This policy applies to proposals, ideas, concepts and suggestions for programmes ("Proposals") submitted to Sky plc ("Sky"). This policy is in place to avoid any misunderstandings as to what are Sky's rights and obligations with respect to each Proposal and the submitter (defined as "You" or "Your" in the rest of these Terms and Conditions).
Please read the following terms (“Terms”) before submitting a Proposal. By submitting a Proposal you agree with Sky to the Terms and that such Terms shall apply to the submission of your Proposal.
1. RECEIPT OF PROPOSAL. Sky will receive and consider Your Proposal only if You have submitted Your Proposal in accordance with these Terms and the instructions provided by Sky on its Commissioning and Ideas submission web page.
2. YOUR OWNERSHIP OF THE PROPOSAL: You warrant that the Proposal is Your own original work, that You have not copied or derived any portion of it from any other person or entity, and that You have the complete legal right to submit it to Sky and doing so will not infringe any third party's rights or give rise to any claim.
If Sky decides to develop and/or commission Your Proposal, the parties will negotiate and sign an agreement or agreements which will include standard industry terms including additional warranties and an indemnity.
3. WRITTEN FORM: Sky will only accept Proposals in written form submitted in accordance with Sky's online submission process but You can attach taster video and audio files (subject to file size limitations). If a Proposal is submitted which is not suitable for the receiving commissioning team they may, in rejecting it, suggest a more appropriate commissioning team to consider it, for you to submit your idea to.
4. DISCLOSURE NOT CONFIDENTIAL. You acknowledge that Sky may disclose the Proposal to its employees, and possibly to others in order to evaluate it. It is understood that no confidential relationship is entered into or created by any reason of the submission, receipt and/or consideration of the Proposal by Sky or by reason of any oral or written discussions, if any, between Sky or its employees and/or its contractors and You.
5. OTHER IDEAS. Sky, its employees and contractors develop many ideas of their own for the development of programmes, films and other audio-visual content, some of which may be similar to Your Proposal. You acknowledge that an idea that is new to You may not be new to Sky, or similar or identical ideas may be conceived independently by Sky, its employees and contractors and other people who submit ideas and Proposals to Sky.
6. PROPOSAL NOT RETURNED. Sky does not assume any obligation to return the Proposal to You. Therefore, You should keep a copy of Your Proposal, as well as a copy of these Terms and Conditions. Sky is not obliged to return physical materials (including but not limited to tapes, electronic files, scripts and DVDs) submitted with Your Proposal and it is Your sole responsibility to keep duplicates of any materials submitted to Sky.
7. OFFENSIVE MATERIAL: Sky reserves the right to delete any Proposals which are judged offensive, defamatory or libellous. Sky also reserves the right to automatically reject a Proposal which is substantially incomplete.
8. NO COMPENSATION. No agreement for compensation shall be implied from Sky's receipt, consideration or review of Your Proposal.
9. NO PREJUDICE. Any consideration of Your Proposal by Sky does not waive Sky's right to contest the validity of the copyright, trademark, or other intellectual property rights in the Proposal.
10. RELEASE AND LIABILITY. You expressly release Sky from any claim action or demand arising out of or in connection with the Proposal or these Terms and Conditions. Sky cannot accept any responsibility or liability for any damage, loss, injury or disappointment suffered by You as a result of Your submission of the Proposal.
11. FURTHER ASSURANCES. You agree to execute all documents, take all actions and assist Sky as required to implement these Terms and Conditions and to give full effect to the intention of the parties.
12. OTHER TERMS AND CONDITIONS. The terms and conditions of use of the website shall be in incorporated by reference into these Terms and Conditions. Sky may amend these Terms and Conditions from time to time by amending them online.
13. HOW SKY USES YOUR INFORMATION INCLUDING THE PROPOSAL. Sky shall process any personal data submitted by You in accordance with the Data Protection Act 1998. Sky will use Your personal details for the purpose of tracking and considering Proposals, administration and keeping Sky's contact records accurate and up to date. In addition Sky will archive Your proposal if it is rejected for the purposes of auditing Sky's proposal review process.
14. GOVERNING LAW. These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with laws of England and Wales. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.