ITV General Competition, Prize Draw, Vote and Poll Terms and Conditions
ITV General Competition, Prize Draw, Vote and Poll Terms and Conditions
Ref: GCT/MH/SM/20171027/120R7
INTERACTION WITH ITV – GENERAL COMPETITION, PRIZE DRAW, VOTE AND POLL TERMS AND CONDITIONS
IntroductionA. General Competition and Prize Draw Terms and Conditions 1. Eligibility 2. Entry 3. The Prize 4. Winner Selection5. Winner Contact (including time sensitive/critical prizes)B. Vote and Poll Terms and ConditionsC. Manipulation of servicesD. LiabilityE. PrivacyF. GeneralG. Contact Details and Further Information
IntroductionThe following terms and conditions apply to all competitions, prize draws, votes and polls promoted by the Promoter in any media including without limitation in television programmes, online and/or on mobile. Please see end of these terms and conditions for details of the Promoter.
These general terms and conditions apply in addition to any specific terms and conditions which may be mentioned in any promotion of or messages about that competition, prize draw, vote or poll on any platform (“interaction information”). Where applicable, specific terms and conditions for each competition, prize draw, vote or poll can be found here. Together these general terms and conditions and the interaction information shall be referred to as the “interaction terms and conditions”. To the extent that there is any inconsistency between these general terms and conditions and any interaction information, the interaction information will prevail.
The Interaction terms and conditions may be amended at any time without prior notice. Any changes will be posted on the itv.com website. It is your responsibility to ensure you review the current interaction terms and conditions before entering any competition, prize draw, vote or poll.
By taking part in the competition, prize draw, vote or poll (as applicable), you accept and agree to the interaction terms and conditions. If you do not agree with any of the interaction terms and conditions then you should not take part in the competition, prize draw, vote or poll (as applicable).
1. We recommend that you print and store or save a copy of these terms and conditions for future reference during the competition, prize draw, vote or poll. General Competition and Prize Draw Terms & Conditions
The following general terms and conditions apply to all competitions and prize draws.
1. Eligibility
1.1. Entrants must meet the eligibility requirements as specified in the interaction terms and conditions.
1.2. Entrants must be residents of the United Kingdom, Isle of Man or Channel Islands and must be aged 18 years or over at the time of entry, unless specified otherwise.
1.3. Unless otherwise specified in the interaction information, entrants must enter using a valid geographical landline (beginning 01 or 02) or mobile telephone number (beginning 071-079). Please note that using non-geographic numbers (including without limitation numbers beginning 03, 05, 070, 08 or 09) is likely to be deemed an attempt to manipulate the competition/prize draw (in line with section C) and may result in such entries being invalid and/or forfeiture of any prize.
1.4. If selected as a winner of a prize draw or competition, the winner must provide a UK, Isle of Man or Channel Islands address for delivery of the prize. The Promoter will not deliver to any address outside the UK, Isle of Man or Channel Islands.
1.5. Employees and members of their immediate families (including any live-in partner) of the Promoter, companies within the ITV group of companies and/or those associated with the operation or promotion of the competition or prize draw, including without limitation the provider of the prize or the producer of the programme, are ineligible to enter. Any such entries are invalid.
1.6. Where an entrant has opted to enter a competition or prize draw through one of the promoted paid entry routes, ITV must have received evidence of payment of any costs relating to the entry (as set out in the interaction terms and conditions, and as notified to ITV by the applicable payment provider) by the time that ITV conducts the winner selection in accordance with section 4 below (“Valid Payment”). Any entry made without a Valid Payment will be incomplete, invalid and ineligible to win the prize.
1.7. The Promoter reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. The Promoter may withhold delivery of a prize until it has received such evidence from the winner and failure to provide such evidence in a timely manner may result in forfeiture of the prize.
2. Entry
2.1. The opening date and closing date and time for entries are as indicated in the interaction information. Any entries received before the competition or prize draw opens or after the closing date and time will not be counted but may still be charged.
2.2. For competition entry, entrants must answer the question(s) or complete the task(s) specified and submit the information as indicated in the interaction information. For prize draw entry, entrants must submit the information as indicated in the interaction information.
