Contest Rules

Made In London Official Rules

1. Agreement: NO PURCHASE NECESSARY. These rules (the “Contest Rules”) govern Made In London Contest (the “Contest”). The act of entering the Contest (or, in the case of minor Entrants, providing your consent as parent or legal guardian that such minor may enter the Contest) constitutes your agreement with and acceptance of the Contest Rules and the decisions of the Sponsor, which decisions shall be final and binding upon all Entrants (defined below).

2. Sponsor: The Contest sponsor is Blackburn Radio Inc. and Classic Rock, Free 98-1 (the “Sponsor”).

3. Eligibility: The Contest is open only to bands that have at least one (1) or more band members permanently residing in London, Ontario or in a community within the terrestrial broadcast range of Classic Rock, Free 98-1– including Chatham, Sarnia, Woodstock, St. Thomas, Exeter, Strathroy (each, a “Participating Community”). All band members must be above the age of 13 at the time of entry in the Contest. Bands entering the Contest and each of their individual band members may also be individually and collectively referred to herein as “Entrant” or “Entrants”.

Excluded from the Contest are employees of the Sponsor or employees of the Sponsor’s respective corporate affiliates or advertising or promotional agencies, and such employees’ immediate families or household members. In the event that there is a dispute over whether an Entrant is a resident of one of the Participating Communities or otherwise eligible to participate in the Contest, the Sponsor shall make a final determination in their sole discretion.

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.

The Sponsor reserve the right, in their sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

4. How to Enter Contest:

a) To enter the Contest, Entrants must follow these steps:

i) Record a performance (an original or cover song) which must be the original work of the Entrants, and must feature the Entrants (collectively, the “Work”).

ii) Upload the Work on the popular video-sharing site, YouTube, found at http://www.youtube.com. In order to upload the Work, you will need to have or create a YouTube account and you must agree to and comply with the YouTube Terms of Service found at http://www.youtube.com/t/terms.

iii) Visit web site of Classic Rock, Free 98-1 and becoming a member of ‘Free Nation’ the online membership club. Once registered, fill out the online submission form including your band’s name, contact information, the name of the song performed as part of the Work, and the Work’s YouTube link. Note that individual band members who are under the age of eighteen (18) must obtain the consent of his/her parent or legal guardian, and provide the name and contact information of that parent or legal guardian when registering for the Contest. If a parent or legal guardian does not provide consent, the minor Entrant may be disqualified. Parents or legal guardians of minor Entrants hereby agree that Sponsor may contact them with respect to the minor under their care and his/her participation in the Contest.

b) Each Entrant may only submit one (1) Contest entry per month.

c) The Contest entry period begins once the contest is announced for the month. The submission deadline will vary slightly depending on the month – please consult with the deadline published on the contest Submission Page.

You have until the published deadline to create your profile and submit a video.

d) By participating this Contest, Entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original to the Entrant, and all right, title and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Sponsor to use the Work as contemplated by these Contest Rules; (iii) in the event that persons other than the individual band members are identifiable in the Work and/or have contributed to the Work in any way, Entrant has obtained the written consent, release and/or permission of every such person to use such person’s name, likeness and/or contribution to the Work as contemplated by these Contest Rules; and (iv) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.

e) Sponsor reserve the right, it their sole discretion, to exclude from the Contest any Entrant and/or any Work or portion of a Work on the basis of the Work being offensive or inappropriate, or on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in their sole discretion.

5. Ownership/Use Rights: Each Entrant retains the copyright in and to such Entrant’s Work. However, by entering the Contest, Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant) hereby grants to the Sponsor a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, print, publish, broadcast, reproduce, distribute, prepare derivative works of, and display the Work, the band’s name, the contact information for the band, the names, likenesses and biographies of each band member in connection with Sponsor’ (and their respective affiliates and successors’) business, including without limitation in any media formats and through any media channels now known or hereafter devised.

6. Finalist and Winner Selection:

a) Monthly Winner Selection.

Winning bands will be named and awarded within 3 business days following the submission deadline date each month.

Judges: All Made In London  judges are professionals within the music and/or entertainment industry. Made In London reserves the right to protect the identity of all judges in order to maintain anonymity and fairness to all bands.

Criteria: Judges will select monthly winners based on the following criteria: originality, musicianship, and original songwriting (determined by listening to additional original material as provided by the Entrant via website submission).

