BY ENTERING THIS CONTEST, YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE BELOW TERMS AND CONDITIONS (“TERMS”)
1. ELIGIBILITY: To be eligible to submit your video ("Submission") to this call for Submissions to participate in a contest (“Much Fanta-stic Pass” or the “Contest”) held by MuchMusic, a division of Bell Media Inc. (“MuchMusic”), and Coca-Cola Ltd. (collectively the “Sponsors”), you must be a legal resident of Canada (unfortunately, the Contest is not open to residents of Quebec) and at least thirteen (13) years of age as of June 18, 2012. You must be willing to comply with these Terms. Employees of Bell Canada Enterprises, its affiliates, subsidiaries and divisions, Coca-Cola Ltd. and/or Coca-Cola Refreshments Canada Company, and their respective parents, siblings and children, and those domiciled with such employees, are not eligible to enter.
TO SUBMIT YOUR SUBMISSION USING YOUTUBE, YOU MUST BE A YOUTUBE REGISTERED USER. REGISTRATION ON YOUTUBE.COM IS FREE, AND CAN BE OBTAINED BY LOGGING ON TO WWW.YOUTUBE.COM AND FOLLOWING THE ON-SCREEN INSTRUCTIONS TO REGISTER. ALTERNATIVELY, YOU CAN ENTER VIA EMAIL AS DESCRIBED BELOW. NOTE THAT YOUTUBE IS NOT A SPONSOR OF THIS CONTEST, AND THUS HAS NO RESPONSIBILITY OR LIABILITY REGARDING THE CONDUCT OR ADMINISTRATION OF THE CONTEST. FOR YOUTUBE ENTRIES, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF USE AS ESTABLISHED BY YOUTUBE.
2. HOW TO ENTER: Sign-in to your MuchCloser account, visit the Much Fanta-stic Pass website at muchmusic.com/fantasticpass (“Much Fanta-stic Pass Website”) between 12:00 p.m. Eastern Time ("ET") on June 18, 2012 and 11:59:59 pm ET on August 26, 2012 (the “Entry Period”), scroll down and select a challenge, click “HOW TO ENTER”, click “SUBMIT YOUR VIDEO”, read and opt-in to accept these Terms and the user generated content submission agreement and release (the “UGC Release”). If an entrant is thirteen (13) to fifteen (15) years of old at the time of entry, such entrant will be required to provide the contact email address of his/her parent/legal guardian and an email will be sent to such parent/legal guardian requesting confirmation of acceptance of these Terms of behalf of the entrant. If such confirmation is not received, the entrant will not be eligible to enter the Contest and/or submit a Submission. If you have not previously registered for a MuchCloser account, you can sign-up for one for free by filling out the online registration form available at www.muchmusic.com with your first name, last name, home (mailing address), email address, ten digit daytime and evening telephone number and date of birth. You must submit your Submission in one of two ways: 1) by logging-in to your YouTube profile and following the instructions to upload your video (N.B.: after you have uploaded your video to YouTube, you must go to the Much Fanta-stic Pass Website and follow the instructions and all Submission Requirements below to link your YouTube video to your profile); or, 2) by sending an email to firstname.lastname@example.org with the subject line “MUCH FANTA-STIC PASS ENTRY: FirstName LastName” (where FirstName LastName are your own first name and last name) and attaching your video to the email. Submissions must be received by 11:59:59 pm ET on August 26, 2012. Your entry will not be complete until you have accepted these Terms and the UGC Release, as described above, and your Submission has been approved by MuchMusic. Only the one (1) person who submits a Submission tied to that person’s MuchCloser account in compliance with these Terms will be entered into the Contest in order to be eligible to win the Prize- any other persons appearing in a Submission will not be entered into the Contest and will not be eligible to win the Prize. Entrants who are thirteen (13) to fifteen (15) years of old at the time of entry must also ensure that their parent or legal guardian has provided consent to participate in the Contest on behalf of such entrants, as described above. The right to consider any particular Submission is in the sole discretion of MuchMusic. If your Submission is rejected by MuchMusic, you will be notified via email.
In the event your Submission is selected to be used in any manner contemplated in these Terms and/or the UGC Release, you (or, if you are a minor, your parent or legal guardian) may be contacted by a MuchMusic associate and required to execute additional documents. Without limiting the generality of the foregoing, if you are a minor and your Submission is selected to be used in any manner contemplated in these Terms and/or the UGC Release, you will be contacted by MuchMusic to have your parent or legal guardian execute a copy of the UGC Release. PLEASE NOTE THAT, IF CONTACTED, MUCHMUSIC WILL PROVIDE YOU WITH A CALLBACK NUMBER TO CALL A MUCHMUSIC ASSOCIATE AT OUR MUCHMUSIC LOCATION IN TORONTO. DO NOT PROVIDE ANY PERSONAL INFORMATION TO ANY PERSON THAT DOES NOT PROVIDE YOU WITH SUCH A CALLBACK NUMBER. IF CONTACTED BY ANY PERSON ABOUT WHOM YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT MUCHMUSIC IMMEDIATELY.
