IMPORTANT- FOR PERSONS UNDER THE AGE OF MAJORITY
If you are under the age of majority (18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan and 19 years elsewhere in Canada) in your province or territory of residence, you MUST obtain consent from your parent(s) or legal guardian(s) BEFORE submitting any content to MuchMusic.
Please read this User Generated Content Submission Agreement and Release carefully because it forms part of the Much Fanta-stic Pass Contest – 2012 Terms and Conditions [www.muchmusic.com/fantasticpass] (the “Contest Rules”), and, of the Bell Media Inc. Website Terms and Conditions [http://www.bellmedia.ca/about/Media_Terms.page] and the Bell Media Inc. Website Privacy Policy [http://www.bellmedia.ca/about/Media_Privacy.page] (the “Bell Media Terms and Conditions”) and represents your legally binding agreement with MuchMusic, a division of Bell Media Inc., and Coca-Cola Ltd. (the “Submission Agreement”) regarding your Submissions (as defined below) to MuchMusic via certain technology, functionality and/or features that MuchMusic makes available to you so that your Submissions may be displayed via and on the www.muchmusic.com/fantasticpass (the “Site”) and/or otherwise (collectively, the “User Content Submission Features”), and this Submission Agreement applies regardless of what type of device or what type of method you use to submit your Submissions to MuchMusic.
To submit Submissions, you must comply strictly with the terms and conditions of the Contest Rules. You understand that by sending the link to one (1) or more of your YouTube videos or by sending one (1) or more of your videos by email (individually and collectively, “Submissions”) to MuchMusic you are requesting to have your Submissions considered, in whole or in part, for display and exhibition to the public on the Site and/or on any other website owned or controlled by MuchMusic and/or Coca-Cola Ltd. (“Coke”) and/or otherwise. MuchMusic, a division of Bell Media Inc., its affiliated, associated and related companies, their respective designees, licensees, parents, assigns, subsidiaries, affiliated companies, and/or designees shall be collectively referred to as herein as (“MuchMusic”).
By submitting Submissions, or by using or attempting to use the User Content Submission Features, you are signifying your agreement with and acceptance of all terms and conditions of this Submission Agreement as well as the terms and conditions of the Contest Rules and of the Bell Media Terms and Conditions and, if you enter the Much Fanta-stic Pass Contest - 2012 (the “Contest”) and upload your Submissions to YouTube, all of the terms and conditions of the YouTube Terms of Service. To see the YouTube Terms of Service click: http://www.youtube.com/t/terms. You understand that MuchMusic and Coca-Cola Ltd. require you to agree to and accept the terms and conditions of each of this Submission Agreement and the Contest Rules and the Bell Media Terms and Conditions and, if applicable, the YouTube Terms of Service before submitting Submissions and you deem it to be in your best interest to so accept and agree to all of such terms and conditions. You acknowledge that by accepting the terms and conditions of this Submission Agreement, you will be giving up certain legal rights.
MuchMusic has the right to change the terms and conditions of this Submission Agreement at any time as described in the Bell Media Terms and Conditions and your use or attempted use of the User Content Submission Features indicates your agreement to be bound by all of the terms and conditions of this Submission Agreement including (without limitation) any changes we have made.
In consideration of the opportunity to make Submissions and to have your Submissions considered for display and/or exhibition on the Site and/or otherwise, you hereby irrevocably agree to the following terms and conditions and make the following representations, warranties, and indemnities, all of which shall govern your Submissions. You understand that MuchMusic is relying on the terms, conditions, representations, warranties, releases, and indemnities set forth in this Submission Agreement, and accordingly, this Submission Agreement shall be binding upon you and irrevocable.
In the event that your Submissions is/are selected for potential display and/or exhibition on the Site and/or otherwise, you may be contracted by a representative of MuchMusic and required to execute additional documents, including (without limitation) a personal release. And, without limiting the generality of the foregoing, if you are under the age of majority in your province or territory, you will be contacted by MuchMusic to have your parent(s) or legal guardian(s) execute a copy of this Submission Agreement to confirm his/her/their agreement and acceptance of all of the terms and conditions of this Submission Agreement and also for your parent(s) or legal guardian(s) to execute on your behalf any additional documents required. PLEASE NOTE THAT MUCHMUSIC WILL CONTACT YOU AND PROVIDE YOU WITH A CALL BACK NUMBER TO CALL AN MUCHMUSIC ASSOCIATE AT OUR MUCHMUSIC LOCATION IN TORONTO. IF CONTACTED BY ANY PERSON ABOUT WHOM YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT MUCHMUSIC IMMEDIATELY.