EACH SELECTED FINALIST WILL BE CONTACTED BY TELEPHONE OR E-MAIL BY A REPRESENTATIVE OF THE SPONSOR NO LATER THAN 5 BUSINESS DAYS OF EACH MONTH’S SUBMISSION DEADLINE AND MUST RESPOND WITHIN FORTY-EIGHT (48) HOURS TO MAINTAIN ELIGIBILITY. If a potential Finalist cannot be contacted within this time period or fails to respond to any attempted contact within forty-eight (48) hours, such potential Finalist will be disqualified, his/her entry will be declared null and void and the Sponsor reserve the right, in their sole and absolute discretion, to select the Entrant from the same Participating Community with the next highest score from the Judges.

The decisions of the Sponsor are final and binding in respect of any matter relating to this Contest and may not be challenged in any way. The Sponsor are not responsible for the failure for any reason whatsoever: (i) of a selected Entrant to receive notification or (ii) of the Sponsor to receive a selected Entrant’s response.

7. Prizes:

a) Monthly Prize. There is one (1) monthly prize (“Monthly Prize”) available to be won by the Entrant selected as the Monthly Winner. The Monthly Prize consists of: (i) $4,000 value in studio time to be coordinated and fulfilled by EMAC Recording Studios – 432 Rectory Street, London Ontario, N5W 3W4.

c) Monthly Prize may be referred to herein as “Prize” or “Prizes”. Monthly Prize Winner may be referred to herein as a “Winner” or “Winners”.

d) Winner must be available to participate in any on-air promotion  or performance on the date and at the times designated by the Sponsor. If a Winner is unable or unwilling to participate in the Performance or accept or otherwise redeem a Prize on the terms it is awarded, such Performance and Prize shall be forfeited and no cash or substitutes will be provided in whole or in part.

e) All Prizes must be accepted as awarded, are non-transferable and are not convertible to cash. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserve the right to substitute any Prize or portion of the Prize in the sole discretion of the Sponsor. All Prizes are awarded as-is and no warranties or guarantees are implied or expressed.

Winners may be required to fulfill certain obligations in order to receive prices, including but not limited, to payment for shipping and mastering of recordings. In the unlikely event that a Sponsor withdraws from their prizing obligations, the Sponsor will not be held responsible by Entrant. The Sponsor will undergo its best efforts to provide a replacement prize of equal value. Should the Entrant not accept the substitute prize, the Entrant waives their claim to said prize.

8. Release: Prior to receiving the Prize, the members of all bands selected as Winners (or parents/legal guardians of minor band members) will be required to show valid photo ID and to sign a declaration of eligibility and release form (“Release”) (i) releasing the Sponsor and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsor, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability in connection with the Contest and/or the Prize, (ii) confirming compliance with the Contest Rules, and (iii) consenting to the use of the Work, and such band member’s name, likeness, voice and biography, without further compensation, in any publicity (including features and articles about the Entrant in the Community Newspapers) carried out by the Sponsor and/or their advertising and promotional agencies. The signed Release must be received by Sponsor within five (5) business days of notification of winning or the Prize may be forfeited and awarded to an alternate Entrant.

9. Indemnification by Entrant: By entering the Contest, Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant) indemnifies, defends, releases and holds each of the Sponsors and harmless the Releasees from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of, or failure to receive any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity.

Further, the Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of the entrant’s rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

10. Limitation of Liability: Sponsors are not liable for any lost, late, missing, misdirected or stolen entries (including postings of the Work on YouTube) or Releases, or inability to process entries, or any errors, damage or negligence that may arise in connection with this Contest, including technical failures on the part of Contest software, viruses, website down-time, human error or property damage incurred by any Entrant. Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant) assumes any and all liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use or misuse of, or failure to receive any Prize, including but not limited to personal injury, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light. Sponsors are not responsible for any errors or omissions in printing or advertising this Contest.

11. Privacy:

a) By participating in the Contest, Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant): (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, e-mail address and/or other personally identifiable information provided on Entrant’s Contest entry form (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners and as otherwise contemplated in these Contest Rules; (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.

