OFFICIAL RULES: “IT’S YOUR SHOT” ONLINE TALENT CONTEST (the “Contest”)
THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA (EXCLUDING RESIDENTS OF THE PROVINCE OF QUEBEC) (THE “ELIGIBILITY AREA”).
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
ENTRY IN THIS CONTEST CONSITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES (“Official Rules”).
1.2. Individuals who are employees of, or live with an employee of, or are a parent, sibling or child of an employee of, the following entities are not eligible to participate in the Contest: Slaight Music Inc. and MapleCore Ltd. (collectively, the “Hosts”), the Judges, their respective advertising and promotional agencies, any person or entity connected with the production, administration or judging of the auditions or the Contest, including any potential affiliated auditions or competitions held by radio stations, and the parent companies, affiliates, subsidiaries, agents or representatives of any of the above entities.
1.3. No Contestant will be permitted to participate without having evidenced their agreement to these Official Rules via the applicable “It’s Your Shot” website "click-thru" procedures.
1.4. The Contestant who is chosen as the potential winner of the Contest will be required to sign a declaration, release and discharge (the “Declaration”). Any Contestant under the age of majority in their province of residence must have their parent or legal guardian review, approve and sign the Declaration. Age of Majority is: 18 years in Alberta, Manitoba, Ontario, Prince Edward Island, and Saskatchewan and 19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon.
2. Contest Details and Uploading of Contestant Material
2.1. The Contest begins on June 15, 2012 at 12:01 a.m. EST. Entries must be received by July 31, 2012 at 11:59 EST.
2.2. In order to enter the Contest, Contestants will be required to record their own audiovisual performances ("Videos") or audio performances ("Audio Performances") and upload them to the upload site at [Itsyourshot.ca.] The Videos and Audio Performances will only be available for viewing and listening to Hosts and Judges.
2.3 It is a condition of entry and participation in the Contest that the Contestant have access to appropriate computers/devices with internet access and appropriate recording equipment for participation in the Contest.
2.4 Each submitted Video or Audio Performance:
a) must contain only content that, in the sole and unfettered discretion of the Hosts is suitable for all persons over the age of 13;
b) must not, in the sole and unfettered discretion of the Hosts, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
c) must not, in the sole and unfettered discretion of the Hosts, contain any commercial content that promotes any product or service other than the Host entities. Contestants should refrain from wearing any clothing items bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, in posting Videos;
d) may be submitted only once;
e) must not contain any copyright works (other than as owned by the Contestant);
f) must contain entirely original materials (i.e. no cover versions).
2.5 The Hosts take no responsibility for entries that are lost, misdirected, delayed, or received after the Contest deadline or any issues associated with trying to post content and any corruption that occurs thereto. Only one email address and account may be used by any person to enter the Contest. In the event that the Hosts receive more than one (1) entry per person, the Hosts reserve the right to void and destroy duplicate entries, and that Contestant may, at the sole discretion of the Hosts, be disqualified from the Contest.
2.6 The Hosts may, at their sole discretion, change the structure, process, timing, duration or any other aspect of the Contest, or terminate or suspend the Contest at any time and in any way without prior notice and without liability.
3.0 Selection Process and Prize
3.1 The winner will be decided by a 7 member panel of professionals comprised of two representatives of Slaight Music Inc., 3 representatives of MapleCore Ltd., 1 representative of Astral Radio, and 1 recording artist (the “Judges”). The Judges will select Videos and Audio Performances from a number of Contestants and will determine from this short list the final winner, in their sole discretion, based on criteria including creativity, originality, talent, and potential commercial appeal on radio and otherwise.
3.2 The winner will be displayed on the “It’s Your Shot” website August 17, 2012 and onward. “It’s Your Shot” will notify the winner as soon as is reasonably practical in advance of the August 17, 2012 announcement date. The winner will be displayed on the “Its Your Shot” facebook page, “It’s Your Shot” twitter account, and the home pages of the Hosts.
