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Rules & Regulations

OFFICIAL RULES AND REGULATIONS

Toronto Transit Commission “Underground Sounds” Contest The Toronto Transit Commission (TTC) wishes to acknowledge and thank you for your interest in auditioning as a Subway Musician under the TTC Underground Sounds Program.

The Toronto Transit Commission “Underground Sounds” contest (the “Contest”) is held by the Toronto Transit Commission (“TTC”) and is organized and administered by Universal Music Canada Inc. (“UMC”) and its subsidiaries (the “Contest Organizer”) and is in no way sponsored, endorsed, administered by, or associated with YouTube.

The Contest commences on April 9th, 2018. The Audition Period begins on April 9th, 2018 and ends on May 6th, 2018. The Voting Period begins on May 7th, 2018 and ends on June 3rd, 2018. The Final Live Audition Event will take place on an underdetermined date following the Voting Period.

For the purposes of these Official Rules and Regulations all times and dates refer to Eastern Standard Time (“EST”).

Participation in the Contest constitutes full and unconditional agreement and acceptance of these Official Rules and Regulations (“the Contest Rules”), which are binding on all matters relating to the contest.

AUDITION PERIOD

1. ELIGIBILITY

1.1

The audition period begins on Monday April 9th, 2018 and closes at 11:59:59 p.m. EST on Sunday May 6th, 2018 (“the Audition Period”) (collectively, the “Contest Period”).

1.2

This Contest is open to legal residents of the Greater Toronto Area who are 18 years of age or older. Notwithstanding the foregoing, the Contest is not open to: employees (and their immediate families and those with whom they are domiciled) of UMC, TTC, TTC’s authorized retailers (including sole proprietorships and corporation partnerships), the Toronto Transit Commission, and each of their respective subsidiaries, affiliates, directors, officers, governors, gents, their advertising and promotional agencies. Immediate family includes the husband, wife, son, daughter, brother, sister, mother, or father of an individual.

2. PRIZES AND CHANCES OF WINNING:

2.1

There are three categories of prizes available to be won: (a) one (1) Grand Prize, as outlined in Rule 11.1 below; (b) nine (9) secondary prizes, as outlined in Rule 11.2 below (each a “Secondary Prize” and collectively the “Secondary Prizes”); and (c) seventy-nine (79) tertiary prizes, as outlined in Rule 11.3 below (each a “Tertiary Prize” and collectively the “Tertiary Prizes”). The odds of winning a Grand Prize, Secondary Prize or Tertiary Prize depend on the total number of all entries and total number of votes received during the Voting Period.

3. HOW TO ENTER:

3.1

Entrants will be prompted to create a profile on www.undergroundsounds.ca by providing the below information:

  • • First Name
  • • Last Name
  • • Date of Birth
  • • Email Address
  • • Mailing Address
  • • Phone Number
  • • Single or Duo Act
  • • Instrumentation

3.2

Entrants are required to perform, film and submit one (1) video to receive one (1) entry into the contest for a maximum of one (1) entry.

3.3

The total audition submission video should not exceed five (5) minutes.

3.4

Entrants must perform a sampling of a minimum of three (3) songs. The total sample should not exceed five (5) minutes. Contestants are encouraged to make the most of their chosen instrumentation and perform as they would in the subway environment.

3.5

Entrants are allowed to perform any song. Cover songs will be permitted, provided entrants do not change the lyrics.

3.6

Entrants are allowed to perform only as single or duo acts.

4. ONLINE AUDITION SUBMISSION

4.1

Entrants will be able to register a profile on the Underground Sounds microsite and submit one (1) audition video for consideration between Monday April 9th, 2018 and Sunday May 6th, 2018.

4.2

Entrants will be required to register with social media platforms such as Facebook, Twitter, Instagram, Google/Youtube or Email.

4.3

Entrants must upload their audition video to Youtube

4.4

The total submission video should not exceed five (5) minutes

4.5

Entry is complete when one (1) YouTube video link is submitted to the Underground Sounds website. Entrants will receive an email notification to the email account provided confirming a successful video submission.

4.6

If you do not know how to submit via YouTube, or you do not have a YouTube Account, please refer to our Frequently Asked Questions. Entrants acknowledge that the Contest Organizer does not control the Online Audition procedure via social media (YouTube) and if a participant encounters difficulty in entering via social media, participant will have the sole alternative of entering the Contest through Live Audition.

5. LIVE AUDITION SUBMISSION

5.1

Entrants will be able to register a profile on the Underground Sounds microsite and sign up for one (1) Live Audition time slot to take place on April 18, 2018 from 11:00AM to 8:00PM or April 19, 2018 from 11:00AM to 5:00PM.

