“YouDiscover Niagara Parks Summer Concert Series”
Contest Entry Rules as at May 22. 2009
1. CONTEST PERIOD
1.1. The “YouDiscover Music Concert Series” Contest (the “Contest”) is run by The Niagara Parks Commission and 4519906 Canada Inc. (collectively, the “Administrator”) and takes place from May 22, 2009 at 12 a.m. (ET) and ends on August 28, 2009 at 11:59 p.m. (ET) (the “Contest Period”).
1.2. The entry period for Submissions (defined below) begins May 19, 2009 at 12 a.m. (ET) and ends June 26, 2009 at 11:59 p.m. (ET) (“Submission Entry Period”).
1.3. The public voting entry periods of the Contest are as follows:
1.4. “Round One Voting Period” begins May 19, 2009 at 12 a.m. (ET) and ends on June 26, 2009 at 11:59 p.m. (ET).
1.5. “Round Two Voting Period” begins July 15, 2009 at 12 a.m. (ET) and ends August 28, 2009 at 11:59 p.m. (ET).
1.6. Round One Voting Period and Round Two Voting Period collectively being referred to herein as “Voting Periods”.

2. ELIGIBILITY
2.1 The Contest is open to all individuals who: (i) are legal residents of Canada (not including Quebec) and the State of New York (ii) have reached the age of majority in the provinces and territories of Canada and in the State of New York as of the date of entering the Contest; (iii) are eligible to travel within Canada and the United States and possess valid travel documentation which shall include a valid passport; and (iv) must NOT currently have a record deal or be entered in negotiations for a record deal. For minors, please see section 7.7.
2.2. Employees of the Niagara Parks Commission and 4519906 Canada Inc., as well as members of the immediate family (such as their father, mother, brothers, sisters or children) of such employees, their legal or common-law spouses or any persons with whom such employees reside are not eligible to enter the Contest. For the purposes of the Contest, the “Contest Group” is composed of the Administrator, together with their affiliates, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, Contest sponsors and partners, the judges, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest and their respective officers, directors, employees, agents, and other representatives.

3. ENTRY PROCESS
3.1. There are two ways to enter the Contest:
3.1.1. Artist Entry Process: During the Submission Entry Period, to enter the Contest, you must fully complete the registration form available online at youDiscover.ca (“Contest Site”) which registration form includes a mathematical skill testing question that must be correctly answered, unaided. You must then upload at least 1 band photo, band bio of less than 100 words, three original audio recordings, 2 cover songs (that will not be posted and are for internal purposes only, and at least one digital video (the “Submission”) that meets the Submission Guidelines outlined below then click the “submit” button. Each Submission will be reviewed and approved by the Administrator prior to being entered into the Contest. Once the Submission is approved, one entry into the Contest will be awarded to the entrant. You may enter only once during the Submission Entry Period for each musical act but individual Artists can register multiple times for other separate acts.
3.1.2. Submission Guidelines:
3.1.2.1. the audio recordings must be of the entrant performing 3 non-controlled original songs, submitted in Mp3 format and must be no more than 20 minutes in total running time;
3.1.2.2. the audio recordings must be of the entrant performing 2 cover songs, submitted in Mp3 format and must be no more than 10 minutes in total running time. The cover songs will not be posted on the site;
3.1.2.3. the entrant must submit at least one digital video addressing one or all of the following items. It is preferred that a separate video be submitted for each item:
3.1.2.3.1. Why you should get the play at YouDiscover.ca Summer Concert Series and get a record deal with the Orange Lounge Recordings?
3.1.2.3.2. What is your best road/fan story ever
3.1.2.3.3. Band concert footage or music video
3.1.2.3.4. What have you given up in your life when chasing your dreams to become a star?
3.1.2.3.5. A personal story from band members (for example, their first kiss)
3.1.2.3.6. Other items as posted on the Artist Entry Form.
3.1.3. each video must be no more than 5 minutes in total running time and submitted in one of the following formats: WMV,MPG, MOV or AVI;
3.1.4. each Submission must be recorded in the English language and be intended for family audience viewing. French language submissions are also acceptable.
