Big In A Small Town

  “BIG IN A SMALL TOWN” (the “Series”)
Official Rules and Regulations (the “Series Rules”)


1.    THE APPLICATION PERIOD

The application entry period commences at 10:00 am Eastern Time (“ET”) on May 11, 2012 and concludes at 11:59 pm ET on June 1, 2012, which may be extended in the Producer’s or its Affiliates, as defined hereunder, sole discretion (the “Application Period”)


2.    ELIGIBILITY AND CONDITIONS OF APPLICATION AND PARTICIPATION

Since the Series is designed to showcase and judge the talent of performers who have roughly the same level of experience and maturity, the Series is open to citizens or permanent residents of Canada, or Aboriginals who permanently reside within the territorial boundaries of Canada, who have reached the age of majority in his or her province or territory of residence, excluding the Province of Quebec, and who are otherwise eligible according to the criteria stated in the Series Rules (“Applicants”).

Employees, directors and officers of YTV Productions Inc. (the “Producer”) and Corus Entertainment Inc., along with Sony Music Entertainment Canada Inc. (“Sony”) and Slaight Music Inc. (“Slaight”) (Sony and Slaight are individually and collectively, the “Promotional Partners”) and any affiliate (as defined in the Canada Business Corporations Act) of the Producer and Promotional Partners (collectively, the “Affiliates”) and each of their respective employees, directors and officers, their respective advertising and promotional agencies, or any person or entity involved in the development, production, judging, distribution or other exploitation of the Series or any version or variation thereof as well as family members (defined as spouse, ex-spouse, parents, siblings, children, step-children) of any of the foregoing or those with whom they are domiciled are not eligible to participate in the Series.

Except with the prior written approval of Producer and/or its Affiliates, which approval may be withheld in its or their sole and absolute discretion it is a condition of entry and participation in the Series that the eligible Applicants have not entered into any contractual, sponsorship or other agreement or arrangement in respect of his/her name, likeness, image or performances that in the Producer’s and/or its Affiliates’ sole opinion would conflict with eligible Applicant’s participation in the Series. Applicants, as part of their Application, as defined hereunder, must advise Producer and/or its Affiliates of any such contractual arrangement at the time of the Application Period. Except with the prior written approval of Producer and/or its Affiliates, which approval may be withheld in its or their sole and absolute discretion, eligible Applicants must not belong to any professional performing arts union (i.e. ACTRA, BC Actors Union etc.), guild or be a party to any collective bargaining agreement relating to the subject-matter hereof, and will not become so subject. Notwithstanding the foregoing, Applicants may belong to a union that is not a performing arts union, provided it does not, in Producer’s and/or its Affiliates’ sole and absolute discretion, conflict in any way with Applicant’s participation in the Series. Producer and/or its Affiliates reserve the right to request, at any time, valid proof of age (e.g. birth certificate). Eligible Applicants must not have a criminal record or any pending criminal charges. Applicants must consent to civil, criminal financial and employment background checks, or such other background checks the Producer and/or its Affiliates deem appropriate. All Eligible Applicants must agree to sign an Applicant release form found on http://biginasmalltown.cmt.ca (the “Website”). Eligible Applicants may be required to keep any and all information regarding the Series, and their involvement in it, completely confidential, and may be prohibited from conducting any interviews or providing any comment or information to the public and the media about their participation in the Series, without the prior written consent of the Producer and/or its Affiliates in each case.

All Applicants must be legally entitled to travel and work throughout the world and be so available for the duration stipulated hereunder.


3.    HOW TO APPLY

Applicants should visit the Website during the Application Period to complete an online Series registration form and questionnaire truthfully, accurately and in full (the “Registration Form”), and submit a video of the Applicant’s talent (the “Video”). All Videos submitted must be in accordance with the Application Requirements (see below). Together, the Video and Registration Form shall be referred to as the “Application”.

NOTE: A person may submit no more than one (1) Application during the Application Period and must submit his or her Application as a solo artist (back-up singers and musicians are allowed, but the judges will be focusing on the performance of the Applicant only, as set out in the Application Requirements below). Multiple Applications will be discarded. Applications are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.

Applicants may also find information about the Series through the Series Facebook or Twitter accounts. Please note however that the Series is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Applicants are providing information directly to the Producer and/or its Affiliates and agree to release Facebook and Twitter from any and all liability arising in connection with the Series.


