‘Canada In A Day’
Terms and Conditions
CANADA IN A DAY PRODUCTIONS INC. (“us”, “we” or “our”) is asking individuals and/or groups (groups as represented by an individual) (collectively, “you” or “your(s)”) across Canada or worldwide to submit videos for consideration to be included in a film which will be created, in whole or in part, from submitted videos, currently entitled “CANADA IN A DAY” (the “Film” or the “Project”).
The objective is to capture the lives of Canadians on one day in 2016, whether in Canada or abroad. Accordingly, you are invited to submit videos that are filmed or recorded on Saturday, September 10, 2016 (the “Filming Day”) for this purpose (each, a “Video” and collectively “Videos”, which shall include all or any part(s) of such Videos and any material subsequently sent to us in connection with the Video, e.g. a longer cut).
Further information regarding the Film and the creation and submission of Videos for the Film is available on our “Frequently Asked Questions” page (“FAQ”) but such information does not form part of these Terms and Conditions.
Our decisions and, where applicable, those of the Director (as defined in Section 5.1) are final (whether joint or otherwise) and binding on all matters, including any application or interpretation of these Terms and Conditions.
The relevant dates for this Project are as follows:
- Filming Day: September 10, 2016, irrespective of your geographical or time zone location on that day.
- Video Submission Period via upload on the Website (the “Submission Period”): Beginning at 12:01 AM (NT) on September 10, 2016 and closing at 11:59 PM (PT) on October 10, 2016 irrespective of your geographical or time zone location during this period.
For all other dates, such as the intended release or broadcast of the Film, please check updates that will be posted to the Website. All relevant dates listed in these Terms and Conditions and other relevant dates (including the release date of the Film) are subject to change at our sole discretion and we have no obligation to complete the production of the Film or, if completed, to broadcast or release the Film in any specific media or at all.
Anyone who, as of Filming Day (September 10, 2016), is (i) a Canadian citizen or permanent resident of Canada, and (ii) FOURTEEN (14) years of age or older is eligible to upload and submit Videos to be considered for inclusion in the Film. If you are FOURTEEN (14) to EIGHTEEN (18) years of age (a “Youth”) on that day (September 10, 2016), you must obtain permission from your parent or legal guardian to submit any Video and you will be required to provide us with your parent or legal guardian’s name and email address when you upload and submit your Video. If any Youth-submitted Video is chosen for inclusion in the Film, we will contact the Youth’s parent or legal guardian who, for all intents and purposes, will be deemed to be the contributor of the Youth Video in question and who will be required to agree to these Terms and Conditions, submit a signed consent form (“Parental Consent Form”) which will be sent separately by email to the parent or legal guardian, and otherwise act on behalf of the Youth for all matters related to the Project. If you are under FOURTEEN (14) years of age (a “Child” or “Children”), please have your parent or legal guardian submit any Video on your behalf. Children are not able to set up a profile on the Website or submit a Video.
You will not be eligible to submit Videos to be considered for inclusion in the Film if you are a party who:
is represented under contract (e.g. by a talent agent or manager) that would limit or impair our ability to use your Video;
is not a Canadian citizen or permanent resident of Canada;
is not FOURTEEN (14) years of age or older as of Filming Day;
has a contract that would make your appearance in your Video a violation of any third party right(s); or
is under any other contractual relationship (including but not limited to guild and/or union memberships), that may prohibit you from participating fully in the Film, or from allowing us to use, on a residual-free and royalty-free basis, your Video worldwide in all media in perpetuity.
Video submission requirements and terms
You can submit as many Videos as you like within the Submission Period, provided each Video complies with these Terms and Conditions which include adhering to these Video Submission Requirements and Terms.
