Competition Rules
(THE "COMPETITION RULES")
ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE ANY TIME PRIOR TO OR DURING THE COMPETITION.
1. Entry Procedures to the Competition
1.1. The procedures for entry and participation in the Competition are subject to the Competition Rules.
1.2 The Competition is open to individuals aged 16 and up on June 1, 2011, who are Canadian citizens, permanent residents of Canada or Aboriginals who permanently reside within the territorial boundaries of Canada. All Competitors must be legally able to work in Canada. Competitors must provide valid proof of age and photo identification (such as a birth certificate and driver's license or a passport) upon claiming their prize.
1.3. Individuals who are employees of, or live with an employee of, or are a parent, sibling or child of an employee of, the following entities are not eligible to participate in the Competition: the Hosts (EMI Music Canada, a division of EMI Group Canada Inc. ("EMI")), their advertising and promotional agencies; any person or entity connected with the Competition; and the parent companies, affiliates, subsidiaries, agents or representatives of any of the above entities.
1.4. No Competitor will be permitted to participate without having evidenced their agreement to these Terms via the applicable Competition Website "click-thru" procedures.
2. Uploading of Competitor Material
2.1 In order to enter the Competition, Competitors will be required to Competitors will be required to:
(a) select the city in which they wish to attend the Katy Perry Concert:
(b) supply their actual first and last names, email address;
(c) upload to the upload site at emission-online.com/katytix an original short essay (approximately 200 words) (a "Plea") where they can write an appeal to potential voters as to why they should be awarded the Prize.
2.2 Pleas will immediately be made available to all Fans and Competitors via the emission-online.com/katytix Competition Website for reading and voting and will be displayed with the Competitor's full name.
2.4 It is a condition of entry and participation in the Competition that the Competitor have access to appropriate computers/devices with internet access for participation in the Competition.
2.5 It is a condition of entry and participation in the Competition that the Competitor represent and warrant that:
(a) the Hosts, their customers, or their licensees shall not be required to make any payments with respect to material or content that Competitor submits to the Competition Website, including but not limited to payments to Competitor, third parties, copyright societies, persons who contributed to Competitor materials or content, Competitor licensors, unions, or guilds, and Competitor has full right and power to enter into and perform under these Terms, and has secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
(b) the material or content that Competitor submit to the Competition Website will not infringe on any third party's copyright, patent, trademark, personality rights, or trade secret;
(c) In addition, if Competitor posts such material or content in violation of these rules Competitor acknowledges and agrees that the Hosts, at their sole discretion, may disqualify the Competitor from the Competition and remove the material. Notwithstanding, Competitor shall remain responsible for such material or content, the Competitor shall indemnify and hold harmless the Hosts from any and all damages or losses resulting from Competitor posting of such material or content.
2.6 Upon initial upload, Competitor grants to Hosts and their affiliates a worldwide, royalty-free, exclusive, license to use, copy, reproduce, distribute, prepare derivative works of, display, perform, publicly and otherwise exploit Competitor's uploaded Pleas, and full names in connection with the Competition Website, including the Leaderboard and the Hosts's (and their successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Competition Website (and derivative works thereof) in any media formats and through any media channels (the "License").
2.7 Time for entry to the Competition depends on the city selected as set out below:
Toronto - open for entry from June 24, 2011 at 1:00 pm EST until June 27, 2011 at 11:59 pm EST. Voting by Fans for Competitors that selected Toronto will be open from June 24, 2011, at 1:00 pm EST to June 27, 2011 at 11:59 pm EST (a "Voting Period").
Regina - open for entry from June 24, 2011, at 1:00 pm EST until July 8, 2011 at 11:59 pm EST. Voting by Fans for Competitors that selected Regina will be open June 24, 2011 at 1:00 pm EST to July 8, 2011 at 12:00 pm EST (a "Voting Period").
Edmonton - open for entry from June 24 2011, at 1:00 pm EST until July 13, 2011 at 11:59 pm EST. Voting by Fans for Competitors that selected Edmonton will be open from June 24, 2011 at 1:00 pm EST to July 13, 2011 at 11:59 pm EST (a "Voting Period").