2.3. Entrants may be required to provide their full name, full contact telephone number (including area code if providing a landline number) or other method of contact (if applicable), email address and/or any other information as specified at the time of entering the promotion. This information cannot be amended once an entrant has entered the promotion.
2.4. Each entrant will be charged the cost of entry (if any) as indicated in the interaction information. If charges apply, entrants must have the permission of the bill payer before entering the promotion. Any cost of entry and/or entry delivery costs includes taxes (where applicable).
2.5. The Promoter cannot guarantee that entries submitted by eligible residents of the United Kingdom, Isle of Man and the Channel Islands from outside the UK, Isle of Man and Channel Islands will be entered into the promotion and charges will depend on the relevant service provider’s international rates. The Promoter gives no warranty that the service will be available, legal or appropriate for use in locations outside the UK.
2.6. Entry to the promotion must be by the applicable method(s) as indicated in the interaction information which may include any (but not necessarily all) of the following:
2.6.1. Phone entry: Phone entrants should call the phone number as indicated in the interaction information, and follow the instructions in the recorded message.
The call charges will be the cost indicated in the interaction information plus any applicable network access charge. The total cost will be dependent on the entrant’s network.
2.6.2. SMS entry: SMS entrants should send an SMS to the shortcode as indicated in the interaction information. The charge per SMS will be the cost indicated in the interaction information plus any applicable standard network charges. The total cost will be dependent on the entrant’s network. Charges will be deducted from the entrant’s available credit if they are a pre-pay customer or appear on their monthly statement if they are a pay-monthly customer.
SMS entrants will receive an SMS text message confirming their entry, which may include information about the programme, its sponsor or other services relating to the promotion. SMS entrants may opt out of receiving additional marketing messages at any time (please see section 9.2 of these terms and conditions).
Entrants should note that interacting with any SMS from ITV by way of one of the following ‘reactions’ will not count as an entry into the prize draw or competition and nor will any SMS entry that contains the words in shown here in speech marks: thumbs down (“disliked”); exclamation marks (“emphasised”); laughing / ha ha (“laughed”); “thumbs up (“liked”); love / heart (loved); question mark (“questioned”); and remove reaction (“removed”). Any other reactions, emojis or words sent by way of SMS to the relevant shortcode will still be counted and charged (where applicable). Please note that your network operator may still impose a standard network charge for your addition or subtraction of a reaction to an SMS.
If you believe you have entered a prize draw or competition via SMS in error and would like a refund of your entry, please contact us at itvihelp@itv.com at least 24 hours before ITV conducts the winner selection in accordance with section 4 below. Upon receiving your request ITV will endeavour to remove your entry from the relevant prize draw or competition and, where successful, will refund the costs of the applicable entry. Any requests received after the winner selection has been conducted will not be refunded.
2.6.3. Web entry: Web entrants are required to follow the instructions on the website as indicated in the interaction information. Internet service providers’ fees may apply when accessing the internet. By using the website, entrants also agree to the ITV Services Terms of Use available at www.itv.com/terms. From time to time for entering our competitions online we may award bonus tokens which can be redeemed against ‘token only’ competitions at our sole discretion. We may also award you bonus tokens for engaging with the content on our site, or for other activities as specified by us from time to time. Bonus tokens are non-transferable and have no monetary value. We have no liability in the event that bonus tokens cannot be used, including where they are lost or non-redeemable against a competition. Bonus tokens may be withdrawn by us at any time for any reason, with or without notice. We may also cap the number of bonus tokens that any individual is allowed at any one time.
2.6.4. Postal entry: Postal entrants may enter the promotion by mailing their full name and a contact telephone number (including area code if providing a landline number) or other method of contact (as applicable), as well as other required information and/or material to the postal address as specified in the interaction information. Entries must be sent on a postcard or on or within an envelope. Entries received on anything other than a postcard or envelope will not be accepted. In the case of multiple entries received in a single envelope or postcard, only one entry will be entered into the promotion. Entries sent by post must be received at the relevant postal address specified for entries by the closing date and time for receipt of entries. Postal entries without correct and sufficient postage paid will be incomplete, invalid and will not be considered. Personal and hand deliveries will not be accepted.
