ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS
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 “The Great Australian Bake Off” (“Program”).
I, the applicant named in this Participant Application, agree with BBC Studios Australia Pty Ltd (the “Producer”) that in consideration for the Producer’s labour and expense in making arrangements relating to my participant application for the television program provisionally entitled “The Great Australian Bake Off” (also referred to as the “Program”) and the opportunity provided to me to potentially appear in or in association with the Program, I hereby consent to the filming and recording of such contribution and my involvement in the auditioning process and the Program, on the terms and conditions below:
1. I am at least 16 years of age on the commencement of any auditions and/or filming of you for the Program and an Australian 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) The Commissioning Network Broadcaster (“Broadcaster”), its affiliated entities, or any television station owned and operated by the Broadcaster or its affiliates; or b) The Producer or any its associated entities; or (c) co-producer, FremantleMedia Australia Pty Limited.
In addition, Producer and Broadcaster reserve the right to render ineligible at any time, any person whom any of them determines, in its sole discretion, is sufficiently connected with the production, administration or distribution of the Program.
3. I acknowledge that my participation in the Program may at some time require me to submit my own original recipe(s), which I warrant that no other person or entity has any rights to (“Recipe(s)”). I acknowledge and agree that my submission of the Recipe(s) will constitute my agreement to these terms and conditions.
a) I understand that if I consider my Recipe(s) a trade secret or otherwise wish to keep my Recipe(s) or any ingredient, element or idea therein confidential I should not participate in this Program or submit a Recipe(s). By submitting a Recipe in connection with the Program, I acknowledge and agree that the Producer may use, commercialise and/or exploit the Recipe(s) in any media throughout the world and in perpetuity. I further acknowledge and agree that there is no obligation of confidentiality owed to me by the Producer in respect of and use of the Recipe(s) I submit. The Producer or any of its successors, licensees or assignees may, including without limitation, reproduce, display, publish, exhibit, develop, manufacture, market, sell, distribute or otherwise commercialise the Recipe(s) or a recipe or product which is or may appear similar or identical to my Recipe(s) or any elements or ideas contained therein. I understand and agree that the Producer or any such third party contemplated in this clause and/or as authorised by the Producer has a legal right to do so including, by way of either the rights granted by me in relation to the Recipe(s) in these terms and conditions or for any other reason including without limitation, because other persons have submitted similar or identical recipes, elements or ideas, or because such recipes, elements and ideas have been independently conceived or developed by other persons.
b) If selected as a participant in the Program I will execute all waivers and release agreements required by Producer and Broadcaster and any of their licensees, successors or assigns including but not limited to any food manufacturer, grocery/supermarket entity or any other persons or entity.
4. I will be available to the production on the dates and times advised by the Producer from time to time, 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 Program.
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 Police Check 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 conditions of the Program as they relate to the Program and its participants including but not limited to those in the Application form, these terms and conditions, any eligibility requirements and any subsequent terms and conditions relating to the Program and its participants;
ii. I will abide by the rules, regulations, terms and conditions (the “Rules”) of the Program 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 (including but not limited the Producer’s decision relating to my eligibility or disqualification which I agree is solely the Producer’s discretion) and I hereby acknowledge that the interests of the Program shall override those of any participant including myself;
iii. I have completed this application and will complete all forms associated with the Program 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 Program if I am selected to participate;
iv. the Producer has no obligation to interview me, and/or select me as a participant for the Program and the Producer may terminate my involvement or audition for any reason at any time upon reasonable notice;
v. even if I am selected as a participant, the Producer has no obligation to record my involvement in the Program 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;
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 Program;
ix. I am not a professional chef, baker, caterer, recipe writer or food technologist nor have I worked professionally in this capacity for a total of more than 8 weeks in the last 8 years;
x. I have informed the producer of any existing talent or career management contract which I have entered into up until this date;
xi. If I progress past the auditions stage and am selected as a participant for the Program, I will not enter into any talent or career management contract from the date of this application until 12 months after the date of broadcast of the final episode of this Program without the prior written permission of the Producer;
xii. I have never entered into any agreement to commercialise or for the sale or distribution of food products on a mass production scale. I understand that having have sold food product at local markets, fetes, fund raising drives, growers markets, will generally not be considered by the Producer as having commercialised or entered into a contract for the sale or distribution of food products on a mass production scale. I agree and acknowledge that the Producer retains the right to determine in its sole discretion whether I am eligible to participate pursuant to this criterion;
xiii. I have not entered into any contractual, commercial, sponsorship or other arrangement in respect of my name, likeness, image or biography;
xiv. I warrant that I am not currently being considered to be a participant, contributor or performer on any other television program and will immediately inform the Producer if I am and will immediately withdraw from such television program;
xv. I warrant that if I appear in the Program by way of the Producer’s filming of auditions or otherwise, I will not appear on any other television program until 12 months after the date of broadcast of the final episode of this Program without written permission.
