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Creator Terms and Conditions

1. Introduction

BEFORE YOU SUBMIT AN APPLICATION, PLEASE READ THESE CREATOR TERMS AND CONDITIONS ("TERMS & CONDITIONS") IN THEIR ENTIRETY.  YOU MUST SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS BY CLICKING THE CHECKBOX "I AGREE" WHERE INDICATED.

CineCoup Media Inc. ("CMI") and Canadian Broadcasting Corporation ("CBC ") (collectively the "Programmers") are collaborating to deliver CBC ComedyCoup to Canadian comedy creators ("Creators"). CMI will option a minimum of five (5) projects and a maximum of ten (10) projects for development. CMI guarantees a minimum of $500,000 (Cdn) in production financing for the Top Project (defined below) to create a half-hour comedy special to be broadcast in a prime time slot on CBC television ("Comedy Special"), anticipated in Fall 2015, in accordance with the terms set out in these Terms & Conditions. The Top Project will be selected by the Programmers who will be advised by a panel of industry and broadcast professionals.

YOU AGREE TO PARTICIPATE IN CBC COMEDYCOUP IN ACCORDANCE WITH THESE TERMS BY PARTICIPATING IN CBC COMEDYCOUP YOU AGREE TO CBC’s PRIVACY POLICY, AVAILABLE AT THE CBC WEBSITE HTTP://WWW.CBC.CA/ABOUTCBC/DISCOVER/PRIVACY.HTML AND THAT YOUR APPLICATION AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH YOUR PARTICIPATION IN CBC COMEDYCOUP WILL BE SHARED WITH THE PROGRAMMERS, AND/OR THEIR RESPECTIVE DESIGNATED AGENT(S) AND THAT YOU MAY BE CONTACTED BY CBC COMEDYCOUP AND/OR THEIR RESPECTIVE DESIGNATED AGENT(S) IN CONNECTION WITH CBC COMEDYCOUP. YOUR INFORMATION WILL NOT BE USED FOR MARKETING PURPOSES UNLESS YOU OPT-IN ON THE WEBSITE.

2. Eligibility

In these Terms & Conditions, those person(s) who are eligible to participate in CBC ComedyCoup are called "Team Members" (each, eligible participant is called a "Team Member").

(a) Each Team Member must be a Canadian citizen or Permanent Resident of Canada.

(b) Each Team Member must have reached the age of majority in his/her province or territory of residence.

(c) Team Members can belong to no more than one (1) Team (as defined below).

(d) The following individuals are not eligible to participate in CBC ComedyCoup as Team Members:

  • Employees or representatives of Overinteractive Media Inc., CineCoup Media Inc., CBC, Just For Laughs or their respective affiliated entities, shareholders or an immediate family member of such an employee or representative (parent, sibling, spouse or child) or a person living in the same household as such an employee (whether related or not); and
  • Individuals (or immediate family members of individuals) who are connected in any way with the evaluation of the Applications of the Top Project.
  • Canadian Citizens residing outside of Canada who do not pay Canadian Income Taxes and do not maintain a permanent residence in Canada.

(e) The proposed “Project” (defined below) will be a Comedy Special that is in full compliance with the CMF guidelines, in particular the Essential Requirements for Drama as laid out in the CMF guidelines found at www.cmf-fmc.ca

3. Applications:  How do I get in?

(a) Application Period

The opportunity to participate in CBC ComedyCoup begins at 09:00:01 p.m. EDT on Monday, August 18, 2014 and ends at 11:59:59 p.m. EDT on Sunday, September 21, 2014 (the " Application Period"). Teams must register three (3) "Members" (collectively, the "Team") in connection with their respective proposed television comedy project (individually, a "Project" and collectively, the "Projects"). To be eligible for CBC ComedyCoup, Teams must complete application requirements by the end of the Application Period in accordance with the directions on www.ComedyCoup..cbc.ca (the “Website”). There is a limit of one (1) Application per Team. CMI will confirm receipt of all completed applications.

(b) Application Requirements

During the Application Period, Teams must complete the following information and materials (collectively, the "Application"):

(i) Project Registration

The applicant must register a Project title and create a CBC ComedyCoup user account with a personal email login at the Website. The Team can edit the Project title at any time during the Application Period.

