Terms & Conditions
THIS PROGRAM IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
The “Aid: #ForTheLoveOfLive” live music support program (the “Program”) is sponsored by the Canadian Live Music Association (“CLMA”), with the funding support of the Society of Composers, Authors and Music Publishers of Canada (“SOCAN”). The Program begins on June 13, 2022 at 12:00:00 a.m. Eastern Time (“ET”) and ends on July 13, 2022 at 11:59:59 p.m. ET (the “Program Period”). The objective of the Program is to support critical independent live music spaces who are fundamental to the development of Canadian songwriters and their fans.
2. ELIGIBILITY TO PARTICIPATE:
To participate in the Program, you must be an independent live music venue (an “Eligible Venue”) that meets all of the following criteria:
must be a live music venue or alternative space whose core business is facilitating the live performance of artists and musicians for audiences;
must have a capacity of 500 or less
must be operated by a business/organization that is independently owned;
must be a bricks and mortar venue that is physically located in Canada; and
must operate in accordance with all applicable laws, licenses and regulations,
(collectively, the “Eligible Venue Requirements”).
To be considered as an Eligible Venue, you must meet all of the Eligible Venue Requirements (as determined by CLMA and SOCAN in their sole and absolute discretion) at the time of participation, selection and fulfillment.
CLMA and SOCAN reserve the right at any time, in their sole and absolute discretion, to disqualify any Eligible Venue if they determine that allowing such Eligible Venue to participate in (or continue to participate in) the Program could bring them into public disrepute or in any way impact their good standing or reputation in the eyes of the general public. CLMA’s and SOCAN’s decisions on all matters arising in this regard shall be final and binding without right of appeal.
Any and all actions contemplated in these Official Terms (the “Terms”) on behalf of an Eligible Venue must be completed by an authorized representative of the Eligible Venue (each a “Representative”) who: (a) is a resident of Canada; (b) has reached the legal age of majority in their province or territory of residence; (c) resides in Canada during the Program Period and at the time of participation, selection and fulfillment; (d) has the unencumbered authority and permission from the Eligible Venue to participate in the Program on behalf of the Eligible Venue; and (e) has the unencumbered authority to legally bind the Eligible Venue – including, without limitation, to these Terms and to any other required documentation as contemplated in these Terms. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, THE REPRESENTATIVE IS NOT THE ENTRANT AND HAS NO RIGHT TO PERSONALLY CLAIM ANY FINANCIAL SUPPORT OR A PORTION THEREOF. THE ENTRANT IN THIS PROGRAM IS THE ELIGIBLE VENUE.
Any Representative who enters the Program on behalf of an Eligible Venue is responsible for determining whether any policies of that Eligible Venue prohibit the business from participating in the Program.
3. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in the Program, each Representative (on their own behalf and on behalf of the Eligible Venue) is signifying agreement that they have read and agree to be legally bound by these Terms.
For the purposes of this Program, there will be six (6) Regions (each, a “Region”) as follows:
Prairies (Alberta, Saskatchewan, Manitoba);
Atlantic Canada (Newfoundland and Labrador, Nova Scotia, Prince Edward Island, New Brunswick); and
Northern Canada (Northwest Territories, Nunavut, Yukon).
5. HOW TO PARTICIPATE:
No purchase necessary. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT THE OPPORTUNITY TO RECEIVE A FINANCIAL SUPPORT IN RELATION TO THIS PROGRAM.
During the Program Period, the Representative of an Eligible Venue must visit www.aidfortheloveoflive.com (the “Website”) and follow the on-screen prompts to obtain and fully complete the Official Entry Form (the “Form”) with all required information – including, but not limited to: (i) the name, address and website of the Eligible Venue; (ii) the contact information for the Eligible Venue and the Representative; (iii) the capacity of the Eligible Venue; and (iv) certification that the Eligible Venue meets the Eligible Venue Requirements (collectively, an “Entry”).
To be eligible, all content associated with an Entry (collectively, the “Entry Materials”) must: (i) be submitted and received during the Program Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Terms, including, but not limited to, the specific Content Requirements listed below in Section 12 (all as determined by CLMA and SOCAN in their sole and absolute discretion).
6. ENTRY LIMIT AND OTHER CONDITIONS:
There is a limit of one (1) Entry per Eligible Venue.
