Introduction and Definitions
This application is for consideration to be a participant in a talent search contest within a series of television programmes which Wall to Wall Media Limited proposes, but does not undertake, to produce for the BBC. By submitting an application you hereby confirm that you satisfy the Eligibility Criteria and that you accept and agree to the following Application Terms and Conditions.
The following definitions shall apply to the Application Terms and Conditions:
“Applicant/ you” shall mean anyone who applies to the Contest.
“The Broadcaster” shall mean the BBC.
“The Contest” shall mean the talent competition within the Programme, consisting of the Selection Stages and the Participation Stages as more particularly set out below.
“DVD Submission Process” shall mean the process by which DVD Submissions are made as set out under the DVD Submission Terms.
“DVD Submission Terms” shall mean the terms and conditions which govern the submission by Applicants of a DVD as an alternative method of application to the Contest and which form part of the Application Terms and Conditions.
“Eligibility Criteria” shall mean the criteria which Applicants must satisfy in order to enter the Contest and which form part of the Application Terms and Conditions and apply equally to online applications and applications via DVD submission.
“Option Agreement” shall mean an agreement between VTA and each Participant granting VTA an option to enter into certain contracts with the Participant governing the Participant’s musical/ performing abilities.
“Participant” shall mean anyone who is selected by the Producer for one (1) or more of the Participation Stages of the Contest.
“The Prize” will be a recording contract with Universal Music Ltd or VTA’s designated record company, awarded to the winner of the Contest.
“The Producer/we/us” shall mean Wall to Wall Media Ltd.
“The Programme” shall mean a series of programming produced by the Producer for the Broadcaster and provisionally entitled “The Voice”, together with all spin-off programming and/or Programme-related content created for exploitation in any and all media.
“The Voice Companies” shall mean collectively the Producer, Broadcaster, VTA, Talpa Content BV, Talpa Distribution BV or Universal Music Limited or any of their respective parent, subsidiary, affiliated or related entities.
“VTA” shall mean The Voice Talent Agency BV.
The Contest will consist of the Selection Stages and the Participation Stages:-
The Selection Stages shall consist of:
Application Process: The process by which all persons wanting to take part in the Contest can apply to participate therein. Details on how to apply are set out at:https://www.bbcthevoiceuk.co.uk/application
Open Auditions: Applicants will receive an invitation to attend an Open Audition. Applicants who are unable to attend an Open audition may apply via a DVD Submission.
Call-Backs: The Producer may select certain Applicants to attend a Call Back Audition, following which a final decision will be made as to which Applicants will be selected for the Participation Stages.
The Participation Stages shall consist of:
The Blind Auditions, The Battles and Live Finals.
Further details about each Participation Stage are set out at: http://thevoiceuk.blogspot.com/2011/10/what-is-voice-uk.html
Each of the Participants selected for the Battles and/or the Live Finals will be required to enter an Option Agreement as a condition precedent of taking part in the next stage of the Contest and participating in the Programme. The Prize will be a recording contract with Universal Music Ltd or VTA’s designated record company
The Producer and/or Broadcaster has the right at any time, in its absolute discretion, to change, extend, cancel or curtail the Application Process or any subsequent stage of the Contest, including without limitation the structure, content, rules, dates or locations thereof, as it sees fit.
1. Age: In order to apply for the Contest, you must be at least 16 (sixteen)years of age on 31st August 2011 (“the Minimum Age”). All Applicants who meet the Minimum Age, including persons who are significantly older than the Minimum Age are welcome and encouraged to apply. All Applicants who meet the Minimum Age requirement but are younger than 18 (eighteen) years of age on 31st August 2011 (“Minor Applicant”) must ask their parent/ legal guardian to complete the Parental Consent form attached to the Application Terms and Conditions. All Minor Applicants who are still under 18 (eighteen) years of age at the date of the Minor Applicant attends an Open Audition, must ask their parent/ legal guardian to complete the Parental Consent form attached to the Release Form (see Clause 16 of the Application Terms and Conditions). Minor Applicants who are invited to attend a Call-Back and are still under 18 (eighteen) years of age at the date the Minor Applicant attends the Call-Back, must fulfil the same obligations in relation to the Release Form for the Call-Back. Minor Applicants must bring along to the Open Audition a hard copy of the Parental Consent for both the Application Terms and Conditions and the Release Form. Each such Parental Consent Form must be signed by the parent/ legal guardian of the Minor Applicant and submitted by the Minor Applicant to the Producer at the Open Audition. If a Minor Applicant is unable to attend an Open Audition and wishes to apply via DVD submission, please see the DVD Submission Terms for the terms applying to Parental Consent for DVD submissions. The Producer has the right at any stage to check the validity of any Parental Consent required or submitted hereunder and/or to require proof from the Participant of his/ her eligibility to work in the UK (“Work Eligibility”). Should any Minor Applicant fail to produce satisfactory evidence of Parental Consent or Work Eligibility or be found to have produced a Parental Consent or proof of Work Eligibility which is faked or invalidly executed, the Producer may in its absolute discretion refuse the Minor Applicant entry into the Open Audition or at any time disqualify the Minor Applicant from the Contest.