(ii) Team Registration

The applicant must invite two Team Members to join the Project. Each Team Member must (1) create a CBC ComedyCoup user account using a personal email login at the Website; (2) indicate their role on the Project by selecting two roles from the list provided on the Website; (3) submit a short written bio about themselves; (4) submit an image (“avatar”) to represent themselves on the Website. Optionally, each Team Member will be able to publish links to their personal Twitter account, IMDB listing and blog.

(iii) Project Overview

Each Team must create and submit a Project overview that includes an image, logline, synopsis and a URL that will represent the Project on the Website.

(iv) Project Social Accounts

Each Team must create a Facebook page and Twitter account to represent the Project on those respective social networks. The Team must connect their Project Facebook and Twitter accounts to the Website by providing links. Optionally, each will also be able to connect other social network accounts that represent the Project including Tumblr, Instagram and any three additional links that may represent the Project.

(v) Teaser Video 

Each Team must create and submit a video (the “Teaser”) for the Project that will showcase the Team’s concept for a scripted comedy series on the Website. CBC ComedyCoup does not require the Teaser to feature any final elements of a completed half-hour broadcast quality production including cast, locations, script or other elements. Teasers must run 60 to 90-seconds in length and be shot in HD quality with a minimum 1280x720p resolution. Teasers must integrate CBC ComedyCoup branded bumpers created by the Programmers and supplied as downloads on the Website.

4. Advancement:  What’s expected of my team?

(a) The Advancement Period

Commencing at 09:00:01 p.m. EDT on Thursday, October 2, 2014 and ending at 09:00:01 p.m. EST by Wednesday, December 10, 2014 the ("Advancement Period") combines: (1) a series of weekly assignments (“Missions” as defined below) designed to help the Teams develop, package and promote their Projects; (2) ongoing promotion across social networks and beyond; (3) social "Voting Periods" (defined below) and "Advancement Gateways" (defined below) into the Top 50 and Top 15; (4) submission of a draft script for the Comedy Special and show bible treatment; (5) a legal negotiation of an Option Agreement and project evaluation to select the Top 5; (6) a finalist event where the Programmers with advice from an industry panel will evaluate the Top 5 Projects and select one as the Top Project.

(b) Advancement Requirements

(i) Weekly Missions

Missions are mandatory weekly assignments designed to develop and package the Project. Each Mission contains minimum content requirements and optional content submissions that will be published weekly on the Website in accordance with a set weekly schedule. Teams will have a minimum of six (6) days to complete each Mission and submit such Mission content to the Website before the set Mission deadline. CBC ComedyCoup will publish the Mission content to the Project’s unique URL on the Website in accordance with the set weekly schedule.

The Programmers will publish a Mission schedule in advance of launching CBC ComedyCoup on Thursday, October 2, 2014.

To remain eligible for advancement, Teams must submit minimum content requirements to each weekly Mission. If a Team misses submitting a Mission, such Team may be disqualified from advancement at the Programmer's sole discretion.  

The Team’s Performance Indicators (defined below) on Missions will contribute to its advancement (as described below under Advancement to Top 50 an Top 15).

(ii) Marketing and Social Promotion

Teams are expected to promote their Project and weekly Mission content via their Facebook page and Twitter account. The Team’s Performance Indicators on social media will contribute to its advancement (as described below under Advancement to Top 50 and Top 15).  

Teams will also have the opportunity to submit other relevant content that demonstrates their marketing efforts such as event collateral, voting campaigns, media coverage and blog posts. The content will be aggregated on each Project’s “Press & Promo” page and will be considered in the evaluation of the Top 15, Top 5 and Top Projects.

(iii) Social Voting

There will be two (2) scheduled social voting periods (each a "Voting Period", collectively, the "Voting Periods") when registered CBC ComedyCoup users ("Fans") can login to the Website and cast votes to help Projects advance. Voting results are one of four criteria that contribute to a Project’s advancement (as described below under Advancement to Top 50 and Top 15).

Voting Periods as follows:

  • Top 50 Voting Period: October 23 at 09:00:01 a.m. EDT - October 26, 2014 by 11:59:59 p.m
  • Top 15 Voting Period: November 6 at 09:00:01 a.m. EST - November 9, 2014 by 11:59:59 p.m

Voting Periods are subject to change, in the Programmer's sole and absolute discretion.

