Ref: CUS
GENERAL PARTICIPATION TERMS AND CONDITIONS
Scope
General Participation Terms and Conditions
1. Participation
2. Charges
3. Eligibility
4. Age Restrictions
5. Consent
6. Restrictions on what you can submit
7. Your Application
8. Your Content
9. Image Rights
10. Cancellation
11. Contacting You
12. Your Details
13. Miscellaneous
14. Liability
Scope
These terms and conditions (the Participation Terms) apply to all persons who contact AFC Bournemouth Limited (the Provider, we, our, us) or any of our sub-contractors, agents or representatives about appearing in any of our programmes (whether applying for themselves or nominating someone else) or when such persons submit comment(s) or other material such as photographs, videos or comments (Content) to one of our interactive services including, but not limited to, our website, apps or social media accounts including, but not limited to, Facebook, Twitter, Instagram, Snapchat, LinkedIn, Youtube and Googleplus. Such persons shall be referred to as you or your (as applicable) throughout these Participation Terms. It will also include when you post any content on a third party site, such as Facebook or Twitter, in response to an invitation from us.
Any additional terms and conditions stated in any material also apply to your application, submission or participation including the Provider's General Competition Terms and Conditions and any other terms and conditions stated in the application form, on-air announcement, online promotion or social promotion (Specific Participation Terms). To the extent that there is any inconsistency between these Participation Terms, the General Competition Terms and Conditions and any Specific Participation Terms, then the Specific Participation Terms will prevail, followed by the General Competition Terms and Conditions, followed by these Participation Terms, to the extent of such inconsistency.
Any reference to your submission or similar is a reference to the Content you submit under these Participation Terms.
By contacting us about appearing in a programme or by submitting Content to us you agree to be bound by these Participation Terms and any Specific Participation Terms. You also agree that you will comply with the terms of use of any third party platform that you are using to contact us and/or to submit Content including, but not limited to, the terms of use of social media platforms such as Facebook and Twitter.
1. PARTICIPATION
1.1. You must follow any instructions given in the Specific Participation Terms.
1.2. Unless otherwise stated in the General Competition Terms and Conditions or the Specific Participation Terms, you may apply or submit Content as many times as you wish. We will not return your application or Content to you so we recommend that you send copies rather than original material.
1.3. Any opening and closing dates will be as stated in the Specific Participation Terms. We may change these dates and any subsequent recording or other attendance dates at any time in our sole discretion.
2. CHARGES
2.1. Any applicable charges are as stated in the Specific Participation Terms. If charges apply, any entrant must have the permission of the bill payer before taking part. Please note that internet service provider’s and/or mobile network operator’s fees may apply. You must pay sufficient postage when using post. We will not provide refunds of the cost of participating.
2.2. Unless otherwise stated, you or your nominee (as applicable) are solely responsible for any costs in connection with participation in an interactive service or programme.
3. ELIGIBILITY
3.1. Unless otherwise stated in the Specific Participation Terms, you must be a resident of the United Kingdom, the Channel Islands or the Isle of Man and be currently living in the United Kingdom, the Channel Islands or the Isle of Man.
3.2. In order to participate, you must not:
3.2.1. be employed by the Provider or any of its group companies or be professionally associated with us, the programme or the interactive service; or
3.2.2. be a live-in partner or immediate relative of an employee of the Provider or any of its group companies.
3.3. In addition to the above, you must meet any additional eligibility requirements specified by the Specific Participation Terms.
3.4. Where applicable, you agree to make yourself available as we require for any assessments (including, but not limited to, medical assessments), auditions, filming and/or promotional activity with respect to the programme or show. The time slots proposed are subject to change at any time at the Provider's sole discretion.
4. AGE RESTRICTIONS
4.1. Unless otherwise specified in the Specific Participation Terms, you must be aged 18 years old or over at the time you submit the Content.
4.2. Where the Specific Participation Terms permit, persons under 18 years old may participate, apply, nominate or submit Content, provided that the person under the age of 18:
4.2.1. has their parent or legal guardian’s permission to take part. We reserve the right to ask for your parent or guardian’s details and you agree that we may contact your parent or legal guardian to check that they have given permission; and
4.2.2. is accompanied by a parent or legal guardian to any event and/or any programmes or other services required by us. Proof of age and identity of both you and your parent or legal guardian may be required.
