rules
COMPETITION
CANADA’S HOCKEY ANTHEM CHALLENGE
COMPETITION RULES
Rules in effect as of June 19, 2008
Entries will only be accepted up until and including August 31, 2008
CBC is looking for a new Theme for HOCKEY NIGHT IN CANADA and you can participate in helping CBC find it. Entries can be submitted by any Canadian, and any legal Canadian resident. Everyone can participate in helping us choose the winning Entry.
CBC is offering $100,000. for the winning Theme and all rights in it, as outlined in the Competition Rules. As well, CBC will direct that half of the royalties for public performance of the Theme, will be paid to the Songwriter(s) to be divided among them in accordance with the formula set out in the Competition Rules, and half will be donated by CBC to minor league hockey. The winning Theme will be broadcast as a key part of the program during the 2008-9 hockey season, and potentially beyond.
The winning Theme can be a jingle or song, an instrumental or a song with lyrics. It can be any length, but it should be reasonably possible to reduce the Entry to 30 seconds, and build excitement for a game that is about to begin. In the end, we’ll be looking for a Theme that will work well for CBC in television (in the introductions to the pre-game show and the program, before and after commercial breaks, during intermissions, in post-game highlight packages), and in all other media and platforms CBC uses to present and promote hockey.
The Competition is for a Theme. In order to present your Theme in its best light, Themes must be submitted in the form of an audio recording or a recording that’s audio/visual, with the option of adding a musical chart as well, as more particularly described below.
The Competition will proceed as follows:
Entries will be accepted for consideration beginning on June 19, 2008
Eligible Entries will be posted on our website beginning June 30, 2008, and the deadline to submit Entries will be 11:59 pm (ET) August 31, 2008.
Fans will be able to recommend their favourite Entries to their friends as soon as those Entries are posted. Until Semi-Finalists are revealed on October 4, 2008, “ratings”, “recommendations”, “most viewed”, and other similar information will be available on the website, but will only be a factor for the Producer and Judges to consider in selecting Semi-Finalists.
Semi-Finalists will be revealed in a CBC broadcast on October 4, 2008.
There will be two opportunities for fans to vote: The first vote will begin after the broadcast on October 4, 2008, to identify the two Finalists. The second vote will begin after the broadcast on October 9, 2008, to identify the Winner.
The full process for selection of Semi-Finalists, Finalists, and the Winner is set out below.
1. ENTRY PROCEDURE
There is no fee for Entry.
Beginning June 19, 2008, you can use our online application form, which can be found at
www.cbc.ca/sports/hockey/anthemchallenge/pdf/application.pdf . You can also obtain this form at any CBC location. Only Entries submitted using this form will be considered.
The Theme you submit will need to be provided to CBC online at the above web address or delivered on CD or DVD to Canada’s Hockey Anthem Challenge, c/o CBC TV Sports, 5th floor, 250 Front St. W., Toronto, Ontario, M5W 1E6 in either or both of the following formats:
audio (mp3, wav, realaudio- 150 mb maximum file size)
video (mpeg, wmv, avi, mov - 150 mb maximum file size)
If you wish to add to your Entry a copy of the musical chart, you may do so by including it in a .pdf online, or as a printed copy delivered to the address above with your completed application form and all required attachments.
Applications and Entries will become the property of CBC, and will not be returned to applicants. During the Competition, Entries may be used by CBC, and, with CBC permission, its affiliates, agents, licensees, and sponsors, on any media, without limitation, exclusively. Until 30 days after the Competition ends on October 11, 2008, Entries may not be licensed for use on any other radio or television program, or on the website of any other established Canadian radio or television organization.
For any video Entries, Entrants should refrain from wearing any clothing items bearing designer or sports logos (other than your authorized musical group logos) or bearing the name or likeness of a celebrity, living or dead.
To be valid, all eligible Entries must be received in full by 11:59 pm (ET), August 31, 2008.
There can be more than one application per Entrant. A separate application will be required for each Theme entered in the Competition. CBC will not be liable for lost, late, stolen, illegible, or misdirected Entries. For inquiries relating to your application, please send an e-mail to anthemchallenge@cbc.ca or contact CBC Audience Relations.
