TERMS AND CONDITIONS OF APPLICATION
By completing your Application Form for the Programme (as such term is defined in the Application Form) you agree to the following terms and conditions (the “Terms and Conditions”):
GENERAL
1.1. These Terms and Conditions relate to your application to take part in the Programme and form part of your Application Form.
1.2. You are solely responsible for any and all costs or expenses incurred by you in applying to participate (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 Pictures in Motion LTD (“we’/’us’/’our”), cover these or any additional costs.
1.3. You understand that applications may not be considered if they are incomplete, incomprehensible and/or incorrectly submitted. We do not accept any responsibility whatsoever for any technical failure, malfunction of or any other problem with any computer network, system, server, provider, telephony system or otherwise, and/or for any postal service failures or other delays or problems which may result in any application not being properly received by us by the specified closing date (where applicable).
1.4 Closing Date: The closing date for the Programme is 1st of June 2021. We reserve the right to extend or close this application process at any time, in our sole discretion, for any reason without notice.
1.5 You accept that, due to the large number of enquiries and/or applications we expect to receive, we will not acknowledge or respond to each and every application and will only be contacting those applicants who we wish to put forward to the next stage of the casting and selection process. We will review your Application Form and shall decide which applications are suitable to be put forward to the next stage of the casting and selection process. You accept and agree that applicants and/or contestants for the Programme will be selected at our sole discretion, that our decisions in these matters shall be final, and that there will be no right of appeal against any decisions taken by us on these matters.
1.6 You accept that receiving an Application Form and/or any phone call(s) and/or other correspondence (in any form) from a member of the Programme production team, attending an audition, being shortlisted and/or attending any recording day(s) DOES NOT automatically mean that you will be taking part in and/or appearing on the Programme and we reserve the right, in our sole discretion, to stand you down at any time, even if you have been given a date(s) to attend any audition, interview and/or recording.
YOUR OBLIGATIONS
2.1. You agree to abide by the rules and regulations of the Programme as shall be notified to you in writing and/or verbally.
2.2. You accept that we may vary such rules and regulations from time to time and that our decisions in this matter are final You agree to attend any auditioning processes and promotional activities relating to the Programme if required by us on any dates as shall be notified to you.
2.3 If you are invited and/or selected to take part in the casting and/or selection process for the Programme:
2.3.1 you must provide us with proof of age and identity as requested (e.g. passport, driving license) before any audition or interview. Please note, if you do not provide a copy of your valid proof of age and identity in such form as notified to you before any audition/interview as requested, we may be unable to continue with your application and;
2.3.2 you agree to undertake a medical and/or psychological assessment, conducted by a certified practitioner, psychiatrist and/or such other mental health professionals as we consider appropriate if so required by us. You will also be required to complete a background check, a statement of health/health questionnaire and/or comply with our Covid-19 protocols as notified to you.
2.3. You warrant that you comply with each of the Eligibility Requirements set out in the Application Form and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided by you at any time (including without limitation in your Application Form and/or during the casting and selection process).
2.4. You agree that if you are formally selected to appear on the Programme, to sign a further contributor agreement at our request and you shall promptly execute and deliver such contributor agreement and perform such acts and complete any other documentation as may be required for the purpose of giving full effect to the contributor agreement.
2.5. You warrant that nothing in your Application Form, Contribution and/or the Personal Media (defined below) will:
2.5.1. infringe the copyright or any other right of any third party;
2.5.2. breach any contract or duty of confidence;
2.5.3. constitute a contempt of court or expose us to any civil or criminal proceedings; and/or
2.5.4. otherwise be intended to bring us, the Programme, the Broadcaster, and/or any other party into disrepute.
2.8 You warrant that the information supplied on the Application Form, as well as all other information that you share with us will be true and honest, that you have not and will not deceive or mislead us in any way (including not withholding any information), you are applying as yourself to participate in the Programme, and you will continue to be entirely truthful and accurate in answering any questions and/or supplying information to us whether verbally or in writing.