5. CONSENT
5.1. If you are contacting us on behalf of another person you confirm that you have the consent of that person to do so.
5.2. If you are nominating another person to take part in a programme or interactive service, you confirm that you have their explicit consent (or the consent of their parent or guardian if they are under 18 (eighteen)) to do so.
5.3. By submitting Content you confirm that you have all the relevant rights and consents required to allow us, and any parties associated with us or the programme, to use that Content.
5.4. Where your Content contains the name or image of any other person or people you confirm that you have the consent of all those people to submit the Content, or the consent of their parents or legal guardians if they are under 18 (eighteen) years old.
6. RESTRICTIONS ON WHAT YOU CAN SUBMIT
6.1. Any Content, application or material you submit must not contain any material that is in any way defamatory, obscene, unlawful, offensive or inappropriate or that would constitute a contempt of court or expose us to any civil, criminal or football regulatory proceedings.
6.2. Any Content, application or material you submit must not contain anything that may have the effect of being harassing, threatening, abusive or hateful or which degrades or discriminates against an individual or group of individuals on the basis of religion, gender, sexual orientation, race, disability or any other legally protected characteristic.
6.3. Your application or Content must not contain anything that infringes the rights of any third party and must not include or contain any third party content such as music, third party trademarks, logos, photographs, artwork or sculpture unless you have prior consent from the owner. We reserve the right to reject an application or Content that contains third party content.
6.4. You agree not to submit files that contain viruses or other harmful programs.
7. YOUR APPLICATION
7.1. Where applicable, you agree to being filmed and/or recorded at any stages of the relevant programme recruitment.
7.2. You agree that we may use any recordings we take as we see fit, including for promotional purposes or in the programme. You hereby irrevocably grant and assign to us all rights, title and interest in such recordings so as to permit the fullest use throughout the world of such recordings (including parts of or snippets of), by any and all means in all forms of media and in perpetuity.
7.3. You irrevocably and unconditionally waive, in respect of your contribution, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.
7.4. You agree that we may edit, copy, adapt or translate any recordings we make as we see fit.
7.5. You acknowledge and agree that we may require you or your nominee (or, if you or they are under 18 (eighteen), your or their parent or guardian) to provide a signature as proof of agreement to any relevant waivers, releases and/or consents we require in order for us to use your application, Content and/or for you or your nominee to take part in the interactive service. Please note that we may still rely on the consents given by you in these Participation Terms whether or not you sign such releases, waivers or consents.
8. YOUR CONTENT
8.1. We reserve the right to use your Content as we see fit, in our sole discretion, and you confirm that you have all necessary licences, rights consents and permission to authorise the use of your Content in full and/or in part. You retain all ownership rights in your Content, although if we do select you or your Content we may ask for you to sign some or all of these rights over to us.
8.2. You acknowledge that any Content that you submit will be considered non-confidential.
8.3. By submitting Content, you grant us a transferable (including the ability to sub-licence) royalty-free licence throughout the world and in perpetuity to edit, play, reproduce, use, record, modify, encode, translate, distribute, make available to others, prepare copies of and to display your Content by any media or methods whether now known or later developed.
8.4. You irrevocably and unconditionally waive all moral rights in your Content to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.
9. IMAGE RIGHTS
You grant us the right to use your name, nickname, voice, likeness, photographs, moving picture, animation, catchphrases, statements and any biographical material concerning you, in connection with the promotion and exploitation of the relevant programme or product throughout the world in all media in perpetuity.
10. CANCELLATION
We reserve the right, in our sole discretion, to cancel the applicable programme, audition or show at any time and also reserve the right, in our sole discretion, to remove you from said programme, audition or show at any time for any reason.
11. CONTACTING YOU
You acknowledge and agree that we may contact you or your nominee (and/or your or their parent or guardian if you or they are under 18 (eighteen)) using the contact details that you or they have provided.
