Terms and Conditions
1. ELIGIBILITY REQUIREMENTS AND RELEASES
1. Eureka Productions Pty Ltd, its subsidiaries, successors, executors, licensees and assigns (“Eureka”) described here as the “Producers” or “Eureka”, is selecting participants for further series of the television program entitled ‘The Floor’ Australia (“Program”) intended for initial exhibition on the Program’s broadcaster ("Network").
2. I am applying for selection as a participant in the Program.
3. I have read and understand fully the contents of this application ("Application Form") and I agree to all the terms and conditions ("Terms and Conditions") set out below.
4. The "Producers" includes each person reviewing and receiving my application for selection in the Program at any time during the selection process, who is an employee, contractor or agent of Eureka, the Network and their Affiliates. "Affiliates" means a company in which Eureka, the Network or their related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) has:
a. a significant commercial relationship or other significant power to influence its business and affairs; and
b. a direct or indirect equity holding, including convertible securities.
5. If any of the information I provide in this Application Form changes after I submit the Application Form, I agree to promptly inform the Producers of any such change. I understand, acknowledge and agree that if I am selected to appear in the Program and I have given false information in this Application Form or fail to abide by the Terms and Conditions or any of the other instructions or directions of the Producers, my participation in the Program may be terminated and/or any prize or other benefit awarded or due to be awarded as a result of my participation in the Program may be withheld or reclaimed, in the Producers' sole discretion.
2. ELIGIBILITY – MY PROMISES
1. I will be 18 years of age or older as of 1 August 2025.
2. I am an Australian citizen who is a resident of either Australia, the United Kingdom, or any country included within the European Union or the European Economic Area at the date of submitting this Application Form, or I have been a permanent resident of Australia for a period of 2 years prior to submitting this Application Form.
3. I have a current and valid passport, and I agree that if I am selected to participate in any part of the Production, I can leave the country in which I currently reside and legally travel to any foreign country in connection with the production of the Program.
4. I am applying in my personal and private capacity, and I represent and warrant that I am not an employee of, or in any way associated with, any news or media outlet, including any digital media outlet, either in Australia or elsewhere.
5. Now and during the past 2 years, I have not been an employee, officer, director or agent of Eureka or the Network and neither has any member of my immediate family or anyone living at my residential address.
6. I do not have any current or prior criminal charges, convictions or claims of any kind whatsoever (including but not limited to a criminal charge with no conviction recorded), nor any AVOs or DVOs sought or granted against either me (whether interim or otherwise), other than those I have disclosed to Eureka in writing in the Application Form. On and from the date of the submission of this Application Form, if any criminal charge, conviction or claim is alleged or brought against me, I agree to immediately inform Eureka.
7. If I am selected as a participant for the Program, I confirm that I will be available for a minimum period of up to 10 days during the production period as advised by the Producer ("Production Period").
8. I agree to any and all background checks. In addition, I agree to submit to a physical and psychological examination by medical professionals (selected and paid for by the Producers and set out in detail below), the submission of medical information to the Producers, and the certification of the medical professionals that I meet all physical and psychological requirements.
3. THE APPLICATION
1. My application does not constitute entry into a relationship or association of any kind with the Producers, including but not limited to any employment relationship, and I agree that I will receive no payment for the submission of my Application Form and my participation in the selection process.
2. I understand that I can discontinue my participation in the selection process at any time. I further understand, acknowledge and agree that if I:
a. discontinue my participation in the selection process; or
b. refuse to undertake any activity during the selection process; or
c. refuse to provide any documentation as requested by the Producers as part of the selection process; or
d. otherwise do not comply with these Terms and Conditions,
then I will no longer be eligible for selection in the Program, but these Terms and Conditions will continue to apply to me.
4. SELECTION OF PARTICIPANTS
1. The Producers have no obligation to select me to participate in any stage of the selection process or in the Program and reserve their right to render me ineligible for selection and/or participation in their sole and absolute discretion.
2. The Producers may disqualify me at any time from participation in any stage of the selection process or the Program without providing any reasons to me.
3. I agree to provide access to the Producers to my social media accounts, and I consent to accepting friend or follow requests from the Producers to give effect to this condition of eligibility.
4. If I am selected to participate in the Program, I agree to:
a. undertake any medical examination, psychological test, examination and/or interview, including screening for drugs, prohibited substances and communicable diseases, at times and places determined by the Producers and provide all medical and other information requested by any person appointed by the Producers to carry out such examination, test or screening;
b. sign and/or complete all documents (including questionnaires, agreements, waivers, and releases) required by the Producers, including but not limited to a Participant Agreement;
c. be available at the times and places required by the Producers and/or the Network to participate in the Program and in any promotion and/or publicity for the Program; and
d. consent to and authorise the Producers to make such enquiries as they think fit concerning me and my identity, background or history with the Police or any other authority or organisation.
