Network TEN Studio 10 Interval Weight Loss Challenge with Dr Nick Fuller Terms and Conditions 1. Network Ten Pty Limited, (Network Ten) and Dr Nick Fuller ( the Promoters ), will be hosting an INTERVAL WEIGHT LOSS TM Challenge (IWLC) to find participants (Applicants) who are willing to work with Dr Nick Fuller for a period of 12 months implementing Dr Nick Fuller s Interval Weight Loss TM Challenge. 2. There will be three phases to this application process: a. Applicant entry phase b. Shortlisting of five (5) Applicants, c. Successfully selected Applicants will take part in the IWLC under the supervision of Dr Nick Fuller over a 12-month period. 3. Applicants agree that Studio 10 producers, Dr Nick Fuller and/or their representatives will have the right to vet the applicants, contact any applicant and call/email the Applicant if they are considered an appropriate Applicant. 4. Applicants agree to the following; i. To be filmed live in studio on body weight scales and to consent the sharing of any related medical data such as blood tests showing cholesterol level and blood sugar level as part of the broadcast; ii. To be filmed in your private residence including fridge and pantry; iii. To be taken and filmed grocery shopping; iv. To commit to an eating plan; v. To be filmed in your home cooking meals; vi. To be filmed in your day-to-day life, including friends and families; vii. To be put onto an exercise plan which will be filmed during training; viii. To be available to travel to Studio 10 studios at Network TEN, Pyrmont, NSW, once a month to weigh in and for an updates; ix. To be committed to the above for a minimum of 12 months. Timeframes 5. Applications will open at Wednesday 22 nd November, 2017 at 0800 AEDT and close at 15.00 AEDT on Sunday 10 December, 2017. 6. Applicants, if they are selected to participate in the IWLC, must be able to attend Network Ten s Premises, 1 Saunders Street, Pyrmont NSW 2009 for a casting call on or within one month of the closing date. Lodging an Application 7. If you wish to participate in the IWLC you must be a resident of NSW or ACT, Australia and be 18 years of age or older. 8. Employees and their immediate families of Network Ten, and their associated agencies are ineligible to apply. 9. You may lodge one application per person. 10. Applicants will be required to complete an application form found at www.tenplay.com.au. Applicants will also be required to provide personal information and respond to questions, including but not limited to, the following: Page 1 of 5
Name, gender, age, address, email, height (cm), weight (kg), body mass index (BMI), Lowest Body Weight as adult (>18 years of age), Highest Body Weight as Adult (>18 years of age), Number of Years at Highest Body Weight, Number of Years Dieting, Number of Diets followed (count all diets you have ever followed), Average Weight Gain Per Year, Number of Years of Increasing Weight, 11. To make a valid application, Applicants must agree: a. To work with Studio 10 to promote their weight loss journey in a public forum as requested. b. To being filmed for 12 months from the start of the process. c. To be available for an in studio appearance once a month in Sydney. d. To read Dr Nick Fuller s Interval Weight Loss prior to the commencement of the participation in the IWLC so there is a good understanding of how the program works. e. To the Terms and Conditions 12. There is no charge for applying online, however internet connection rates may apply. The cost of accessing the promotional website will be dependent on the entrant s individual internet Service Provider. Shortlisting and Finalists 13. Up to five (5) finalists will be selected from all applications received. Each of the five (5) finalists may be required to provide proof of identification prior to being confirmed as a finalist. Failure to provide this identification in the requested timeframe will mean the finalist is deemed invalid and a new finalist is shortlisted. 14. To determine a suitable candidate, an Applicant may be required to answer more detailed medical questions with Dr Nick Fuller after the online application process has closed. This includes, but is not limited to, medical information including medications and/or the condition being treated, medical conditions, and various health related questions. 15. Dr Nick Fuller, or a representative of the Promoters or Studio 10, may also contact any Applicant to telephone interview or Skype interview them for further information or to verify their application to the final preferred shortlist candidates. Conducting such telephone or Skype interview/s does not create any obligation on the Promoters to select the interviewed applicant as a finalist. 16. A panel of judges will determine the five (5) finalists who best meet the judging panel s selection criteria gained from the information provided in the entrant s application and telephone or Skype interview. The judging panel s decision is final and no correspondence will be entered into regarding the finalists selection. 17. Finalists must be able to attend the Studio 10 finalists event at a date to be determined in consultation with the finalists held at Studio 10, Network Ten, 1 Saunders Street, Pyrmont NSW 2009. 18. Finalists may be required to provide an image or video of themselves for use in the finalist selection stage. 19. Finalists agree to participate in media requests, blogging and social media and other publicity requests conducted by and for use by The Promoters, their associated agencies and companies throughout the promotion. Finalists may be required to work with The Promoters to promote their participation in the above and through their own network. 20. There will be no fee payable or direct financial benefit from Finalists participation in this activity. Any costs incurred, including transport costs, to and from any appearance at Page 2 of 5
