Terms & Conditions
Contest: The contest as described on the Website
Entrant/Performer: An individual or group of individuals entering a Contest via the Website
Platform/System/Website: The website available at theglobaltalentcontest.com or theglobaltalentcontest.co.uk
Service: The service available via the Website
User/You: Any individual or group of individuals accessing the Website
Voter: An individual casting a vote in support of a Performer
We/Us/Our: The Service known as TGTC, The Global Talent Contest
Winner(s): Performers deemed to have received enough votes to be allocated a prize.
These terms and conditions (the "Terms") constitute a legally binding contract between You (the User), and Us. Please read these Terms carefully as they explain the legal relationship between You and Us and will govern your use of the Platform and the services made available through it. By accessing or using the Platform and/or any content, materials or services made available through it You are agreeing to be legally bound by these Terms.
We reserve the right to change these Terms from time to time at our sole discretion. We recommend that You read through the Terms available on the Platform from time to time, so that You can be sure that you are aware of the latest version.
1.If You are browsing the Platform and have not yet submitted a form or engaged in our services, Your use of the Platform will still be subject to these Terms.
2. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
3. No other agreement, representation, statement or promise of any kind shall form part of, alter, vary, supersede or operate as a waiver of these Terms unless expressly made or accepted by an allocated representative of TGTC in writing.
4. After submitting an entry form and paying the entry fee, Performers shall not be able to edit or adjust information submitted on the entry form or be entitled to a refund on the entrance fee under any circumstances.
5. Following the submission of a voting form and the payment of the voting fee, Voters shall not be able to edit or adjust information submitted on the voting form or be entitled to a refund on the voting fee under any circumstances.
6. Payments are made in Pounds sterling via third party online payment providers. If the payment is made from outside the UK, the payer may be required to pay an additional fee to the payment processor to account for an exchange rate in currencies or the third party processing charges.
7. Any refund of any monies from Us to a claimant shall not under any circumstances be deemed to be an admission of any liability on Our part to the claimant (or to any third party) and shall be without prejudice to Our rights, which We hereby reserve in full.
8. Fees payable to Us by Users submitting Our forms and using Our services are detailed on Our website.
Who can use Our Service
9. You must be 18 years or over to use Our Service and Performers and Voters must be 18 years or older to participate in any contest.
10. Performers may submit their entry as an individual or as a group. In the case of a group performance winning a prize, the prize will be issued to the named representative on the entry form and any division of the winnings between group members is the responsibility of the group.
11. We reserve the right to refuse to accept any Performer’s entry into a contest which We deem, in Our reasonable discretion, to be in violation of these Terms, or which We are instructed to refuse to accept by any court or law enforcement or regulatory authority. In such cases no refund will be issued.
12. In using Our services and/or submitting an entry or voting Form You confirm that you are legally entitled to do so.
13. Our service involves the provision of an entry form and a voting form, which are available to all adults (aged 18 and above) of any gender, ethnicity, religion or sexual orientation, subject to:
13.1 Any Users resident outside the UK accept that some jurisdictions may not allow the entry into contests. It is the responsibility of Users to ensure entering the Contest is not in breach of any laws of their location.
13.2 We accept no liability for any damage or costs relating to forms submitted or entries into contests which are later found to be invalid due to the laws of jurisdictions outside the UK not recognising or allowing them. In such an event, no refund will be issued to the Performer/Voter.
Using our service
14. You may not assign, sub-license or otherwise transfer any of Your rights and obligations in these Terms to any other person.
15. You agree that when using the Platform you will not:
15.1 Disclose personal information about others without permission;
15.2 publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
15.3 upload files that contain software or other material which are the intellectual property rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
15.4 upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
15.5 impersonate others or submit false information;
15.6 use software or any other means to harvest information from the Platform;
15.7 do or omit to do anything that, in Our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other Users of the Platform; or (iii) materially prejudices Us or the Platform.
