rules
ELIGIBILITY    The on the spot contest (“Contest”) is operated and hosted by OLE MEDIA MANAGEMENT L.P. (“Operator”) on the “on the spot” microsite located at www.majorlyindie.com/onthespot (“Website”). The Contest is open to individuals who are sixteen (16) years of age or older, and who are citizens Canada residing in Canada (excluding Quebec), at the time of entry and who are not presently signed to any record label or publisher under any exclusive agreements and/or other contractual arrangements which prohibit or might prohibit them from participating in any element of this Contest (“Entrants”). Employees, contractors, and directors and officers of Operator, or any of its affiliates, distributors, or web design, advertising and promotion agencies of Operator involved in the administration, development, and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (i.e. spouse, parent, child, sibling, grandparent, and spouse or "step" of each) of each and those living in the same households of any of the foregoing (i.e. persons, whether related or not, who have lived in the same residence for at least three (3) months during the twelve (12) month period preceding the start date of the Contest) are not eligible to be selected as a Winning Entry (as defined below) in this Contest. VOID WHERE PROHIBITED BY LAW OR OTHERWISE. VOID IN THE PROVINCE OF QUEBEC.

SUBMISSION    Entrants must submit (a) one (1) audio-visual recording created by Entrant consisting of a performance of one of the seventy-three (73) musical compositions as found on the Eligible Covers List accessible on the Website (the “Cover Song”) and (b) one (1) audio-visual recording created by Entrant consisting of a performance of an original musical work written entirely by Entrant (the “Original Song”) (the foregoing audio-visual recordings are collectively referred to herein as the “Video Submissions”). Entrants will provide YouTube links to their final and complete Video Submissions using the Website submission form between July 11, 2016 and August 7, 2016 (“Contest Period”). The computer of the Operator is the official timekeeping device for this Contest. For the avoidance of doubt, each Entrant must submit the two (2) Video Submissions described in this section, and may not submit more than two (2) Video Submissions.

ENTRY REQUIREMENTS    No purchase is necessary to enter the Contest, nor will any purchase affect an Entrant’s chances of being selected as a finalist or Grand Prize Winner. By entering a Video Submission and Original Song in the Contest, Entrants hereby warrant and represent that the Video Submissions conform to the Contest Requirements set forth herein. Entrants agree and acknowledge that no compensation will be paid to them for any reason whatsoever including, but not limited to, entering this Contest or creating Video Submissions. All Video Submissions must be submitted via the Website using YouTube video links. Video Submissions must meet the following requirements (“Contest Requirements”) and failure to abide by the Contest Requirements is grounds for disqualification in Operator’s sole discretion: Video Submissions must not contain material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion; Video Submissions shall not defame, misrepresent or contain disparaging remarks about any persons, products or companies; Video Submissions shall not contain materials which are not created entirely by Entrant or which are owned by others (including music "samples", but excluding the Cover Song); and Video Submissions shall not be in violation of any law.

BY SUBMITTING A VIDEO SUBMISSION, ENTRANTS ACKNOWLEDGE THAT VIDEO SUBMISSIONS MAY BE POSTED ON OPERATOR’S WEBSITE, IN OPERATOR’S SOLE DISCRETION. Operator reserves the right to, and may or may not, monitor/screen Video Submissions prior to posting them to the Website. Entrants acknowledge that Operator has no obligation to use or post any Video Submissions. By submitting a Video Submissions, Entrants warrant and represent that: (a) the Video Submissions and the Original Song are the Entrant’s original work; (b) the Video Submissions and the Original Song have not been previously published; (c) the Video Submissions and the Original Song have not previously received awards; (d) the Video Submissions and the Original Song do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) exploitation, use, display or performance of the Video Submissions and the Original Song via any form of media, will not infringe the rights of any third parties. Entrants shall indemnify and hold harmless, Operator and Contest Parties from any claims contrary to or in violation of these warranties and representations. For avoidance of doubt, the foregoing representations and warranties do not apply to the Cover Song.