(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, representative, 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 (including any photographs and video which I submit) and/or participation in the Program or in any materials submitted by me or a third party in connection with my application and/or participation (which includes, without limitation, any personal information as defined in the Privacy Act 1988 (Cth) 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 world in perpetuity, in or in connection with the Program.
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 (including recordings of myself) 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 Program (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 world, 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 appearance and contributions to the Program and any recordings of these, 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 Program, the Likeness and the Materials by all means and in all media and formats whether now known or hereafter invented throughout the world 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 Program, my contributions to the Program, the Likeness and the Materials without restriction.
iv. I hereby irrevocably grant to the Producer the unrestricted right, license and permission to copy, reproduce, display, broadcast, publish, distribute, edit, adapt, modify and otherwise use in any manner including but not limited to commercial exploitation, worldwide in perpetuity, all or any part of the Recipe in any form of media, including, without limitation, television and the Internet and I waive any and all Moral rights in and to the Recipe.
v. Without limiting the forgoing, 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 Program, the Likeness, the Recipe(s) and the Materials (collectively 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 Releasee (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 world 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.
vi. Without limiting the forgoing, I agree that the Releasees shall be entitled to:
(a) alter, adapt or make additions to or deletions from the Program and the Works (and my Likeness thereon) at their discretion;
(b) make and exploit and to authorise the making and exploitation of any recording or fixation of my Likeness and the Works separately from or in conjunction with the Program throughout the world in perpetuity in all media or in any other manner whether now known or hereafter invented;
(c) dub my voice in any language; and
(d) use my Likeness, the Materials, the Works photographs of me and recordings of interviews with me separately from or in conjunction with the Program in all media and formats throughout the world 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 Program and to use the Personal Information in accordance with the provisions in this Agreement.
viii I agree that I will not be paid any money for giving to 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 participation in the auditions for the Program and/or the Program and the opportunity provided to me to potentially appear in or in association with the Program, (the “Benefits”) include sufficient and adequate consideration for the use and exploitation of my contributions to the auditions of the Program and/or the Program, the Likeness and the Materials, the Works and the Recipe (including without limitation my appearance in any and all episodes of the Program) by any means and media, anywhere in the world 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 Program. 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 Program or any part thereof.
ix 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, the Materials, the Works and/or the Recipe(s) (including, without limitation, any claim that such defames me, invades any right of privacy or infringes any intellectual property rights I may have in relation to the Recipe(s)).
x I agree that 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 Program.
xi I agree not to disclose to any third party (other than my professional advisors) any information relating to the Program 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 Program including but not limited to other participants and recipes associated with the Program including my own Recipe(s).
xii 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 Program, my appearance in the Program, any of the production team or any participants in the Program including but not limited to any recipes associated or included in the Program including my own Recipe nor any other information which may come to my attention relating to Broadcaster or the Producer or otherwise connected to the Program 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.
xiii I agree that I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.
xiv 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.
xv I agree that the Producer may assign my services and all other rights in my contribution to the auditions and/or the Program, the Likeness, the Works, the Recipe(s) and the Materials to any subsidiary or associated companies or successors in title and to any other third party.
