These rules and regulations (the “Rules”) apply to the 2013 FOX VANCOUVER SEEDS COMPETITION (“SEEDS”), a musical talent search competition. For the purpose of these Rules, SEEDS begins at 6:00 p.m. Pacific Time (“PT”) on May 27, 2013 and ends on disqualification or, in the case of a Finalist, at 11:59 p.m. PT on August 19, 2013 (the “Competition Period”).
SEEDS is open to vocalists or musical groups, all members of which are residents of British Columbia, who have attained the age of nineteen (19) at the time of entry, who have access to the internet and are the rightful owner (or have authorized use of) the email address provided on the Entry (as defined below) and who otherwise meet all of the rules, regulations and conditions set out hereunder (an “Entrant”). If an Entrant does not have Internet access via a personal computer, a local library or Internet café may be able to provide access to the Internet at no cost and a number of Internet service providers and other companies offer free email accounts.
All Entrants must be legally entitled to work in and able to travel across and possibly outside Canada. Sponsor Entities reserve the right to request, at any time, valid proof of age (e.g. birth certificate). Employees, shareholders, officers, directors, agents and representatives of CFOX-FM (“The Fox”), Corus Entertainment Inc., (“Corus”), Supernova Interactive Inc. (“Supernova”), Labatt Brewing Company, (collectively, the “Sponsors”), or of any affiliate of any of the foregoing (collectively, the “Sponsor Entities”), the Agency Group Ltd., Secret Weapon Touring Inc., Dave Spencer Management Inc., the Nimbus School of Recording Arts, and the applicable liquor authorities, together with immediate family members and/or household members of such persons, are not eligible to enter SEEDS. For purposes of these Rules, "immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, and "household members" shall mean those people who share the same residence at least three months a year.
Long & McQuade Limited (“Long & McQuade”) is a prize provider only for SEEDS, and is not a Sponsor of, involved in or responsible for, the operation or administration of the SEEDS. For avoidance of doubt, employees of Long & McQuade, together with immediate family members and/or household members of such persons are eligible to enter SEEDS.
The liquor authorities are not connected with SEEDS and are not liable in any way with respect thereto.
NOTE: Only one (1) Entry per person/performing group/email address is permitted during the Competition Period. For greater clarity, the same person may not enter SEEDS as a solo artist and also as part of a duo and/or group. Multiple Entries from the same person or email address will be discarded. If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person during SEEDS; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter SEEDS; then (in the sole and absolute discretion of the Sponsor Entities) he/she may be disqualified from SEEDS and all of his/her Entries voided. For greater certainty and the avoidance of any doubt, use (or attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt SEEDS is prohibited and is grounds for disqualification by the Sponsor Entities. All Entries are subject to verification at any time. The Sponsor Entities reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor Entities – including, without limitation, government issued photo identification) to participate in SEEDS. Failure to provide such proof to the satisfaction of the Sponsor Entities in a timely manner may result in disqualification. Entries will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor Entities – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with an Entry.
Entrants are ineligible to enter SEEDS if, as of the time of entry, s/he (or any co-creators of the Musical Submission, as defined below, or any band members associated with the Musical Submission is a party to a music recording contract, are currently distributed directly or indirectly by a major record company, are under any other sponsorship, contractual or other arrangement that would prohibit an entrant (or any such other persons) from submitting any aspect the Musical Submission for entry into SEEDS, that would restrict or prohibit the broadcast of a Musical Submission, use of the Entrant’s name, photograph or likenesses, or would prohibit, in Sponsor Entities’ sole opinion, the Entrant from accepting or fulfilling any prize in connection with SEEDS and will not become so at any time during any aspect of SEEDS
To be eligible for consideration in SEEDS, Entrants must do the following during the Entry Period:
All aspects of a Musical Submission must comply with the requirements outlined in the Content Guidelines of these Rules. Each Entrant may, at their option, upload to his, her or their Entrant Profile photographs and other biographical information relating to the Entrant (collectively, the “Biographical Information”) to the SEEDS Website, although the submission of same is not required to be eligible for consideration.