2.7. Entries must not be sent in through agents, third parties or on behalf of another person unless otherwise specified in the interaction information. Such entries are void. Bulk entries are void and cannot be accepted.
2.8. Any entries which are above the maximum number of entries for each method of entry as specified in the interaction information or which are incomplete, without all the required information, inaudible, incomprehensible, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are not received by the Promoter or are not otherwise in accordance with the interaction terms and conditions are invalid and will be discounted.
2.9. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by entrants, or the operation of any part of the competition or prize draw service, networks or systems, the decision of the Promoter shall be final.
2.10. Where entrants are required to submit a contribution (which may include but is not limited to photograph(s), video, audio, live-media images, drawings and/or other similar designs) as part of their entry, entrants also agree to ITV's General Participation Terms which apply, see http://www.itv.com/terms/participation-charity/itv-general-participation-terms. It is recommended that entrants send in copies rather than original material as such material will not be returned unless otherwise specified in the interaction information.
3. The Prize
3.1. The prize is as specified in the interaction information. Unless otherwise stated in the interaction information, each entrant is limited to winning one prize per competition or prize draw.
3.2. The prize is subject to availability and to winner confirmation, i.e. the Promoter has managed to contact the winner and confirm eligibility. The prize is also subject to the terms and conditions of the prize provider, their agents, and where applicable to the terms of the venue and/or the manufacturer.
3.3. Any prize elements including travel and/or accommodation will be subject to availability. Certain dates may be excluded when the winner may not take up the prize. Where the prize involves travel or accommodation on a date and/or to a destination to be chosen by the winner, the Promoter reserves the right to determine a final date by which the prize must be taken. Where the prize necessitates travel and/or attending an event on a specific date, the winner must be available on the date(s) specified by the Promoter in the interaction information and no alternative dates will be available.
3.4. Unless otherwise specified, all elements relating to a prize including travel and/or accommodation must be taken up during one period, and not on non-consecutive dates. The winner (and their companion(s) if applicable) will be required to hold a valid passport, any required visas and/or other necessary travel documentation. Where the prize relates to travel for more than one person, the winner and their companion(s) must travel together, departing from and returning to the same location at the same time and on the same itinerary. The prize provider and/or their agents cannot guarantee that seats will be adjacent to each other.
3.5. Where the prize includes a cheque, voucher or giftcard, such prize will be made payable in pounds sterling in the name of the winning entrant only and such cheque, voucher, or giftcard cannot be made payable to any third party. No other form of payment than that indicated in the interaction information will be provided to the winner.
3.6. The Promoter, prize provider, the issuer of the vouchers or giftcards and their agents reserve the right to refuse to accept vouchers and/or giftcards which are deemed to have been tampered with, defaced, duplicated, damaged or which otherwise are suspected to be affected by fraud or which have been lost or stolen following delivery.
3.7. The winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and requirements as may be specified by ITV or any authorised third party to receive and/or take up the prize, including but not limited to providing responses within specified time frames, adhering to the itinerary, completing any required forms and delivering any required documentation. The Promoter will not be liable to the winner or any other persons where they fail to comply with such instructions and such failure may result in forfeiture of the prize.
3.8. The winner (and where applicable, their companion(s)) may be required to provide their signature as proof of their agreement to relevant waivers, releases and/or consents when taking up the prize. Failure to sign any relevant documentation may result in forfeiture of the prize.
3.9. The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the interaction information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). The Promoter will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. The Promoter will accept no responsibility where the winner is unable to pay in full any such charges and/or expenses.
3.10. For delivery of the prize, you may be required to be available at a specified time and place.
3.11. No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable and non-exchangeable. If the winner decides to take up and then sell on the prize (where such onward sale is permitted) ITV will not be required to provide any guidance on such sale, and the winner acknowledges that the onward sale price may be lower than the retail or advertised price. However, the Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in its sole discretion including without limitation due to circumstances beyond its control or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Promoter will be able to retain or dispose of the prize (or part of the prize) at its own discretion.