3.3 There will be one grand prize awarded to the winner (the “Prize”), consisting of a recording contract with Slaight Music Inc and MapleCore Ltd (the "Recording Contract") for the recording of a 6 original song EP (the "EP") as follows:
a) recording time in a studio with a professional producer (such producer to be decided by the Hosts) for the recording of the EP;
-CDN $2,500 in cash;
-The EP published by Slaight Music Inc;
-The EP marketed and made available on digital retail;
-The EP serviced to press and commercial radio via MapleCore Ltd.’s music publicity and promotion teams. Broadcasting of any or all of the EP is within the sole discretion of the radio stations to which it is serviced and is in no way in the control of the Hosts;
-A professional photo shoot provide by Barry Roden;
-A professional biography written by Karen Bliss;
-Development of artist website and social network pages;
-Artwork design and manufacture of 1000 cd's of the EP;
-Tour support for promotional appearance dates around launch of EP;
-Performance on Canada's Walk of Fame Emerging Artist Stage in 2013
The total approximate retail value of the prize is CDN$50,000.
(b) All other terms of the Recording Contract will be industry standard and will be contained in a deal memorandum presented to winner for signature in order to fulfill the Prize.
3.4. The odds of winning the Prize depend on the number of eligible entries received during the Contest and the opinions of the Judges, bearing in mind the judging criteria.
3.5 The Prize may not be transferred or assigned except by the Hosts. The Prize must be accepted as awarded, without substitution, and is not transferable or convertible to cash and is not for resale. The Hosts reserve the right in the event that the 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 Prize, are the sole responsibility of the Prize winner. The Hosts 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 Prize awarded. The Hosts make no representations or warranties concerning the appearance, safety or performance of the Prize (or any component thereof). Restrictions, conditions, and limitations apply. The Hosts will not replace any lost or stolen Prize items.
3.6 It is a condition of entry and participation in the Contest that the Contestant who wins the Prize, with the benefit of independent legal advice, enters into the following agreements, as may be provided by the Hosts, in their discretion: a recording agreement with a record company; a merchandising and sponsorship agreement; a music publishing agreement with a music publishing company; and a management agreement (the "Talent Agreements"). The winner shall also agree to restrictions on his/her ability to appear on television and other entertainment media as well as read, approve and sign the Release Form for the winner. Should the Contestant for any reason fail to enter into these agreements (or any of them) the Hosts reserve the right to disqualify the Contestant from the Contest.
4. General Terms and Conditions
4.1 Each Contestant retains ownership of any Videos and/or Audio Performances he/she submits in the Contest. However, as a condition of entry and participation in the Contest, each Contestant:
(i) WARRANTS AND REPRESENTS THAT THE CONTESTANT OWNS ALL LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO THE CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS HE/SHE IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH CONTEST VIDEO AND/OR AUDIO PERFORMANCE, AND ALL UNDERLYING ELEMENTS OR OTHER WORKS INCORPORATED INTO THE VIDEOS INCLUDING, WITHOUT LIMITATION, THE MUSIC AND LYRICS PERFORMED;
(ii) WARRANTS AND REPRESENTS THAT THE CONTESTANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING, OR, ALTERNATIVELY, THAT THE CONTESTANT REPRESENTS AND HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST VIDEO AND/OR AUDIO PERFORMANCE OR ANY ADDITIONAL MATERIALS, TO GRANT THE RIGHTS TO THE HOSTS OR WAIVE THE RIGHTS (AS APPLICABLE) AS DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE SUCH PERMISSIONS AND WAIVERS AVAILABLE TO THE HOSTS UPON REQUEST;
(iii) WARRANTS AND REPRESENTS THAT HIS/HER CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS, ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED, HE/SHE HAS THE RIGHT TO SUBMIT THE CONTEST VIDEOS AND/OR AUDIO PERFORMANCES 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;
(iv) WARRANTS AND REPRESENTS THAT HIS/HER CONTEST VIDEOS AND/OR AUDIO PERFORMANCES 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;
(v) WARRANTS AND REPRESENTS THAT THE CONTESTANT 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 CONTESTANT FROM PARTICIPATING IN THE CONTEST OR THE BROADCAST, PROMOTION, EXPLOITATION OR SPONSORSHIP THEREOF;
(vi) irrevocably grants to the Hosts 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 Contestant's name, address (city and province only), image, photograph, voice, likeness, statements, biographical material and Contest Videos and/or Audio Performances, 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 Contestant and arising out of his/her participation in this Contest (with or without using the Contestant's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Hosts, their licensees, or assigns, in the Host' 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 Contestant or any other party;
