The audition process shall measure contestants’ suitability in relation to the requirements of Southern Star Productions No.13 Pty Ltd (“Producer”) as producer of the Program; and aspects of the audition will be skill and performance based. Applicants who audition for the Program agree to the following terms and where applicable make the following warranties to the Seven Network (“Broadcaster”) and Producer as follows
1. I, as an applicant for the Program–'''
(A) am neither an employee nor a close relation (including a spouse, partner, child, parent or sibling) of an employee or contractor of the Broadcaster or the Producer;
(B) understand that I may be required to disclose to the Producer during the audition process any person who I am in contact with or have access to, who is an employee or contractor of the Broadcaster or the Producer, whether or not they are a friend or relation of mine, and that the Producer may in its absolute discretion determine that my connection with any such person renders me ineligible to participate in the Program based on the objective of protecting the integrity and fairness of the Program;
(C) am over 18 years old;
(D) am a citizen or resident of Australia;
(E) shall, unless expressly permitted otherwise by the Producer, only make one application to appear in the Program and shall not use any automated entry software or any other means of entering repeatedly; and
(F) agree and understand that I may be required to provide proof of age and identity. If at any stage during my participation in the Program, I recognise any employee, contractor or agent of the Producer or Broadcaster who is connected with the Program to be someone who I know personally (whether they are a relative, friend or acquaintance), I will immediately notify the Producer.
2. I will abide by –
(A) the conditions set out here (“Conditions”);
(B) the rules of the Program, a copy of which can be viewed at www.yahoo7.com.au/dealornodeal (“Rules”);
(C) any further conditions set out in an invitation by the Producer to audition for the Program (if any) (“Audition Invitation Terms”); and
(D) a “Contestant Agreement” that I shall enter into with the Producer and/or Broadcaster in the event that I am invited to participate in the Program
and accept that the decisions of the Producer in applying such Conditions, Rules and Audition Invitation Terms are final and not subject to dispute.
3. If accepted as a potential contestant on the Program, I agree to make myself available on all dates advised to me in advance by the Producer for the purpose of recording the Program. If I win any round of the game in which I participate as part of the recording of the Program, I agree to be available to compete in the subsequent rounds of the game. This may involve more than one recording day. I understand that if I fail to make myself available the Producer may choose not to include me in the Program and the Producer shall not be liable to me for any consequential loss or in any other way.
4. I am responsible for the arrangement and payment of all travel, accommodation and other costs associated with my participation in the Program.
5. As part of the production and broadcast of and publicity for the Program, I consent to the Producer including personal information which I provide to the Producer during my contestant application, including the answers I give to questions asked in the audition form. For example, the broadcast of the Program in which I appear (if any) may include reference to my age, my occupation and my hobbies or any other response which I have made when applying for participation in the Program.
6. I have no criminal convictions of any kind whatsoever. If criminal charges are brought against me from the date hereof up to and including the date of transmission of my appearance on the Program (if any), I agree to inform the Producer immediately.
7. I declare that I am fit, healthy and able to participate in the Program if selected. I have been informed about the nature and style of the Program, the wardrobe requirements and the prizes that may be won. I acknowledge that the recording day(s) for the Program may involve extended periods of sitting or standing in the same position.
8. I have not and shall not entered into any commercial or other sponsorship agreement or arrangements with any person, firm or company in respect of my potential appearance in the Program and will not do so.
9. The Producer and/or the Broadcaster will not be liable to me for any arrangements made between me and any of the other participants in the Program in relation to any prizes to be won.
10. Subject to the Rules, if selected as a contestant I may be entitled to a cash prize (“Cash Prize”) payable by cheque and/or a non-cash prize (“Giveaway Prize”). The Cash Prize and the Giveaway Prize are collectively referred to as the “Prize(s)”.
