XVENTURE FAMILY CHALLENGE ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS (INCLUDING PRIVACY)

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOU AND YOUR FAMILY TEAM MEMBERS’ RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS CAREFULLY.

 

You must indicate your acceptance of the below Terms and Conditions on behalf of yourself and your Family Team Members (after having communicated these terms to your Family Team Members where “Family Team Members” are those team members named in the Contestant Application) by checking the box signifying your agreement and the agreement of the Family Team Members if you wish to apply to be considered for the “XVenture Family Challenge NZ”.

I, the Team Captain, named in the Contestant Application, agree (on behalf of myself and my Family Team Members, collectively the “Family Team” or “We” or “Our” or “Us”) with XVenture Pty Limited (“XVenture”) the Format Owner and Producer, that in consideration for XVenture’s labour and expense in making arrangements relating to our participation in the television Programme “XVenture Family Challenge NZ” (also referred to as the “Programme”) and the opportunity provided to us to potentially appear in or in association with the Programme, hereby agree to the terms and conditions below:

  1. Myself and all the Family Team Members are at least 11 years of age and over, with 2 members between 12 years of age and up to and including age 16 years of age (as at the date of application) and are either (a) a New Zealand citizen or resident of New Zealand; or (b) an Australian citizen or a resident of Australia, and are all related to each other as an immediate family, which includes spouses, grandparents, parents, children, and grandchildren whether by blood relations, marriage, past marriages, remarriage, civil union, adoption, co-habitation, partnership and will supply (where requested by XVenture) a copy of any birth certificates, passports or such other documentation as XVenture may require to confirm such.

  2. Neither I nor any of the Family Team Members’ or Our immediate family or anyone living in our households are or have been within the last two (2) years an employee, officer, director or agent of any of the following:

    1. XVenture Pty Limited or any of its associated entities; or

    2. Ecostore Company Limited or any of its associated entities; or

    3. Huckleberry Farms or any of its associated entities; or

    4. Chantal Organic & Natural Wholesalers Ltd or any of its associated entities; or

    5. Eagles Nest or any of its associated entities;

    6. MediaWorks TV Limited and/or MediaWorks Radio Limited its affiliated entities, or any television and/or radio station owned and operated by MediaWorks, which include the following brands to date: TV3, FOUR, The Edge, The Rock, More Fm, The Breeze, Mai Fm, Radio Live, George Fm, The Sound, Magic and Scout (“MediaWorks”); or

    7. Broadcasters in Australia – Free to Air or Subscription based; or

    8. Australian Radio Network

  3. If selected as participants in the Programme, I and all Family Team Members will execute all waivers and release agreements required by XVenture and any of their respective licensees, successors or assigns including but not limited to the right for XVenture and its nominees to record and exploit any footage of our participation in the Programme for use in all media worldwide in perpetuity.

  4. I warrant to XVenture that I and all Family Team Members will be available and will attend auditions as well as recordings of the Programme on the dates and at the locations as agreed with XVenture. I warrant that I and all Family Team Members are willing to travel for any auditions (if required) and are also willing to travel to locations within New Zealand for the recordings of the Programme as required by XVenture.

  5. I hereby give (on behalf of myself and Family Team Members), the following representations, warranties, acknowledgements, consents and releases to XVenture:

    1. The Family Team hereby represent, warrant, acknowledge and agree that:

      1. All the Family Team Members have read and agree to be bound by these terms and eligibility requirements;

      2. We will abide by the rules, regulations, terms and conditions (the “Rules”) of the Programme and will accept the decision of XVenture as final and We hereby acknowledge that the interests of the Programme shall override those of any participant or Family Team;

      3. I and/or my Family Team Members have completed the application and will complete all other forms associated with the Programme honestly and accurately and agree that the answers and information supplied in such forms and otherwise to XVenture will be in no way misleading. I and/or my Family Team Members furthermore acknowledge that XVenture reserves the right exercisable at any time in its sole discretion to disqualify myself or any members within my Family Team from the game show, Programme or auditioning process should I or any Family Team Members, at any stage supply untruthful, inaccurate or misleading personal details or information, break the Rules or otherwise be in breach of these terms and agree that such disqualification may result in forfeiture of any Programme prizes or prize monies;

      4. XVenture has no obligation to select my Family Team for the Programme;

      5. Even if my Family Team is selected to participate in the Programme, XVenture has no obligation to record Our involvement in the Programme and MediaWorks and any other broadcaster who is a licensee of the Programme has no obligation to broadcast Our involvement in it;

      6. All decisions by XVenture concerning selection of the participants is final and not subject to challenge or appeal;

      7. XVenture has no obligation to return any materials submitted by me or any Family Team Members as part of the application whether or not any of Us are selected to participate; and

      8. Neither myself or any Family Team Members have or will enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of Our appearance in the Programme;

      9. The Family Team undertakes to disclose to XVenture details of any arrests, offences or convictions, including but not exclusive of any driving or traffic related offences or convictions (such as driving with excess blood alcohol) of either the Family Captain or Family Team Members. The Family Team Members consent to XVenture making such enquiries it considers necessary, including police checks. The Family Team shall notify XVenture immediately if there are any criminal charges brought against the Family Captain or Family Team Members or if any information provided by the Family Team becomes inaccurate up to and including the date of transmission of the Family Team’s appearance on the Programme.