2.9. You understand that we may, in our sole discretion, disqualify you at any time from any stage of the casting and selection process or the Programme itself and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Programme if:
2.9.1. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information and/or you have deceived us, in any way, including without limitation about your identity;
2.9.2. you fail to abide by these Terms and Conditions and/or if appliable the rules and regulations of the Programme and/or the terms of any contributor agreement;
2.9.3. you fail to follow any of our reasonable instructions or directions;
2.9.4. by reason of your conduct (including past conduct) you bring yourself, us, the Programme, and/or the Broadcaster into disrepute; and/or
2.9.5. you fail to meet the Eligibility Requirements.
2.10. You agree to keep us informed of any changes to the circumstances and/or information and/or data provided in your Application Form (including without limitation any criminal charges, investigations and/or convictions which are brought against you) and/or to any other information that you share with us during your continued participation in the Programme casting and selection process and the Programme itself.
2.11. You agree to indemnify us and our assigns and licensees against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or no observance by you of any of your obligations and representations under these Terms and Conditions including but not limited to any extra costs of casting and/or production of the Programme.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. In the event that you are invited to attend an audition, interview, recording and any other subsequent stages of the Programme selection process (however they may take place, whether in person or virtually), you agree and consent to the filming and recording of you and your voice, conversation and sounds (the “Contribution”) and the use of your Contribution for and in connection with the Programme, in whole or in part or not at all.
3.2 You irrevocably grant and assign to us by way of present assignment of present and future copyright, all rights of any nature in and to the rights, title and interest in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media in connection with the Programme or otherwise in perpetuity.
3.3 You also agree that any photographs, images, recordings (audio and/or visual) and/or any other materials you submit as part of your application, the casting and/or production process and/or as part of your Contribution (collectively “Personal Media”) may be featured in the Programme and/or associated and may be used in any media (including, without limitation, social media) and we are under no obligation to return these to you. Furthermore you grant to us a royalty free transferrable worldwide perpetual all media license for our use of the Personal Media and you confirm that you have all the necessary licenses, rights, consents and permissions (including from any individuals who may feature in the Personal Media) for our use of the Personal Media (in full or in part) and shall provide us with details of all such licenses, rights, consents and permissions relating to the Personal Media if we so request.
3.4 You grant us the right to use your name, voice, likeness, photographs and any biographical material, Personal Media and/or your Contribution for and in connection with the Programme and/or any future series of the Programme (including without limitation for publicity, promotion and sponsorship of the Programme or any future series of the Programme) and any ancillary or merchandising products, services or endorsements throughout the world in all media (now known or hereafter invented) in perpetuity.
3.5 You accept that we have the right to edit, copy, adapt or translate the Contribution 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 in respect of any Contribution and/or the Personal Media.
4. CONFIDENTIALITY
You agree that you will not at any time disclose (directly or indirectly) or supply any information or material (including but not limited to any photographs and/or recordings) to any person (including without limitation the press and/or via social media) in relation to:
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this application and/or the casting/selection process;
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(ii) the Programme (including but not limited to other contributors or applicants/contestants, the crew and/or the outcome of the selection/casting process and/or any activity); (iv_ the affairs of us, and/or the Broadcaster; and/or (iv) the contents of any and all agreements, correspondence and/or conversations between you and us; which come to your knowledge as result of your application for and/or the casting and production process for the Programme.
5. MISCELLANEOUS
5.1 By necessity we will process your personal data, including your name, image and voice, as part of casting the Programme, together with such special category data you may share with us (e.g. about your health, race and/or criminal history) which you explicitly consent to us sharing with us, the Broadcaster and other authorised third parties. We will do so in accordance with all relevant data protection law and you can find out more information about how we process your personal data on our website https://www.picturesinmotion.co/privacy-policy
5.2 These Terms and Conditions were last updated on 5th March 2021. Please note that we may update and amend these Terms from time to time and it is your responsibility to ensure you review the Terms regularly to familiarise yourself with any changes.
5.3 These Terms and Conditions and any non-contractual obligations arising out of or in connection with it or its subject matter shall be governed by, and construed in accordance with, the law of England and Wales and you and us irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.