Marco Pierre White's Kitchen Wars - The Rules
These are the competition rules ("Rules") for the television series “MARCO PIERRE WHITE’S KITCHEN WARS’ (“the Competition”).
The Competition will involve couples who run restaurants. The couples will go head to head against each other, putting their cooking skills and ability to run a restaurant service to the test. The winner of the competition will be judged by Marco Pierre White.
Please note: ANY INFORMATION YOU HAVE RECEIVED FROM CHANNEL 5 PRODUCTIONS ABOUT THE PROJECT ‘MARCO PIERRE WHITE’S KITCHEN WARS’ IS STRICTLY CONFIDENTIAL AND ANY DISCLOSURE OF SUCH INFORMATION WILL RESULT IN THE TERMINATION OF YOUR APPLICATION
A. Qualifying Contestants
B. The Competition
C. Prizes
D. General
A. Qualifying Contestants
1. The Competition is produced and organised by Channel 5 Broadcasting Ltd, 10 Lower Thames Street, London, EC3R 6EN (‘Producer’).
2. By entering the Competition, entrants hereby warrant that all information submitted by them is true, current, accurate and complete. The Producer reserves the right to verify the eligibility of all entrants and if it is found that the information submitted is not accurate then the production reserves the right to remove the couple from the Competition.
3. By entering the Competition, contestants agree to be bound by these Rules together with any specific instructions and additional terms for such Competition which may be communicated to entrants in any way from time to time (“Competition Information”). Such Competition Information includes but is not limited to a ‘Questions and Answers’ document and briefing documents at each stage of the Competition which will be made available to successful entrants in due course throughout the production of the programme which is proposed for broadcast on Channel 5 (‘Programme’). Such Competition Information shall prevail in the event of there being any inconsistency between these Rules and any Competition Information.
4. The Producer reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules. By entering the Competition, entrants will be deemed to have (i) agreed to be bound by these Rules; and (ii) declared that all information provided by them in their application and subsequent interviews is truthful, accurate and in no way misleading. The Producers reserves the right to exclude any entry from the Competition at any time and in its absolute discretion if the Producers have reason to believe that an entrant has breached these Rules, any law or third party’s rights.
Eligibility
5. To be eligible to enter the Competition each entrant and Couple (as defined in these Rules) must satisfy each of the criteria set out in these Rules.
6. Each entrant must apply and compete as a couple (‘Couple’). The Couple must currently work together in the same restaurant. Each Couple must have a business relationship and a well established personal relationship. For example a Couple could be husband and wife, siblings, son and father, or friends. Couples may be required to provide information and documents to the Producers to prove that the Couple has a well established personal relationship. The Couple must comprise of one head chef and one front-of-house person responsible for hosting and serving meals.
7. All entries to the Competition and completed application forms which are sent by post must be received by the Producers by no later than 5pm on 9 March 2012 to be considered by the Producers. Entries received after this time and date may not be considered by the Producers. Notwithstanding the above, limited numbers of applications may be accepted by the Producers on the date of each audition at or near the venue of the audition providing a completed application form is provided to the Producers prior to the Couple’s audition that day.
8. Each entrant and couple must be a UK (including Channel Islands and Isle of Man) resident and/or have a valid working visa. The Producers reserve the right to ask entrants and couples for proof of their residential and work eligibility status and failure to satisfy this requirement may lead to the entrants and Couples being excluded or disqualified from the Competition.
9. Entrants and Couples must be physically able and capable to undertake the preparation of their recipes and the delivery of service to diners. The Producers reserve the right to ask entrants and couples to submit to medical or other tests so as to verify their suitability and fitness to participate in the Competition and filming.
10. Each Couple must be running a restaurant as a valid and registered on-going business concern. Couples taking part in the Competition should have the relevant documentation and licences (including in respect of food hygiene and health and safety) required by UK law and/or regulatory bodies to run a restaurant, and must submit such documentation to the Producers upon request.