By uploading a Video, you represent, warrant, covenant and confirm to us that your Video conforms to these Terms and Conditions which include the following Video Submission Requirements and Terms:
For each Video you upload, you represent, warrant, covenant and confirm:
you are at least FOURTEEN (14) years old as of Filming Day – if you are a Child (as defined in Section 2.1 above), please have your parent or legal guardian to submit your Video on your behalf;
you are a Canadian citizen or a permanent resident of Canada as of Filming Day;
you have the right to agree to these Terms and Conditions and to grant the rights referred to in these Terms and Conditions, free from any encumbrances and third party rights;
all responses that you provide to us when you upload your Video to the Website, execute any documents, or communicate in your Video, are accurate, true and complete in all respects;
the entire Video was filmed and recorded by you (or your Child) on the Filming Day;
if you are submitting a Video on behalf of a group, you have permission from the group to represent them and submit the Video on the group’s behalf;
you (or your Child is) are the sole author and owner of the Video which is wholly original to you (or your Child) (i.e. not made by anyone other than you) and does not contain content that is owned by someone else, such as cases where someone else owns the copyright to music tracks, any copyrighted programs and/or videos (whether whole or in part), without the necessary authorizations and permissions;
nothing in the Video infringes upon any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations;
you have permission to film at your filming location or locations, if the location or locations is/are privately owned, to enable us to exploit the Video in accordance with these Terms and Conditions – the owner of the location will be required to sign a Location Release form (as defined in Section 5.3 below) if your Video is selected;
you have not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to the Video which would prevent you from licensing the Video to us in accordance with these Terms and Conditions, including by entering into any agreement which would require us to make any payment to you or any third party for using the Video;
no action claim or litigation is pending or threatened with respect to the Video or any rights in the Video;
the Video and your filming and creation of the Video do not violate any local, provincial, federal or international law or encourage violations of such laws, including privacy; and/or
the Video does not contain:
- any logos, trademarks, designs or copyright material (including but not limited to music, film or TV footage), whether or not owned by you (other than the Video itself);
- the name, image or voice or other sounds of any person unless you have obtained a signed permission release form (“Appearance Release”) from such person (or their legal guardian in the case of a minor), in the form available for download here;
- any defamatory material or any material which is disparaging or derogatory of any person or which could adversely affect the name, reputation or goodwill of any person or entity;
- pornographic or sexually explicit content;
- any hateful, obscene, offensive or blasphemous content of any kind;
- threats of any kind or any content that could intimidate, harass or bully any person and/or group;
- content that encourages others to do things that might cause anyone (especially children) to be injured;
- violent or gory content that is primarily intended to be shocking, sensational or disrespectful, or anything that might encourage others to commit specific acts of violence;
- content which promotes or condones violence, hate, discrimination, persecution, or other harmful act (including bullying) against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status or sexual orientation/gender identity, or has the primary purpose of inciting violence, hate, discrimination, persecution, or other harmful acts (including bullying) on the basis of these core characteristics;
- content that constitutes or features predatory behavior, stalking, threats, harassment, intimidation, invasion of privacy, revealing of other people’s personal information or inciting others to commit violent or illegal acts or to violate these standards; or
- content which is contrary to any local, provincial, federal, or international law.
When submitting your Video to us (in the first instance via the Website) you must provide certain details as requested, in particular your name, email address, and your age range, otherwise your Video will not be eligible for consideration for inclusion in the Film. Some questions will be optional to answer. We will only use information collected at this point to contact you (or your parent or legal guardian in the case of Youth contributors) for the purpose of the Film, such as obtaining physical copies of your Video and any further release documentation required, and to communicate with you about whether your Video is provisionally selected for possible inclusion in the Film or has been included in the Film.
Please retain the original material used to create your Video as we may require it for use in the Film, should your Video be selected for possible inclusion in the Film.
We will review all Videos received during the Submission Period for as long as required to review all Videos as determined by us. Videos which do not conform to these Terms and Conditions will not be eligible for inclusion in the Film.
Nothing in these Terms and Conditions shall preclude us from commissioning or sourcing footage to be included in the Film in addition to Videos submitted to us as described in these Terms and Conditions.
If you breach any of your representations, warranties, obligations, undertakings or covenants in these Terms and Conditions, or your Video does not comply in all respects with these Terms and Conditions, your Video will be disqualified from consideration for the Film.
Technical problems and general errors
To the extent permitted by applicable law, neither the broadcaster (being Bell Media Inc.), nor we, nor any of our respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry or capture of information, human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone or other transmission line, garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, technical malfunction(s) of any telephone network or line, cable connections, satellite transmissions, servers or providers, or computer equipment (including mobile device or tablet), traffic congestion on the Internet or at the Website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit your ability to upload any Video to, or download any related materials from, the Website (or any website connected to the Film), or for late, lost, damaged, misdirected, incorrect or incomplete Videos.