3.12. The Promoter may refuse to provide a prize, or seek its recovery, in the event of non-eligibility, non-entitlement under the interaction terms and conditions or an entrant's breach of the interaction terms and conditions, fraud or dishonesty, including but not limited to the use of technology which enables an entrant to evade applicable charges when entering the promotion.
3.13. Unless the prize is time critical (as set out in section 5.2), the Promoter or prize provider(s) endeavour to deliver the prize to the winner within twenty eight (28) days from the date of winner confirmation unless stated otherwise in the interaction information. If the prize is time critical the Promoter or the prize provider(s) endeavour to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize.
3.14. The Promoter, prize provider and their agents will not be liable where a prize has been lost, damaged or stolen following delivery and such prize will not be replaced.
4. Winner Selection
4.1. Where the winner is randomly selected, the draw for the winner will take place within one week of the closing date and time for all entries unless otherwise specified in the interaction information. Unless stated otherwise in the interaction information, the winner will be the first entry drawn at random from all valid entries, subject to eligibility and winner confirmation (and, for competitions where entrants are required to answer one or more questions, answering such question(s) correctly).
4.2. Where the winner is not randomly selected, the interaction information will detail the judging criteria on which the winning entry will be selected.
5. Winner Contact
5.1. General contact: The winner will be contacted as soon as practicable on or after the draw date or judging date (as appropriate) as indicated in the interaction information. Reasonable efforts will be made to contact a winner on the phone number provided when entering the promotion or such other method of contact deemed appropriate by the Promoter in its sole discretion in the circumstances. Unless the prize is time critical or time sensitive, the Promoter will try to contact the winner over a 4 week period.
5.2. Time critical: Where the prize must be taken up within 1 month of the close date of the competition, the competition will be considered “time critical”. As a winner needs to be found before the time to take up the prize passes, the interaction information will indicate the date(s) when entrants must be contactable and the Promoter will try to contact the winner on the phone number (or other method of contact (if appropriate)) provided, calling three times in a three-hour daytime period or as indicated in the interaction information.
5.3. Time sensitive: Where the prize must be taken up by a date which is more than 1 month but less than 6 months after the close date of the competition, unless otherwise stated in the interaction information the Promoter will try to contact the winner on the phone number (or other method of contact (if appropriate)) they provided over a two week period or as indicated in the interaction information.
5.4. If the winner cannot be contacted or successful contact is not made within the time periods set out in clauses 5.1 to 5.3 above or as otherwise set out in the interaction information (as applicable) or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the interaction terms and conditions, this may result in forfeiture of the prize and the Promoter reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
5.5. Any entrant and/or winner must comply with any directions given to him or her by the Promoter, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, compliance with the Ofcom Broadcasting Code. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
B. Vote and Poll Terms and Conditions
The following general terms and conditions apply to all votes and interactive polls promoted by the Promoter together with any specific terms as set out in the interaction information:
6.1 Open/close times: The opening and closing time for voting or participating in the interactive poll is as specified in the interaction information. Poll or votes made or received outside of these specified times will not be counted but may still be charged where applicable.
6.2 The Promoter may suspend, withdraw or re-set any voting or poll and/or may change times for voting and participating in the poll or the rules for participating in the poll or vote in their sole discretion at any time.
6.3 Anyone having difficulties getting through to the voting lines or interactive poll service should wait and then try again within times when the vote or poll is open.
6.4 Method: In order to vote or take part in the interactive poll or vote, you must follow the instructions as set out in the interaction information. Voting or participating in the interactive poll must be by the method(s) as specified in the interaction information. Your vote will not be counted or interaction will not be taken into account if you attempt to vote or take part in the poll using a method that is not specified in the interaction information.
6.5 If you are using the ITV Voting Platform to vote, you will provide the Promoter with your mobile number and the Promoter will also collect your voting choices and the number of free votes you have remaining per voting session.