All Fans will be allocated the same base number of votes at the beginning of each Voting Period. In between Voting Periods, Fans can earn additional votes by completing Fan badges which are earned based on activity on the Website. During voting periods, a Fan can elect to cast all their votes for one Project, or distribute their votes amongst several Projects.

All votes will be audited and verified algorithmically by the Programmers.

(iv) Script Submission and Show Bible Treatment for Top 15 Eligibility

To be eligible for advancement into the Top 15, the Top 50 Teams will be required to submit the following additional materials for evaluation by the Programmers and its designated representatives by 11:59:59 p.m. EDT on Sunday, October 26, 2014:

  • Minimum first draft of Script for 22 broadcast minutes for a Comedy Special. Script drafts and treatments will not be made public at any time but will be shared with the Programmers and its designated representatives.
  • The show bible treatment is a reference document used to provide information about the Project and includes elements such as characters, setting and series arc.

(v) Legal Representation and Negotiation of Option Agreement

All Top 15 Teams will be presented with an Option Agreement and a list of entertainment lawyers to assist in the negotiation of the Option Agreement. Each Team will be allotted one vote to cast in the selection of an entertainment lawyer from the list. The entertainment lawyer who receives the majority of the votes cast by the Top 15 Teams, will be designated as the entertainment lawyer for all Top 15 and will negotiate the Option Agreement with CMI on behalf of all Top 15.

CMI shall option a minimum of five (5) and a maximum of (10) Projects in accordance with the terms of the Option Agreement that will have been negotiated by the lawyer for the Top 15 Teams.

(vi) Finalist Event

The Top 5 Teams as selected by the Programmers must be available to travel to the The Big Deal, at the expense of CMI, between Saturday, December 6 and Wednesday, December 10 2014.

The dates, location and panel members will be published with the announcement of the Top 5 Projects by 09:00:00 p.m. EST by Monday, November 24 2014.

(c) Advancement Gateways

(i) Top 110

All Teams that meet the application requirements will have their Projects published on the Website when the Advancement Period launches at 09:00:01 p.m. EDT on Thursday, October 2, 2014.

If there are less than one hundred (110) eligible applications, all Teams will participate through the Top 50 voting period (as described above under Social Voting).

If there are more than one hundred (110) eligible applications, the Programmers will select a minimum of one hundred (110) for Top 110 advancement. CBC ComedyCoup will announce the Top 110 at 09:00:01 p.m. EDT Monday, October 6, 2014 on the Website. Teams that do not advance to the Top 110 can continue submitting content to their Project on the Website to be considered for Wildcard (defined below) advancement (as described below under Wildcard advancement).

(ii) Advancement to Top 50 and Top 15

There are two (2) advancement gateways when Teams can advance to the Top 50 and Top 15 (“Advancement Gateways”). The Programmers will announce the Teams advanced at scheduled dates and times on the Website. Gateways dates are subject to change, in the Programmer' sole and absolute discretion.

CBC ComedyCoup’s performance algorithms (collectively the “Performance Indicators”) are designed solely by CMI to reward qualitative over quantitative engagement by measuring factors such as sentiment, trends, reach and retention within the Website and across social networks.

To prevent unfair gaming of Performance Indicators, CMI is unable to publish specific data points and weight allocations for any given criteria.

At each gateway, Teams will advance based on a weighted calculation of the following criteria ("Performance Criteria"):

  • Performance Indicators within the Website associated with Mission content
  • Performance Indicators on social networks
  • Voting results

Eligible Teams as described above under Advancement Requirements (for Top 15 this includes having submitted the script / show bible treatment) with the highest Performance Criteria, plus Wildcards (as defined below), at any given Advancement Gateway will advance into the Top 50 and Top 15.

(iii) Wildcard Advancement

The Programmers reserve the right to consider any Project for advancement, regardless of its Performance Criteria ("Wildcard"). The following Wildcards are available in the Programmers’ absolute and sole discretion:

  • Top 50 Gateway: up to 10 Wildcards may be advanced
  • Top 15 Gateway: up to 5 Wildcards may be advanced

In a case when the Programmers elect to exercise its discretion to advance a Wildcard, the eligible Project(s) with the lowest combined Performance Criteria will be eliminated in place of the Wildcard Project(s).