Name and likeness: Except where prohibited by law, by registering, Bands grant permission to use all Band members’ names, hometowns, likenesses, public profile media, and photographs for online posting, and/or any advertising and publicity without additional compensation.

b) The Sponsors will use Entrants’ Personal Information only for identified purposes, and the Contest is run in compliance with the Made In London  privacy policy, which may be found in full at http://covers.981freefm.ca/contest-rules/

12. Banning: The Sponsors may, in their sole discretion, prohibit any Entrant from entering the Contest whom it believes to be abusing the Contest Rules. Winners must at all times behave appropriately when taking part in the Prize, the Performances or any other Prize-related events and observe these Contest Rules and any other rules or regulations in force at any Contest-related locations. The Sponsors reserve the right to remove from the Performances or Prize-related events or locations any Winner who breaks such rules and/or fails to behave appropriately and to disqualify such Winner.

13. Other: This Contest is governed by the laws of Ontario and the laws of Canada applicable therein and is void where prohibited by law. The Sponsors reserve the right to cancel or modify the Contest or the Contest Rules at any time without notice. All entries become the sole property of the Sponsors and none will be returned for any reason. No communication or correspondence will be exchanged with entrants except with those selected as Winners. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. Use of any automated system including robotic or form filling software to enter or participate in this Contest is prohibited and will result in disqualification of all entries by anyone using such assistance. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their licensors or affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

14. Entrant Code of Conduct:

Any attempt by an Entrant to deliberately damage the web site or undermine the legitimate operations of the Contests by, including but not limited to, cheating, hacking, deception, or other unfair playing or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives or employees may result in immediate disqualification and damages sought by the Sponsor from the Entrant to the fullest extent permitted by law.


What is a 'cover' song?

In popular music, a cover version or cover song, or simply cover, is a new performance or recording of a contemporary or previously recorded, commercially released song or popular song. – Wikipedia

Simply put, a song cover is your performance of a song that was first made popular by someone else. Each month we select a different artist – you select the song you want to cover by that artist!

What is the process of the Made In London competition?

Each month we name a Featured Artist for you to cover. You have up until the published deadline date to submit your original cover version of any song in that artist’s catalog.

I want to enter, but I can’t sing/play an instrument - what do I do?

If you’re a great singer without any instrumental skills or a talented drummer with a voice that sounds like nails on a chalkboard, we still want to see your talent. Why not perform an instrumental cover or sing acapella? Show off the skills that you do have, and don’t worry about the ones you don’t!

Who is eligible to enter?

The competition is open to Ontario residents with at least one (1) or more band members permanently residing in London, Ontario or in a community within the terrestrial broadcast range of Classic Rock, Free 98-1 (including Chatham, Sarnia, Woodstock, St. Thomas, Exeter, Strathroy – but excluding Windsor, Kitchener, Cambridge, Waterloo, Guelph, Toronto, Hamilton, etc.). Please note that, unfortunately, this competition is not open to residents outside of this defined geographic area.

You also need to be at least 13 years old at the time of entry.

Full contest rules are available on the ‘CONTEST RULES’ tab on this page.

How do I enter?

Entering Made In London  is a 3-step process:

STEP 1: Create a profile – Visit Classic Rock, Free 98-1 and register to become a member of Free Nation. Once you’ve got your login credentials, come back to the Made In London contest page and login.

STEP 2: Record and submit your original song or cover – Film yourself performing, using your own vocals and music. Upload your video to YouTube, then submit the YouTube link on the Made In London contest page.

Please be patient, as your video will need to be approved by Made In London staff before it goes live on your page.

STEP 3: Participate – View and comment on other people’s covers!

Why was my video not approved?

Your video may be rejected if it:

  1. The YouTube link doesn’t work or the video didn’t properly upload.
  2. Contains profanity, defamatory or obscene content or includes themes of hate and/or violence.
  3. Past the published submission deadline.

Made In London  and Classic Rock, Free 98-1 reserve the right to reject or disqualify any entry at any time for any reason whatsoever.

Made In London and Classic Rock, Free 98-1 reserve the right to remove a submission at any time for any reason whatsoever.

How many times can I enter?

You are allowed to create one Free Nation account and you are only able to submit one entry for each month, so make sure you’re happy with it before you submit!

If you create multiple profiles, they will be deleted. If you submit multiple covers from the same artist, they will not be approved and only your first entry will qualify.

When is the entry deadline?

The Contest entry period begins once the contest is announced for the month. The submission deadline will vary slightly depending on the month – please consult with the deadline published on the contest Submission Page – http://free981.com/made-london/.

