PARTICIPANT’S DECLARATION AND RELEASE FORM
(herein “Release”) TERMS AND CONDITIONS
TO: Canada’s Walk of Fame Inc.
AND TO: Maple Leaf Sports & Entertainment Partnership
I, on behalf of an eligible Participant or as the eligible Participant, as applicable, and in consideration for the Nominee being considered as a Participant in the Program, do hereby represent, warrant and irrevocably agree as follows:
- I hereby represent and warrant that I am, or am nominating, a Canadian citizen, permanent resident of Canada, or Aboriginal who resides in Canada (the “Nominee”).
- I hereby represent and warrant that I am nominating a participant under the age of 30 at the date of my submission, and that I am nominating a participant committed to pursuing demonstrated change in their community.
- Neither I nor the participant am an employee, nor 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” or “CWOF”); Maple Leaf Sports & Entertainment Partnership (“MLSE”) 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 2020 Community Hero Program, supported by MLSE (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 in its sole discretion (the “Rules”), and accept the decisions of the Producer as final. I further acknowledge that the Rules are hereby incorporated herein, and that the defined terms ascribed in the 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, MLSE 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 in its sole discretion.
- I acknowledge and understand that if my Nominee is selected to receive the Grand Prize, that that they shall be required to sign additional release documents. I also acknowledge and understand that if they fail to promptly execute and return any additional documentation required by the Producer within the time-frame provided by the Producer, that they will forfeit the opportunity to become the Grand Prize Winner.
- I agree that if my Nominee is selected to receive the Grand Prize, the Producer may require me to provide the promotional services and appearances more fully described in the Rules and I hereby agree they will provide such services and make such appearances.
- I acknowledge and understand that I or the Nominee, as applicable will retain all ownership rights and copyrights in and to the Online Submission and, in full and complete consideration of the Producer possibly including them as a participant in the Program and the possibility of winning a prize. I or the Nominee, as applicable, hereby irrevocably grant to the Producer and its affiliates, legal representatives, assigns, agents and licensees, including MLSE, 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 the Nominee’s name, age, photo and likeness, voice, address (city and province only), biographical material, prize information and Online Submission, including, but not limited, to photographic images, video images, portraits, interviews or other materials relating to the Nominee and arising out of their participation in the Program (with or without using their name), in any manner or medium throughout the world for any purpose (including advertising, publicity and promotional purposes), provided that their name, voice and likeness shall not be used as an endorsement of any product or service other than the Producer, the Program or any of the Program sponsorships 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 Nominee or any other party.
- Without limiting the foregoing in any way, the Producer shall be entitled to: (a) make and exploit and to authorize the making and exploitation of any recording 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 communication to the public by telecommunication or otherwise, in perpetuity, in all media; (b) dub the Nominee’s voice in any language; and (c) include, or choose not to include, my name, image, likeness, voice, biographical details, photographs and recordings of interviews with the Nominee 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 the Nominee or anyone on their 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 forever discharge on behalf of myself and my heirs, executors, administrators or legal representatives may have now or in future against the Releasees, jointly and severally, from and against any and all causes of action, contracts and covenants, whether express or implied, claims and demands for damages, entitlements, indemnity, costs, interest, debts, obligations, promises, loss or injury of every nature and kind whatsoever or however arising, in law or in equity, in contract or in tort, which I may heretofore have had, may now have, or may hereinafter have, in any way arising out of or relating to or in connection with my participation in the Program, including without limitation, for death, property damage, personal injury, libel, slander, defamation, invasion of privacy and infringement of copyright, the acceptance, possession, use or misuse of any prizes in connection with the Program or resulting from the Nominee’s participation in any prize-related activity, all prize-related travel, or promotional activity. This is a full and final 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, gross negligence or fraud. In no event shall the Nominee 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 the Producer of the rights granted herein.I acknowledge and agree that this Release is not an admission of liability by the Releasees, and in fact such liability is denied. For greater certainty and without limiting the generality of the foregoing, the Producer is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Program or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, , omission, or any combination thereof, and entries that fail to fully comply with the Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Program or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Nominee’s participation in the Program or receipt or use or misuse of any prize, including any related travel and the use of entries by Producer; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- I hereby acknowledge that CWOF reserves the right, in its sole discretion and without notice, to cancel, suspend or modify the Program, in whole or in part (including but not limited to, the awarding of prizes), 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 CWOF, 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 CWOF or MLSE (each, a “Force Majeure Event”). Each of CWOF and MLSE shall not be liable nor 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. CWOF is not responsible for any incorrect or inaccurate transmission of information which may affect any person’s ability to participate in the Program, including but not limited to human error, technical malfunctions, lost/delayed/corrupted data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, any inability to access the Website, or any damage to a user’s system occasioned by participating in the Program.
- I acknowledge and agree that any attempt to deliberately damage the Producer’s website or to undermine the legitimate operation of the Program will render any Online Submissions submitted by an individual participating in such activity void and may be a violation of criminal and civil laws. Should such an attempt be made, the Producer reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. All Online Submissions are subject to verification and will be declared invalid if they are illegible, incomplete, garbled, mechanically reproduced, mutilated, plagiarized, forged, falsified, altered or tampered with in any way.
- 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.
- I agree not to make any negative, critical, derogatory or disparaging comments or statements of any sort or otherwise communicate or encourage any person to communicate any negative, critical derogatory or disparaging comments or statements about each the Producer, MLSE and the Program to any third party at any time. This obligation extends to any comments or statements made verbally or in writing to the press or on the Internet, including via social media, on blog and on social networking sites.
- I hereby represent and warrant to the Producer and acknowledge and agree that I had sufficient opportunity to seek and was not prevented nor discouraged by the Producer from seeking independent legal advice prior to the delivery of this Release and that, in the event that I did not avail myself of that opportunity prior to delivering this Release, I did so voluntarily without any undue pressure and agree that my failure to obtain independent legal advice shall not be used by me as a defence to the enforcement of my obligations under this Release. I hereby represent and warrant that I fully understands the nature and effect of this Release and that I am entering into it freely and voluntarily.
- 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. I acknowledge and agree that I may not assign any of the rights or obligations under this Release.
- The Courts of Ontario shall have sole jurisdiction in relation to the terms and conditions of this Release which shall be governed by to the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regards to conflict of laws.