(iv) Advancement to the Top 5

The Top 15 Projects will be evaluated by the Programmers having regard to the following weighted criteria:

  • Cumulative Performance Criteria commencing with the launch of the Advancement Period through the Top 15 Gateway.
  • The strength of their overall Project including their Mission content and marketing efforts.
  • Quality and feasibility of the draft script and show bible treatment:
    • Originality of show concept and strength of scriptwriting
    • Viability to attach talent to the Project
    • Viability to meet $500,000 production budget
    • Viability to meet accelerated production schedule

CMI shall option a minimum of five (5) and a maximum of ten (10) Projects in accordance with the terms of the Option Agreement that will have been negotiated by the lawyer for the Top 15 Teams.

The Top 5 Projects will be announced by 09:00:01 p.m. EST Monday, November 24, 2014.

(v) Final 5 Evaluation

The Top 5 Teams will travel to The Big Deal to make a live “Project Pitch”. Teams will present to a panel of known professionals from television and creative cultural industries, the Programmers and their designated representatives, the most influential fan as determined by a quantitive algorithm that measures activity on the Website and their influence on social networks (the Superfan) and a live audience.

Each Project Pitch will combine the following elements:

  • Live on-stage intro
  • Video highlight reel
  • Live on-stage close
  • Live questions and answer with the Panel

The Panel will consider the following factors in their evaluation of each Top 5 Project:

  • The strength of the Project Pitch.
  • Performance Criteria throughout the Advancement Period.
  • The strength of their overall Project including their Mission content and marketing efforts.
  • Quality and feasibility of the draft of the Project Script:
    • Originality of story idea and strength of scriptwriting
    • Viability to attach talent to the Project
    • Viability to meet $500,000 production budget
    • Viability to meet accelerated production schedule

5. Financing

The Team that is selected as the Top Project will be eligible to receive a minimum of $500,000 (Cdn) in production financing to create a Comedy Special to be broadcast in a prime time slot on CBC television, anticipated in Fall 2015.

CMI will produce the Top Project, overseeing all areas of budgeting, scheduling, financing, bonding, insuring and delivering the completed Comedy Special in a professional manner adhering to CMF Guidelines and broadcaster standards.

The selection by the Programmers of the Top Project shall be final and binding and is not subject to any challenge or appeal. The method of eliminating Teams from CBC ComedyCoup are established by the Programmers, as set forth in these Terms & Conditions (as such may be changed, modified or amended from time to time in the Programmers' sole discretion with or without prior notice). Each Team Member understands that his/her failure or refusal to comply with the Terms & Conditions (as they may be changed, modified or amended by the Programmers in its sole discretion from time to time without prior notice) in any respect or to any degree may result in such Team Member’s and his/her Team and their Project’s immediate elimination from CBC ComedyCoup and/or the forfeiture of eligibility for any financing.

6. Grant of Rights To CBC ComedyCoup

By submitting an Application, each Team Member hereby acknowledges and agrees that:

(a) In consideration of submitting an Application to CBC ComedyCoup, Team Members, on behalf of themselves, their heirs, executors, administrators and assigns, hereby grant to the Programmers an irrevocable, non-exclusive, sub-licensable, perpetual, royalty-free, worldwide license and right to broadcast, publicly display, exhibit, edit, modify and/or otherwise use the Application and Project and all results and proceeds of each Team Members’ participation in CBC ComedyCoup (collectively, the “Materials”) and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, solely for promotional, publicity and other purposes related to CBC ComedyCoup. Notwithstanding the foregoing, the Programmers will have the non-exclusive right to make and/or use unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses, solely for promotional, publicity and other purposes related to CBC ComedyCoup. Without limiting the foregoing, the Programmers will have the right to use the Materials, and any portion thereof, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose solely in relation to CBC ComedyCoup. Team Members also irrevocably grant to the Programmers, where not prohibited by law, an irrevocable, perpetual, worldwide, royalty-free, license to use Team Member’s name, voice, likeness and biographical material, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose related to the Application and/or CBC ComedyCoup in any other way the Programmers deems appropriate. Team Members hereby waive the exercise of any “moral rights”, including without limitation, the rights of integrity, attribution and association, to which a Member is now or may later become entitled in any part of the world in connection with the Materials and the Programmers use of the Team Member's likeness, including without limitation any and all personality and privacy rights, to enable the Programmers to make fullest use of the Materials and the Team Member's likeness as contemplated in the these Terms & Conditions and the Option Agreement.

