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CONTEST RULES AND REGULATIONS (“Contest Rules”)

iFactor is sponsored and managed by CNIB (the “Sponsor”). The purpose of this contest is to raise awareness about CNIB and to foster talent and encourage Canadians to attend the final event at the CNIB Lake Joseph Centre (Lake Joe) on Saturday, August 20, 2011.

  1. No purchase necessary. Void where prohibited. The iFactor Contest (the “Contest”) is open to Canadian residents with vision loss (defined in section 2) who are the age 16 or older as of the Contest Starting Date (defined below). Notwithstanding the above, the Contest is not open to employees, agents or representatives of the independent panel of judges, their respective parents, affiliates, subsidiaries and dealers, their respective advertising and promotional agencies, suppliers of prizes, and persons domiciled with or the immediate family members of any of the foregoing. “Immediate family member” is defined as parents, siblings, children and spouse. Anyone who attempts to defraud or in any way tamper with the Contest will be ineligible. Contestants who were selected as part of the Top 10 are ineligible to participate in iFactor for three (3) subsequent years.
  2. Contestants who are not the age of majority must have a parent or legal guardian sign a consent form in order to enter the contest. If a contestant is not the age of majority and is selected as the finalist, the legal guardian or parent must accompany the contestant to Lake Joe for the training and final competition as well as sign an additional consent form. Contestants that are currently a member of ACTRA, UDA, Equity, SAG, AFTRA or any other performing arts union or guild agree that participation as competitor in the Contest on video and during the live events, does not constitute a performance or appearance as defined by any performing arts union or guild, nor does it entitle the contestant to any wages or salary or other similar compensation. This contest defines vision loss as having visual acuity that does not exceed 20/200 in the better eye even with correcting lenses (20/200 means that a person must be 20 feet from an eye chart to see what a person with normal vision can see at 200 feet) or visual field extent of less than 20 degrees in diameter horizontally (normal visual field is 180 degrees). Contestants who do not meet this requirement are ineligible.
  3. To enter: The submission stage of the Contest begins Tuesday, January, 11, 2011 at 4:00:01 p.m. Eastern Time (“ET”), (the “Contest Starting Date”) and ends Thursday, June 9, 2011 at 11:59:59 p.m. ET (the “Submission Closing Date”). To enter, contestants must visit www.theifactor.ca (the “Contest Website”), complete the online entry form AND upload a video of themselves performing musically (singing, playing an instrument or both) for a total runtime of five minutes or less. Videos must be in one of the following formats: Windows Media Video (.wmv/.avi), Mobile Phone format (.3gp), QuickTime Movie (.mov), .MPEG, Flash Video (.flv), ShockWave Flash (.swf), HD video (.mkv), iPod/PSP Format (.mp4). Audio-only files will be accepted in Wave Format (.wav) or .MP3. The total file size must not exceed 500 Megabytes. Entries may also be mailed in to: Attn: Shawna Rathbun, 1929 Bayview Avenue, Toronto, ON, M4G 3E8. Entries that are mailed in must be post marked by May 21, 2011. All mailed entries must be in CD or DVD. Any form of entry other than those described herein is void. Only one (1) entry per person is permitted. By entering this Contest, entrants agree to accept and abide by the Contest Rules. All decisions of the Sponsor with respect to any aspect of this Contest, including without limitation the eligibility of Submissions, are final and binding on all entrants in all matters as they relate to this Contest. All Submissions that comply with the Contest Rules and are deemed by the Sponsor to qualify will be posted on the Contest Website for public viewing. Submissions will not be eligible if submitted by any method not specified above or if received after the dates listed above.
  4. Submissions that are not sung/performed by the participant who is entering the contest, or that are illegal, in any way in breach of the Contest Rules, infringe on the intellectual property or other rights of any party, are defamatory, untrue, or obscene, contain nudity or profanity, or that discriminate based on grounds set out in Human Rights codes or other applicable legislation, all as determined solely by the Sponsor and/or Agency, in their sole and absolute discretion, will not be eligible and are subject to disqualification at the sole and absolute discretion of the Sponsor and/or Agency. By submitting a Submission, entrants grant the Sponsor a royalty-free, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, make derivative works from and otherwise exploit the Submission in whole or in part, in any and all media, and waive any moral rights in the Submission in favour of the Sponsor.
  5. The submissions will be posted on the Contest Website for voting by the general public. During the Contest Voting Period Monday, February 14, 2011 at 11:59:59 a.m. ET through Wednesday, June 15, 2011 at 4:00:01 p.m. ET, visitors to the Contest Website will be able to vote on their favourite Submission by following voting instructions provided on the Contest Website. There will be a fee per vote: $1/vote or $20/50 votes. All votes are final and can not be withdrawn once they have been cast. Automated or robotic voting is not permitted, and votes submitted via these means will be disqualified. All votes that are deemed to be fraudulent or otherwise not in compliance with these Contest Rules, at the discretion of the Sponsor, will be ruled inadmissible and will not be counted. Charitable tax receipts will not be issued for the payment of any votes.
