We, Swan Films Limited, are making a new TV show for Channel 4 called 'Grayson Perry: What Britain Wants' and a related series of online videos (collectively the 'Programme'). The Programme will follow artist Grayson Perry as he creates two vases – one for Brexit Leavers and one for Brexit Remainers – adorned with photos and comments sent in by viewers via social media.
Each week over a 10 week period Grayson will make a call to action via an online video with details of the photos and/or comments he needs (you can watch the latest video on Channel 4’s Facebook or Twitter pages by going to the video and media sections respectively).
Viewers can submit their photos and comments on Channel 4’s Facebook page in response to Grayson's video or on Twitter by using one of the hashtags specified below. Whichever method of submission is used you must identify whether you are a 'Leaver' or a 'Remainer' by using a specified hashtag : #leavepot for 'Leaver' and #remainpot for 'Remainer'.
If you want to participate, here are some important things you need to know and must agree to:
- VERY IMPORTANTLY, BY SUBMITTING YOUR PHOTO AND/OR COMMENT YOU (AND ANY PERSONS FEATURED IN YOUR PHOTO AND/OR COMMENT) ARE AGREEING FOR THESE, TOGETHER WITH YOUR NAME AND YOUR POLITICAL OPINION (AND THAT OF ANY PERSON FEATURED IN YOUR PHOTO/ COMMENT) TO BE 'OUT THERE' AND IN THE PUBLIC DOMAIN PERMANENTLY, INCLUDING IN THE PROGRAMME, THE ONLINE VIDEOS, ON GRAYSON'S VASES AND ON OTHER RELATED MATERIAL, INCLUDING BUT NOT LIMITED TO PUBLICITY, ADVERTISING AND MARKETING MATERIAL. FURTHER, GRAYSON'S VASES MAY BE SOLD AS ARTWORKS AND EXHIBITED IN PUBLIC GALLERIES AROUND THE WORLD AND MAY BE FEATURED IN OTHER MEDIA (E.G., BY WAY OF EXAMPLES ONLY, MAGAZINE ARTICLES AND OTHER TV AND ONLINE PROGRAMMES). PLEASE MAKE SURE YOU ARE COMPLETELY COMFORTABLE WITH THIS AS IT WILL NOT BE POSSIBLE TO REMOVE YOUR PHOTO OR COMMENT ONCE THEY HAVE BEEN USED.
- We will be collecting your submissions and deciding with Grayson Perry which photos and comments to use. We can't promise that your photo or comment will be used. The decision in relation to selection and use of photos and comments (if any) for use in the Programme is entirely at our and Channel 4’s discretion.
- Accordingly, in consideration of providing you with the opportunity to participate in the Programme, by submitting your photo and/or comment you irrevocably and unconditionally agree that we (and third parties authorised by us including but not in limitation Grayson Perry): ~ may use and distribute your photo and/or comment in any way we see fit in any and all media throughout the world in perpetuity in and in connection with the vases and the Programme (and any related publicity) without further liability or acknowledgement to you (and you hereby give us all necessary consents and waivers, (including waivers or moral rights) for such purposes);
- You and your photo and comment must comply with the following: You must be 18 years old or older and resident in the UK;
- You agree that participation is at your own expense and no fees, residuals or royalties shall be payable to you in relation to the Programme.
- You acknowledge and agree that neither we nor any of our assignees or licensees or Grayson Perry shall have any liability to you for any loss or damage arising out of or in connection with the use of your photo and comment in accordance with these terms to the extent permitted under applicable law.
- You agree that our rights under these terms may be freely licensed and/or assigned by us.
- We reserve the right to make changes to these terms from time to time. Please return to review these terms regularly as after we post any such changes, you will be deemed to have accepted the terms as modified.
- These terms shall be governed by and construed in accordance with English law and will be subject to the exclusive jurisdiction of the courts of England.
- Our contact details are as follows: Swan Films Ltd. Studio 91, Hackney Downs Studios, 17 Amhurst Terrace, London, E8 2B. Email: firstname.lastname@example.org . Our website can be found here: http://www.swanfilms.tv/.
~ shall be entitled to edit, manipulate, crop, adapt and create derivative works from your photo and comment in any way in our sole discretion;
~ may identify you by your name (if supplied), your Twitter or Facebook profile name, profile picture and use these and your comment and photo that you submitted in publicity, marketing and advertising for the Programme, the online videos and the vases and other connected material as we so elect.
~ Your photo and/or comment must be in accordance with Grayson's instructions and sent to us within the time frame stated in the relevant online video;
~ You must be the copyright owner of your photo or have obtained the copyright owner's permission for us to use it as set out in these terms;
~ You must obtain consent from all persons featured in your photos (including from the parent/guardians of any under 18s) for us to use their image and any other details you supply about them as set out in these terms (if we use your photo we will be entitled to ask for confirmation from you that you have obtained these consents);
~ Your comment must be your own original work and must not be untrue or misleading;
~ You must not include any third party material in your photo or comment unless you have obtained permission from the rights holder for it to be included and for it to be used as set out in these terms;
~ You must not include anything defamatory, unlawful, hateful, obscene or offensive in your comment or photo or anything that infringes the copyright or any other personal or proprietary right of any person, firm or company; and
~ Your social media message containing your photo and/or comment must also comply with the terms and conditions and policies of the relevant social media platform (e.g. Facebook or Twitter);