(b)  Team Members will not be paid any money for giving the Programmers rights granted in these Terms & Conditions, or for participating in CBC ComedyCoup, the sole consideration for which being the Programmers' consideration of their Projects as a possible Top Project, which they acknowledge is good, valuable and sufficient.

(c)  Team Members have no right of approval or consultation with respect to the Programmers' use of the Materials. The Programmers will not be responsible for the return or preservation of any Materials. The Programmers shall use its sole and absolute discretion in determining the extent and manner of the use of the Materials, and the Programmers are not obligated in any way to use or exploit the same or any rights granted by Team Member, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. Each Team Member further agrees that the Materials are not being submitted to the Programmer in confidence or in trust and that no confidential or fiduciary relationship is intended or created. Any waiver of any right hereunder by the Programmers does not constitute a general waiver of any obligation of Team Members.

7. Compliance with Terms & Conditions

All Applications may be reviewed for compliance with these Terms & Conditions; however, such review does not relieve Team Members from responsibility for compliance with these Terms & Conditions. Teams and Applications that do not comply with these Terms & Conditions or that otherwise contain prohibited or inappropriate content as determined by the Programmers, in its sole and absolute discretion, may be disqualified at any time. The Programmers, in their sole and absolute discretion, makes the final determination as to which Teams and Applications are accepted and are eligible to participate in CBC ComedyCoup.

From time to time during the Application Period, the Programmers may, in its sole and absolute discretion, choose to feature certain Teams and Materials on the Website and/or in advertising materials. Teams acknowledge that being featured on the Website and/or in advertising materials in no way impacts the likelihood of success of the Teams being selected as the Top Project nor does the inclusion of any Materials on the Website and/or in advertising materials indicate that the Programmers considers any Application or Project to be a good example of a viable Project, nor does it indicate the Programmers' preference for/endorsement of any Project and/or the subject matter of any Project.

8. Conditions of Participation

As conditions of participation in CBC ComedyCoup and by submitting an Application, each Team (including each Team Member of the Team on a joint and several basis) represents and warrants to the Programmers that:

(a)  its Materials, Application and Project including but not limited to, underlying designs, ideas, concepts, stories, characters, scripts and other written and visual materials, are wholly original and are owned and controlled solely by the Team, who shall have sole liability for all third party claims relating to or regarding the content of their Application and Project;

(b)   its Materials, Application and Project have been legally obtained and/or created do not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws or regulations standards;

(c)  the Team has not granted or transferred any rights in or to the Project or Application to any third party prior to the date of submission;

(d)  the Team has not done anything which has impaired and will not do anything to impair the rights granted to the Programmers in these Terms & Conditions or in the Option Agreement (if applicable) in any way;

(e)   the Team has secured written permission from all individuals depicted in their Materials and that such permission is extended to the Programmers for CBC ComedyCoup’s use as set forth herein and in the Option Agreement and in any manner it deems appropriate;

(f)  the Materials conform to all of the Application requirements and Terms & Conditions set out herein;

(g)   the Team will be available to participate in CBC ComedyCoup as when and where required in accordance with the Terms & Conditions.

By submitting an Application to CBC ComedyCoup, each Team agrees to jointly and severally indemnify and hold harmless the Programmers and each of their designated agents, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees and all persons and entities in connection with the Programmers (“Released Parties”) from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees and costs) which arise in connection with the Materials or out of any breach of these Terms & Conditions.

9. Limitations on Liabilities; Remedies

By submitting an Application, each Team Member agrees that:

(a)  any and all disputes, claims and causes of action arising out of or connected with their Materials, and/or the CBC ComedyCoup will be resolved individually, without resort to any form of class action;

(b)   any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will legal fees be awarded or recoverable;

(c)  under no circumstances will any Team Member be permitted to obtain any award for, and Team Member knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;

(d)  the Team Member irrevocably waives any right to seek injunctive or equitable relief;

(e)  the Team Member releases and holds harmless Released Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of CBC ComedyCoup infringes on the rights of the Team Member as contained in any Materials or otherwise. 