11. No Giveaway Prize can be exchanged nor can I receive cash in place of any Giveaway Prize. If I sell any Giveaway Prize won on the Program, I will not advertise nor state directly or indirectly that the item was won as a prize on the Program. I understand that Giveaway prizes which comprise a holiday or travel depart from Melbourne or Sydney, depending on the prize, and I acknowledge that I will be responsible for the arrangement and cost of travelling from my place of residence to the airport of departure in order to use the Giveaway Prize. Other conditions may be attached to travel or holiday prizes and I will be notified of such conditions at the time of winning the prize. All prizes are non-transferable and non-refundable (as the case may be), either in whole or in part.
12. I acknowledge that the Broadcaster and not the Producer is responsible for the payment or supply of all Prizes unless I am informed otherwise and that my entitlement to any Prize is subject to these Conditions and Rules of the Program. Subject to paragraph 13 below, if I win a Cash Prize, a cheque will be forwarded within 30 days of the transmission of the episode of the Program in which it was won. I agree that I will be liable for all taxes and duties payable in respect of any prizes I win. The Producer will use reasonable endeavours to ensure that if I win a Giveaway Prize, it is provided within a reasonable time after the transmission of the episode of the Program in which it was won, subject to availability from suppliers.
13. I agree that the issuing of a Prize is contingent upon the relevant episode of the Program actually being transmitted in whole in Australia. Neither the Producer nor the Broadcaster shall be required to award any Prize in any game that arises from an episode that is not actually transmitted in Australia. Further, if the production of the entire Program or any episode is abandoned or terminated for any reason by any person, no prize will be awarded to any contestant. Prizes used in a pilot or test game are for demonstration purposes only and will not be made available. For the avoidance of doubt, any Prize(s) are awarded only once irrespective of the number of transmissions of an episode.
14. I agree that I shall not discuss any information concerning the Program or my participation in the Program with any other person, whether by means of discussion, letter, press, photograph, television interviews or otherwise without the consent of the Producer. I will maintain in confidence at all times (unless authorised or compelled by law) all information relating to any agreement I enter into with the Producer, the Program and the business of the Producer that is disclosed to me. This paragraph does not restrain disclosure in any manner required by law or for the purpose of prosecuting or defending any claim or in confidence to my professional advisers for the purpose of obtaining advice on the terms of agreements I enter into with the Producer or Broadcaster.
15. I will not in the course of the Program, or in any public statement concerning my appearance in it, refer directly or indirectly for any reason whatsoever to any trade or business name, or make any statement of a political nature.
16. My appearance in the Program (if any) is not a professional performance and I understand that the Producer shall be entitled to edit, alter, or to otherwise, cut the Program at its absolute discretion. Consequently, I understand that there is no guarantee that my contribution (if any) will appear in the finished Program.
17. The Producer has the right to stand down any contestant (including, if selected as a contestant, myself) at any time as circumstances may change which affect the casting of the Program.
18. I agree to observe all procedures and rules, including the Rules of the Program and obey all instructions in force or given by authorised officials of the Producer or Broadcaster in connection with the management of the Program and or the studios and the fire safety and security arrangements in those studios and surrounding areas.
19. If any of the information I have given to the Producer at any time including in my application for the Program becomes incorrect due to any change in circumstances prior to the date of transmission of the Program, I undertake to inform the Producer immediately of the nature of such change.
20. I agree that the Producer is the owner of the copyright throughout the world in the Program and of the results and proceeds of any contribution and participation I make in the Program (including but not limited to material recorded at auditions for the Program). To the extent necessary, I assign to the Producer the copyright and all other rights in my contribution to the Program, (which includes my application form) for use in all media now known or which may be developed in the future. I grant the Producer the irrevocable, perpetual and worldwide right to use my name, likeness, photograph, caricature, voice and biographical material in connection with the production and exploitation of the Program, including for any commercial purposes, including endorsement. If I have any moral rights in relation to my contribution to the Program, I irrevocably consent to all material alterations to such contribution for the benefit of the Producer, its licensees, sub-licensees and assignees for all purposes in relation to Australia. For all territories other than Australia
(a) which recognise a waiver of moral rights, I irrevocably waive for the benefit of everyone any moral rights and similar rights that I may have as a result of the “work” performed in relation to the Program;
(b) which do not recognise a waiver of moral rights, I irrevocably consent to all material alterations to the all recordings made in relation to the Program (“Recording”), the Program and subject matter, works or materials contained in
the Recording and the Program, for the benefit of the Producer, its licensees, sub-licensees and assignees.