CONTENT GUIDELINES: All Musical Submissions, and Biographical Information, if submitted, must comply with the content guidelines (collectively, “Content Guidelines”) below. Musical Submissions and Biographical Information that do not meet the following Content Guidelines in whole or in part are subject to disqualification and/or removal from the SEEDS Website (if applicable) at any time, to be determined in Sponsor Entities’ sole and absolute discretion:
Musical Submissions and Biographical Information selected may be reviewed, and potentially edited, before or after being posted on the applicable website. If a Musical Submission or Biographical Information is included on such website, Sponsor Entities, in their sole discretion, may edit, modify, delete, disqualify or may request the Entrant re-do and resubmit part or all of such submission, or the underlying performances, at any time.ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Entrants, upon submission of their Biographical Information and Musical Submission to SEEDS, hereby irrevocably grant to Sponsor Entities, and each of their respective licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use, adapt and otherwise exploit the Musical Submissions and Biographical Information, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, DVDs, streaming media, film, television, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants. Sponsor Entities, and each of their respective successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the foregoing, Sponsor Entities will have the right to use the Musical Submissions and Biographical Information, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Musical Submissions and Biographical Information. Notwithstanding that Sponsor Entities are granted a non-exclusive license in Entrant’s Musical Submissions and Biographical Information, Entrants acknowledge that as a condition to being selected as a winner, Sponsor Entities may request that a winner’s Musical Submissions and Biographical Information, and any rights therein, be assigned to Sponsor Entities and Entrants may be required to confirm such assignment by completing and submitting the Release Form, as defined below, (and any other documents reasonably required by Sponsor Entities) or such Entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor Entities free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor Entities shall have the sole discretion in determining the extent and manner of use of Musical Submissions and Biographical Information and are not obligated to use any Musical Submissions and Biographical Information. Entrants agree not to issue any publicity concerning Sponsor Entities or SEEDS, without Sponsor Entities’ prior written consent, which may be withheld in their sole and absolute discretion. Entrants agree that none of the Sponsor Entities, their licensees or agents, shall be responsible for return or preservation of the entries, including the Musical Submissions and Biographical Information. Musical Submissions and Biographical Information, or any derivatives thereof, posted on the SEEDS Website are available to be viewed by anyone with access to the Internet. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Musical Submissions and Biographical Information that may have familiarities or similarities to his/her own Musical Submissions and Biographical Information, and that he/she will not be entitled to any compensation or right to negotiate with the Sponsor Entities because of these familiarities or similarities. Nothing herein shall create an implied or express contract to compensate Entrants for their Musical Submissions and Biographical Information and there is no obligation for Sponsor Entities to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor Entities whatsoever. The decisions of the Sponsor Entities are final and binding in all matters relating to SEEDS, including interpretation and application of these Rules.
If, in The Fox’s sole discretion, any Entrant makes a change during the Competition Period to the number of performers in the musical group resulting in a material change in the nature and/or quality of any of any aspect of a Musical Submission, that Entrant may be disqualified, to be determined by the Sponsor Entities in their sole discretion.
SEEDS judges will select the top nineteen (19) quarter-finalists to continue to Round Two and fans will decide who the final Entrant will be to complete the top 20 from all entries for The Fox Vancouver Seeds 2013 (collectively, the “Semi-Finalists”).
The nineteen (19) Semi-Finalists chosen by SEEDS Judges will be announced on The Fox on July 2, 2013 at 6:00 p.m. PT SEEDS Judges will be judging bands on vocal performance, song writing, stage presence, musicianship and overall marketability.
In addition to the nineteen (19) Semi-Finalists as described above, an additional Semi-Finalist will be chosen by fan votes. Fans will be invited to vote online for their favourite Entrant on the SEEDS Website between July 3, 2013 at 6:00 p.m. and July 19, 2013 at 11:59 p.m. PT. The Fan choice Semi-Finalist will be announced July 22, 2013 at 6:00 p.m. PT.
