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OFFICIAL RULES: Great Canadian Band Challenge Online Band Contest (the “Contest”)
THE FOLLOWING CONTEST IS OPEN TO LEGAL RESIDENTS WHO ARE OF THE AGE OF MAJORITY IN THEIR PROVINCE/TERRITORY/STATE OF RESIDENCE (COLLECTIVELY, THE “ELIGIBILITY AREA”).
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES (”Official Rules”).
• 1. ELIGIBILITY:
You must be a legal resident of the Eligibility Area and of the age of majority in your province/territory/state of residence at the time of your entry. Void where prohibited by law. Employees and agents of my30seconds.com, Inc. Captive Media, RT7 Incorporated and all other sponsors and their affiliates, advertising and promotional agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with the Sponsor, collectively referred to as the “Promotion Entities”), and persons living in the same household as such individuals, whether related or not, are not eligible to participate or win.
• 2. REGISTRATION:
In the event of a dispute regarding the identity of the holder of the my30seconds.com profile, disputes will be resolved in favour of the individual who is both the authorized holder of the my30seconds.com user name and password associated with the account (based upon information submitted at the time the account was created or updated upon registration for this Contest) and, if available, the “authorized email account holder” of the “alternate email address” provided when the my30seconds.com profile was created. “Authorized Email Account Holder” is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address. If there is a discrepancy between the name of the person listed as the authorized holder of the my30seconds.com profile and the authorized email account holder of the alternate email address provided when the my30seconds.com band contest registration was completed, that my30seconds.com profile will be disqualified and the prize will be forfeited. The potential Grand Prize winner may be required to provide the Promotion Entities with proof that he/she is the authorized Account Email Account Holder as described above.
• 3. CONTEST DETAILS:
• 3.1 Dates
The Contest begins on June 1st, 2007 at 12:01 a.m. EST (the “Contest Start Date”) and ends September 30th, 2007 (the “Contest Period”).
• 3.2 Entry
Fill out the online entry from. You can create your my30seconds.com profile and upload your contest video and a band bio. The same or similar video may not be submitted more than once. Each band may only enter one video per sign up.
• 3.2.1 Video Format and Content
Each submitted video:
1. must be submitted in one of the following file formats: mpeg, dat, wmv, avi, mov, mpg or flv. If you do not have a video, you must create one for entry. You may find instructions on how to download a video creator on the Contest Site;
2. must be no more than 5 minutes in total running time;
3. must be less than 100 MB in file size;
4. must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Promotion Entities is suitable for all persons over the age of 13;
5. must not, in the sole and unfettered discretion of the Promotion Entities, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
6. must not, in the sole discretion of the Promotion Entities, contain any commercial content that promotes any product or service other than the Promotion Entities;
7. may be submitted only once;
8. must not contain any copyrighted works (other than as owned by the Contest Entrant)
9. must contain entirely original materials.
Each entry satisfying the requirements set out above and submitted in accordance with these Official Rules will, subject to the discretion of the Promotion Entities, be an eligible Contest video entry (”Contest Entry Video”).
• 3.2.2 Confirmation of Submission and Submitted Contest Entry Videos
Each Contest Entrant will receive an automated confirmation that his/her entrance into the contest. Each Contest Entrant is responsible for his/her Contest Entry Video, and the confirmation provided by the Promotion Entities does not confirm that the Contest Entry Video is functioning or complete.
Only eligible entries actually received by the Promotion Entities before the end of the Contest Entry Period will be accepted. Inaudible, incomplete, corrupted, garbled, or mutilated entries will be disqualified as well as entries that include material that is not original or otherwise fails to meet the standards set out above.
Automated entries (including but not limited to entries submitted using any bot, script, macro, or contest service), copies, third party entries, and/or mechanical reproductions are not permitted and will be disqualified.
• 4. SELECTION PROCESS
The final video will be selected in three phases, through a combination of judging by a panel of professionals and public viewing.