21. During the period of my participation in the production of the Program (if any), I will act responsibly at all times and will maintain a high standard of behaviour, attitude and appearance. To the extent permitted by law, neither the Producer, including its servants and agents, nor the Broadcaster are liable for any misadventure, accident, injury, loss, cost or claim suffered by me arising out of or during:
(a) the making of the Program;
(b) underta''''''king any travel required for the making of the Program;
(c) participating in or using any Prize(s); and
(d) the making or broadcast of the Program including any statements made by any compere, other contestant or staff member.
22. I indemnify the Producer against all claims, demands, damages, expenses, costs and actions suffered or incurred by the Producer arising from my appearance on the Program and any use of any Prize.
23. The Producer makes no warranties as to the qualities, behaviour, health or character of other contestants of the Program or the safety and quality of the Giveaway Prize(s).
24. I acknowledge that I have read and understood and agreed to:
(a) the Rules, a copy of which can be downloaded at www.yahoo7.com.au/dealornodeal; and
(b) the “Privacy Statement” set out below.
25. I warrant that:
(a) all of my answers to the questions on my application to be a contestant on the Program are true and correct; and
(b) I will be entirely honest and truthful when taking part in the Program.
I am aware that the Producer may take legal action against me if I mislead it or if I misrepresent the true facts in any way. Further, I confirm that I have not undertaken any activities, nor intend to, which would bring the Program or the Producer or the Broadcaster into disrepute. I acknowledge and agree that if the Producer determines that I have breached any of these Conditions (including any of the warranties I have given above) or that I have made any misrepresentation to the Producer in the course of making my application to be a contestant on this Program, the Broadcaster may refuse to deliver to or pay me any Prize which I have won or that I may be required to return any Prize already paid or delivered to me at the time the Producer determines that I have breached these Conditions.
26. I understand that neither submitting this application, succeeding in this application, nor agreeing to these Conditions, shall guarantee me an audition for or my appearance on or participation in the Program.
27. If selected to participate in the Program, in the event of technical failure during the making of the Program, I will abide by a revised system of determining a winner as will be explained to me by the Producer. If I do not agree to abide by the revised system as explained to me by the Producer I will forfeit my place on the Program and any Prize(s).
28. If selected to participate in the Program, I understand and agree that I am not permitted to and will not place a bet or offer odds on any aspect of the Program (including the ultimate winner) for financial or other gain or request, authorise or encourage any other person to do so, on my behalf or their own behalf, based on information given to them by me. If I contravene this, I will forfeit my place on the Program and any Prize(s).
29. I agree that I may not seek injunctive relief against the Producer or Broadcaster nor restrain the Producer or Broadcaster from making and exploiting the Program.
Southern Star Productions No.13 Pty Ltd is bound by the Privacy Act 1988 in respect of your personal information. Southern Star Productions No.13 Pty Ltd collects your information for the primary purpose of choosing contestants for Deal Or No Deal and for use in the production of Deal Or No Deal and may share your personal information with Southern Star Productions No.13 Pty Ltd's related bodies corporate and with the Seven Network (the "Broadcaster") for this purpose and you consent to this. You agree that Southern Star Productions No.13 Pty Ltd, its related bodies corporate and the Broadcaster may retain your personal information as part of a record of individuals who have applied to be contestants for the period of time that Deal Or No Deal is being produced, broadcast (including any repeats) and distributed and use it to contact you to inquire whether you wish to appear as a contestant on Deal Or No Deal or other television program produced by Southern Star Productions No.13 Pty Ltd and/or any of its related bodies corporate and/or the Broadcaster. You have the right to access any of your personal information which Southern Star Productions No.13 Pty Ltd collects and holds. If at any time your details change or you would like to update or access the personal information Southern Star Productions No.13 Pty Ltd has collected about you, please contact Deal or No Deal Production Office on (03) 9863 6177 or e-mail: firstname.lastname@example.org.