The names of all twenty (20) Semi-Finalists will be posted on www.cfox.com (the “Fox Website”) and the SEEDS Website Monday, July 22, 2013.
Each Semi-Finalist will be required to perform a live, 30-minute show at a venue to be chosen by the Sponsor Entities currently in accordance with the schedule below between August 7, 2013 and August 16, 2013. Dates (each, a “Showcase”) on which each Semi-Finalist will be asked to perform at their Showcase will be determined by random draw.
Please note: all dates, times and locations are subject to change at any time, in Sponsor Entities’ sole discretion.
Song selections to be performed at the Showcases will be at the discretion of the Semi-Finalist and may or may not include the Songs included in the Musical Submission, but if any such Song is not among the Musical Submissions, it must comply with the Content Guidelines stipulated above. Semi-Finalists will be judged by a panel including, but not limited to, members of The Fox music and programming departments, representatives from major record labels, talent agencies and management companies.
Three (3) Semi-Finalists will be selected as winners of The Fox Vancouver Seeds 2013 and will be announced on-air on August 19, 2013 at 6:00 p.m. PT (the “Finalists”). Each Finalist will receive an inclusion of a single track on the SEEDS compilation CD, (the “Showcase Prize”). As a condition of accepting the Showcase Prize, each Finalist must, during a period of twelve (12) months following the release of the SEEDS compilation CD (estimated to be September 21, 2013) (the “CD Release Date”), (i) make themselves available and agree to perform live at a minimum of four (4) musical events organized by The Fox (at dates and times to be decided by Sponsor Entities), and (ii) agree not to participate in any promotion or concert for, make any appearance on, or offer any interview to, any radio station located in or broadcasting to the Vancouver Central Market (as defined by the Bureau of Broadcast Measurement).
Each Finalist will be required to perform live at an official CD release party (at a time and place to be advised by the Sponsor Entities) (the “CD Release Party”). At the CD Release Party, judges will select and announce one Finalist as the winner of the 2013 Fox Vancouver Seeds Platinum Award (the “Platinum Winner”).
The Platinum Winner will receive:
Transportation, accommodations, meals equipment and other reasonably necessary expenses for the Semi-Finalists to appear at a Showcase and/or the CD Release Party are the sole responsibility of such Semi-Finalists.
None of the Sponsor Entities, the Agency Group Ltd., Life-Size Music Inc. the Nimbus School of Recording Arts, the SEEDS producers, the Sam Roberts Band, Long & McQuade nor any of their agents, representatives and/or employees make any representation or offers any warranty, express or implied, as to the quality or fitness of any products or services provided or any prize awarded, whether in whole or in part, or any level of promotion provided, in connection with SEEDS. Entrants understand and acknowledge that he or she may not seek reimbursement or pursue any legal or equitable remedy from any or all of the foregoing parties should any product or service, including but not limited to, a prize fail to be fit for its purpose or is in any way unsatisfactory to an Entrant and/or prize winner.
In order to be considered an eligible Entrant, each Entrant must:
Odds of winning depend on the total number of eligible entries received during the Competition Period
All decisions of the judges are final. The Showcase Prize and the Platinum Award must be accepted as awarded. No portion of any of the Showcase Prize or the Platinum Award is transferable. Neither the Showcase Prize nor the Platinum Award is redeemable for cash and no substitute for any portion of either the Showcase Prize or the Platinum Award is offered. Should any entrant be unable to claim the Showcase Prize or the Platinum Award as offered, his or her entry will be forfeited.
The Sponsor Entities and their respective advertising and promotional agencies, in their sole discretion reserve the right to change the structure of SEEDS in whole or in part, as it sees fit, including but not limited to, the proposed schedule, adding or deleting auditions, the number of Applicants, elimination rounds or requests for additional performances and/or substitute the Showcase Prize or the Platinum Award or any component thereof for products or services of approximately the same value and reserve the right to change the Rules or terminate or withdraw the SEEDS, all of which may be done at any time, without prior notice.
