MasterChef New Zealand Series 5 Terms and Conditions
ELIGIBILITY REQUIREMENTS AND TERMS AND CONDTIONS
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS CAREFULLY.
You must indicate your acceptance of the eligibility requirements below by checking the box signifying your agreement where indicated if you wish to apply to be considered for "MasterChef NZ Series 5".
I, the applicant named in this Participant Application, agree with Imagination Television Ltd (the "Producer") that in consideration for the Producer's labour and expense in making arrangements relating to my participant application for the television programme provisionally entitled "MasterChef NZ Series 5" (also referred to as the "Programme") and the opportunity provided to me to potentially appear in or in association with the Programme, I hereby consent to the filming and recording of such contribution and my involvement in the auditioning process and the Programme, on the terms and conditions below:
1. I am at least 18 years of age on 25th August 2013 and a New Zealand citizen or resident and will supply a copy of my birth certificate, passport or such other documentation as the Producer may require to confirm such.
2. 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. Television New Zealand ("Broadcaster"), its affiliated entities, or any television station owned and operated by the Broadcaster or its affiliates;
b. The Producer or any of its associated entities;
c. Shine Ltd;
d. Reveille LLC.
In addition, Producer and Broadcaster reserve the right to render ineligible any person who any of them determine, in their sole discretion, is sufficiently connected with the production, administration or distribution of the Programme.
3. If my nominated partner and I are selected to participate in the Programme, we will execute all waivers and release agreements required by Producer and Broadcaster and any of their licensees, successors or assigns.
4. I will be available for the production for the approximate dates listed in the online application, and will 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 Programme.
5. I am willing to submit medical information to the Producer and to submit to a medical examination, psychological examination and background check including criminal record if requested by the Producer.
6. I hereby give the following representations, warranties, acknowledgements, consents and releases:
a. I hereby represent, warrant, acknowledge and agree that:
i. I have read and I meet and agree to be bound by the terms and eligibility requirements;
ii. I will abide by the rules, regulations, terms and conditions (the "Rules") of the Programme 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 Programme shall override those of any participant;
iii. I have completed this application and will complete
all forms associated with the Programme 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 contest 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 Programme if I
am selected to participate;
iv. the Producer has no obligation to interview me, and/or select me as a participant for the Programme;
v. even if I am selected as a participant, the Producer has no obligation to record my involvement in the Programme and Broadcaster has no obligation to broadcast my 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 as part of the application whether or not I am selected as a participant; and
viii. 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 appearance in the Programme.
b. By submitting this application:
i. 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, representatives, 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 Programme 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 1993 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 Programme.
ii. 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 and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Programme (collectively the "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.
iii. 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 Programme, 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 Programme, 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 Programme, my contributions to the Programme, the Likeness and the Materials without restriction.
iv. Without limiting the foregoing, 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 Programme, the Likeness and the Materials (the "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 Releasees (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.
v. Without limiting the foregoing, I agree that the Releasees shall be entitled to:
1. alter, adapt or make additions to or deletions from the Programme (and my Likeness thereon) at their discretion;
2. 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 Programme throughout the Universe in perpetuity in all media whether now known or hereafter invented;
3. dub my voice in any language; and
4. use my Likeness, the Materials, photographs of me and recordings of interviews with me separately from or in conjunction with the Programme 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 Programme and to use the Personal Information in accordance with the provisions in this Agreement.
vi. I agree that I will not be paid any money for giving the Releasees the rights referred to in this Agreement or for signing this agreement. However, I acknowledge and agree that the Producer's labour and expense in making arrangements relating to my participant application for the Programme and the opportunity provided to me to potentially appear in or in association with the Programme, (the "Benefits") include sufficient and adequate consideration for the use and exploitation of my contributions to the Programme, the Likeness and the Materials (including without limitation my appearance in any and all episodes of the Programme) 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 Programme. 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 Programme or any part thereof.
vii. 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).