Make sure that your Submissions do not contain any intellectual property owned by anyone other than you, unless you have the clear undisputed right to use such intellectual property for your Submissions. The term “Submissions” shall refer to any user generated content you submit to MuchMusic, including but not limited to any content, media, or materials including but not limited to still images and/or photographs, video recordings, spoken statements, music, choreography, audio visual recordings, vocal and/or sound recordings, caricatures, likenesses, text, artwork, logos, graphics or visual effects, and to all derivative works, translations, adaptations or variations thereof, regardless of the tangible format, medium, or form, whether now known or hereinafter devised.
1. Right to Use of the Submissions. You hereby unconditionally and irrevocably grant to MuchMusic and Coke in perpetuity, a universal, unlimited, irrevocable, royalty-free, sub-licensable and transferable license in any form or format (whether now existing or hereafter developed) to use, reproduce, distribute, rent, lend, fix, exploit, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of your Submissions for any purpose whatsoever, including, without limitation: (i) in connection with the Contest, including, without limitation, promotion and/or advertising the Contest (and/or derivative works thereof and/or any similar future contests or competitions), and (ii) in connection with and/or on and/or via any and/or all of MuchMusic’s media and/or broadcast outlets (whether now existing and/or acquired and/or launched in the future) including without limitation the MuchMusic and MTV Canada television channels/stations regardless of method or manner of communication and/or distribution, and (iii) MuchMusic’s and/or Coke’s respective network of Internet websites including but not limited to the Site, wireless applications, mobile, broadband, interactive television, video on demand and any other media and/or technology (including, without limitation, IPTV, wire, cable, wireless, mobile and/or interactive platforms and/or interfaces) through which MuchMusic and/or Coke distributes content to end users, whether now existing or hereafter developed (respectively, collectively, the “MuchMusic Platforms” and the “Coke Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to MuchMusic and Coke, respectively, these rights include, without limitation, the absolute right to edit and/or alter the Submissions, distribute and synchronize all or any portion of the Submissions in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Submissions; to encrypt, encode and decode, and compress and decompress all or any portion of the Submissions; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the Submissions; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Submissions; and to excerpt and/or extract portions of the Submissions in order to host, cache, store, index, categorize and display the Submissions on or through the MuchMusic Platforms and/or Coke Platforms. You specifically waive any and all moral and similar rights and any and all integrity rights, to the full extent possible, in and related to your Submissions and agree to evidence same in writing if requested by MuchMusic. MuchMusic and Coke each reserves the right to use (or not use) your Submissions at all and/or as little of your Submissions as it respectively so chooses.
2. Name and Likeness. You hereby unconditionally and irrevocably grant to MuchMusic and to Coke the irrevocable and unconditional right, but not the obligation, to publicly display and exhibit the profile that you create or created when registering for your MuchCloser account, to use, simulate, or portray your name, image, likeness (whether photographic or otherwise), sobriquet, voice, performances, original choreography, life story, address (city/town/village and province/territory) and biographical data (both as of the date of this Submission Agreement and hereafter), including, without limitation, the right to authorize others to use or refrain from using any of the foregoing, (“Name and Likeness”) in or in connection with: (a) your Submissions and/or any elements thereof; (b) the Contest (and/or any future similar contest or competition); (c) the Site; (d) the Bell Media Platforms and/or the Coke Platforms; (e) the advertising, promoting, or publicizing of the Contest and/or the Site and/or the Bell Media Platforms and/or the Coke Platforms and/or MuchMusic and/or Coke; and, (f) in any other manner and/or media whatsoever (whether now existing or hereafter developed) as MuchMusic and/or Coke may elect in its/their sole discretion, including without limitation any and all forms of television, without accounting and/or any credit to you whatsoever.
3. Ownership. MuchMusic retains all right, title and interest in and to the User Content Submission Features including without limitation to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights in or to the User Content Submission Features. You acknowledge and agree that you will retain all ownership rights in and to your Submissions save and except for the underlying rights to the cleared songs made available to you pursuant to the Contest Rules and which you selected to use in your Submissions, if any, which rights are owned and/or controlled by MuchMusic and also save and except for the rights granted to MuchMusic and Coke pursuant to this Submission Agreement. You understand that MuchMusic is acting only as a host, bulletin board or conduit for your Submissions, with all of the specific rights granted by you hereunder.
4. No Obligation to Use. You understand and acknowledge that MuchMusic and Coke shall not have any obligation to exhibit and/or feature you and/or use your Submissions on the Site and/or otherwise in any way.