2. SELECTION PROCESS
The selection process for all stages of the Competition is as follows:
Entry phase:It is the obligation of Entrants to ensure that their Entries comply with these Rules. Entries may be reviewed to ensure that the application forms have been properly completed, and the Entries are original and do not contain any inappropriate content, including but not limited to content prohibited by law (e.g. invasion of privacy, defamation, copyright infringement) or content contrary to CBC standards (e.g. sexually explicit content, or content that could expose CBC to embarrassment, contempt, ridicule, adverse publicity or otherwise reflect unfavourably on CBC), and content of a commercial nature promoting products or services. CBC will decide what may be posted, and what may be removed from posting, in its sole discretion.
Judging criteria: The winning Theme will capture the essence of our national sport, provide a signpost for great hockey programming, and excite fans from coast to coast to coast. As a Theme for a television program, it must work well for CBC in that medium (in the introductions to the pre-game show and the program, before and after commercial breaks, during intermissions, in post-game highlight packages), and in all other media CBC uses to present and promote hockey on CBC. It should be reasonably possible to reduce the Entry to 30 seconds, and build excitement for a game that is about to begin.
Identifying the Semi-Finalists: To focus the selection process, no more than 20 Entries will be selected as Semi-Finalists by the Producer and an independent panel of Judges. This selection will be a combination of fan favourites and other Entries considered outstanding by the Producer and the Judges. The Producer and Judges will then, in consultation with independent advocates who will appear in the program, select a minimum of 5 Semi-Finalists which the advocates will recommend to the public on-air during the program for the next round of Fan Voting. The Semi-Finalists will be publicly presented and announced in a television program broadcast on CBC TV on October 4, 2008.
Identifying the Finalists: Fan voting for 2 Finalists, which will come from the Entries recommended by the advocates, will begin at the end of the program on October 4, 2008 and will end at 11:59 pm (ET) October 7, 2008. It is anticipated that fan voting will determine the outcome, but in the event that fan voting does not, in the sole discretion of CBC, produce a clear Winner, or is inconclusive due to technical difficulties, unreliability of the data, or apparent voting irregularities, CBC reserves the right to determine the Finalists in accordance with the Judging Criteria, in consultation with the Judges. The Finalists will be revealed on October 9, 2008 in CBC’s broadcast of the NHL Weekday Opening Games.
The Winner: Fan voting for the Winner will begin no later than 10 pm (ET) on October 9, 2008 and will end at 11:59 pm (ET) on October 10, 2008. Again, it is anticipated that fan voting will determine the outcome, but in the event that fan voting does not, in the sole discretion of CBC, produce a clear Winner, or is inconclusive due to technical difficulties, unreliability of the data, or apparent voting irregularities, CBC reserves the right to determine the Winner in accordance with the Judging Criteria, in consultation with the Judges. The Winner will be announced in our first 2008-9 Saturday broadcast of Hockey Night in Canada on October 11, 2008.
CBC will not be obliged to notify unsuccessful Entrants.
3. CONDITIONS OF ELIGIBILITY
Canada’s Hockey Anthem Challenge is open to all Canadians and all Canadian residents. Anyone under the Age of Majority (18 or 19, depending on your province or territory (see below)) may submit an application, provided it is accompanied by a completed waiver and release from their parent or legal guardian, provided on
www.cbc.ca/sports/hockey/anthemchallenge. Groups submitting an application must have a majority of members who meet the above eligibility criteria. Directors, officers and employees of CBC, the Judges, Sponsors of Canada’s Hockey Anthem Challenge, their affiliated companies, advertising or promotional agencies, or any person or entity connected with the production, administration or judging of Canada's Hockey Anthem Challenge, or those residing with them are not eligible to participate as Entrants.
All Entries must be original to the Entrants, and not infringe copyright, other intellectual property rights, or any other right of any other party. Entrants must warrant that they own or control all rights in and to the Theme submitted, have the authority to assign CBC the rights requested, and can allow all uses contemplated in these Rules without further compensation or royalties to any third party.
