Australian Idol Series 9 - WhatsApp Application Video T&Cs

Australian Idol, intended to initially air on the Seven Network (the “Program”) is an Australian television program in which a competition is conducted to select a solo recording artist.  Huzzah Productions, Pty Ltd. (the “Producer”), a subsidiary of Eureka Productions Pty Ltd (“Eureka”), invites you to join in on the fun by giving you the opportunity to audition to be a contestant on Season 9 of the Program on Seven just by recording a video of yourself singing and uploading it to the designated WhatsApp telephone number. Please see the full eligibility requirements below for further details. During the submission period (defined below), Producer or its research team will regularly review the videos uploaded, and if we review your audition video and like your performance, we may contact you to further audition for the Program.  By participating in this Season 9 WhatsApp audition and posting an audition video for consideration by Producer in connection with the Program, you acknowledge that you have read, understand and voluntarily agree to abide by these WhatsApp Application Terms and Conditions and the Online Application Terms and Conditions set out below (collectively the “Terms and Conditions”) in their entirety and the Eureka privacy policy also set out below, as updated from time to time and available at http://www.eurekagroup.tv/ (the “Privacy Policy”).  So, before recording and sending us your Audition Video, please read carefully all of these Terms and Conditions and confirm that you meet the eligibility requirements as set forth below. 

1)     These terms and conditions are additional to the Online Application Terms and Conditions set out below and relate to your WhatsApp video application (“WhatsApp Application”) to be a contestant in the Program, including without limitation any and all comments, images, audio-visual content and/or any other materials submitted in and in connection with such application  (the “WhatsApp Application”). The information given by you in your application may be used in the Program should you be selected to undertake a formal audition in front of a member of the production team.

2)     To submit your WhatsApp Application you must be a registered user of WhatsApp and you must abide by WhatsApp terms of use, available at https://www.whatsapp.com/legal/#terms-of-service . 

3)     Your WhatsApp Application must be submitted to the designated Producer phone number set out on the poster/flier together with any other required details.  You must submit your WhatsApp Application before 30th November 2023 or at such other time as the Producer may elect. 

4)     Your WhatsApp Application should be no longer than 5 minutes.

5)     Your WhatsApp Application must have been recorded within the last 12 months, and must not be edited, distorted or enhanced in any way.

6)     Please ensure that you are the only person featured in your WhatsApp Application or, if you have someone accompanying you on an instrument, that you have the consent of those accompanying persons to submit the WhatsApp Application and for us to use the WhatsApp Application. You acknowledge that the contents of your WhatsApp Application will not be considered confidential.

7)     If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before submitting your WhatsApp Application. If you are submitting a WhatsApp Application featuring any person under the age of 18, you must ensure you have the consent of their parent or legal guardian before submitting the WhatsApp Application.

8)     Your WhatsApp Application must not contain any material which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or which infringes the rights of any third party. You must not advertise or promote third parties' or your own goods or services in your WhatsApp Application.

9)     By submitting your WhatsApp Application, without limiting any of the provisions of the Online Application Terms and Conditions you hereby grant the Producer an exclusive and irrevocable right to use, edit, reproduce, distribute, transmit, broadcast, make available and display your WhatsApp Application (or part of your WhatsApp Application), including but not limited to your performance, without charge, by any medium or method now known or later invented including, without limitation, online or television, to be exercised in our sole discretion, throughout the world in perpetuity, without restriction. As this right is exclusive, you agree that only we may use your WhatsApp Application so you must not upload it anywhere else. You agree that we may permit other parties authorised by us, including without limitation the Network group companies, a licence of your WhatsApp Application for their use. To the extent permitted by law, you consent to the Producer, the Network, their related companies and sub-licensees doing or authorising the doing of any act or making or authorising the making of any omission (whether occurring before or after this consent is given) anywhere in the world which may infringe any or all moral rights in relation to the Recordings and Copyright Works, including:

a)     the right of integrity of authorship and performership (that is, not to have a work or performance subjected to derogatory treatment);

b)     the right of attribution of authorship or performership of a work; and

c)     the right not to have authorship or performership of a work falsely attributed, which are rights created by the Copyright Act 1968 (Cth) and any other similar right capable of protection under laws of any applicable jurisdiction.

10)  You are responsible for the content of your WhatsApp Application. You confirm that you are fully authorised and entitled to submit the WhatsApp Application in accordance with these terms and conditions, and that by doing so you will not infringe the copyright or other rights of any third party, or infringe any applicable laws or regulations. You promise that you have all necessary licences, rights, permissions and consents to enable you to submit the WhatsApp Application and to authorise us to use the WhatsApp Application. You agree to give us evidence of such licences, rights, consents, and permissions if requested by us. You also agree not to transfer files which contain viruses or other harmful programs.