Subject to applicable law, the Sponsor Entities reserve the right to cancel, suspend, terminate and/or modify the Rules or administration of SEEDS, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, SEEDS is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of the Sponsor Entities. The Sponsor Entities are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorists acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, performers’ illness, injury or death, or any other cause beyond the Sponsor Entities’ sole control.
The Sponsor Entities assume no responsibility for lost, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the telephone network, on-line computer systems of equipment, servers, access providers, software, poor reception, technical problems, failure of any email or submission or due to any other reason regardless of cause.
By entering SEEDS, each Entrant consents to the use of his or her Musical Submission, Biographical Information, including but not limited to his or her name, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, in any manner, throughout the world, in all media whether now known or hereafter devised, in perpetuity, by the Releasees, and their advertising and promotional agencies, without any payment or compensation.
If for any reason SEEDS is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of the Sponsor Entities that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of SEEDS, the Sponsor Entities reserve the right, at their sole discretion, to cancel, terminate, modify, extend or suspend SEEDS and/or the provision of any of the events or prizes, in whole or in part. The Sponsor Entities further reserve the right to disqualify, from SEEDS and future contests or competitions of the Sponsor Entities, any individual(s) who tamper with or in any way corrupts the entry process or otherwise impairs, causes a nuisance or affects the administration, security, fairness, integrity or proper conduct of SEEDS. The Sponsor Entities may prohibit an entrant from participating in SEEDS, winning a prize or participating in any future contests or competitions of the Sponsor Entities if, in the Sponsor Entities’ sole discretion, the Sponsor Entities determine that said entrant is attempting to undermine the legitimate operation of SEEDS by cheating, hacking, deception, or any unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, members of the public or the Sponsor Entities representatives. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of SEEDS may be in violation of criminal and civil laws and should such an attempt be made, the Sponsor Entities reserve the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
By entering SEEDS, the entrant agrees that the Releasees shall have no liability and shall be held harmless by the entrant for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering SEEDS, the acceptance, possession, use, enjoyment or misuse of a prize, or while preparing for, participating in any SEEDS-related or prize-related activity. The Releasees are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the Releasees, users or by any of the equipment or programming associated with or utilized in SEEDS or by any technical or human error which may occur in the processing of submissions that may cause damage to a user’s system or limit an potential entrant’s ability to participate in SEEDS.
These rules and regulations are available online at the Fox Website and at The Fox studios, located at 700 West Georgia Street, Suite 2000. Vancouver, BC, V7Y 1K9.
All entrants agree to abide by the Rules, which are subject to change at the sole discretion of the Sponsor Entities.
This competition is void where prohibited or restricted by law and is subject to all federal, provincial, territorial and municipal laws and regulations of Canada and of each province, territory and municipality of Canada, respectively.
In the matter of “The 2013 FOX VANCOUVER SEEDS” competition, that commenced on May 27, 2013 (“SEEDS”), I, the undersigned, as an entrant in SEEDS (the “Entrant”), understand that I must complete and submit this Declaration and Release as a condition of entry. In consideration thereof, I hereby agree as follows:
Please check the appropriate box and fill out the form below as necessary.
[ ] I am the sole creator and owner of the Songs and have/has the full power and authority to grant all rights and interest in and to the Songs to the Released Parties.
[ ] I am not the sole creator and/or owner of the Songs and do/does not possess the full power and authority to grant all rights and interest in and to the Songs to the Released Parties. Listed below are the names and contact information of all applicable Co-Creators of the Songs, which I hereby submit(s) in accordance with Section 3(c), above:
|Co-Creator’s Full Name||Contact Information (Phone, full mailing address, email address)||Age|
I have read and understand the above Declaration and Release.
|Entrant (PRINT NAME)|
|Signature of Entrant|
|Name of Entrant|
|Telephone Number of Entrant|
|Email Address of Entrant|