2. Domicile: You must have the right to live and work in the UK and be able to demonstrate that you have this right on request by the Producer at any time and you agree to notify the Producer immediately of any change in such status or entitlements.
3. Impropriety: You are not eligible to apply to enter the Contest if you or any of your close family members (spouse, ex-spouse, parents, siblings, children or step-children) or co-habiting partner are/is (i) an employee of any of the Voice Companies; or (ii) substantively involved with the development, production, distribution or other exploitation of the Programme or the Contest and such connection (as set out in sub-clauses (i) – (ii) above), would in the opinion of the Producer, in its absolute discretion, create the appearance of impropriety or unfair advantage with regard to the Contest. You are obliged to disclose any such connections in the Application Form.
4. Health: You understand and acknowledge that the Contest may be physically and mentally demanding and that you will need to be in a sufficiently robust state of physical and mental health in order to participate. All Applicants who believe they meet this criterion, including people with disabilities, are welcome and encouraged to apply. If you are selected as a Participant in the Contest, you may be required to undergo a medical examination by a qualified medical professional selected and paid for by the Producer, in order to confirm that you meet all physical and psychological requirements.
5. Contractual Arrangements: You must be able to demonstrate that from the time you are selected as a Participant in the Contest you are not bound by or subject to any type of contract which would prevent you from fully participating in the Programme or from entering into a recording agreement with VTA (or its designee)("the Recording Agreement") and that no such contract will come into force during your participation in the Contest and/or Programme. You will be asked as part of the application process to make a full disclosure of the existence of all contractual arrangements relating to your talents (for example a recording, artist management, agent representation, merchandising or publishing deal)which you have previously entered into or may come into force on or at any point after the date of application. The existence of any such contractual arrangement shall not necessarily preclude your participation in the Programme. However, the Producer reserves the right in full and proper consultation with the Broadcaster and VTA to refuse entry into or disqualify any Applicant from the Contest, if the Producer determines in its absolute discretion that any such contractual arrangement might prevent the Applicant from participating in the Programme or entering into the Recording Agreement.
6. Criminal Record: You must disclose in your application details of any criminal convictions and/or unspent convictions other than driving offences which have not resulted in a ban or a more serious sentence. If selected as a Participant in the Programme, you shall notify the Producers immediately if there are any criminal charges which have been brought or are threatened to be brought against you on or after the date of your application or if any information you provide in your application becomes inaccurate between the date of your application and the transmission of the final episode of the Programme. All Applicants who are selected for the Participation Stage of the Contest may also be subject to the appropriate background checks.
7. Ability to Travel/ Expenses: If as a result of your application you are selected as a Participant in the Contest, you must be willing to travel at your own expense to any location within the UK where the relevant stage of the Contest is taking place as notified to you by the Producer. The estimated dates for each stage of the Contest are as follows:-
Open Auditions: 31st October 2011 to 26th November 2011;
Blind Auditions: 8th January 2012 to 29th January 2012;
Battles: 20th February 2012 to 4th March 2012; and
Live Shows: 9th April 2012 to 2nd June 2012.
You will be notified of the locations for each stage of the Contest as soon as reasonably practicable. You will be responsible for paying all expenses relating to the Open Auditions, including without limitation travel, subsistence and accommodation. If you are selected as a Participant in the Blind Auditions, Battles or Live Shows, pre-approved economy travel and accommodation will provided and paid for by the Producer. You will be responsible for all other expenses related to the Blind Auditions, Battles and the Live Shows. The Producer reserves the right to change the date and location of any stage of the Contest at its discretion, but will endeavour to inform you of any such change as soon as reasonably practicable.
8. Changes: The Eligibility Criteria may be amended, revised or changed at any time and in any fashion in the Producer’s sole discretion.