11)  By submitting your WhatsApp Application, you are signifying your agreement to these terms and conditions and the Online Application Terms and Conditions, and consenting to your WhatsApp Application being used for purposes set out above. If you do not accept any of these terms and conditions, do not submit your WhatsApp Application. We reserve the right to disregard any WhatsApp Application which, in our opinion, fails to meet the eligibility criteria set out in the applicable terms and conditions.

12)  We may accept or reject your WhatsApp Application at our sole discretion. Nothing in these terms guarantees that we will use or display your WhatsApp Application. You acknowledge that Producer has no obligation to further contact you, interview you, and/or select you for a live audition or as a contestant in the Program. You accept and agree that contestants will be selected at Producer sole discretion, that such decisions shall be final and that there will be no right of appeal against any decisions taken by Producer on this matter.

13)  If you are invited to attend a live audition with a member of the production team you may be required as a condition of auditioning to complete a formal written application form containing more detailed terms and conditions which will replace these terms and conditions.

14)  You acknowledge and accept that even if you are selected as a contestant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and Network has no obligation to exhibit it, even if produced;

15)  References to “we”, “us” and “our” are collectively to the Producer trading as Huzzah Productions Pty Ltd (ABN 63 645 266 379) and to Eureka Productions Pty Ltd (ABN 48 610 838 812)

 

Australian Idol Series 9 - Online Application Terms and Conditions 

1)     These terms and conditions relate to your application to participate in a talent search competition being filmed for a series of television programs provisionally entitled “Australian Idol” and any support programmes which the Producer proposes but does not undertake to produce for Seven Network (Operations) Limited (the “Network”). The information given by you in your application may be used in the Program should you be selected to audition.

2)     You are only eligible to apply to enter this competition if you:

a)     Will be between the age of 15 and 28 years old as of 1st September 2023;

b)     Are either an Australian citizen or have been a permanent resident in Australia for at least 2 years;

c)     Are not contracted to, and remain until the end of the Program uncontracted to, any music label or music publishing company;

d)     Are not now, and have not in the past 2 years been, an employee, officer, director or agent of the Producer, Eureka, the Network or Sony Music Entertainment Australia or any parent, subsidiary or associated company, and neither has any member of your immediate family or anyone living at your residential address;

e)     Are not an employee of, or in any way associated with, any news or media outlet, including any digital media outlet;

f)      Are fully vaccinated against COVID 19, meaning you have received at least three (3) doses of either Astra Zeneca, Pfizer, Moderna or Novavax vaccines, and acknowledge, understand, and agree that if required, you will obtain a further ‘booster’ COVID 19 vaccination prior to commencement of production of the Program;

g)     Are in good physical and mental health, are not a user of any prohibited drug or substance and do not know of any medical, psychological or other condition that could affect or prevent your participation in the selection process or the Program;

h)     Do not have any current or prior criminal charges, convictions or claims of any kind whatsoever (including but not limited to a criminal charge with no conviction recorded), nor any AVOs or DVOs sought or granted against you (whether interim or otherwise), and on and from the date of the submission of this application, if any criminal charge, conviction or claim is alleged or brought against you, you agree to immediately inform the Producer; and

i)      Agree, if selected for participation in the Program, to any and all background checks required by the Producer and the Network, and in addition, to submit to a physical and psychological examination by medical professionals (selected and paid for by the Producer), the submission of medical information to the Producer, and the certification of the medical professionals that you meet all physical and psychological requirements for participation in the Program.

3)     How We Use Your Data

a)     Eureka, the Producer and the Network take your privacy very seriously. By submitting the application form, you are indicating that you understand, acknowledge and consent and agree to the Producer collecting and using your personal information in accordance with Eureka’s Privacy Policy, the current version of which is set out at the bottom of these terms & Conditions. Eureka reserves the right to update its Privacy Policy from time to time, to see the latest version it is available on Eureka’s website at http://www.eurekagroup.tv/.

b)     Eureka and the Producer may collect and use your personal information for the primary purpose of choosing contestants for the Program and for use in the production, promotion, marketing and distribution of the Program. From time to time the Producer may need to send some of your personal information to the Network for broadcast compliance reasons (for example, to fact check content and/or check it complies with broadcasting codes). To the extent any personal data is shared with the Network for such purposes, the Network’s privacy policy (https://support.7plus.com.au/hc/en-au/articles/360060194392-Privacy-Policy )  shall apply to such use of your personal data by the Network.  Eureka, the Producer and their related bodies corporate may retain your personal information and also use the contact details provided to let you know about other television programmes being produced which may be of interest to you.

