ALL NOMINATORS, NOMINEES, AND FINALISTS ARE ENCOURAGED TO READ THESE GUIDELINES. THEY GOVERN THE CONDUCT OF THE CANADIAN INNOVATION AWARDS 2017 EDITION AND PARTICIPATING PARTIES ARE SUBJECT TO THESE GUIDELINES.
The purpose of the Canadian Innovation Awards (CIAs) is to recognize and celebrate exceptional achievement by individuals, companies, and organizations in the field of technology and business innovation in Canada. The CIAs are sponsored, conducted and hosted by Techvibes Inc. (“Techvibes” or “Sponsor”), a leading Canadian technology publication.
CIAs are awarded annually to recipients with a significant Canadian connection for achievement in the following Award Categories: Startup; Entrepreneur; New Startup; Social Impact; Angel Investor; Breakthrough Technology; Manufacturing & Robotics; Financial Services; Health & Wellness; Retail & Hospitality; Energy & Sustainability; Media & Entertainment.
These Guidelines apply to and shall govern the 2017 Edition of the Canadian Innovation Awards, to be awarded at the CIA Gala on February 22, 2018 at the Royal Ontario Museum in Toronto.
Nominations are open from November 24 to midnight on December 22, 2017 (the “Nomination Period”). Nominations can be submitted by any party during the Nomination Period with a valid Techvibes account by completing and submitting the Nomination Form found at https://techvibes.com/canadian-innovation-awards (the “CIA Site”). A party who has been successfully nominated is a Nominee.
During the period December 23 to January 5, 2018, Finalists in each category will be selected from the Nominees by Techvibes. The identity (individual name or organization) of the Finalists will be announced on or before January 5, 2018 and posted on the CIA Site. Before being announced, each Finalist will be contacted by the Sponsor to verify their consent to being a Finalist and participation in the CIAs and the use of their name and identity and to provide a standard form of media and publicity release.
Community Voting will be open from 12:01 p.m. January 5 to 11.59 p.m. February 2, 2018 on the CIA site (the “Community Voting Period”). Each Techvibes account holder with a valid Techvibes account will be eligible to cast a single vote for the Finalist in each Award Category via the CIA site during the Community Voting Period. Eligible votes cast during the Community Voting Period will determine the Winner in each Award Category.
On February 22, 2018 Winners will be announced and presented with their awards at the CIA Awards Gala commencing at 7.00 p.m. at the Royal Ontario Museum in Toronto.
MORE DETAILS & “THE FINE PRINT”
During the Nomination Period nominators may visit the CIA Site and fill out the online entry form completely by providing for each Award Category nomination: 1) the nominator’s name and e-mail address; 2) the Award Category(ies) for which the nominator is submitting the Nominee’s information for consideration; 3) the Nominee’s name, the Nominee’s organization (if applicable).
Any Nomination that violates any of these Guidelines may be deemed ineligible and may be voided at the Sponsor’s sole discretion. Sponsor reserves the right to disqualify in its sole and absolute discretion any Nomination that does not comply with the Guidelines. Nominee and/or nominator, as the case may be, grants Sponsor an irrevocable non-exclusive worldwide license to publish and otherwise use the Nomination (including any Nominee information included in the Nomination) in any and all forms and media now known or developed in the future. Sponsor reserves the right to verify and determine at its sole discretion which Nominees have satisfied the requirements of these Guidelines. The CIAs Prize(s) are subject to all applicable federal, state and local laws and regulations. CIAs Nomination constitutes full and unconditional agreement to these Guidelines and Sponsor’s decisions, which are final and binding in all matters related to the CIAs. Winning CIAs Prize(s) is contingent upon fulfilling all requirements set forth herein. Nominees should be suitable for the specific Award Category they are nominated for and will be excluded from eligibility to be a Finalist if they are not. Nominators should be thoughtful in their nominations in this regard.
Any attempt by a Finalist and/or his/her family/friends or any person or entity at his direction or control to vote contrary to these Guidelines or the use in respect of any voting of robotic, macro, automatic, programmed or like voting methods or any other actions intended to impair or subvert the integrity of the voting process and/or outcome is prohibited and all such votes will be void and the Nomination will be disqualified, at Sponsor’s sole discretion. This specifically includes, but is not limited to, using multiple names, email addresses, phone numbers and/or efforts to obtain votes by any other fraudulent or inappropriate means (including without limitation, offering prizes or other inducements to members of the public or other parties). Sponsor reserves the right to disqualify any vote/s at its sole discretion to preserve the integrity and fairness of the CIAs. In the event of a tie all tied Finalists will receive the Category Award.