11. A restaurant can include any establishment which prepares and serves meals (including a cafe to a high-end eaterie). The restaurant must be independently owned and operated and not part of a franchise or major chain (i.e. the restaurant should not have more than 4 outlets). All food served at the restaurant must be prepared, cooked and served at that restaurant by the Couple. The Couple must be in control of the day-to-day operation of the restaurant. Where the Couple do not own the restaurant the Couple should only be subject to limited direction from the owner in respect of the operation of the restaurant.
12. Each Couple must be capable of preparing and delivering a 3 course meal to paying diners.
13. Entrants must be at least 18 years old as of 20 February 2012 (‘Date’) to be eligible to take part in the Competition.
14. One or both members of each Couple must be the owner of the restaurant of which they are representing in the Competition or have obtained permission from the owner of the restaurant to represent the restaurant and/or company in the Competition and to be filmed in the course of the production of the Programme. Each Couple will be required to submit to the Producers confirmation that they have the relevant permission to enter and participate in the Competition. The Producers reserve the right to conduct any checks it deems appropriate to verify that permission from the owner(s) of the restaurant has been granted. Entrants and Couples may be excluded from the Competition if they fail to satisfy the Producers that they have the relevant permission and authority to enter this
Competition and to participate in it.
15. Entrants must not be employees or members of their immediate family of Channel 5 Broadcasting Limited and/or any of their respective agents and/or companies within the Northern & Shell Group (comprising the Northern & Shell Broadcasting Limited group of companies and the Northern & Shell Network Limited group of companies).
16. Entries will not be acknowledged on receipt. Entries cannot be returned, so contestants are encouraged to keep a copy. Proof of sending is not proof of receipt.
17. Each member of a Couple will be required to sign a contributor release prior to them participating in the Competition and filming. The Producers will provide Couples with a copy of the contributor release in due course. Each member of a Couple will be required to sign a further contributor release prior to them progressing to the Studio Heats which will include additional terms including minimum press commitments.
18. Proof of ID (including age) and residence will be required prior to the audition stages of the Competition as referred to in these Rules.
19. Entrants must disclose to the Producers any criminal convictions, legal proceedings and/or investigations of any kind whatsoever of which they are involved in (including criminal investigations and investigations in respect of food hygiene and food safety) and agree to notify the Producers immediately if they are charged with a criminal offence or become involved in any legal proceedings or formal investigations during the production of the Programme and including up to the date of its proposed transmission.
20. The Producers are unable to reply to all applicants individually. The Producers cannot guarantee to audition everyone who applies and/or turns up on the day of auditions at the relevant venue of the audition. The Producers reserve the right to hold open auditions in accordance with details to be published in advance.
21. To enter the Competition applicants must complete an application form. An application form must be completed and submitted to the Producers prior to a Couple participating in an audition and prior to them being filmed. Any information that the Couple is given by the production team about the programme must be kept confidential, including the progress of their application and what stage, if any, they have reached in the Competition. If a Couple does not adhere to this rule the Producers may exclude them from the Competition in their absolute discretion.
22. The Competition is split into three stages. Stage 1 is the Regional Auditions. Stage 2 is the Studio Heats. Stage 3 is the Grand Finale.
23. STAGE 1- THE REGIONAL AUDITIONS:
(a) Prior to each Regional Audition event, the Producers will provide auditioning Couples with details of what will happen at that Regional Audition and what is expected of the Couples.
(b) The Regional Auditions will take place in a mobile kitchen at one of four locations in the UK in February and/or March 2012.