4. VIDEO REQUIREMENTS: Submissions must not exceed five (5) minutes in length. Videos uploaded to YouTube must meet YouTube’s file format requirements, http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=55744 . The url link of your YouTube video Submission must be included with your entry on the Much Fanta-stic Pass Website.
For Submissions entered via email, the video attachments can be in any of the following formats: .mpeg, mp4, avi, mov or wmv. However, video attachments must not exceed 15 Mb per email. In the event that you wish to submit more than one video, you can send videos in separate emails to ensure that no single email has attachments exceeding the 15 Mb size limit.
SUBMISSION: MAXIMUM LENGTH = FIVE (5) MINUTES.
Your Submission must show you completing one of the four challenges listed on the Much Fanta-stic Pass Website. Make sure your Submission does not contain any songs other than the four songs we have listed on the Much Fanta-stic Pass Website (each a “Listed Song”). Your Submission will be judged on the basis its creativity and quality, as provided in greater detail below.
GENERAL CONTENT RESTRICTIONS:
5. LICENSE: Other than the underlying rights in a Listed Song, if applicable, you shall retain all ownership rights in your Submission. However, by submitting your Submission, you hereby grant to the Sponsors in perpetuity, a universal, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Contest, including, without limitation, promotion and redistributing part or all of the Contest (and derivative works thereof) and any future similar contests, and (ii) MuchMusic’s network of Internet websites, wireless applications, interactive television, broadcast media, video on-demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which MuchMusic distributes content to end users, whether now existing or hereafter developed (collectively, the “MuchMusic Platforms” and together with any Sponsors’ platforms, the "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 the Sponsors, these rights include, without limitation, the absolute right to edit and/or alter any Submission distribute and synchronize all or any portion of your Submission 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 your Submission; to encrypt, encode and decode, and compress and decompress all or any portion of your Submission; 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 your Submission; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Submission; and to excerpt and/or extract portions of your Submission in order to host, store, index, categorize and display your Submission on or through the Platforms. You specifically waive any and all moral rights and any and all integrity rights in and related to your Submission and agree to evidence same in writing if requested by MuchMusic. The Contest Sponsors reserve the right to use (or not use) your Submission at all and/or as little of the Submission as they so choose.
6. WINNER SELECTION PROCESS: On or about August 27th, 2012 a panel of judges appointed by MuchMusic in its sole discretion will judge all eligible Submissions to select the Prize winner. The entrant who submitted the Submission with the highest overall score, as determined by the panel of judges based on: the creativity of the Submission; and, the quality of the Submission, will be deemed the potential Prize winner. All judging criteria will be weighted equally and the judges’ decisions will be final. In the event of a tie based on total score, the Submission with the highest score on creativity will be deemed the potential Prize winner. Odds of your Submission being deemed the winner will depend on the total number and calibre of Submissions received.
The potential Prize winner will be contacted by phone by a representative of MuchMusic. In the event that the potential winner cannot be contacted within 2 days from the original attempt, he or she will be disqualified and the entrant who submitted the Submission with the next highest score will be deemed the potential Prize winner.
Proof of identification must be provided upon request. Before being awarded the Prize, the potential Prize winner (and in the case of a minor, his/her parent or legal guardian) and his/her traveling companion (and, in the case of a minor, his/her parent or legal guardian) will be required to sign and return within the time stipulated by MuchMusic, a full release and indemnity form stating that he/she has read and understood these Terms, agrees to all of the grant of rights included within these Terms, accepts the Prize as offered and releases Sponsors from any and all liability of any kind arising out of the eligible potential Prize winner and/or his/her traveling companion’s participation in this Contest and receipt and use of the Prize. In the event that the potential Prize winner and/or traveling companion does/do not comply with all the provisions as contemplated in these Terms, Sponsors shall have the right to disqualify the potential Prize winner and/or traveling companion and select an alternate potential Prize winner, and Sponsors shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a potential Prize winner and/or traveling companion, shall be applied, with the necessary amendments, until a qualified Prize winner and traveling companion have been duly selected, but in any event, no later than Monday September 3, 2012.
7. PRIZE: There is one (1) Much Fanta-stic Pass available to be won (the “Prize”). The Prize consists of three (3) trips for the Prize winner and a travelling companion to Toronto, Ontario to attend three (3) MuchMusic events of the winner’s choice, as long as they take place before August 26th, 2013 (subject to the limitations specified below). Each trip includes: round trip economy air fare for two (2) from a major Canadian airport closest to the winner’s place of residence in Canada (hereinafter referred to as the "Departure Point") to a Toronto airport (as selected by the Sponsors); two (2) nights accommodation (based on one (1) room, double occupancy) as chosen by the Sponsors; round trip car service from the applicable Toronto airport to the accommodation; Five Hundred Dollars ($500.00) CAD in spending money; two (2) General Admission wristbands to the selected MuchMusic event; and, a ‘fun experience’ as chosen by the Sponsors (value up to $500.00 CAD). In the event that the winner is under the age of majority, he or she must be accompanied by his or her parent or legal guardian at all times while participating in all components of the Prize. N.B.: Sponsors will do everything in their power to acquire access to the MuchMusic events requested by the winner, however access to MuchMusic events is ultimately subject to many limitations and therefore cannot be guaranteed. In the event that the Sponsors are not able to acquire access for the winner and his/her travelling companion to a requested MuchMusic event, the winner will be asked to select a different MuchMusic event. Examples of MuchMusic events include: a Live At Much concert; a New.Music.Live. interview; the 2013 MMVAs; etc. Examples of ‘fun experiences’ include; a day trip to a theme park; lunch with a VJ; a makeover; etc.
