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THE 2013 “FOX VANCOUVER SEEDS” COMPETITION

OFFICIAL RULES AND REGULATIONS

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”).

1. ELIGIBILITY

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

2. HOW TO ENTER – SEEDS entry period commences at 6:00 p.m. PT, May 27, 2013 and ends at 11:59 p.m. PT, June 23, 2013 (the “Entry Period”)

To be eligible for consideration in SEEDS, Entrants must do the following during the Entry Period:

  1. Visit the exclusive website of SEEDS located at the URL www.cfox.supernova.com (the “SEEDS Website”);
  2. Complete an online registration form in full, including submission of the Entrant Declaration and Release (a copy of which is attached hereto as Schedule “A”);
  3. When prompted, create a customized profile on the SEEDS Website (“Entrant Profile”); and
  4. Upload to the Entrant Profile up to three (3) recordings (the “Recordings”) of original musical compositions (the “Songs”) (the “Recordings” together with the “Songs” are referred to as the “Musical Submission”).

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.

Also at the time of entry, Entrants may, at their option, elect to become a member of the social networking site known as “Supernova” located at www.supernova.com (the “Supernova Site”). Any personal information or other material submitted by an Entrant in connection with his or her membership to Supernova, and any activity undertaken as a member of Supernova or on the Supernova Site will be governed by the Supernova Terms of use agreement and Privacy Statement, both dated February 1, 2007, and not by these Rules. Membership in Supernova is not required to be eligible for SEEDS, and no information posted to the Supernova Site will be considered relevant to SEEDS.

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:

For Musical Submissions only

  • Recordings may not exceed 10MB in file size, must be in MP3 format, and should ideally be uploaded at a sample rate of 192 Kbps;
  • Entrants must be able to provide, on request, all appropriate clearances, permissions and releases in writing for the songs, including permissions and releases from all persons considered a co-creator of the Musical Submission. In the event an Entrant cannot provide all required releases, The Fox reserves the right to disqualify the applicable Musical Submission, or seek to secure the releases and clearances for The Fox’s benefit;

For Biographical Information only

  • Photographs must be in jpg format;
  • Photographs must not exceed 3mb in size;
  • Photographs must contain image of the entrants only (i.e., no third parties) and must not infringe the rights of any third party (e.g., famous or non-famous persons)
  • Biographical Information should include the band name, hometown, description of music style and genre, and/or a brief biography about the band;

For Both Musical Submissions and Biographical Information

  • Except for materials in the public domain, Musical Submissions and Biographical Information must be original and wholly owned by the Entrant. Sponsors Entities do not permit the infringement of others’ rights and any use of materials not original to the Entrant is grounds for disqualification from SEEDS, such decision to be made by Sponsors Entities in their sole discretion; and no more than three hundred (300) words in length
  • Biographical Information and Musical Submissions must comply with the Rules and any Terms of Use posted on the SEEDS Website and must meet all specifications or requirements called for on the SEEDS Website and other advertising for SEEDS;
  • Biographical Information and Musical Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Website such as viruses, trojan horses or other technologies that could adversely impact SEEDS, and/or (f) is defamatory and/or disparaging to the Sponsor Entities or their related entities or is inconsistent with the positive images and/or goodwill to which Sponsor Entities wish to associate (all of the foregoing to be determined in Sponsor Entities’ sole and absolute discretion);
  • Musical Submissions and Biographical Information must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
  • Musical Submissions (except in the case of instrumental recordings) and Biographical Information must performed or written in the English language and
  • Musical Submissions and/or Biographical Information which are found to violate any of these requirements at any time may be deemed ineligible to participate and/or Entrants may be deemed ineligible to participate in SEEDS and/or receive a prize, whether in whole or in part, and may, in The Fox’s sole discretion, be disqualified.

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.

3. CONTENT RIGHTS:

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.

4. CHANGES TO ENTRY

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.

5. ROUND ONE – JUDGES’ SELECTION AND FAN CHOICE SELECTION June 28, 2013 – July 19, 2013

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.

