Program Rules

WNBA TORONTO – CALL FOR INSPIRATION PROGRAM RULES (the “Program Rules”)

1) PROGRAM: The WNBA Toronto Call for Inspiration Program (the “Program”) is a program that asks Canadians to submit and share their ideas, names, stories, photos, videos, voice memos, colour preferences, and more (an “Entry”), in support of developing the name and identity of the WNBA Toronto team.

2) PROGRAM PERIOD: The Program begins on [Thursday, August 8th, 2024, at 8:00 am Eastern Time (“ET”) and ends on Wednesday August 28, 2024, at 11:59pm ET] (the “Program Period”).

3) PROGRAM SPONSOR and PARTIES: Toronto WB Inc. (the “Program Sponsor”), WNBA Enterprises, LLC (“Enterprises”), and their respective parent, subsidiary, affiliates or related companies and/or, if applicable, any advertising or promotional agencies, or any other company or individual engaged in the provisions of goods and services related to this Program are collectively referred to as the “Program Parties”.

4) ELIGIBILITY: The Program is open to legal residents of Canada, who are the age of majority or older in their province or territory of residence at the time of entry

5) ENTRY PERIOD: Eligible entrants may submit an Entry for the Program during the Program Period.

6) TO ENTER: There is no limit of Entries per person during the Program Period.
No purchase necessary. You may submit an Entry to the Program at any time during the Program Period, by submitting any words, names, design, idea or sketch to www.nameyourteam.ca, or 833-662-3664 in accordance with the instructions set out on the Program website (the “Program Website”) available at: www.nameyourteam.ca/program-rules

7) ENTRY CONDITIONS:

Each Entry must:

a) be in English and/or French;

b) not contain any content that depicts explicit sexual content, or that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hateful, racially, ethnically or otherwise offensive or objectionable, as determined by the Program Sponsor in its sole discretion; and

c) not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;

The items identified above in (a) through (c) are collectively referred to as “Entry Conditions”.

The Program Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Program. All personal and other information requested by and supplied to the Program Parties for the purpose of the Program must be truthful, complete, accurate and in no way misleading. The Program Sponsor reserves the right to review any Entry at any time during the Program Period for compliance with these Program Rules and the Entry Conditions and to take such action as it deems appropriate, including removing any posted Entry and/or choosing not to consider any Entry in the Program Sponsor’s sole discretion. Any such review or result thereof shall not relieve you from responsibility for compliance with these Entry Conditions and Program Rules.

You acknowledge that you will receive no additional consideration, compensation or residuals (aside from the opportunity to submit an Entry) or credits or other acknowledgements in connection with any use, airings, broadcast, publication, reproduction, transmission or other exploitation of the Entry or any excerpts thereof or anything else embodying the Entry

By entering, you agree as follows:

1. you acknowledge that your Entry may be posted on any media chosen by the Program Sponsor in its sole discretion, including without limitation, the Program Sponsor’s website, Program Website and/or any social media, although the Program Sponsor has no obligation to use or post any Entry you submit;
2. you have the right and authority to, and do hereby, grant and assign to Enterprises all rights, title and interest (including all intellectual property rights and proprietary rights), throughout the world and in perpetuity, to all contents of your Entry, including, without limitation, the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, and/or otherwise use all or any part of such Entry in any manner and media whether now known or hereafter devised;
3. you will not have or claim to have any right of any kind whatsoever in the contents of the Entry or challenge Enterprise’s ownership thereof or anything into which the contents of the Entry may be incorporated;
4. you agree that the Program Parties shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your Entry, name, portrait, picture, voice, likeness, image, statements about the Program, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent;
5. you waive any and all moral rights that you may have in and to the Entry;
6. you agree subsequently to execute an affidavit of eligibility as decided solely in the discretion by the Program Sponsor; and
7. you represent and warranty that your Entry does not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased, and you agree to release and hold harmless the Program Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property-related cause of action that relates in any way to the Program Parties’ use of the Entry.