4.    APPLICATION REQUIREMENTS

Applications must comply with the following requirements:

i.    Videos must be no longer than four (4) minutes in length;

ii.    Applicant in the Video must be the featured performer;

iii.    Applicants may not sing to a pre-recorded track in the Video;

iv.    Applicant must perform a song in a Video. The song may be an original song or a cover song from the approved track list. Applicants who perform an original song not wholly written by them must, immediately upon request of Producer and/or its Affiliates, submit a supporting waiver signed by the writer(s)/publisher(s) of such original song acknowledging permission to use the song in the Video and/or Series in any and all media, including but not limited to, audio, print, broadcast or the Internet, in perpetuity throughout the world in and in connection with the Series without further compensation.;

v.    Back-up singers and musicians are allowed in the Video, but the Series judges will be focusing on the solo performance of the Applicant. In the event that any performers or musicians other than the Applicant appear in the Video (each, a “Back-Up Musician”), such persons must be the age of majority in their province or territory of residence or older and must, immediately upon request of the Producer and/or its Affiliates, submit a supporting waiver signed by each of the Back-Up Musicians acknowledging permission to use their name, photographs or other likenesses performance and contribution in the Video and/or the Series in any and all media, including but not limited to, audio, print, broadcast or the Internet, in perpetuity throughout the world in and in connection with the Series without further compensation.

vi.    Applications must be original and not infringe on the rights of any third party, including but not limited to, privacy rights, or contain any third party logos, trade-marks, or copyrighted material. Without limiting the generality of the foregoing, Applicants should refrain from wearing any clothing items bearing designer or sports logos or any likeness of a celebrity, living or dead in their Videos;

vii.    Videos must not require any payments to be made by the Producer, Promotional Partners and/or Affiliates to the Applicant, third parties, music publishers, mechanical rights agents, persons who contributed to or appear in the Video, licensors, unions or guilds;

viii.    Applications must not have been submitted in any previous Canadian television network talent search series (each, a “Previous Talent Search Series”) and Applicants must not have appeared as a featured performer in a Previous Talent Search Series within the two-year period preceding the commencement of the Application Period;

ix.    Acceptable formats of Videos include: .wmv, .mov or .mpg with a maximum file size no more than 50 MB;

x.    Applications must be in English;

xi.    Applications must not be unlawful, defamatory, disparaging or discriminatory of any individual or group of persons;

xii.    Applications must be free from vulgar language or sexually explicit language, expletives or suggestion of gratuitous violence, references to illegal or inappropriate activity, behavior or conduct, references to commercial products, Web site URLs; or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Producer and/or its Affiliates in its or their sole discretion;

xiii.    Applications must not infringe the privacy rights of any person, living or deceased, famous or non-famous, including without limitation, that it may not reveal any personal information about another individual such as that person’s name, image, address, phone number, email address, license plate number,  or any other information used to contact or track that person;

xiv.    Videos must not be harmful to other users of the Website including with limitation viruses, trojan horses or other technologies that could adversely impact the Series;

xv.    Applications must not be disparaging to the Producer, Promotional Partners and/or Affiliates or inconsistent with the positive images and/or goodwill to which Producer, Promotional Partners and/or Affiliates wish to associate; and

xvi.    Videos must be compliant with the Canadian Broadcast Standards Council’s Code of Ethics located at the following URL: (http://www.cbsc.ca/english/codes/cabethics.php).

Applicants are fully responsible for their Applications and compliance with the foregoing. Without limiting the generality of the foregoing, Applicants represent and warrant that they solely own or control all right, title and interest in and to the Application (excluding the rights to the underlying compositions of cover songs). Applicants hereby agree to indemnify Producer, Promotional Partners, Affiliates  and/or their licensees and assigns from and against any third party claims, losses and damages (including reasonable legal fees and costs) arising from any use by the Producer, Promotional Partners, Affiliates and/or their licensees and assigns thereof.

Videos selected will be reviewed, and potentially edited, before or after possibly being posted on the Website. Applications may be disqualified if they are not completed and submitted during the Application Period, or if the Application does not conform to the Application Requirements, such decision to be made by the Producer and/or Affiliates in its or their sole discretion. The Videos selected that are deemed appropriate will be reviewed by the Series casting team who, in their sole discretion, will determine if Applicant’s video will be posted on the Website, included in the Series in any form and/or if Applicant will be considered for the Series.  