Entrants must warrant that they can submit the Theme on the terms set out in these Rules, and that the Theme submitted, including the performance of it, is free and clear of any obligations under any agreement, including an agreement with a music publisher or record label, an agreement with a collective, or a licence or assignment to any other party. If there is any agreement, licence or assignment limiting the Entrants ability to comply with this provision, Entrants must provide a written waiver from the other parties to it, as part of their application, permitting the Entry to be made free and clear of any obligations under that agreement on a basis consistent these Competition Rules. If the Entrant Songwriter is a member of SOCAN, CBC and Songwriter(s) jointly agree to notify SOCAN of the existence of the work in order to administer the performing right so that the writer’s 50% portion of the performing right is sent to the Songwriter(s), and the publisher’s 50% portion is sent to CBC for distribution to minor league hockey. In that event, a waiver is not required. In the event the Songwriter ceases to be a member of a performing rights society, Songwriter hereby grants his performing right to CBC.
Entrant has not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of the Entrant's participation in the Competition or Program, save and except as directed by CBC.
All Entries must clearly identify who has contributed to the composition and recording of the Theme submitted, including composers of the music, writers of the lyrics, producers, performers and any other person contributing to an Entry. Where more than one person is listed in the application as a contributor to the composition and its recording, CBC will pay the individuals listed in accordance with the following formula:
If the Songwriter(s) also perform and record their Entry, and no other individuals were involved in the performance and recording, CBC will pay each person listed an equal share of the amount to be paid, unless different percentages adding up to 100% are listed, in which case CBC will pay those listed in accordance with those percentages.
In cases where individuals other than the Songwriter(s) are involved in the performance and recording of the Entry, at least 75% of an Award must be allocated to the Songwriter(s). In other words, the application form must allocate no more than 25% of an Award to the performance and recording of the Entry. Within this constraint, the application form will permit Entrants to set out the agreed division between the Songwriter(s) on the one hand, and, on the other hand, those responsible for producing and performing on the Master Recording of the Entry. Where no such agreed division is set out by the Entrant in the application form, CBC will allocate money to those listed in the application form on the basis of a 75/25 division.
In the application form, Entrants will also be asked how to further divide both the part of the above division allocated to Songwriter(s), and the part of the above division allocated to those responsible for producing and performing on the Master Recording.
Each person listed as a contributor to the composition and the lyrics will receive an equal share of that part, unless different percentages adding up to 100% of that part are listed on the application form, in which case CBC will pay in accordance with those listed percentages.
Each person listed as a contributor to the performance and recording of the Entry will receive an equal share of that part of the division, unless different percentages adding up to 100% of that part are listed on the application form, in which case CBC will pay in accordance with those listed percentages.
CBC will only be responsible for payment in accordance with this provision, and only once it has been able to verify that the Competition Rules have been complied with, and that there are no conflicting claims. In the event that CBC has not been able to verify this within 30 days of the close of the Competition, CBC may disqualify the Entrant from the Competition and decide, in its sole discretion, to substitute another Entrant selected in accordance with the Competition Rules.
The Winner’s Award to be paid by CBC is for an assignment of all copyright and waiver of moral rights in the composition, including its lyrics, and ownership in the Master Recording of the Entry in the Competition.
While CBC will pay an Award to Entrants in accordance with the above formula, Entrants will be ultimately responsible for payment to whomever has contributed to the Entry, in case of a dispute. By participating in the Entry, performers will assign copyright in their performance in it to CBC. The Entrant agrees to provide CBC, on request, copies of authorization forms, signed by each person identifiable in the Entry. These forms will be available on
www.cbc.ca/sports/hockey/anthemchallenge. CBC reserves the right, in its sole discretion, to have the Theme of any Semi-Finalist, Finalist, and the Winner, adapted, arranged and/or performed by artists other than those included in the original Entry. The Semi-Finalists, Finalists, and the Winner will be required to sign appropriate documentation confirming the right for CBC to make such adaptation, arrangement and/or performance by artists other than those included in the original Entry.
