Welcome to the Big Brother Canada (the “Program”) season four (4) audience voting (the “Voting”). Participation in the Voting is subject to your agreement to be bound by these Rules. BY ACCESSING THE SITE (AS DEFINED BELOW), AND/OR PARTICIPATING IN THE VOTING, YOU AGREE TO BE BOUND BY THESE RULES AND THE DECISIONS OF SECRET LOCATION INC. (“SECRET LOCATION”), INSIGHT BIG BROTHER CANADA LTD. (“INSIGHT”) AND SHAW MEDIA INC. (“SHAW” AND TOGETHER WITH SECRET LOCATION AND INSIGHT, COLLECTIVELY THE “PRODUCERS”).1. ELIGIBILITY.
In order to participate in the Voting, participants (the “Participant(s)”) must have internet access from a computer, tablet or mobile device, using a personal IP address.2. TERMINATION.
These Rules remain in full force and effect while you visit bigbrothercanada.ca (the “Site”) and/or participate in the Voting. You may terminate your use of the Site and/or your participation in the Voting at any time, for any reason, by ceasing all use of the Site. Producers may terminate your access to the Site and/or the Voting at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your access to the Site and/or the Voting is terminated, these Rules will remain in effect.3. VOTING.
At key points in the Program, Participants will be able to vote on major decision(s) that directly impact the outcome of competitions (the “Competition(s)”) which may occur during the Program. Each Voting period (the “Voting Period(s)”) will be announced on-air during the Program and will be open for a set period of time, as indicated during the Program and/or on the Site. To vote, visit the Site during a Voting Period and follow the instructions to submit your vote. Participants may vote as many times as they like per Voting Period.4. LIMITS.
If it is known, or suspected, that a Participant has submitted, or attempted to submit ineligible votes, the Participant's original and additional votes will not be registered and will be deemed void in Producers’ sole discretion.
Any vote that is submitted by a third party, late, fraudulent or incomplete, or that is made or suspected to have been made through automated, scripted, robotic or mechanical means will be void, as determined by the Producers in their sole discretion. If it is discovered that a Participant has engaged, has attempted to engage, or is suspected of engaging in methods designed to affect a Competition or any aspect of the Program in violation of these Rules, all of his/her votes will become void. All votes are subject to verification by Producers. Without limiting the generality of the foregoing, votes that are determined in Producers’ sole discretion to be in violation of these Rules may be discounted as void.5. RIGHT TO VOID/SUSPEND/TERMINATE.
The Producers reserve the right to modify these Rules, in whole or in part, at any time and without notice or obligation, for any reason in their sole discretion. Notification regarding any such change will be posted on the Site. The Producers reserve the right to terminate, suspend or modify the Voting, in whole or in part, at any time and without notice or obligation, for any reason in its sole discretion. Without limiting the generality of the foregoing, if the Voting, or any part thereof, is not capable of running as contemplated by these Rules for any reason, including but not limited to, attempts to manipulate the outcome of the Voting or the outcome of the Program in violation of these Rules, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, technical or mechanical failures, human tabulation errors, or any other causes or occurrences beyond Producer’s control which, in the sole opinion of Producer, have compromised the administration, security, fairness, integrity or proper conduct of the Voting, Producer may, in its sole discretion, void any suspect votes and: (a) terminate the Voting, or any portion thereof, in which event the Producers shall determine the course of the key events in the Program in their sole discretion; and (b) terminate the Voting in whole or in part and continue the Program.6. GENERAL.
By submitting a vote, Participants agree to accept and abide by these Rules and the decisions of the Producers which shall be final and binding on all matters related to the Voting and/or any aspect of the Program, including but not limited to selecting the winner of a Competition. All issues and questions concerning the construction, validity, interpretation and enforceability of the Voting shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
Producers reserve the right in their sole discretion to block any individual from participating in the Voting who has, or is believed to have, intentionally violated these Rules, tampers, attempts to tamper with or is suspected of tampering with the Voting process, the operation of the Site, and/or violates or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE VOTING OR THE PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE PRODUCERS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.7. LIMITATION OF LIABILITY.