viii. 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 Programme unless (subject to vii above) caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment.
ix. I agree not to disclose to any third party (other than my professional advisors) any information relating to the Programme or the affairs of the Producer (or any assigned company) or Broadcaster, which may come to my knowledge during or in connection with my participation in the Programme.
x. 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 Programme, my appearance in the Programme, any of the production team or any participants in the Programme nor any other information which may come to my attention relating to Broadcaster or the Producer or otherwise connected to the Programme 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.
xi. I agree that I grant the rights hereunder whether or not I am selected to participate in the Programme in any manner whatsoever.
xii. I 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.
xiii. I agree that the Producer may assign my services and all other rights in my contribution to the Programme, the Likeness and the Materials to any subsidiary or associated company or successor in title and to any other third party.
7. Information and Privacy
The Producer deals with the collection, security, quality, use and disclosure of Personal Information in accordance with the Privacy Act 1993 ("the Act") and these terms and conditions, including this clause 7.
a. Privacy Authorisation and Consent
i. 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, this 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 Programme, 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 Programme. 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 Programme or other programmes, internal administrative purposes concerning the demographic and performance of individuals interested in appearing on TV programmes, and may be described or otherwise related in and in connection with the Programme.
ii. 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 Programme.
iii. Without limiting the foregoing, I authorise and consent to the use of Personal Information (as defined in the Privacy Act 1993) given to the Producer or collected by the Producer under the terms of this agreement in determining my suitability for the Programme and to the use of such information in researching and producing the content of the Programme and other programmes (including but not limited to content related to my background and participation in the Programme) and to the communication of such information to third parties, including but not limited to the general public through television broadcasts of the Programme 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 Programme. Information provided by me to the Producer may also be disclosed to:
" The Producer's related bodies corporate in New Zealand and overseas;
" any Programme prize supplier or sponsor who may use the personal information at their discretion;
" television networks in New Zealand and overseas and their related bodies corporate;
" an audience when the Programme is broadcast or otherwise exhibited.
b. Privacy Statement
I acknowledge and agree that my participation as an applicant, at an audition or as a participant in the programme is subject to the following:
i. Collection and use of Personal Information
Personal Information provided by me is collected for the purpose of considering my application for inclusion as a participant on the programme. Information supplied by me must be correct and particularly I will supply my full and correct name. If I have failed to provide accurate information, the Producer may decline to allow me to appear on the Programme.
In addition, if I participate in the Programme, 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 Programme ('the programme tapes").
ii. Disclosure of Personal Information
Information provided by me to the Producer may be disclosed to:
" its related bodies corporate in New Zealand and overseas;
" any programme 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 New Zealand and overseas and their related bodies corporate;
" a viewing audience when the programme tapes are broadcast or otherwise exhibited.
Accounting, audit, management, contestant and programme production information may also be disclosed to the Producer's related offices overseas. This will only be done in a manner consistent with the Privacy Act 1993.
iii. Storage of Personal Information is held by the Producer
If I am selected as a participant for the Programme, the Personal Information relating to me will be held for an indefinite period of time in a secure manner for as long as necessary.
If I am not selected as a participant for the Programme, the Personal Information relating to me 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.
All Personal Information will be stored at the Producer's offices at 12 Mackelvie Street, Ponsonby, Auckland.
iv. Access to Personal Information held by the Producer
I have the right to request access to Personal Information held by the Producer which relates to me in accordance with this application. I can access my Personal Information by contacting the Producer at PO Box 37-468, Parnell 1052. If the Personal Information held by the Producer is inaccurate I have the right to request it to be updated in accordance with the Privacy Act 1993.
8. 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. I agree and acknowledge that my sole remedy for any breach of these terms and requirements is an action at law for damages (if any), and that I 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 Programme. I agree that this provision is fundamental to this agreement.
c. The Courts of New Zealand shall have sole jurisdiction in relation to the terms and conditions of this agreement, which shall be interpreted according to the laws of New Zealand.