4. DESCRIPTION OF THE AWARDS
CANADA’S HOCKEY ANTHEM CHALLENGE WINNER
Entrant(s) of the winning Theme will receive $100,000.00 Cdn. (in total) for an assignment of copyright, and a waiver of moral rights, in the winning Theme’s composition, including its lyrics, and ownership of the Master Recording of the Entry. This amount will be inclusive of all scale and collective agreement fees, rates and entitlements. Any taxes (including income tax) associated with any award to Entrants are not included, and are the responsibility of the Entrant(s). CBC will grant a non-exclusive licence to the Songwriter(s) to perform the Theme themselves live in public venues, but not for broadcast or telecommunication, or to offer to the public in pre-recorded form (e.g. CD, DVD, mp3, mpeg, etc.).
As well, CBC will direct that half of the royalties for public performance of the Theme, will be paid to the Songwriter(s) to be divided among them in accordance with the formula set out in the Competition Rules, and half will be donated by CBC to minor league hockey. The winning Theme will be broadcast as a key part of the program during the 2008-9 hockey season, and potentially beyond.
SEMI-FINALISTS
Prior to entering the final portion of the competition on October 4, 2008, the Semi-Finalists will be required to sign appropriate documentation, including various non-negotiable agreements, including irrevocable assignments of copyright in their Theme to CBC (to be effective if they win the competition, or in the event the winning Theme cannot be used by CBC, if they are otherwise selected as the winning Theme), exclusive licences to CBC to exploit their Theme for three years beyond the Closing date of the Competition (to be effective if they are not declared the Winner), and releases and waivers for their participation in programming associated with Canada’s Hockey Anthem Challenge programming. They will also be required to agree not to reveal to the public that they have been chosen as Semi-Finalists or Finalists, without the prior written consent of CBC, prior to CBC’s public announcement in that regard. In the event they are unwilling or unable to do so, they will be disqualified from further participation in the Competition.
Entrants whose Entries are selected to be among the Semi-Finalists will grant CBC the exclusive right for three years to record and market their Theme to the public by all available means, including CDs, DVDs, and internet websites (iTunes etc.). A portion of net revenue from these sales will be given to minor league hockey. Semi-Finalists will share a portion of net revenue from these sales. The determination and division of net revenue among CBC, minor league hockey, Semi-Finalists and others will be determined by CBC, in its sole discretion.
During the three year exclusive licence period, CBC may also incorporate the Entry as part of its programming. CBC will direct that half of the royalties for public performance of the Theme, will be paid to the Songwriter(s) to be divided among them in accordance with the formula set out in the Competition Rules, and half will be donated by CBC to minor league hockey.
During this three year exclusive period, CBC will grant a non-exclusive licence to the Songwriter(s) of Semi-Finalist Entries to perform the Theme themselves live in public venues, but not for broadcast or telecommunication.
No Semi-Finalist Theme may be sold, transferred, assigned or licensed for use on any other radio, television or internet-based hockey program within three years of the end of the Competition.
The odds of winning are directly related to the number of Entrants, and the selection process to select the Semi-Finalists, the Finalists and the Winner of Canada’s Hockey Anthem Challenge.
5. GENERAL RULES
5.1
CBC reserves the right to change the structure, process, timing, duration or any other aspect of the Competition at its discretion.
5.2
CBC reserves the right to amend the Competition Rules or terminate the Competition at any time without any liability to any Entrant. CBC further reserves the right to replace at its discretion any Semi-Finalist or Finalist who for any reason fails or is disqualified from or unable to participate in any aspect of the Competition, as determined by CBC in its discretion, with another replacement Entrant, notwithstanding that such replacement Entrant may have been previously eliminated from the Competition.
5.3
It is a condition of Entry and participation in the Competition that Entrants make themselves available to participate in the Competition, and agree, sign and abide by all applicable Release Forms and these Rules as revised from time to time by CBC and posted on
www.cbc.ca/sports/hockey/anthemchallenge. As part of the Entrant’s contribution to the Program, CBC may require Entrants to participate in any activity relating to the Program including, without limitation, recordings, interviews, appearances, performances, promotional, and publicity activities.