If a Video, musical performance and/or appearance by the Applicant is selected for possible inclusion on the Website and/or the Series, Producer and/or its Affiliates, in its or their sole discretion, may request the Applicant re-do and resubmit part or all of the Video, or the underlying performances, prior to it being posted on the Website and/or the Series or any time thereafter.

All of the foregoing shall be determined in Producer’s and/or its Affiliates’ sole and absolute discretion. All decisions made by the Producer and/or its Affiliates are binding and final.


5.    CONTENT RIGHTS

By applying for the Series, each Applicant hereby irrevocably grants to Producer, the Promotional Partners and/or the Affiliates and each of their respective licensees, successors and/or assigns:

(i) a royalty-free, perpetual, non-exclusive licence in and to the Application and results and proceeds from his or her participation in and in connection with the Series, including but not limited to, the exclusive unconditional and irrevocable right throughout the universe in perpetuity to use, copy, adapt, exhibit, display, distribute, reproduce, translate, modify, edit, prepare derivate works of, or otherwise exploit, in whole or in part, and all images, text and materials depicted therein, in any manner or medium now or hereafter known or devised (or refrain from doing so) the Application, on the Website, in and in connection with the Series (including, without limitation, any portion of his or her appearance on the Series, outtakes, interviews or at any auditions and the appearance of Applicants’ performance on the Series) and/or for advertising or promoting the Series or for any other reason in any manner whatsoever, and by any and all means and media, whether now known or hereafter devised (“Media”), without any further compensation. Applicant hereby forever waives unconditionally and irrevocably any so-called “Moral Rights” wherever and whenever so recognized throughout the universe in connection with the Application.  “Media” shall include, without limitation, any and all forms of television (including without limitation, commercially sponsored, sustaining, and subscription television, free television, syndicated television, pay television, cable, pay-cable, MDS, LPTV, satellite, broadcast); CDs, video cassettes, discs and DVD, CD-ROM; streaming media, interactive media, the Internet, on-line services, wireless services, MMS and SMS messaging. The rights granted to Producer, the Promotional Partners and/or Affiliates in this Section shall also include, without limitation, the right to produce spin-offs, sequels and remakes, advertising and promotion rights and merchandising rights including but not limited to the decision to enter into Option Agreements, as defined below. Applicants agree that Producer and/or Affiliates shall have the sole discretion in determining the extent and manner of use of Application and are not obligated to use any of it, in whole or in part;

(ii) permission to use the Application, his, her and any other Back-Up Musician name(s), voices, statements about the Series and/or photographs or other likenesses without further compensation, in any publicity or advertisement carried out by the Producer, the Promotional Partners and/or Affiliates, in any manner whatsoever, including audio, print, broadcast or the Internet in perpetuity;

(iii) to release and hold harmless the Producer, the Promotional Partners, the Affiliates each of their advertising and promotion agencies, and each of their respective agents, employees, directors, successors, and assigns, from and against any and all claims, injury or damage arising out of or in relating to the Application, Applicant’s participation in the Series, any contributions by third parties to the Application, and further against any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action;

(iv) Notwithstanding that a non-exclusive license in the Application is being granted hereunder, Applicant acknowledges that as a condition to being selected as a Series participant or finalist of any kind, Producer and/or its Affiliates may request that an Applicant’s Application, and any rights therein (excluding any musical work(s) embodied therein) be assigned to Producer, Promotional Partners and/or Affiliates and Applicant may be required to confirm such assignment by completing and submitting the Release Form, as defined below (and any other documents reasonably required by Producer, Promotional Partners and/or Affiliates) or such Applicant will otherwise be disqualified from appearing in the Series and/or receiving a prize, as applicable. Applicants must maintain the ability to assign all such rights to Producer, Promotional Partners and/or Affiliates free of any limitations, restrictions or third party obligations; and

(v) Applicant agrees not to issue any publicity concerning Producer, Promotional Partners, Affiliates and/or the Series, without their prior written consent in each case, which may be withheld in their sole and absolute discretion. Applicant agrees that none of the Producer, its Affiliates and/or its licensees or agents, shall be responsible for return or preservation of the application, including the Application, whether in whole or in part.  Videos or any derivatives thereof that are posted on the Website are available to be viewed by anyone with access to the Internet.  Each Applicant acknowledges that other applicants may have created ideas and concepts contained in their Applications that may have familiarities or similarities to his/her own Application, and that he/she will not be entitled to any compensation or right to negotiate with the Producer and/or its Affiliates because of these familiarities or similarities.  Nothing herein shall create an implied or express contract to compensate Applicant or any third parties for the Application and there is no obligation for Producer, Promotional Partners and/or Affiliates to pay or otherwise compensate Applicant or any third parties for any of their ideas or materials in any communications with them whatsoever.    