5.2

A maximum of forty-one (41) time slots will be available for Live Auditions, available on a first come first serve basis until 11:59:59 PM on April 15th, 2018. Entrants will receive an email notification to the email account provided confirming their exact Live Audition date, location and time no later than April 16th, 2018.

5.3

Time slots are non-negotiable. If a participant cancels their Live Audition, the slot will be given to the next available candidate.

5.4

Each time slot will last the duration of twenty (20) minutes, whereby the entrant must perform a sampling of a minimum of three (3) songs. The total sample should not exceed five (5) minutes for video capture.

5.5

During the Live Auditions, representatives from Shed Creative Agency, a division of Universal Music Canada (”Shed”), will be on-site to facilitate the following Audition procedures:

  • • Capture and store Audition footage for each performer
  • • Register entrants for a Google/Youtube account
  • • Upload Audition footage to Google/Youtube account
  • • Submit Audition Video link to Underground Sounds microsite

5.6

Following the successful submission of your Audition Video to the Underground Sounds microsite, representatives from Shed will provide entrants with a material document that outlines their Underground Sounds registration information and link to the Audition Video on Youtube, should the entrant wish to access and monitor their submission following their Live Audition.

6. AUDITION VIDEO RE-SUBMISSION:

Entrants will be able to cancel their entry and re-upload their audition submission prior to 11:59:59 PM on May 6th, 2018, to count as maximum one (1) entry to be allowed for consideration.

7. INSTRUMENTATION

7.1

Accepted hand held instruments include but are not limited to violins, Chinese flutes (erhu) guitars, acoustic guitars, classical guitars, 8 string guitars, steel-string guitars, banjos, slide guitar, bass, harmonica, tambourine, maracas, cello, bassoon, theremin, flutes (zampona, panflutes, dizi), Kantele, keyboards, harp, mandolin, penny whistle, recorders, steel pan, steel drum, fiddle, tuba, ukulele, kalimba (thumb piano), Saxophone, clarinet, accordion, dulcimer, didgeridoo.

7.2

Unaccepted instruments include but are not limited to conga drums, djembe drums, trumpets, or any instrument with excessive sound. The Contest Organizer reserves the right to moderate and/or disqualify audition video submissions if their instrumentation is deemed unsuitable to the subway environment. For example, certain electric/bass guitars and percussion instruments are not suitable to the subway environment.

7.3

For all Auditions, applicants shall not use or permit the use of any background music, or accompaniment playing from a tape recorder, compact disc player, MP3 player, or keyboard or any electrical equipment, including but not limited to microphones, reverberation units, delay loops and effects pedals, stomp or multi-effects boxes, strobe lights and spot lights. Applicants will be required to specify their chosen instrumentation on the sign-up form on www.undergroundsounds.ca

7.4

Portable battery-operated amplifiers will be allowed if deemed appropriate. If you are considering the use of an amplifier, please include this in your Live Audition sign-up form on www.undergroundsounds.ca

VOTING PERIOD

8. ELIGIBILITY

8.1

The voting period begins on Monday May 7th, 2018 and closes at 11:59:59 p.m. EST on Sunday June 3rd, 2018 (“the Voting Period”) (collectively, the “Contest Period”).

8.2

Each voter will be required to register on the Underground Sounds website in order to cast votes during the Voting Period.

8.3

Each voter will receive one (1) vote per one (1) Audition Submission Video, per 24 hours until 11:59:59PM on Sunday June 3rd, 2018.

8.4

Voters are allowed to vote for their own Audition Video

9. VOTER PRIZING

9.1

There is a total of five (5) TTC Prize Packs available to be won during the Voting Period.

9.2

The TTC Prize Pack consists of five (5) below prizes:

  • • Choice of two (2) t-shirts from ttcshop.ca (pending availability)
  • • One (1) New Stations Shopping Tote
  • • One (1) TTC Subway USB Flash Drive
  • • One (1) System Map Puzzle
  • • One (1) Stations Beach Towel
  • • One (1) TTC Tyvek Wallet
  • • One (1) TTC Pencils Pack

9.3

Approximate retail value of each TTC Prize Pack is one-hundred and twenty-five dollars ($125.00 CDN).

10. TTC PRIZE PACK SELECTION

The TTC Prize Pack Winner will be selected by Shed Creative Agency. Voters will be selected by random once the voting period is complete. Each vote will represent one (1) entry. Shed Creative Agency will contact Winners via email as provided upon sign-up on the website. In all cases, Contest Organizer and / or TTC reserve the right to request proof from the TTC Prize Pack Winner of their respective identity, age and residency, as applicable.