5. No Compensation. You hereby acknowledge that, in having your Submissions considered for display and exhibition on the Site, you are receiving good and valuable consideration. You agree that the broadcast, distribution and/or exploitation of your Submissions and/or any elements thereof by MuchMusic and/or Coke, including without limitation your appearance, performance, name, voice, original choreography, likeness, address (city/town/village and province/territory) and/or biographical information, as the same may be edited, cut, rearranged, adapted, dubbed, or otherwise revised, if applicable, in any manner whatsoever, will not entitle you to receive any wages, benefits, fees, or other compensation from MuchMusic, Coke or any other party. You understand and acknowledge that if you are, or have ever been, a member of any performing arts union or guild, use of your Submissions by MuchMusic or Coke does not constitute a performance and/or an appearance as defined by any performing arts union or guild nor does it entitle you to any wages, salary, residuals, or other similar compensation. You acknowledge and agree that MuchMusic reserves the right to sell advertising and sponsorships and the like with respect to the Site and the MuchMusic Platforms etc. and that Coke reserves the right to sell advertising and sponsorships and the like with respect to the Coke Platforms etc., and that you are not entitled to any consideration in connection therewith.
6. Representations and Warranties. You represent and warrant that (and acknowledge MuchMusic’s and Coke’s reliance thereon):
a) You have the full right, power, and authority to enter into and fully perform this Submission Agreement, the Contest Rules, the Bell Media Terms and Conditions and, if applicable, the YouTube Terms of Service and all respective terms and conditions set forth herein and therein.
b) You are at least thirteen (13) years of age as at June 18, 2012 and, if you are under the age of majority in the province or territory in which you usually reside, your parent(s) or legal guardian(s) has/have consented to you making Submissions and has/have agreed to be bound by the terms and conditions of this Submission Agreement, the Contest Rules, the terms and conditions of the Bell Media Terms and Conditions and, if applicable, the YouTube Terms of Service.
c) You are a Canadian citizen or legal permanent resident of Canada or an aboriginal who permanently resides within the territorial boundaries of Canada.
d) Your Submissions is/are wholly original with you except for the underlying rights to the songs provided by MuchMusic for use in your Submissions, if any. If you do not exclusively own all of underlying rights in your Submissions, you hereby warrant and represent that you have secured all necessary authorizations, permissions, approvals, waivers, consents, rights and licenses from the owner(s) of such underlying rights and the exercise by MuchMusic and Coke of the rights granted hereunder by you with respect to your Submissions do not require any further releases, waivers or consents, etc.
e) You are not currently, nor have you ever been, a member of the ACTRA, UDS, AFTRA, SAG, AEA or any other guild or union representing performing artists. You understand and acknowledge that if you are, or have ever been, a member of any performing arts union or guild, your participation in the Contest does not constitute a performance and/or an appearance as defined by any performing arts union or guild nor does it entitle you to any wages, salary, residuals, or other similar compensation.
f) I am not, nor are my parents, siblings and/or children (and/or anyone domiciled with me and/or any of such other persons) an employee of Bell Canada Enterprises, its affiliates, subsidiaries or divisions and/or Coca-Cola Ltd. or Coca-Cola Refreshments Canada Company.
g) Except with respect to the songs which MuchMusic made available to you for the purpose of your Submissions to the Contest, if any, your Submissions will not violate and/or infringe upon any rights of any other person or entity including without limitation any trademark, trade name, copyright, right of privacy and/or publicity or personality, and/or property rights of any other right of any party nor constitute unfair competition, defamation, libel, or breach of contract, and, the exercise by MuchMusic and/or Coke of any of the rights granted by you hereunder and/or under the Contest Rules and/or under the Bell Media Terms and Conditions will not infringe upon or violate any person’s or entity’s rights of any kind or nature whatsoever.
7. Waiver and Release of All Claims. You hereby irrevocably and unconditionally waive, release, and forever discharge any and all claims, and you agree not to sue or make any claim against MuchMusic and/or Coke and their respective parents, subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents, contractors, partners, shareholders, attorneys and representatives (the “Releasees”), from any and all claims relating to in any manner to the Contest and/or your Submissions and/or the MuchMusic Platforms and/or the Coke Platforms and/or the Site and/or the User Content Submission Features (“Released Claims”), including, without limitation, liabilities of any kind or nature, whether in law or at equity and/or otherwise, whether now known or unknown, suspected or unsuspected, resulting and/or arising out of and/or in connection with the use, or non-use, by MuchMusic and/or Coke and/or the Releasees of your Submissions and the display, or non-display, of your Submissions and/or any portion thereof on the Site and the inclusion, or non-inclusion, of your Submission, and/or any portion thereof, in or on the MuchMusic Platforms and/or the Coke Platforms. The Released Claims shall include, without limitation, any claims based on the negligence, gross negligence, or wilful acts on the part of any or all of the Releasees; products liability; breach of contract; breach of any statutory or other duty of care owed under applicable laws; defamation; libel; slander; invasion of privacy, publicity, and/or personality and/or similar claims and/or causes of action; infringement of copyright and/or trademark and/or other proprietary rights, and, any and all damages, liens, agreements, contracts, actions, suits, costs, fines, penalties, legal costs, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity and/or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden.