The Prize winner and his/her travelling companion are solely responsible for all costs not expressly described herein including, without limitation, applicable taxes, fuel/currency surcharges, ground transportation (other than described herein), meals and beverages, room service, gratuities, merchandise, telephone calls, insurance together with any required travel documentation, and all personal expenses of any kind or nature, together with any applicable overnight layover. Departure dates and accommodation are subject to availability and change without notice or compensation. Prize winner and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point as the Prize originates and terminates there. It is the sole responsibility of the Prize winner and his/her travelling companion to obtain all necessary travel documentation. Prize winner and his/her travelling companion must be able to travel at the times and dates as determined by the Sponsors in their sole discretion and authority failing which the Prize will be forfeited. It is recommended that Prize winner and his/her travelling companion obtain sufficient personal insurance prior to departure. Prize fulfillment must take place between August 27th 2012 and August 26th 2013. Approximate retail value of the Prize is Twelve Thousand Dollars ($12,000.00) CAD, based on Vancouver departures. In the event that the winner resides within a 200 km radius of Toronto, the Prize is deemed not to include airfare and no cash will be provided in lieu thereof, however return trip ground transportation may be provided at the Sponsors’ sole discretion.
8. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: If you submit a Submission, you represent and warrant to the Contest Sponsors as follows: (i) you are at least thirteen (13) years of age as of June 18, 2012 and, if under the age of majority as of June 18, 2012, that your parent or guardian has given permission for you to submit the Submission, as provided above; (ii) the Submission is your own original, and previously unproduced work; (iii) other than the underlying rights to the Listed Song, if applicable, the Submission is wholly your original creation and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements as set forth above. Each Submission must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, original music, depictions of actors and the like. Further, you will, upon request, furnish to MuchMusic any documentation, substantiation, and releases necessary and reasonably required including, but not limited to, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Submission to prove, confirm, verify, and substantiate your compliance with any or all of these Terms, including, without limitation, the foregoing representations and warranties. In the event you cannot provide all required releases, MuchMusic reserves the right, in its sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for MuchMusic's benefit, or to allow the applicable Submission to be utilized. Additionally, you represent and warrant that you will not have and will not acquire any trademark rights, copyrights, or any other rights in MuchMusic's or Contest Sponsors’ trade-marks, trade names, logos or other intellectual property. Contest Sponsors specifically reserve all their rights to protect their intellectual property against any infringement or other illegal or improper use. You hereby agree to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements hereunder.
10. IMPORTANT: PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering this Contest, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the Contest Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Contest Entities or otherwise, that may limit an your ability to participate in this Contest; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Contest and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Contest (including, without limitation, claims, fines, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy); or (iv) your claim that you have somehow been defamed or portrayed in a false light. The Contest Entities assume no responsibility for any damage to your computer system, which is occasioned by accessing the Much Fanta-stic Pass Website, or participating in this Contest, or for any computer system, phone line, hardware, software or Contest malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsors reserve the right, in their sole discretion, to disqualify anyone who violates the Submission Requirements, who they find to be tampering with the Submission process or operation of the Contest or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, this Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Sponsors, corrupt or affect the administration, security, integrity or proper conduct of this Contest, Sponsors reserve the right, in their sole discretion, to close the Entry Period at any time, cancel, terminate, modify or suspend this Contest or as otherwise deemed fair and equitable by Sponsors.
11. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or your rights and obligations in connection with the Contest or in connection with any Submission or other material submitted in connection with the call for Submissions, shall be governed by and construed in accordance with the internal laws of the province of Ontario without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other province's laws. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In no event will the Contest Entities, their parent, affiliates, subsidiaries and related companies, their advertising or promotion agencies, web masters/suppliers, vendors, contractors or their respective officers, directors, employees, representatives and agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your participation in the Contest. Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. Caution: any attempt to deliberately damage or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, the right is reserved to seek damages to the fullest extent of the law.
No purchase necessary. Some restrictions apply. To enter, submit a video of you completing a challenge listed at muchmusic.com/fantasticpass before 11:59:59 p.m. ET on August 26, 2012. Complete terms and conditions at muchmusic.com/fantasticpass. Open to legal residents of Canada (excluding Qc) who are thirteen (13) years of age or older. One prize: Much Fanta-stic Pass (i.e. 3 trips to Toronto, each to attend a MuchMusic event of the winner’s choice) ARV: $12,000. The odds of winning the prize will depend on the number and caliber of entries. Entries will be judged based upon the following criteria (weighted equally): creativity and quality.