6.6 Cost: The cost for voting or taking part in the poll via the applicable method is as indicated in the interaction information. Where there is a charge for voting or participating in a poll, permission of the bill payer must be obtained before voting or taking part in the poll or vote. There will be no refund for the cost of any misdialled calls or otherwise.
6.6 Restrictions:
6.6.1 Any restrictions on voting or participating in a vote or poll include without limit the number of times you may vote or participate in the poll or other restrictions is as specified in the interaction information.
6.6.2 Voting and participating in the interactive poll is intended for individuals as consumers and the Promoter and the programme producers reserve the right to discount votes or polls if they reasonably consider them to have been made other than by individuals as consumers.
6.6.3 The Promoter is unable to confirm the integrity of and is not responsible for any vote or poll services promoted outside the UK, Channel Islands and Isle of Man or for any unofficial voting methods as these are not within their control.
6.6.4 Votes must not be sent in through agents or on behalf of another person, and viewers cannot submit votes as an agent of any other person.
6.7 Right to discount votes/polls: The Promoter and the programme producers reserve the right to discount votes or polls if they have reasonable grounds to suspect they have been made from outside the UK, Isle of Man and Channel Islands, from unofficial third party voting services or otherwise in breach of the interaction terms and conditions.
6.8 In the event of any fault, mistake, misunderstanding or dispute concerning the outcome of a vote or poll, or the operation of any part of the interactive service, network or system, the decision of the Promoter shall be final.
6.9 Result: The result of the vote or poll will be established from all eligible votes or poll entries submitted between the opening date/time and the closing date/time of that vote or poll and received by the Promoter and/or the producer of the programme. The outcome of the vote or poll will be revealed and/or published by the Promoter and/or producers of the programme after the lines have closed.
6.10 Contingencies: In the event of a tie or if the outcome of a vote or poll cannot be reasonably determined because of a technical failure or other circumstance beyond the reasonable control of the Promoter, the producer of the programme, their agents or sub-contractors, the Promoter and/or producers of the programme will (where possible) calculate the outcome of the vote or poll taking into account the circumstances and information available to them at the time and/or will apply contingency plans, which may be indicated in the interaction information, to determine the outcome of any vote or interactive poll.
6.11 If you are voting on whether a person continues to participate on a programme, and that contestant is unable to perform or is prevented from performing fully in the programme for any reason including without limitation medical reasons, then the producers of the programme will decide whether that person will continue to participate in the programme, having regard to all circumstances and information available to them at the relevant time. The producers of the programme will in their sole discretion determine if another contestant may be allowed to participate in the programme.
C. Manipulation of services
7.1 The Promoter is committed to operating viewer interactive services, including without limitation competitions, prize draws, voting and interactive polls, fairly and to preventing abuse of its systems, as well as those of its agents and sub-contractors.
7.2 For this reason, the Promoter and the producers of the programme reserve the right to disqualify and/or discount entries, votes or polls if they have reasonable grounds to suspect, at their sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:
7.2.1 activity has occurred that is designed to excessively manipulate the outcome of the interactive service; or
7.2.2 votes, polls or entries have been made in breach of the interaction terms and conditions; or
7.2.3 there has been any activity which the Promoter and the producers of the programme consider is designed to unfairly influence the interactive service and/or provide an unfair advantage to the voter or entrant including without limitation use of automated or semi-automated calling technology (such as auto-diallers) or other automated technology; or the making or disguising of multiple entries or votes by an individual entrant using multiple different phone numbers (or other details on which limits on number of entries or votes are based).
7.3 If entering a competition via the itv.com website:
7.3.1 the website account must be owned, maintained, used and controlled by one (1) individual. Entrants must not create or operate multiple user accounts or attempt to enter more than the number of entries set out in the capping limits in the interaction terms and conditions and/or interaction information, including but not limited to, creating multiple accounts using different phone numbers or names.
7.3.2 entrants must not (and must not allow any other person to) use the website for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these general terms and conditions, the interaction terms and conditions or the interaction information otherwise by us, an entrant will not by any means as a result of or in connection with their use of the website:
share their login with anyone else;
remove, alter, bypass, avoid, interfere with or circumvent any software on the website;
modify or obscure their IP address in order to enter a competition for which they are not eligible;
capture or store any personal information relating to other users of the website; and
do anything that may cause damage to the website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate any applicable security measures.