10. Purpose: You agree to use the Website only in accordance with the purpose and instructions set out on the Website and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit or transmit the Website including without limitation your application or any other information or material submitted by you or any other Applicant via the Website. In addition, you agree not to disrupt or try to disrupt the Website or to use the Website to distribute viruses or other harmful programs, or to use the Website to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to the Website by others.
11. Application Close Date: The Producer reserves the right to suspend the Application process at any time, but in any event applications made with reference to Open Auditions at a specific location outside of London will close by midnight on Monday 24th October 2011 (“Close Date”) and all other applications will close by midnight on Saturday 19th November 2011. Any applications not received by the Close Date for this series may be considered for the next series and/or as reserves. Whilst we will make every effort to ensure that all Applicants receive an invitation to attend an Open Audition, we do not guarantee that every Applicant will receive such an invitation or an audition or participate in the Programme and/or Contest.
12. Service: The Application function on the Website and any related service (collectively “the Service”) is provided on an 'as is' and 'as available' basis. We do not guarantee that the Service will operate efficiently or be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Service is suspended, discontinued, modified or changed in any way.
13. Copyright: All copyright, trademarks and other intellectual property rights in the Website are vested in the Producer or its licensees. Nothing set out in these terms and conditions shall be construed as granting any licence of any copyright, trademarks or other intellectual property to you or any third party. By uploading your application you grant to the Producer and its licensees permission to use, edit and modify the information in the application, subject to Clause 20 below, for the purpose of processing your application.
14. Liability: You are solely responsible for paying all expenses you may incur when you access or use the Website including without limitation your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and facilities you need to connect to and use the Website. Neither the Producer nor the BBC is responsible if your own equipment or software is not compatible with the Website. Without limiting the generality of the foregoing, neither the Producer nor the BBC accepts any liability for:
any damage to your computer or software or for any loss of data that results from your use of the Website;
any technical failure, malfunction, suspension and/or any termination of the Service or Website which may result in any Application not being properly received or recorded or any alleged loss of opportunity or future earnings which might result therefrom;
any claims brought against you by a third party; and/or
any indirect, special or consequential loss or damage arising from your application, the use of the Service and/ or the Website , including, without limitation loss of profits, loss of data, loss of anticipated earnings and loss of contract, however caused.
15. Producer’s Decision: The Producer shall have the right to refuse entry into the Open Auditions or disqualify any Applicant/ Participant who in their absolute discretion fails to satisfy any of the Eligibility Criteria or is otherwise in breach of these Application Terms and Conditions. The decision as to which Applicants will be selected and/ or invited to attend any stage of the Contest (and the time and location of any stage of the Contest, including without limitation the Open Auditions and Call-Backs) shall be in the sole discretion of the Producer whose decision in all matters relating to the Contest will be final and binding. The Producer reserves the right at any point after an Application has been received to remove or disqualify an applicant at its discretion from the Contest.
16. Audition Release Forms: In the event that you attend an Open Audition or Call-Back you will be required to sign a release form (“the Release Form”), whereby you will grant all consents necessary for the Producer to film and record such audition and to use recordings featuring your image and/or voice in connection with the Programme and/or ancillary rights in the Programme and to exploit the same in all media throughout the world in perpetuity without the need for payment to you. You must read through the Release Form before you attend the Open Audition and if relevant, the Call-Back and ensure that you understand its contents. You acknowledge that you understand terms and conditions of the Release Form and the style, nature and format of the Programme and that we reserve the right to show all auditions whether successful or unsuccessful. Applicants attending an Open Audition and/ or Call-Backs are requested to print off and submit a signed copy of the Release Form to the Producer at the Open Audition/ Call-Backs.
17. Programme Contract: Should you be selected subsequent to the Open Audition to take part in the Blind Auditions you will be required to sign a further contract with the Producer setting out the terms and conditions of your participation in the Programme (“the Programme Contract”). Such Programme Contract will incorporate inter alia the rules and regulations for the Contest and Programme as determined by the Producer (“the Rules”). You agree to abide by the Rules and acknowledge the Producer’s right to change the Rules verbally or in writing at any time in its sole discretion.
18. Truthful Information: You hereby warrant in submitting your Application that you have read, understand and satisfy the Eligibility Criteria and that all personal details and/or information given in your application either in this form or otherwise are truthful, accurate and in no way misleading and the Producer reserves the right to disqualify you if you have supplied untruthful, inaccurate or misleading personal details and/or information, have failed to abide by the Eligibility Criteria or Rules and/or are in breach of any of the terms hereof.
