Terms

TERMS AND CONDITIONS

ELIGIBILITY REQUIREMENTS AND RELEASES

1. ITV Studios Australia Pty Limited ABN 91 088 957 706 (ITV Studios), described here as the Producer, is holding auditions to select participants for the first Australian series (“Series”) of an international hit quiz show program (the “Program”). I am applying to audition for selection as a participant in the Series.

You acknowledge that if you are selected to participate in the Series, you may be ineligible to apply for any other version or series of the Program in Australia or overseas in ITV Studios’ or the relevant producer’s absolute discretion (as the case may be). I have read and I understand fully the contents of this application and I agree to all the terms and conditions set out below. The Producer includes each person involved in the casting process who is an employee, contractor or agent of ITV Studios. In these terms, Audition means any audition, screen-test, correspondence with the Producer in connection with the casting process for the Series or any interview (whether conducted face-to-face, by telephone or recorded by digital video camera for later viewing and consideration by the Producer).

MY PROMISES

2. I promise that:

(a) I am 18 years of age or older;

(b) I am a citizen or permanent resident of Australia (as specified in my application form) AND have the right to lawfully live and work in Australia now and for the next twelve (12) months;

(c) 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 online media outlet, either in Australia or overseas;

(d) now and in the past 2 years, I have not been an employee, officer, director or agent of either ITV Studios (including its associates or affiliates) or any free-to-air or subscription television network in Australia and neither is any member of my immediate family or anyone living at my residential address;

(e) I am in good physical and mental health and that I do not know of any medical, psychological or other condition that could affect or prevent my participation in any Audition or the Series or I have otherwise disclosed to the Producer in my application any physical or medical condition I might have that may require the assistance of the Producer during the Audition process or the production of the Series;

(f) I am not a user of any prohibited drug or substance;

(g) I have not been denied the right to enter Australia nor have I been deported from Australia or had my right to live and remain in Australia revoked in any way;

(i) I have disclosed to the Producer in my application full details of any criminal charges, criminal convictions or ongoing criminal proceedings/investigations that I have been the subject of (i.e. the offences, the date of conviction, the court concerned and the sentence imposed and any other relevant information);

(j) I have disclosed to the Producer in my application any material fact that may, in the reasonable opinion of the Producer, jeopardise or otherwise impact on the Series or which might result in publicity adverse to the Producer’s good name or the broadcaster of the Series or the Series itself; and

(k) I have completed this application honestly and accurately and if any of the information is found to be false, misleading or incomplete, I acknowledge that this will be grounds for dismissal from the contestant selection process or the Series itself and/ or the withholding or reclaiming of any prize or other benefit awarded or due to be awarded to me as a result of my participation in the Series. In addition and subject to applicable law, the Producer may be entitled to recover from me its costs and expenses incurred as a result of my breach of these terms and conditions including, without limitation, its costs facilitating my participation in the Series (such as any travel expenses under clause 17 below) and its costs in connection with any participant required to replace me on the Series.

AUDITION AND CASTING PROCESS

3. I acknowledge that my application does not constitute entry into a relationship or association of any kind with the Producer (including an employment or fiduciary relationship) and I agree that I will receive no payment for my possible participation in the casting process and any Audition.

4. During any Audition:

(a) I will comply with all requests and directions given by the Producer and will fully co-operate with the Producer;

(b) I will not interfere with or damage any locations or equipment used for the Audition;

(d) I will leave the Audition immediately if asked to leave by the Producer; and

(e) I agree that the Producer will not be liable to me for any loss or damage or injury to me or to my property or to my reputation caused or suffered in connection with my attendance at the Audition or travel to and from the Audition.

5. I understand that I can discontinue my participation in the Audition at any time. If I discontinue my participation in the Audition, I agree that I will no longer be an applicant for participation in the Series but the terms and conditions will continue to apply to me in connection with my participation.

6. I understand that, due to the volume of applicants, the Producer will only notify successful applicants after the audition and that the Producer will not provide any feedback or specific results of my audition process.

SELECTION OF PARTICIPANTS

6. The Producer has no obligation to select me to participate in any stage of an Audition or in the Series in their sole and absolute discretion. I acknowledge that all decisions regarding the selection process of the contestants is final and not subject to challenge or appeal.