For the purposes of these Terms and Conditions, receipt of your Video occurs when you receive a confirmation by email that we have received your Video.
Selection of video
All eligible Videos received during the Submission Period will be reviewed by us and the director of the Film (“Director”), and Videos will be selected for inclusion in the Film on the following basis, in no particular order:
- Appropriateness in relation to the mission statements listed on the Website;
- technical execution; and
- consistency with the creative and artistic vision of the Director of the Film.
- The inclusion of any Video in the Film is entirely dependent on our artistic vision and the artistic vision of the Director.
If your Video is provisionally selected for possible inclusion in the Film, we will contact you (or your parent or legal guardian in the case of a Youth contributor) at any time from September 11, 2016 to May 1, 2017 via the email address you provided when you submitted your Video on the Website or by telephone (if provided), and ask that you send us a physical copy of your Video or upload it to a special site in order for us to use the highest resolution version of your Video possible, if you have not already done this. If your Video is provisionally selected for possible inclusion in the Film, you will be required to sign additional documentation and/or provide additional documentation secured from applicable third parties in regards to use of your Video, at our sole discretion. This will include (i) a Video Release for use of the footage, in a form provided here; and, if applicable, (ii) an Appearance Release(s) from recognizable individuals appearing in your Video; and/or (iii) a location release from the owner of any private location (“Location Release”) in your Video, in a form provided here.
If your Video is provisionally selected for possible inclusion in the Film, it does not mean that your Video will be included in the final cut of the Film, even if you provide all materials and releases requested of you.
If you fail to send us a physical copy of your Video or complete and/or furnish any required documentation, if specifically requested by us, in accordance with any requested timelines, or if your Video is found not to be in compliance with these Terms and Conditions then your Video will not be included in the Film, all as determined in our sole and absolute discretion.
We reserve the right to disqualify your Video at any time, in our sole discretion, on the basis of anything learned or obtained as a result of any additional documentation required by us that constitutes a breach of these Terms and Conditions.
Your license to us
By submitting your Video(s) to us, you hereby acknowledge and agree to irrevocably grant and assign to us and the broadcaster (being Bell Media Inc.), jointly and severally, all rights, title, interests in and to the Video(s), a worldwide, non-exclusive, royalty free license (where relevant, by way of license of present and future copyright) and for the full period of copyright protection and all additions, extensions, renewals and revivals to:
download, copy, reproduce, adapt, translate, alter, modify, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your Video (including without limitation the right to extract audio only or picture only content from your Video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicizing, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, and to include your Video (or any such altered or edited version of your Video) in the Film whether as a single sequence or a series of sequences, in whole or in part, and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as we determine in our sole discretion;
advertise, promote, publicize, broadcast, exhibit, distribute and exploit the Film (and any clips from the Film) incorporating your Video, or any such altered or edited version of your Video, throughout the universe in perpetuity in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Film); and
communicate your Video, or any part thereof, to the public via the Website, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels.
Upon request, you agree to give to us all physical materials and copies of materials relating to your Video. We will not return any physical materials and copies of materials relating to your Video and we shall have no liability to store or retain the same and shall have no liability whatsoever to you arising from the destruction or loss of the same by us or any third party.
In these Terms and Conditions the expression “Film” also includes any trailers, teasers, advertising or promotional material, DVD “extras”, bonus materials, electronic press kits, a “making-of” film, spin-offs, soundtrack album, documentary or other production based on, or relating to the Film, or any other material connected with advertising, promoting or exploiting the Film (collectively, the “Derivative Film Material”).
In these Terms and Conditions the expression “Website” includes any website (including any mobile versions thereof and any Project-related social media accounts) owned by us or operated on our behalf, or on behalf of any of our broadcasters or distributors.
If your Video (or any part of it) does not appear in the Film or in any Derivative Film Material, the license described in this section will not apply.
Onscreen appearances – you, others and locations
If you appear in your Video or if your voice or sounds you make are audible in your Video, and your Video (or any part of it) is included in the Film or any Derivative Film Material, you irrevocably grant to us, in any and all media now known or hereafter devised throughout the universe and in perpetuity, all performance consents which are or may be required under the Copyright Act of Canada and any other analogous legislation in any part of the world for the exploitation of your appearance, name, likeness, and performance in your Video and of the Film (or any part of the Film) and any Derivative Film Material. We have the unlimited right to dub and subtitle your performance in any language.