    2. By submitting the Contestant Application:

      1. It is acknowledged and agreed that XVenture’s labour and expense in making arrangements relating to Contestant Application for the Programme and the opportunity provided to potentially appear in or in association with the Programme, (the “Benefits”) include full and final consideration for all attendance at any and all activities as required by XVenture in connection with the Programme. It is also acknowledged that no fees will be payable in respect of any use by XVenture or their respective assignees or licensees of the Programme or any part thereof (including in relation to our appearance), and that the Family Team participates in the Programme accepting that they may not win any prizes. XVenture’s decision around any Programme prize is final;

      2. XVenture 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”) shall not be liable to the Family Captain or Family Team Members for any loss or damage or injury to Us or Our property caused by or suffered during or in connection with Our taking part in the Programme except where caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment;

      3. The Family Team agree not to disclose to any third party or any other persons any information relating to the Programme (or its outcome) or the affairs of XVenture (or any respective assigned company), which may come to Our knowledge during or in connection with Our participation in the Programme;

      4. The Family Team agree that they will not say anything derogatory about the Programme, Programme sponsors, XVenture or anything likely to bring the Programme, Programme sponsors, XVenture and any of the wider MediaWorks brands into disrepute;

      5. The Family Team agree that We will not publicise or discuss with any third party without prior written consent from XVenture any information relating to the Programme, Our appearance in the Programme, any of the production team or any participants in the Programme nor any other information which may come to Our attention relating to XVenture or otherwise connected to the Programme save for such information which is already public knowledge. Should any member of the Family Team be contacted by a member of the press at any time We agree to refer them to XVenture or such person as XVenture may nominate;

      6. The Family Team agree to grant the rights hereunder whether or not the Family Team is selected to participate in the Programme in any manner whatsoever;

      7. The Family Team will at the request of XVenture, 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.

6. Jurisdiction and Enforceability:

  1. 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.

  2. We agree and acknowledge that Our sole remedy for any breach of these terms and requirements is an action at law for damages (if any), and that We 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. We agree that this provision is fundamental to this agreement.

  3. 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.

 

Privacy

XVenture deals with the collection, security, quality, use and disclosure of personal information in accordance with applicable privacy laws and the Privacy Statement below.

 

Privacy Authorisation and Consent

  1. We hereby authorise XVenture and any person designated by XVenture to investigate, access and collect information about Us. We irrevocably authorise XVenture and any person or entity designated by XVenture to secure information from Our associates, friends, family members, educational institutions and any references We have provided, and We irrevocably authorise such parties to provide information concerning Us providing such provision of information complies with all relevant laws. We hereby unconditionally and irrevocably release and forever discharge XVenture, the persons or entities designated by XVenture, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. We specifically authorise investigation of our employment records, medical records and government records and criminal records unless prohibited by law. We acknowledge and agree that any such information obtained XVenture or by any person or entity designated by the XVenture 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 television Programmes, and may be described or otherwise related in and in connection with the Programme.

  2. Without limiting the forgoing, We authorise and consent to the use of Personal Information as defined under applicable privacy laws given to XVenture or collected by XVenture under the terms of this agreement in determining Our 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 Our 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 We agree that there will be no restrictions on the use of Personal Information relating to Us that is contained in the recording of the Programme. Personal Information provided to XVenture may also be disclosed to:

    • XVenture’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.

 

Privacy Statement

We acknowledge and agree that Our participation as an applicant, at an audition or as a participant in the Programme is subject to the following:

Collection and use of Personal Information

  • Personal Information provided by Us is collected for the purpose of considering Our application for inclusion as a participant on the Programme. Information supplied by Us must be correct and particularly XVenture requires Our full and correct names. If We have failed to provide accurate information, We acknowledge and agree that the XVenture may decline to allow Us to appear on the Programme.

  • In addition, if We participate in the Programme, We agree that there will be no restrictions on the use of personal information relating to Us that is contained in the recording of the Programme (‘the Programme Tapes”).

 

Disclosure of Personal Information

  • Information provided by Us to XVenture may be disclosed to:

    • XVenture’s related bodies corporate in New Zealand and overseas;

    • Any Programme prize supplier to XVenture 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.

 

Storage of Personal Information held by XVenture

  • If We are selected as a participant for the Programme, the personal information relating to Us will be held for an indefinite period of time in a secure manner for as long as necessary.

  • If We are not selected as a participant for the Programme, the personal information relating to Us 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.

 

Access to Personal Information held by XVenture

  • We acknowledge that We have the right to request access to personal information held by XVenture which relates to us in accordance with this application. If the personal information held by XVenture is inaccurate We have the right to request it to be updated in accordance with XVenture ‘s privacy policy and applicable privacy laws.

 

  • We acknowledge that these T&Cs may be subject to change. We will bring any changes we make to your attention.

 

 

(Last Updated 27/03/2018))

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Terms & Conditions

© XVenture 2018