TERMS AND CONDITIONS
THE VOICE – SEASON 5
ONLINE APPLICATION FORM TERMS AND CONDITIONS
THESE APPLICATION TERMS AND CONDITIONS (“APPLICATION”) CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING THEM.
I agree with Shine (Aust) Pty Ltd t/a Shine Australia (“Producer”) that in consideration for the Producer’s labour and expense in making arrangements relating to my participant application for Season 5 of the television program provisionally entitled “THE VOICE” (the “Program”) and the opportunity provided to me to potentially appear in or in association with the Program, I hereby consent to the filming and recording of such contribution and my involvement in the auditioning process and the Program, and the use of my audition video clip by the Producer on the terms and conditions below:
1. I accept and agree that all applications must be online and that none will be accepted in any other way.
2. I am at least 16 years of age on 1 January 2016 and am an Australian citizen or permanent resident and will supply a copy of my birth certificate, passport or such other documentation as the Producer may require to confirm this and I also understand and agree that if I am younger than 18 years of age on 1 January 2016, I must have the permission and agreement of my parents or legal guardian to take part in the Program, and my parents or legal guardian must also agree to these terms and conditions and sign the Participant Agreement, Release and Waiver (“Participant’s Agreement”) and all releases and waivers and other documents that I am required to sign in respect of my participation in the Program.
3. I understand and agree that I may not participate in the Program if to do so would create impropriety or the appearance of impropriety, to be determined at the sole discretion of the Producer and the Broadcaster. So, I confirm that neither I nor any member of my immediate family or anyone living in my household are or have been within the last two (2) years an employee, officer, director or agent of any of the following:
(a) The Nine Network (“Broadcaster”), its affiliated entities, or any television station owned and operated by the Broadcaster or its affiliates; or
(b) The Producer or any its associated entities; or
(c) Universal Music Pty Ltd or any its associated entities;
(d) Any person or entity involved in the development, production, distribution or other exploitation of the Program;
(e) Any sponsor of the Program or its advertising agency; or
(f) Any person supplying services or prizes to the Program.
Or, if I have, or believe I have, I undertake to immediately inform the Producer of all relevant information.
I acknowledge that the Producer and Broadcaster reserve the right to render ineligible any person who either of them determines, in their sole discretion, is sufficiently connected with the production, administration or distribution of the Program.
4. If selected as a participant in the Program I will execute all waivers and release agreements required by Producer and Broadcaster and any of their licensees, successors or assigns.
5. I understand and accept that as I have indicated on my Application that I wish to be considered for participation in the Program, and that my personal details will be included in a database compiled for this purpose.
6. In the event that I do participate in the auditions for the Program and, if I am successful, the Program itself, then prior to and as a condition for my participation, I understand and agree that I will be required to sign a separate Participant’s Agreement with the Producer and that the Participant’s Agreement will provide that in consideration of my participation in the Program, the Producer will own all of the rights in the Program including my contribution (including my audition video clip submitted with my Application) which will be freely available for broadcast and all other media purposes without restriction and without any payment to me.
7. I will be available to the production, if required by the Producer, at the Producer’s absolute discretion, for all possible dates for production of the Program between September and December 2015 and, if I am successful, in January and February 2016, and if I am then successful, March 2016, and, if I am then successful, April, May, June and July 2016 (subject to variation of the production schedule by the Producer at their entire discretion) and I can confirm that I will also be available for any necessary medical and psychological examinations prior to or during that period, as arranged by the Producer in consultation with me, and I am willing to travel to various locations as part of production of the Program.
8. I am willing to submit medical information to the Producer and to submit to a medical examination, psychological examination and background check including full police and criminal record if requested by the Producer and I will sign all forms and/ or consents in this regard as the Producer may require of me.
9. I hereby give the following representations, warranties, acknowledgements, consents and releases:
9.1 I hereby represent, warrant, acknowledge and agree that:
(a) I have read and I meet and agree to be bound by the Application terms and conditions and eligibility requirements;
(b) I will abide by the rules, regulations, terms and conditions (“Rules”) of the Program and any interview, auditioning process, event, activity, promotion or publicity relating thereto as devised from time to time by the Producer and will accept the decision of the Producer as final and I hereby acknowledge that the interests of the Program shall override those of any participant;
(c) I have completed this Application and will complete all forms associated with the Program honestly and accurately and I agree that the answers and information I will supply in such forms and otherwise to the Producer will be in no way misleading. I furthermore acknowledge that the Producer reserves the right exercisable at any time at its sole discretion to disqualify me from the Program or auditioning process should I at any stage supply untruthful, inaccurate or misleading personal details or information, break the Rules or otherwise be in breach of these terms. Accordingly, I understand that if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal or disqualification from the Program if I am selected to participate;
(d) the Producer has no obligation to interview me, and/or select me as a participant for the Program;
(e) even if I am selected as a participant, the Producer has no obligation to record my involvement in the Program and Broadcaster has no obligation to broadcast my involvement in it;
(f) all decisions by the Producer concerning selection of the participants is final and not subject to challenge or appeal;
(g) the Producer has no obligation to return any materials submitted by me as part of the Application whether or not I am selected as a participant; and
(h) I have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of my involvement and appearance in the Program.