You have until the published deadline to create your profile and submit a video.

How will each monthly winner be chosen?

Judges: All Made In London judges are professionals within the music and/or entertainment industry. Made In London reserves the right to protect the identity of all judges in order to maintain anonymity and fairness to all bands.

Criteria: Judges will select monthly winners based on the following criteria: originality, musicianship, and original song-writing (based on additional material accessed through the website link provided by the entrant).

How will I know if I’ve won?

If you’ve won, Made In London will contact you directly via the email address you provided on your submission within 5 business days of the deadline date.

Do YouTube views and comments count?

No – we will only be looking at your official Made In London submission.

Can I delete my profile or entry?

If for some reason you wish to remove yourself from the competition, please send us email us an email via the Contact Us page with the text “COVERS PROFILE REMOVAL”, including your First Name, Last Name and email address in the comment field and we will take down your submission.

Please note that once you send us this email, you will have officially forfeited the competition for that month – your submission will be taken down and you will not be able to enter again that month.

I am currently signed to a label. Am I allowed to enter?

In a word: No. We are looking for undiscovered talent – an amateur with potential that we can support all the way to the top!

Do I need to read the Official Contest Rules / Terms and Conditions? Where do I find them?

Yes. You MUST read and understand the Official Contest Rules + Terms and Conditions + Privacy Policy before you enter the competition. These documents are located on this page in the tabs above.

If you have any further questions that have not been answered above, please send us an email via the Contact Us page.


Terms of Use Agreement

Welcome to Made In London (the “Website“), which is operated by Blackburn Radio Inc. and/or its affiliated companies (“Blackburn“). The Website is designed as a central platform to showcase emerging artists, their fans and CKLOFM “Classic Rock, Free 98-1”). The Website allows registered Members, as defined below, to create unique online personal profiles (a “Profile“) to submit their music for other Members to comment on. The services, features, content and applications offered on the Website are collectively referred to as the “Services“).

1. ACCEPTANCE OF TERMS OF USE

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE (the “Terms of Use“), which constitute an agreement between you and Blackburn setting forth the legally binding terms governing your use of the Website. “Use” of the Website refers to any activity by either a Visitor (someone who is just browsing the Website) or a Member (someone who has registered on the Website, and thereby set up an “Account“). A “User” or “you” is either a Visitor or a Member. By using the Website, you are indicating your acceptance to be bound by the Terms of Use. If you do not accept any term or condition found in these Terms of Use, do not access or use the Website. Blackburn may revise these Terms of Use at any time by updating this posting. Any changes to the Terms of Use will be effective as of the date such revisions are posted on the Website. Use of the Website after such changes are posted will signify your agreement to the revised terms. You should visit this page periodically to review the Terms of Use.

2. ELIGIBLITY

Use of the Website is void where prohibited. You may not use this Website if you are under the age of 13, and may only use the Website with the consent of your parent and/or legal guardian if you are between the ages of 13 and 18 years of age. By using the Services, you represent and warrant that (i) you are 13 years of age or older and, if you are under the age of 19, you have obtained the consent of your parent or legal guardian to use the Website, and (ii) your use of the Services does not violate any applicable law or regulation.

3. REGISTRATION

In becoming a Member, creating a Profile, or using certain Services, you may be required to register with the Website and create an Account. In so doing, you represent and warrant (i) that all registration information you may submit is truthful and accurate, and (ii) that you will maintain the accuracy of such information. The use by Blackburn of any personally identifying information provided in connection with registration is governed by the accompanying Privacy Policy.

4. POSTING CONTENT

You will be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content to the Site (“Submitted Content“). You understand and acknowledge that Submitted Content is solely your responsibility, and that the posting of Submitted Content is subject to these Terms of Use, the following terms (“Submission Rules“), and any additional terms posted in connection with a specific Service, where applicable:

  1. No illegal, infringing or abusive messages. You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive of any person or group, that promotes, hate, racism, bigotry, physical harm of any kind against any person or group, could be harmful to minors, that is pornographic, violent, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or that is otherwise objectionable or inappropriate as determined by Blackburn in its sole discretion.
  2. No Violations of Third Party Rights. You agree not to post any Submitted Content that is not original, created by you, or that will otherwise violate or infringe the rights of others. You may not post Submitted Content that constitutes an invasion of privacy or publicity rights, that is protected by any intellectual property rights other than your own, including, without limitation, copyright, patent, trade secret, trade-mark or other rights herein, or derivative work with respect thereto, without first obtaining permission from the rights holder.
  3. No Commercial Use. The Website is for the personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Blackburn. You are not permitted to make use of the Website to collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of your Account. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
  4. No Viruses, Corrupting Files or Interference. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Blackburn or as embedded in the Submitted Content unless expressly authorized in writing by Blackburn.
  5. Use of Password/Account Information. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You may not share or transfer a password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password, and will inform Blackburn immediately if you suspect any unauthorized use of your account.
  6. No SPAM. You will not post or transmit any junk mail, chain letters, unsolicited mass mailing or spam in or through the Website.

5. MONITORING/REMOVAL OF SUBMITTED CONTENT

Blackburn has the right, but not the obligation, to monitor the content of the Website, including the Submitted Content, to determine compliance with these Terms of Use and any operating rules established by Blackburn, and to satisfy any law, regulation, court or authorized government request. Blackburn shall have the right, in its sole discretion, to edit, refuse to post or remove any Submitted Content without a User’s permission, which, in Blackburn’ sole discretion, violates these Terms of Use. Blackburn assumes no responsibility or liability any material posted in contravention of this provision.

6. PROPRIETARY RIGHTS IN SUBMITTED CONTENT

Submitted Content remains the property of the User who posted the Submitted Content, and is only used by Blackburn under license, or made permissible under other applicable law. After posting Submitted Content, you continue to retain all ownership rights in the Submitted Content and to have the right to use the Submitted Content in any manner you may choose. By displaying or publishing (“posting“) Submitted Content on or through the Website, the User grants to Blackburn a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display the Submitted Content for any purpose, and to (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights. This license includes the right to host, index, cache, distribute, and tag any Submitted Content. In addition, you hereby (i) agree to waive all moral rights in and any Submitted Content in favour of Blackburn, and (ii) consent to your name and email address appearing as the contributor of any Submitted Content, where applicable, and to the disclosure and/or display of such information and any other information that appears in or is associated with Submitted Content. Without obtaining this license from you, Blackburn would not be able to provide the Services. For example, without the right to modify Submitted Content, Blackburn would not be able to the Website’s technical requirements. And, without the right to sublicense the rights granted to third parties, Blackburn would not be able to make Submitted Content available to its affiliated companies for radio broadcast.

7. REPRESENTATIONS AND WARRANTIES OF USER

You represent and warrant that (i) you own the Submitted Content posted by you on or through the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of the Submitted Content by you on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

8. INDEMNIFICATION BY USER

You agree to defend, indemnify, and hold Blackburn, its affiliated companies and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use the Website or the Submitted Content, including without limitation your violation of any representation or warranty, or other term or condition of these Terms of Use. Blackburn reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. PROPRIETARY RIGHTS IN WEBSITE CONTENT

As between Blackburn and a User, any content posted on this Website, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing, other than the Submitted Content (the “Blackburn Content“), is the property of Blackburn and/or its licensors, or the party accredited as the owner of any such content, and is protected under Canadian and foreign copyright, or other, laws. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in, or associated with, the Blackburn Content on this Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Blackburn Content or any Submitted Content (other than your own). Any breach of this provision is prohibited without the express written consent of Blackburn.

10. SOFTWARE LICENSES AND OWNERSHIP

All software embedded in or located on the Website, including, without limitation, all computer code of all types, all files and/or images contained in or generated by such software (the “Software“) is protected by copyright and may be protected by other rights. As between the User and Blackburn, Blackburn shall own all rights in and to the Software. You are granted the right to use the Software subject to (i) the terms and conditions of these Terms of Use, and (ii) any additional conditions that may be imposed on your access and use, as the case may be. If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the term of these Term of Use and (ii) to any other terms and conditions that may apply, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use, and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part, (ii) sell, rent, lease, license transfer or otherwise provide access to the Software, (iii) alter, remove or cover any trade-marks or proprietary notices included in the Software, and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so. Nothing contained in the Website shall be construed as granting you any right, title, interest or any other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, without limitation, any intellectual property rights in the Software. All Software is provided AS IS, without warranties of any kind, either express or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or if fit for any particular purpose, (ii) that the Software will conform with any specifications relating to the Software, (iii) that the Software will be free from material defects, (iv) that the Software contains no computer viruses or other contaminants, or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