6.    SELECTION OF SERIES COMPETITORS, SEMI-FINALISTS, FINALISTS AND GRAND PRIZE WINNER

(i)    Before 2:00 pm ET on June 4, 2012 (the “Selection Date”), approximately thirty (30) eligible Applicants will be selected as potential series competitors based on the following factors: (a) information and content provided in the Application; (b) the region the Applicant has chosen in the Application and (c) the particular unique skill, originality, creativity and all-around entertainment value exhibited by the Applicant (the “Factors”), to be decided in the Producer’s and/or its Affiliates’ sole and absolute discretion (the “Series Competitors”). Producer and/or its Affiliates in its or their sole discretion, may choose to decide which region the Series Competitors will be selected to perform in, to alter the number of Series Competitors and/or may choose to change or extend the Selection Date.

(ii)    Potential Series Competitors will be contacted by a Producer representative shortly after the Selection Date by telephone and/or email, as provided by the Applicants in their Registration Form to confirm their availability to participate in the Series, provided that Producer and/or Affiliates reserve the right to contact one or more Series Competitors at any time if a last-minute availability in the Series arises. Any Applicants who are selected as potential participants in the Series must execute waivers and release agreements, including a Series agreement and release and any and all other agreements as required by the Producer, the Promotional Partners, the Affiliates and/or one or more broadcasting networks, or any of their licensees, successors or assigns. Potential Series Competitors found to be ineligible or who decline to be chosen as a Series Competitor, for reasons including but not limited to, compliance with the terms set out in these Series Rules and/or the Participant Series Agreement or who are unable to be contacted (including failing to return phone calls or emails), or who are unable to travel to the taping of a Series program taking place in one (1) of the cities set out below as well as additional tapings taking place in these or other cities to be determined by Producer and/or its Affiliates in its or their sole discretion  (individually and collectively, the “Tapings”) may be required to forfeit their chance to appear in the Series and another Series Competitor may be chosen from the pool of Applicants, such decision to be made by Producer and/or Affiliates in its or their sole discretion.

(iii)    All Series Competitors will be divided into six (6) groups comprised of five (5) Series Competitors. All thirty (30) Series Competitors will be taped for possible inclusion in one (1) or more of the three (3) episodes scheduled to be broadcast (each, a “Episode”) but there is no obligation on the part of Producer or its Affiliates that every Applicant’s Video and/or taped performance, whether in whole or in part, will be included in the broadcast of the final cut of one (1) or more Episodes. The six (6) Tapings are scheduled to take place in one (1) of the following cities on or about the following dates (all of which are subject to change, in Producer’s and/or their Affiliates’ sole discretion):

a.    Penticton, BC – June 13 – 15, 2012
b.    Jasper, AB – June 16 – 18, 2012
c.    Saskatoon, SK – June 19 - 21, 2012
d.    Charlottetown, PEI – July 9 – 11, 2012
e.    Halifax, NS – July 12 - 15, 2012
f.    Niagara-on-the-Lake, ON – July 16 - 18, 2012

(iv)    Transportation, accommodations and other reasonably necessary expenses to the Series Competitors appearing at the Tapings will be arranged and provided for by Producer and/or its Affiliates in its or their sole discretion. During each Taping the designated group of Series Competitors will perform their musical performance in a manner as requested by Producer and/or its Affiliates, for a panel of Series judges in front of a live audience (collectively, the “Series judges”).  After the end of the Tapings, one (1) eligible Series Competitor will be selected by the Producer, Promotional Partners, Affiliates and/or Series judges, as the winner of that Taping (the “Semi-Finalists”) which selection shall be based on, with the exception of 6(i)(b), the Factors set out in 6(i). Members of the public may have the opportunity to provide feedback, opinions or “likes” regarding the Series Competitors through social media or other outlets, however, the decisions of the Producer, the Promotional Partners, Affiliates and/or Series judges in the selection of the Semi-Finalists are final and binding in all respects.