(c) A Couple may be invited to a Regional Audition by one of the following procedures:
(i) The Producers may, in their discretion, select from all received applications a pool of Entrants. The responses provided by the Entrants in their completed application forms may be taken into account by the Producers before deciding which applicants to include in the pool of Entrants. The pool of Entrants may then be invited to audition at a Regional Audition at a venue in the UK on a date to be advised; or
(ii) Some Couples may turn up on the day to one of the Regional Auditions. The Producers may then, in their discretion, approach potential entrants through a variety of methods and sources and invite them to apply to the Competition and to audition. Potential entrants approached in this manner must complete and submit an application form prior to their audition; or
(iii) Some Couples may be invited to audition by Marco Pierre White on the day of a Regional Audition. Potential entrants approached in this manner must complete and submit an application form prior to their audition; or
(iv) Some Couples may receive a visit at their restaurant from Marco Pierre White. Such Couples may not be advised of this visit in advance. Potential entrants approached in this manner must complete and submit an application form prior to their audition.
(d) Regardless of the method of Couples being invited to audition at the Regional Audition stage, those Couples invited to audition will be required to prepare a dish for Marco Pierre White. The Couple will prepare their dish at the mobile kitchen located at the Regional Audition and/or at their restaurant. In some cases, Marco Pierre White may, in his discretion, invite a Couple to prepare a dish at the mobile kitchen located at a Regional Audition and again at that Couple’s restaurant.
(e) the number of auditionees invited to each Regional Auditions will depend on the number of suitable applications as determined by the Producers and Marco Pierre White in their discretion.
(f) No fees or expenses will be paid/reimbursed for attending and/or participating in Regional Auditions and each Couple shall be solely responsible for such fees and expenses. For the avoidance of all doubt each Couple shall be responsible for the cost of food, drink, entertainment, travel and accommodation. Notwithstanding the above, in exceptional circumstances and upon request from a Couple in advance, the Producers may in their discretion agree to provide to that Couple reasonable accommodation for 1 night upon request.
(g) At the Regional Auditions, Couples selected to audition will be required to prepare a dish for Marco Pierre White in accordance with clause 23(d) above. The recipe for the dish must be each Couples’ own original creation and must be submitted to the Producers in advance of their Regional Audition (‘Recipe’). The Producers’ home economist will assess the suitability of each Recipe for the Competition in its discretion. Marco Pierre White will taste the Couple’s dish and may offer it to members of the public to taste. Marco Pierre White may ask the Couple questions about the restaurant they are representing, look at its menu and decide, in his discretion, who should go through to the Studio Heats and who should not. Marco Pierre White’s decision will be based on his assessment of each dish (taste, presentation, creativity, originality), the communication skills of the Couple (i.e. with themselves and with others), levels of customer service provided by each Couple and his general impressions of the restaurant based on its description and menu.
(h) There will be a period of at least 1 week between the end date of the Regional Auditions and the commencement of the Studio Heats and during this period the Couples must submit a number of original recipes to cover the two rounds that each Couple may subsequently have the opportunity to compete in (i.e. the Studio Heats and Grand Finale) (“Further Recipes”). If a Further Recipe is deemed by our home economist to be unsuitable for the Competition in his/her sole discretion, the Couple will be required to submit an alternative Further Recipe. The Producers reserve the right to reject or amend any Recipe submitted to the Competition. Entrants understand and agree that all recipes submitted to the Producer, including the Recipe and Further Recipes, may be used by Channel 5 and its authorised agents in connection with the Programme and its broadcast and any promotional materials.
(i) Each member of a Couple will be required to sign a further contributor release prior to them progressing to the Studio Heats which will include additional terms including minimum press commitments.
24. STAGE 2- STUDIO HEATS:
(a) At some stage prior to the Studio Heats, the Producers will provide each Couple selected by Marco Pierre White with the exact dates of the Studio Heats, details of what will happen at the Studio Heats and what is expected of the Couples at the Studio Heats.
(b) There are a total of 4 Studio Heats in the Competition.
(c) 12 Couples will be competing in the Studio Heats. There will be an unlimited number of reserve couples who may replace the Couples in the event they are unavailable or unable to compete or to continue to compete in the Studio Heats.