11. REPORTING BREACHES OF TERMS OF USE

If you become aware of a violation of any provision of these Terms of Use by any person, please click on the Report Inappropriate Content link at the bottom of the Website. If you are a trade-mark or copyright owner and you believe that your intellectual rights have been violated, or if you believe that any Submitted Content includes infringing material, please go to our Report Copyright Concern link on the Contact Us page. While Blackburn is under no obligation to investigate complaint regarding any Submitted Content, it may, in its sole discretion investigate complaints and take any action it deems appropriate in the circumstances, including, without limitation, removing the Submitted Content in question from the Website and terminating any Member’s account or User’s access, as deemed appropriate.

12. TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Services. An Account may be terminated at any time, for any reason, by following the instructions on the Member’s “Profile” page. Blackburn may, at any time, and without notice, terminate your right to access or use the Website (or any portion thereof) if, in Blackburn’ sole discretion, you have breached any of the Terms and Use or provision of the accompanying Privacy Policy. Blackburn assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access a User’s access to the Website.

13. DISCLAIMER OF WARRANTIES

This Website and all of its content is provided AS IS. By using the Website, you acknowledge and agree that use of the website and the content is entirely at your own risk. Blackburn makes no representations or warranties regarding the website and the content, including, without limitation, any representation or warranty (i) that the Website contains accurate, complete, reliable information that is suitable or timely, (ii) that any content, including any information, data, software, product or service contained in or make available through the Website will be uninterrupted or merchantable or fit for a particular purpose, iii) that the operation of the Website will be uninterrupted or error free, iv) that defects or errors in the Website will be corrected, v) that the Website will be free from viruses or harmful components, and vi) that communications to or from the Website will be secure or not intercepted.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BLACKBURN OR ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF BLACKBURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. THIRD PARTY WEBSITES

The Website contains links to websites operated by third parties (the “Third Party Sites“). Links to Third Party Sites are provided solely as a convenience to you, and do not reflect any endorsement by Blackburn of the contents of any Third Party Site. Blackburn is not responsible for the content of any Third Party Site, nor does it make any representation or warranty of any kind regarding any Third Party Site, including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any Third Party Site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through a Third Party Site; or (iii) any representation or warranty that the operation of the Third Party Site will be uninterrupted or error free, that defects or errors in such Third Party Sites will be corrected or that Third Party Sites are and will be free from viruses or other harmful components. While Blackburn encourages links to Third Party Sites, it does not wish to be linked to or from any Third Party Site that (i) contains, posts or transmits any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Blackburn or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Blackburn reserves the right to prohibit or refuse to accept any link to any website that contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the any such website upon the request by Blackburn.

16. GOVERNING LAW AND JURISDICTION

This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Website shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

17. GENERAL

Any consent by Blackburn to, or waiver of, a breach of these Terms of Use that you have committed, whether express or implied, shall not constitute consent to, or waiver of, any other different or subsequent breach. You may not assign or transfer these Terms of Use or any right or obligation hereunder. If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force. These Terms of Use are not intended to create a partnership, joint venture or agency relationship between the parties. Except for any agreements with Blackburn that expressly reference these Terms of Use, this is the entire agreement between you and Blackburn relating to the matters contained herein.

© Blackburn Radio Inc., 2014. All rights reserved.


This Privacy Policy (the “Policy“) describes the information collection and use procedures at this website, located at covers.981freefm.ca (“Website“) operated by Blackburn Radio Inc. and/or its affiliated companies (“Blackburn“). The Website allows registered Members, as defined below, to create unique online personal profiles (a “Profile“) to submit their music for other Members to comment on. The services, features, content and applications offered on the Website are collectively referred to as the “Services“. To enrich our Members’ experience, we request and display some personal information to other Members, which allows users to identify each other and expand their network of friends. Members can change their Profile information at any time and can control how other Members and the Website communicates with them.