  6. Top 10 Selection: The top 10 selections will be made by the Sponsor based on a 100 point system. The online public votes received will account for 50 percent of the points. The remaining 50 points will be determined using an independent panel of judges who are experts in the music industry The panel will be judging the contestants out of a possible 50 points on a number of criteria. These criteria include musical talent, originality, audience appeal, personal style and stage presence. There will be at least one bilingual judge on the panel. The top 10 finalists will be notified between Thursday, June 16, 2011 at 11:59:59 a.m. ET and Tuesday, June 21, 2011 at 12:00:01 p.m.
  7. Top 10 Finalist Prize: All top 10 finalists and an age of majority (18+) guest (parent/guardian/sighted guide) will receive: Transportation to/from CNIB Lake Joseph Centre via land or air transportation as decided by CNIB as the most cost efficient. Contestants will not be provided transportation from their place of residence to the select mode of transportation by CNIB to Lake Joe. Contestants will be transported to Lake Joe on Sunday, August 14, 2011. Top 10 finalists will receive room and board at Lake Joe for the duration of the stay. While at Lake Joe, contestants will have access to musical training and other professional coaching. On Sunday, August 21, 2011 all contestants will depart Lake Joe and head home. Contestants will be provided transportation from Lake Joe to the closest major city to contestant home by the select mode of transportation as decided by CNIB. Contestants will not be provided transportation to their place of residence.
  8. Top 10 Finalists will be asked to provide a valid CNIB card number to ensure they can travel with our travel partners. If the contestant is not a current CNIB member they must provide a medical practitioner’s report of the contestant’s best corrected visual acuity that meets the guidelines set out in Section 2 of the Contest Rules and Regulations. If the contestant is chosen as a Top 10 Finalist the medical practitioner’s report will be used to obtain a valid CNIB card to secure their travel arrangements.
  9. CNIB reserves the right to extend the return travel date of the iFactor Winner and their companion if media opportunities arise. Accepting a position as a Top 10 finalist includes agreeing to a flexible return travel date beyond Sunday, August 21, 2011. In this instance, CNIB will make alternative travel arrangements for the iFactor Winner and their companion to travel to the closest major city to contestant home by the select mode of transportation as decided by CNIB. Contestants will not be provided transportation to their place of residence.
  10. The decisions of the Contest Judges are final and binding on all entrants without right of appeal. The chances of being selected by the Contest Judges as having one of the Finalist Submissions depends on the number and calibre of eligible Submissions received.
  11. Top 10 Finalist Notification: Attempts will be made by the Sponsor to contact the top 10 finalists by phone or email within five (5) days following the end of the Contest Period. The potential winner will not receive the Finalist Prize (defined above) if he/she cannot be contacted within the time specified above, if the Declaration and Release Form is not returned within the specified time period, or if he/she is not otherwise in compliance with the Contest Rules. Entrants agree to be bound by the Contest Rules and any and all decisions of the Sponsor which are final and binding in all respects. In the event that the potential winner is determined by the Sponsor to be ineligible for any reason, including by reason of failure to comply with these Contest Rules, he/she will be disqualified and will not receive the finalist Prize, and the finalist Prize will be awarded to the next qualified entrant with the next highest total points from the independent panel.
  12. Winner Release Forms: The finalists must execute and return within five (5) days of receipt, a standard Declaration and Release Form, including a publicity release, and any other documentation that the Sponsor or the Agency requires (“Prize Acceptance Documents”). Except where prohibited by law, by accepting the Prize, the winner consents to the use by the Sponsor and the Agency of his/her name, photo, image, likeness, biographical information, statements, voice, and address (city and province only) for advertising/publicity purposes worldwide and in all media, without further compensation. All top 10 finalists and their companions will be asked to provide criminal reference checks (paid for at their own expense) to CNIB along with a signed release form.
  13. Grand Prize Winner Identification: The grand prize winner will be identified at the live finale at the CNIB Lake Joseph Centre on Saturday, August 20, 2011. If necessary, steps will be taken to accommodate any French-speaking contestants during the event. Contestants will perform two rounds in front of a live audience at Lake Joe.

