American Idol does it too, just on a bit lesser scale. Before the Idol contestants ever see one of the three stooges, they are screened. And part of that screening process is purposefully to pass through some of the very worst talent so that Simon can say awful things to and about them.
Just a quock FYI. Several posters claiming to be participants have posted on the official boards, and this is what they claim was in the contract:
*“I Understand that by participating in the competition, I may be embarrassed, shocked, humiliated and /or suprised and that sponsor may use or reveal personal information which may be embarrasing, shocking, unfavorable, humiliating, disparaging, and/or derogatory, may subject me to public ridicule and/or condemnation, may portray me in a false light, and that sponsor may make misrepresentations unintentionally or intentionally concerning the competition and/or the nature of the competition. These misrepresentations may be made by, without limitation, the following sponsor, sponsor affiliates, sponsor’s hosts, any members of the panel, other participants and any other parties connected to the competition.
I Understand this is an important legal document relating to my participation in the competition, and by signing this document I am waiving legal rights I may have against sponsor, sponsor affiliates(as hereinafter defined) Broadcasters of the competition, and others”. *