5. MY HEALTH AND PHYSICAL CONDITION
1. I am in good physical and mental health and do not know of any medical, psychological or other condition that could affect or prevent my participation in the selection process or the Program.
2. I assert and warrant that I am not a user of any prohibited drug or substance.
6. RECORDINGS, RIGHTS AND RELEASE
1. For the avoidance of doubt, all references in this section to the “Program” include promotional and publicity materials for the Program.
2. In consideration for the Producers receiving and reviewing my application for selection as a participant in the Program, I agree to the following:
a. I agree that the Producers, the Network, the format owner and their Affiliates and/or sub-licensees may film, record and/or photograph me, on any medium, at any place during the selection process (“Recordings”).
b. I acknowledge and agree that all intellectual property rights (including copyright) in the Recordings and in any photographs, recordings, works and other subject matter in which intellectual property rights subsist, created by me (whether alone or with any other persons), or which I am involved in creating in relation to the selection process and/or the Program and/or provided by me for use in connection with the application for the Program and otherwise in connection with the Program and/or any other content in which I appear, including photographs and audio-visual recordings (taken or produced on any device, including without limitation mobiles) (“Copyright Works”) are the sole and absolute property of the Producer. For the avoidance of doubt, the Producers may, and may authorise others to, broadcast, make available, communicate, repeat, exploit, modify and otherwise exercise all rights in the Program, the Recordings, the Copyright Works, or any part of the foregoing, in any media (now known or hereafter devised), worldwide in perpetuity.
c. To the extent I hold any rights in the Recordings and Copyright Works, I hereby assign to the Producers all right, title and interest (including all existing and future intellectual property rights including copyright) in the Recordings and the Copyright Works.
d. I acknowledge and agree that the Producers have the unrestricted right to use my name, voice, likeness and biographical material, without payment to me, in all media (now known or hereafter devised), including without limitation in connection with the Program, Recordings and Copyright Works, worldwide in perpetuity.
e. I acknowledge and agree that I do not have any right to, nor authorise anyone else to, use, exploit, reproduce or otherwise benefit from the Copyright Works, in any media (now known or hereafter devised), including without limitation television, print, online, radio, podcasts, digital, mobile, social media and other platforms, at any time, without the Producers' prior written consent.
f. To the extent permitted by law, I consent to the Producers, the Network, the format owner and their Affiliates and sub-licensees doing or authorising the doing of any act or making or authorising the making of any omission (whether occurring before or after this consent is given) anywhere in the world which may infringe any or all moral rights in relation to the Recordings and Copyright Works, including:
i. the right of integrity of authorship and performership (that is, not to have a work or performance subjected to derogatory treatment);
ii. the right of attribution of authorship or performership of a work; and
iii. the right not to have authorship or performership of a work falsely attributed,
which are rights created by the Copyright Act 1968 (Cth) and any other similar right capable of protection under laws of any applicable jurisdiction.
g. My appearance in connection with the Program may be edited at the Producer’s and/or the Network’s discretion.
h. I warrant that:
i. the Copyright Works are original to me;
ii. I have not copied any part of the Copyright Works from another source;
iii. the Copyright Works do not infringe any third-party rights or incur liability for any residual or other payment to any third party;
iv. I have obtained the consent of any other people in the Copyright Works to allow the exercise of all rights in the Copyright Works in all media, worldwide, in perpetuity; and
v. I have complied with all laws and regulations in relation to my activities pursuant to these Terms and Conditions.
i. I will do all things reasonably requested by the Producers to enable the Producers and/or the Network to exploit and further assure the rights assigned and consents granted under these Terms and Conditions.
j. The Producers may edit the Recording and Copyright Works in any way and may synchronise the audio from the Recording and/or Copyright Works with other visual images and the vision from the Recording and/or Copyright Works with other audio.
k. I agree not to make any application to a court of law which could result in delaying the selection process in any place or at any time or the production, exhibition or exploitation of the Program and that this paragraph is fundamental to my being permitted by the Producers to participate in the selection process and the Program. Eureka and/or the Network and their Affiliates are a multiple platform media company in Australia with a presence across all forms of media including but not limited to broadcast television and radio, online, social media podcasts and publishing. The rights granted under this Agreement to Eureka are also granted to the Network, the format owner and their Affiliates and sub-licensees.
