The Program distributor is Seven Network (Operations) Limited (ABN 65 052 845 262) of 8 Central Avenue, Eveleigh, NSW 2015.
Seven Network’s 2023 series of “Australian Idol” (“Program”) sees contestants singing to compete against each other through the series to determine a final winner who will receive a Sony Music record deal.
Viewers can participate by voting for the contestant (“Contestant”) who they believed had the best singing performance on the night (“Performance Show”) or who they wish to see continue competing in the Program via SMS (“SMS Voting” or “SMS Vote”), as advertised during the broadcast of Australian Idol on Seven Network in 2023 (“Voting Service”). The voting results of the SMS Voting will be shared during the broadcasts of Australian Idol following the Performance Shows (“Results Show”).
- SMS Voting is open to users who are connected to the Telstra, Vodafone, Optus, or Virgin mobile digital networks and participating service provider customers with standard SMS compatible mobile digital phones and plans.
- Only Australian residents are eligible to vote using the Voting Service. Unless otherwise stated, all timing is in Australian Eastern Daylight Time.
- Residents under the age of 18 must obtain the prior permission of the bill payer and of a parent or guardian over the age of 18 to vote.
- SMS Voting is unlimited per person/device. Standard text message rates apply. Ansible Pty Ltd SMS Helpline 1300 851 914.
- To cast an SMS Vote for your favourite Contestant who you would like to keep in the Program’s competition, using the Voting Service, you must send a text message from your mobile handset, with the name of the Contestant (as stated on screen during the broadcast of Australian Idol) you would like to vote for to 0457 500 700.
- When registering your SMS Vote, you will not receive a reply to confirm your vote has been received, however, all valid votes cast in accordance with clause 4 and 5 within a Voting Period will be counted.
- Votes registered using SMS Voting will be charged at the standard text message rate as dictated by the individual’s phone plan and is the responsibility of the individual.
- You must ensure that all care is taken when using the Voting Service. It is your responsibility to ensure that you SMS the correct Contestant name, including the correct spelling of that Contestant name. The Seven Network, Huzzah Productions and/or Ansible Pty Ltd (the “Voting Service Provider”) will not be liable for costs incurred, responses received or any other consequences of user error.
- Viewer voting for each SMS Vote will open and close at the respective dates and times as promoted during the Program and on 7plus.com.au (7plus website) (“Voting Period”). Viewers will be notified of each Voting Period during the broadcast of relevant episodes of the Program and also via the 7plus website.
- Each Voting Period will be an individual voting period and will not include viewer SMS votes from any other Voting Period. Votes will open and close for the individual period and only votes received during that period in line with clause 8 will be counted. Votes will not be carried over.
- The opening and closing times for the Voting Service using SMS voting may vary. Under no circumstance will Huzzah Productions, Seven Network or the Voting Service Provider accept any responsibility or liability for costs incurred or any other consequence as a result of a viewer submitting an SMS Vote prior to or after the respective voting lines have been announced as opened and/or closed. This also includes and is not limited to errors made as a result of time differences between time zones in Australia. Seven Network and Huzzah Productions reserve the right to amend the voting times at any stage as a result of but not limited to changes in the broadcast time of Australian Idol by Seven Network.
- Seven Network, Huzzah Productions, and the Voting Service Provider reserve the right to keep all voting tallies confidential. No results other than what is required for the purpose of the format of Australian Idol will be released to the public. The voting tallies will be verified at the time of the voting by an authorised third party representative.
- Any SMS Votes submitted and received by the Voting Service Provider’s database before or after the specified voting period has closed will not be included in the vote tally for that Voting Period.
- Except where not able to be excluded by law: a) all content for the Voting Service is provided “as is” and without warranties of any kind, either express or implied, b) Your mobile telephone carrier and its suppliers, Seven Network, Huzzah Productions and the Voting Service Provider expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Neither your mobile telephone carrier nor the Seven Network, Huzzah Productions or the Voting Service Provider warrants that access to the Voting Service will be available, uninterrupted, free from delay or error-free or that any defects will be corrected.