12. YOUR DETAILS
12.1. You agree to provide us with complete, accurate and up-to-date information about your application or Content. You agree to inform us immediately if any information in or relating to your application or Content changes. You agree to provide any further information, consents and/or assistance that we may require to carry out eligibility or other checks.
12.2. You agree that if you have anything in your past that may attract negative press or publicity you will make us aware of it at the earliest possible opportunity in order to protect your personal interests and our reputation.
12.3. You acknowledge and agree that you must let us know if you have ever been convicted of a crime, if you are the subject of ongoing criminal proceedings or investigations, or if you have any County Court Judgments or football banning orders against you. We shall be entitled to exercise our sole discretion as to whether certain convictions and/or investigations may invalidate your application or otherwise result in the termination of your participation. In all cases our decision shall be final. If you withhold information from us, and, as a result, your participation is terminated or any prize or benefit reclaimed or withheld, you agree that we may refer to the reasoning behind the termination publicly.
12.4. If we ask you to attend any recording or other events, it is your responsibility to inform us of any special assistance you may need (such as access to a wheelchair).
12.5. Any information you provide to us (including any personal data and/or sensitive personal data (as defined by the Data Protection Act 1998)) or any of our group companies will be used in accordance with our privacy policy, available here (the word "Site", used in the policy to refer to the Provider's website, should be treated as also including entry into and any information provided with respect to any application, programme, competition, prize draw, vote or poll). By applying, entering into or contacting us about a programme or by submitting Content to us you agree to us collecting and processing your personal data in accordance with that policy.
13. MISCELLANEOUS
13.1. We may change or vary these Participation Terms at any time without prior notice. Any changes will be detailed on our website. It is your responsibility to ensure you review these Participation Terms regularly to familiarise yourself with any changes. We recommend that you print and store or save a copy of these Participation Terms for future reference, and check our website regularly to ensure that you have printed and stored the most up-to-date version of these Participation Terms.
13.2. You acknowledge and agree that we may freely assign or licence these Participation Terms without your prior consent.
13.3. You are required to comply with any and all relevant laws, rules, regulations and codes.
13.4. You warrant and represent that you are eligible to participate in the relevant activity and any information you provide is neither false nor misleading.
13.5. You acknowledge and agree that by your participation in a programme or dealings with the Provider you may be partial to confidential information, data, statistics, business operations, accounts, contracts, relationships, squad information, tactics, other participants, photographs and/or material about the Provider, the relevant programme and/or competition. You agree to keep such information confidential and shall not disclose such information to any third party which comes to your knowledge as result of your participation, unless such information is already in the public domain (in the form discovered by your participation) or is required to be disclosed by law.
13.6. We reserve the right, in our sole discretion, to terminate or suspend your application and/or remove your Content and/or disqualify you from a programme and/or to withhold or reclaim any prize or award granted to you or to be awarded to you as a result of your participation if we consider that:
13.6.1. you have not complied (or your Content or application does not comply) with these Participation Terms or the Specific Participation Terms;
13.6.2. you have failed to follow our reasonable instructions or directions in relation to your participation;
13.6.3. you supply or have supplied untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us in any way;
13.6.4. you fail to meet the requirements of term 3 above.
13.7. In the event of a dispute the Provider's decision will be final.
13.8. These Participation Terms and the Specific Participation Terms are available in English only and shall be exclusively governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Participation Terms or any Specific Participation Terms their subject matter or formation.
14. LIABILITY
14.1. The Provider accepts no responsibility for any application or Content that is incomplete, incorrectly submitted or illegible. Further, the Provider accepts no responsibility for any application or Content that is incorrectly addressed, lost, not received, or is received outside of the dates stated in the Specific
Participation Terms.
14.2. You agree to indemnify us and our assigns and licensees against any and all claims, losses expenses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or non-observance by you of any of your obligations and representations in relation to your application or Content.
14.3. Nothing in these Participation Terms will limit our liability for death or personal injury resulting from our negligence or our liability for fraud or fraudulent misrepresentation. Save as set out above, we exclude all liability arising from or in connection with your application or submission of Content, to the fullest extent permissible under applicable law.
These Participation Terms were last updated on 15 December 2017.