Terms and conditions

TERMS AND CONDITIONS OF ENTRY AND PARTICIPATION
SECTION A: Entry and Participation in "The Radio Play's The Thing"

"The Radio Play's The Thing" is organised by Channel Four Television Corporation or its subsidiary 4 Ventures Limited, both of 124 Horseferry Road, London SW1P 2TX (“C4”).
Entrants participating in "The Radio Play's The Thing" have an opportunity to have their Submission considered for development and/or produced for radio by C4 in accordance with the Terms and Conditions.
Definitions

In the Rules the following words have the following meanings:
"Entrant": any person (including writing teams of up to three people) who enters "The Radio Play's The Thing";
"Participation": means all and any part of the Entrant's participation in "The Radio Play's The Thing" howsoever arising and at whatever period of "The Radio Play's The Thing" including without limitation the attendance of the Entrant at any location, meeting, rehearsal or workshop event pursuant to the "The Radio Play's The Thing", the production of the radio programme, and the recording of the same for broadcast on Channel 4 Radio and One Word Radio.
"Producers": means employees and contractors of C4 and/or their nominees charged with the operation and/or execution of "The Radio Play's The Thing";
"Submission": means a synopsis of about 200-300 words telling the story of the play together with at least one scene in radio drama script format and short character descriptions of approximately 20 words per character and a single paragraph by the Entrant explaining why he/she has chosen the particular idea for his/her Submission.
"The Radio Play's The Thing": an initiative provisionally entitled "The Radio Play's the Thing", which C4 intends (but does not undertake) to organise between February 2007 and June 2007. The purpose of "The Radio Play's The Thing" is to give Entrants the opportunity to have their Submissions considered for development and/or produced for radio by the Entrant and his chosen production crew with the assistance and mentoring of C4 and its partners. The recording of same will be broadcast on Channel 4 Radio and/or on One Word Radio subject to quality. The Entrant's Participation will also be incorporated in video content to be streamed on Channel4.com website in accordance with the Terms and Conditions. In addition, audio extracts will be distributed from these workshops on Channel 4 Radio’s website by such methods as C4 decides in accordance with the Terms and Conditions and the agreement of the experts contributing to the workshops.

Entry Procedure to the "The Radio Play's The Thing"

Entry to "The Radio Play's The Thing" is by email to theplay@channel4.com. Entrants must provide contact details including their postal address, email address, telephone number and mobile number (if they have one).
C4 cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

Entrant Warranties

By entering the "The Radio Play's The Thing" all Entrants warrant and agree:
(i) they have not had any previous dramatic writing (including without limitation screenplays, stage, radio and television scripts and/or treatments) professionally commissioned, professionally published, professionally staged, optioned and/or professionally produced in any format. Dramatic writing that has been rejected by professional theatre companies or radio stations is eligible if submitted in accordance with the Terms and Conditions;
(ii) the Submission is original, is not defamatory, obscene, blasphemous, in contempt of court, in breach of any third party or parties' copyright and shall not expose C4 to any criminal or civil liability or claims in respect of the same;
(iii) the Submission is being submitted exclusively to the Producers and the Entrant will not enter into any agreement that conflicts with the Terms and Conditions;
(iv) the Entrant exclusively owns and controls all copyright and all other related rights in and to the Submission and has all rights necessary to enter into "The Radio Play's The Thing" and grant the rights set out in the Terms and Conditions;
(v) the Submission is not an adaptation of any existing published work;
(vi) they agree to participate in the filming and recording of the workshop process in “The Radio Play’s The Thing” ;
(vii) that C4 shall be entitled to (and is hereby licensed to) include parts of the Submission (and/or adaptations thereof) in any format on Channel 4 Radio, One Word Radio and on related Channel 4 websites.
(viii) they acknowledge and agree that the Producers will have editorial and directorial input to the radio production of the Submission and that they shall abide by the Producers' decisions in respect of the same at all times;
(ix) to attend at such development meetings, rehearsals, performances and such other events, workshops and/or meetings as required in the opinion of the Producers to produce the Submission for radio; and
(xi) they are aged 18 or over.