3.1.5. each Submission must not contain any unacceptable clothing or adornments, or display any corporate/commercial advertising (including, but not limited to corporate logos, brand names, slogans, political, personal and religious statements);
3.1.6. each Submission must not contain any copyrighted works (except for the music and lyrics as set out in (3.1.2.1) above;
3.1.7. by entering this Contest, each entrant (a) consents to the broadcast, publication and/or use, in any medium whatsoever, of the entrant’s entry, name, city of residence, statements, photograph and/or other image or likeness, in whole or in part and as edited, if applicable, as contemplated herein, without payment or compensation of any kind; (b) represents and warrants that the Submission submitted by such entrant complies in all respects with these Contest Rules, including, without limitation, the restrictions on each Submission set forth herein; (c) assigns to and in favour of the 4519906 Canada Inc. all copyright, intellectual property and other rights of any kind in and to each Submission submitted by such entrant and hereby waives, in favour of the 4519906 Canada Inc. and their assignees or licensees, all moral rights of the entrant in each such Submission; (d) acknowledges and agrees that such Submission submitted by such entrant may be edited or modified, in whole or in part, by the 4519906 Canada Inc., in their sole and absolute discretion; (e) releases, indemnifies and saves harmless The Niagara Parks Commission and the 4519906 Canada Inc. and the Contest Group from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by The Niagara Parks Commission and the 4519906 Canada Inc. and the Contest Group, arising out of or in connection with the participation by the entrant in this Contest, any breach by the entrant of the foregoing representations, warranties or agreements or the use, in whole or in part, by The Niagara Parks Commission and the 4519906 Canada Inc. and the Contest Group of any Submission submitted by the entrant in this Contest.
3.1.8. As part of the registration process, you will be required to click where indicated to signify that you accept and agree to be bound by these Contest Rules, including the decisions of the Judges and the Contest Group which are final and binding in all respects.
3.2. Host/Judge Entry Process: During the Submission Entry Period, to enter the Contest, you must fully complete the registration form available online at youDiscover.ca which registration form includes a mathematical skill testing question that must be correctly answered, unaided (“Contest Site”). You must then create a user name that will be publically visible on the Contest Site, upload a personal photo, a bio of less than 100 words, and at least one video (the “Submission”) that meets the Submission Guidelines outlined below then click the “submit” button. Each Submission will be reviewed and approved by the Administrator prior to being entered into the Contest. Once the Submission is approved, one entry into the Contest will be awarded to the entrant. You may enter only once during the Submission Entry Period.
3.2.1. Submission Guidelines:
3.2.1.1. the entrant must submit at least one video addressing one or all of the following items. It is preferred that a separate video be submitted for each item:
3.2.1.2. Why you should be selected as a guest judge at the final concert for YouDiscover.ca Summer Concert Series and host a music web show for YouDiscover.ca.
3.2.1.3. Critical review of a Band profile of uploaded content (video, music, photo, or bio information). Note: entrants can submit multiple reviews for multiple artists.
3.2.1.4. each video must be no more than 5 minutes in total running time and submitted in one of the following formats: MPG, MOV or AVI;
