BBC Three Ts & Cs

GENERAL RULES

Definitions:

“website” – the website with the URL www.bbc.co.uk/fameacademy/

“Company” – Endemol UK Plc, Shepherds Building Central, Charecroft Way, Shepherds Bush, London, W14 0EE.

“Entrant” – an entrant of the Viewer Competition.

“Entry” – a submission to the Viewer Competition.

“Programme” – the programme “Comic Relief Does Fame Academy on BBC3” to be broadcast on BBC3.

The Viewer Competition is organised and promoted by the Company. All correspondence in relation to the Viewer Competition should be addressed to Comic Relief Does Fame Academy on BBC3, PO Box 5025, W1A 4XH

1. The Rules, the information provided during the Programme and the statements and explanations appearing on any screen on the website relating to the Viewer Competition set out the full extent of the obligations and liabilities of the Company in relation to the Viewer Competition. Where there is any conflict between such statements and explanations and the Rules, the Rules shall prevail.

2. The Company may change the Rules at any time in its sole discretion. All changes shall be binding on any Entrants and will take effect immediately on posting of the revised terms and conditions/rules on the website. Entrants hereby agree to accept and be bound by the relevant changes on the next occasion they play the Viewer Competition or claim a prize following the changes taking place.

3. Entries to the Viewer Competition will only be accepted if submitted in accordance with these Rules.

4. The following persons may not take part in the Viewer Competition:

i. Any person who resides outside the UK, the Channel Islands or the Isle of Man.

ii. Any person aged less than 18 years.

iii. Any person who is employed by the Company, Comic Relief (or any service providers contracted by the Company in relation to the Viewer Competition) or BBC and any associated or related companies of any of the same or any of their respective agents or members of their families or household.

5. In the event of any fault, dispute, misunderstanding or disagreement concerning any part of the Viewer Competition, including the validity of any solution (or any part of it) to the questions asked by the Viewer Competition and the identity of the winner of any of the prizes, the decision of the Company shall be final and neither correspondence nor discussion shall be entered into.

6. The Company reserves the right to refuse to allow a prospective Entrant from registering to play the Viewer Competition for any reason in its absolute discretion.

7. The Company may refuse to give the prize or may recover any prize given to an Entrant if the Entrant no longer qualifies to play the Viewer Competition or in the event of the Entrant’s breach of any of the Rules, fraud or dishonesty. Failure to provide proof of eligibility to play the Viewer Competition within a reasonable time on request by the Company may also result in disqualification and/or a prize being withheld or withdrawn.

8. If the operation of the Viewer Competition is affected by circumstances beyond the reasonable control of the Company, the Company may cancel all or any part of the Viewer Competition and Entrants shall have no claim whatsoever upon the Company.

THE VIEWER COMPETITION

9. The Viewer Competition is featured in the Programme on BBC3. It is the Company’s current intention that each day the Viewer Competition will open at the start of each BBC3 episode of the Programme and will remain open until the times stated in the relevant show, though this may be subject to change at the Company’s discretion.

10. The presenter of the relevant show will announce the question and three possible answers live on air and Entrants can enter the Viewer Competition by telephoning or texting the relevant number advertised on the Programme.

11. Entrants may only enter the Viewer competition by calling the telephone number or texting the short code shown on screen during the Programme. Calls to enter by telephoning the number advertised will be charged at £1 from BT landlines (mobile costs may vary and Entrants should check with their operator), at least 70p of which will go to Comic Relief, a charity registered with the Charity Commission no. 326568. The Entrant will hear an automated message which will ask the Entrant to “press 1 for answer A, 2 for answer B or 3 for answer C”. The question and the answers will not be repeated as part of the message. The Entrant will be asked to leave their full name and contact number. Calls are recorded to ensure competition entries are captured. Texts to enter will be charged at £1 (plus your standard text charge), at least 70p of which will go to Comic Relief, a charity registered with the Charity Commission no. 326568. Entrants must text the keyword shown on screen during the programme along with the correct answer (A, B or C) to the text code shown on screen.