If anyone other than you appears identifiably in your Video or their voice or other sounds made by them can be heard in your Video or their name is referred to in your Video, or if any location other than your own property, appears identifiably in your Video, you warrant that you have obtained all necessary assignments, licenses, consents, grants of rights and waivers of moral rights from such individuals and the owners of such locations (as applicable) so as to enable us to exploit your Video in accordance with these Terms and Conditions incorporating the names, images, likeness, voices, sounds and performances of such individuals and/or photographs, recordings and sound recordings of such locations (as applicable), throughout the universe, in any and all languages, in perpetuity, in any media and by all means, now known or devised in future, without hindrance and without any payment obligations to such individuals and owners (as applicable). In the event your Video is provisionally selected for possible inclusion in the Film, you will be required to provide signed Appearance Release(s) and Location Release(s) (as applicable).
Credit for your video
If your Video (or any part of it) is included in the final cut of the Film (but not otherwise), you will receive a credit using the full name that you provided when submitting your Video, in a list of other contributors to the Film. The size, position and placement (whether in the Film or elsewhere) of such credit will be determined by us in our sole discretion. No failure by us or any third party to accord the foregoing credit shall constitute a breach of these Terms and Conditions by us or entitle you to rescind your agreement to these Terms and Conditions or to receive injunctive or other equitable relief or to enjoin or restrain the broadcast, distribution, exhibition, advertising, publicity, communication to the public or other exploitation of the Film or any Derivative Film Material.
Your name & likeness for promotion
If your Video (or any part of it) is included in the Film or any Derivative Film Material, we shall have the right to use your name, photograph and non-photographic likeness and any still frames or moving images of your likeness taken from your Video and any recordings of your voice or sounds you made taken from your Video throughout the universe or all purposes of advertising, promotion, publicity, broadcast, exhibition, distribution, exploitation and communication to the public of the Film, any Derivative Film Material, in any and all media now known or devised in future, in perpetuity.
Moral rights and waiver of claims
If your Video (or any part of it) is included in the Film or any Derivative Film Material, to the fullest extent permitted by applicable law, you irrevocably waive the benefits of and agree not to assert or exercise and waive and release us from any and all claims that you may now or hereafter have in any jurisdiction based on any provision of law known as “moral rights” or “droit moral” or any similar rights or unfair competition with respect to our exploitation of your Video without further notification or compensation to you of any kind, and you agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against us or any other person in connection with your Video, the Film or any Derivative Film Material, on the grounds that any use of your Video or any derivative works thereof, infringe or violate any rights of you or any participant therein.
You warrant that neither you nor any other person will make any objection in the future to your Video (or any part thereof) being included in the Film and/or the Derivative Film Material and irrevocably waive and release us from all and any liability of whatsoever nature following from or arising as a result of the inclusion of your Video (or any part thereof) in the Film or any Derivative Film Material including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights.
Contributors of Videos shall not be monetarily compensated for your Videos. Inclusion of your Video in the Film or any Derivative Film Material will be deemed sufficient consideration for all rights granted to us under these Terms and Conditions and neither you nor any other person shall be entitled to any further sums whatsoever in connection with any exploitation of the rights granted to us under these Terms and Conditions.
Inclusion of your Video in the Film or any Derivative Film Material shall include equitable consideration in respect of rental and lending rights and cable retransmission rights and any similar rights to which you may now or shall subsequently become entitled under the laws of any country in connection with the exploitation of the Film or any Derivative Film Material.
We shall be under no obligation to include your Video in the Film or in any Derivative Film Material or, having made the Film or any Derivative Film Material including your Video, to broadcast, exhibit or exploit the Film or any Derivative Film Material and shall have no liability whatsoever arising out of the foregoing.
In addition to Videos submitted via the Website, we and partner organizations may distribute cameras to selected organizations and individuals (“Outreach Participants”) in order to expand the reach of the Project. Videos submitted to us by Outreach Participants will be eligible for inclusion in the Film on the same Terms and Conditions herein.