3.2.1.5. Other items as posted on the Host/Judge Entry Form.
3.3. each Submission must be recorded in the English language and be intended for family audience viewing. French language submissions are also acceptable
3.4. each Submission must not contain any unacceptable clothing or adornments, or display any corporate/commercial advertising (including, but not limited to corporate logos, brand names, slogans, political, personal and religious statements);
3.5. each Submission must not contain any copyrighted material;
3.6. by entering this Contest, each entrant (a) consents to the broadcast, publication and/or use, in any medium whatsoever, of the entrant’s entry, name, city of residence, statements, photograph and/or other image or likeness, in whole or in part and as edited, if applicable, as contemplated herein, without payment or compensation of any kind; (b) represents and warrants that the Submission submitted by such entrant complies in all respects with these Contest Rules, including, without limitation, the restrictions on each Submission set forth herein; (c) assigns to and in favour of the 4519906 Canada Inc. all copyright, intellectual property and other rights of any kind in and to each Submission submitted by such entrant and hereby waives, in favour of the 4519906 Canada Inc. and their assignees or licensees, all moral rights of the entrant in each such Submission; (d) acknowledges and agrees that such Submission submitted by such entrant may be edited or modified, in whole or in part, by the 4519906 Canada Inc., in their sole and absolute discretion; (e) releases, indemnifies and saves harmless The Niagara Parks Commission and the 4519906 Canada Inc. and the Contest Group from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by The Niagara Parks Commission and 4519906 Canada Inc. and the Contest Group, arising out of or in connection with the participation by the entrant in this Contest, any breach by the entrant of the foregoing representations, warranties or agreements or the use, in whole or in part, by The Niagara Parks Commission and the 4519906 Canada Inc. and the Contest Group of any Submission submitted by the entrant in this Contest.
3.7. As part of the registration process, you will be required to click where indicated to signify that you accept and agree to be bound by these Contest Rules, including the decisions of the Judges and the Contest Group which are final and binding in all respects. You only need to register once and can enter unlimited Rating Submissions during the Voting Periods by logging in to the Contest Site using the user name and password you provided upon registration. You will receive one entry into the Contest for each Submission you rate.

4. CONTEST ROUNDS & JUDGING
4.1. Round One: All Submissions received during the Submission Entry Period and in accordance with these Contest Rules will be posted on YouDiscover.ca and voted by the public. Visitors to the site and registered entrants can rate an Artist Submission or Judge/Host Submission (“Rating Submission”) through a rating process (rate being defined herein as a number between 1 to 5 (1 is the lowest rate and 5 is the highest rate).
4.1.1. On June 26, 2009, the Submissions will be reviewed and judged by a member panel (the “Round One Judging Panel”) comprised of the Administrator. The Round One Judging Panel will select up to 28 Artist Submissions (“Selected Submissions”) which will move on to Round Two using a scale of 1-5 (1 is the lowest rate and 5 is the highest rate) based on:
4.1.1.1. originality;
4.1.1.2. musical arrangement;
4.1.1.3. band image
4.1.1.4. rated Submissions received during the Round One Voting Period and
4.1.1.5. response to the Submission Guidelines.
Decisions of the Round One Judging Panel are final in all matters relating to this Contest.
4.2. Round Two: Starting July 8, 2009, the Selected Submissions will perform at the Oakes Garden Theatre in Niagara Falls, Ontario Canada (or a such other location to be determined by the Contest Group at their discretion) and perform a minimum of 3 original non-controlled composition songs and a minimum of 2 covered songs in front of a live audience (the “Performance”). The Selected Submissions shall bear all costs associated with travel, accommodation, and performance at Niagara Falls. The Performance will be filmed and original content posted on the Contest Site during Round Two Voting Period for voting by the public. On August 22, 2009, the Selected Submissions will be reviewed and judged by a member panel (the “Round Two Judging Panel”) comprised of representatives from the Administrators. The Round Two Judging Panel will select 4 Selected Submissions (the “Finalists”) which will move on to the final round of the Contest using a scale of 1-5 (1 is the lowest rate and 5 is the highest rate) based on:
4.2.1. originality;
4.2.2. musical arrangement;
4.2.3. stage presence;
4.2.4. rated Submissions received during the Round Two Voting Period;
4.2.5. response to the Submissions Guidelines.
Decisions of the Judging Panel are final in all matters relating to this Contest.
4.3. On August 22, 2009, the Judge/Host Submissions will be reviewed and judged by a member panel (the “Round One Judging Panel”) comprised of the Administrator. The Round One Judging Panel will select one Judge/Host submission which will be a guest Judge/Host in the Final Round using a scale of 1-5 (1 is the lowest rate and 5 is the highest rate) based on:
4.3.1. originality;
4.3.2. musical knowledge
4.3.3. rated Submissions received during the Round One Voting Period and
4.3.4. response to the Submission Guidelines.