- In order to provide a valid SMS Vote:
a. Entrants must submit their SMS entry via a mobile phone with an Australian mobile number.
b. The SMS message must have passed through an Australian Telecommunications carrier’s network to the Voting Service Provider’s database.
c. Automated votes submitted via computer modems, programs, or any other means other than a mobile phone as specified above will be deemed invalid.
d. If you are unsure about access to these SMS Voting mobile services, please check with your mobile telephone service provider.
- In the absence of block, manipulative, unrepresentative or disproportionate voting patterns, one valid SMS Vote will count as one vote, however Seven Network, Huzzah Productions and the Voting Service Provider reserve the right in their sole discretion to disqualify or discount: –
a. Any votes however cast (or individuals from voting), that tamper with, or attempt to tamper with, the Voting Service and/or the voting process, or
b. Any votes however cast (or individuals from voting, who) which corrupt or affect (or attempt to corrupt or affect) the administration security, fairness or integrity or proper conduct of a SMS Vote, the Voting Service and/or the voting process, or
c. Any votes that Huzzah Productions, Seven Network or the Voting Service Provider considers to be manipulative, unrepresentative, disproportionate, obscene, or offensive.
- SMS votes will be charged at standard text message rates and will appear on your next mobile bill. All queries relating to mobile bills should be directed to your mobile or telephone carrier.
- All information, text, audio, material, graphics, software and advertisements contained in or forming the Voting Service (the “Content”) are the property of the Seven Network and Huzzah Productions, its suppliers and/or licensors (including your telephone carrier) unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised in writing by the Seven Network and Huzzah Productions.
- SMS Voting is not a guaranteed delivery communication tool. Seven Network, Huzzah Productions and the Voting Service Provider cannot accept responsibility for any votes or messages not received, or for any failure or delay in the delivery of the message due to technical disruptions, network congestion, network failures or for any other reason. A vote is validated and included in the tally following receipt into the Voting Service Provider’s database from the Telecommunications carriers.
- Voters acknowledge that if a Contestant for which they have voted is eliminated, disqualified or saved from public vote from Australian Idol for any reason (in respect of which Huzzah Productions’ and Seven Network’s decision is final and no correspondence will be entered into) then SMS Votes made for any such Contestant will not count in determining any Contestant’s progress or position in the competition for Australian Idol.
- Under no circumstance will Huzzah Productions, Seven Network or the Voting Service Provider be responsible for any fault, malfunction, damage or loss suffered by any third party (including viewers) due to unforeseeable circumstances, failure of technical or electrical facilities, strike, lock-out, dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, COVID-19, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation or other act or events of a similar or different nature beyond their reasonable control.
- Huzzah Productions, Seven Network or the Voting Service Provider do not control all of the services relating to the broadcast of the Programme or a vote and cannot guarantee the broadcast or availability of the Programme or the Voting Service will be free from errors or omissions nor that the Programme or the Voting Service will be available uninterrupted and operate in full or as advertised. These services may be suspended temporarily and without notice in the case of any problem with any telephone network or line, system, server, software, or for any technical malfunction or failure, maintenance, or repair or for reasons beyond the control of Huzzah Productions, Seven Network or the Voting Service Provider. Neither Huzzah Productions, Seven Network or the Voting Service Provider will be liable to viewers or to any other person in the event that any vote is lost, delayed, or not properly received, registered or recorded or where all or any part of the service relating to a vote is discontinued, modified or changed in any way or that a viewer is unable to watch the Program or to vote for any reason.
- Entry is open to all residents of Australia where the Channel Seven and affiliate signal is received. Employees and their immediate families of Seven Network (Operations) Limited, Huzzah Productions Australia Pty Ltd, Ansible Pty Ltd and their associated agencies and companies are not eligible to vote.
