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Terms and Conditions | We Are BC

“We Are BC” (on behalf of SFU Public Square/Simon Fraser University (“SFU”)) are asking anyone living or working in the province of British Columbia within the We Are BC project submission period of July 17, 2013 to August 15, 2013 to submit 30-second, un-edited video contributions for consideration to be included in a single short video which will be created from submitted video contributions entitled “WE ARE BC” (the “Film”) and also for consideration to be included in an online legacy website in connection with the Film (“Legacy Website”).

The inclusion of any contribution in the Film is entirely dependent on the artistic vision of the director of the Film in the case of the Film and dependent on our editorial department in the case of the We Are BC website and Legacy website. Our decision and that of the Director is final (whether joint or otherwise). As such, our artistic review will determine the contributions that will be selected for inclusion in the Film. In order to submit a contribution you must complete this online submission.

You must submit your contribution through the online submission procedures outlined in the “About” section of the We Are BC website. Your contribution must meet the video content & format criteria outlined in the “Submission Rules” in the “Submit” section of our website. Should your contribution not meet our standards it will not appear in the film or the legacy website. Any contributions submitted between the July 17 and August 15, 2013 may be eligible for inclusion in the final short film, legacy website, project promotions and may be considered for related awards for selected contributions. Any contributions submitted after the August 15, 2013 deadline may be eligible for inclusion on the We Are BC Legacy website and project promotions.

TERMS AND CONDITIONS

1.0 You grant to SFU a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, distribute, broadcast and make available to the public and to exercise all other rights in the Contribution world-wide and/or to incorporate and use the Contribution in any other works in any media, (this will include distribution of the Contribution via Bluetooth technology) now known or later developed for the full term of any rights that may exist in the Contribution.

1.1 You agree that SFU may edit the Contribution so that it can be used or broadcast, exhibited and distributed effectively, (for example, resizing or cropping) or for any other purposes necessary in any format to carry out one or more of the acts specified herein.

1.2 You agree to waive in perpetuity any moral rights in respect of the Contribution in all known media and formats world-wide.

1.3 For greater certainty, you acknowledge that by submitting the Contribution, you grant to SFU the right, except where prohibited by law, to use the Contribution, or any portion thereof, as part of or in connection with the film without compensation to you. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Contribution. SFU is under no obligation to use the Contribution for any purpose.

2.0 By submitting the Contribution, you represent and warrant that:

2.1 (A) all contents of the Contribution are wholly original, with the exception of any content provided by SFU in connection with the We Are BC project, have been created entirely by you, have not been taken in whole or in part from any source other than you and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Contribution, as well as all elements contained therein; (C) the Contribution does not and will not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) you have the written consent, release and/or permission of each and every participant in the Contribution to participate in the Contribution as contemplated herein; and (E) you have the written consent, release and/or permission to include every location in the Contribution to be included in the Contribution as contemplated herein; and

2.2 you are at least the age of majority in the province of British Columbia (i.e. 19 years of age or older) and that you have read and agree to the foregoing and are fully familiar with its contents. If you are submitting a submission form and video on behalf of a person under the age of 19 years, you must be the parent or legal guardian of that person, or have written permission from that youth’s parent or legal guardian to do so.

3.0 You hereby agree to indemnify, defend and hold harmless SFU and its governors, officers, directors, servants, employees, agents, volunteers and representatives, and their heirs, executors, administrators, successors and assigns (as the case may be) (each an “Indemnified Party”) from and against any and all claims, demands, actions, causes of action, damages, losses, deficiencies, costs (including reasonable legal costs on a solicitor and own client basis), expenses, liabilities and administrative proceedings including, without limitation, claims arising by reason of any injury to or death of any person, or damage to any property, including consequential loss, which may be brought or made against any Indemnified Party with respect to any cause, matter or thing under or in respect of or relating to your submission of the Contribution, save and except for any claims, demands, actions, causes of action, damages, losses, deficiencies, costs, expenses, liabilities or administrative proceedings arising from the gross negligence or willful misconduct of any Indemnified Party. Your obligation under this section will survive in perpetuity and run with the rights granted by you to SFU in section 1 above.

4.0 The parties agree that this arrangement shall be governed by the laws of the Province of British Columbia and the parties hereby attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia.

5.0 The information on this form is collected under the authority of the University Act (R.S.B.C. 1996, c. 468). It is related directly to and needed by the University to administer and operate the We Are BC project and to produce the We Are BC film. The information will be used to bind the legal agreement contained on this submission form to the contributor and the video submitted by the contributor to the We Are BC project. The information will be used to determine if a contributor meets the eligibility requirements for winning one of We Are BC’s three cash awards of $500 each; and, if a contributor’s video meets the eligibility requirements for inclusion in the We Are BC film and We Are BC legacy website. This information will be used to contact contributors’ to confirm their video submission has been included in the final We Are BC film and/or has won an award. This information may also be used to contact contributors to request a video be resent if there is a file downloading error, to advise a contributor of any unsuitable content (*see We Are BC Terms and Conditions for more details on content) or if some aspect of the submission form requires clarification. The names of contributors may be included in the credits of the We Are BC film and/or We Are BC legacy website as well as related promotional materials. If you have any questions about the collection, use and disclosure of this information please contact Janet Webber, Project Manager, SFU Public Square, Simon Fraser University, 3304 - 515 West Hastings Street, Vancouver, BC, 1.778.885.2083.

6.0 SFU considers your participation in the We Are BC project to be voluntary. If you choose to participate, please be advised that the video upload, transfer and storage service used (www.wetransfer.com) is a service provider located in Amsterdam, Netherlands. Data uploaded to the service is stored outside of Canada. Before deciding to participate, you may wish to read WeTransfer’s terms of service and privacy policies (https://www.wetransfer.com/legal). By choosing to participate in the We Are BC project, you give your consent to SFU’s We Are BC project to store your personal information outside Canada under the terms and conditions noted below:

  • the personal information includes your email address and video file;
  • your personal information will be stored by WeTransfer located in Amsterdam, Netherlands;
  • your personal information is stored for the purpose of producing a film using your video file; and,
  • no expiry date applies to your consent.

7.0 By submitting your contribution to the We Are BC project, you agree to these Terms and Conditions. Further information regarding the Film and the creation and submission of videos for the Film is available on our Frequently Asked Questions page located on the We Are BC website under FAQS but such information does not form part of these official Terms and Conditions.