16. You agree to comply with all reasonable instructions that We may give You regarding Your use of the Platform.
17. You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
18. In using Our service, You agree that We shall not be liable for:
18.1 Any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or
18.2 any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data; or
18.3 in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Platform or the services provided through it; (ii) any failure or delay in the use of any component of the Platform or any service including, without limitation, any unavailability of the Platform or the services provided through it irrespective of the duration of any period of unavailability; and (iii) any use of or reliance upon any ads, information, material, or other products or services offered through the Platform, in all cases even if We have been forewarned of the possibility of such loss or damage.
19. You agree that all information You submit to Us will be truthful and accurate and You will maintain the accuracy of this information.
20. You agree that the forms and documentation provided by Us, either via Our Platform or in writing are to be used only as part of the service We provide and not to be adjusted, sold, licensed or used in any way outside of the provisions made by Our Platform without Our express permission in writing.
21. Voters may cast an unlimited number of votes for any performer in any one transaction or as multiple transactions, and may vote for an unlimited number of performers.
22. Performers may cast votes for their own performance.
23. Although We do our utmost to ensure a reliable service, We do not guarantee that the Platform will always be available or error free, that defects will be corrected, or that the Platform or the server that makes it available are or will be always free of viruses or other harmful components.
24. Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
The service we provide to you
25. We reserve the right to withdraw or discontinue any product or service at any time at our sole discretion.
26. Our total aggregate liability to You under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed total payments You have made directly to us for services offered to You through the Platform in the 12 months preceding your claim.
27. These Terms set out the full extent of Our obligations and liabilities concerning the Platform and the services offered through it and replace any previous agreements and understandings between Us and You.
28. These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
29. If We decide not to exercise or enforce any right that we have against You at a particular time, then this does not prevent Us from later deciding to exercise or enforce that right.
30. You agree that We may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control and We shall not be liable to You in any way for such suspended access.
31. These Terms, including their subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Allocation of prizes
32. The contest’s first prize shall be issued to the performer having received the highest number of votes at the close of the contest.
33. The contest’s second prize shall be issued to the performer having received the second highest number of votes at the close of the contest.
34. The contest’s third prize shall be issued to the performer having received the third highest number of votes at the close of the contest.
35. The first prize shall be calculated as 30% of the gross revenue generated from all voting fees received, worldwide (after an allowance is applied to the gross revenue amount in anticipation of third party processing fees).
36. The second prize shall be calculated as 20% of the gross revenue generated from all voting fees received, worldwide (after an allowance is applied to the gross revenue amount in anticipation of third party processing fees).
37. The third prize shall be calculated as 10% of the gross revenue generated from all voting fees received, worldwide (after an allowance is applied to the gross revenue amount in anticipation of third party processing fees).
38. Winners of our contests will receive prize winnings via a BACS transfer. Winners are responsible for ensuring the information they submit upon request of their account information is true and correct. We take no responsibility for payments made to incorrect accounts, if those errors are a result of incorrect information being submitted to Us by the Winner. In the event that incorrect account information is submitted by a Winner we reserve the right to (at our discretion) reclaim the winnings payment, remake the payment to the correct account, or select the next highest vote performer as recipient of the associated winnings.
39. Winners of a contest (or the individual who is representative of a group performance) must have a current bank account in their sole name to be eligible to receive a prize and the name on the account must match the name entered on the contest entry form.
40. If a Winner is found to be in breach of any of these terms, their entry into the contest shall be discounted and the prize(s) shall be reallocated to the next highest voted eligible Performer(s).
41. We will attempt to contact Winners via the email address submitted with their entry form, within 14 days of the close of the competition.
42. If We have been unable to contact a Winner or a Winner has not responded to contact and provided confirmation of information required for a BACS transfer of their winnings within 90 days of the close of the competition, the allocated winnings to that performer shall be reabsorbed into the gross revenue for the next contest.
Selling the Platform/website to a new owner or terminating the Platform
43. We reserve the right to remove the Platform or cease the provision of our Service at any time in Our sole discretion for any reason whatsoever.