If it is discovered by CLMA or SOCAN (using any evidence or other information made available to or otherwise discovered by either of them) that any person or entity has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with their interpretation of the letter and/or spirit of these Terms to participate in or to disrupt this Program; then they may, in CLMA’s and SOCAN’s sole and absolute discretion, be disqualified from the Program.
CLMA, SOCAN, each of their respective associated and affiliated entities, advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively with CLMA and SOCAN, the “Program Parties”), and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void).
An Entry may be rejected if, in CLMA’s and SOCAN’s sole and absolute discretion: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Terms during the Program Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Terms (including, but not limited to, the specific Content Requirements listed below in Section 12) (all as determined by CLMA and SOCAN in their sole and absolute discretion).
All Entries, Eligible Venues and Representatives are subject to verification at any time and for any reason. CLMA and SOCAN reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to them – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s and/or entity’s eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of this Program; and/or (iii) for any other reason they deem necessary, in their sole and absolute discretion, for the purposes of administering this Program in accordance with their interpretation of the letter and spirit of these Terms. Failure to provide such proof to their complete satisfaction within the timeline they specify may result in disqualification in CLMA’s and SOCAN’s sole and absolute discretion. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) of SOCAN.
8. FINANCIAL SUPPORT:
There will be a total of thirty (30) Financial Supports (each, a “Financial Support” and collectively the “Financial Supports”) available in relation to this Program. There will be five (5) Financial Supports available in relation to each Region. Each Financial Support consists of a $1,000 CAD financial support payment by CLMA to the Eligible Venue.
The following general conditions apply to each Financial Support: (i) Financial Support must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by CLMA and SOCAN in their sole and absolute discretion); (ii) no substitutions are permitted, except at CLMA’s and SOCAN’s option; (iii) CLMA reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Financial Support or any component thereof; and (b) substitute the Financial Support or a component thereof for any reason with a item or item(s) of equal or greater value; and (iv) by accepting a Financial Support, the Representative (on their own behalf and on behalf of the Eligible Venue) agrees to waive all recourse against CLMA, SOCAN and all of the other Released Parties if the Financial Support or a component thereof does not prove satisfactory, either in whole or in part.
To the fullest extent permitted by applicable law, the Representative of each Eligible Venue that is eligible to receive a Financial Support hereby (on their own behalf and on behalf of the Eligible Venue) agrees that neither the Eligible Venue, nor anyone on behalf of the Eligible Venue, may seek reimbursement or pursue any legal or equitable remedy from either CLMA, SOCAN or any of the other Released Parties should the Financial Support fail to be fit for its purpose or is in any way unsatisfactory.
Neither CLMA nor SOCAN will intervene in any decision made by an Eligible Venue that purports to prevent the Eligible Venue from receiving the Financial Support, and CLMA and SOCAN reserve the right, in their sole and absolute discretion, to select another Eligible Venue if an eligible Recipient cannot accept the applicable Financial Support as offered for any reason. Each Recipient is solely responsible for the reporting and payment of any taxes relating to the applicable Financial Support.
There is a limit of one (1) Financial Support per Eligible Venue in relation to the Program – regardless of Region. Under no circumstances whatsoever will the same Eligible Venue (regardless of Region) be eligible to receive more than one (1) Financial Support.
9. SELECTION PROCESS – RANDOM DRAW – SELECTION OF FIVE (5) RECIPIENTS PER REGION:
The selection process will consist of a series of random draws to select a maximum of five (5) Eligible Venues per Region. In each Region, the five (5) Eligible Venues randomly selected will each be an eligible “Recipient”. The same Eligible Venue cannot be a Recipient more than one (1) time (regardless of Region).
On July 14, 2022 (the “Selection Date”) in Toronto, ON at approximately 10:00 a.m. ET, a maximum of five (5) Eligible Venues per Region will be selected by random draw from among all eligible Entries submitted and received in accordance with these Terms in the applicable Region. The odds of being selected depend on the number of eligible Entries submitted and received in accordance with these Terms in each Region.
10. NOTIFICATION PROCESS:
CLMA, SOCAN or their respective designated representative will make a maximum of three (3) attempts to contact the Representative of each eligible Recipient. If the Representative of an eligible Recipient cannot be contacted as outlined above, or if there is a return of any notification as undeliverable, then the eligible Recipient may, in CLMA’s and SOCAN’s sole and absolute discretion, be disqualified (and, if disqualified, will forfeit all rights to be a Recipient and receive a Financial Support) and CLMA and SOCAN reserve the right, in their sole and absolute discretion and time permitting, to select an alternate eligible Recipient for the applicable Region from among the remaining eligible Entries in that Region in accordance with Section 9 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Recipient).