• 4.1 Phase One
• 4.1.1 Phase One Period
Contest Entry Videos will be displayed on the Contest Site from 12:01 a.m. EST on July 1st, 2007 until 11:59 p.m. EST on August 15th, 2007 (the “Phase One Viewing Period”), during which time the Public may comment and view the Contest Entry Videos.
• 4.1.2 Top 30 Video Selection
On August 15, 2007 the top 30 Contest Entry Videos with the most activity will be reviewed and judged by a eight (8) member panel (the “Judging Panel”). The Judging Panel will review and comment on all top 30 Contest Entry Videos.
The Judging Panel may/will be comprised of:
Aideen O’Brien - Director, Music Publishing - BMG Music Publishing
Erik Hodgson, Marketing Manager - Aquarius Records/ DKD Entertainment Group
Jeff Levine, Sr. National Account Manager - National Sales & Marketing - Corus Entertainment / Deep Sky
Brian Hetherman, President Curve Music/Cerberus Artist Management - President Music Managers Forum Canada
Tony Tarleton, Director, Associated Labels – EMI Music Canada
RJ Guha, Director/Artist Management – the Management Trust, Co-Founder – Kindling Music
and other special guest Judges to be determined.
• 4.2 Top 5 Bands
The Top 5 Videos will be announced at 12:01 p.m. EST (Noon) on September 5th 2007. The top 5 will be chosen based on blind votes cast for the entry. In the event of a tie, activity such as views, favorites and ranking will be used to make the decision.
• 4.2 Phase Two
• 4.2.1 Phase Two Period
The Top 5 bands will be notified on September 5th and will be scheduled to perform at a live event in Toronto, Ontario on September 27th and/or September 28th 2007.
4.2.2 Top 5 Bands Selection
The Top 5 bands will play to a live audience in Toronton on September 27th, 2007, the audience and Judges will vote for their favourite. The judges voting will be based on creativity of the music, stage presence, audience appeal and sound. See Section 4.1.2 above for details regarding the Judging Panel.
Phase Three
• 4.3 Phase Three
• 4.3.1 Phase Three Period
The elimination phase: September 28th, 2007 - all the votes will be tallied and scenes from the first concert will be shown to the audience. Four bands will be eliminated and the grand prize winner will be announced live by the Judges, and will perform live once again. The concert will end with a live preformance by a major headliner. (Headliner to be announced at a later date)
5. WINNER NOTIFICATION
The Grand Prize wining Band will be announced live on September 28th, 2007 at the live event.
The Winner must:
1. sign a declaration and release form which releases the Promotion Entities and each of their respective shareholders, directors, officers, employees and assigns (the “Release Form”); and
2. correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question before being declared the Grand Prize Winner.
The Release Form must be returned within the time period specified on the Release Form or the Grand Prize may be forfeited.
The Promotion Entities will contact the potential Grand Prize Winner within 3 business days of receipt of the duly completed Release Form to arrange for awarding of the Grand Prize. The Grand Prize Winner must provide any additional information that may be required by the Promotion Entities, except where prohibited by law.
In the event that:
3. the potential Grand Prize Winner does not duly complete the Release Form; or
4. the answer to the mathematical skill-testing question is incorrect, or
5. the potential Grand Prize Winner has otherwise failed to comply with these Official Rules the Judging Panel may select an alternate potential Grand Prize Winner from amongst the remaining Contest Entrants that submitted one of the Top 5 Videos (subject to the same eligibility and verification requirements described in these Official Rules).
A potential Grand Prize Winner who is disqualified for any reason will not be entitled to any form of compensation, and any and all rights to further participate or any prize in this competition will be forfeited.
The confirmed Grand Prize Winner will be announced at 12:01 a.m. on September 30th, 2007.
• 6. PRIZES
There will be one (1) grand prize awarded (the “Grand Prize”) consisting of:
$25,000 CAD
A live performance at the finale show
Opening Spot on a 6 city national tour
Captive/Universal Music distribution deal
Other music related prizes
Additional prizes to be added
• 6.1 Odds of Winning
The odds of winning the Grand Prize depend on the number of eligible entries received during the Contest Entry Period and the opinions of the Judging Panel and the Public Voters bearing in mind the Judging Criteria.