10. General Terms and Conditions

(a)   All Team Members and voters must be registered on the Website. The names of the Team Members submitting the Application and Project must be the name of the Team Members who registered on the Website with such email address, and the authorized account holder of such email address, otherwise the entry may be deemed void. In the event of dispute over the identity of a Team Member, an Application and Project will be declared made by the authorized registered user of the email address through which the Application was entered and the Team Member may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the Team Member to notify the Programmers in writing if the Team Member changes his or her e-mail or postal address during CBC ComedyCoup registration period.

(b)   the Programmers have the right at any time to require additional proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification. All personal details and information requested by and supplied to CBC ComedyCoup by each Team Member must be truthful, accurate and in no way misleading. The Programmers reserve the right to disqualify any Team Member or Team from CBC ComedyCoup in its sole discretion should any Team Member at any stage supply untruthful, inaccurate or misleading personal details and/or information or should any Team Member cease to be ineligible to continue as a Team Member.

(c)   If for any reason CBC ComedyCoup is not capable of being administered as planned, including without limitation, lack of sufficient number of Applications, Projects and/or voters to support the continuing of CBC ComedyCoup, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of CBC ComedyCoup, or for any reason the Programmers deem, in its sole and absolute discretion, that CBC ComedyCoup is not meeting the expected goals, the Programmers reserve the right, in its sole and absolute discretion to change the Terms and Conditions, the structure, process, timing, schedule, or any other aspect of CBC ComedyCoup, at any time, including the cancellation, modification or termination CBC ComedyCoup, for any reason, without further notice.

(d)   If the Programmers determine, in its sole and absolute discretion, that any Team Member or voter has not complied with these Terms & Conditions in any way, for example (i) by use of proxy voting, (ii) by registering more than one (1) time on the Website and/or using multiple e-mail or dummy e-mail addresses, or (iii) by other fraudulent means in an attempt to cast more than the eligible allotted and earned Votes, then the Programmers reserve the right to cancel that voter’s or Member’s account, disqualify all their votes, disqualify any Application that they have submitted and disallow any further participation by such individual in CBC ComedyCoup.

(e)  the Programmers reserve the right, at its sole and absolute discretion, to disqualify any Team Member and/or Team and any or all of their Application(s) and/or votes deemed to be (a) tampering or attempting to tamper with the entry or voting process or the operation of CBC ComedyCoup or any CBC ComedyCoup website; (b) violating the Terms & Conditions; (c) violating the Terms & Conditions provided by the Programmers; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by a Team Member or any other individual to deliberately damage any website associated with CBC ComedyCoup or to undermine the legitimate operation of CBC ComedyCoup may be a violation of criminal and/or civil laws. Should any such attempt be made, the Programmers reserve the right to seek remedies and damages to the fullest extent permitted by law.

(f)   the Programmers reserve the right, in its sole and absolute discretion, to require Team Member to submit to a confidential background check to confirm eligibility and help ensure that the participation of any such person in CBC ComedyCoup will not bring CBC ComedyCoup into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Programmers, as determined by the Programmers in its sole and absolute discretion.

(g)   By submitting an Application, each Team Member agrees to waive the right to challenge the results of any voting or any decision by the Programmers.

(h)   These Terms & Conditions are binding on Team Members, voters, and all other participants in CBC ComedyCoup and their heirs, administrators, executor, successors and assigns.

(i) Team Members are solely responsible for reviewing these Terms & Conditions with their legal and tax advisors to determine their potential tax liability, if any, in connection with receiving any financing as part of CBC ComedyCoup. Team Members shall be solely responsible for paying all local, provincial and federal and all other tax obligations arising from any financing. Team Members hereby release the Released Parties of any and all liability in connection with any such taxes. The Programmers may deduct, withhold or require payment of any such taxes before delivery of the financing at its sole discretion.

