CTV Your Morning Appearance and Video Submission Release

BELL MEDIA INC. (“Bell Media”, “us”, “we” or “our”) is asking individuals (“you” or “your”) to submit videos for consideration to be included in the program currently entitled “Your Morning” (the “Program”).

We are seeking videos from viewers to send video greetings to Canada for the possible inclusion of the Program and we invite you to submit these videos for this purpose (each, a “Video” and collectively “Videos”, which shall include all or any part(s) of such Videos).

By submitting your Video to us via CTV Your Morning Viewer Video Submissions (the “Website”) or as otherwise requested by us, you agree to (i) these Terms and Conditions (the “Terms and Conditions”), and (ii) the Privacy Policy found at Bell Media's Privacy Policy (the “Privacy Policy”).  These Terms and Conditions and Privacy Policy form a binding legal agreement between you and us with respect to the Program and your Video submission. If you do not agree to the Terms and Conditions and the Privacy Policy, please do not submit a Video

Our decisions and, where applicable are final (whether joint or otherwise) and binding on all matters, including any application or interpretation of these Terms and Conditions.

1.            ELIGIBILITY

1.1            Video entry is open to everyone over the age of majority in your province, state or country in which you reside as of the date of your submission.

1.2            If you are:

(i)              If you are between FOURTEEN (14) to EIGHTEEN (18) years of age (a “Youth”) on the day of submission, 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 Program, 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 Program.

(ii)             Children under the age of FOURTEEN (14) years of age (a “Child” or “Children”), must have a parent or legal guardian submit any Video on the child’s behalf. Children are not able to set up a profile on the Website or submit a Video.

2.              VIDEO SUBMISSION REQUIREMENTS AND TERMS

2.1            Each Video must be one (1) minute or less. 

2.2            By uploading a Video, you represent, warrant, covenant and confirm to us that your Video conforms to these Terms and Conditions:

2.2.1        For each Video you upload, you represent, warrant, covenant and confirm:

2.2.1.1       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;

2.2.1.2       all responses provided by you to us when you upload your Video to the Website, execute any documents, or communicate with us about your Video, are accurate, true and complete in all respects;

2.2.1.3       the entire Video was filmed and recorded by you;

2.2.1.4       you are the sole author and owner of the Video which is wholly original to you (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 or videos made by other users (whether whole or in part), without the necessary authorizations and permissions;

2.2.1.5       nothing in the Video infringes 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;

2.2.1.6       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;

2.2.1.7       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;

2.2.1.8       no action claim or litigation is pending or threatened with respect to the Video or any rights in the Video;

2.2.1.9       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

2.2.1.10    the Video does not contain:

a)     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);

b)     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;

c)      any material that is libelous, defamatory, profane, obscene, pornographic or violent and will not contain any content that is contrary to law 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; and/or

d)     content which is contrary to any local, provincial, federal, or international law.

2.3            When submitting your Video to us (in the first instance via the Website) you must provide certain details requested by us, ie. your name, email address, place of residence and your age, otherwise  your Video will not be eligible for consideration for inclusion in the Program. We will only use information collected at this point to contact you (or your parent or legal guardian, as applicable) for the purpose of the Program, such as obtaining any further release documentation required, and to communicate with you about whether your Video is provisionally selected for possible inclusion in the Program or has been included in the Program.

2.4            Any information collected by us as part of this process will only be used in a manner consistent with these Terms and Conditions and will at all times only be used in a manner consistent with the Privacy Policy and the terms of the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”) and the Personal Information Protection Act of British Columbia (“PIPA”).

2.5            Nothing in these Terms and Conditions shall preclude us from commissioning or sourcing footage to be included in the Program in addition to Videos submitted to us as described in these Terms and Conditions.

2.6            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 Program.

3.              SELECTION OF VIDEO

3.1            All eligible Videos received will be reviewed by us, and you acknowledge and agree that we cannot guarantee and are not obligated to include your Video in the Program. 