Winner Selection, Announcement and Notification
Winners will be announced publicly at the Canadian Innovation Awards Gala to take place on February 22, 2018 at the Royal Ontario Museum, Toronto at which time Winners will be notified in person and/or via the email address and/or telephone number(s) (at Sponsor’s discretion) provided in CIAs Winner’s Nomination Form. At this time, each Category Award Winner will be requested to provide any additional information or documentation described in these Guidelines or otherwise as required to confirm their identity and eligibility and may be required to sign an Declaration of Eligibility and Liability/Publicity Release to confirm their status as a Winner.
Disqualification and the selection of an alternate Winner(s) and/or Finalist(s) may result from any of the following: (A) potential CIAs Winner’s failure to satisfy eligibility criteria and/or establish identity; (B) the return of any communication or notification as undeliverable or inability to communication with a Nominee or Finalist; (C) potential CIA Winner’s failure to provide Sponsor with satisfactory proof that he/she is the person identified in the Nomination; (D) potential CIA Winner’s failure to fully execute and/or timely return a Declaration of Eligibility and Liability/Publicity Release and other documents as required by Sponsor after CIA Winner’s receipt of such documentation; (E) CIA Winner’s failure to provide Sponsor in a timely manner with satisfactory evidence that objectively verifies the facts and statements contained in the Nomination; and (F) any other non-compliance with these Guidelines or factor which in the judgment of the Sponsor could affect the integrity of the CIA or these Guidelines.
Release and Indemnity
By entering or participating in the CIAs, all Nominees and nominators acknowledge, understand and hereby unconditionally and irrevocably covenant not to sue or claim against Sponsor or any of its officers, owners, directors, shareholders, employees, attorneys, agents or representatives (individually and collectively, “Releasees”) for any injury, trespass, damage, loss or harm howsoever caused, resulting or arising out of or in connection with the CIA entry, CIA participation, giving of awards or any activities resulting from or associated with the CIA or awards, or the grant of any rights to Releasese in connection with the CIAs, whether occurring before, during or after actual participation in the CIAs, and whether or not caused by or arising out of the act or omission of any party, including without limitation any of the Releasees. All Nominees and nominators further unconditionally and irrevocably release and forever discharge each of the Releasees from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys’ fees and costs, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) resulting or arising out of or in connection with such party’s participation in the CIAs, whether occurring before, during or after actual participation in the CIAs, and whether or not caused by or arising out of the act or omission of any party, including without limitation any of the Releasees. The Released Claims shall include but not be limited to those based on negligence or gross negligence of any of the Releasees, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, receipt of electronic or other communications, slander, defamation, invasion of privacy, violation of any right of publicity or personality, infringement of copyright or trademark, and loss of earnings or potential earnings.
By entering or participating in the CIAs, Nominees and nominators irrevocably and unconditionally agree to indemnify, defend and hold harmless the Releasees from and against any and all liability, claims, loss, damage, penalty, injury or expense, including reasonable attorneys’ fees and costs, of any kind or nature whatsoever, by whomsoever asserted arising out of or in connection with any third party claim or action arising out of or in connection with: (A) Nominee’s or nominator’s participation in the CIAs or activities associated with the CIAs, whether occurring before, during or after actual participation in the CIAs; (B) a breach or allegation which if true would constitute a breach, of any of Nominee’s or nominator’s representations, warranties or obligations herein; (C) use or failure to use any of the rights Nominee and/or nominators, have granted in connection with the CIAs; (D) any statement, action or omission of an Nominee and/or nominator during or in connection with the CIAs or resulting directly or indirectly from the CIAs (whether before, during or after actual participation in the CIAs); and/or (E)acceptance, possession, or use of any grant or award, including without limitation, personal injury, death and property damage arising therefrom.