    The performance rounds are as follows:
    1. Round 1 – Round 1 – top 10 contestants: each perform a three minute song (comments by judges and elimination of seven contestants)
    2. Round 2 – five contestants: each perform a different three minute song each (comments by judges and announcement of order of top five [first place, second place, third place], fourth place and fifth place)

    The audience will select the top five by casting votes following the first performance round. Audience members will cast their round one votes by donating $10 to CNIB and they will receive a charitable tax receipt in that amount. The audience will select the iFactor Winner by casting votes following the second performance round. Audience members will cast their round two votes by donating $10 to CNIB and they will receive a charitable tax receipt in that amount. There is no limit to the number of times audience members can vote for a contestant or in a round. The Top 10 Finalists will have an opportunity to perform at the live finale with the accompaniment of a house band provided by CNIB. Arrangements will also be made for each contestant to have practice time with the same house band during the training week. Accompaniment by outside musicians will not be permitted. Alternatively, Top 10 Contestants may also perform with instrumental backup from a compact disc or digital audio file
  14. Prize: There is one (1) prize available to be won. The prize (total approximate value over $5,000 CDN) consists of:
    1. Appropriate transportation for winner and one age of majority guest (18+, parent, guardian, sighted guide) from major Canadian city to where Terry Kelly, award winning and Juno nominated, singer-songwriter is performing.
    2. Appropriate ground transportation during trip (as determined by CNIB)
    3. Two nights accommodation at major Canadian hotel
    4. Meal allowance
    5. Opening performance for Terry Kelly during a concert (of a defined time period by Mr. Kelly)
    6. Be presented with the Joe Finley Award of Excellence
    7. CNIB will endeavor to secure studio time to record a demo
    8. CNIB performance opportunities across the country will be provided throughout the year, schedule to be determined
  15. Prize Limitations: All expenses not specifically included in the Prize as described in the Contest Rules are hereby excluded. The Prize must be accepted as awarded without substitution and is not transferable, except at the sole discretion of the Sponsor, and has no cash surrender value. The Sponsor reserves the right to substitute the Prize, or any part of the Prize, for a prize of equal or greater value. Any depiction of the Prize is for illustrative purposes only. The refusal by an entrant to accept the Prize or any part of the Prize releases and forever discharges the Sponsor and its agents from all obligations related to the Prize, including delivery. Contest is subject to the Contest Rules and all applicable federal, provincial and local laws. Winner is solely responsible for all other expenses not included in the Prize, or applicable taxes.
  16. Limitation of Liability: By entering the Contest, each entrant releases the Sponsor, and the Contest Judges, their advertising and promotion agencies, and any agents involved in the development, production or handling (including Prize suppliers), implementation and distribution of this Contest, and their respective parent companies, affiliates, subsidiaries, service providers, officers, employees and other person/entity associated with the Contest (the “Contest Entities”) from any and all liability for losses/injuries/expenses of any kind (including, without limitation, property damage, personal injury and/or death) resulting from or relating to participation in the Contest including acceptance and/or use/misuse of the Prize. By entering the Contest, each entrant also grants the Sponsor the right to use entry information for marketing purposes to the extent permitted by law, and releases the Sponsor from any claims or liability relating to such use. Entrants agree that none of the Contest Entities have made or are responsible for any representation or guarantee, express or implied, in fact or in law, relative to the Prize. Each entrant also releases all ownership of his/her Submission and gives full permission to the Sponsor to use it as they see fit.
  17. Only one (1) entrant’s name may appear on the entry form. In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
  18. Proof of transmission does not constitute proof of delivery. Online entries must be made by the original, manual keystrokes of the individual entrant. Use of any automated system including robotic or form filling software to enter or participate is prohibited and will result in disqualification of all entries by anyone using such assistance. The Sponsor assumes no responsibility for garbled, lost, late, delayed, destroyed or misdirected mail, voice messages, email or any computer errors or malfunctions. No correspondence will be entered into except with the potential winner and any individuals requesting a copy of the Contest Rules by mail (for which a self-addressed, postage paid envelope must be included). The Sponsor does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials or data that have been tampered with or altered are void. The Sponsor reserve the right, in their sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Contest Rules or otherwise in a disruptive manner. Any attempts to deliberately damage the Contest Website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Sponsor reserve their right to seek remedies and damages to the fullest extent of the law. The Sponsor shall not be held responsible for any errors, negligence, injury, loss or damage that may arise or occur in connection with the Contest, including any damage to an entrant’s computer equipment, system, software or other property or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest Website, where applicable.
  19. Jurisdiction: The Contest and the Contest Rules will be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules.
  20. Prize Winner: The identity of the winner and the winning Submission will be posted on The iFactor website (theifactor.ca) for 120 days after the winner is selected and may also be posted on CNIB’s website (www.cnib.ca) and CNIB Lake Joseph Centre’s website (www.lakejo.ca). Entry in this Contest does not constitute entry into any other promotion contest, sweepstakes or game.
  21. The Sponsor respects each entrant’s right to privacy. The Sponsor will use the entrants’ personal information for the purpose of administering the Contest and may request consent at the time of entry to provide entrants with further information by email. The Sponsor’s privacy policy is available at www.cnib.ca.

By participating in The iFactor Contest, I warrant that I meet these eligibility requirements and have read, accepted, understand and will comply with the Contest Rules and the submission terms and guidelines, and that any violation thereof may disqualify me from the Contest. By submitting this entry, I agree to surrender all rights in it to the Sponsor to use wherever and however they deem appropriate.