GRANT OF RIGHTS    The Grand Prize Winner(s) (as defined below) will be required to complete, sign and return an Assignment of Copyright as provided to them by Operator, assigning, transferring, setting over and conveying to Operator an undivided one-hundred percent (100%) of Entrants’ right, title and interest to the copyright to their Video Submissions and the Original Song. Operator and all original publishers will retain 100% of the copyright in and to the Cover Song. Each Entrant shall own the master recording copyright to their Video Submissions and the Original Song, except as otherwise provided above and anywhere else herein.

By entering this Contest, each Entrant agrees that: (i) Contest Parties have the right to use the Entrant’s Video Submissions and the Original Song and Entrant’s name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Contest Parties, and in connection with this Contest or other promotions by Contest Parties as Contest Parties see fit without any further notification or compensation to or of the Entrant; (ii) that Contest Parties shall have no obligation (express or implied) to use any Video Submissions in any manner and Entrants shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of the Video Submissions and/or the Original Song; (iii) to be bound by these Contest Official Rules; (iv) that Entrants may be contacted by Contest Parties by email regarding this Contest; and (v) to indemnify and hold Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by Entrant of the terms and conditions of these Contest Official Rules, including any representations and warranties made herein. By entering this Contest, each Entrant agrees to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to give effect to the rights and obligations granted in these Contest Official Rules.

SELECTION OF TOP TEN FINALISTS    Links to YouTube Videos for Video Submissions may be posted on the Website Period, allowing visitors to the Website to view the Video Submissions. Operator will select the prospective top ten (10) Entrants (“Top Ten”) based solely on the Video Submissions in Operator’s sole discretion, between August 8, 2016 and August 12, 2016 ("Top Ten Period"). Operator will select the prospective Top Ten considering the Entrants’ originality, creativity, presentation and star quality, determined by Operator in its sole discretion. Prior to the posting or other announcement, any prospective Top Ten finalist will be notified by phone and/or e-mail and each Entrant selected as a prospective Top Ten finalist will be required to complete, sign (without amendment) and return the Agreements (as defined below), together with an Assignment of Copyright, as a condition of being declared a Top Ten finalist. Each prospective Entrant selected to form a part of the Top Ten will also be required to send a copy of his/her passport, driver’s license, birth certificate or other official legal or government document, as proof of age and residency. In the event that an Entrant selected as a potential Top Ten finalist is a minor (under the age of eighteen (18)), then the parents or legal guardian of such minor selected to form a part of the Top Ten will be required to sign and return the Affidavit of Eligibility and Liability/Publicity Release, and may be required to execute the Agreements and/or a Parental Approval Certificate, as a condition of such minor being declared a Top Ten finalist. If an Entrant selected to form a part of the Top Ten cannot be contacted within five (5) calendar days of Operator’s first notification attempt; or, in the event of noncompliance by any Entrant with these Official Contest Rules; or if the Agreements or any other required documents hereunder are not properly executed in a timely manner, then that Entrant may be disqualified as a Top Ten finalist in Operator’s discretion, and an alternative Entrant may be selected as determined by the Operator and/or the Contest Parties from the remaining eligible Entrants to replace the disqualified Entrant. To be eligible to participate in the Top Ten, all four (4) Agreements, together with the other documents described in this section, must be signed by Entrant, without amendment, and delivered to Operator before 5:00 P.M. on the fifth (5th) calendar day following the day on which Entrant received all four (4) Agreements from Operator and in any event no later than 5:00 PM on Friday, August 19, 2016. If Entrant is selected as a Grand Prize Winner (see below), Operator will counter-sign the four (4) Agreements and return fully signed copies to Entrant. If Entrant is not selected as a Grand Prize Winner, the Agreements signed by Entrant will become null and void.

OPERATOR ENCOURAGES ALL ENTRANTS TO SEEK ADVICE FROM A QUALIFIED, INDEPENDENT LAWYER EXPERIENCE IN THE MUSIC INDUSTRY TO ENSURE THAT ENTRANT FULLY UNDERSTANDS THE AGREEMENTS BEFORE ENTRANT SIGNS THEM. BY SIGNING THE AGREEMENTS, ENTRANT CONFIRMS THAT HE/SHE HAS EITHER OBTAINED SUCH ADVICE, OR HAVE VOLUNTARILY CHOSEN TO WAIVE IT.