1. ACCEPTANCE OF PRIVACY POLICY

IT IS IMPORTANT THAT YOU READ THESE THIS POLICY, which describes the information collection and use practices of this Website. The Policy supplements the Terms of Use, which you must also read. “Use” of the Website refers to any activity by either a Visitor (someone who is just browsing the Website) or a Member (someone who has registered on the Website, and thereby set up an “Account“). A “User” or “you” is either a Visitor or a Member. By using the Website, you are indicating your acceptance to be bound by the terms of this Policy. If you do not accept any term or condition found in this Policy, do not use the Website. Blackburn may revise this Policy at any time by updating this posting. Any changes to the Policy will be effective as of the date such revisions are posted on the Website. Use of the Website after such changes are posted will signify your agreement to the revised terms. You should visit this page periodically to review the Policy. You may obtain a copy of this Policy by request on our Contact Us page.

2. WHAT INFORMATION IS COLLECTED AND WHY

i) PERSONALLY IDENTIFIABLE INFORMATION

Blackburn collects personally identifiable information such as name, email address, and birth date to authenticate Users and to send notifications to those Users relating to the appropriate Service. Blackburn collects other personally identifiable information from a Profile, including but not limited to, gender, age and address, in order to assist Members in finding and communicating with each other. Members’ photographs and names are displayed in order to facilitate interaction in the Website’s social networking community. Email addresses are also used to send notifications regarding the Services. Otherwise, a Member’s email address is not shared or displayed to people within a user’s personal network. Users within a personal network communicate on the Website with each other through the Website, without disclosing their email addresses. A Member’s full name is never directly revealed to other Members unless the explicitly choose to in their Profile settings. A Member’s email address may be used to send updates, a newsletter or news regarding a particular Service. Members may choose not to receive email of this type by un-checking the appropriate box on the Member’s “Profile” page.

ii) NON-PERSONALLY IDENTIFIABLE INFORMATION

Blackburn also collects non-personally identifiable information including IP address, Profile information, aggregate user data, and browser type, from Users. Non personally-identifiable information is used to manage the Website, track usage and improve the Services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to Users. User IP addresses are recorded for security and monitoring purposes. From time to time, Blackburn or a Website sponsor (a “Third Party“) may undertake a promotion or contest on the Website. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. That information will be transferred to a Third Party only for the purpose of administering the promotion or contest, or if the User has explicitly requested that it be transferred for the purpose of receiving information directly from the Third Party. It will be clear at the point of collection who is collecting the personal information and whose privacy policy will apply.

3. LINKS

This Policy only governs information collected on the Website. The Website contains links to other websites, although Blackburn is not responsible for the privacy policies and/or practices on those websites. When linking to another website, make sure to read the privacy policies on that website.

4. BLOGS, MESSAGE BOARDS AND PUBLIC FORUMS

Please be aware that whenever you voluntarily post information to a blog, message board or in a public form, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

5. CORRECTING/UPDATING OR REMOVING INFORMATION

Members may modify or remove any of their personal information at any time by logging into their account “Profile”.

6. EMAIL CHOICE/OPT-OUT

Members who no longer wish to receive updates or notification emails may choose not to by un-checking the appropriate box under Member’s “Profile” page. All notification emails and newsletters also include the above instructions for opting-out of those communications in the future.

7. USE OF COOKIES

Blackburn uses “cookies” to store Users’ preferences and to record session information, to ensure that Users are not repeatedly offered the same advertisements, and to customize newsletter, advertising, and Website content based on browser type and Profile information. No personally identifiable information is stored within the cookies, and Blackburn does not link the information stored in cookies to any personally identifiable information you submit while on the Website. You may be able to configure your browser to accept or reject all or some cookies, or to notify you when a cookie is set. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from the Website in order to use many of the Services offered on the Website.

8. PRIVACY OF MINORS

The Website is intended for an adult audience, and those under the age of 13 are not eligible to become a Member or to use any Service that requires the disclosure of personal information. Those between the ages of 13 and 18 may use the Website and all its Services only with the prior verifiable consent of his or her parent or legal guardian.

9. TERM AND TERMINATION

This Policy shall remain in full force and effect while you use the Services. Blackburn may, at any time, and without notice, terminate your right to use the Website (or any portion thereof) if, in Blackburn’ sole discretion, you have breached any provision of this Policy or the accompanying Terms of Use. Blackburn assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access a User’s access to the Website.

10. CONTACT US

If you have any concerns about this Policy or the privacy practices on this Website, please email us at [email protected] or write to us at Privacy, Blackburn Radio Inc., 700 Richmond Street – Unit 101, London, Ontario N6A 5C7. Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.

© Blackburn Radio Inc., 2011. All rights reserved.

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