We will not enter into any correspondence in relation to the selection process of the content included in the Film or in any Derivative Film Material.
Breach of terms and conditions and liability
In the event of any breach by us of these Terms and Conditions, your sole remedy shall be for damages (if any) actually suffered by you (subject always to the paragraph immediately set forth below) and you shall not in any circumstances be entitled to rescind your agreement to these Terms and Conditions or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film or any Derivative Film Material.
To the fullest extent permissible by applicable law, we shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and us at the date of your upload of your Video to the Website or via other means requested by us) suffered or incurred by you arising out of or in connection with these Terms and Conditions. Our aggregate collective liability arising from or relating to these Terms and Conditions (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
Nothing in these Terms and Conditions shall be construed so as to limit or exclude either you or us from liability for fraudulent misrepresentation, personal injury or death.
You accept all of these Terms and Conditions, agree to be bound by our (and, where applicable, the Director’s) decisions, warrant that you are eligible to participate in this Project, and agree to the maximum extent permitted by applicable law that we the Released Parties shall not be responsible for (and you hereby irrevocably release them from liability for) any claims, losses, liability, and damages of any kind (including reasonable attorneys’ fees and expenses), asserted against any of them, incurred, sustained, or arising in connection with your entire participation in this Project. You understand and agree to bear sole liability for the contents of your Video and agree to indemnify the Released Parties for any damages and costs incurred as a result of any third party’s claim or demand relating to the content of your Video. You further agree to indemnify and to keep the Released Parties fully indemnified against all claims, costs, proceedings, actions, demands, damages and liabilities whatsoever incurred by and awarded against or compensation agreed by any Released Party in consequence of any breach or non-performance by you of the warranties specified in these Terms and Conditions.
You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your Video in connection with the Film does not place us in a position that is any different from the position held by members of the general public with regard to elements of your Video, other than as set forth in these Terms and Conditions.
Privacy – personal data
For the purposes of the PIPEDA, PIPA, CASL and any related legislation and any analogous legislation applicable in any other jurisdiction, you agree and give your consent to the holding and processing of personal data relating to the Film, the Derivative Film Material and the Website and to ensure compliance with our legal and regulatory obligations.
You acknowledge that the processing of personal data pursuant to the previous paragraph above may involve the disclosure of such personal data to third parties such as distributors and licensees of the Film, sponsors and advertisers and other persons connected with the Film under these Terms and Conditions.
Assignment or sub-license
We shall be entitled to assign, license, charge or deal in any other manner with these Terms and Conditions or our rights and benefits under these Terms and Conditions (in whole or part) to any third party.
You shall not be entitled to assign, license, charge or deal in any other manner with these Terms and Conditions or your rights and benefits under these Terms and Conditions to any third party without our prior written consent.
Entire agreement & governing law
The laws of the country of Canada and the Province of British Columbia shall apply to these Terms and Conditions and you irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia in respect of any dispute or claim arising out of or in connection with these Terms and Conditions. Service of process in any judicial or other proceeding against you may be made by personal delivery or by post (by airmail if sent overseas) to the address provided by you to us (or such other address as you may notify to us in writing from time to time) and shall be deemed effected when left at the relevant address (in the case of personal delivery) or two (2) days after posting (if sent by post other than airmail) or six (6) days after posting (if sent by airmail). Service of process in any judicial or other proceeding by you against us may be made by personal delivery or by post (by airmail if sent from overseas) to this address: P.O. Box 19626, Vancouver, BC V5T 4E7.
If any provision of these Terms and Conditions are invalid, void or unenforceable for any reason, such provisions shall in no way affect any other provision of these Terms and Conditions, which will remain in full force and effect.
Right to cancel, modify or disqualify
If for any reason the Project is not capable of running as planned, including 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 Project, we reserve the right at its sole discretion to cancel, terminate, modify or suspend the Project. We further reserve the right to disqualify any entrant who tampers with the submission process or any other part of the Project or Website. Any attempt by an entrant to deliberately damage the Website or undermine the legitimate operation of the Project is a violation of criminal and civil laws. Should such an attempt be made, we reserve the right to seek damages from any such entrant to the fullest extent of the applicable law. We may cancel, modify, or suspend this Project (or any portion thereof) at our sole discretion.