7. The Producer has final say on my suitability for the program and may also disqualify me at any time from participation in any stage of the Audition or the Series without providing any reason to me.

8. If I am selected to participate in the Series, then I confirm that I will be available for a minimum two (2) week commitment. I will:

(a) sign all documents (including agreements, waivers and releases) required by the Producer, including but not limited to a Participant Agreement; and

(b) make myself available at the times and places required by the Producer to participate in the Series and also in any publicity for the Series.

9. I acknowledge that the Producer reserves the right to:

(a) make changes to the application and production schedule;

(b) change any of the eligibility requirements and terms;

(c) to render ineligible any person who the Producer determines, in its sole discretion, is sufficiently connected with the production, administration, judging or distribution of the Series such that my participation in the Series could create the appearance of impropriety;

(d) not hold any participant applicant interviews, or to modify the manner in which it conducts such interviews;

(e) not broadcast the Series, even if it is produced (and I may not be entitled to any prize as a result); and

(f) not produce the Series at all.

BACKGROUND AND HEALTH CHECKS

10. If I am selected to participate in the Series, I agree (if required by the Producer):

(a) to undertake any medical examination or psychological test (including screening for drugs, prohibited substances and communicable diseases) at times and places determined by the Producer and to provide all medical and other information requested by any person appointed by the Producer to carry out such examination test or screening (if any);

(b) to consent to the Producer making such inquiries as it thinks fit concerning me and my identity, background or history with the Police or any other relevant authority or organisation.

11. Without limiting clause 10 above, I authorise the Producer to secure information about my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies and any references I have provided (Sources) and I irrevocably authorise such parties to provide information concerning me. I hereby irrevocably release and forever discharge all such parties and persons from any and all liabilities arising out of or in connection with such investigation.

I specifically authorise the investigation of my employment records, medical records and government records including but not limited to my motor vehicle records, criminal records and credit and consumer reports (Records). I acknowledge that the above information may be used for the purposes of selecting contestants in the Series. I will complete and provide to the Producer a police record consent form, as and when required by the Producer, as soon as possible.

12. I acknowledge and agree that I must promptly execute all documents and do all things necessary or desirable to give full effect to the authorisations I have given to the Producer at clause 11 above and to provide any assistance required by the Producer in order to permit the Producer to secure or investigate any information from any Source or secure or investigate any Records (as contemplated by clause 11). Without limiting the foregoing, such assistance includes the provision by me of any necessary written authority to any Source or the holder of any Records indicating my relevant consent and authorisation.

FILMING AND RECORDING

13. I consent to the filming and recording of me, my image, likeness and voice at the Producer’s sole discretion during the application process and irrevocably grant to the Producer all rights and consents (or waive the same) so as to permit the fullest use throughout the world of any and all of this filming and recording made during the application process in perpetuity in all media throughout the world.

14. I hereby assign to the Producer all right, title and interest (including without limitation all copyright) in and to any material recorded of me or submitted by me in connection with the application process for the Series (Material) and grant to the Producer the right to use, edit and alter such Materials in all media throughout the world in perpetuity.

15. I consent to the recording, use and re-use by the Producer or commissioning network or each of their respective licensees, assignees, parents, subsidiaries or affiliated entities and each of the respective employees, officers, agents, and directors (collectively Releasees) of my voice, actions, likeness, name, appearance, biographical material and any information derived from my application (collectively Likeness), including without limitation any recordings or stills submitted by me in connection with my application as edited, modified or altered in all media throughout the world in perpetuity.

16. I acknowledge and agree that the Releasees may use any and all part of my Likeness and Materials in connection with the publicity, promotion, marketing or advertisement for the Series irrespective of whether I am ultimately selected to participate in the Series.

17. I acknowledge that other participants in the Series may criticise me or the Producer may edit, add to or adapt the Material and such criticism or the use of the Material by the Producer may:

(a) be defamatory or disparaging;

(b) be critical of me;

(d) be factual, fictional or speculative, and I agree not to make any claim against the Releasees as a result of or in connection with the foregoing or as a result of the use of any or part of my Likeness and Materials by the Releases.

18. I acknowledge and agree that except as expressly set out in these terms and conditions, I am solely responsible for any and all costs or expenses incurred by me in applying to participate or my participation in the Series (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 these or any additional costs be covered by the Producer or the broadcaster of the Series.