By accessing the Site and/or participating in the Voting, each Participant releases and holds the Producers and any person or entity connected with the production, administration or judging of the Program and/or the Competition, and their respective subsidiaries, affiliates, associated or related companies, agents, advertising and promotional agencies and/or representatives, and each of their respective directors, officers and employees (collectively the “Program Entities”) harmless from any and all liability for any injuries, losses or damages of any kind to any person including but not limited to personal injury, death, or property damage arising out of or resulting from participation in the Voting, and/or accessing the Site.
Without limiting the generality of the foregoing, the Program Entities are not liable for: (i) late, lost, delayed, not received, damaged, misdirected, incomplete, stolen, fraudulent, or illegible data or votes (all of which votes shall be automatically void); (ii) telecommunications, transmission, network, electronic, technical or computer failures of any kind, busy signals, traffic congestion on the internet or at any website, malfunctioning of any servers or access providers, inaccurate transcription or reporting of a vote; (iii) errors in any promotional or marketing materials or any other human or electronic error; or (iv) any injury or damage to any individual’s devices, computer, hardware or software related to or resulting from participation in the Voting.8. DISCLAIMER OF WARRANTIES.
USE OF THE SITE AND PARTICIPATION IN THE VOTING IS AT YOUR OWN RISK. THE SITE, THE VOTING AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PROGRAM ENTITIES: (I) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE VOTING; (II) DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE VOTING; AND (III) DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE VOTING, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THAT THE SITE OR THE VOTING ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, OR THAT THE SITE OR THE SITE HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE.9. LIVE FEED DISCLAIMER.
The Site includes live feeds streamed directly from the Big Brother Canada house. Due to the nature of this feed, the Producers cannot control its content. Producers shall not be responsible if any of the content is found to be offensive or inappropriate. Minors should only view the live feed with the consent of their parent or legal guardian. Any views or opinions expressed on the live feeds do not reflect the opinions of the Producers.
The Program is a reality show about a group of people who are under constantly under surveillance during the course of the Program. Views or opinions expressed by the houseguests are those of the individuals speaking and do not necessarily represent the views or opinions of the Producers. By their very nature, live feeds may carry offensive, harmful, inaccurate or otherwise inappropriate material. We expect that you will use caution and common sense and exercise good judgment when viewing live feeds. Viewer discretion is advised.10. COMMENTING DISCLAIMER.
Comments that are publicly posted on the Site represent the views and opinions of their author and are not representative in any way of the views and/or opinions of the Producers. Comments are occasionally moderated, however the Producers have no obligation to monitor the Site’s comment feed. Comments that include offensive language, personal attacks, unsubstantiated allegations or racist, derogatory or defamatory remarks are not allowed. Comments will appear immediately but may be removed for any reason, as determined by the Producers in their sole discretion. By their very nature, comment feeds may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise good judgment and discretion when using comment feeds. By submitting a comment, you acknowledge that the Producers have right to reproduce, broadcast and/or publicize the comment or any part thereof in any manner whatsoever. By commenting, you acknowledge that you have reviewed, understand and agree to Shaw’s Terms and Conditions: http://www.shawmedia.ca/TermsAndConditions.aspx and the Facebook Community Standards.11. INTELLECTUAL PROPERTY RIGHTS.
The Site, its content and the Voting are protected by the provisions of the Copyright Act and all other applicable intellectual property laws and are the property of one or more of the Program Entities or their licensors. All rights are reserved. Any copying, reproduction, modification, publishing, transmission, distribution or other use of this content without the prior written consent of the Producers is strictly prohibited, except as is expressly permitted.12. THIRD PARTY LINKS.
The Site may contain links to external, third party websites, including but not limited to websites related to Program-related contests or third party advertisers. These links are provided solely for your convenience. The inclusion of a link does not mean that Producers approve, endorse or recommend the content on such external, third party websites. Producers have no control over and have no responsibility for the content of these external, third party websites, or the privacy practices of such websites.13. SEVERABILITY.
If any provision of these Rules are held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect.14. NO WAIVER.
No waiver of any of these Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.15. SOCIAL MEDIA.
The Voting is in no way sponsored, endorsed or administered in any way by any social media platforms on which the Voting may have been promoted and/or publicized. Any enquiries regarding the Program, Voting and/or Site must be directed to Shaw and not directed to a social media platform.