User-Generated Content Terms

 

1. Submission Content Terms

All photos, videos, audio recordings, written compositions, social media posts, or any other content whatsoever (“Content”) that is submitted by you (the “Participant”) to the applicable Evanov Communications entity (the “Company”) and/or any of its radio stations (the "Station"), submitted or posted on any of the Station's websites or social media pages, or posted or published anywhere else by the Participant in order to participate in any campaign, must not contain any material that: 

1. Violates or infringes another person’s copyright, trademark, or any other intellectual property rights, or privacy, personality, or any other right.
2. Contains any material that promotes hatred or harm against any group or individual on the basis of race, national or ethnic origin, colour, sex, age, gender identity or expression, sexual orientation, civil status, political beliefs, religion, language, social condition, mental or physical disability.
3. Contains or displays any commercial/corporate advertising other than that of the Station, including, but not limited to, corporate logos, brand names, trademarks, slogans, political or religious statements.
4. Contains indecent, violent, or unsafe behaviour or situations, profanities, or obscenities, including but not limited to nudity or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortuous, defamatory, slanderous, or libelous.
5. References or depicts public buildings, locations, or organizations without their written permission.
6. Disparages any persons or organizations.
7. Includes threats to any person, place, business, or group.
8. Is unlawful, in violation of any federal, provincial, territorial, municipal, or local laws or regulations.
9. Refers, depicts or in any way reflects negatively upon the Station, its affiliates, its brand or anyone involved in the operation and administration of any campaign.

 

2. Submission and Posting Terms

By participating in any campaign and submitting Content to the Station, the Participant agrees to all of the following:

1. The Station may determine, in its sole discretion, whether or not to accept any Content submitted to the Station, posted on any of the Station’s websites, social media pages or elsewhere or whether any Content posted or published by a Participant complies with the terms of any campaign and whether any such Content submitted, posted or published by a Participant will be used for any purpose, including for this campaign or in any marketing or publicity.

 

2. To grant to the Company and the Station all intellectual property, privacy, personality and other rights in the Content that is submitted, posted or published by the Participant and each of its constituent parts, which rights include, but are not limited to, the right to edit, translate, publish, broadcast, air, post, make available to the public and/or reproduce the Content through any media available, including radio broadcast, at any time during, or after, the period of the campaign in any medium, in any promotional materials, whether related or unrelated to the campaign, and at any other location, whether physical or online, that the Station in its sole discretion deems appropriate and necessary for the operation of this campaign, and without further notice, approval, or compensation to the Participant.

 

3. The Participant hereby waives any moral rights in the Content in favour of the Company and the Station, and warrants and agrees that any moral rights in the Content have been waived and not to assert any claims based on them. The Participant acknowledges and agrees that the Station may freely use the Content and the attribution of the submission, as well as any ideas from any submitted, posted, or published Content in association with any product, service, cause, institution or in any other manner as the Station sees fit.

 

4. The Participant acknowledges and agrees that the Content submitted is not anonymous, and that the Participant has provided consent to the Station to publicly broadcast or post or make public the Participant’s non-sensitive information, such as the Participant’s name, social media handle(s), and any other non-sensitive information contained in the Participant’s submission.

 

5. To represent and warrant that, at the time of submission, the Participant is a legal resident of the Province of Ontario. Content submitted by individuals who do not reside in the Province of Ontario will not be accepted or used.

 

6. To represent and warrant that the Participant is of the age of majority in the Province of Ontario. The Participant further represents and warrants that any individual appearing in or otherwise included in the Content submitted, including the Participant, are of the age of majority in the Province of Ontario.

 

7. To acknowledge and agree that Content is submitted on a voluntary basis. The Participant acknowledges and agrees that they are not entitled to, and will not receive, any compensation, payment, royalties, reimbursement, or other consideration of any kind from the Station or its affiliates in connection with the Participant’s submission or the use of the Content submitted. No confidential, fiduciary, or employment relationship is created by your participation.

 

8. To warrant that nothing in the Participant’s Content infringes on any copyrights, trademarks, confidential information, trade secrets or any intellectual property rights belonging to any person or entity other than the Participant unless a suitable licence, clearance or permission has been obtained by the Participant, proof of which may be required by the Station.

 

9. To represent and warrant that the Content submitted is entirely made and produced by the Participant and that the Content is not created, generated, edited, assisted, or materially influenced by any artificial intelligence, machine learning, or automated content-generation system. Any Content determined, in the Station’s sole discretion, to have been created or developed in whole or in part using such systems will be deemed ineligible and may be disqualified without notice.

 

10. The Station and its representatives may contact the Participant using the contact information provided in their submission. The Participant acknowledges and agrees that they may be asked or invited to speak on-air with an announcer of the Station and that such participation, if accepted, may be recorded and broadcast.

 

11. To indemnify and hold harmless the Company, the Station, and each of the Station’s affiliates and all parties involved in the operation and administration of this campaign and each of their respective owners, officers, directors, shareholders, employees and agents, contractors, permitted successors and permitted assigns, from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines, or expenses of any kind whatsoever, including legal fees, disbursements, and charges that result from, are based upon, arise out of or relate to any breach by a Participant of these terms, including without limitation, any third-party claim, suit, action, or proceeding that the Participant's Content infringes or misappropriates such thirty-party's copyrights, trademarks, confidential information, trade secrets, or any intellectual property rights.

 

12. To fully and forever release and discharge the Company, the Station, and each of the Station's affiliates, licensees, any other co-sponsors and all parties involved in the operation and administration of this campaign and each of their respective owners, directors, officers, shareholders, employees and agents, contractors, permitted successors and permitted assigns (the "Released Parties") from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines, or expenses of any kind whatsoever, including legal fees, disbursements and charges which the Participant or the Participant’s heirs, representatives, executors, administrators, or any other person's action on the Participant’s behalf or on behalf of the Participant’s estate, have or may have by reason of:

 

1. The Station’s exercise of any rights granted by the Participant under these terms; or
2. Claims based on violation of any law or third-party right, including but not limited to, infringement of any intellectual property right, including, but not limited to, copyright or trademark, or violation of any privacy or personality rights.

 

13. To waive certain legal rights, including the right to sue or claim compensation following an accident. Participants acknowledge that participation in this campaign may be inherently dangerous and agree to release, indemnify and hold harmless the Company, the Station, and its parent, affiliated or related companies, and subsidiaries, and their respective officers, directors, employees, representatives, agents, and advertising and promotional agencies, from any and all claims, damages, injuries or losses of any kind resulting in whole or in part, directly or indirectly, from participation in the campaign or any campaign-related activity. 

 

14. The failure of any Participant to comply with any of these terms, as determined by the Station in its sole discretion whose decisions shall be final, may result in the disqualification of the Participant to enter and participate in this campaign. The Station may also disqualify a Participant from participating in this campaign if the Station receives notification about any potential infringements of any law or intellectual property right, regardless of whether any claimed intellectual property right has been proven or any violation of any law or infringement or misappropriation of any intellectual property right has been established.

 

15. The Participant consents to the collection, use and distribution of their personal information (information that identifies a Participant as an individual, such as their name, telephone number, age, address and e-mail address) by the Station for the purposes of implementing, administering and fulfilling the campaign. The Station will not sell or transmit this information to third parties except for the purpose of administering this campaign. Any inquiry concerning the personal information held by the Station should be addressed to the Company’s General Counsel at 5312 Dundas Street West, Toronto, ON, M9B 1B3 or via e-mail at privacy@evanov.ca.

 

16. The Station reserves the right to withdraw, cancel, terminate, modify, amend, extend or suspend any campaign and/or these terms at any time.