(d) The Studio Heats will be held in a studio in London.
(e) Couples chosen by Marco Pierre White to compete in the Studio Heats must be available for 2 consecutive days between 28 March to 8 April, 2012 (inclusive) (‘Period’). If a Couple chosen by Marco Pierre White to compete in a Studio Heat is unavailable for 2 consecutive nights during the Period the Producers will make reasonable efforts to accommodate the availability of the Couple during the Period however will be under no obligation to provide that Couple with alternative dates. For the avoidance of doubt, if a Couple is unavailable during the Period the Producers reserve the right, in their discretion, to find a couple to replace that Couple in the Studio Heats.
(f) The Couples chosen by Marco Pierre White to compete in the Studio Heats will be provided with a junior kitchen assistant to assist each Couple’s Head Chef prepare their meals during the Studio Heats.
(g) Standard class travel and reasonable budget accommodation will be paid for Couples invited to the Studio Heats and Grand Finale. Accommodation will be provided for up to 3 nights in a location close to the studio. Travel will be provided from the town/city nearest to the Couple’s registered residential address to a train station/airport in or around London as selected by the Producers. The producers will provide meals and drinks at the Studio Heats and Grand Finale. No additional fees or expenses will be paid for by the Producers or reimbursed to the Couples for attending and/or participating in the Studio Heats or Grand Finale and each Couple shall be solely responsible for such fees and expenses.
(h) As stated above in these Rules, all Recipes and Further Recipes must be the Couples’ own original recipes. Over the course of two consecutive days the Couples will be filmed preparing, cooking and then delivering service to 25 diners. The Producer’s home economist will assess the suitability of the Recipes and Further Recipes in advance of filming in the studio.
(i) The Producers will supply to the Couples the ingredients and kitchen equipment reasonably required by the Couples to compete in the Studio Heats providing the Couples have submitted their request to the Producers in advance and subject at all times to the Producers’ prior approval. Requests must be submitted as soon as possible after the Couple’s Regional Audition and no later than 7 days prior to the Couple’s Studio Heat. All Couples selected to compete in the Studio Heats will be given the same budget for ingredients and will be notified of the amount of the budget prior to their participation in the Studio Heats.
(j) Each dish prepared by the Couples during the Studio Heats will be judged by Marco Pierre White in his discretion but no marks will be issued. Marco Pierre White’s judgement of each dish will be based on criteria including (but not limited to) creativity, originality, taste and presentation. Marco Pierre White will also judge the Couple’s communication skills (i.e. with each other and with others) and the service on criteria including (but not limited to) efficiency, presentation, ambience and the personableness of the front of house team.
25. STAGE 3- The Grand Finale
(a) One Couple from each Studio Heat will be selected by Marco Pierre White to compete in the Grand Finale (‘Grand Finalist’). There will be a total of 4 Grand Finalists competing in the Grand Finale to be the winner of the Competition.
(b) Each Grand Finalist will be given details by the Producers as to what will happen at the Grand Finale and what is expected of them.
(c) Each Grand Finalist will be the Couple from each Studio Heat who, in Marco’s opinion, prepares and/or cooks the best meal and delivers the best quality service during their Studio Heat. Marco Pierre White will apply the same judging criteria as set out above in relation to other stages of the Competition in his absolute discretion. Marco may also consult with others (including diners in the studio during the Studio Heats) and ask for their feedback before making his decision. Marco may decide which information he thinks is relevant in selecting each Grand Finalist to compete in the Grand Finale in his absolute discretion.
(d) The Grand Finale will occur over 2 consecutive days and will take place no less than 3 days after the completion of the Studio Heats. The Grand Finale is currently scheduled to take place on 12 and 13 April, 2012. These dates are subject to change as notified by the Producers. If a Couple is unavailable to compete in the Grand Finale on each date of the Grand Finale the Producers reserve the right, in their discretion, to replace that Couple with another couple to compete in the Grand Finale.