MAIN PRIZING

11. There are a total of eighty-nine (89) prizes available to be won:

11. 1 GRAND PRIZE

There is a total of one (1) Grand Prize available to be won in this Contest. The Grand Prize consists of the following (the “Grand Prize”) awarded to the winner (the “Winner”):

  • • One (1) Subway Musician License to play in the TTC Subway System.
  • • Grand Prize Winner must attend an information session, during which they must pick up the Subway Musicians License Agreement. The winners will be notified by email as to the date, time, and location of the information session.
  • • Grand Prize Winner will be required to pay a standard License Fee of $197.75 (which includes HST) per musician for the three (3) year license period, from October 8, 2018 to October 7, 2021. The License Fee covers TTC expenses (auditions, administration, etc).
  • • Grand Prize Winner must sign the TTC Subway Musician License Agreement.
  • • Grand Prize Winner must obtain Subway Musician Photo Identification
  • • The Winner will have the opportunity to enter into a recording contract (the “Recording Contract”) worth up to seven-thousand and five-hundred dollars ($7500.00 CDN), with UNIVERSAL MUSIC CANADA (“Universal Music Canada”) that will provide for, among other things, the following:
  • The Winner will perform for the recording of a master recording (the “Master”) of Winner’s featured performance of one (1) musical composition to be mutually selected by Winner and Universal Music Canada (the “Composition”). The recording of the Master will take place on a mutually approved date and time, at Universal Music Canada offices, located at 2450 Victoria Park Ave, Toronto Ontario, Canada, M2J 5H3, or at a location determined at the discretion of Universal Music Canada. Winner is responsible for winner’s travel expenses to studio location. Universal Music Canada will designate the individual producer of the Master. Universal Music Canada will be responsible for the recording costs incurred in connection with the recording of the Master, to the extent those costs do not exceed a written budget approved by Universal Music Canada prior to the commencement of recording. Nothing herein will authorize the Winner to incur any costs of any nature for which U Universal Music Canada will be responsible. If Universal Music Canada deems it necessary, based on any collective bargaining agreements between it and any unions having jurisdiction over the recording (the “Unions”), Winner agrees to become a member in good standing of such Unions prior to the commencement of recording.
  • Universal Music Canada will be the owner of all rights in and to the Master. Universal Music Canada and TTC will have the right to use Winner’s name, likeness and biographical material in connection with the promotion and exploitation of the Master.
  • The Master will be subject to Universal Music Canada’s approval as being commercially acceptable for exploitation in the marketplace. Subject to the timely deliver to Universal Music Canada of an acceptable Master: Universal Music Canada will release the Master as a digital release through Apple Music for a minimum of six (6) months, after which Universal Music Canada reserves the right to release the song onto all digital platforms and physical distribution. The Master will receive placement on the official Tracks on Tracks playlist for a minimum of four (4) weeks, after which Universal Music Canada reserves the right to remove.
  • In the event (and to the extent) the Composition is written, owned or controlled by Winner (a “Controlled Composition”) the Recording Contract will also provide for Winner to assign to Universal Music Canada ownership of the Controlled Composition in consideration of Universal Music Canada’s agreement to pay customary royalties to Winner with regard to its exploitation.
  • The Recording Contract will also grant to Universal Music Canada the first opportunity to sign Winner as an exclusive recording artist and as an exclusive songwriter, each for a term to be specified in the Recording Contract.

11.2 SECONDARY PRIZE

There are a total of nine (9) Secondary Prizes available to be won in this Contest.

Each Secondary Prize consists of:

  • • One (1) Subway Musician License to play in the TTC Subway System.
  • • One (1) dedicated time-slot at the Final Live Audition Event where Selected Winners will perform their Audition Submission Song for a live audience and panel of judges including Artist & Repertoire representatives from Universal Music Canada and one (1) representative from the Toronto Transit Commission.
  • • Selected winners will be notified by phone or email as to the date, time and location of the Final Live Audition Event.
  • • The song performed at the Final Live Audition Event must be the same song used in the Selected Applicant’s contest entry on www.undergroundsounds.ca submitted during the Audition Period.
  • • Secondary Prize Winners must attend an information session, during which they must pick up the Subway Musicians License Agreement. The winners will be notified by email as to the date, time, and location of the information session.
  • • Secondary Prize Winners will be required to pay a standard License Fee of $197.75 (which includes HST) per musician for the three (3) year license period, from October 8, 2018 to October 7, 2021 The License Fee covers TTC expenses (auditions, administration, etc.).
  • • Secondary Prize Winners must sign the TTC Subway Musician License Agreement.
  • • Secondary Prize Winners must obtain Subway Musician Photo Identification.