7.4 If we determine that an individual has attempted to unfairly influence or manipulate an interactive service or has breached these general terms and conditions, the interaction terms and conditions and/or the interaction information, then in addition to disqualification and/or discounting entries, votes or polls for that interactive service, ITV reserves the right to suspend or terminate their accounts, disqualify and/or discount their entries and withhold or reclaim the awarding of any Prizes. In addition, we may (in our sole discretion) ban that individual from future interactive services and disqualify and/or discount any future entries made in respect of our interactive services.
7.5 We also reserve the right to take the action outlined in the paragraph above if we reasonably suspect that any entrant’s conduct is contrary to the spirit of these general terms and conditions, the interaction terms and conditions and/or the interaction information.
D. Liability
8 In relation to all competitions, prize draws, votes and polls promoted by the Promoter:
8.1 Nothing in the interaction terms and conditions restricts your statutory rights as a consumer. For more details on these statutory rights you should contact your local Trading Standards Office or Citizens Advice Bureau.
8.2 Nothing in the interaction terms and conditions shall exclude or limit the Promoter’s, the programme producer’s or ITV group’s liability for death or personal injury caused by their staff or suppliers’ negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.
8.3 None of ITV, the programme producers or the Promoter can promise that the services relating to a competition, prize draw, vote or poll will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond the control of ITV, the programme producers and/or the Promoter. Subject to 8.1 and 8.2, ITV, the programme producers and/or the Promoter do not accept responsibility where all or any part of the service relating to a competition, prize draw, vote or poll is discontinued, modified or changed in any way.
8.4 Subject to 8.1 and 8.2, the Promoter, other ITV companies (“ITV”) and/or the programme producers do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a competition, prize draw, vote or poll or from accepting any prize whether due to any error, omission by the Promoter, ITV, the programme producers or its or their employees, agents or others or by any other cause.
8.5 Subject to 8.1 and 8.2, none of ITV, the programme producers and/or the Promoter are responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to ITV, the programme producers and/or the Promoter when you enter a competition, prize draw or participate in a vote or a poll or (ii) is reasonably foreseeable to you and to ITV, the programme producers and/or the Promoter on entry but is only indirectly related to you entering or participating in a competition, prize draw, vote or poll.
8.6 Subject to 8.1 and 8.2, ITV, the programme producers and/or the Promoter will not be liable to reimburse the cost or expenses incurred in making a competition or prize draw entry or participating in a vote or poll where applicable.
8.7 Subject to 8.1 and 8.2, ITV, the programme producers and/or the Promoter do not accept responsibility in the event that any entry, vote and/or poll is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered competition or prize draw entries, votes or polls or for any disruption, delay or misdirection of such entries, votes or polls.
8.8 Subject to 8.1 and 8.2, ITV, the programme producers and/or the Promoter reserve the right to amend any element of a competition, prize draw, vote or poll for reasons beyond their reasonable control, including but not limited to the unavailability of the vote, poll, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. ITV, the programme producers and/or the Promoter are not responsible for any loss or damage caused to you as a result of any of these occurrences.
8.9 You agree to reimburse ITV, the programme producers and/or the Promoter in respect of any damages suffered by ITV, the programme producers and/or the Promoter or any losses by ITV, the programme producers and/or the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the competition, prize draw, vote or poll in breach of the interaction terms and conditions or from your violation of any applicable law or regulation.
8.10 It is your responsibility to ensure that you control access to any phone number that you use to enter. Subject to 8.1 and 8.2, ITV, the programme producers and/or the Promoter shall not be responsible for any loss you suffer as a result of ITV dealing in good faith with anyone other than you who has access to any such number (or any device using any such number).