By submitting an Entry, you warrant and represent that:

1. you have all necessary rights, title and interest to the Entry;
2. the Entry does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and
3. publication of the Entry via various media, including without limitation publicly on the Internet, or use of any components of the Entry in connection with the WNBA Toronto team, will not infringe on the rights of any third party.

8) ENTRY USE: All Entries may be used to inspire the name, brand identity and logos of the WNBA team in Toronto, Ontario Canada at the sole discretion of the Program Sponsor. All Entries will be evaluated based on the following criteria:

1. No conflict with existing WNBA teams, or other major sport franchises;
2. Relevance to the Toronto community and culture;
3. Marketability and broad appeal;
4. Feasibility of implementation;
5. Availability of Trademarks; and
6. Any other criteria in the Program Sponsor’s sole discretion.

9) RIGHT TO SUSPEND/MODIFY/TERMINATE: The Program Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, for any reason. The Program Sponsor is not responsible for preemption, cancellation, or interruption, in whole or in part, of the Program.

10) LIMITATIONS OF LIABILITY, INDEMNITY AND RELEASE: The Program Parties will have no liability whatsoever for any liability for losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (“Losses”) to you or any persons or property resulting in whole or in part, directly or indirectly, from participation in the Program. The Program Parties are not liable in the event that any portion of the Program is canceled for any reason.

Without limiting the foregoing, no liability or responsibility is assumed by the Program Parties resulting from: (i) your participation in or attempt to participate in the Program or ability or inability to upload, text or download any information in connection with the Program; or (ii) Program issues, technical problems or technical malfunction arising in connection with any occurrences which may affect the operation of the Program, including, without limitation: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Program Website or Program Sponsor website in whole or in part for any reason; traffic congestion on the Internet or the Program Website or Program Sponsor website; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Program; or any printing, typographical, technical, computer, network or human error which may occur in the administration of the Program, the uploading, the processing of the Entries or in any Program-related materials. Use of the Program Website is at your own risk. The Program Sponsor and the Program Parties are not responsible for any Losses which may be sustained to your or any other person’s computer or video equipment resulting from participation in the Program. By participating in the Program, you agree to release the Program Parties from any and all Losses relating to your participation in the Program and under no circumstances will you be permitted to obtain awards for Losses.

(Not applicable to Quebec residents or where excluded by applicable law)  You hereby waive all rights to claim punitive, incidental, consequential, or any other damages. All causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action.

You shall indemnify, defend, and hold harmless the Program Parties against any and all Losses relating to/arising out of or resulting from any claim of a third party or you arising out of or occurring in connection with your negligence, willful misconduct, or breach of these Program Rules.

Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize the Program Website or interfere with the operation of the Program is a violation of criminal and civil laws, and the Program Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law. You shall not have any right to rescind your agreement to these Program Rules or to any equitable or injunctive relief for any reason in connection with the Program or your Entry.

11) PRIVACY AND PUBLICITY RELEASE: The Program Sponsor and its authorized agents will collect, use, and disclose the personal information provided upon registration and entry into the Program for the purposes of administering the Program, in accordance with the Program Sponsor’s Privacy Policy, available at https://www.wnba.com/toronto/privacy-policy.

 12) GENERAL:

1. (Not applicable to Quebec residents.)  The Program is governed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from, or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario.
2. The Program is subject to all federal, provincial, and municipal laws and regulations. Entries are void where prohibited by law.
3. The Program Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Program Rules for any reason. In the event of any discrepancy or inconsistency between the terms and conditions of these Program Rules and disclosures or other statements contained in any related materials, the terms and conditions of these Program Rules prevail, govern and control to the fullest extent permitted by law.
4. If any portion of these Program Rules is deemed or held to be invalid, illegal, void or unenforceable for any reason by a court of competent jurisdiction, such portion shall be severed from the remaining portions of these Program Rules, which shall otherwise remain in full force.
5. The provisions of these Program Rules, which by their nature should survive the termination of these Program Rules, shall survive such termination.
6. These Program Rules constitute the entire agreement between you and the Program Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Program Rules shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.