The Sponsor’s decisions are final and binding as to all aspects of the CIAs. By entering or participating in the CIAs, each Nominee and any nominator, represents, warrants, and certifies to the Releasees that he or she has the full right and authority to so participate, and that (s)he has the full legal right, permission, and authority to submit the Nomination and be a Nominee. Each Nominee and nominator, agrees that: (A) he/she will abide by and be bound by these Guidelines and the Sponsor’s decisions with respect to the CIAs; (B) the Nomination may not be acknowledged or returned; (C) THE RELEASEES ARE NOT RESPONSIBLE FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND RESULTING, IN WHOLE OR IN PART, WHETHER DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE, PARTICIPATION IN THE CONTEST OR FROM COMPUTER DOWNLOADING IN CONNECTION WITH THE CONTEST; (D) except where prohibited by law, CIAs Winner’s acceptance of an award constitutes the grant of a perpetual, worldwide right to use each CIA Winner’s name, address (city and province only), voice, likeness, photograph, Nomination materials, biographical and prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation; (E) the Sponsor has the right to cancel, modify or suspend the CIAs in the event of the occurrence of viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control that corrupt, prevent or impair the administration, security, fairness or proper play of the CIAs such that, in the Sponsor’s sole discretion, the CIAs cannot be conducted as originally planned,; (F) the Releasees are not responsible for typographical or other errors in the offer or administration of the CIAs, including but not limited to: errors in the advertising, Guidelines, selection and announcement of the Winner or incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of a CIA partisipant. Proof of sending or submitting will not be deemed to be proof of receipt by the Sponsor; (G) any portion of any award not accepted or used by the CIA Winner will be forfeited; (H) the Releasees are not responsible for any inability of the CIA Winner to accept or use any award (or any portion thereof) for any reason; (I) Sponsor has the right to disqualify any individual it finds to be tampering with the entry process or the operation of the CIAs, to be acting in violation of these Guidelines or applicable laws; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or subvert these Guidelines and the integrity of the CIAs; (J) any attempt by a Nominee, nominator or any other individual to deliberately alter or damage the Website or undermine the legitimate operation of the CIAs is a violation of criminal and civil laws, and Sponsor shall have the right to seek damages and all other available remedies against such person; (K) if any provision of these Guidelines is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the Guidelines and shall not affect the validity and enforceability of the remaining provisions; (L) any dispute that arises regarding the meaning and interpretation of the Guidelines shall be resolved by applying the laws of Ontario, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the provincial or Federal courts located at Toronto, Ontario; (M) if for any reason a Nomination is confirmed by Sponsor to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Nominee’s sole remedy is another entry in the CIAs, if within the Nomination Period; (N) any use of an automated system, contest entry service or other automated mechanism to submit nominations or votes is prohibited and will result in disqualification; (O) no more than the stated awards will be awarded; (P) Sponsor reserves the right to terminate or modify the CIAs and these Guidelines if corrupted by a virus or other system malfunction, or should unforeseen events warrant, and to select CIAs Winner from among Entries received; (Q) in the event of any discrepancy or inconsistency between the terms and conditions of the Guidelines and disclosures or other statements contained in any CIA materials, including but not limited to the CIA Site, social media and/or any advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Guidelines shall prevail; (R) Sponsor reserves the right, without liability, to amend the Guidelines and conduct of the CIAs at any time, including the rights or obligations of the nominators, Nominees and/or Sponsor, and in such event, Sponsor will post the terms and conditions of any amended Guidelines on the CIA Site. Any amendment will become effective at the time the Sponsor posts the amended Guidelines; (S) should any provision of these Guidelines be or become illegal or unenforceable in the jurisdiction of a permitted entrant, such illegality or unenforceability shall leave the remainder of these Guidelines unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
Dispute Resolution, Mandatory Arbitration in Ontario
Except where prohibited by law, as a condition of participating in this CIAs, nominators and Nominee agree that (1) any and all disputes and causes of action arising out of or connected with this CIAs, including but not limited to any decision or award, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration before a single Arbitrator under the rules of the Arbitrations Act of Ontario conducted in the English language and held at Toronto, Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Guidelines, or the rights and obligations of the entrant and Sponsor in connection with the CIAs, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and any dispute shall be exclusively resolved by private confidential arbitration as provided above. The foregoing Arbitration shall be a party’s sole and exclusive remedy in the event of a dispute arising from these Guidelines or the CIAs provided that a party may apply to a court of competent jurisdiction to restrain any actual or potential breach of these Guidelines and to enforce any award or order of an Arbitrator appointed hereunder, including an award for costs. The successful party in any arbitration or court proceedings shall be entitled to payment from the other party of the successful party’s legal and other costs on a full indemnity basis.
If you have any questions or wish to send us any notice regarding these Guidelines or the CIAs, please email us at firstname.lastname@example.org.