Terms of Use


Big Rock Brewery – Terms of Use

1. Your Acceptance

A. Your use and/or visit to this Website, including, without limitation, all content available through the www.bigrockuntapped.com domain name (collectively, the " Website"), signifies your agreement with, and your agreement to comply with (1) these terms and conditions (the "Terms of Use"); and with (2) the Big Rock Brewery Operations Corp. (“Big Rock”) Privacy Policy, found at http://www.bigrockuntapped.com/privacy.php which is incorporated herein by reference.

If you do not agree to any of these terms or Big Rock’s Privacy Policy please do not use the Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should inform yourself by periodically reviewing the most up-to-date version (http://www.bigrockuntapped.com/terms.php). Big Rock may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such Terms of Use and policies as modified or revised by us. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Website

A. These Terms of Use apply to all users of the Website, including users who contribute song content, information, and other materials or services on the Website. The Website includes all aspects of Website, including but not limited to the Website "Music Player."

B. The Website may contain links to third party websites that are not owned or controlled by Big Rock. Big Rock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Big Rock will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Big Rock from any and all liability arising from your use of any third-party website.

C. Accordingly, you are strongly advised to read the terms and conditions and privacy policy of each other website that you visit after leaving the Website.

3. General Use of the Website -- Permissions and Restrictions

Big Rock hereby grants you permission to access and use the Website as set forth in these Terms of Use. Provided, further, and you agree, that:

A. You may not distribute in any way any part of the Website, including but not limited to User Submissions (defined below), without Big Rock's prior written authorization.

B. You may not alter or modify any part of the Website, including but not limited to the Website's Music Player or any of its related technologies.

C. You may not access User Submissions (defined below) or Website Content through any technology or means other than by or through the song playback pages of the Website itself, the Website Music Player, or other explicitly authorized means Big Rock may designate.

D. You may not use the Website, including without limitation the Website Music Player for any commercial purpose, without the prior written authorization of Big Rock. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Big Rock's express approval:

E. Prohibited commercial uses do not include:

F. The Website Music Player may not be used on your website unless (a) you are specifically authorized to do so by Big Rock and you fully comply with the Terms of Use; and, (b) you do not modify, build upon, or block any portion of the Website Music Player in any way.

G. You may not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Big Rock servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Big Rock grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Big Rock reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from the Website, nor use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You may not solicit, for commercial or any other purposes, any users of the Website with respect to their User Submissions.

H. You will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

I. Big Rock reserves the right to discontinue any aspect of the Website at any time without prior notice.

4. Your Use of Content on the Website

In addition to the foregoing restrictions, the following restrictions and conditions apply specifically to your use of content on the Website.

A. Except User Submissions (as defined below), the content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, songs, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Big Rock, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Big Rock reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Songs (as defined below) for any purpose or in any manner other than Streaming is expressly prohibited. User Songs are made available "as is."

C. You may access Website Content, User Submissions and other content only as permitted under this Agreement. Big Rock reserves all rights not expressly granted in and to the Website Content and the Website Service.

D. You agree to not engage in the use, copying, or distribution for any commercial or other purposes, any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website.

E. You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

F. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Big Rock is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Big Rock with respect thereto, and agree to indemnify and hold Big Rock, its directors, officers, employees, agents, independent contractors and affiliates harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

5. Your User Submissions and Conduct

A. Upon being invited to do so by Big Rock, you may submit to the Website original song content ("User Songs") and textual content ("User Comments"). User Songs and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, bigrockuntapped does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them on bigrockuntapped Website. In connection with your own User Submissions, none may be accepted by the Website unless and until you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Big Rock to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Website and these Terms of Use.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions you hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in your User Songs terminate within a commercially reasonable time after you remove or delete your User Songs from the bigrockuntapped Service. You understand and agree, however, that Big Rock may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission and consent from their rightful owner that in the sole opinion of Big Rock is necessary in order to post the material and to grant Big Rock all of the license rights granted herein.

E. Big Rock does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Big Rock expressly disclaims any and all liability in connection with User Submissions. Big Rock does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Big Rock will remove all Content and User Submissions if authoritatively notified that such Content or User Submission infringes on another's intellectual property rights. For this or any other reason, Big Rock reserves the right to remove Content and User Submissions without prior notice.

6. User Submission Termination Policy

A. Big Rock will terminate a User's access to its Website if, in the sole opinion of Big Rock, such User is a repeat copyright infringer.

B. Big Rock reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Big Rock may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIG ROCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIG ROCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE WEBSITE. BIG ROCK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIG ROCK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION BEFORE ACQUIRING OR PURCHASING ANY PRODUCT OR SERVICE.