9.2 I understand and agree that completing my Application, submitting my audition video clip and accepting these terms and conditions does not in any way constitute an offer to participate in the Program and that it could be several weeks before I hear from the Producer who I acknowledge will be unable to reply to all applicants individually and that I will only hear from the Producer if I have been invited to an audition for the Program.
9.3 By submitting this Application:
(a) I hereby consent to the recording, use and reuse by 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 my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any materials submitted by me or a third party in connection with my 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, in or in connection with the Program.
(b) I further agree that the Producer exclusively owns all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by the Releasees for or for the purpose of the Program and any other materials (and in respect of music and video provided in connection with my application, save as and to the extent noted below) that I have provided or may provide in connection with my application or the Program (collectively “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised throughout the universe, in perpetuity. In respect of any and all music and/or video that I have provided in connection with my application (and therefore coming within the definition of "Materials"), if I am selected to participate in the Program, I hereby grant an irrevocable, royalty free licence in all media now known or hereafter devised throughout the universe, in perpetuity to such music and/or video solely for the purpose of the Program. And where my rights to any of the Material is limited in any way, I hereby undertake to advise the Producer forthwith.
(c) Without limiting the foregoing, I hereby assign irrevocably to the Producer (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in my 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 my 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, I grant irrevocably 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, my contributions to the Program, the Likeness and the Materials without restriction.
(d) Without limiting the forgoing, I acknowledge that I 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 my contributions to the Program, the Likeness and the Materials (“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 my 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”). I acknowledge and agree that the Releasee (and persons authorised by the Releasees) will not be liable to me and that I 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 me and/or the Works or any other act or omission which might otherwise constitute an infringement of my Moral Rights. In all other respects, I 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. I will not institute any action on the ground that any changes, deletions, additions or other use of the Works violates my Moral Rights.
(e) Without limiting the forgoing, I agree that the Releasees shall be entitled to:
(i) alter, adapt or make additions to or deletions from the Program (and my Likeness thereon) at their discretion;
(ii) make and exploit and to authorise the making and exploitation of any recording or fixation of my Likeness separately from or in conjunction with the Program throughout the Universe in perpetuity in all media whether now known or hereafter invented;
(iii) dub my voice in any language; and
(iv) use my Likeness, the Materials, photographs of me and recordings of interviews with me 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, I irrevocably consent to the Releasees (and persons authorised by the Releasees) transferring Personal Information about me overseas to related body corporates and third parties associated with the Program and to use the Personal Information in accordance with the provisions in this Application and the Participant’s Agreement.
(f) I agree that I will not be paid any money for giving the Releasees the rights referred to in this Application or for signing this Application or the Participant’s Agreement. However, I acknowledge and agree that the Producer’s labour and expense in making arrangements relating to my Application for the Program and the opportunity provided to me to potentially appear in or in association with the Program, (“Benefits”) include sufficient and adequate consideration for the use and exploitation of my contributions to the Program, the Likeness and the Materials (including without limitation my appearance in any and all episodes of the Program) by any means and media, anywhere in the Universe and I waive any right and/or entitlement to any equitable relief, remuneration or other payment howsoever arising in connection with such use or exploitation. I further acknowledge and agree that the Benefits also include full and final consideration for my attendance at any and all activities as required by the Producer in connection with the Program. I also acknowledge that no repeat fees will be payable to me 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.
(g) I release the Releasees (jointly and severally) from any and all liability arising out of the recording or use of my Likeness and/or the Materials and I agree not to make any claim against the Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such defames me or invades any right of privacy and/or publicity).
(h) The Releasees (jointly and severally) shall not be liable to me or my legal representative for any loss or damage or injury to me or my property caused by or suffered during or in connection with my taking part in the Program unless caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment.
(i) I agree not to disclose to any third party (other than my professional advisors) any information relating to the Program or the affairs of the Producer (or any associated company) or Broadcaster, which may come to my knowledge during or in connection with my participation in the Program.