(j) The construction, validity, interpretation and enforceability of these Terms & Conditions will be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any choice of law or conflict of law terms, and that parties agree to submit exclusively to the jurisdiction of the Courts of Ontario that are located in Toronto Ontario. Notwithstanding the foregoing, Team Member acknowledges that the Programmers may nonetheless: (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Terms & Conditions; and/or (2) bring an action in court to protect or interpret any of the Programmers' intellectual property rights.  

(k) Team Members are not entitled to assign their rights or obligations under these Terms & Conditions at any time. The Programmers have the unlimited right to assign its rights and obligations under these Terms & Conditions at any time, in whole or in part, to any party.

(l)  Team Members will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by CBC ComedyCoup to further evidence or effectuate the Programmers' rights as set forth in these Terms & Conditions, and Team Members appoint the Programmers as their attorneys-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Team Member fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).

(m)   In the event of any dispute concerning the operation of any element of CBC ComedyCoup or these Terms & Conditions, the decision of the Programmers will be final. The Programmers' decisions in relation to CBC ComedyCoup will be final and binding without the right of appeal.

(n)  These Terms & Conditions are additional to and do not supersede the Option Agreement signed by the Team Members and in the event of any conflict between the Option Agreement and these Terms & Conditions, the Option Agreement will prevail.

(o)   By entering an Application for participation in CBC ComedyCoup and by voluntarily providing personal information (including, but not limited to, email address, first name, last name, and contact phone number) (collectively the “Team Member Information”) Team Members consent and agree to: (i) the Programmers' collection and use of the Team Member Information and the Application, for the purpose of selecting the participants in CBC ComedyCoup and otherwise as may be necessary to conduct and administer CBC ComedyCoup; (ii) the Programmers’ right to use Team Member’s likeness, name, and biography in connection with all promotional activities related to CBC ComedyCoup and the Project in all media and formats without restriction (including, but not by way of limitation, on websites or other online media and in advertising, publicity and exploitation in connection with CBC ComedyCoup and the Project); (iii) the Materials (including the Application) are not subject to any obligation of confidentiality; (iv) the Programmers shall not be liable for any use or disclosure of the Materials (including the Application) as contemplated in these Terms & Conditions; and (v) the Programmers are released from any and all liability arising out of the collection, use and disclosure of the Team Member Information in the ways stated in these Terms & Conditions.

(p)   CBC ComedyCoup is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws.

(q)   the Programmers are not responsible for lost, late, incomplete or misdirected Applications for any failure of the Website (or any Team Member’s inability to access the Website at any time), or computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or on-line entry or Application or Materials to be received by CBC ComedyCoup on account of technical problems or traffic congestion on the Internet or the Website, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions or any combination thereof that may affect an individual’s ability to participate in CBC ComedyCoup, or for any injury or damage to any person or to an Team Member’s or any other person’s computer or property related to or resulting from using, downloading or sending any Materials in connection with CBC ComedyCoup or in connection with Team Members’ participation in CBC ComedyCoup, or for late, lost, stolen, incomplete or misdirected submissions or CBC ComedyCoup’s use of the Materials and Team Members’ likeness, including without limitation, as a result of invasion of privacy, libel, defamation or infringement of copyright. The Programmers reserve the right, in its sole discretion and without notice, to cancel, suspend or modify CBC ComedyCoup, in whole or in part, for any reason including a virus or bug related to the Website or any other cause of any nature beyond the reasonable control of the Programmers which corrupts or could corrupt or interfere with the security or proper administration of CBC ComedyCoup, or for any other reason.

(r)   Any attempt to deliberately damage the Website or to undermine the legitimate operation of CBC ComedyCoup will render any Application submitted by an individual participating in such activity void and may be a violation of criminal and/or civil laws. Should such an attempt be made, the Programmers reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

(s)   the Programmers are not responsible for any errors, omissions, incorrect or inaccurate information the Terms & Conditions, other CBC ComedyCoup-related information.

(t)   Any provision of these Terms & Conditions that is invalid, illegal or unenforceable will be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in anyway the  remaining provisions hereof.

(u)   Team Members understand and agree that no failure or delay of the Programmers in exercising their right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

(v) Team Members can view these Terms & Conditions on the Website or may request a copy by writing to: hello@comedycoup.com


Last Updated on August 22, 2014