7. I represent and warrant that I will not take any photographs or audio or video recordings of the auditions or anything or persons relating to the Program, and by attending an audition, I agree to keep any and all information regarding the Program completely confidential and to not conduct any interviews or provide any comment or disclose any information to the public, the media (including online and social media) or any individual other than Producer or without the consent of the Producer, including, without limitation, information concerning or relating to the Program, information regarding the Recipe(s) and/or the performances, identity of any other participants or their recipes, the identity of the Host and any of the Judges, any and all actions and comments of any other participant, Judge, Host, the Producer. I further agree that these terms and conditions, and Program Rules and any other terms and conditions that I am required to accept and sign are of a confidential nature and I undertake not to disclose them to any person or entity and indemnify the Producer for any kind of loss arising from any disclosure.
8. I acknowledge and agree that, if I am selected as a Participant in the Program, I will be required to read, approve and sign a Participant Release Form which will include, without limitation, the following grant of rights to Producer and certain restrictions, obligations, and limitations on my ability to use the Recipe(s), other recipes, and my name, image, personality and likeness:
(i) in consideration for the opportunity to appear in the Program and in addition to any rights the Producer may have, I agree to: (a) irrevocably assign and grant, on behalf of myself and my heirs, executors, administrators, successors and assigns, to Producer (or its successors, licensees and assigns), the exclusive, perpetual, irrevocable, transferable, sublicensable, right, title and interest in and to the Recipe(s), including, without limitation, all copyright therein, and the right to perform, develop, manufacture, market, sell, distribute, produce, reproduce, store, copy, transmit, transfer, exhibit, publish, post, edit, adapt, create derivative works from, trademark, copyright and or otherwise use without limitation, the Recipe(s) and any product derived therefrom in any many and any and all media throughout the world, whether now known or existing in the future, in whole or in part, whether in association with my name, image or likeness or otherwise; and (b) waive any and all moral rights in and to the Recipe(s) in favour of the Producer, its licensees, successors and assigns. The assignment and grant of rights set out in (a) above and this clause shall be exclusive to Producer for perpetuity for use anywhere in the world. I agree not to (save and except where specifically the Producer provides written consent), license, assign or grant any right, title or interest in the Recipe(s), a modified version or any other recipe that I may develop to any persons or entity whether in association with my name, image or likeness or otherwise. I will also agree to restrictions on my ability to appear on television and other entertainment media and to restrictions on my right to sell, license and/or grant rights, publish or otherwise commercialise any other recipes myself or any other person or entity without the prior written consent of the Producer, or to commercially use myself or grant the use of my name, image or likeness to any other person or entity or to act as a spokesperson or other public representative to any other person or entity prior to, during, and for two (2) years after the first broadcast of the final episode of the Program. I also agree to grant a right of first refusal in favour of the Producer to license or use any other recipes created from the date of my participation in the Program for a period of two (2) years after the first broadcast of the final episode of the Program. Such licence is granted on the same terms as the licence for the Recipe in this Agreement and is granted to the Producer by me upon creation of any recipe without payment of any fees. I acknowledge and agree that the grant of rights described above includes, but is not limited to, the right of Producer (but not the obligation) at Producer’s sole and absolute discretion, to sublicense or grant such rights to any third party to use the Recipe, or a modified, edited or translated version thereof, in whole or in part, for any commercial or non-commercial purpose, including, without limitation, merchandising, the right to produce a branded product, and the publication of a cookbook, the right to market, advertise any product or merchandise in relation to the Recipe or my image, name, likeness, without any additional compensation, notice or approval. In addition, my Recipe may be published online by Producer or Broadcast or any persons authorised by the Producer, or their successors and assigns and may be available to all audiences or users to be reproduced or used for their own use.
9. I acknowledge and agree that all decisions regarding the production, marketing, advertising, sale or use of the Recipe(s) and/or any product derived therefrom shall be at Producer’s sole discretion. I further acknowledge and agree that I will have no right of approval or consultation and I will not receive any notice, compensation or credit for the use or non-use of my Recipe(s), my Video (if applicable), or for my participation in the Program or any activities related thereto, other than the awarding of the prizes within the Program.
10. 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 Program. I 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.