12. Entries that are incorrect, incomplete or inaudible will be void.

13. A daily winner (the “Winning Entrant”) will be chosen from all the Entrants who have correctly answered the relevant daily questions and submitted all the requested contact details, before the relevant daily competition has closed. The Winning Daily Entrant will be entitled to receive a prize as specified during the Programme which will change daily (the “Daily Prize”). In addition, an overall winner (the “Winning Overall Entrant”) will be chosen from all the Winning Daily Entrants. The Winning Overall Entrant will be entitled to receive the overall prize as specified during the Programme (the “Overall Prize”). The Winning Daily Entrants and the Winning Overall Entrant are together referred to as the “Winning Entrant(s)”. The Daily Prize and the Overall Prize are together referred to as the “Prize(s)”. No cash equivalent or alternative prize will be given and the Prize(s) is non-transferable. The Company reserves the right to change the Prize(s) due to circumstances beyond its control or to offer a Prize(s) of a similar value.

14. Each time a new Viewer Competition is announced the Entrant will have to leave their details again in order to be eligible to win the relevant Prize(s).

15. The Company will contact the Winning Entrant within seven (7) days of the closing date of the applicable Viewer Competition which the Entrant has entered as stated in clause 9 above using the contact details provided by the Winning Entrant when they registered to play the Viewer Competition (or such other details as may have been subsequently notified to the Company by the Entrant). If the Winning Entrant cannot be contacted or does not respond within 24 hours of having been contacted and a message left, the Company reserves the right to offer the Prize(s) to the next correct entrant drawn and thereafter until a winner is found. The Entrant will be asked to provide a name and physical address to which the Prize(s) can be sent. Prizes will be sent out within 28 days of receipt by the Company of details of the Entrant’s name and address. It shall be the Winning Entrant’s responsibility to inform the Company if their Prize(s) is not received.

16. By playing the Viewer Competition Entrants hereby agree that the Company may post Winning Entrants’ names and their city/town/village of residence on the Company’s websites and in other publicity or promotional material by means of any media for the Viewer Competition and/or the Company.

17. The Company will ensure that any information Entrants provide for the purpose of registration to play or otherwise in connection with the Viewer Competition will be used in accordance with the Data Protection Act 1998. All information will be kept secure and will be treated as confidential. Any disclosures of information will only be made with the Entrant’s permission. Entrants have the right of access to the information about them held and used by the Company. By entering the Viewer Competition Entrants are consenting to the use of their personal information for the purpose of the Company operating and publicising the Viewer Competition and in Company promotional material and will be deemed to have accepted and agreed to abide by all the Rules.

18 All Entrants agree to abide by the Rules, which are the full terms and conditions for participation in the Viewer Competition and are governed by English law. To the fullest extent permitted by law, the Company reserves the right to stop the Viewer Competition and/or to vary the Rules at any time without prior notice. Any changes to the Rules will be made available on the website.

19. A copy of the Rules can also be obtained by sending an A4 sized SAE to Interactive Administrator, Endemol UK plc, Shepherds Building Central, Charecroft Way, Shepherds Bush, London W14 0EE.

USE OF CONTENT

20. For the avoidance of doubt, the Company is the owner or licensee of the copyright, trade mark and other intellectual property rights in, to and in respect of the website (including, without limitation, its content) and the Viewer Competition, and Entrants and prospective Entrants acquire no rights therein. Entrants and prospective Entrants acknowledge and agree that they are only permitted to use the website and play the Viewer Competition as expressly set out in these Rules.

21 Entrants agree that website and the Viewer Competition are for their own personal non-commercial use only.

22. Entrants may not:

22.1 copy, disclose, transmit or otherwise make available or remove or alter any material available on the website.

22.2 reverse engineer or decompile (whether in whole or in part) any software used in connection with the website and/or the provision of the Viewer Competition (except to the extent expressly permitted by applicable law); or

22.3 remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in any material obtained from the website or as a result of playing the Viewer Competition.