7. CONFIDENTIALITY
1. I acknowledge that it is essential to the Producers that all matters concerning the selection process and the Program are kept absolutely confidential. I understand that I may obtain information about the selection process, the production of the Program, publicity and promotion of the Program, the people who have applied to participate in the selection process or appear on the Program and about the business of the Producers that is not generally available to the public. This is all “Confidential Information”.
2. I promise that, at all times before, during and after the selection process (unless otherwise required by law):
a. I will keep the Confidential Information secret and confidential;
b. I will not use the Confidential Information for any purpose; and
c. I 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.
3. I promise that I will not make any statement or give any interview about the selection process or the Program to any media, person or outlet without the prior written consent of the Producers regardless of whether I am selected as a participant in the Program.
4. I also promise that I will not communicate to the public via any media, including but not limited to the internet (eg blogs, personal websites, chatrooms, social media sites eg Facebook (Messenger), Instagram, Snapchat, TikTok, Twitter/X), at any time about my participation in the selection process or Program.
5. I acknowledge that a breach by me of any of the confidentiality provisions of these Terms and Conditions could cause the Producers and the Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that the Producers and the 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 these Terms and Conditions by me.
8. PRIVACY – COLLECTION STATEMENT
1. I understand that Eureka is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs") in respect of my personal information collected by Eureka, and that Eureka will collect, use and handle my personal information in accordance with Eureka's Privacy Policy, which is available at https://www.eurekagroup.tv/privacypolicy. The Privacy Policy contains information about:
a. how I may access or correct any of my personal information collected by Eureka; and
b. how I may lodge a complaint with Eureka for a breach of any APP or APP code, and how Eureka will action such complaint.
2. I acknowledge and agree that my participation as an applicant, at an audition or as a contestant or contributor in the Program is subject to the following.
3. I understand that Eureka collects personal information for the primary purpose of selecting participants and producing the Program and may share my personal information (including "sensitive information" as defined in the Act) with the Network, its related bodies corporate and any of their related companies, associates or affiliates, or commissioning broadcasters (which may include overseas broadcasters and distributors) for this purpose. I authorise Eureka to process and store my personal information securely on servers accessible by Eureka. I consent to these uses, disclosures and storage arrangements and agree that Eureka may retain my personal information as part of its record of individuals who have applied to be participants in the Program and may use this information to contact me in the future in relation to the Program and/or about other offers, events, and programs. If I do not provide Eureka or the Producers with my personal information as requested from time to time, the Producers may not consider me for participation in the Program.
9. ACCEPTANCE OF TERMS - GENERAL
1. These Terms and Conditions are made for the benefit of the Producers, the Network, and each of their licensees, assignees and agents and is governed by the laws in force in New South Wales, Australia.
2. By submitting this Application Form, I represent, warrant, acknowledge, and agree that:
a. I have read and I meet and agree to be bound by the eligibility requirements, which I acknowledge are at the sole discretion of the Producers.
b. I have completed this Application Form honestly and accurately.
c. If any of the information in this Application Form is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program contest (if any), if selected.
d. Even if I meet the eligibility requirements, the Producers have no obligation to further contact me, interview me, and/or select me as a participant.
e. Even if I am selected as a participant, the Producers have no obligation to conduct the Program contest (if any) or produce the Program and the Network has no obligation to exhibit it, even if produced.
f. I agree to keep strictly confidential all information about the Program, the Producers and/or the Network that I may acquire during the participant selection process and/or during my participation in the Program (if applicable).
g. All decisions by the Producers concerning selection of the participants are final and not subject to challenge or appeal.
h. The Producers have no obligation to return any materials submitted by me as part of the Application Form whether or not I am selected as a participant.
i. I am solely responsible for any and all costs or expenses incurred by me 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 the Producers cover these or any additional costs.
1. I agree that if my Application Form may not be considered if it is incomplete, incomprehensible, incorrectly submitted or addressed, lost in transit, containing insufficient postage, not received by the Producers at the relevant postal or email address or sent in after any specified closing date.
j. I accept that, due to the large number of applications received, my application may not be acknowledged or responded to and the Producers will only contact those applicants who the Producers wish to put forward to the next stage of the selection process. I understand that my Application Form will be reviewed, and the Producers shall decide which applications are suitable to be put forward to the next stage of the selection process. I accept and agree that contestants will be selected at the Producers' sole discretion, that such decisions shall be final and binding and that there will be no right of appeal against any decisions taken by the Producers on this matter.