8. Indemnification. You hereby irrevocably agree to indemnify and hold harmless the Releasees and each of them from and against any and all claims, demands, proceedings, causes of action, fines and penalties that you, your heirs, next of kin, executors and/or administrators may have against any or all of the Releasees, whether for libel, defamation, violation of your right of privacy and/or right of personality and/or right of publicity and/or any other matter arising out of and/or in any manner connected with the use and exercise of the rights granted to MuchMusic and/or Coke hereunder; the use by MuchMusic and/or Coke of your Name/Likeness; the Submissions; the Site; the User Content Submission Features; the MuchMusic Platforms, the Coke Platforms and/or the Contest.
9. Assignment. You acknowledge and agree that you shall have no right to assign this Submission Agreement or delegate any of your responsibilities or obligations hereunder to any third party. MuchMusic shall have the right to assign this Submission Agreement freely.
10. Applicable Law. This Submission Agreement and all matters or issues collateral thereto shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the personal jurisdiction and venue of any court located in Toronto, Ontario.
11. Disclaimer and Limitation of Liability. The User Content Submission Features are provided “as is” with no warranties of any kind, express or implied, and your use of the User Content Submission Features is at your own risk. You are solely responsible for your Submissions, the representations and obligations under this Submission Agreement and for any damages to your computer system and/or loss of data resulting from your use of the Site and/or the User Content Submission Features and/or YouTube. The Releasees expressly disclaim any and all warranties, including without limitation, warranties concerning access to and/or the availability, accuracy, usefulness and/or security of the Site and/or the User Content Submission Features and/or YouTube, any content, material, software, information, data, capabilities made available to you, resources, facilities, products and/or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose and/or that the User Content Submission Features will function or perform in any particular manner. The Releasees disclaim all liability for any use of YouTube and for any use of the Site and/or the User Content Submission Features not specifically authorized or that is in violation of this Submission Agreement or the laws or regulations which may apply to you in any jurisdiction or country. The Releasees also expressly disclaim all liability for any and all damages, whether direct, consequential, special, indirect, exemplary or punitive damages, howsoever arising or caused, whether foreseeable or not, regardless of the form of action or the basis of the characterization of the claim and even if advised of the possibility of damages.
12. Severability and Entire Agreement. If any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and conditions hereof. This Submission Agreement, the Contest Rules and the Bell Media Terms and Conditions set out the entire agreement with respect to the Submissions. You understand and agree that once you submit Submissions or use or attempt to use the User Generated Content Submission Features, the foregoing shall constitute a binding and enforceable agreement.
PLEASE SEE BELOW AND THE FOLLOWING PAGE IF YOU ARE UNDER THE AGE OF MAJORITY.
FOR CONTEST ENTRANTS UNDER THE AGE OF MAJORITY:
Agreed and accepted by:
SIGNATURE: ____________________________________
Date: _______________, 2012
(PRINT) NAME: _________________________________________________________
LIST ALL PRIOR NAMES, ALIASES, PROFESSIONAL/STAGE NAMES, ETC.:
________________________________________________________________________
________________________________________________________________________
DATE OF BIRTH: _______________________
ADDRESS: ________________________________________________________________
CITY/TOWN/VILLAGE AND PROVINCE/STATE, POSTAL/ZIP: __________________________________________________________________________
TELEPHONE: ___________________________________
EMAIL: ________________________________________
FOR USE BY PARENTS/LEGAL GUARDIANS OF CONTEST ENTRANT UNDER THE AGE OF MAJORITY (18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan and 19 years elsewhere in Canada) in your province or territory of residence:
I/We represent and warrant that I/we am/are the parent(s)/legal guardian(s) of the minor named above and I/we agree that the terms and conditions of the above Much Fanta-stic User Generated Content Submission Agreement and Release unconditionally and irrevocably binds me/us and said minor to all of the terms and conditions thereof.
SIGNATURE of Parent(s)/Legal Guardian(s) : ________________________________________
DATE: ____________, 2012
NAME(S): _____________________________________________________________________
(Please Print)