19. Confidentiality: You will not without the Producer’s prior written consent disclose, publish or discuss with any third party any information which may come to your attention relating to the Programme, the Producer, the production team, the Broadcaster or any Participants in the Programme, or your application or potential involvement in the Programme, other than the fact of your Application or where such information is already in the public domain.
20. Data Protection: We operate a data protection policy and will carry out our obligations in this respect. The information you provide about yourself on the Application Form and as part of the application procedure will be used by the Producer to assess whether or not to select you as a Participant the Programme. If you are successful, any of this information which is not of a sensitive nature may be used in connection with the production and promotion of the Programme. By submitting this application form you consent to any information you provide, including without limitation any sensitive personal information, being used for these purposes. We may use the information you provide to verify your age and identity and to carry out background checks with law enforcement and government agencies. We may share your information with the Voice Companies as part of the selection process and in connection with the production and promotion of the Programme. If you have any questions regarding our use of your personal information or if you would like to update your information because your details have changed, please contact
These Terms and Conditions govern DVD Submissions made by an Applicant for consideration as a Participant in the Contest within the Programme. Unless specifically defined in these DVD Submission Terms and Conditions, all capitalised terms used herein shall have the same meaning as ascribed to such terms in the Application Terms and Conditions. By making a DVD Submission, you hereby confirm that you agree to the following terms and conditions:-
22. Application Terms: Subject to the following terms, the Eligibility Criteria and Application Terms and Conditions will continue to apply to each application via DVD Submission. You hereby acknowledge and confirm that you satisfy and will abide by the Eligibility Criteria and have read, understand and agree to the Application Terms and Conditions including these DVD Submission Terms.
23. Minor Applicants: Minor Applicants making an application via the DVD Submission Process must obtain a validly signed Parental Consent to the Application Terms and to send it in to the Producer as part of their DVD Submission.
24. DVD Submission Process: Applicants are encouraged to attend an Open Audition and should only use the alternative DVD Submission Process in circumstances where they are unable to attend an Open Audition on the dates or at the locations notified to them by the Producer. Details on the DVD Submission Process, including advice on the length and content of the Recorded Audition and the format in which it should be submitted are set out at the FAQ’s sheet on the Website. DVD Submissions must also comply with the DVD Content Requirements set out below.
25. Purpose: Whilst we intend to review all DVD Submissions for consideration as a potential Participant in the Contest, we do not guarantee that we will respond to your DVD Submission and we reserve the right to withdraw/ cancel the DVD Submission Process, in our absolute discretion, for any reason and at any time. DVD Submissions will not be returned to Applicants but subject to Clause 30 will be processed in accordance with the Data Protection provisions set out under the Application Terms and Conditions and/or destroyed following completion of the Programme. If your application via DVD Submission is successful, we may invite you to a Call-Back in order to decide whether you are suitable to progress to the Participation Stage of the Contest. The Producer shall retain absolute discretion in relation to whether any Applicant who has applied via DVD Submission should progress in the Contest and the Producer’s decision in this respect is final and binding.
26. Producer’s Rights: Subject to Clause 30 below, you must not use the DVD Submission (or any part of it) for any purpose other than your application to the Voice. By making the DVD Submission, you hereby grant to the Producer the irrevocable exclusive right to access, review, assess, edit, alter and adapt and distribute the DVD Submission for the purposes of assessing whether you are a suitable candidate for the Contest. Whilst you will retain copyright in the DVD Submission, you may not in any way use, distribute, exploit, commercialise or attempt to sell the DVD Submission in any medium or on any platform from the date of its creation, nor shall you grant any such rights to a third party until three (3) months after first transmission of the last episode of the Programme (“the Holdback Period”). Without limiting the generality of the foregoing, you may not at any time during the Holdback Period directly or indirectly charge others for accessing, viewing or listening to the DVD Submission. Should you decide to exploit (or licence the exploitation) of the DVD Submission after the Holdback Period has expired, you will be responsible for obtaining clearance of and paying for all third party rights in the DVD Submission for the relevant uses and will indemnify and hold harmless both the Producer and the BBC in respect of any such use.
27. Moral Rights: With regard to the DVD Submission, your Application and any other material you may submit to the Website or the Producer, you hereby irrevocably and unconditionally waive the benefits of any provision of law known as "moral rights" (including without limitation any rights of Individual under Sections 77 to 85 inclusive of the Copyright Designs and Patents Act 1988) or any similar laws of any jurisdiction.