5.4
CBC will have no liability to an Entrant who is unable to attend or take part in any part of the Competition for whatever reason, as determined by CBC in their discretion.
5.5
CBC’s and Judges’ decisions (or, where appropriate, the decision of the audience voting, as recorded by the voting service provider) are final and the Entrants acknowledge that the interests of the Program shall override those of any Entrant. Where the integrity of the audience voting system is compromised or the audience voting system is otherwise not functioning, as determined by CBC in its discretion, CBC reserves the right to make all final decisions in relation to the Competition.
5.6
All Entrants agree that CBC and its agents can use, exploit, reproduce and distribute in any media whatsoever, now known or hereafter created, worldwide in perpetuity, the Entrant’s name, likeness, image, voice, Entries, comments and appearances, in whole or in part, without any further consent or compensation. Until 30 days after the Competition ends on October 11, 2008, Entries may be used by CBC, and, with CBC permission, its affiliates, agents, licensees, and sponsors, on any media, without limitation, exclusively. During this period, Entries may not be licensed for use on any other radio or television program, or on the website of any other established Canadian radio or television organization. For all these purposes, all Entrants agree to waive any and all copyright interest, and any moral rights, of any nature or kind they may have in their comments, Entries, and participation, including but not limited to music composed and lyrics written by them, any audio, audio/visual or visual appearances and performances.
5.7
CBC shall have the right to alter, adapt, separate, edit or make additions to or deletions from the Entry for use during the Competition in its programming related to Canada’s Hockey Anthem Challenge, in its sole discretion, without compensation to the Entrant(s).
5.8
There is no obligation on the part of CBC to use, exploit, reproduce or distribute in any media any Entry, Theme, Program in which an Entrant has appeared, or any part of his/her contribution to a Program.
5.9
All Entrants shall execute an application form attesting to their eligibility as stipulated in these Rules, and their acceptance of these Rules.
5.10
Entrants acknowledge that Canadian Broadcasting Corporation, its Directors, officers and employees, agents, its affiliated companies, its advertising and promotional agencies and/or representatives, the Judges, and any person or entity connected with the production, administration or judging of the Competition or the Program are not responsible for and are in no way liable for any injuries, loss or damages arising from the Competition. Entrants agree not to make any demand or pursue a lawsuit against any of them for defamation, invasion of privacy, negligence, intentional tort, or any similar cause of action arising in any way out of any use, exploitation, reproduction and distribution by CBC or its agents of the Entry, and the live or recorded participation of the Entrant in any Program. Entrants also agree to indemnify them and hold them harmless from all claims, demands, actions, suits or other proceedings, and all damages and costs (including reasonable legal fees) brought by third parties arising in any way out of any use, exploitation, reproduction and distribution by CBC or its agents of the Entry, and the live or recorded participation of the Entrant in any Program.
5.11
Any Semi-Finalist or Finalist award must be accepted “as is”.
5.12
Apart from the winning award of $100,000, if another Semi-Finalist or Finalist award cannot be granted as described in these Rules, CBC, as well as its directors, officers and employees, reserve the right to substitute a different award with another of comparable value and nature, or CBC, at its option, may award the recipient the equivalent monetary value in lieu thereof.
5.13
Refusal to accept an award releases CBC, as well as its directors, officers and employees, of all responsibility and obligations toward its Winner, but all rights assigned or granted to CBC remain irrevocable.
5.14
All information requested by and supplied to CBC by each Entrant must be truthful, accurate, and in no way misleading. CBC reserves the right to disqualify any Entrant from the Competition in its discretion, should the Entrant at any stage supply untruthful, inaccurate, or misleading details and/or information, or should the Entrant be ineligible at any stage of the Competition pursuant to the Competition Rules.
5.15
CBC, as well as its directors, officers and employees, shall assume no liability resulting from losses, delays, mistaken addresses, typographical errors, errors on printed or electronic material, technical, computer or telephone malfunctions, loss or theft of computer data, damage to software or computer equipment, fraudulent calls or any other mistake. Any attempt by an Entrant or participant to deliberately damage the website or undermine the legitimate operation of the Competition, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, CBC reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution.