8. Limitation of Liability

IN NO EVENT SHALL BIG ROCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BIG ROCK WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BIG ROCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Big Rock from its facilities in Canada. Big Rock makes no representations about the availability or appropriateness of the Website in other locations. Those who make access or use the Website from other jurisdictions do so at their own risk subject to all laws and regulations applicable to and in such other jurisdictions.

9. Indemnity

You agree to defend, indemnify and hold harmless Big Rock, its parent corporation, officers, directors, employees, agents, affiliates and independent contractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising without limitation from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. Subject to Section 12 hereof, the provisions of this Section 9 are unlimited as to time.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use; or possess legal parental or guardian consent to do so.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Rock without restriction.

12. General

You agree that: (i) the Website shall be deemed solely based in Alberta; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Big Rock, either specific or general, in jurisdictions other than Alberta. These Terms of Use shall be governed by the internal substantive laws of the Province of Alberta, without respect to its conflict of laws principles. Any claim or dispute between you and Big Rock that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Calgary, Alberta. These Terms of Use, together with the Privacy Policy at http://www.bigrockuntapped.com/privacy.html and any other legal notices published by Big Rock on the Website, shall constitute the entire agreement between you and Big Rock concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Big Rock's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Big Rock reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND BIG ROCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


OFFICIAL RULES AND REGULATIONS

1. CONTEST SPONSOR: Untapped Volume 2 ("Contest") is being conducted through Big Rock Brewery Limited Partnership by its general partner Big Rock Brewery Operations Corp. (the "Contest Sponsor"). The Contest commences at 12:01 a.m. MST on April 1, 2008 and closes at 11:59 p.m. MST on September 26, 2008 (the "Contest Period").

2. ELIGIBILITY: This Contest is open only to persons who are residents of any Province or Territory of Canada (excluding the Province of Quebec) who, at the time of entry, have reached the legal drinking age in the Province in which they reside.

3. HOW TO ENTER: To become eligible to win a prize, each contestant must first register his/her qualifying Contest submission at www.bigrockuntapped.com. A qualifying Contest submission includes the contestant's (a) Artist Profile (defined below); and (b) the original music to which the Artist's Profile relates, the copyright and all other intellectual property rights to which the contestant is the exclusive owner. All contestants must include his/her full name, postal code, phone number and email address (if available) and must strictly follow these Rules and Regulations.

"Artist Profile" means that an individual has registered their name, personal information and email address through www.bigrockuntapped.com. No purchase is necessary to enter or win a prize. Complete Contest details are available at www.bigrockuntapped.com during the Contest.

4. IN ORDER TO WIN: Before being declared a prize winner, each eligible contestant (including all persons associated with or performing the original music) must sign the Contest Sponsor's form of Release and Indemnification (a) confirming acceptance of the awarded prize; (b) releasing the Contest Sponsor, and all others ("Releasees") named in the Release and Indemnification, from all liability that may arise in relation to the contestant's participation in the Contest and acceptance and use of any prize awarded; and (c) indemnifying the Releasees against, without limitation, all claims and demands which may be brought against any or all the Releasees (including all costs and disbursements) arising out of or in connection with the Releasees' use as is contemplated in this Contest of the Artist's Profile or original music (see Rule 10).

All Prizewinners will be selected by a panel of judges appointed by the Contest Sponsor.

Among the criteria used by the panel of judges in selecting the finalists for this Contest will be the talent exhibited by each contestant in the creation and performance of the original music entered by the contestant in this Contest.

The decisions of the panel of judges and the Contest Sponsor are final with respect to all aspects of this Contest, including but not limited to eligibility of contestants, the quality of their original music submission and the correctness of their answers to the skill-testing question.

5. CONTEST CLOSING DATE: The finalists for this Contest will be announced during the week of September 29, 2008; and a short-list of finalists will be selected during the week of October 6, 2008. Fifteen (15) eligible contestants selected from the short-list of finalists will each be notified during the week of October 27, 2008 and, subject to these Rules and Regulations, declared to be one of fifteen (15) Grade Prize winners.

6. PRIZES: Fifteen (15) Grand Prizes are available to be won by eligible contestants.

Each Grand Prize consists of:

Each Grand Prize is valued at approximately five thousand ($5,000) Dollars (CDN), tax included.

As a condition of participating in this Contest and being awarded a Grand Prize, each winning contestant acknowledges and agrees that neither the contestant nor any other person will receive or is eligible to receive from the Contest Sponsor or from any other person or entity associated with the Contest, any mechanical or any other royalties related to the original music or any recording, copying or performance of it.