Vancouver - open for entry from Jun 25, 2011, at 1:00 pm EST until July 14, 2011 at 11:59 pm EST. Voting by Fans for Competitors that selected Vancouver will be open from June 24, 2011 at 1:00 pm EST to July 14, 2011 at 11:59 pm EST (a "Voting Period").
2.8 The Hosts take no responsibility for entries that are lost, misdirected, delayed, or received after the Competition deadline or any issues associated with trying to post content and any corruption that occurs to posted. Only one email address and account may be used by any person to enter the Competition.
3. Winners
3.1 The Winners will be selected on the basis of voting by Fans. One (1) Winner will be chosen per city.
Voting
* Votes are cast by Fans on the Competition Website.
* Each Competitor will have their own unique URL that they can distribute to their friends and family displaying their plea and the Competitor's full name.
Fans can vote by the button labeled "Vote!" on the Competitor's page.
Each Fan may vote for as many Competitors as they wish, but Votes shall be limited one vote per Fan for each Competitor per 24 hour period during the Voting Period. The use of any means (electronic, automated or otherwise) to circumvent measures taken to enforce this rule or the provisions of this rule is strictly prohibited and Hosts in their sole discretion may take any measures it deems necessary, including without limitation, the disqualification of suspect votes, and the disqualification of any Competitor involved either directly or indirectly with of the Competition. All votes are subject to verification and will be declared invalid if they are falsified, altered or tampered with in any way.
3.2 The Hosts will notify Competitors who have been chosen as Winners of the Competition as soon as reasonably practicable after conclusion of the Closing. The Hosts shall not be obliged to notify unsuccessful Competitors.
3.3 Prizes - Winners will receive 2 tickets to one of the following Katy Perry concerts in the following cities in Canada (each set of tickets, a "Prize"):
Toronto June 30, 2011
Regina July 13th, 2011
Edmonton July 17th, 2011
Vancouver July 19th, 2011
The city in relation to the Prize will be determined based on the city selected by that Winner upon entry to the Competition. Note that the initial selection of a city by a Competitor is final and cannot be changed after the entry has been submitted to the Competition Website. Winners are responsible for their own travel arrangements to and from the concert. All travel expenses, meals, insurance, items of personal nature and all other costs and expenses not specifically stated as included herein are the sole responsibility of the winner and his/her travel guests. In the event that the winner does not use any portion of the Prize, there will be no extension, transfer, substitution or any kind of compensation provided. The Prize must be accepted as awarded without substitution and is not transferable, not for resale and has no cash surrender value. The Sponsors reserve the right, in the event that the Prize or any component of the Prize cannot be awarded as described for any reason, to substitute another prize or component of a prize of equal or greater value, without liability.
3.4 Leaderboard: The homepage of the Competition site displays the full names of the five Competitors with the highest vote count in each city. The vote count for each Competitor will be displayed on that Competitor's personal page.
5. Other Terms and Conditions
5.1 lt is a condition of entry and participation in the Competition that Competitors agree to and evidence their agreement with the terms of all applicable Release Forms in a form acceptable to the Hosts in their sole discretion, and abide by terms and conditions of such Release Forms and the rules, regulations, terms and conditions as devised from time to time by the Hosts including but not by way of limitation the Competition Rules. As part of Competitors' contribution to the Competition, the Hosts may request Competitors to participate in any online/interactive activity relating to the Competition including without limitation recordings of web-casts, interviews and participation in so-called 'chatrooms' and to participate in various interviews, appearances, promotional, publicity, sponsorship and merchandising activities.
5.2 It is a condition of entry and participation in the Competition that the Competitor has not entered into any contractual, commercial, sponsorship or other arrangements in respect of his/her musical, songwriting or performing abilities or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of any of the Release Forms or the Competition Rules or otherwise prevent the Competitor from participating in the Program or the broadcast, promotion, exploitation or sponsorship thereof.