ENTRANT WARRANTIES AND INDEMNITIES

23. Each Player warrants that they will only play the Viewer Competition and use the website in accordance with the Rules and in an appropriate lawful manner and, by way of example, that they shall not play the Viewer Competition or use the website (and shall not authorise or permit any other party to):

23.1 receive, access or transmit any content which is in violation of any law, regulation or code of practice or which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including without limit, copyright) or otherwise unlawful or which would result in the Company or its approved payment providers contravening or violating any law, regulation or code of practice regulating the provision of the Viewer Competition or any other services provided through the website.

23.2 knowingly or recklessly transmit any content or electronic material (including, without limit, viruses) through the website which shall cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by the Company, its approved payment providers, any other Entrants or other third parties; or

23.3 hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to inhibit others from playing the Viewer Competition or using the website or any other website, or which is otherwise likely to damage the reputation or business of the Company or of any third party.

24 Each Entrant hereby agrees to fully indemnify and to hold the Company harmless from and against any claim brought by a third party resulting from the playing of the Viewer Competition or access to website suffered or incurred by the Company in consequence of the Entrant’s breach or non-observance of these terms and conditions/the Rules and in respect of all losses, damages, liabilities, obligations, costs and expenses including reasonable legal fees and expenses, whatsoever arising there from.

COMPANY WARRANTIES AND LIMITATIONS OF LIABILITY

25. Except as expressly provided in this agreement the Company hereby disclaims to the fullest extent permitted by law, any and all other statements, conditions or warranties, express and/or implied, statutory or otherwise, including as to, without limitation, satisfactory quality or suitability or fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice relating to the Viewer Competition and/or the website.

26. The Company shall make reasonable endeavours to provide the Viewer Competition but cannot guarantee that the Viewer Competition will be available 24 hours a day, as the Company does not and cannot control the flow of data over the telephone lines, the internet or to or from mobile phones. Accordingly, the Company disclaims any liability whatsoever resulting from or related to any loss of service/downtime and/or failure to provide the Viewer Competition for any reason.

27. Notwithstanding anything to the contrary contained or implied in this agreement, the Company shall not be liable in contract, tort or otherwise (including liability in negligence) for any loss of whatever nature, including without limitation loss of anticipated savings or profits, or for any other indirect, special, or consequential loss whatsoever or the loss for whatever reason of the chance to participate in the Viewer Competition. In particular but without prejudice to the generality of the foregoing the Company shall not be liable to any person:

27.1 for any loss if the performance of the Company’s obligations is prevented, hindered or delayed in whole or in part as a result of any event beyond the Company’s reasonable control including, but without limitation, any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network or telecommunications service, omissions of any Entrant or any third party; failure of or defect/errors in any third party software or hardware; acts of government.

27.2 for the failure of, damage or destruction to, or any errors caused by the Company’s computer systems or records or those of its approved payment providers, or any part thereof;

27.3 for delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;

27.4 for any other action or event which prevents or hinders the playing of the Viewer Competition;

27.5 for the refusal to allow any person to play the Viewer Competition;

27.6 for any losses caused by Entrants or prospective Entrants including misuse or unauthorised use of any passwords, money lost by playing the Viewer Competition and failure or malfunction of the equipment or technology of the relevant Entrant or prospective Entrant or their internet service provider.

28. Nothing herein shall exclude or limit the Company’s liability for death or personal injury resulting from its negligent acts or omissions hereunder.

TERMINATION

29. Without prejudice to any other rights, the Company shall be entitled to suspend a Entrant from playing the Viewer Competition without prior notice if:

29.1 the Company does not receive payment or is advised that it will not receive payment from its payment providers in respect of any transaction; or

29.2 the Entrant breaches any warranty or other term of these terms and conditions and/or the Rules; or

29.3 if the Company is directed by a competent authority to cease to provide or allow the provision of the Viewer Competition; or

29.4 the agreement between the Company and the payment provider used by the Entrant is terminated.