11.3 TERTIARY PRIZE

There are a total of eighty (80) Tertiary Prizes available to be won in this Contest.

Each Tertiary Prize consists of:

  • • One (1) Subway Musician License to play in the TTC Subway System.
  • • Tertiary Prize Winners must attend an information session, during which they must pick up the Subway Musicians License Agreement. The winners will be notified by email as to the date, time, and location of the information session.
  • • Tertiary Prize Winners will be required to pay a standard License Fee of $197.75 (which includes HST) per musician for the three (3) year license period, from October 8, 2018 to October 7, 2021. The License Fee covers TTC expenses (auditions, administration, etc.).
  • • Tertiary Prize Winners must sign the TTC Subway Musician License Agreement.
  • • Tertiary Prize Winners must pick up Subway Musician Photo Identification.

JUDGING AND SELECTION PROCESS

12. GRAND PRIZE JUDGING

12.1

The Grand Prize Winner will be selected by a panel of three (3) judges from Universal Music Canada’s Artist and Repertoire division and one (1) judge from the Toronto Transit Commission, in combination with the number of public votes received during the Voting Period. Performers at the Live Audition Event, (date and location to be determined), will have received the top ten (10) most number of public votes and judges scores during the Contest Period.

12.2

Performers will be judged according to the performance requirements of the TTC Underground Sounds program, which will include musical talent, entertainment value, and stage presence (sample Judge’s Scoring available here).

12.3

TTC reserves the right to reject applications of persons who have violated TTC By-Law #1. If the applicant is selected for the Final Live Audition Event, any and all charges under TTC By-Law #1 will be counted as infractions and five (5) points per charge will be deduced from the final score as awarded by the Universal Music Canada and TTC Judges at the Final Audition Event.

13. SECONDARY PRIZE SELECTION

13.1

A total of nine (9) Secondary Prize Winners will be reviewed and selected by a panel of three (3) judges from Universal Music Canada’s Artist and Repertoire division and one (1) judge from the Toronto Transit Commission, in combination with the number of public votes received during the Voting Period.

13.2

Secondary Prize Winners will be selected between Monday June 4th, 2018. and Monday June 18th, 2018.

13.3

Secondary Prize Winners will be selected according to the average number of votes received and points awarded from the panel of judges. Video Audition Submissions from the top nine (9) Secondary Prize winners will have received the most number of votes from the public and the most number of points from the judges.

13.4

Eligible Secondary Prize Winners will be notified either by telephone or email at such telephone number/email address as provided on the Contest entry form.

14. TERTIARY PRIZE SELECTION

14.1

A total of seventy-nine (79) Tertiary Prize Winners will be reviewed and selected by a panel of three (3) judges from Universal Music Canada’s Artist and Repertoire division and one (1) judge from the Toronto Transit Commission, in combination with the number of public votes received during the Voting Period.

14.2

Tertiary Prize Winners will be selected between Monday June 4th, 2018 and Monday June 18th, 2018.

14.3

Tertiary Prize Winners will be selected according to the average number of votes received and points awarded from the panel of judges. Video Audition Submissions from the top seventy-nine (79) Tertiary Prize Winners will have received the top seventy-nine (79) most number of votes from the public and the most number of points from the judges.

14.4

Eligible Tertiary Prize Winners will be notified either by telephone or email at such telephone number/email address as provided on the Contest entry form.

15. INDEMNIFICATION

Any personal information collected by TTC and/or the Contest Organizer is intended to be used for the following principal purposes: to conduct and administer the contest by TTC and/or the Contest Organizer, including but not limited to the awarding of the Grand Prize or Secondary Prize, and to comply with legal requirements. Where you have provided your consent, TTC may then provide you with the information or services you have opted in to receive. In addition, without limiting the generality of the foregoing, if you are confirmed as a prize winner, you consent that your photo, name, and residence (town or city only) may be posted, published, or announced by TTC on the TTC website and/or other media for up to 12 months after being confirmed as a winner. For more information please read the contest rules or contact Underground Sounds at undergroundsounds@umusic.com.

Except where prohibited, participation in the Contest constitutes consent to the use of a contestant’s or winner’s name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.