Decisions of the Round One Judging Panel are final in all matters relating to this Contest.
4.4. Final Round: On August 28, 2009, the Finalists will perform at the Oakes Garden Theatre in Niagara Falls, Ontario Canada (or a such other location to be determined by the Contest Group at their discretion) in front of a live audience (the “Final Performance”) and a member panel of judges (the “Final Round Judging Panel”) comprised of the Administrator and the winner of the Judge/Host Prize. The Final Round Judging Panel will select the winning Final Performance as the Artist Grand Prize winner using a scale of 1-5 (1 is the lowest rate and 5 is the highest rate) based on:
4.4.1. originality;
4.4.2. musical arrangement;
4.4.3. stage presence;
4.4.4. rated Submissions received during the Round Two Voting Period;
4.4.5. response to the Submissions Guidelines.
Decisions of the Final Judging Panel are final in all matters relating to this Contest.

5. PRIZES/DRAWS
5.1. Artist Grand Prize: There will be one Artist Grand Prize available to be won to the winning Finalist consisting of: A production and recording contract and opening spot in the Niagara Falls Live New Year’s Eve show broadcast nationally. The approximate minimum value of the Grand Prize is $35,600.
5.1.1. The winner of the Artist Grand Prize will be selected and announced on the date of the Final Performance set out in Rule 4.4 above. By accepting participation as a Selected Submission and if the Artist is awarded the Artist Grand Prize by the Final Round Judging Panel, the Artist agrees to negotiate in good faith an exclusive recording, production, and distribution agreement with Orange Lounge Recordings.
5.2. Judge/Host Grand Prize: There will be one Judge/Host Grand Prize awarded during the Voting Period, consisting of a trip to Niagara Falls for the August 28, 2009 final show including transportation, hotel, meals and admission to the event. Attendance to the Niagara Falls New Year’s Eve show on December 31, 2009 including a meet and greet session with the bands. The approx. value of each Secondary Prize is $ 5000 CAD.
5.2.1. The winner of the Judge/Host Grand Prize also agrees to perform in good faith and with no fees or remuneration of any kind the position of host for an internet music show that will play on YouDiscover.ca. Production will run from September to December 2009. Actual production dates will be confirmed after September 1, 2009.
5.2.2. Production of the internet music show will take place in Toronto, Ontario Canada. The Administrators will cover the expense of travel, accommodation, and meals for the Judge/Host Prize winner.
5.3. Odds of Winning: The odds of winning either the Artist Grand Prize or the Judge/Host Grand Prize are based on the total number of submissions for the Contest and cannot be estimated at this time.

6. AWARDING OF PRIZES
6.1. Artist Grand Prize: to be declared a winner of the Grand Prize, in addition to meeting the Contest eligibility criteria and otherwise complying with the Contest rules, must fully execute the Administrator’s form of release and provide it to the Administrator on the date of the Final Performance set out in Rule 5.1 above. The winning entrant must answer the following skill testing question by telephone: 2 * (18-4) + 4 = ?.
Judge/Host Prize: to be declared a winner of a Judge/Host Prize, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Contest rules, first be reached by email/ telephone by the Administrator or its representatives within 3 business days immediately following the selection of the Rating Submission and sign and have witnessed the Administrator’s form of release and return it to the address indicated on the release form within 3 business days following its delivery by the Administrator or its representatives. The winning entrant must answer the following skill testing question by telephone: 2 * (18-4) + 4 = ?.
6.2. Disqualification: If any one of the conditions mentioned above is not met, the selected entrant will be disqualified and shall not be entitled to receive any prize, and the Administrator reserves the right, in its sole and absolute discretion, to select at random another eligible entrant as a potential prize winner.