c)     Some information you provide to the Producer may constitute Sensitive Information (as defined under the Privacy Act 1988 (Cth) (the "Act")). You also grant Eureka, the Producer  and the Network (and any medical practitioner engaged by Eureka and the Producer) the necessary rights and consents under the Act and the Health Records and Information Privacy Act 2002 (NSW), to allow Eureka, the Producer, the Network and its representatives to (i) collect and disclose such medical and health information for the purposes of the production of the Program, including in connection with determining your suitability to participate in the Program; and (ii) the discharge of Eureka, the Producer and Network’s duty of care to you. Eureka, the Producer and the Network will handle your Sensitive Information in accordance with their Privacy Policies.

4)     You acknowledge and agree to abide by the rules, regulations, terms and conditions for this competition as determined by the Producer (the "Rules") and you acknowledge that the Rules may be changed (including without limitation verbally) at any time by the Producer in its sole discretion. The Producer’s decisions regarding all elements of the application process, the selection process, the competition and the Program shall be final and binding.

5)     The Producer reserves the right to introduce other methods of applying to be a contestant in the Program in its sole discretion and the closing dates for such methods will be as stated in the relevant promotion.

6)     The Producer, its agents and sub-contractors do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any online or WhatsApp applications, telephone networks, line, system, server, provider or otherwise which may result in any applications not being properly received.

7)     The submission of this application does not guarantee that an applicant will receive an audition or participate in the Program. You acknowledge that the Producer has no obligation to select you to participate in any stage of the process or in the Program and reserve their right to render you ineligible for selection and/or participation in their sole and absolute discretion.

8)     Applicants may be selected and invited to attend an audition at a time and location to be decided at the sole discretion of the Producer whose decision will be final and binding.

9)     Applicants who are not available for a first round audition may still be considered for a second round audition on the basis of a submitted video clip at the sole discretion of the Producer whose decision will be final and binding.

10)  Performers may be invited to audition for the series by researchers acting on behalf of the Producer.  Such performers will be required to audition on the same basis as any other applicant and normal programme Rules will apply.

11)  If you are invited to attend an audition you may be required as a condition of auditioning to complete a formal written application form containing more detailed terms and conditions which will replace these terms and conditions.

12)  If you are under 18 years of age please make sure that you get the permission of your parents or legal guardians before applying.

13)  If you are under 18 years of age and you are invited to audition, you must be accompanied by your parents or legal guardians at the audition. Proof of age will be required at the auditions.

14)  In the event that you are invited to attend an audition you hereby irrevocably grant all consents necessary for the Producer, the Network and their related companies and or sub-licensees to film and record such audition and the events surrounding it (“Recordings”) and to use the Recordings in connection with the Program and/or ancillary rights in the Program or otherwise and to exploit the same in all media throughout the world in perpetuity without the need for payment to you. You further acknowledge and agree that all intellectual property rights (including copyright) in the Recordings and in any photographs, recordings, works and other subject matter in which intellectual property rights subsist, created by you (whether alone or with any other persons), or which you are involved in creating in relation to the selection process and/or the Program and/or provided by you for use in connection with the application for the Program and otherwise in connection with the Program and/or in which you appear, including photographs and audio-visual recordings (taken or produced on any device, including without limitation mobiles) (“Copyright Works”) are the sole and absolute property of the Producer. For the avoidance of doubt, the Producer may broadcast, make available, communicate, repeat, exploit, modify and otherwise exercise all rights in the Program, the Recordings, the Copyright Works, or any part of the foregoing, in any media (now known or hereafter devised), worldwide, on any number of occasions, without additional payment to you. To the extent you hold any rights in the Recordings and Copyright Works, you hereby assign to Producer all right, title and interest (including all existing and future intellectual property rights including copyright) in the Recordings and the Copyright Works.

15)  You acknowledge and agree that your appearance in connection with the Program may be edited at Producer’s and/or Network’s discretion. To the extent permitted by law, you consent to the Producer, the Network, their related companies and sub-licensees doing or authorising the doing of any act or making or authorising the making of any omission (whether occurring before or after this consent is given) anywhere in the world which may infringe any or all moral rights in relation to the Recordings and Copyright Works, including:

a)     the right of integrity of authorship and performership (that is, not to have a work or performance subjected to derogatory treatment);

b)     the right of attribution of authorship or performership of a work; and

c)     the right not to have authorship or performership of a work falsely attributed, which are rights created by the Copyright Act 1968 (Cth) and any other similar right capable of protection under laws of any applicable jurisdiction.