(v) From approximately September 3, 2012 until September 7, 2012, the Semi-Finalists will appear in Toronto, Ontario to perform on a final episode of the Series (the “Series Finale”). During the Series Finale the designated group of Semi-Finalists will perform their musical performances in a manner as requested by Producer or its Affiliates, for a panel of Series judges in front of a live audience.  After the end of the Series Finale, two (2) eligible Semi-Finalists will be selected by the Producer, the Promotional Partners, Affiliates, and/or the Series judges as the finalists of the Series (the “Finalists”), which selection shall, with the exception of 6(i)(b), be decided on the basis of the Factors set out in 6(i).  Transportation, accommodations and other reasonably necessary expenses for the Semi-Finalists appearing in the Series Finale will be arranged and provided for by Producer and/or its Affiliates, in its sole discretion. Members of the public may have the opportunity to provide feedback, opinions or “likes” regarding the Finalists through social media or other outlets, however, the decisions of the Producer, the Promotional Partners, Affiliates and/or Series judges in the selection of the Finalists are final and binding in all respects.

(vi)    The two (2) Series Finalists will then be flown to Saskatoon, Saskatchewan on or about September 7, 2012 to attend and possibly appear live at the Canadian Country Music Association awards show scheduled to be broadcast on CBC on September 9, 2012 (“CCMAs”). Based on the decision of the Producer, the Promotional Partners and/or Series judges, one (1) of the two (2) Finalists will be crowned the winner of the Grand Prize, as described below. The selection of the Grand Prize winner shall, with the exception of 6(i)(b), be decided on the basis of the Factors set out in 6(i). Transportation, accommodations and other reasonably necessary expenses for the Finalists to travel to the CCMAs will be arranged and provided for by Producer and/or its Affiliates, in its or their sole discretion. Members of the public may have the opportunity to provide feedback, opinions or “likes” regarding the selection of the Grand Prize winner through social media or other outlets, however the decision of the Producer, Promotional Partners, Affiliates and/or Series judges in the selection of the Grand Prize winner is final and binding in all respects.

(vii)    Producer or the Affiliates and/or their assignees reserve the right, in its or their sole discretion, at any time and without notice, to change these Series Rules and the structure of the Series as it sees fit, including but not limited to, the proposed schedule, adding or deleting Episodes, auditions or cycles, the number or selection of Applicants, elimination rounds or requests for additional performances.

The decisions of the Producer, the Promotional Partners and/or the Affiliates are final and binding in all matters relating to this Series, including interpretation and application of these Rules.


7.    THE GRAND PRIZE

The Grand Prize winner will receive the following grand prize:

*    A singles-based exclusive artist agreement (the “Singles Deal”)  with Slaight in respect of Grand Prize winner’s recording, music publishing, broadcasting, promotion, touring, live performances, merchandising, sponsorship and/or audiovisual performance rights which will include substantially all of the following elements:
1.    a recording budget (to be administered by Slaight in its sole discretion) to fund recording sessions for up to three-songs with a recognized music producer to be selected by the Promotional Partners;
2.    A&R support;
3.    publicity services; and
4.    marketing and promotional support
5.    an exclusive option to enter into an album-based exclusive artist agreement on terms to be negotiated in good faith with one or both of the Promotional Partners (such option to be exercised by one or both of the Promotional Partners in its or their absolute and sole discretion) in respect of the Grand Prize winner’s recording, music publishing, broadcasting, promotion, touring, live performances, merchandising, sponsorship and/or audiovisual performance rights;
*    Production of two (2) music videos, funded by CMT Canada;
*    An opening slot on the CMT Canada Tour; and
*    An opportunity to present the “Video of the Year” Award at the 2012 CCMA® Awards in Saskatoon
 
(the “Grand Prize”)

The total approximate value of the Grand Prize is CDN$100,000


8.    NO REPRESENTATIONS OR WARRANTIES

None of the Producer, Promotional Partners nor any Affiliates make any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize or any other prizes (or any elements thereof) awarded in or in connection with the Series, the level of promotion provided and the Applicants each understand and acknowledge that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Producer, Promotional Partners and/or Affiliates should any product or service, including but not limited to, the Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to the Applicant.