5.3 The Hosts' and Judges' decision (or, where appropriate. the decision of the voting Fans, as recorded by the voting service provider) is final and the Competitors acknowledge that the interests of the Competition shall override those of any Competitor. Where the integrity of the public voting system is compromised or the public voting system is otherwise not functioning, as determined by the Hosts in their sole discretion, the Hosts reserve the right to make all final decisions relating to the Competition.
5.4 The Hosts reserve the right to change the structure of the Competition as it sees fit including, without limitation, adding or deleting Competitors to the Competition and/or changing the anticipated Voting Period schedule.
5.5 The Hosts have the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Competition. All personal details and information requested by and supplied to the Hosts by each Competitor must be truthful, accurate and in no way misleading. The Hosts reserve the right to disqualify any Competitor from the Competition in its sole discretion, should the Competitor at any stage supply untruthful, inaccurate or misleading personal details and/or information or should the Competitor be ineligible for the Competition pursuant to the Competition Rules.
5.6 The Hosts will have no liability to a Competitor who is unable to upload, take part in any part of the Competition for whatever reason, as determined by the Hosts in their sole discretion.
5.7 The Hosts reserve the right to amend the Competition Rules or terminate the Competition at any time without any liability to any Competitor. The Hosts further reserve the right to replace at its discretion any Competitor who for any reason fails or is disqualified from or unable to participate in any aspect of the Competition, as determined by the Hosts in their sole discretion, with another replacement Competitor, notwithstanding that such replacement Competitor may have been previously eliminated from the Competition.
5.8 There is no obligation on the part of the Hosts to exploit any part of the Competition in which a Competitor has appeared or any part of his/her contribution to the Competition.
5.9 In the event that as a result of the public vote in any round, two (or more) Competitors are tied, the Hosts shall be entitled to determine in their absolute discretion which Competitor is eliminated and/or which Competitor is a Winner and for this purpose it shall be entitled to make such arrangements as it in its absolute discretion deems necessary.
5.9 All Competitors agree that the Hosts and their agents can use, exploit and distribute, in any media whatsoever, including without limitation the Internet, now known or hereafter created, worldwide in perpetuity, the Competitor's Videos, Pleas, performances and appearances, the Competitor's comments and the Competitor's name, likeness, image or voice without any further consent or compensation of any nature or kind. All Competitors agree to waive any and all copyright interest, of any nature or kind, they may have in their comments, performances and appearances, including without limitation any moral rights in the foregoing.
5.10 Competitors acknowledge that EMI Music Canada, a division of EMI Group Canada Inc., the advertising agencies and any person or entity connected with the production, administration or judging Videos and Pleas, or the Competition, and any of their respective parent companies, affiliates, subsidiaries, agents or representatives, are not responsible for and are in no way liable for any injuries, loss or damages caused by: (i) the administration (including scheduling) of the Competition; (ii) the Competitors or any third party's participation in the entry process, or being selected or disqualified; (iii) as a result of the decisions of the Hosts or public voting; or (iv) any printing, typographical or technological errors in any materials associated with the Competition.
In the event of any dispute concerning the operation of any element of the Competition or these Competition Rules, the decision of the Hosts will be final.
6. Definitions
"Age of Majority"
18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec & Saskatchewan.
19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon.
"Competition"
The skill competition comprised within the Competition Website including without limitation all Activity and subject matter related to such skill competition and the Competition Website. lt is intended that the Winner of the Competition will ultimately be selected by public vote.
"Competitor(s)"
Any person who enters the Competition.
"Fan"
Any person who opens a valid account on the Competition Website who is not necessarily (but who may be) a Competitor and has the ability to access, view and read all Pleas or other content on the Competition Website and has the ability to vote for a Competitor, and post comments in appropriate areas of the Competition Website.
"Competition Website"
The website located at emission-online.com/katytix from which the Competition is hosted and from which Fans can observe and comment on the Competition.
" Winner"
The Competitor who wins the final vote.