Us as required by the Producer. We further authorise the individuals conducting such examinations of Us to disclose to the Producer and their representatives all information about Us obtained in connection with such examinations, and authorise Producer to utilise such information in selecting participants for the Program.
iii. Without limiting the forgoing, We authorise and consent to the use of Personal Information (which may include “sensitive information” as defined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth)) given to the Producer or collected by the Producer under the Terms of this Agreement in determining Our suitability for the Program and to the use of such information in researching and producing the content of the Program (including but not limited to content related to Our background and participation in the Program). We further authorise and consent to the communication and disclosure of Personal Information to third parties, including but not limited to the Broadcaster and its affiliated companies for the purpose of carrying out research and profiling to ascertain programs, products and services which may be of interest to Us and communicating this to Us through the Broascaster and its affiliated companies and any business partners, and the general public through television broadcasts of the Program and otherwise in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) and the Producer’s Privacy Policy as may be amended from time to time.
iv. We otherwise acknowledge that the Producer will deal with the collection, security, quality, use and disclosure of Personal Information in accordance with the Privacy Act 1988 (Cth) (the Act) and the Privacy Statement annexed to this Agreement.
6. If any clause or part of this Agreement shall for any reason be properly adjudged by any court or other legal and/or competent authority to be invalid, illegal or unenforceable in any respect the legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
7. We agree and acknowledge that Our sole remedy for any breach of these Terms and requirements is an action at law for damages (if any), and that We do not have the right to rescind this Agreement or to revoke any of the rights granted under this Agreement or to seek or obtain injunctive or other equitable relief restricting or delaying the production, exhibition or exploitation of the Program. We agree that this provision is fundamental to this Agreement.
8. The Courts of New South Wales shall have sole jurisdiction in relation to the Terms of this Agreement, which shall be interpreted according to the laws of New South Wales.
FREMANTLEMEDIA AUSTRALIA PTY LIMITED PRIVACY STATEMENT
FremantleMedia Australia Pty Ltd (“FMA”, “us”, “our”, “ours” “we”) collects, secures, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) (the “Act”) and the Australian Privacy Principles (the “APPs”). This Privacy Statement sets out how we collect, use, store and disclose your personal information and sets out rights that you have in respect of your personal information and should be read in conjunction with our Privacy Policy (accessible at https://www.fremantlemedia.com.au/privacypolicy). You acknowledge and agree that your participation as an applicant, at an audition or as a contestant in a FMA Program (as defined below) is subject to the following.
Collection and use of personal information
Information (including personal information as described in the Act) provided by you is collected for the purpose of considering your inclusion as a contestant on a television game show or other television program to be made by FMA (“FMA Program”). Information supplied by you must be correct, particularly your full and correct name. If you have failed to provide accurate information, FMA may refuse to process your application and decline to allow you to appear on a program.
In addition, if you participate in a program, you agree that there will be no restrictions on the use of personal information relating to you that is contained in the recording of the program (the “Program Tapes”).
Some information you provide to FMA may constitute “sensitive information” (as defined in the Act) such as philosophical beliefs or racial or ethnic origin. Such information may also be collected and used by FMA in accordance with the provisions of this Privacy Statement. We will always seek your consent before we collect your sensitive information.
Disclosure of personal information
We may disclose personal information that you provide to us to:
• our related bodies corporate in Australia and overseas;
• any third party that is providing program prizes to FMA (“Prize Supplier”) and its related bodies corporate and you acknowledge and agree that the Prize Supplier may use the personal information for direct marketing purposes at their own discretion and you may opt out of this direct marketing by following the instructions to opt out in the direct marketing emails from the Prize Supplier;
• television networks and their related bodies corporate who acquire our programs for broadcast and other forms of transmission in Australia and overseas; and
• a viewing audience when the program tapes and content are broadcast or otherwise exhibited or communicated to the public.
Storage of personal information held by FMA
If you are selected as a contestant for a program, we will retain your personal information for as long as it is reasonably necessary for the purposes of the FMA Program, for example, for as long as the
FMA Program is available for viewing to the public.
If you are not selected as a contestant for a program, FMA may use your personal information to consider you for, and to contact you regarding your interest in appearing or participating in other FMA programs.
We take reasonable care to protect your personal information from misuse, loss, unauthorised access, unauthorised modification or unauthorised disclosure. We implement appropriate and up to date security measures to protect your personal information.
FMA will destroy personal information it no longer needs or requires in a secure manner.
Access to and correction of personal information held by FMA
You have the right to request access to personal information held by FMA. If the personal information held by FMA is inaccurate, you have the right to request it to be updated. You must include details of your identity and the date and circumstances of disclosure of your personal information to FMA when you contact us.
If you require any further information about the information held by FMA which relates to you, or a copy of FMA’s Privacy Policy, please contact us. We will endeavour to deal with all inquiry within 30 days or receiving it.
Privacy Officer
FremantleMedia Australia Pty Ltd
Locked Bag 2222
St Leonards NSW 2065 or privacy.officer@fremantlemedia.com.au