Under no circumstances, including negligence, shall CBC, as well as its directors, officers and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, nor assume any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant’s or any other person’s computer equipment resulting from user’s attempt to either participate in the Competition or download any information in connection with participating in the Competition or use of the website. Without limiting the foregoing, everything on the website is provided, “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
5.16
CBC, as well as its directors, officers and employees, shall assume no liability whatsoever for any situation in which their inability to act results from an event or situation unforseeable or beyond their control, including but not limited to force majeure, a strike, lockout or any other labour dispute at their location or the locations of the businesses whose services are used to hold this Competition.
Any on-line Entry or mail-in Entries, and other materials used in this Competition that have been tampered with, altered, reproduced, not legitimately obtained, or which contain or reflect any error will be void. Without limiting the generality of the foregoing, CBC reserves the right to cancel or suspend this Competition for any reason including fraud, technical failures, any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of CBC that may corrupt the administration, security, or proper execution of the Competition.
5.17
All personal information, such as name, e-mail address and age is collected solely for the purposes of administering this Competition, and shall not be used for any other purpose, other than news coverage, without prior consent. By providing this information, all Entrants consent to it being used for the stated purposes. The CBC Privacy Policy may be found at
www.cbc.ca/aboutcbc/discover/privacy.html. 5.18
In the event of any dispute concerning the operation of any element of the Competition or these Competition Rules, the decision of CBC will be final.
5.19
These Competition Rules are available at
www.cbc.ca/sports/hockey/anthemchallenge. Any questions about Canada’s Hockey Anthem Challenge can be answered by sending an e-mail to anthemchallenge@cbc.ca or by calling CBC Audience Relations.
5.20
The Competition shall be governed in accordance with the laws of the Province of Ontario and the federal laws of Canada. By entering the Competition, Entrants agree to attorn to the exclusive jurisdiction of the courts of Ontario, Canada for determination of any and all matters related to the Competition.
DEFINITIONS
Age of Majority– at least 18 years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan, and at least 19 years old in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon.
CBC– This refers to Canadian Broadcasting Corporation, also known as Société Radio-Canada
Competition– the process by which the Winner of Canada’s Hockey Anthem Challenge is determined.
Competition Rules– the Competition rules for Canada’s Hockey Anthem Challenge that may be amended from time to time by CBC in accordance with these Competition Rules.
Eligible Entry- an Entry that fulfills all the requirements set out in these Rules, and which has not been otherwise disqualified by CBC.
Entrant– Any person or group who enters Canada’s Hockey Anthem Challenge by completing an application and submitting a Theme for consideration, and includes individuals contributing to an Entry.
Entry- a Theme submitted with a completed application, including accompanying visual images if the Theme is submitted in audio/visual form.
Finalists- the final two Entries chosen as potential Winners of Canada’s Hockey Anthem Challenge.
Judges– Such person(s) as CBC may nominate, who may or may not appear on-air on Canada’s Hockey Anthem Challenge.
Master Recording– This is the best quality recording of the Theme submitted, and for the purposes of the Competition and all rights assigned and licensed in it, includes the version of that recording(s) submitted with a completed application.
Producer– Executive Director, CBC Sports
Program– Canada’s Hockey Anthem Challenge programs, including portions of Hockey Night in Canada that contain programming related to Canada’s Hockey Anthem Challenge.
Release Form(s)– any release form supplied from time to time by CBC which Entrants are required to sign in connection with the Program.
Semi-Finalists– up to 20 Entries chosen as potential Winners of Canada’s Hockey Anthem Challenge, which includes the Finalists chosen from among them.
Songwriter(s)– This refers to the Composer(s) of the music, and, where there are words in a submitted Theme, the Lyricist(s)
Sponsors– Canadian Broadcasting Corporation’s principal advertisers and commercial partners in the presentation of Canada’s Hockey Anthem Challenge.
The Winner– the Winner of Canada’s Hockey Anthem Challenge, selected in accordance with the selection process set out in these Competition Rules.
Theme- This refers to the musical composition, including any lyrics accompanying it, and includes the audio recording of it and audio portion of any audio/visual recording submitted with a completed application.