7. GENERAL TERMS and conditions
7.1 Verification of Entries: The validity of any entry into the Contest is subject to verification by the Administrator. Any illegible, incomplete or fraudulent entries will be disqualified. Any entrant or other individual who enters or attempts to enter the Contest in a manner which is contrary to these official Contest Rules or which is otherwise disruptive to the proper operation of the Contest or by its nature is unjust to other entrants or potential entrants will be disqualified. All decisions made by the Administrator or their representatives, including without limitation those concerning the eligibility or disqualification of entrants, are final and binding without right of appeal. All entries become the property of the Administrator and none will be returned.
7.2 Acceptance of Prizes: All prizes must be accepted as described in these Contest Rules and cannot be returned, transferred to another individual, substituted for another prize or exchanged in whole or in part for money, except as set out in Rule 7.3 below. All prizes shall have no cash surrender value.
7.3 Substitution of Prizes: The Administrator reserves the right, in their sole and absolute discretion, and for any reason whatsoever, to substitute for any prize, or part thereof, another prize of equivalent or greater value, including without limitation a cash award.
7.4 Number of Prizes/Winners: By entering the Contest, each entrant acknowledges that the Administrator shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these official Contest Rules. In the event that, for any reason whatsoever (including without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by entrants is greater than the number of prizes available, the Administrator reserves the right, in their sole discretion, to end the Contest in whole or in part, without notice,
7.5 Other Changes to Contest Rules: Without limiting the provisions of Rule 7.4 above, the Administrator reserves the right, in their discretion, to modify, cancel, terminate or suspend the Contest, in whole or in part, in the event of any cause or circumstance, including without limitation any virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of the Administrator, that could corrupt or affect the administration, security, impartiality or normal course of the contest.
7.6 Release and Exclusion of Liability: By entering or attempting to enter the Contest, each entrant and/or purported entrant agrees: (i) to release, discharge, and forever hold harmless the Contest Group and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the contest, compliance or non-compliance with these contest rules and acceptance and use of the prize; and (ii) if selected as a potential winner, to sign the Administrator’s release documentation in this regard before receiving his/her prize. The Contest Group and their shareholders will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Contest Site during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting death, injury or damage to any person or property arising from, or relating to, that person’s or any other person’s participation or attempted participation in the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
7.7 Minors: Where the selected entrant is under the age of majority in his/her province of residence or a resident in the State of New York, a parent or legal guardian will be required to sign a release form stating that he/she releases the Administrators from any and all liability of any kind arising out of his/her participation in, and use of, a prize, and authorizes the Contest Group and their advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his/her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
If a minor is selected as one of the Selected Submissions or as the winner of the Artist Grand Prize or Judge/Host Prize, the entrant’s parent or legal guardian will accompany the entrant to Niagara Falls, Ontario and be responsible for their care and supervision at all times while on site.
7.8 Name/Image of Winners: By entering the Contest, each winner authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
7.9 Communication with Entrants: No communication or correspondence will be entered into with entrants, other than with entrants who are selected as potential prize Winners.
7.10 Applicable Law: The Contest and any disputes arising there from, shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada and is void where prohibited by law. If any provisions of these Entry Rules is found by any court of competent jurisdiction to be uneforceable, all other provisions will remain in full force and effect.
7.11 Personal Information: The personal information gathered about entrants in connection with this Contest will be used solely for the administration of the Contest. No communication unrelated to the Contest, commercial or otherwise, will be sent to the entrant, unless the entrant has otherwise authorized the Administrator or the Contest Group, as the case may be, to do so. By entering the Contest, each entrant consents to the Administrator’s Collection, use and disclosures of the personal information provided in Contest entries for the administration of the contest and in aggregated, non-personal form in order to create reports regarding Contest entrant demographics.
7.12 Identity of the Entrant: For the purposes of these rules, the entrant is the person whose name is submitted as the entrant. It is to this individual that the prize will be awarded if selected and declared as the winner.