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Policies & Legal
Entrant's Representations and Warranties
By entering this Competition, each Entrant represents and warrants, individually and if a duologue or group, also jointly, that he, she and/or they have read these Rules and Guidelines and consent to, and agree to comply with, these Rules and Guidelines and further, that:
- their entry, the use thereof by the Society, or the exercise by the Society of any of the rights granted by the Entrant under these Rules and Guidelines (including all Appendices), does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, moral rights, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
- the Entrant has all the rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights that the Entrant has granted to the Society under these Rules and Guidelines; and
- the entry does not contain subject matter that may violate the law or is otherwise of questionable taste (in the sole discretion of the Society).
The Society reserves the right at any time to remove any entry from the Competition and the Showcase. Entries that do not comply with these Rules and Guidelines or that otherwise contain illegal, prohibited, inappropriate, or irrelevant content as determined by the Society, in its sole discretion, will be disqualified from the Competition and the Showcase.
Intellectual Property
All Entrants retain ownership and intellectual property rights to all Original pieces submitted to the Competition or Showcase.
All intellectual property, including but not limited to trade names, trademarks, logos, copyright, designs and slogans, used in connection with the Competition and the Showcase are owned by the Society and/or its affiliates and the Entrants have no rights of use in connection therewith.
Privacy / Personal Information
The personal information that you provide in this Competition will be used in the administration of this Competition.
By participating in the Competition, each Participant:
- consents to the use by the Society of his or her mailing address, city of residence, telephone number and email address (collectively, the "Personal Information") for the purpose of administering the Competition, including but not limited to making communications with Winners and announcements regarding Winners; and
- grants to the Society the right to use their Personal Information and all or part of their entry in the competition for publicity and promotional purposes in all media used by the Society without payment or compensation, as more particularly described in the Publicity Release.
General Conditions
If for any reason the Competition or Showcase is not capable of running as planned, including without limitation, 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 Competition or Showcase, the Society reserves the right, at its sole discretion to cancel, modify or terminate the Competition or Showcase. Further, the Society reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Competition or Festival; (b) violating the Competition or Showcase Rules and Guidelines; or (c) acting in an inappropriate or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. All decisions of the Society are final. The Society reserves the right to substitute or change any aspect of the Competition or Showcase or its Rules and Guidelines or terminate or withdraw the Competition or Showcase without notice at any time. By participating in the Competition or the Showcase, all Participants agree to be bound by these Rules and Guidelines, as amended.
Limitation of Liability and Indemnity
No liability or responsibility is assumed by the Society or its employees, officers, directors, agents, contractors, volunteers, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors and advertising/promotion agencies (collectively, the “Released Parties”) resulting from the Participant's participation in or attempt to participate in the Competition or Showcase or ability or inability to transmit entry materials or upload or download any information online in connection with the Competition or Showcase. No responsibility or liability is assumed by the Society for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the Competition: 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 email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of any web site in whole or in part for any reason; traffic congestion on the Internet or any web site; unauthorized human or non-human intervention of the operation of the Competition or Showcase, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Competition or Showcase, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used, or material submitted via email or the Internet in connection with the Competition or Showcase. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entries.
The Society is not responsible for any typographical errors in the announcement of a prize, award or other recognition or these Rules and Guidelines, or any inaccurate or incorrect data contained on any website. Use of the Society's website and any Competition or Showcase website is at the Participant's own risk. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entries.
The Society is not responsible for any personal injury or property damage or losses of any kind which may be sustained to the Participant's or any other person's computer equipment resulting from participation in the Competition or Showcase, use of any web site or the download or upload of materials from or use of any website or other online video platform in connection with the Competition or Showcase, (including but not limited to any use of YouTube and Vimeo) for submitting materials for the Competition.
By participating in the Competition or Showcase, the Participant releases the Released Parties from any and all claims, damages or liabilities of any kind arising from or relating to such participation in the Competition or Showcase. By accepting a prize, award or other recognition, the Winners agree that the Society shall not be liable for any loss or injury resulting from participation in the Competition or Showcase, acceptance and/or participation in the prize, award or other recognition or any other aspect of the Competition or Showcase. The Society is not liable in the event that any portion of the Competition or Showcase is delayed or cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
The Participant agrees to indemnify and hold harmless the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, liabilities, obligations, interest, costs, expenses, and legal costs on a full indemnity basis of whatever nature and kind and howsoever arising, which may be made or brought against any of the Released Parties or which any of the Released Parties may suffer, as a result or arising, of and from or in connection with the Participant's conduct in creating an entry for and participation by the Participant in, the Competition or Showcase, including without limitation with respect to any breach by the Participant of the Rules and Guidelines for the Competition and Showcase, any use by the Participant of third party online platforms for submission of entry materials, and any claims for infringement of third party rights including without limitation intellectual property, proprietary or privacy rights.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE SOCIETY'S WEBSITE OR ANY COMPETITION SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION OR FESTIVAL IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SOCIETY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY THEM FROM THE COMPETITION.
Laws
These Rules and Guidelines shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada, as applicable herein, without reference to its conflicts of laws principles.
These Rules and Guidelines are subject to change at any time without notice in order to comply with any applicable federal, provincial or municipal laws or the policy of any entity having jurisdiction over the Society.
If any provisions of these Rules and Guidelines are found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of the remaining provisions herein.