2023 RBC EMERGING MUSICIAN PROGRAM
PARTICIPANT’S DECLARATION AND RELEASE FORM
(herein “Release”) TERMS AND CONDITIONS
I, the eligible Participant, do hereby represent, warrant and irrevocably agree as follows:
- I hereby represent and warrant that I am a Canadian citizen, permanent resident of Canada, or Indigenous resident who resides in Canada.
- I hereby represent and warrant that I am between the ages of 15-35 at the beginning of the program (June 5, 2023), and that I am committed to pursuing a career in music.
- I am not an employee, nor am I an immediate family member (spouse, parent, sibling or child) or a member of a household of an employee, representative or independent agent of any of the following entities: Canada’s Walk of Fame Inc. (the “Producer”); the Royal Bank of Canada (“RBC”), or any of their respective subsidiaries, related, affiliated or parent companies, their respective advertising and promotional agencies, and/or other sponsors; and any person or entity connected with the production, administration or judging the 2023 Canada’s Walk of Fame RBC Emerging Musician Program (the “Program”).
- I have read and understand and agree to abide by the Rules of the Program (as may be revised from time to time by the Producer) and accept the decisions of the Producer as final. I further acknowledge that the Rules of the Program are hereby incorporated herein, and that the terms ascribed in those Rules have the same definition in this Release.
- I acknowledge and understand that due to time constraints and the number of submitted entries, there is no guarantee that my Online Submission will be accepted for entry into the Program, notwithstanding the fact that my Online Submission may have been submitted in accordance with the Rules. Furthermore, I agree that the Producer, the RBC and their respective parents, subsidiaries, related and affiliated companies, successors, licensees, assigns, directors, officers, employees, agents, contractors, sponsors, suppliers, franchisees, dealers, advertising and promotional agencies and any and all others associated with the development and execution of the Program, or any other related property or production (collectively the “Releasees”) are hereby irrevocably released and discharged from any and all liability and responsibility in this regard.
- I acknowledge and understand that all Online Submissions shall be subject to a moderation process as determined by the Producer.
- I have not and will not enter into any contractual, commercial, sponsorship or other agreements related to his or her musical performance abilities and/or singing abilities with a major label record company and/or its affiliates or subsidiaries, for the duration of the Program.
- I agree and understand that if I am selected to receive a Prize, that that I shall be required to sign additional release documents. I also understand that if I fail to promptly execute and return any additional documentation required by the Producer within the time-frame provided by the Producer, that I will forfeit the opportunity to become the Grand Prize Winner and/or to receive a prize.
- I agree that if selected to receive a Prize, the Producer may require me to provide the promotional services and appearances more fully described in the Rules and I hereby agree to provide such services and make such appearances.
- I acknowledge that I will retain all ownership rights and copyrights in and to my Online Submission and, in full and complete consideration of Producer possibly including me as a participant in the Program and the possibility of my winning a prize, I hereby irrevocably grant to Producer and its affiliates, legal representatives, assigns, agents and licensees, including RBC, a non-exclusive, royalty-free, worldwide, sub-licensable, unconditional, perpetual and transferable right and license to reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse my name, age, photo and likeness, voice, address (city and province only), biographical material, prize information and Online Submission, including, but not limited to, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to me and arising out of my participation in the Program (with or without using the my name), in any manner or medium throughout the world for any purpose (including advertising, publicity and promotional purposes), provided that my name, voice and likeness shall not be used as an endorsement of any product or service other than Producer, the Program or any of the Program sponsorship and product placements as required by Producer (in its sole discretion) in and for the Program or its sponsors, without limitation, and without additional review, compensation, consideration, consent or approval from the Participant or any other party.
- Without limiting the foregoing in any way, the Producer shall be entitled to: (a) edit, alter, adapt, make additions to or deletions from, juxtapose with other footage and synchronize with music, my Online Submission (in whole or in part) at its sole discretion and I hereby unconditionally and irrevocably waive the benefit of any provision of law known as “moral rights” prevailing now or in the future in any part of the world, to the extent it may be waived;(b) make and exploit and to authorize the making and exploitation of any recording or fixation of the my performance(s) separately from or in conjunction with any video, program, broadcast, webisode, mobisode or any other audio or audio-visual property created to accompany or as a subsidiary or derivative property to the Program, worldwide, including but not limited to performance in public and communication to the public by telecommunication or otherwise, in perpetuity, in all media; (c) dub my voice in any language; and (d) include, or choose not to include, my name, image, likeness, performance, voice, biographical details, photographs and recordings of interviews with me separately from or in conjunction with the Program in all media and formats worldwide including, without limitation, all advertising and publicity materials.