28. DVD Content Requirements: You hereby warrant that the DVD Submission complies with the following DVD Content Requirements:
the vocal performance featured in the DVD Submission must be the a capella vocal performance of the Applicant alone and not in any way enhanced by the addition of backing vocals or any other technical process applied
it must not contain material which is obscene, pornographic, violent, discriminatory, offensive, defamatory or threatening or which encourages or promotes terrorism or illegal activity;
it must not mention or contain performance of any copyright material not owned or controlled by the Applicant including but not limited to music (other than the copyright subsisting in the lyrics or music performed), literary, film or other audio-visual material;
it must not contain any third party owned trademarks, logos, patents or artwork such as photographs, artwork or sculpture;
it must not submit the Voice Companies or any person working for those organisations, or any member of the production team or other applicant to the Programme, to derogatory treatment;
it must not suggest any endorsement or approval of any commercial product or service (for instance, a personal website) other than the Programme;
you must be entitled to submit make the DVD Submission for the Contest and for the purposes set out hereunder and there are no rights, liens, encumbrances or contractual term, restrictions or obligations which apply to the DVD Submission and which would in any way affect your entitlement to do so or affect the rights which you grant to us under these Application Terms and Conditions including without limitation under Clause 30 below.
it is a true recording of the Applicant alone, is in no way fraudulent or has in no way been enhanced or manipulated so as to be misleading as to the Applicant’s vocal talent.
29. Liability: You are solely responsible for paying all expenses you may incur when you make your application via DVD Submission including without limitation the cost of any postage and packaging, together with all costs of the equipment and facilities you need or use in connection with the DVD Submission. Neither the Producer nor the BBC is responsible for the safekeeping of will not return your DVD Submission (or any part thereof) to you. Without limiting the generality of the foregoing, neither the Producer nor the BBC accepts any liability for:
any damage to your DVD Submission;
any failure on our part or the part a third party to receive, respond to or consider your DVD Submission;
any claims brought against you by a third party except as stated in these DVD Submission Terms; and/or
any indirect, special or consequential loss or damage arising from your application via DVD Submission, including, without limitation loss of profits, loss of data, loss of anticipated earnings and loss of contract, however caused.
30. Further Use: We do not intend to use the DVD Submission for any purpose other than to assess whether or not you are suitable candidate for the next stage of the Contest. All applications via DVD Submission will be processed in accordance with the Data Protection provisions set out under the Application Terms and Conditions. If you progress to the Participation Stage of the Contest and we wish at any Stage to use your DVD Submission in the Programme, we shall inform you in advance and you will have the right to raise reasonable objections to such use. If you raise no objection or if any objections are resolved to our mutual satisfaction, you agree to grant us a royalty-free licence under copyright to use and exploit the DVD Submission in any and all media for the full period of copyright and any extensions thereof, including without limitation the right to incorporate the DVD Submission in the Programme and any ancillary exploitation thereof, subject to the Producer clearing and paying for any third party rights subsisting in the DVD Submission and for such purposes you warrant that the DVD Submission complies with the DVD Content Requirements.
31. Changes: The DVD Submission Terms may be amended, revised or changed at any time and in any fashion in the Producer’s sole discretion.
PARENTS/ GUARDIANS OF MINOR APPLICANTS SHOULD PRINT OUT THE APPLICATION TERMS AND CONDITIONS AND SIGN THE PARENTAL CONSENT CLAUSE BELOW. MINOR APPLICANTS NEED TO BRING THIS PARENTAL CONSENT WITH THEM TO THE OPEN AUDITION OR, IF MAKING A DVD SUBMISSION, SEND THE SIGNED CONSENT TO THE PRODUCER
Parental Consent (where Applicant is a minor)
I/ we * ........................................................................................
represent and warrant that I am/ we are the parent(s) or legal guardian(s) of
**........................................................................................ (my “Child/ Ward”). I/we acknowledge that I/ we have read the Application Terms and Conditions including the Eligibility Criteria and where applicable the DVD Submission Terms (“the Terms”) and am/ are familiar with each and all of the terms and conditions therein. I am/ we are satisfied that the Terms are fair and equitable, I/we agree to the Terms and I/ we hereby give my express consent for my Child/ Ward to apply to participate in the Contest subject to the Terms and I/ we will not revoke my consent at any time. I/we hereby fully guarantee the performance of my Child’s/ Ward’s obligations and responsibilities as set out in the Terms.
*Insert name of Parent/ Guardian(s)
**Insert name of Minor Applicant
........................................... [Print Name]...........................................
........................................... [Print Name].......