1.1. These terms and conditions (the “Terms and Conditions”) relate to your application to take part in the television series First Dates (the “Programme”) which we propose but do not undertake to produce for Channel 4 (the “Broadcaster”) By applying to take part in the Programme you confirm that you agree to these Terms and Conditions.
1.2. All applicants for the Programme will be assessed at our sole discretion for their suitability to be put forward to the next stage of the selection process and such decisions shall be final and there will be no right of appeal against any decisions taken by us on this matter. Unfortunately, due to the large number of applications we receive, we will only contact you if you are successful in being selected as a potential contributor for the Programme.
1.3. You accept that receiving an application form, a phone call from a member of the Programme production team, attending an audition and/or attending any recording days DOES NOT automatically mean that you will be appearing in the Programme and we reserve the right, at our sole discretion, to stand you down at any time during the production process, even if you have been given a date to attend auditions or recordings.
1.4. You understand that we reserve the right to vary any element of the Programme and, even if you meet the Eligibility Requirements outlined below, we shall be have no obligation to produce any episode of the Programme, that any episode of the Programme will be broadcast, or that we will select you as a contributor, and even if you are selected we are not obliged to include your contribution in the Programme.
2.1. By submitting your application to take part in the Programme you confirm that you meet the following requirements (“Eligibility Requirements”):
2.1.1. You are over 18 years of age;
2.1.2. You a permanent legal resident in the UK;
2.1.3. You are not/have not ever been employed by us and/or the Broadcaster; and
2.1.4. No member of your household, immediate relative (i.e. mother, father, son, daughter, brother or sister) are employed/have ever been employed by us and/or the Broadcaster.
3.1. You agree that you will not withhold from us any material fact that may in our reasonable opinion jeopardise or otherwise impact on the Programme or which might result in publicity adverse to our good name, the Broadcaster and/or the Programme.
3.2. You confirm to us that:
3.2.1. Any information you provide to us is truthful, complete, accurate and not misleading and you have not deceived us or the Broadcaster in any way;
3.2.2. By reason of your conduct (including past conduct) you shall not bring us or the Broadcaster into disrepute;
3.2.3. You are not in breach of any of these Terms and Conditions;
3.2.4. You meet the Eligibility Requirements; and
3.2.5. You shall notify us immediately in the event that your circumstances change and/or any information we hold about you becomes incorrect.
4.1. If you are invited to attend subsequent filmed stages of the audition, selection and/or production process for the Programme and in consideration of us arranging to film you (and other good and valuable consideration sufficiency of which is acknowledged) you agree to the photographing, recording and filming of your interview, contribution and/or performance during and in connection with the Programme (the “Contribution”) and the use of your Contribution (or any part(s) thereof) in the Programme.
4.2. You grant to us all necessary rights and consents to permit us to make the fullest use of the Contribution and/or any information, photographic/video material submitted by you as part of your application for and/or participation in the Programme (collectively referred to as the “Material(s)”) for any purposes connected with the promotion and exploitation of the Programme, and/or ancillary products, rights, services and/or in connection with us and/or the Broadcaster, in any and all media now known or hereafter invented throughout the world in perpetuity. You warrant that you have the necessary licences, rights and consents to authorise us to use the Materials in full or part in accordance with these Terms and Conditions.
4.3. You accept that we have the right to edit, copy, adapt and/or translate the Material(s) as we see fit and you irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction.
4.4. For the avoidance of doubt, you agree that we have no obligation whatsoever to return any Material(s) whether or not you are selected as a contributor for the Programme and that we are in no way obligated to use any of the Material(s) in connection with the Programme.
4.5. You grant us the right to use your name, voice, likeness, photographs and any biographical material concerning you in connection with the promotion and exploitation of the Programme and/or ancillary products, services and/or rights and/or in connection with us and/or the Broadcaster, throughout the world in all media in perpetuity.
5.1. Personal data (including sensitive personal data) which you supply to us during the application, casting and production process will be used in a number of ways including but not limited to:
5.1.1. in selecting potential contributors for the Programme;
5.1.2. enabling us to develop, produce and exploit the Programme, and may even be detailed in the Programme itself; and
5.1.3. for any other purpose which is reasonably necessary for the operation of our business and as required by the law.
5.2. Your personal data (including sensitive personal data) may be shared with relevant third parties for the purposes of the production and exploitation of the Programme and/or Contribution including the production team, the Broadcaster and our insurers and distributors.
5.3. If you are not selected as a potential contributor and you have indicated that you do not wish to be contacted about other programmes or projects, then your information will be deleted by us after a reasonable amount of time.
5.4. All personal data will be kept secure and be held in accordance with the Data Protection Act 1998.
6.1. You will keep strictly confidential and will not without our prior written consent at any time publish or disclose to any person (including without limitation via the internet or any social networking sites such as Facebook or Twitter) any conversation, information or photographs concerning the Programme and/or the application/selection process which comes to your knowledge as a result of your inclusion in the casting process and/or (if selected) the proposed Programme nor other information relating to us, the Broadcaster or the Programme acquired by you other than information already in the public domain.
7.1. The rights granted under these Terms and Conditions are freely assignable and licensable by us.
7.2. Any trademarks, logos, graphics, photographs, videos and texts featured on the First Dates Casting website and/or in the Programme remain our intellectual property and may not be reproduced, used or represented without our express permission.
7.3. You acknowledge and agree that neither us, the Broadcaster nor their assignees and/or licensees shall be liable for any loss, damage, injury, claim or disappointment suffered, by you (including but not limited to special or consequential loss, trespass to property or trespass to person) in connection with your participation in the Programme’s application process and/or the Programme, other than death or personal injury caused by our or the Broadcaster’s (as applicable) negligence or other liability that is prohibited from being limited or excluded by law.
7.4. You agree that you shall not be entitled to injunct or restrain the transmission of the Programme or the use of the Material(s) and/or any programmes or ancillary use which includes the Material(s) (or any part of it).
7.5. Failure by us to take action in respect of the breach by you of any provisions of these Terms and Conditions shall not be interpreted as constituting a waiver by us of the right to take action in future in respect of such a breach.
7.6. These Terms and Conditions will be exclusively governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English and Welsh courts.