By entering “The Radio Play’s The Thing” Entrants agree that C4 (and third parties authorised by C4) may make the Submission and the Entrant’s Participation available on Channel 4 Radio, One Word Radio, Channel 4 websites and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Submission or Entrant’s Participation may be made available with advertising and/or sponsorship. Entrants now grant C4 (and third parties authorised by C4) a worldwide and irrevocable licence (which shall be exclusive from the date that the Entrant sends their Submission to C4 until 31st December 2007 and thereafter non-exclusive) (for the full period of any rights in the Submission and Entrant’s Participation) to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, sell and sub-licence the Submission and/or Entrant’s Participation for such purposes. Entrants hereby expressly and irrevocably waive in perpetuity all so-called moral rights in relation thereto and acknowledge and agree that the remuneration and/or consideration payable hereunder is an equitable pre-payment of any sums which may subsequently become due to the Entrant in respect of exploitation of such rental, lending or other rights. The Entrant will at the Producers' request execute and sign all documents and do all acts and things necessary to secure all the rights granted hereunder
Entrants grant C4 (and third parties authorised by C4) the right to issue publicity concerning the Submission and/or Entrant’s Participation and any material, service or programme in which it may be included, and for such purpose to use and reproduce the Entrant’s name and photograph (where these have been provided to C4) and the Submission and/or Entrant’s Participation or copies of the Submission and/or Entrant’s Participation. Entrants agree C4 has no obligation to keep originals or copies of any Submission and/or Entrant’s Participation or to return this to Entrants at the end of “The Radio Play’s The Thing” or any other point in the future.
Timescale

All Submissions must be submitted by 4.00pm on 26th March 2007 in accordance with the Terms and Conditions. The Producers shall not contact Entrants to acknowledge receipt of Submissions. In the event that the Producers choose to shortlist any Submission the Producers shall contact Entrants by 16th April 2007 by email and by telephone. If the Producers are unable to contact an Entrant or receive no response to the email by midday on 19th April 2007 C4 has the right to choose a replacement for the shortlist. If an Entrant has not been contacted by 16th April 2007 that Entrant will not have been shortlisted. Entrants agree that the Producers shall not enter into any correspondence or discussion (or be required to do so) in relation to the shortlisting or non-shortlisting of any Submission or provide any reasons in respect of the same.

SECTION B: General Rules

The following persons may not enter "The Radio Play's The Thing":
(i) any person under the age of 18 on 26th March 2007;
(ii) any person who is employed by C4 or contracted for work by any person or entity rendering services in respect of "The Radio Play's The Thing" or any member of the immediate family (including any live-in partner) of any of the aforesaid persons;
(iii) any person who resides outside the UK, the Channel Islands or the Isle of Man and/or is not at a UK citizen or at all material times a "qualifying person" under the Copyright Designs and Patents Act 1988.

C4 reserves the right to verify the eligibility of all Entrants.