(j) I agree that I will not publicise or discuss with any third party without prior written consent from the Producer any information relating to the Program, my appearance in the Program, any of the production team or any participants in the Program nor any other information which may come to my attention relating to Broadcaster or the Producer or otherwise connected to the Program save for such information which is already public knowledge. Should I be contacted by a member of the press at any time I agree to refer them to the Producer or such person as the Producer may nominate.
(k) I agree that I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.
(l) I will at the request of the Producer, do everything necessary, including execute any documents, to give effect to these Application terms and conditions and the transactions contemplated by it and cause third parties to do the same.
(m) I agree that the Producer may assign my services and all other rights in my 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.
9.4 The Producer deals with the collection, security, quality, use and disclosure of personal information (“Personal Information”) in accordance with the Privacy Act 1988 (Cth) (the “Act”) and I hereby authorise the Producer and any person designated by the Producer to investigate, access and collect information about me, about any of the statements made by me in my Application, the Participant’s Agreement, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection with my application (and whether by on-line submission or disclosure, or otherwise). I irrevocably authorise the Producer and any person or entity designated by the Producer to secure information from my associates, friends, family members, educational institutions and any references I have provided, and I irrevocably authorise such parties to provide information concerning me providing such provision of information complies with all relevant laws. I agree to provide the Producer, and sign a written authority if required, with any specific authority to obtain information about me from government agencies, medical providers, employers and other organisations or providers relevant to my application for the Program. I 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. I specifically authorise investigation of my employment records, medical records and government records and criminal records unless prohibited by law. I 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 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 or otherwise related in and in connection with the Program.
9.5 I hereby authorise an appropriately qualified person or entity as designated by the Producer to conduct psychological and physical examination of me as required by the Producer. I further authorise the individuals conducting such examinations of me to disclose to the Producer and their representatives all information about me obtained in connection with such examinations, and authorise Producer to utilize such information in selecting participants for the Program.
9.6 Without limiting the forgoing, I authorise and consent to the use of Personal Information (which may include “sensitive information” as defined in the Privacy Act 1988 (Cth)) given to the Producer or collected by the Producer under the terms of this Application in determining my suitability for the Program and to the use of such information in researching and producing the content of the Program and other programs (including but not limited to content related to my background and participation in the Program) and to the communication of such information to third parties, including but not limited to the general public through television broadcasts of the Program and otherwise and I agree that there will be no restrictions on the use of Personal Information relating to me that is contained in the recording of the Program.
10. I acknowledge and agree that my participation as an applicant, at an audition or as a participant in the Program is subject to the following:
(a) Personal Information provided by you is collected for the purpose of considering your application for inclusion as a participant on the Program. Information supplied by you must be correct and particularly you must provide your full and correct name. If you have failed to provide accurate information, the Producer may decline to allow you to appear on a Program.
(b) In addition, if you participate in the 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 (“program tapes”).
(c) Information provided by you to the Producer may be disclosed to:
a. its related bodies corporate in Australia and overseas;
b. any program prize supplier to the Producer and its related bodies corporate, and in some circumstances, the prize supplier may use the personal information for direct marketing purposes at their own discretion;
c. television networks in Australia and overseas and their related bodies corporate; and
d. a viewing audience when the program tapes are broadcast or otherwise exhibited.
(d) If you are selected as a participant for the Program, the Personal Information relating to you will be held for an indefinite period of time in a secure manner for as long as necessary.
(e) If you are not selected as a participant for the Program and the Personal Information relating to you is no longer reasonably required by the Producer, the Personal Information relating to you will be held for a maximum period of 12 months. After 12 months, the Personal Information will be destroyed or de-identified in a secure manner.
(f) You have the right to request access to Personal Information held by the Producer that relates to you in accordance with this Application. If the Personal Information held by the Producer is inaccurate you have the right to request it to be updated in accordance with the Producer’s
and the Act.
(g) Some information you provide to the Producer 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 the Producer in accordance with the provisions of this Application.
11. I agree that these eligibility requirements or any adjustment eligibility requirements set by the Producer are fair and I hereby agree to them.
12. If any clause or part of this Application 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.
13. I agree and acknowledge that my sole remedy for any breach of these Application terms and conditions is an action at law for damages (if any), and that I do not have the right to rescind this Application or to revoke any of the rights granted under this Application or to seek or obtain injunctive or other equitable relief restricting or delaying the production, exhibition or exploitation of the Program. I agree that this provision fundamental to this Application.
14. The Courts of New South Wales shall have sole jurisdiction in relation to the terms and conditions of this Application, which shall be interpreted according to the laws of New South Wales.