44. Termination of these Terms, howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.
Affiliates and third party advertisements
45. This Platform may contain links and references to other websites and services operated by third parties that are not under Our control. We make no guarantees, warranties or representations whatsoever about any third party websites that You may access through this Platform, or any services that may be provided through such third party websites.
46. Without limiting the foregoing, please note that any third party websites that You may access by clicking on a link available on our Platform are in no way approved, vetted, checked or endorsed by Us and you agree that we shall not be responsible or in any way liable to You for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites. If You choose to access any such third party website that We do not control, You do so entirely at your own risk. In addition, please note that your use of any such third party website may be subject to that third party’s additional terms and conditions.
47. We use third party payment providers to enable our payment processing. In using Our services, and making payments through these third party providers, you agree to their terms and conditions, over which We have no control.
Managing the Contest
48. We reserve the right to adjust Our price structure at any time and without notice.
49. In the event that there is a tie within the top three prize positions, the allocated prize winnings for that prize position(s) shall be shared between the tied Winners.
50. We may, at Our sole discretion, introduce promotional offers and voting incentives from time to time to encourage participation.
51. In the event that a Performer enters a Contest, but through error, their entry is not displayed on the voting page, We will endeavour to add their entry to the voting page as soon as possible upon being notified of it, but no compensation shall be offered for loss of voting time. It is the Performer’s responsibility to check their entry is listed on the voting page at the start of the voting stage.
52. We will display an update on the voting numbers for the 20 most popular performers, approximately 3 weeks before the closing date of the Contest. Voting numbers for the 3 most popular Performers will then be displayed as results at the end of the Contest
53. Only votes accrued via the use of the TGTC voting form shall be counted as valid contest votes. Voting forms must accurately show the stage name of the Performer for which the vote(s) is(are) allocated. Any ambiguity regarding the information displayed on the voting form shall render the vote invalid but shall not give rise to a refund of such votes.
54. Only votes received between midday on the first day of the voting stage, up to midday on the closing date of the Contest will be counted.
55. We make no assurances as to the legitimacy of the Performers entering Our contests and make no judgement regarding their performance. Winners shall be identified based purely on the number of votes received from voters.
56. Performers’ stage names and a link to their performances will be displayed on the voting page. Other personal information such as full names and email addresses shall not be made publicly available without explicit consent of the Performer.
Entering the Contest
57. Performers must complete the entry form in full and pay the associated entry fee and provide a valid, publicly visible link (or links) to their performance on Youtube, their Social Media account(s) or personal portfolio/website.
58. We reserve the right to disqualify without refund any performance which We deem offensive or inappropriate. However, we take no responsibility for any offence caused to viewers as a result of material posted by entrants into the Contest.
59. Performers may also request at any time to have their entry removed from the Contest voting page. In the event that a Performer’s entry is removed for any reason, any voting fees applicable to the votes accrued by that Performer shall remain part of the gross Contest revenue and shall not be refunded.
60. In the event of more than one Performer submitting the same stage name, duplicate stage names shall be automatically differentiated and adjusted to include a (number) alongside the stage name. This full, adjusted stage name shall be considered the stage name required to be entered on the voting form.
61. Entries to the Contest must be made by the Performer personally in the case of an individual performance, or by an individual member of a group in the case of a group performance, with the express permission of the rest of the group.
62. Performers may submit more than one entry into the Contest, but each entry will be viewed individually. Votes shall be allocated to individual entries and not accumulated across more than one entry for any Performer/group.
63. The nature of the Contest means supplying goods or services within 30 days does not apply. Entrants to Contests accept that since the nature of the Contests listed on the Website run for a several weeks and the allocation of prizes are completed after this time, the usual Consumer Protection (distance selling) Regulations 2000 do not apply to the Contests listed on the Website.
Your privacy and Personal information
64. In using Our services, You grant Us permission to process the data You provide, such as Your name, date of birth etc and all other information provided by You during the registration processes.