16)  Should you be selected to take part in the Program you agree and undertake to enter into further contracts with the Producer and you agree to abide by the terms therein.

17)  All personal details and/or information given in your application either in this form or otherwise must be truthful, accurate and in no way misleading. If any of the information you provide changes after you submit it, you agree to promptly inform the Producer of any such change.

18)  If you have supplied untruthful, inaccurate or misleading personal details and/or information, have failed to abide by the Rules and/or are in breach of the terms hereof or fail to comply with any reasonable instructions or directions of the Producer or the Network, the Producer reserves the right to disqualify you and/or any prize or other benefit awarded or due to be awarded as a result of your participation in the Program may be withheld or reclaimed.

19)  You will not, without the Producer’s prior written consent, disclose, publish or discuss with any third party any information relating to the Program, your appearance in the Program, the production team, or any participants in the Program nor any other information which may come to your attention including without limitation in relation to the Network, the Producer, Eureka or otherwise save where such information is already in the public domain. Without limiting the foregoing, you also promise that you will not communicate to the public via any media at all including but not limited to the internet (eg blogs, personal websites, chatrooms, social media sites eg Facebook (Messenger), Instagram, Snapchat, Tik Tok, Twitter) at any time about your participation in the selection process or Program.

20)  You understand that you can discontinue your participation in the selection process at any time. If you discontinue your participation in the selection process or refuse to undertake any activity during the course of the selection process, you understand, acknowledge and agree that you will no longer be an applicant for selection in the Program, but the terms and conditions of this application will continue to apply to you.

 

 

 

Eureka Productions Pty Ltd - Privacy Policy

At Eureka Productions Pty Ltd ABN 48 610 838 812 (“Eureka”) we think privacy is important. We are committed to ensuring the privacy and protection of personal information from customers and business clients. 

This Policy reflects both Australian privacy law and Eureka’s policies in relation to the use and protection of personal information (which is information that could reasonably be used to identify you). Information relating to your rights under Australian privacy law can be found on The Australian Privacy Commissioners website at www.privacy.gov.au. 

This Policy will be available for free access on our website at all times. Let us know if you would like a hard-copy of this Policy sent to you.

1. How is Information collected and what is collected? 

Generally, Eureka collects personal information from you when you apply to participate in the production of Eureka’s programming.

Eureka only collects or holds your personal information if it is reasonably necessary and relevant to Eureka’s production activities. This personal information may include:

  • your full name, address and other contact details (like your telephone number, social media addresses); 

  • your date and place of birth;

  • your email address; and

  • records of your correspondence with us.

Eureka will take reasonable steps to ensure that the personal information we hold about you is accurate, up to date and complete.

From time to time, Eureka may receive information relating to you that we have not requested and which is not otherwise described above (“Unsolicited Information”). If Eureka does receive Unsolicited Information, we will check whether it is reasonably necessary for us to keep it. If it is, we will treat the Unsolicited Information in the same way as the other information described above. If Eureka determines that it is not reasonably necessary for us to keep it, we will, as soon as practicable, destroy or de-identify the relevant Unsolicited Information.

2. Kinds of Personal Information that Eureka Collects and Holds

Personal information that may be requested includes, but is not limited to:

  1. contact information such as your full name, date of birth, telephone number, passport details, mobile telephone number, current and valid email address, residential address and postcode,;

  2. more detailed contact preferences;

  3. sensitive information about you;

  4. your occupation and information regarding your professional history and professional interests;

  5. information regarding your education and qualifications;

  6. information regarding your personal interests and interesting and relevant information about you;

  7. information regarding your physical characteristics;

  8. information regarding your financial situation;

  9. television program proposals that you wish to submit for our evaluation;

  10. your online behaviour and interests based on your online browsing activity (including social interactions ) and social media accounts;

  11. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Eureka and used for the purposes set out in this policy (which may include using their details for marketing purposes); and

  12. any other relevant personal information requested in connection with a Production or as part of any Application.

3. Sensitive Information

We will only collect sensitive information with your consent and/or where you provide it to us directly. Where you provide us with any sensitive information or consent to others providing it to us on your behalf, (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history) in connection with what is requested by a Website, we will only use this information for the purposes stated on the Website and will share this information with our trusted third parties in the manner stated on the Website or in this Privacy Policy.

4. How do we hold your personal information?

Eureka may hold your personal information in electronic or hard copy form. We will take reasonable steps to destroy or de-identify your personal information once it is no longer needed, unless we are required by Australian law, or a court or tribunal order, to retain it.