All entries will become the property of the Contest Organizer and TTC and will not be returned. Entries which are incomplete or fraudulent are null and void. Multiple entries using the same email account or using any device to submit multiple times or as multiple contestants will result in disqualification. All entries must be submitted from a valid email account that may be identified by reverse domain name search. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of registration will be deemed to be the participant and must comply with these Contest Rules; the unauthorized subscriber(s) will be disqualified. An address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide the Contest Organizer and/or TTC with government issued ID and proof that the potential winner is the authorized account holder of the email address associated with the potential winning entry. By entering the Contest, you respect to all matters relating to the Contest. The Contest Organization and TTC accept no responsibility for entries which are lost, misdirected or delay for any reason. Nor is any responsibility assumed for incorrect or inaccurate capture of entry information, including (but not limited to), malfunction, human error, lost/delayed/garbled Internet/email transmission, omission, interruption, deletion, defect, or failures of any telephone, network, online, or hardware of software or any combination hereof.

If a selected entrant fails to respond to the notification within seventy-two (72) hours of the first attempted contact, or if UMC is otherwise unable to contact the selected entrant within such time, or if the selected entrant otherwise does not meet any of the Contest eligibility requires, or does not accept his/her prize, or satisfy any other Contest conditions, that entry will be disqualified and the next highest scoring entry may be selected from all remaining eligible entries.

By entering the Contest, entrants agree to hold harmless and indemnify the Released Parties against any and all liability, damages or causes of action (however named or described with respect to or arising out of either: (i) their participation in the Contest; (ii) the receipt, use of or participation in the prizes awarded herein; or (iii) the administration of the Contest (including winner selection) and distribution of the prizes awarded herein. Furthermore, entrants hereby release, waive and discharge any and all claims of damage, loss or causes of action (including negligence), including (but not limited to) death, personal injury or loss or damage to property, which the entrant or any of the entrant’s representatives, heirs, next of kin or assignees (“Entrants Representatives”) may have or which may hereinafter accrue to the entrant or Entrant’s Representatives against the Released Parties as a result of the entrant’s participation in the Contest or the receipt or use of a prize awarded herein.

16. GENERAL RULES

Each prize must be accepted as awarded and no prize substitutions of cash or otherwise or transfer of the prize will be made. No telephone contact or correspondence will be entered into except with potential prize winners. Unclaimed prizes will not be awarded.

All participants must present valid government-issued photo identification upon request. Concert Organizer and TTC may make any changes to the Grand Prize or Secondary Prize including but not limited to event day, time, or location up to and including the day of the event due to any unforeseen circumstances.

By entering this Contest, each entrant consents to the use of his/her name, image, photograph, video, voice statement(s) and city of residence by the Contest Organizer and TTC without further compensation, for any and all publicity purposes, commercial or otherwise, in all media. The Contest is subject to all applicable federal, provincial and municipal laws and regulations and shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

By entering the Contest, each entrant agrees to be bound by these Contest Rules and all decisions of the Contest Organizer and TTC, whose decisions are final with respect to all matters relating to the Contest, including (without limitation) the selection of prize winners. All decisions made by the Contest judges with respect to any aspect of this Contest are final.

The following are prohibited and will result in automatic disqualification from the Contest: (1) using any method that artificially increases chances of winning; (2) non-compliance with these Contest Rules; and (3) any other act which the Contest Organizer and TTC determine, at their sole discretion, jeopardizes the integrity of the Contest.

The Contest Organizer and TTC may terminate, modify, suspend, or withdraw from this Contest (and/or any aspect thereof, including methods for selection of the prize winners), in whole or in part, at any time without notice for any reason, without liability, at their sole discretion, including, without limitation the delay or cancellation of the Final Live Audition Event in question or, if viruses, bugs, tampering, or other causes beyond the Contest Organizer’s and TTC’s control affect the security, fairness or proper play or conduct of the Contest. In the event a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or other means. Further, the Contest Organizer and OLG reserve the right to disqualify any person and void any entries of that person who it believes has tampered with the entry process or any other component of the Contest, whose conduct or action affects the administration, security or fairness, integrity or proper conduct of the Contest or who fails to meet or abide by these Contest Rules.

The Contest Organizer and TTC shall not be responsible for tampering, theft, human errors (including gross negligence) ineligibility, lost, late or misdirected entries or for any problems, failures or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems or traffic congestion on the internet, or at any website and assume no liability for damage to entrant’s or any person’s computer resulting from participating in the Contest. Online entries must be submitted from a valid e-mail account that may be identified by reverse domain name search.

All references to times and dates reflect Eastern Standard Time.

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