- I acknowledge and irrevocably agree that no fees, royalties, residuals or other consideration will be payable to either me (or anyone on my behalf) in respect of any use, recording, broadcast, subsequent rebroadcast or retransmission or any other use by the Producer (or any assignees or licensees) of the Online Submission (in whole or in part), or any part thereof in any manner or media now known or hereafter invented, throughout worldwide, in perpetuity.
- I expressly and irrevocably release and discharge from any liability the Releasees from and against any and all claims, demands or causes of action which I, my heirs, executors, administrators or legal representatives may have now or in future against the Releasees, including without limitation, for death, property damage, personal injury, libel, slander, defamation, invasion of privacy and infringement of copyright, or any other cause of action arising out of or in connection with my participation in the Program, including but not limited to the acceptance, possession, use or misuse of any prizes in connection with the Program or resulting from my participation in any prize-related activity, including all prize-related travel, or promotional activity, if applicable. This is an absolute release of liability of any loss, damage, injury, or other claim caused or suffered during or in connection with the Program, whether occurring before, during or after my actual participation in the Program and whether based on negligence or gross negligence. In no event shall I have the right to obtain or enforce any injunctive, equitable, or other relief, which would in any manner prevent, delay or otherwise interfere with the complete exercise by Producer of the rights granted herein.
- I hereby represent and warrant that I am the sole author and owner of all rights in and to the Online Submission, I have the right to grant all rights granted herein and such rights are, and shall remain for the term of this Agreement, free, clear and unencumbered, and Producer’s use of the Online Submission, including but not limited to the Online Submission, as permitted herein will not in any way violate or infringe upon any copyright, privacy or any other right whatsoever of anyone nor will it defame anyone or infringe on the rights of any third party. I shall indemnify and hold harmless the Releasees from and against any and all claims, damages, liabilities, costs and expenses (including legal fees) arising out of, resulting from, based upon or incurred by reason of a breach or alleged breach of my covenants, representations and warranties herein.
- I acknowledge and agree that the Producer reserves the right, in its sole discretion and without notice, to cancel, suspend or modify the Program, in whole or in part, for any reason, including but not limited to, (a) acts of God; (b) flood, fire, earthquake, tsunami, epidemics, pandemics, including, but not limited to, the novel COVID-19 pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the start date of the Program; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other disturbances; (i) shortage of adequate power or transportation facilities; (j) a virus, bug or any other cause of any nature beyond the reasonable control of the Producer, which corrupts or could corrupt or interfere with the security or proper administration of the Program; and (k) other similar events beyond the reasonable control of the Producer or RBC (each, a “Force Majeure Event”). I acknowledge and agree that neither the Producer nor RBC shall be liable or responsible, nor be deemed to have defaulted or breached its obligations in respect of the Program, for any failure or delay in fulfilling or performing any of its obligations in respect of the Program, when and to the extent such failure or delay is caused by or results from a Force Majeure Event.
- I agree not to disclose to any third party (other than my professional advisors) any Confidential Information relating to the Program or the affairs of the Producer, sponsor, broadcaster, (or any assigned or affiliated entities) that may come to my knowledge during or in connection with my participation in the Program. The term “Confidential Information” means any non-public, proprietary or confidential information, in any form, disclosed to or otherwise obtained by the Participant at any time before or after the execution of this Release concerning the Program or the affairs of the Producer. Confidential Information shall include, without limitation, the Producer’s business concepts, models, plans, opportunities and practices, knowledge, sponsor and client lists, research and development or know-how, financial information, marketing and sale information, technical information, and business opportunities, information which constitutes a trade secret of the Producer, all information relating to artists, clients or business associates of the Producer, and any summaries, notes, analysis, compilations, studies or other records that contain or otherwise reflect or have been generated or derived, wholly or in part, from the foregoing. Notwithstanding the foregoing, Confidential Information shall not include information that: (i) was publicly known at or prior to the time it was disclosed or becomes publicly known through no fault, action, or inaction of the Producer; (ii) was known to the Participant, without restriction, at or prior to the time of disclosure; or (iii) was independently developed by the Participant without reliance on the disclosed Confidential Information or violating any of his or her obligations under this Release, provided that such independently development can be substantiated.
- The Producer may assign this Release, including all rights it possesses to the Online Submission and all other rights in his/her contribution to and participation in the Program to any of its parent, subsidiaries, affiliated or related companies, sponsors, assigns, licensees or successors in title, or to any other third party.
- The Courts of Ontario shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this Release which shall be interpreted according to the laws of Ontario and the laws of Canada applicable therein, without regards to conflict of laws.