6. ROUND TWO – LIVE SHOWCASE SHOWDOWN August 7, 2013 – August 16, 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.

  • August 7 – three (3) Semi-Finalists beginning at 9:00/9:45/10:30 pm, respectively.
  • August 8 – three (3) Semi-Finalists at 9:00/9:45/10:30 pm.
  • August 9 – two (2) Semi-Finalists at 9:00/9:45 pm.
  • August 10 – two (2) Semi-Finalists at 9:00/9:45 pm.
  • August 13 – three (3) Semi-Finalists at 9:00/9:45/10:30 pm.
  • August 14 – three (3) Semi-Finalist at 9:00/9:45/10:30 pm.
  • August 15 – two (2) Semi-Finalists at 9:00/ 9:45 pm.
  • August 16 – two (2) Semi-Finalists at 9:00/ 9:45 pm.

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).

7. ROUND 4 - SEEDS PLATINUM AWARD WINNER

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:

  1. Musical instruments and equipment provided by Long & McQuade, the choice of which will be mutually decided by Platinum Winner and Long & McQuade, subject to availability and provided that Long & McQuade’s decision in this regard shall be final, up to a maximum value of $10,000.
  2. Recording and production of a five (5) Song EP with Producer Garth Richardson at Nimbus School of Recording Arts. The approximate value of such recording is $25,000.
  3. Opening slot on a five (5) date Canadian tour with the Sam Roberts Band, the dates and locations of which shall be determined by the Sponsor Entities, the Sam Roberts Band and/or their designees, which shall include up to $10,000 in expenses for tour support (the “Platinum Award”).
  4. Twelve (12) weeks promotion and support of the Platinum Winner’s single to Rock format radio stations across Canada from RPM Promotion and DMDS (“Digital Media Distribution System”) upload of your single.

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.

8. NO REPRESENTATIONS OR WARRANTIES

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.

9. ADDITIONAL AGREEMENTS AND CONDITIONS REQUIRED OF ENTRANTS

In order to be considered an eligible Entrant, each Entrant must:

  1. Sign a the Entrant Declaration and Release (a copy of which is attached hereto as Schedule “A”) (the “Release Forms”) confirming that by applying to participate in SEEDS:
    • he or she read, understood and accepted these Rules;
    • he or she has not entered into any contractual, sponsorship or other arrangement in respect of his/her name, likeness, image that in the Sponsor Entities sole opinion would conflict with eligible Entrants’ participation in SEEDS.
    • has signed or will sign an assignment of copyright and waiver of moral rights relating to the Musical Submission and results and proceeds from his or her participation in and in connection with SEEDS;
    • that he or she understands that participation in SEEDS or acceptance of the prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death;
    • that he or she nevertheless freely and voluntarily agrees and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with his or her participation in SEEDS and winning a prize and that SEEDS is in no way intended to be an invitation or inducement to perform hazardous or risky stunts;
    • that he or she releases the Sponsor Entities, the liquor authorities, the Agency Group Ltd., Life-Size Music Inc. the Sam Roberts Band, the Nimbus School of Recording Arts, the SEEDS producers, Long & McQuade, Supernova, each of their Affiliates (as that term is defined in the Canada Business Corporations Act), and all of their respective directors, officers, employees, representatives, agents as well as their respective advertising and promotional agencies (collectively, the “Releasees”) from any and all liability arising in connection with participation in SEEDS and acceptance of a prize, including, without limitation, any financial, legal or moral responsibility or loss or personal injury including death or damage to or loss of property suffered or incurred or arising from participating in SEEDS or accepting a prize, whether suffered by a prize winner, or by his or her heirs, administrators, personal representatives or executors, and notwithstanding that such injuries or losses may have been caused solely or partly by any act, omission, negligence or gross negligence of any or all of the Releasees; and
    • that the Sponsor Entities may require Entrants to sign further documents and agreements as a condition of their participation in the selection process and SEEDS. Each Entrant agrees to execute such further documents and instruments and do any other acts or deeds as Sponsor Entities and their respective licensees or assigns may reasonably request in order to effectuate this Agreement or as otherwise required to evidence or protect Sponsor Entities’ rights hereunder.

10. ODDS OF WINNING

Odds of winning depend on the total number of eligible entries received during the Competition Period

11. ALL PRIZES TO BE ACCEPTED AS AWARDED

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.

12. SUBSTITUTION OR CHANGE TO THE COMPETITION

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.

13. TERMINATION/MODIFICATION

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.

14. TECHNICAL MALFUNCTION

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.

15. PUBLICITY

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.

16. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION

By entering SEEDS and voluntarily providing personal information including, but not limited to, name, address, city, email address, home and office telephone numbers (the “Registrant Information”), each Entrant grants permission to the Sponsor Entities to collect and use of the Registrant Information for the exclusive purpose of administering SEEDS and selecting the prize winner(s). Except as otherwise provided for under these Rules, no correspondence will take place between the Sponsor Entities and the Entrants other than in connection with SEEDS. To review the Fox’s privacy policy, visit http://www.cfox.com/PrivacyPolicy.aspx and to review Supernova’s privacy policy, visit http://www.supernova.com/about/privacy.

17. TAMPERING

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.

18. LIMITATION OF LIABILITY

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.

19. WHERE RULES AND REGULATIONS AVAILABLE

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.

20. COMPLIANCE WITH THE RULES

All entrants agree to abide by the Rules, which are subject to change at the sole discretion of the Sponsor Entities.

21. COMPLIANCE WITH LAWS

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.

SCHEDULE “A”

ENTRANT DECLARATION AND RELEASE

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:

  1. I have received, read, understood and complied with, and will comply with, the Official Rules and Regulations of SEEDS (the “Rules”).
  2. I am a legal resident of the province of British Columbia who was nineteen (19) years of age at the time of entry in SEEDS, and neither I, nor any immediate family member and/or household members of mine is an employee, shareholder, officer, director, agent or representative of CFOX-FM (“The Fox”), Corus Entertainment Inc., (“Corus”), Supernova Interactive Inc. (“Supernova”) (collectively, the “Sponsors”), or of any affiliate of any of the foregoing (the “Sponsor Entities”), or the Labatt Brewing Company, The Agency Group Ltd. and the Nimbus School of Recording Arts. For purposes of this Release, "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.
  3. The Musical Submission (as defined in the Rules) that I submitted for consideration in SEEDS, complies with and will at all times comply with the Section 3 of the Rules (Musical Submissions – Requirements). In connection with such submission, I represent and warrant that:
    1. the Musical Submission and every element thereof is my original, previously unpublished and previously unproduced work (or the work of myself and one or more co-creators, including band members or other artists performing the Song as submitted (collectively, “Co-Creators”));
    2. to the extent any or all of the Musical Submission are the joint work of myself and one or more Co-Creators, I have obtained the express permission from each such Co-Creator to enter the Musical Submission into SEEDS and to grant all of the rights and interests in and to the Musical Submission being granted herein in accordance with the Rules;
    3. to the extent any or all of the Musical Submission are the joint work of myself and one or more Co-Creators, I have obtained the consent of all Co-Creators, including band members performing the Songs as submitted, to disclose their personal information for the purposes of administering SEEDS, including for the purpose of obtaining executed releases from such persons to a third party in accordance with the Rules;
    4. the Recordings do not contain any computer virus or other harmful elements, is otherwise uncorrupted, and as of the date of submission, is not the subject of any actual or threatened litigation or claim;
    5. the Musical Submission will not violate or infringe upon the intellectual property rights or other rights, including privacy rights and personality rights, of any other person or entity; and
    6. the Musical Submission does not and will not violate any applicable laws, and is not and will not be defamatory of any person.
  4. I am not, was not at the time of entry to SEEDS, nor will be, nor was any Co-Creator of any part of the Musical Submission or any band member associated with any Song, a party to a music recording contract, or any other contractual, sponsorship or other arrangement in respect of my or their performances, name, likeness and/or image that, in Sponsor Entities’ sole opinion, would prohibit me (or any such other persons) from submitting the Musical Submission for entry into SEEDS or that would restrict or prohibit the broadcast of any element of the Musical Submission or would prohibit me or any other person from accepting any prize or otherwise participating in any or all aspects of SEEDS.
  5. I, either on behalf of myself/himself/herself as the sole creator of the Musical Submission or on behalf of all other Co-Creators with their express consent, hereby grant to The Fox and to its parent, affiliates, divisions, subsidiaries, successors, assigns, licensees, agents, representatives and promotion and advertising agencies, and all of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”), the non-exclusive, irrevocable, royalty-free, fully paid, perpetual, transferable and universal license to use, copy, reproduce in any manner, sublicense, transmit, distribute, publicly perform, publish, delete, remix, modify or broadcast the Recordings or any portion thereof, any performance of the Songs by me and any Co-Creators, if applicable, and any recording of any such performance made in the course of SEEDS (the “Subsequent Recordings”), in any media now known or hereafter devised including but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol, and to create derivative works from such Songs, Recordings and Subsequent Recordings (the “Licensed Rights”). I hereby waive any moral rights in the Songs, the Recordings and the Subsequent Recordings and confirm that all Co-Creators have also waived any such moral rights, and authorize the Released Parties to exercise the Licensed Rights, for during competition period and in any manner they see fit in connection with SEEDS and for promotional purposes.