SELECTION OF GRAND PRIZE WINNER(S)    The Top Ten finalists will perform live on Saturday, September 10, 2016 at Rum Runners, located at 178 Dundas Street, London, Ontario N6A 1G7, before a live audience and the on the spot Panel (as defined below). FINALISTS WILL BE RESPONSIBLE FOR THEIR OWN TRAVEL ARRANGEMENTS TO AND FROM THE VENUE, AND ALL ASSOCIATED COSTS. Any Entrants forming a part of the Top Ten under the age of nineteen (19) will be require to sign and deliver to Operator an “Underage Performer Request Form” as delivered by Operator, to be permitted entrance to Rum Runners, by law. From the Top Ten finalists, a panel of judges consisting of five (5) designees of Operator, may, in their sole discretion, select one (1) or more Entrants to win the grand prize as described below (“Grand Prize Winner(s)”), on Saturday, September 10, 2016; those designees being John Ozier, Mike Whelan, Ben Strain, Emily Olson and Shellien Kinsey (the “on the spot Panel”). The Grand Prize Winner(s) will receive counter-signed and fully-executed copies of all four Agreement (as defined below). Operator reserves the right not to select a Grand Prize Winner.

GRAND PRIZE    The prize awarded to the Grand Prize Winner(s) consists of a development agreement with Operator, comprised of a recording agreement, a publishing agreement, an ancillary revenue participation agreement, and a sound recording and audio-visual works administration agreement (collectively, the “Agreements”), having approximate combined monetary value of at least Forty Thousand United States Dollars ($40,000.00 USD), comprised of a $15,000 USD initial recording budget, a $12,000 USD initial period publishing advance, a $6,000 USD initial development fund and a $7,000 USD initial ancillary activities/tour support fund. If the actual combined monetary value of the prize to be awarded to a Grand Prize Winner turns out to be less than the stated approximate combined monetary value, the difference will not be awarded in cash. Operator will make the Agreements available for review prior to selection of the Top Ten finalists at Operator’s offices in Toronto.

GENERAL TERMS    Entrants and Grand Prize Winner(s) are solely responsible for the payment of any taxes on any respective prizes, if any. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. Entrants acknowledge that the Contest Parties shall have no obligations, financial or otherwise, to the Grand Prize Winner(s), except for those explicitly set forth in these Contest Official Rules. Entrants agree that Operator has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Operator and/or Contest Parties are final and binding. By participating in the Contest, Entrants release Operator and all Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest, and agree to resolve any dispute individually, without resort to any class action. Each Entrant agrees that the Operator and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. The Grand Prize Winner(s) grant permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes, as well as the Video Submissions and the Original Song in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. This Contest is governed by the laws of the Province of Ontario, Canada. By entering, Entrants consent to the jurisdiction and venue of the federal, provincial and local courts located in Toronto, Ontario, Canada for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE    No liability or responsibility is assumed by Operator or Contest Parties resulting from Entrants’ participation in or attempt to participate in the Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by the Operator or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website, in whole or in part for any reason; traffic congestions on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Operator and/or Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Contest Official Rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at Entrant’s own risk. Operator and the Contest Parties are not responsible for any personal injury to Entrant or property damage or losses of any kind which may be sustained to Entrant’s or any other person's computer equipment resulting from participation in the Contest, use of the Website or the streaming of the Video Submissions and/or the Original Song or any information from the Website. Operator and/or Contest Parties are not responsible for any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator’s and/or Contest Parties’ failure to enforce any term of these Contest Official Rules shall not constitute a waiver of that provision. Entrants engaging in any of the foregoing activities may be disqualified in Operator’s sole discretion.

OPERATOR: OLE MEDIA MANAGEMENT L.P., 120 Bremner Blvd., Suite 2900, Toronto, ON M5J 0A8
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