The Producers and C4 shall not be liable to reimburse any expenses or costs incurred by any Entrant in making any entry or to return any materials (including without limitation any Submission) submitted by any Entrant.
An Entrant may submit no more than two Submissions to "The Radio Play's The Thing".
During the recording or live transmission of any parts of the workshop process, Entrants agree to abide promptly by the lawful directions of the Producers at all times.
In the event of any fault, dispute, misunderstanding or disagreement concerning any part of "The Radio Play's The Thing", including the operation of the telephone system or the validity of any decision of the Producers, the decision of C4 shall be final and neither correspondence nor discussion shall be entered into or required to be entered into by C4.
Notwithstanding an Entrant's participation in "The Radio Play's The Thing" there remains no obligation on the part of C4 to broadcast any any or all of their contribution as recorded by C4.
C4 may disqualify any Submission and/or be entitled to refuse to pay and/or recover any sums paid pursuant and/or due to "The Radio Play's The Thing" in the event of in the opinion of the Producers:
(i) failure by such Entrant to provide proof of eligibility upon request by the C4; or
(ii) the Entrant's fraud or dishonesty;
(iii) any breach by the Entrant of the Terms and Conditions.
In the event of any such disqualification and non-payment and/or recovery C4 shall remain entitled to all rights granted to it by the Entrant as set out in the Terms and Conditions.
If the operation of "The Radio Play's The Thing", the recording or broadcast of the radio programmes is affected by circumstances beyond the reasonable control of C4, C4 may cancel all or any part of "The Radio Play's The Thing" and Entrants shall have no claim whatsoever against C4.
If there is any material fact about an Entrant or prospective Entrant (including but not limited to existing medical conditions) which may in the opinion of C4 jeopardise or otherwise impact on “The Radio Play’s The Thing”, which might result in publicity adverse to the good name of C4 or "The Radio Play's The Thing", the Entrant will be liable to disqualification and/or to forfeit any money paid or due to it subject at all times and in all circumstances it being acknowledged that C4 shall retain all rights granted to it by the Entrant herein. Each Entrant agrees that they shall keep confidential all information relating to "The Radio Play's The Thing" which has been disclosed to the Entrant or obtained from the Entrant's participation in "The Radio Play's The Thing", including (without limitation) information relating to the operation, organisation, results and conduct of and the plans and proposals for the Submission and/or any part of "The Radio Play's The Thing" in which they participate and/or any other part of "The Radio Play's The Thing" (provided the same is not already in the public domain (but not as a consequence of any breach of this clause by the Entrant)) and agrees not to disclose such information to any person other than with the prior written consent of C4.
C4 will not accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering or as a consequence of entering "The Radio Play's The Thing" to the fullest extent permitted by law.
C4 shall be entitled to assign or sub-license the benefit of the Terms and Conditions provided C4 shall remain liable to Entrants. The Terms and Conditions are personal to Entrants and are not capable of being assigned by Entrants.
The Terms and Conditions set forth the entire agreement between the Entrant and C4 in connection with "The Radio Play's The Thing" and supersedes any prior agreements and/or arrangements (whether oral or in writing) between the Entrant and C4 or any other party. No waiver express or implied by either C4 or the Entrant of any provision of the Terms and Conditions shall operate as a waiver of any preceding or succeeding breach of the same of any other provision of the Terms and Conditions.
Entrants agree to waive any right to seek injunctive relief against C4 in relation to the Terms and Conditions or arising from any breach or alleged breach of the same and that the Entrant's remedies in respect of any such breach or alleged breach shall be a claim for damages.
Entrants agree to make themselves available on reasonable notice to take part in any publicity associated with "The Radio Play's The Thing" and shall provide C4 on request with a full assignment of copyright and all other rights in and to the Entrant's Participation including performance in such Participation and publicity in such form as C4 may require, including (without limitation) a waiver of any so-called "moral rights" and a grant of all consents necessary for the exploitation of the publicity related materials in all media worldwide in perpetuity and execute all documents required by C4 to do so. Entrants irrevocably and unconditionally agree to grant C4 the right in perpetuity throughout the world to use and authorise others to use the Entrant's name, voice, likeness, biographical material, photographs and likenesses for the purposes of advertising, advertising and exploiting “The Radio Play’s The Thing”. Entrants agree to make themselves available for the production of such material by C4.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and C4’s privacy policy and will not be disclosed to a third party without the individual’s prior consent.
All Entrants agree to abide by both all directions and instructions of the Producers and also the Terms and Conditions, which are the full terms and conditions for participation in "The Radio Play's The Thing" and are governed by English law. Disputes arising under the Terms and Conditions shall be exclusively subject to the jurisdiction of the courts of England. To the fullest extent permitted by law, C4 reserves the right (and the Entrants agree and consent to such reservation) to stop "The Radio Play's The Thing" and/or to vary the Terms and Conditions at any time without prior notice and for any reason. Any changes to the Terms and Conditions will be made available at www.channel4.com/theplay.

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