Warner Music Canada Signs Basketball Superstar Chris Bosh

CHRIS BOSH SONG CONTEST

THE CHRIS BOSH SONG CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY, EXCLUDING THOSE RESIDING IN THE PROVINCE OF QUEBEC. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. ELIGIBILITY. To be eligible for this Contest, an individual (the “Entrant”) must:

a) be a legal resident of Canada, excluding residents of the province of Quebec;

b) be of the age of majority in his/her province or territory of residence or older at the time of entry; and

c) (i) be the sole owner or control, throughout the world, all right, title and interest in the sound recording(s) (the “Master”); (ii) have paid all recording costs incurred in the production of the Master; (iii) be responsible for all third party clearances required for Sponsors to utilize the Master as contemplated herein, including securing the mechanical license(s) for the underlying musical composition(s) embodied in the Master; (iv) not be party to any Recording Agreement (as such term is generally understood in the music industry) or other agreement with a third party granting rights or interests in the Master or Entrant’s recording services; and (v) not have commercially released the Master, licensed the Master for commercial release, or authorized any third party to do any of the foregoing, and shall not do so, prior to the expiration of the Exclusive Period defined in Paragraph 3(f) below.

Employees of Warner Music Canada Co. (“Warner”), Max Deal Technologies Canada Inc. and Chris Bosh (all three collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of the Contest Rules, “immediate family" means husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD. The Contest begins at 8:00 p.m. Eastern Standard Time (“EST”) on June 8, 2009 and ends at 1:00 p.m. EST on July 31, 2009 (the "Contest Period").

3. HOW TO ENTER.

a. There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means.

www.chris-bosh.com

“Contest Website”

b. Entrant must submit the entry form together with one (1) Master. The Master must be submitted in MP3 format ONLY. MP3 files that cannot be played on the equipment used by the Sponsors will be disqualified. The Master submitted must be clearly identified and accompanied by the Master title and the Entrant’s name and contact information, including address, telephone number and e-mail address.

c. By submitting an entry in this Contest, Entrant represents and warrants that: (i) the Master does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Master is original to the Entrant and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Sponsors to use the Master as contemplated by these Contest Rules; and (iii) the Master does not infringe upon the intellectual property or other statutory or common law rights of any third party.

e. Limit of two (2) entries per recording artist and e-mail address. In the case of excess entries per artist or e-mail address, only the first two (2) eligible entries will be considered.

f. Entrant hereby grants exclusive rights to the Master to the Sponsors until the Grand Prize Winners are officially confirmed (the “Exclusive Period”). The entries, including the Masters, will not be returned for any reason. Subject to paragraphs (g) and (h) below, and notwithstanding the foregoing, if the Master is not selected as a Grand Prize Winner (as described below), all rights to the Master shall revert to the Entrant at the end of the Exclusive Period. The Sponsors reserve the right to refuse Master submissions at their sole discretion. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with Entrants except with those selected for a Grand Prize.

g. Entrant agrees without further compensation to grant the Sponsors the unlimited right to exploit the Master in all media in throughout the world for the purposes of promoting and administering this Contest, including, but not limited to, streaming the Master on the Contest Website.

h. Entrant agrees without further compensation to waive any provision of law known as moral rights or "droit moral" and agrees not to institute, support, maintain or permit any action or lawsuit against any person onthe grounds that the Master or any other production by the Sponsors, its licensees or assigns in any way constitutes an infringement of Entrant’s moral rights or “droit moral,” is in any way a defamation or mutilation of the Master, or is otherwise prejudicial to Entrant’s honour or reputation or contains unauthorized variations, alterations, modifications, changes or translations.

i. Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide the Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

4. PRIZES

Grand Prize.

The Grand Prize has a minimum value of Five Hundred Canadian dollars ($500.00 CAD).

b) The Grand Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. If the potential Grand Prize Winner elects not to accept the Grand Prize as awarded, the Grand Prize will be forfeited.

5. WINNER SELECTION.

The Grand Prize Winners shall be selected as follows:

c) The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Grand Prize Winner, potential winner shall be required to comply with the Contest Rules and sign and return the Release (described below).

6. RELEASE. Each Grand Prize Winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Grand Prize as offered; (iii) license of all rights in the Master to Warner for the purpose of fulfillment of the Grand Prize; (iv) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (v) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt, record, and otherwise use or re-use the Winner’s name, approved photograph, approved likeness, approved biography, voice (including but not limited to his/her speaking and/or singing voice), and performance (including but not limited to any and all original musical and/or dramatic works, including the Master if applicable) in any and all media now known or hereafter devised, in connection with the Contest, the Album and the promotion and exploitation thereof. Once approval of the above elements has been granted, it cannot be rescinded. To be declared the Grand Prize Winner, the executed Release must be returned within three (3) business days to Sponsor as indicated on the accompanying letter of notification or the selected potential winner will be disqualified and the prize forfeited.

7. INDEMNIFICATION BY ENTRANT. By entering the Contest, Entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Releasees or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Contest, any breach of these Contest Rules, or in any prize-related activity. The Entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

8. LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to Entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Website.

9. CONDUCT. By participating in the Contest, each Entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at 3381 Steeles Avenue East, Main Level, Suite 100, Toronto, Ontario M2H 3S7 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any Entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions or use and/or general rules or guidelines of any of Sponsors’ properties or services; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

10. PRIVACY / USE OF PERSONAL INFORMATION. By participating in the Contest, Entrant: (a) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (b) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (c) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (a) and (b) above. The Sponsors will use the Entrant’s Personal Information only for identified purposes, and protect the Entrant’s Personal Information in a manner that is consistent with the Warner Privacy Policy at: http://www.warnermusic.ca/privacyPolicy.

11. INTELLECTUAL PROPERTY. Other than as specifically set out above in relation to the Master, all intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations, is owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

12. TERMINATION. Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

13. LAW. These are the official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the Entrant and the Sponsors in connection with the Contest 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.