(e) Towards the end of the Grand Finale, Marco will announce which Grand Finalist is the overall winner of Marco Pierre White’s Kitchen Wars (the ‘Competition Winner’). Marco Pierre White will apply the same judging criteria as set out above in relation to other stages of the Competition in his absolute discretion. Marco may also consult with others (including diners in the studio during the Grand Finale) and ask for their feedback before making his decision. Marco may take into consideration each Grand Finalist Couple’s previous performances in the Competition in deciding who should be the Competition Winner. Marco may decide, in his discretion, which information he thinks is relevant in selecting the Competition Winner.
26. The Couple who is selected as the Competition Winner will receive a brass trophy/plaque engraved with the title of ‘Marco Pierre White’s Kitchen Wars Winner, 2012’.
27. The Producers’ decisions on all matters relating to the Competition (including without limitation, the awarding of any prizes, the judges, the Rules, disqualifications and eligibility) shall be at the sole discretion of the Producers and shall be final, binding and not subject to challenge or appeal. The Producers reserve the right to cancel or amend the Competition or the Rules without notice.
28. The Producers reserve the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of the Producers that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.
29. The Producers may cancel or amend this Competition and/or any Competition Information and/or these Rules without prior notice. Any changes will be provided within either the Competition Information or these Rules which may be redistributed to entrants and Couples from time to time.
30. By submitting an application to the Competition and/or participating in filming each entrant (and their companion who is a party of the Couple) is consenting to the use of their personal information by the Producers for the purpose of the Programme. The Producers may share this personal information to other Channel 5 employees, contractors and agents for the purpose of producing and promoting the Programme. The Producers (or any third party nominated by the Producers) may exercise their sole discretion to use the Competition Winner’s (and (if applicable) their companion's) name, address, and image and their comments relating to the Prize and Competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
31. For the avoidance of doubt, the use of personal data received by the Producers in the course of producing the Programme are subject to Channel 5’s privacy statement which can be found at http://about.channel5.com/privacy. The Producers may use each entrants’ details in the course of producing the Programme and may contact entrants by email or telephone regarding their application and filming (if any). The Producers will ensure that any personal information collected from an entrants’ application (including from any subsequent filming) will be used in accordance with the Data Protection Act 1998. The Producers will store any personal information (including any filmed material) collected about the entrants safely and will only retain their information for as long as is necessary for the purpose for which it was collected. All entrants’ information will then be securely deleted. The Producers will not use any entrants’ personal information for any purpose not specified in these Rules without their prior consent.
32. Any personal data relating to contestants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.
33. Neither the Producers nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the Competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the Competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by Channel 5 or any third party), virus, bugs, or other causes outside its control.
34. Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted.
35. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by the Producers will be void. An entry to the Competition will be deemed to be an invalid entry where an entrant has evaded payment of the applicable entry charges when entering the competition or, in the case of postal entry, has failed to pay and affix the correct postal charges.
36. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the Competition (in the case of postal entries, a postal strike for example), network or phone system, the decision of the Producers shall be final and no correspondence will be entered into.
37. The Producers will not be liable to reimburse expenses incurred in making an entry in any competition. Where the Producers decide in their sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. The Producer reserves the right to refuse to refund any messages where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the Competition (for example, in exceeding the maximum number of entries).
38. In the event that any contestant does not, or is unable to, comply with these Rules, the Producers shall be entitled at its sole discretion to disqualify such contestant, without any further liability to such contestant. In these circumstances, any prize(s) won by the contestant may be forfeited and the prize donors reserve the right to reclaim any prize(s) already distributed to the contestant. Any contestant must comply with any directions given to him or her by the Producers including but not limited to any and all relevant laws, rules and regulations, and where applicable, compliance with the Ofcom Broadcasting Code.
39. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. The Rules shall otherwise remain in full force and effect.
40. The Competition and the Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