11. CONFIRMATION PROCESS:
NO ELIGIBLE VENUE IS A RECIPIENT UNLESS AND UNTIL CLMA and SOCAN OFFICIALLY CONFIRM THE ELIGIBLE VENUE AS A RECIPIENT IN ACCORDANCE WITH THESE TERMS. Before being declared AS A CONFIRMED RECIPIENT, the Representative of each Eligible Venue that is eligible to receive a Financial Support will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within seven (7) business days of notification the requisite declaration and release form, which (among other things): (i) confirms their and the Eligible Venue’s compliance with these Terms; (ii) acknowledges the Eligible Venue’s acceptance of the Financial Support (as awarded); (iii) releases CLMA, SOCAN and all of the other Released Parties from any and all liability in connection with this Program, their and the Eligible Venue’s participation therein and/or the awarding and use/misuse of the Financial Support or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of the Eligible Venue’s name and logo without further notice or compensation, in any publicity or advertisement carried out by or on behalf of either CLMA or SOCAN in any manner whatsoever, including print, broadcast or the internet; and (v) agrees to provide stories and other content to showcase how the Financial Support has had a positive impact on the Eligible Venue. If an Eligible Venue that is eligible to receive a Financial Support: (a) fails to have its Representative return the properly executed Program documents within the specified time; (b) cannot accept (or is unwilling to accept) the Financial Support (as awarded) for any reason; and/or (c) is determined to be in violation of these Terms (all as determined by CLMA and SOCAN in their sole and absolute discretion); then the Eligible Venue will be disqualified (and will forfeit all rights to be a Recipient and to receive a Financial Support) and CLMA and SOCAN reserve the right, in their sole and absolute discretion and time permitting, to select an alternate eligible Recipient for the applicable Region from among the remaining eligible Entries in that Region in accordance with Section 9 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Recipient).
12. CONTENT REQUIREMENTS:
BY SUBMITTING AN ENTRY, EACH REPRESENTATIVE AGREES THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH REPRESENTATIVE IN THE EVENT IT IS DISCOVERED THAT A REPRESENTATIVE HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS.
By participating in the Program, each Representative hereby warrants and represents that any and all content (collectively, “Content”) they submit:
is original to the Representative and that the Representative has obtained all necessary rights in and to all such Content for the purposes of submitting the Content in the Program;
does not violate any law, statute, ordinance or regulation;
does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
is not defamatory, trade libelous or obscene, and further that they will not contain, depict, include, discuss or involve any materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by CLMA and SOCAN in their sole and absolute discretion.
Any Content that CLMA and SOCAN deems, in their sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification – in which case they reserve the right, in their sole discretion, to take whatever action they deem necessary based on the circumstances to help ensure that the Program is being conducted in accordance with their interpretation of the letter and spirit of these Terms.
By entering the Program and submitting Content, each Representative: (i) grants to CLMA and SOCAN, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use all submitted Content (and each component thereof), in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waives all moral rights in and to all submitted Content (and each component thereof) in favour of CLMA and SOCAN (and anyone authorized by CLMA or SOCAN to use such Content); and (iii) agrees to release and hold harmless CLMA, SOCAN and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of all submitted Content (and each component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
14. GENERAL CONDITIONS:
This Program is subject to all applicable federal, provincial and municipal laws. The decisions of CLMA and SOCAN with respect to all aspects of this Program are final and binding on all participants without right of appeal.
ANY INDIVIDUAL OR ENTITY DEEMED BY CLMA AND SOCAN TO BE IN VIOLATION OF THEIR INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THEIR SOLE AND ABSOLUTE DISCRETION AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Program; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to any participant’s or any other person’s computer or other device related to or resulting from participating in the Program; (v) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vi) any combination of the above.
CLMA and SOCAN reserve the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Program (or to amend these Terms) in any way, in the event of any cause beyond their reasonable control that interferes with the proper conduct of this Program as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program in any way (as determined by CLMA and SOCAN in their sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, CLMA and SOCAN reserve the right to seek remedies and damages to the fullest extent permitted by law. CLMA and SOCAN reserve the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Program, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
CLMA and SOCAN reserve the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by them, for purposes of verifying compliance by any participant, and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in their opinion, in their sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of CLMA or SOCAN, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, CLMA, SOCAN or any of the other the Released Parties in connection with the Program will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Program.