3.2            If your Video is selected for the inclusion in the Program, you may be required to sign additional documentation, at our sole discretion. This may include (i) a Material Release for use of any additional footage and, where applicable, (ii) an Appearance Release from recognizable individuals appearing in your Video.

4.              YOUR LICENSE TO US

4.1   By submitting your Video to us, you hereby acknowledge and agree to irrevocably grant and assign to Bell Media all rights, title, interests in and to the Video, a worldwide, 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:

4.1.1        download, copy, reproduce, reuse, adapt, record, 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 Program, and to include your Video (or any such altered or edited version of your Video) in the Program 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;

4.1.2        advertise, promote, publicize, broadcast, exhibit, distribute and exploit the Program (and any clips from the Program) 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 Program);

4.1.3        communicate your Video, or any part thereof, to the public via any Digital Platforms, including without limitation for promoting and redistributing part or all of the Video and/or Program in any media formats and through any media channels; and

4.1.4        authorize, permit, assign, license and/or distribute to others (including to any parent, affiliate or subsidiary company or third parties) to do any of the foregoing as outlined in Sections 4.1.1 to 4.1.4. 

4.2   In these Terms and Conditions the term “Digital Platform” includes any website (including any mobile versions thereof), any digital platforms and/or social media accounts.

4.3   If your Video (or any part of it) does not appear in the Program, the license described in this section will not apply.

5.              ONSCREEN APPEARANCES – YOU AND OTHERS

5.1   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 Program, 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 Program (or any part of the Program). We have the unlimited right to dub and subtitle your performance in any language.

5.2   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).

6.              YOUR NAME & LIKENESS FOR PROMOTION

If your Video (or any part of it) is included in the Program, 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 Program, in any and all media now known or devised in future, in perpetuity.

7.              MORAL RIGHTS AND WAIVER OF CLAIMS

7.1   If your Video (or any part of it) is included in the Program, 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 Program, 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.

7.2   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 Program 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 Program including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights.

8.              REMUNERATION

8.1   Contributors of Videos shall not be monetarily compensated for your Videos. Inclusion of your Video in the Program 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.

8.2   Inclusion of your Video in the Program 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 Program.

9.              NO OBLIGATION

9.1   We shall be under no obligation to include your Video in the Program to broadcast, exhibit or exploit the Program and shall have no liability whatsoever arising out of the foregoing.

9.2   We will not enter into any correspondence in relation to the selection process of the content included in the Program.

10.            BREACH OF TERMS AND CONDITIONS AND LIABILITY

10.1 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 Program.

10.2 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).

10.3 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.

10.4 You accept all of these Terms and Conditions, agree to be bound by our decisions, warrant that you are eligible to participate in this Program, and agree to the maximum extent permitted by applicable law that we Bell Media and its respective affiliate, parent and subsidiary companies, and each of its respective directors, officers, employees, and contractors, involved with the Program (“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 Program. 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 non­performance by you of the warranties specified in these Terms and Conditions.

10.5 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 Program 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.

11.            ASSIGNMENT OR SUB­LICENSE

11.1 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.

11.2 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.

12.            ENTIRE AGREEMENT & GOVERNING LAW

12.1 These Terms and Conditions, including the Privacy Policy, any and all applicable consent and release forms (together with all information provided by you at the point of submitting your Video to us) constitute the entire agreement between you and us and replaces, supersedes and cancels all prior agreements between you and us relating to the subject matter of these Terms and Conditions.

12.2 The laws of the country of Canada and the Province of Ontario shall apply to these Terms and Conditions and you irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of any dispute or claim arising out of or in connection with these Terms and Conditions.

13.            SEVERABILITY

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.

14.            RIGHT TO CANCEL, MODIFY OR DISQUALIFY

We may cancel, modify, or suspend this Program (or any portion thereof) at our sole discretion. We reserve the right to change the terms and conditions of the Terms and Conditions and Bell Media’s Website Privacy Policy and Terms and conditions at any time without any notice to me.

PLEASE NOTE BY SUBMITTING THE ONLINE APPLICATION YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS AND THE BELL MEDIA WEBSITE PRIVACY POLICY AND TERMS OF USE.