Studio 10, Pyrmont, NSW, is the responsibility of the Finalist and no compensation will be forthcoming. Promotion of Finalists 21. Each finalist agrees to give the Promoters permission for their image and/or video and/or story to be used by Network 10 in any media and online indefinitely. There will be no fee payable or direct financial benefit from the Finalist s participation in this activity. Entitlements 22. There will be a maximum of five (5) Finalists who will participate in the IWLC. If the IWLC is unavailable, for whatever reason, the Promoters reserve the right to cancel the IWLC at any time. 23. The Promoter makes no guarantees regarding the success of the IWLC. The IWLC or any unused portion of any IWLC, are not exchangeable or cannot be redeemed for cash. The IWLC cannot be used in conjunction with any other service provided by Dr Nick Fuller. Finalists should seek independent medical advice prior to the acceptance or participation in the IWLC. General 24. The Promoters decision is final and the Promoters will not enter into correspondence regarding the results. 25. The Promoters reserve the right to refuse to allow an Applicant to take part, or to continue to take part, in any or all aspects of the application if the Promoters determine, in their absolute discretion, that a successful Finalist is not in the mental or physical condition necessary to be able to safely participate in the IWLC. 26. Finalists may be required to sign a legal or medical release in a form determined by the Promoters in its absolute discretion. Refusal to sign such legal release may prohibit the finalists from participating in the IWLC. 27. Finalists may be required to participate in a Medical Check as directed by The Promoters or Dr Nick Fuller during the shortlisting process. The finalist will be responsible for covering the cost of the Medical Check. The Finalist may be required to provide the Promoters with the results of the Medical Check. Refusal to participate in a Medical Check may prohibit the finalists from participating in the Promotion. The results of the Medical Check may prohibit the finalists from participating in the IWLC. 28. The Promoters and their associated companies or nominees reserve the right to request Applicants to provide proof of age, identity, residency or other relevant consents. Identification considered suitable for verification is at the discretion of the Promoters. 29. An entry that is made on behalf of an Applicant by a third party will be invalid. 30. The Promoters reserve the right in their sole discretion to cancel modify or suspend the process at any time if for any reason it cannot go ahead as planned. 31. The Promoters accept no responsibility for any applications lost in transit or not received by the application closing time due to technical disruptions or any other reason beyond the control of the Promoters. 32. To the extent permitted by law, The Promoters exclude liability for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on telephone networks or lines. Page 3 of 5
33. The Promoters reserve the right, at any time, to verify the validity of entries and to disqualify any Application which, in the opinion of the Promoters, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of the Promoters, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoters. The Promoters reserve the right to disqualify an Applicant if the Promoters become aware that the Applicant/s entry is of a type described in this clause. 34. The Applicant warrants to the Promoter the entry submitted is a true representation of the Applicant. The Applicant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. 35. The Promoters reserve the right in their sole discretion to disqualify any individual who the Promoters have reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the IWLC. The Promoters legal rights to recover damages or other compensation from such an offender are reserved. 36. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights. 37. Independent medical advice should be sought as health implications may arise as a result of accepting and participating in the IWLC. 38. You are providing your information to Network TEN and to Dr Nick Fuller. The information you provide will only be used to determine the participants for the IWLC and for other uses deemed reasonable, and as outlined in these Terms and Conditions. 39. All entries become the property of the Promoters. The Promoters collect personal information about you to enable you to participate in the IWLC and for the other purposes outlined therein in these Terms and Conditions, but no further use of this information will be made without prior consent. 40. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ( Non- Excludable Guarantees ). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including its respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion. 41. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoters control); (b) any theft, unauthorised access or third party interference: (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoters)due to any reason beyond the reasonable control of the Promoters; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize. Page 4 of 5
42. If this Application is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoters, the Promoters reserve the right, in their sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 43. With your express consent to do so (i.e. by ticking the box to confirm opting in to being contacted by Dr Nick Fuller), Dr Nick Fuller will handle your personal information (e.g. first name, last name, address, suburb, state, postcode, phone number, email address, gender, age and weight details) in accordance with their Privacy Policy which can be accessed at https://www.intervalweightloss.com.au/privacy-policy. The Interval Weight Loss Privacy Policy may be updated from time to time and it will be the Applicant s responsibility to keep up to date with any changes to the Privacy Policy. 44. You consent to The Promoters collecting your personal information for the purpose of conducting and promoting this IWLC (including but not limited to determining and notifying the finalist/s and participation in the IWLC). Your personal information may be disclosed to third party service providers for this purpose. A request to access, update or correct any information should be directed to the Promoters. If you are not willing for this to occur, you cannot participate in the IWLC. 45. The Promoters are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and by entering the Competition, you (the entrant) are taken to consent to Network Ten Pty Limited s privacy policy which contains information, amongst other things, about how you may access personal information that is held by Network Ten Pty Limited about you and seek correction of such information. See www.tenplay.com.au/privacypolicy to view Network Ten Pty Limited s APP Privacy Policy and in full The APP Privacy Policies also contain information about how you may complain about a breach of the APPs, or a registered code that is binding on our organisation and how Network Ten Pty Limited will deal with such complaints. We may disclose your personal information to related entities and third party service providers outside Australia. 46. The Promoters are Network Ten Pty Limited (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont NSW 2009 and Dr Nick Fuller c/- Charles Perkins Centre, University of Sydney/Royal Prince Alfred Hospital, NSW 2006. Page 5 of 5