ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS (INCLUDING PRIVACY)
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOU AND YOUR FAMILY TEAM MEMBERS’ RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS CAREFULLY.
You must indicate your acceptance of the below Terms and Conditions on behalf of yourself and your Family Team Members (after having communicated these terms to your Family Team Members where “Family Team Members” are those team members named in the Contestant Application) by checking the box signifying your agreement and the agreement of the Family Team Members if you wish to apply to be considered for “Family Feud”.
I, the Family Captain, named in the Contestant Application, agree (on behalf of myself and my Family Team Members, collectively the “Family Team” or “We” or “Our” or “Us”) with FremantleMedia Australia Pty Ltd (the “Producer”) that in consideration for the Producer’s labour and expense in making arrangements relating to our participation for the television program “Family Feud” (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 below:
1. Myself and all the Family Team Members are at least 18 years of age (as at the date of application) and are an Australian or New Zealand citizen or resident and are all related to each other as an immediate family by either blood relations, marriage, de-facto partnership or legal adoption and will supply (where requested by the Producer) a copy of any birth certificates, passports or such other documentation as the Producer may require to confirm such.
2. Neither I nor any of the Family Team Members’ or Our immediate family 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 Pty Limited (“Ten”), its affiliated entities, or any television station owned and operated by Ten;
b) The Producer or any of its associated entities.
3. If selected as participants in the Program, I and all Family Team Members will execute all waivers and release agreements required by Producer and Ten and any of their licensees, successors or assigns including but not limited to the right for the Producer and Ten to record and exploit any footage of our participation in the Program for use in all media worldwide in perpetuity.
4. I warrant that myself and all Family Team Members will be available and will attend auditions as well as recordings of the Program on the dates as agreed with the Producer from time to time. I warrant that I and all Family Team Members are willing to travel interstate for any auditions (if required) and are also willing to travel to Melbourne for the recordings of the Program as required by the Producer.
5. I hereby give (on behalf of myself and Family Team Members), the following representations, warranties, acknowledgements, consents and releases:
(a) The Family Team hereby represent, warrant, acknowledge and agree that:
i. All the Family Team Members have read and agree to be bound by these terms and eligibility requirements;
ii. We will abide by the rules, regulations, terms and conditions (the “Rules”) of the Program and will accept the decision of the Producer as final and We hereby acknowledge that the interests of the Program shall override those of any participant or Family Team;
iii. I and/or my Family Team Members have completed the application and will complete all other forms associated with the Program honestly and accurately and agree that the answers and information supplied in such forms and otherwise to the Producer will be in no way misleading. I and/or my Family Team Members furthermore acknowledge that the Producer reserves the right exercisable at any time in its sole discretion to disqualify myself or any members within my Family Team from the game show, Program or auditioning process should I or any Family Team Members, at any stage supply untruthful, inaccurate or misleading personal details or information, break the Rules or otherwise be in breach of these terms and agree that such disqualification may result in forfeiture of any Program prizes or prize monies;
iv. the Producer has no obligation to select my Family Team for the Program;
v. even if my Family Team is selected to participate in the Program, the Producer has no obligation to record Our involvement in the Program and Ten has no obligation to broadcast Our involvement in it;
vi. all decisions by the Producer concerning selection of the participants is final and not subject to challenge or appeal;
vii. the Producer has no obligation to return any materials submitted by me or any Family Team Members as part of the application whether or not any of Us are selected to participate; and
viii. Neither myself or any Family Team Members have or will enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of Our appearance in the Program.
ix. The Family Team undertakes to disclose to the Producer details of any criminal convictions and/or convictions not spent other than driving offences which have not resulted in a ban or more serious sentence of either the Family Captain or Family Team Members. The Family Team shall notify the Producer immediately if there are any criminal charges brought against the Family Captain or Family Team Members or if any information provided
by the Family Team becomes inaccurate up to and including the date of transmission of the Family Team’s appearance on the Program.
(b) By submitting the Contestant Application:
i. It is acknowledged and agreed that the Producer’s labour and expense in making arrangements relating to Contestant Application for the Program and the opportunity provided to potentially appear in or in association with the Program, (the “Benefits”) include full and final consideration for all attendance at any and all activities as required by the Producer in connection with the Program. It is also acknowledged that no fees will be payable in respect of any use by the Producer (or any assignees or licensees) of the Program or any part thereof (including in relation to our appearance).
ii The Producer, Ten, 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”) shall not be liable to the Family Captain or Family Team Members for any loss or damage or injury to us or our property caused by or suffered during or in connection with our taking part in the Program except where caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment.
iii The Family Team agree not to disclose to any third party or any other persons any information relating to the Program (or its outcome) or the affairs of the Producer (or any assigned company) or Ten, which may come to Our knowledge during or in connection with Our participation in the Program.
iv The Family Team 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 Ten or the Producer or otherwise connected to the Program save for such information which is already public knowledge. Should any member of the Family Team 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.
v The Family Team agree to grant the rights hereunder whether or not the Family Team is selected to participate in the Program in any manner whatsoever.
vi The Family Team 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.
6. Jurisdiction and Enforceability.
(a) 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.
(b) 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.
(c) The Courts of New South Wales shall have sole jurisdiction in relation to the terms and conditions of this agreement, which shall be interpreted according to the laws of New South Wales.
Privacy Authorisation and Consent
(a) We hereby authorise the Producer and any person designated by the Producer to investigate, access and collect information about Us. 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 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 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.
(b) Without limiting the forgoing, We 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 agreement in determining Our 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 Our 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 We agree that there will be no restrictions on the use of Personal Information relating to Us that is contained in the recording of the Program. Information provided by Us to the Producer may also be disclosed to:
• The Producers related bodies corporate in Australia and overseas;
• any Program prize supplier or sponsor who may use the personal information at their discretion;
• television networks in Australia and overseas and their related bodies corporate;
• an audience when the Program is broadcast or otherwise exhibited.
• We acknowledge and agree that Our participation as an applicant, at an audition or as a participant in the Program is subject to the following:
Collection and use of Personal Information
• Personal Information provided by Us is collected for the purpose of considering Our application for inclusion as a participant on the Program. Information supplied by Us must be correct and particularly the Producer requires Our full and correct names. If We have fail to provide accurate information, We acknowledge and agree that the Producer may decline to allow Us to appear on the Program.
• In addition, if We participate in the Program, We agree that there will be no restrictions on the use of personal information relating to Us that is contained in the recording of the Program (‘the Program Tapes”).
Disclosure of Personal Information
Information provided by Us to the Producer may be disclosed to:
• its related bodies corporate in Australia and overseas;
• 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;
• television networks in Australia and overseas and their related bodies corporate;
• a viewing audience when the program tapes are broadcast or otherwise exhibited.
Storage of Personal Information held by the Producer
• If We are selected as a participant for the Program, the personal information relating to Us will be held for an indefinite period of time in a secure manner for as long as necessary.
• If We are not selected as a participant for the Program, the personal information relating to Us 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.
Access to Personal Information held by the Producer
• Some information We provide to the Producer may constitute “sensitive information” (as defined in the Privacy 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 Statement.