- In order to vote, viewers must watch Australian Idol and submit a valid SMS Vote, as outlined in Clause 5, during a Voting Period as announced during the Program. Each valid vote made will constitute one entry into the Voting count for the corresponding Voting Period.
- The opening and closing of the voting lines will be at the discretion of Seven Network and Huzzah Productions but will be clearly communicated during the Program. The time of entry will in each case be the time the SMS Vote is received by the Service Provider database and not at the time of transmission. Entries must be received during the Voting Period to be included in the vote.
- At the end of the Performance Shows, prior to Voting Periods 1 – 3 opening, the judges will select one Contestant per Voting Period to be saved from the viewer voting (“Judges Save Contestant”) for that individual Voting Period only. Any SMS Votes made for any Judges Save Contestant will not count in determining any Contestant progress or position in the competition during that Voting Period only. There will be no Judges Save Contestant in Voting Period 4 and the Grand Final Voting Period.
- At some point during the Results Shows, determined at the discretion of Huzzah Productions, for Voting Periods 1 – 3, the Voting Period will be announced as closed during the Program. Once the Voting Period is closed, the two (2) Contestants with the lowest amount of SMS Votes will be eliminated from the Program’s competition.
- At some point during the Results Show for Voting Period 4, determined at the discretion of Huzzah Productions, the same process will take place as stipulated in clause 30, however the three (3) Contestants with the least amount of SMS Votes will be eliminated.
- The Grand Final Results Show will have three (3) remaining Contestants. At some point during the Grand Final Results Show, determined at the discretion of Huzzah Productions, the Grand Final Voting Period will be announced as closed. Once the Grand Final Voting Period is officially closed, the Australian Idol 2023 Winner will be announced during the Program.
- In the event of a tie, the Vote rank result will be determined by the voting snapshot, taken at the commencement of that Voting Period Results Show.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Huzzah Productions, Seven Network or the Voting Service Provider’s ability to proceed with the live voting mechanic and in the manner described in these terms and conditions, including but not limited to technical malfunction, power failures, tempests, natural disasters, COVID-19, acts of God, civil unrest, strike, war, act of terrorism, Huzzah Productions, Seven Network or the Voting Service Provider may in their absolute discretion cancel the voting mechanic of the competition and the SMS Vote result of Australian Idol will be decided by the
most recent logged snapshot of the SMS Vote rank taken by the Voting Service Provider, or, in the unlikely event there is no access to previous SMS Voting tallies, the result will be determined by the judges vote, which will be announced on air.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Huzzah Productions, Seven Network or the Voting Service Provider’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, pandemic, COVID-19, Huzzah Productions, Seven Network or the Voting Service Provider may in their absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
- The Seven Network, Huzzah Productions, Ansible Pty Ltd, and their associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Program (including any error or omission in the Program content), the broadcast or failure to broadcast or receive the Program or any part of the Program, any change to the Program time (whether scheduled or unscheduled), the Voting Service, and the Competition (including the use of any prize), except for any liability which cannot be excluded by law. The Seven Network, Huzzah Productions and Ansible Pty Ltd, and their associated agencies and companies are not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
- Huzzah Productions, Seven Network or the Voting Service Provider reserves the right in its sole discretion to disqualify any individual who Huzzah Productions, Seven Network or the Voting Service Provider has 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 voting period. Huzzah Productions, Seven Network or the Voting Service Provider’s legal rights to recover damages or other compensation from such an offender are reserved. In this case, the individuals vote will not be counted towards the overall total.
- The Seven Network, Huzzah Productions and Ansible Pty Ltd, and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
- If for any reason this Voting Service or the competition is not capable of running as planned, due to causes including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Huzzah Productions, Seven Network or the Voting Service Provider, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Voting Service, or for any other reason, Huzzah Productions, Seven Network and/or the Voting Service Provider reserves the right in its sole discretion to disqualify any individual who tampers with the Voting Service and/or process, take any action that may be available, and to cancel, terminate, modify or suspend the Voting Service, subject to any written direction given under State Regulation.