5. Purposes for which Eureka collects, holds and discloses personal information

Personal information collected will be used for the following primary purposes:

  1. For the purposes for which it was collected (as advised in this Privacy Policy).

  2. For the purposes stated in a privacy collection statement on a particular Collection Channel.

  3. To send you any technical, administrative or legal notices important to our Websites.

  4. To choose contestants and participants for our Productions.

  5. To consider any program proposal you wish to submit for our evaluation.

  6. To maintain our relationship with you.

  7. To share personal information with Eureka group companies, our promotional partners, television networks and their related bodies corporate, Production audiences, and other trusted third parties in the manner described below.

  8. Any other purpose as may be deemed reasonably necessary by Eureka in the circumstances.

For the purposes described above, personal information may be shared with Eureka group companies, Eureka promotional partners, television networks and their related bodies corporate, Production audiences, and other trusted third parties (and their directors, servants and agents) either in Australia or overseas, including, but not limited to, the United States of America and the United Kingdom. Failure to provide personal information may result in Eureka declining your Application to appear in a Production, and/or being unable to provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).

Eureka recognises the trust with which you provide personal information, and except as stated in this Privacy Policy or as is otherwise lawful, such information will not be used or disclosed for any other purposes without consent. However, Eureka reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Eureka, any member of the Eureka group, or any member of the public, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

6. How do we use and disclose your personal information?

The personal information collected by Eureka is used to enable Eureka to assess your suitability for participating in Eureka’s programming. 

Eureka may need to disclose some personal information about you in certain circumstances to third parties. For example, to service providers we engage and to the proposed broadcaster and distributor of Eureka’s programming.  We will require these organisations to agree to comply with this Policy and with strict conditions governing how personal information is to be handled. 

Eureka will only disclose personal information in accordance with this Policy, if required to by law or as permitted under the Privacy Act.  For example, if we are legally required to do so (such as pursuant to a court or tribunal order or under taxation laws), if there is a serious threat to an individual’s health or safety, there is reasonable suspicion of unlawful activity, for the conduct of surveillance and intelligence gathering by an enforcement body, or to assist in locating a missing person.

Eureka may use de-identified information for its own marketing and promotional services.

7. Access to and Changing your Information 

You have the right to seek access to information that Eureka holds about you. You also have the right to ask us to correct information about you, which is inaccurate, incomplete or out of date.  You may access the information that Eureka may have collected about you by placing your request in writing and sending it to us using the contact details below. Please include your phone number and enclose a copy of a form of identification such as a current driver's license or passport with your request.

Eureka’s policy is to consider any requests for access or correction within 28 days of receipt. If we are unable to correct your information, we will provide to you within a reasonable period a written notice setting out the reason, and the complaint mechanisms available to you.

Lou Collins, Eureka Privacy Officer

Eureka Productions Pty Ltd

Level 2, 67-69 Chandos Street

St Leonards

Sydney, NSW, 2065

8. Making a complaint

If you are not satisfied with how we have handled your personal information, please contact Eureka’s Privacy Officer via the details listed above.

You can also lodge a complaint with the Federal Privacy Commissioner. For more details on how to do this, please visit www.privacy.gov.au.

6. Information Security

Eureka will ensure that it takes reasonable commercial steps to keep secure any information that we hold about you. Eureka has security measures, proprietary data protection algorithms, in place to protect the loss, misuse and alteration of the information under our control. 

From time to time, we may also need to transfer your information overseas. For example, we may store your personal information in a cloud, or other type of networking electronic storage which is based in a jurisdiction outside Australia. If we do this, Eureka will ensure reasonable steps are taken so that the overseas recipient does not breach the Privacy Act 1988 (Cth), or the Australian Privacy Principles in relation to that information or adheres to laws substantially similar to Australian privacy laws. Eureka will also take reasonable steps to prevent unauthorised access and reduce the risk of disclosure to unknown entities.

8. Online Privacy Considerations 

Other matters specific to Eureka’s collection and use of personal information online are set out below. 

i. Cookies. For each visitor to our websites, our server may automatically collect information about your session. Most web browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt or refuse cookies. Note that if you disable cookies, you may not be able to fully enjoy Eureka’s websites. 

ii. Social Media. Eureka’s websites may contain links to online forums such as Facebook and Twitter. Think carefully before you post or publish any personal information in these forums as it may be publicly available. 

iii. Links to other websites. Sometimes Eureka’s websites will contain links to third party websites or services. We recommend that you review the privacy policies of each third party website or services you visit because Eureka is not responsible for privacy practices of those sites.