65. When You make an enquiry or submit one of Our online forms, We may ask You to provide certain personal information including Your full name, email address, home address, contact number. We store the information and details of Your contact to help Us resolve issues.
66. Email addresses and other contact information provided to Us by Performers, Voters or Users of the Website may be used by Us to contact You regarding the functionality of the site, updates to Terms and Conditions, or other ongoing changes to our services, which we feel You would want to know about.
67. Previous Winners’ details may be used in future marketing material, at Our discretion, unless the Winner(s) contact Us and requests, in writing that their details are not to be published. This instruction must be received before the printing or publication of such material has been undertaken.
We may disclose Your information if reasonably necessary: (i) to comply with a legal process, such as a court order or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
68. We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our Users, business partners or other interested parties; (iii) to enforce our agreements with You; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
69. Your privacy is of utmost importance to Us and We would not intentionally breach the confidentiality of our Users. You should be aware that online services involve the transfer of information between devices and servers, which may or may not be located within the UK.
70. We may use Your information for Our legitimate interests, such as provide You with the best suitable content of the Website, emails and newsletters, to improve and promote Our products and services and the content on Our website, and for administrative, fraud detection and legal purposes.
71. We may rely on Your consent to use Your personal information for certain direct marketing purposes. You may withdraw Your consent at any time by contacting Us.
72. Performers submitting an entry into a Contest have the opportunity to opt out of their performance being included in marketing and social media posts by us. If no opt-out option is selected, we shall assume that a Performer grants permission for their performance to be included in such posts and marketing.
73. We reserve the right to take steps We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You acknowledge and agree that We may, without liability to You, access, use, preserve and/or disclose your information and content to law enforcement authorities, government officials, and/or a third party, as We believe is reasonably necessary or appropriate, if legally required to do so or if We have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Us, our Users, a third party, or the public as required or permitted by law.
74. When You visit Our website we may also collect information on an ongoing basis through on-line analytics tools about what pages You access or visit, and information about Your use of Our site, for example the pages viewed, the website from which You came to visit Our site, changes You make to information You provided to Us and your transactions.
75.We may use Your information for the following purposes:
75.1 In the normal course of Our business, on the basis that processing is necessary in order to provide Our Services;
75.2 to allow Us to analyse Your personal preferences and personalise Our Services to You;
75.3 to communicate with You including sending You information about products and services which We think may be of interest to You. You will be able to opt-out of such communications at any time by contacting Us.
75.4 to validate Your information to check that the data We hold about Our customers is accurate, consistent and up to date on the basis that processing is necessary in order to provide Our services;
75.5 to comply with any legal obligations to which We are subject.
With whom We share Your information
76. The information and data We collect is important to Us and personal to You, and We would not want to share this with anyone else. Unless We have your express consent, We will never disclose, rent, trade or sell your personal data to any third parties for their marketing or mailing purposes, save for;
76.1 in the event that TGTC is transferred as part of a business sale or transfer, the information We hold may be included as part of the transfer or sale.
76.2 We only store your personal information for as long as necessary for the purposes listed under in these Terms and to meet Our legal obligations.
77. Access to your personal data: You have the right to request a copy of any information which We hold about You. If You wish to receive a copy of this information please contact Us.
78. Right to withdraw: Where You have given your consent for Us to use your personal data for the purposes of marketing and making You aware of Our products and services, You may withdraw your consent at any time by contacting Us.
79. Rectification: You may ask Us to rectify inaccurate information held about You. If You would like to update the data We hold about You, please contact Us with your request.
80. Erasure: You may ask Us to delete your personal data. If You would like Us to delete the personal data We hold about You, please contact Us, specifying why You would like Us to delete your personal data.
81. We will treat all of your information in strict confidence and We will endeavour to take reasonable steps to keep your personal information secure once it has been transferred to Our systems. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, and data stored on our IT systems, the website(s) and associated databases.
Trademark information and propriety rights
82. Any TGTC trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that You shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.
83. You acknowledge and agree that TGTC and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to You as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with these Terms. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.