Contest rules

1. ELIGIBILITY REQUIREMENTS
   1. This Contest is open to anyone age 16 or over as at May 5, 2009, with the exception of employees, agents, and/or representatives of the Festival International de Jazz de Montréal and of L'Équipe Spectra inc., and those of their affiliated companies, advertising and promotional agencies, and persons or entities connected with the Contest, as well as the members of the immediate families of these persons and persons residing with them in the same household. For the purpose of these Contest Rules, "immediate family" means father, mother, brother, sister, children, husband, wife, or de facto spouse of said employees, agents and/or representatives.
   2. How to enter:
      1. To enter the Contest, you must identify yourself on the website at the following address: montrealjazzfest.com
      2. Make your concert selection if you have not already done so.
      3. Enter your comments (optional) and post your concert selection. Your selection, comments, name and photograph will appear on the Festival website.
      4. You may send your concert selection to your friends by email.
      5. Your comments and concert selections must have been sent no later than July 12, 2009 at 11:59 p.m. Eastern Time (ET). The draw will take place on July 13, 2009.
   3. Any one person may submit several comments or post several concert selections; however, each person is entitled to only one entry in the draw.
   4. Content requirements:
      1. The Organizer reserves the right to post or not the comments submitted, at its sole discretion and depending on its ability to process and post this content on line. It will review the texts prior to posting and may modify the form and spelling to make them suitable for posting.
   5. Submission of an entry form implies acceptance of these Contest Rules.
2. DESCRIPTION OF THE PRIZES
   1. Grand Prize: approximate retail value of $500: 4 concerts of your choice* during the 2010 Festival (one pair of tickets for each concert).
      * Restrictions may apply to some concerts. If such is the case, we will propose alternatives.
   2. Second Prize: approximate retail value of $250:
      1. Two pairs of tickets for a concert at L'Astral, subject to availability during the 2009-2010 year - Approximate retail value of $150
      2. $100 at Le Balmoral - the restaurant of the Maison du Festival Rio Tinto Alcan
   3. Third Prize: DVD of the 30th anniversary - approximate retail value of $40 (3 winners)
   4. Fourth Prize: The Festival Under the Stars souvenir books - approximate retail value of $40 (2 winners)
   5. Fifth Prize: CD of the Festival - Approximate retail value of $16 (3 winners)

   TOTAL APPROXIMATE RETAIL VALUE OF CONTEST PRIZES: $1,000

3. SELECTION OF WINNERS
   1. The potential winners will be selected through a random draw from among all eligible entries (whether or not the comments or concert selections have been posted). However, the Organizer shall exclude from the Contest the authors of any comments of the following nature: advertising; solicitation; child pornography, attacks; personal messages; insults; discriminatory, defamatory or sexist remarks; documents deemed to incite racial, religious or ethnic hatred or containing copyright-protected material.
   2. In the week following the date of the random draw specified in Article 1-b.v), each entrant whose name is randomly drawn will be contacted by email.
   3. The potential winners will be obligated to complete and sign a Declaration and Liability Waiver form (the "Form") that will be sent to them by mail and/or by courier and/or by fax, by the Organizer, and obligated to return the duly completed and signed Form within fifteen (15) days of receipt.
   4. All costs associated with the sending of these documents are at the potential winners' expense.
   5. To be declared winners, entrants whose names have been randomly drawn must agree to comply with the terms and conditions set forth in these Contest Rules.
   6. In the event that the Organizer does not succeed in contacting a participant within two (2) weeks of sending the email, that the selected potential winner fails to comply with the terms and conditions set forth in these Contest Rules, or that the duly completed and signed Form is not received by the deadline specified in Paragraph c) above, this entrant will automatically be disqualified, and the new potential winner will be selected using the method specified in Paragraph a) above, and will have to be contacted within the forty-eight (48) hours following the identification of this new potential winner, and so forth, until an eligible potential winner can be reached and declared a winner.
4. RELEASE
   1. By entering this Contest, you agree to the following:
      1. You grant to the Organizer a non-exclusive, irrevocable licence to use the texts and their translation, at its sole discretion, in whole or in part, without remuneration, and in accordance with the terms and herein, and/or in any advertising or promotional activity of the Organizer, in any media whatsoever worldwide and in perpetuity, and you agree to waive any and all moral rights in the foregoing;
      2. You hereby waive any remedy you may have for violation of the right to privacy, the right to one's image and the right to reputation (defamation) against the Organizer that may arise, directly or indirectly, out of the use of the comments and/or postings referred to herein;
      3. You hereby represent and warrant to the Organizer that the use of the comments and/or postings in accordance with the terms herein shall not infringe the rights of any person or entity, including but not limited to, all intellectual property rights, copyright and rights to privacy and one's image.
5. GENERAL CONDITIONS
   1. The Festival International de Jazz de Montréal and L'Équipe Spectra inc., their affiliated companies, and advertising and promotional agencies, and their respective shareholders, officers, directors, employees and agents, as well as any other persons or entities connected with the Contest (collectively referred to herein as the "Organizer") shall not be liable in any way whatsoever in cases where their incapacity to act might result from a fact or situation beyond their control or from a strike, lock-out, or other labour conflict in their establishments or in the establishments of organizations or businesses whose services are used for purposes of this Contest.
   2. By participating in the Contest, all entrants hereby authorize the Organizer to use, if required, their photograph, comments, name, place of residence, voice, likeness and/or statements, for advertising or other purposes, without any compensation of any kind.
   3. The Organizer shall not be liable for any incomplete or incomprehensible contact information received from entrants to the Contest, and reserves the right to reject any entry form that is incomplete or illegible, or that contains a human or mechanical error or a false statement.
   4. Any entry form or attempt to enter the Contest using an electronic, computer or other means that is contrary to the spirit of the Contest (e.g. hacking, mass emailing, etc.) will automatically be rejected and may be reported to the competent legal authorities. Any automated entries will be identified and rejected.
   5. The Organizer shall not be liable for any problems, including but not limited to, failures or technical malfunctions of any telephone networks or lines, computer online systems, servers, providers, computer equipment, software or any other problem that may arise, directly or indirectly, from a computer virus, bug, or failure that may affect the transmission or non-transmission of an entry to this Contest for any reason, including but not limited to, traffic congestion on the Internet, at any website, or on account of any combination of the two. The Organizer shall not be liable for any injury or damage that may affect the computer equipment of the entrants following their entry in the Contest. Nor shall the Organizer be liable for any damage or problem that may result from an interruption in the signal or a technical malfunction that may affect the sending and/or receiving of the signal. The Organizer shall not be liable for any other problem that may interfere with the proper conduct of the Contest, in accordance with the rules set forth herein, including but without limiting the generality of the foregoing, the cancellation or postponement of on-air promotions of said Contest.
   6. The Organizer reserves the right to modify or cancel the Contest without notice, subject to the authority of the Régie des alcools, des courses et des jeux du Québec.
   7. The decisions of the Organizer are final and not subject to appeal.
   8. The masculine gender used in this document refers to both genders, unless the context indicates otherwise.
   9. The Contest Rules are accessible, for the entire duration of the Contest, on the website at www.montrealjazzfest.com.
   10. Any litigation respecting the organization or conduct of a publicity contest may be submitted to the Québec Régie des alcohols, des courses et des jeux du Québec for settlement. Any dispute respecting the awarding of a prize may be submitted to the Régie solely for the purpose of receiving assistance in trying to reach a settlement.