Hip Hop Valley Promotion Terms & Conditions

In order, to participate in Hip Hop Valley’s promotion (the “HHV”) from Creemore Springs Brewing Ltd. (the “Sponsor”), I have read, understand, and agree to the following Terms and Conditions set out below:

1. ELIGIBILITY: This HHV’s promotion is only valid for a limited time to legal residents of Canada who are of legal drinking age in their province of residence, including any band member(s) who may also be associated with the Submission. This HHV promotion is only available from July 15, 2024 until August 29^th, 2024 (the “Submission Period”). All Submissions must be received by August 29^th, 2024 (the “Close Date”). 

2. HOW TO PARTICIPATE: To participate in the HHV promotion, a participant must either have: (i) a valid Instagram account if participating through Instagram; or (ii) a valid email account. Visit www.hiphopvalley.ca (the “HHV Website”) and follow the on-screen instructions by uploading a maximum of 3 mins in length an original recording of yourself (the “Artist”) or of your band/group (the “Band”) remixing a verse; and (iii)  complete the online registration form in full and submit the submission (the “Submission”). If submitting via Instagram, you must also follow the same on-screen Submission instructions as stated hereinabove and you must also tag your Submission to @hopvalleycanada and #hiphopvalley. All fields on the Submission form must be completed unless they are otherwise indicated as optional. Limit: one (1) Submission per person per day, regardless of method of Submission. Sponsor will not be responsible for illegible, incomplete, lost, errors, misdirected, technical failures or late Submissions, all of which will be void. All Submissions submitted via Instagram or on www.hiphopvalley.ca will not be returned to participant. 

 

Each Submission must only be submitted by the participant themselves. Submissions that do not comply with these Terms and Conditions or that contain prohibited, or inappropriate content such as defamatory, trade libelous, pornographic or obscene, and further that they will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour, or conduct; infringe upon any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Terms and Conditions; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion. Any Submission deemed by the Sponsor to be in violation of the above prohibitions or is otherwise inappropriate, will be voided. In addition, participants may be required to provide Sponsor with confirmation of consent and permission from his/her band member(s) to use his/her image, name, voice and/or likeness. In the event, that any such confirmation and/or consent cannot be obtained; the Submission will be voided.   

 

3. LICENCE (ASSIGNMENT OF WORK AND WAIVER OF MORAL RIGHTS): By participating in this HHV promotion and submitting a Submission, you hereby: (i) grant to the Sponsor, A ROYALTY-FREE IN PERPETUITY, A NON-EXCLUSIVE LICENSE to publish, display, reproduce, modify, edit or otherwise use the Submission (and each component thereof), in whole or in part, associated with his/her Submission for advertising or promoting the HHV promotion or for any other reason; (ii) waives all moral rights in and to the Submission (and each component thereof) associated with his/her Submission in favour of the Sponsor (and anyone authorized by the Sponsor to use the Submission; and (iii) agrees to release and hold harmless the Released Parties, as defined hereinafter  from and against any and all claims, damages, liabilities, costs, and expenses arising from use of the Submission (and each component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.  

 

4. SUBMISSION VERIFICATION: Sponsor reserves the right at any time and for any reason to verify the validity of all Submissions, including the right to require proof of name and age (if necessary), and may refuse acceptance of any Submissions where it suspects fraudulent Submissions may have occurred. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in the Submission being voided.  Any attempt to use an Instagram or email account which is reproduced, altered, mutilated, tampered with, forged from its original state or not legitimately obtained or is not submitted in accordance with these Terms and Conditions will be void. Any other use constitutes fraud.

 

5. JUDGING CRITERIA FOR TRACK SELECTION: Beginning on July 18, 2024 and continuing each week thereinafter until August 29, 2024, at the discretion of Sponsor up to fifty (50) submissions may be selected from among all Submissions received each week. Kardinal Offishall and a panel of judges selected by Sponsor (the “Judges”) will review each eligible Submission weekly. Each Submission will be given a score out of 10 (the “Score”) using the judging criteria below ("Judging Criteria"). The Judging Criteria will be based on the following components: (i) potential for integration into the final Hip Hop Valley Track-For-All; (ii) general impression of the song and artist / band perspective; (iii) quality of music and lyric composition; and (v) vocal performance. Based on a Submission’s Score the Judges will, in their sole discretion, determine and select which Submissions will move to the final round (“Final Round”). On August 31, 2024, all Submissions that have made it to the Final Round will be reviewed again by the Judges based on the same Judging Criteria as described hereinabove to determine which Submissions will be featured and showcased in the final remix of the Hip Hop Valley Track-For-All with Kardinal Offishall. The decision as to whether or not to actually produce the Submission (and, if produced, the nature and substance of such Submission) is at Sponsor’s sole discretion.

 

For the avoidance of any doubt, there is no obligation whatsoever on the Sponsor or any other entity to use or produce the Submission.  Even if the Submission is produced, there is no obligation whatsoever on the Sponsor or any other entity to use the Submission. All decisions of the Sponsor in these regards shall be considered final and binding without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE DISCRETION OF THE SPONSOR AT ANY TIME. 

 

6. SELECTED PARTICIPANTS NOTIFICATION: The Sponsor or its designated representative will make an attempt to contact the selected participants associated with the eligible Submission using the information provided on the Submission form at time of Submission.  If a selected participant: (i) cannot be contacted within two (2) business days of the first attempted notification; (ii) if there is a return of any notification as undeliverable; or (iii) fails to execute to Sponsor an Assignment of Copyright and Waiver of Moral Rights  within the time period indicated on such forms (as applicable) then such participant’s Submission may, in the sole discretion of the Sponsor, be disqualified and the Sponsor reserves the right, in its sole discretion and time permitting, to select an alternate eligible Submission.

 

7. RELEASES: By participating in this HHV promotion, you hereby fully discharge and forever releases Sponsor, its advertising and promotional agencies, the provincial liquor authorities, beer distribution companies, parent companies and affiliates of the foregoing and all of their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively, the “Releasees”), from or in respect of, any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which I or my heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Releasees in connection with this HHV promotion, notwithstanding that such claim, demand, loss, damage, action or cause of action may have been contributed to or occasioned by the negligence or gross negligence of any of the Releasees.

 

8. RIGHT TO TERMINATE OR AMEND: Sponsor reserves the right to amend, suspend or terminate this HHV promotion at any time and without prior notice if any factor interferes with its proper conduct as contemplated by these Terms and Conditions.

 

9. PERSONAL CONSENT: By participating and submitting your Submission, you consent to the collection, use and disclosure of your personal information (“Personal Information”) for the purposes of administering the Submission including, but not limited, for the purposes of receiving one or more messages, whether electronic or not, from the Sponsor or its designated representative(s), which may provide participants with information regarding the HHV promotion or otherwise further the administration of the promotion. The participant will be deemed to have solicited these messages from the Sponsor by virtue of participation. This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. 

 

10. GENERAL CONDITIONS: This HHV promotion is subject to all applicable federal, provincial and municipal laws. The Released Parties will not be liable for: (i) any failure of any website or any platform during the HHV promotion; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Submissions, or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the promotion; and (v) anyone being incorrectly and/or mistakenly identified as a participant.

In the event of any discrepancy or inconsistency between the English Terms and Conditions and disclosures or other statements contained in any HHV promotion related materials, the English Terms and Conditions shall prevail, govern and control to the fullest extent permitted by applicable law.

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event, that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the promotion will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this HHV promotion.