No prize substitutions, transfers, or cash in lieu of the Grand Prizes, will be allowed. There is no monetary component of the Prizes in this Contest. Provided, however, that the Contest Sponsor may substitute for one or more parts of any of the Grad Prizes other merchandise or service(s) of equal or greater value if, in the sole opinion of the Contest Sponsor, the substitution is necessary.

7. ODDS OF WINNING A PRIZE: The odds of winning any prize depends upon the total number of eligible entries received.

8. NOTIFYING SELECTED WINNERS: Each person who qualifies to be declared a Grand Prize winner in this Contest will be contacted by telephone or email during the week of October 26, 2008. A selected, prospective Grand Prize winner will be disqualified if (a) she/he cannot be reached after a reasonable effort to do so has been made; or (b) the Contest Sponsor determines that the selected contestant is ineligible according to these Contest Rules and Regulations; or (c) the selected contestant fails to fully comply with these Contest Rules and Regulations including correctly answering the skill-testing question; or (d) fails to provide a fully completed Contest Release and Indemnification form (see Rule 4); or (e) if his/her prize notification is returned to the Contest Sponsor as being undeliverable.

Arrangements for receiving a prize will be made directly with each winner.

9. CORRESPONDENCE AND COMMUNICATION: All correspondence and communication with contestants in connection with this Contest will be by email or telephone, except as otherwise noted. Contestants agree to abide by these Contest Rules. The decision of the Contest Sponsor shall be final and binding in all matters related to the Contest. The Contest is subject to all applicable federal, provincial and municipal laws and is void where prohibited.

10. RELEASE AND INDEMNIFICATION: By entering this Contest, each contestant warrants, represents and agrees that no authorization in addition to the contestant's (which is deemed to be given as a condition of entering this Contest) is necessary to enable the Contest Sponsor or others to use the original music and Artist's Profile as is contemplated in this Contest. By claiming or accepting a prize in this Contest, each contestant consents to the use of his/her name, voice, picture (both moving and still) or likeness, without compensation, for promotional and/or publicity purposes as determined by the Contest Sponsor. Each prize winner agrees to (a) release the Contest Sponsor, its assignees, affiliates and associates named in the release from any and all liability, claims or actions of any kind whatsoever for injuries, damages or lost persons and property which may be sustained in connection with the receipt, entry for or use of a prize; and (b) provide the Indemnification referred to in Rule 4 above.

11. NO LIABILITY: The Contest Sponsor reserves the right to change the terms of this Contest, suspend or cancel it, at any time, without liability on the part of the Contest Sponsor, and without prior notice. Contest Sponsor shall not be liable for late, lost, stolen, damaged, incomplete, misdirected, mislaid, illegible or unintelligible entries. If in the opinion the Contest Sponsor the administration or integrity of the Contest is compromised or corrupted at any time, the Contest Sponsor reserves the right to modify, suspend or cancel the Contest.

Without limitation, the Contest Sponsor will not be liable for any failure of the www.bigrockuntapped.com website during the Contest Period; for any technical malfunction or other problem related to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or for any combination of the above. The Contest Sponsor will not be liable for any injury or damage to a contestant's/entrant's or any other person's computer related to or resulting from participating or downloading any material in the Contest.

The provincial liquor agencies are not connected with this contest in any manner whatsoever, are not liable in any way whatsoever in regards to any matter which relates to this contest.

12. REFERENCES TO OTHER TRADE NAMES: The Contest website may contain references to other company, brand and/or product names. These companies, brand and/or product names are used for identification purposes only and may be trademarks of their respective owners. The images of people or places displayed, forms, structures and graphics displayed or found within the website are either the property of, or used with permission by Big Rock. Big Rock may be, but is not necessarily, sponsored by or affiliated with any owners of the other company, brand or product names appearing on the website, and makes no representations about them, their owners, their products or services.

13. PRIVACY: Unless you provide notice otherwise, the Contest Sponsor may use your name, address and email to send you information by email or regular mail about new products or services or upcoming promotions that the Contest Sponsor thinks may be of interest to you. In addition, contestants' names, addresses and emails may be made available to Big Rock and their respective advertising and promotional agencies whose products and/or services may be of interest to you. If you do not wish to receive notification about the Contest Sponsor's products or services, or if you do not wish to have your contact information made available to these third parties, contact Big Rock via email at contests@bigrockbeer.com Attn: Communications Manager and providing your name and address and indicating that you do not wish your information to be used in this manner. For further information about the Contest Sponsor's Privacy Policy please visit www.bigrockuntapped.com.

14. LIST OF WINNERS: For a complete list of finalists and Grand Prize winners visit the Big Rock Untapped website at www.bigrockuntapped.com beginning November 3, 2008.

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