E. Privacy
9.1 Information and data ("personal data") which is provided by you when you enter a competition or prize draw, or participate in a vote or poll, will be held by the Promoter and ITV and may be used by the Promoter, ITV, the producer of the programme (if applicable) and their service providers, network operators, suppliers and contractors for the purposes of administering the vote or poll, or administering and fulfilling the competition or prize draw. You agree that this includes without limitation that we may contact you if there is an issue with the interactive service. Further details of how any personal data will be used are set out below and in ITV’s privacy policy at www.itv.com/privacy and you agree to this use of your personal data when you participate in our interactive services.
9.2 Generally, we will only send you marketing messages if you indicate that you consent (e.g. by "opting-in") to receiving such messages. By choosing to interact with our services by SMS text message, you will be indicating that you consent to receiving marketing messages from us to your device in respect of similar products and services. You can avoid receiving these communications by adding NO INFO at the end of your SMS text entry, vote, poll or other message. You may opt out of receiving further marketing at any time by texting STOP to 65456 at no extra cost.
9.3 The Promoter and/or the prize provider may send personal data of participants to an interactive service (and where applicable, companion(s) of a winner) to third parties outside the European Economic Area, for the purposes of administering the interactive service and by entering you agree to such transfer for these purposes.
9.4 By taking part in the competition, prize draw, vote or poll (as applicable) you agree to participate in publicity at the Promoter’s request if you are the winner of a competition or prize draw. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner's (and if applicable their companion's) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid. If you do not want your name, image and/or comments relating to the prize used for future promotional, marketing and publicity purposes, please contact ITV Customer Support by e-mailing itvihelp@itv.com.
9.5 If you are the winner of a competition or prize draw you agree that the Promoter may list your name and location on the winners' page of the ITV website(s) and ITV may publish or announce your name and location elsewhere (including without limitation in the programme) as ITV determines in its sole discretion. If you do not want your name and location to be published by ITV or would like reduced information published by ITV, please contact ITV Customer Support by e-mailing itvihelp@itv.com.
9.6 Please note that calls may be recorded to ensure that entries, votes and polls are captured, for staff training and/or quality control purposes.
F. General
10.1 Please note that by making an entry, vote or poll you are consenting to us starting the interactive service immediately and any rights you may have to withdraw from or cancel your purchase (including but not limited to under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.
10.2 You agree that you do not have any commercial relationship with ITV, the programme producers and/or the Promoter, and that you are not an agent of ITV, the programme producers and/or the Promoter.
10.3 The interaction terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of England unless the entrant to a competition or prize draw, or the participant in a vote or poll is a Scottish or Northern Irish resident in which case he/she may choose the law of their residence and they irrevocably submit to the exclusive jurisdiction of the courts of England and Wales again unless the entrant to a competition or prize draw, or the participant in a vote or poll is a Scottish or Northern Irish resident in which case they may choose the courts of their residence in Scotland or Northern Ireland.
10.4 These terms and conditions were last updated on 16 July 2024.
G. Contact Details and Further Information
11.1 If you have a comment, query or complaint about any interactivity provided by ITV you may register it with ITV Customer Support which can be contacted by email at itvihelp@itv.com. You will need to provide some or all of the following information:
(a) Your name(b) Your email address(c) The IP address of your computer(d) If possible, your internet service provider(e) The date(s) and time(s) when you experienced problems(f) The nature of the problem you experienced(g) A contact telephone number you can be reached on, if necessary
Queries will be addressed as soon as possible.
11.2 If you require any information to be provided in an alternative format for accessibility reasons, we will be happy to discuss your requirements and endeavour to provide a suitable alternative.
11.3 For a hard copy of these terms and conditions please contact ITV Customer Support as set out above or send a stamped addressed envelope to the Promoter's address below. If you would like interaction information relating to a specific interactive event, then include the name of the specific interactivity in your application.
11.4 The Promoter is:
For all interactivity, the Promoter is ITV Consumer Limited, ITV White City, 201 Wood Lane, London W12 7RU, a company registered in England and Wales. Company Registration Number 2937518. VAT No. GN 197 004 167, and these terms and conditions apply as between you and ITV Consumer Limited (unless specified otherwise in the interaction information).