30. Termination of the services will not affect the accrued rights and liabilities of either the Entrant or the Company.

ASSIGNMENT AND THIRD PARTY RIGHTS

31. A Entrant shall not assign or transfer all or any of their rights or obligations under this agreement without the Company’s written consent but this agreement will bind the Entrant’s personal representatives. The Company may assign the benefit of this agreement and may use agents and subcontractors for the performance of any of its obligations or exercise of its rights under this agreement.

32. No term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to it.

MISCELLANEOUS

33. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

35. A Entrant’s use of the website or participation in the Viewer Competition shall be deemed as acceptance of these terms and conditions and the Rules.

36. If any provision of these terms and conditions/the Rules is found to be void or unenforceable in whole or in part, these terms and conditions and the Rules shall continue to be valid as to the other provisions and the remainder of the affected provision.

37. No failure or delay by a Entrant or the Company in exercising or enforcing any right conferred by these terms and conditions/the Rules shall be construed as a waiver or release of any such right nor in any way prejudice any right the Entrant or the Company may have under these terms and conditions/the Rules.

38. No waiver by a Entrant or the Company of any breach or non-performance by the other of any of these terms and conditions/the Rules shall be deemed to be a waiver of any previous or subsequent breach or non-performance of the same or any other term/condition/Rule.

39. Any written notice may be sent by email or pre-paid post to:

39.1 an Entrant at any email address subsequently notified to the Company, or at the Entrant’s postal address if the Entrant has notified the Company of one; and

39.2 the Company at Interactive Administrator, Endemol UK plc, Shepherds Building Central, Charecroft Way, Shepherds Bush, London, W14 0EE

40. Notices shall be deemed duly given 48 hours after posting by first class post, or if by email from the Company to a Entrant then at the time of transmission if within normal business hours failing which the start of the next business day, or if by email from a Entrant to the Company then at the time of receipt if within normal business hours failing which the start of the next business day.

41. Entrants agree that the Company may act on email notices or instructions that reasonably appear to emanate from the Entrant.

42. Nothing in these terms and conditions/the Rules is intended to exclude any rights the Entrant may have as a consumer that may not be excluded by the law.

43. These Rules shall be governed by and construed in accordance with the laws of England and both Entrants and the Company agree to submit to the exclusive jurisdiction of the courts of England.

PRIVACY

1. The Company will use any information collected through the Viewer Competition in accordance with the Data Protection Act 1998. All information will be kept secure and will be treated as confidential.

2. The information collected may include:

2.1 Users’ IP addresses which are automatically logged by our web server. IP addresses are used to observe users’ interest in the website (number of visits etc.)

2.2 E-mail addresses, telephone numbers, addresses and/or other contact details which users voluntarily provide in order to:

2.2.1 receive information from the Company and/or our commercial partners

2.2.2 register to play the Viewer Competition and allow the Company to operate and publicise the Viewer Competition and the Company and to administer the prizes

3. The Company will not disclose details provided voluntarily by users to third parties or use the information in any other way without prior consent. On all pages where personal data is collected specific details on the use of the information will be provided.

4. You have the right to access your information held by the Company and where necessary to have it amended. For more details please contact Interactive Administrator, Endemol UK plc, Shepherds Building Central, Charecroft Way, Shepherds Bush, London, W14 0EE.

5. This website contains links to other sites which are not related to the Company. This privacy statement does not apply to those other sites and the Company is not responsible for the content and practices of those websites. In particular users should refer to the privacy policies of any payment providers.


Comic Relief Does Fame Academy on BBC3 "Who Knows Whose Nose" competiton 3rd March

We had a slight problem on Saturday night, caused by human error, where one of the numbers given out was incorrect. Therefore callers heard a voice message mistakenly announcing that the competition line was closed. Only a small number of calls were involved. The text (SMS) route of entry was not affected.

We can however re-assure you that all correct entries, both landline and text were entered into the draw, and that the winner was randomly chosen by computer, under the supervision of an independent solicitor.

This process met the recommendation of ICSTIS, the industry regulator.

Should you have any queries, please call our free phone helpline on 0800 028 5130 during office hours (or leave a message out of hours and we will return your call).