  6. I understand and agree that should I be selected as a Finalist, I must, as a condition of accepting the Showcase Prize (as defined in the Rules) agree that during a period of twelve (12) months following the release of the SEEDS compilation CD (estimated to be September 21, 2013), (i) I must perform live at a minimum of four (4) musical events organized by The Fox (at dates and times to be decided by the Sponsor Entities), and (ii) I will 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).
  7. Participation in SEEDS, including without limitation my decision to provide the Musical Submission for purpose of SEEDS and the acceptance of any prize should I be declared a winner, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between myself and the Released Parties, does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of my Songs and the Recordings, and that the only contracts, express or implied, between myself and the Released Parties is as set forth in the Rules and herein.
  8. I understand that participation in SEEDS or acceptance of the prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death and that I nevertheless freely and voluntarily agree and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with my participation in SEEDS and winning a prize and that SEEDS is in no way intended to be an invitation or inducement to perform hazardous or risky stunts.
  9. I fully release and forever discharge the Released Parties, the Sponsor Entities as defined in the Rules, the liquor authorities, The Agency Group Ltd., the Sam Roberts Band, Dave Spencer Management Inc., Secret Weapon Touring Inc. and the Nimbus School of Recording Arts, Long & McQuade, each of their Affiliates (as that term is defined in the Canada Business Corporations Act), and each of their respective directors, officers, employees, representatives, agents as well as their respective advertising and promotional agencies (individually and collectively, “the Indemnified Parties”), from and against any and all liability, claims, demands, proceedings, actions, causes of action, losses, damages, injuries or expenses (including reasonable legal fees) whatsoever, both in law and in equity (“Claims”), which I or any of my executors, administrators or personal representatives may now or hereafter have against them or any part of them in respect of or relating to SEEDS, including in relation to the Licensed Rights, my participation in SEEDS and the acceptance or use of any prize, in whole or in part, notwithstanding that same have been caused solely or partly by any act, omission, negligence or gross negligence of any or all of the Indemnified Parties.
  10. I agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Claims arising out of or in connection with (i) my participation in SEEDS, (ii) the Songs, the Recordings and the Subsequent Recordings (iii) the acceptance and/or use of any prize, and/or (iv) a breach or allegation which if true would constitute a breach of any of my representations, warranties, conditions or obligations herein.
  11. The Songs, the Recordings, and any Subsequent Recordings, and my name and/or band’s name and/or the names of any Co-Creators our photographs, likenesses and/or audiovisual recordings, may be posted on the website located at www.cfox.supernova.com.
  12. Except as otherwise provided for in the Rules, all costs and expenses incurred by me in entering or participating in SEEDS or in claiming or using any prize will be my responsibility.
  13. I agree that I shall not intentionally reveal, divulge, or expose any confidential information or secret information relating to SEEDS, if applicable.
  14. This Declaration and Release is a true and accurate statement of the facts contained herein.
  15. The Sponsor Entities may require me to sign further documents and agreements as a condition of my participation in the selection process and SEEDS. I agree to execute such further documents and instruments and do any other acts or deeds as Sponsor Entities and their respective licensees or assigns may reasonably request in order to effectuate the Rules, this Release or as otherwise required to evidence or protect Sponsor Entities’ rights hereunder.
  16. The provisions of this Declaration and Release shall enure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of each of the Released Parties and shall be binding upon my heirs, executors, administrators and personal representatives.
  17. This general Declaration and Release applies to all Claims I may have or that may later accrue to me that are related to SEEDS, including without limitation, Claims related to the acceptance or use of any prize, or my participation in or travel to or from SEEDS-related activity, whether the Claim is now known or unknown. Having been so apprised, I nevertheless assume all the risks for any Claim I might have, arising before or after this date, whether known or unknown.
  18. I waive any right I may have to dispute the scope of the release and waiver granted hereunder on the grounds that it is a general release and waiver, and release and waiver of unknown Claims.
  19. The provisions of this Declaration and Release shall be governed by the laws of British Columbia.

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.

Dated at: 
 (City, Province)
This   of   , 2013.
  (Day)   (Month)  
Entrant (PRINT NAME)
 
Signature of Entrant
Name of Entrant
Telephone Number of Entrant
Email Address of Entrant