9.    ADDITIONAL AGREEMENTS AND CONDITIONS REQUIRED OF FINALISTS

Before being considered as a participant on the Series, the selected Applicants must each:

a)    Sign a Series Participant Release and Declaration and Release of Liability (the “Release Forms”) confirming that by applying to participate in the Series:
*    he or she read, understood and accepted these Series Rules;
*    has signed or will sign an assignment of rights and waiver of moral rights relating to the Application and results and proceeds from his or her participation in and in connection with the Series;
*    that he or she understands that participation in the Series or acceptance of a 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 the Series and being awarded a prize and that the Series is in no way intended to be an invitation or inducement to perform hazardous or risky stunts;
*    that he or she releases Facebook, Inc., Twitter, Inc., Producer, Corus Entertainment Inc. Promotional Partners, the Affiliates, the Series judges, any Series-related broadcasters, and each of their respective directors, officers, employees, licensees, 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 the Series and acceptance of a prize, whether in whole or in part, 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 the Series or accepting a prize, whether suffered by the 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;
*    that the Producer, Promotional Partners and/or Affiliates have the right (but not the obligation) to use Applicant’s or other Video participants names, likenesses and images and to license the songs and performances embodied in the Application in any and all media on a worldwide, royalty-free basis, including without limitation for a possible compilation of audio and/or audiovisual recordings relating to the Series and any or prequels, sequels, spin-offs and/or “best-ofs” in relation thereto;
*    that, if he or she is declared a Finalist, he or she will negotiate in good faith the terms of the Singles Deal (provided that the principal commercial terms shall not be subject to negotiation) and enter into the Singles Deal, provided that the Singles Deal will only become effective for and binding upon the Grand Prize winner;
*    that he or she grants one or both of the Promotional Partners the exclusive right (but not the obligation) exercisable during the beginning of the Application Period and continuing for six (6) months after the airing of the last episode of the Series, (the “Exclusivity Period”) to enter into exclusive agreements with such Applicant in respect of live performances, recording, publishing, broadcasting, promotion, consultation, artist management, touring, merchandising, sponsorship and/or audiovisual performance rights on terms to be agreed in good faith (the  “Semi Finalist Option”);
*    that he or she has not entered into, nor will not enter into during the Exclusivity Period any contract or arrangement that might, in the sole discretion of the Producer and/or its Affiliates, interfere with his or her ability to participate in the Series or with Producer’s rights hereunder or with the rights contemplated by the Singles Deal or the Semi-Finalist Option. To this end, during the Exclusivity Period, Applicants must advise Producer and/or its Affiliates of every entertainment-related contract (whether written or oral) that Applicant is a party to, and every public performance or appearance offered to Applicant or tentatively scheduled and obtain Producer’s and/or its Affiliates’ prior written approval for Applicant to so appear (which may be withheld in Producer’s and/or its Affiliates’ sole but reasonable discretion);
*    that, with the exception of his or her immediate family members or professional designees, he or she shall not intentionally reveal, divulge, or expose any confidential information or secret elements of Applicant’s performance, a Taping, the Series, in whole or in part without the prior written approval of Producer and/or Affiliates in each case. Applicants who choose to shall use best efforts to ensure such family members and/or professional designees, as applicable, comply with the terms of this provision in full; and
*    that the Producer, the Promotional Partners and/or the Affiliates may require Applicants to sign further documents and agreements as a condition of their participation in the selection process and the Series. Applicant agrees to execute such further documents and instruments and do any other acts or deeds as Producer, the Promotional Partners, the Affiliates and/or their respective licensees or assigns, may reasonably request in order to effectuate this Agreement or as otherwise required to evidence or protect their respective rights hereunder.

Release Forms will be emailed to Applicants at the email address provided on his or her Registration Form.  Participation will only be granted upon return of fully executed Release Forms to the email or fax number provided to the Applicant. Failure to return a signed Release Form as instructed by the Producer and/or its Affiliates may result in disqualification from the Series and forfeiture of all prizes, such decision to be determined by Producer and/or its Affiliates in its sole discretion.


In addition, in the event that the potential Finalist does not enter into a Singles Deal in accordance with the Series Rules, this may result in his or her disqualification from the Series and forfeiture of all prizes, such decision to be determined by Producer, the Promotional Partners and/or their Affiliates in their sole discretion and the Producer, Promotional Partners and/or their Affiliates and Series judges shall have the right to select an alternate potential Finalist and the Releasees shall be fully and completely released and discharged from any liability or responsibility in this regard.