CONFIDENTIALITY

19. I acknowledge that it is essential to the Producer that all matters concerning the Auditions and the Series are kept absolutely confidential. I understand that I may obtain information about the audition process, the production of the Series, publicity and promotion of the Series, the people who have applied to participate in the Auditions or appear on the Series and about the business of the Producer that is not generally available to the public. This is all Confidential Information.

20. I promise that, at all times before, during and after the Auditions (unless we are 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.

21. Without limiting clause 19, I promise that I will not make any statement or give any interview about the Auditions or the Series to any media person or outlet without the prior written consent of the Producer regardless of whether I am selected as a participant in the Series. I also promise that I will not communicate to the public via the internet (e.g. blogs, personal websites, chat-rooms) at any time about my participation in the Auditions or Series

22. If I breach any of the promises I have made in this application, I understand that I could cause serious financial and other loss to the Producer and it might take legal action against me to prevent me from breaching those promises or to recover from me any losses suffered.

PRIVACY

23. The Producer is bound by the Privacy Act 1988 (Cth) in respect of my personal information including the Australian Privacy Principles (APPs). I consent to the Producer collecting my personal information for the primary purpose of selecting participants in the Series and for use in the production of the Series and sharing my personal information with other persons and companies for this purpose as more particularly described below.

24. I acknowledge that:

(a) the Producer collects personal information and/or sensitive information directly from me as part of the casting application and Audition process, including as a result of any application form that I complete;

(b) the Producer requires this information in connection with considering my involvement in the Series as part of the casting application process and if I do not provide any information requested then I cannot be considered for the Series;

(c) the Producer may disclose personal information to its associates as necessary to complete the casting of the Series and to produce and distribute the Series, including any casting agents and also the broadcaster of the Series;

(d) if I am selected, my personal information will be used in connection with the production and promotion of the Series for the duration of its broadcast and distribution, and may also be sent outside Australia for the same reasons. I can contact the Producer with any questions concerning my consent to this; and

(e) the Producer may disclose personal information to its related entities in the UK, including ITV Studios Limited, as part of the casting process.

25. I can access the personal information the Producer holds about me and correct personal information that is inaccurate or, to the extent practical, request its deletion (although deletion may be impractical in certain circumstances and/or remove my eligibility to be part of the Series). With some personal information, for example where it is held on program tapes, it is not practical to provide this information to me without charging an appropriate fee (as the Producer deems fit in the circumstances) and it is not possible to remove information on program tapes and other media once I have participated in the Series, including after it is filmed and recorded (if I have participated in the Series). I must supply the Producer with sufficient information to allow the Producer to properly identify me and the information sought by me. I can contact the Producer in writing in one of the following ways:

By email at enquiry@itvstudios.com.au

By facsimile on + 61 2 8353 3494

By letter to:

The Privacy Officer

ITV Studios Australia Pty Ltd

Building 61, Fox Studios Australia

38 Driver Avenue

Moore Park NSW 2021

Australia

26. If I wish to complain at any time about the handling, use of, or disclosure of my personal information in breach of the APPs I can contact the Producer in one of the ways listed above. I acknowledge that the Producer will make every effort to investigate my complaint in a timely manner and will advise of the outcome.

27. I agree that if I am not selected for this Series, the Producer may retain my personal information as part of a record of individuals who have applied to be participants for the Series and use it to contact me to inquire whether we wish to apply as a participant on a future season of the Series or another program. The Producer will also hold my personal information to inform me about news and information concerning the Producer (including upcoming special events and activities, such as my interest in being an audience member for one of the Producer’s programs). I can contact the Producer (as above) and withdraw my consent to this.

ACCEPTANCE OF TERMS

28. This release and waiver is governed and construed in all respects by the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the New South Wales courts.

29. I have read, understand and agree with these terms. By clicking the box below and submitting this form I indicate my acceptance of the terms.

30. The Chase Australia is filmed in our Sydney studios and we are unable to pay the costs for contestants to travel to the studio for filming. If you wish to proceed and audition for the show and are then invited to become a contestant, all costs associated with travelling to Sydney including any flights or accommodation would have to be paid and arranged by you.

Thank you for your time and effort in completing this application. Good luck!