• 6.2 Grand Prize Restrictions
The Grand Prize may not be transferred or assigned except by the Promotion Entities. The Grand Prize must be accepted as awarded, without substitution, and is not transferable or convertible to cash and is not for resale. The Promotion Entities reserve the right in the event that the advertised Grand Prize (or any component thereof) cannot be awarded as described for any reason, to substitute another prize (or any component thereof) with another prize of equal or greater value without liability. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Grand Prize, are the sole responsibility of the Grand Prize winner. The Promotion Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Grand Prize awarded. The Promotion Entities make no representations or warranties concerning the appearance, safety or performance of the Grand Prize (or any component thereof). Restrictions, conditions, and limitations apply. The Promotion Entities will not replace any lost or stolen prize items.
• 7. CONDUCT
By entering the Contest, Contest Entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at the Contest Site throughout the Contest Period. Failure to comply with these Official Rules may result in disqualification from the Contest. Entrants further agree to comply with and be bound by the decisions of the Judging Panel, which will be final and binding in all respects. The Promotion Entities reserve the right, in their sole discretion, to disqualify any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Promotion Entities. website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Promotion Entities. property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
• 8. GENERAL CONDITIONS
This Contest is governed by the laws of the province of Ontario and the federal laws of Canada applicable in that province. The Promotion Entries may post videos or other materials featuring industry professionals to provide expert opinions/advice regarding short films, video production and other related topics. The views expressed by such individuals are their own and do not represent the views of the Promotion Entities or the Judging Panel. Each Contest Entrant retains ownership of any video he/she submits into the Contest. However, as a condition of entry into the Contest, each Contest Entrant:
1. WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO THE CONTEST ENTRY VIDEOS AND ANY ADDITIONAL MATERIALS HE/SHE IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH CONTEST ENTRY VIDEO, AND ALL UNDERLYING ELEMENTS OR OTHER WORKS INCORPORATED INTO THE VIDEOS INCLUDING, WITHOUT LIMITATION, THE MUSIC AND LYRICS PERFORMED
2. WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING, OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT REPRESENTS AND HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST ENTRY VIDEO OR ANY ADDITIONAL MATERIALS, TO GRANT THE RIGHTS TO THE PROMOTION ENTITIES OR WAIVE THE RIGHTS (AS APPLICABLE) AS DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE SUCH PERMISSIONS AND WAIVERS AVAILABLE TO THE PROMOTION ENTITIES UPON REQUEST;
3. WARRANTS AND REPRESENTS THAT HIS/HER CONTEST ENTRY VIDEOS AND ANY ADDITIONAL MATERIALS, ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED, HE/SHE HAS THE RIGHT TO SUBMIT THE CONTEST ENTRY VIDEOS AND ANY ADDITIONAL MATERIALS, AND IN DOING SO DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY;
4. WARRANTS AND REPRESENTS THAT HIS/HER CONTEST ENTRY VIDEOS AND ANY ADDITIONAL MATERIALS, DO NOT INCLUDE ANY CONTENT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, PORNOGRAPHIC, OFFENSIVE, INDECENT, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;
5. WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT HAS NOT ENTERED INTO ANY CONTRACTUAL, COMMERCIAL, SPONSORSHIP OR OTHER ARRANGEMENTS IN RESPECT OF HIS/HER MUSICAL OR PERFORMING ABILITIES OR THE PRODUCTS THEREOF OR IN RESPECT OF HIS/HER NAME, LIKENESS, IMAGE OR BIOGRAPHY WHICH MIGHT BE IN BREACH OF ANY OF THE OFFICIAL RULES OR OTHERWISE PREVENT THE CONTEST ENTRANT FROM PARTICIPATING IN THE PROGRAM OR THE BROADCAST, PROMOTION, EXPLOITATION OR SPONSORSHIP THEREOF;
6. irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contest Entrant’s name, address (city and province only), image, photograph, voice, likeness, statements, biographical material and Contest Entry Videos, including, but not limited to, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Contest Entrant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Promotion Entities, their licensees, or assigns, in the Promotion Entities’ sole discretion) in any media throughout the world for any purpose (including advertising, marketing, publicity and promotional purposes), without limitation, and without additional review, compensation, consideration, consent or approval from the Contest Entrant or any other party;
7. irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to use the Contest Entry Videos and any Additional Materials, for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Contest Entry Videos and any Additional Materials, in any media format or medium and through any media channels;
8. grants to others: (i) the non-exclusive license to access the Contest Entry Videos through the Contest Site or my30seconds.com Video Service; (ii) the ability for my30seconds.com users to rate, review, comment on and tag the Contest Entry Videos; (iii) the ability to embed my30seconds.com’s video player with the Contest Entry Videos on the my30seconds.com user’s web site; (iv) the ability for my30seconds.com users to send and distribute the Contest Entry Videos via e-mail or instant messenger; (v) the ability to access the Contest Entry Videos via my30seconds.com’s web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the Contest Entry Videos as permitted through the functionality of the my30seconds.com Video service and under the my30seconds.com Terms of Service (http://docs.my30seconds.com.com/info/terms/) and my30seconds.com Video
9. irrevocably agrees that he/she shall not receive any compensation or credit for submitting the submitted material to Promotion Entities, and understands that Promotion Entities and the general public may view the submitted material. The Contest Entrant further understands that the Promotion Entities and the general public may vote on, post comments in connection with, and view the submitted material on the Contest Site without limitation, and that the Contest Entrant shall not receive any compensation or credit for the same and will not object to or protest any such use or postings. The Contest Entrant acknowledges and agrees that once the Contest Entrant provides the Promotion Entities with the submitted material, it is at the Promotion Entities discretion whether and for how long to post it on the Contest Site for public viewership. The Contest Entrant understands that the Promotion Entities are not required to post the Contest Entrant’s submitted material on the Contest Site;
10. to the extent permitted by law, forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights including, without limitation, any rights that may otherwise preclude the Promotion Entities’ use of the entrant’s Contest Entry Videos or any Additional Materials, or require the Contest Entrant’s permission for the Promotion Entities to use them for promotional purposes, and agrees to never file a claim against or assert any claim against the Promotion Entities’ use of such Contest Entry Videos or any Additional Materials;
11. Acknowledges and agrees that (a) the Promotion Entities have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Videos or any Additional Materials, in theme, idea, plot, format, characters and/or other respects; (b) the Contest Entrant will not be entitled to any compensation or other consideration because of the use by the Sponsor of any such similar or identical material, ideas and/or concepts; and (c) the Promotion Entities’ use of material containing elements similar to or identical with those contained in the Contest Entry Videos or any Additional Materials, shall not obligate the Promotion Entities to negotiate with nor entitle the Contest Entrant to any compensation or other claim; and
12. agrees to indemnify, release, and hold the Promotion Entities and their respective parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnities”), harmless from any and all claims, injuries, losses, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnities arising out of or in connection with (a) any Contest Entry Videos or any Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such Contest Entry Videos or Additional Materials); (b) any breach by the Contest Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service; (c) the Contest Entrant’s conduct during and in connection with this Contest, including but not limited to trade-mark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for or participating in any prize-related activity.
• 9. LIMITATIONS OF LIABILITY
The Promotion Entities assume no responsibility for lost, late, misdirected, illegible, or mutilated entries, or for theft, destruction or unauthorized access to, or alteration of, entries. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. The Promotion Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among all eligible entries received prior to the cancellation.
• 10. PRIVACY
By entering the Contest, you agree to the Promotion Entities. use of your personal information for the purpose of administering the Contest.
• 11. CONTEST TERMINATION
The Promotion Entities reserve the right to terminate or suspend the Contest or to amend the Contest at any time and in any way, without prior notice and without liability.
• 12. SPONSOR
my30seconds.com Captive Media Networks RT7 Incorporated. 312 Adelaide St West Toronto Ontario M5V1R2 |