 
10.    PRIZE SUBSTITUTION

The decisions of the Producer, Promotional Partners, the Affiliates and Series judges are final and all prizes, including the Grand Prize, and prize portions are non-exchangeable, non-transferable, and non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions (except in Producer’s, Promotional Partners’ and/or Affiliates’ sole discretion). The Producer, Promotional Partners and/or Affiliates reserve the right, in their sole discretion, to substitute and/or modify any prize, including the Grand Prize, or prize portion, with (a) prize(s) of equal or greater value for any reason. Should a winner be unable to claim his/her prize or prize portion as awarded, his/her rights to that prize or prize portion may be required to be forfeited, such decision to be made by Producer, Promotional Partner and/or Affiliates in their sole discretion.

 
11.    TERMINATION/MODIFICATION

Subject to applicable law, the Producer and/or its Affiliates reserve the right to cancel, suspend, terminate, modify the Series Rules or the Series, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Series is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes, whether natural or man-made, beyond the control of the Producer and/or its Affiliates. The Producer and/or its Affiliates assume no responsibility for lost, late, misdirected, stolen, destroyed or otherwise indecipherable Applications 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.

12.    PUBLICITY

By applying for the Series, each Applicant consents to the use of his or her name, biographical data, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality including but not limited to excerpts from his or her Application, for any publicity and programming purposes, commercial or otherwise, throughout the world, in all media in perpetuity, without any payment or compensation.  


13.    CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION

By applying and/or participating in the Series and voluntarily providing personal information including, but not limited to, name, address, city, email address and telephone number(s) (the “Applicant Information”), each Applicant grants permission to the Producer, the Promotional Partners and/or their Affiliates to collect and use of the Applicant Information for the exclusive purpose of administering the Series and selecting the Grand Prize winner(s).  No correspondence will take place between the Producer, the Promotional Partners and/or their Affiliates and the Applicants except in connection with the Series, whether directly or indirectly.


14.    TAMPERING/FRAUD  

If for any reason the Series or any Episode is not capable of running as planned, including but not limited to due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, labour strikes, or any other cause beyond the reasonable control of the Producer, the Promotional Partners and/or Affiliates reserve the right, in their sole discretion, to cancel, terminate, modify, extend or suspend the Series and/or prizes, including the Grand Prize. The Producer, the Promotional Partners and/or Affiliates further reserve the right to disqualify, from this Series and future contests or series of the Producer, the Promotional Partners, the Affiliates or any of their designees, any individual who tampers with or in any way corrupts the application process. The Producer, the Promotional Partners and/or Affiliates may prohibit an Applicant from participating in the Series or winning a prize at any time, if, in the Producer’s’ the Promotional Partners’ and/or Affiliates’ sole discretion, it is determined that said Applicant has attempted or is attempting to undermine the legitimate operation of the Series by cheating, hacking, deception, providing incomplete or false information in connection with their Application, or any unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Applicants, the Producer, Promotional Partners, the Affiliates, the Series judges and/or any of their employees or representatives. Any attempt by an Applicant or any other individual to deliberately damage any website or undermine the legitimate operation of the Series may be in violation of criminal and civil laws and should such an attempt be made, the Producer, Promotional Partners and/or Affiliates reserve the right to seek remedies and damages (including, without limitation, legal fees) from any such Applicant or any other individual to the fullest extent permitted by law, including criminal prosecution.


15.    LIMITATION OF LIABILITY

By applying to the Series, the Applicant agrees that the Releasees shall have no liability and shall be held harmless by the Applicant for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Series, the acceptance, possession, use, enjoyment or misuse of any prize, or while preparing for, participating in any Series-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, lost, misdirected, delayed Applications, whether caused by any of the Releasees, users or by any of the equipment or programming associated with or utilized in the Series 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 Applicant’s ability to participate in the Series.


16.    WHERE SERIES RULES AVAILABLE

These Series Rules are available online at the Website.


17.    COMPLIANCE WITH SERIES RULES

All Applicants agree to abide by the Series Rules and any other terms and conditions governing Applicants participation in connection therewith, which are subject to change at the sole discretion of the Producer, the Promotional Partners and/or their Affiliates.


18.    COMPLIANCE WITH LAWS

These Series Rules are subject to all federal, provincial, territorial and municipal laws and regulations of Canada and of each province, territory and municipality of Canada, respectively.


© YTV Productions Inc., 2012.

** Approved track list subject to change.