(vii) irrevocably grants to the Hosts 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 Videos and/or Audio Performances and any Additional Materials, for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Contest Videos and/or Audio Performances any Additional Materials, in any media format or medium and through any media channels;
(viii) irrevocably agrees that he/she shall not receive any compensation or credit for submitting the submitted material to the Hosts, and understands that the Hosts and the general public may view the submitted material. The Contestant understands that the Hosts are not required to post the Contestant’s submitted material on the Contest site;
(ix) 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 Hosts' use of the Contestant’s Videos and/or Audio Performances or any Additional Materials, or require the Contestant's permission for the Hosts to use them for promotional purposes, and agrees to never file a claim against or assert any claim against the Hosts’ use of such Videos and/or Audio Performances or any Additional Materials;
(xi) acknowledges and agrees that (a) the Hosts 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 Videos or any Additional Materials, in theme, idea, plot, format, characters and/or other respects; (b) the Contestant will not be entitled to any compensation or other consideration because of the use by the Hosts of any such similar or identical material, ideas and/or concepts; and (c) the Hosts' use of material containing elements similar to or identical with those contained in the Contest Videos an/or Audio Performances or any Additional Materials, shall not obligate the Hosts to negotiate with nor entitle the Contestant to any compensation or other claim; and
(xii) agrees to indemnify, release, and hold the Hosts and their respective parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and any of their employees (collectively, the "Host Indemnitees"), 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 Host Indemnitees arising out of or in connection with (a) any Contest Videos and/or Audio Performances 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 Videos and/or Audio Performances or Additional Materials); (b) any breach by the Contestant of any warranty, agreement or representation contained in the Official Rules or terms of service; (c) the Contestant'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.
(xiii) has not entered into any contractual, commercial, sponsorship or other arrangements in respect of his/her musical, songwriting 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 release forms or the Contest Official Rules or otherwise prevent the Contestant from participating in the Contest and the Prize or the broadcast, promotion, exploitation or sponsorship thereof.
4.2 Contestants may be required to keep any and all information regarding the Contest completely confidential and may be prohibited from conducting any interviews or providing any comment or information to the public and the media without the prior consent of the Hosts.
4.3 The Hosts have the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Contest. All personal details and information requested by and supplied to the Hosts by each Contestant must be truthful, accurate and in no way misleading. The Hosts reserve the right to disqualify any Contestant from the Contest or auditioning process in its sole discretion, should the Contestant at any stage supply untruthful, inaccurate or misleading personal details and/or information or should the Contestant be ineligible for the Contest pursuant to the Contest Rules.
4.4 By entering the Contest, you agree to the Hosts’ use of your personal information for the purpose of administering the Contest.
4.5 The Contestant must at all times behave appropriately when taking part in the Contest and observe the Contest Official Rules and any other rules or regulations in force from time to time. The Hosts reserve the right in their absolute discretion to remove from the Contest, its premises or location any Contestant who breaks such rules and/or fails to behave appropriately and to disqualify such Contestant.
4.6 In the event of any dispute concerning the operation of any element of the Contest or the Contest Official Rules, the decision of the Hosts will be final.
5. Limitations of Liability
The Hosts assume no responsibility for lost, late, misdirected, illegible, or mutilated entries, or for theft, destruction or unauthorized access to, or alteration of, entries. The Hosts 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 Hosts 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 Hosts 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 Hosts which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Hosts reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest and select a winner from among all eligible entries received prior to the cancellation.