Welcome to the Canadian Olympic Committee’s Athlete Advertising Waiver System (the “Platform”).
These terms of service (“Terms”) are a legal agreement between you and the Canadian Olympic Committee (“COC”, “we” or “us”) governing your access to and use of the Platform. Please read these Terms carefully before using the Platform. Using the Platform indicates that you accept and agree to be bound by the Terms. Do not use the Platform if you do not accept the Terms. You may be asked to agree to additional terms during the course of your waiver application process (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms shall govern.
By using the Platform, you are representing and warranting that:
1. COC Athlete Advertising Guidelines for PyeongChang 2018
Rule 40 of the Olympic Charter, which governs eligibility for participation at the Olympic Games, restricts the use of the name, image, voice, likeness or sports performance of an athlete, coach, trainer or official participating in the Olympic Games (a “Participant”) for advertising purposes during the period of the Olympic Games (the “Games period”). As established by the International Olympic Committee (“IOC”), the Games period for the PyeongChang Olympic Winter Games is February 1 – February 28, 2018. Participants may only be featured in advertising during the Games period upon the receipt of a Rule 40 waiver from the IOC or relevant National Olympic Committee.
The COC’s Athlete Advertising Guidelines for PyeongChang 2018 can be found here .
2. Approval Process
i. General Guidelines. The COC’s Commercial Affairs department will review all submissions for compliance with the qualification criteria described in the COC’s Athlete Advertising Guidelines for PyeongChang 2018, as determined by COC in its sole discretion.
ii. Specifications.The COC Athlete Advertising Waiver System User Guide, which can be found here , lists the acceptable formats for uploading your campaign media to the Platform. Please note that the maximum file size is 250 MB.
iii. Deadlines and Deliverables
September 1, 2017: Submission Deadline
b. Review and Approvals
i. All submissions will be reviewed by the COC’s Commercial Affairs department on a rolling basis. While the COC will use reasonable efforts to review and either approve or reject submissions, or provide comments or request revisions regarding submissions, within ten (10) days of receipt of such submissions, we make no guarantee as to our ability to do so within such period of time. The COC’s Commercial Affairs department has final decision-making authority with respect to approving submissions and granting waivers therefor.
ii. All communications, including notification of an approval, rejection, or request to revise, will be made via the Platform. You will receive an email from us when a new notification or message has been posted to your Account (defined below).You are responsible for regularly monitoring your Account for communications and cannot rely on the receipt of emails for new notifications or messages.
iii.COC reserves the right to reject any submission made herein or to require additional revisions prior to approval. If you do not revise and re-submit the tactic as requested, the waiver will not be granted, and the tactic may not be published or distributed during the Games period.
iv.COC reserves the right to revoke any previously issued waivers for cause, including but not limited to failure to comply with IOC and/or COC policies or guidelines, including these Terms.
Please note that the COC will review your submissions solely for compliance with the COC’s Athlete Advertising Guidelines for PyeongChang 2018 as well as other applicable IOC and COC marketing and brand use rules and guidelines. The COC does not and cannot review your submission for compliance with any other laws, regulations or policies. All tactics should be reviewed by a lawyer for compliance with all applicable laws, regulations, and policies.
3. Your Account
a. Your Account. You will need to register for an account (“Account”) on the Platform in order to submit any campaign media and tactics for approval.
b. Restrictions on Use
i. You agree not to use any false, inaccurate or misleading information when registering for and/or when using your Account.
ii. If we disable your Account, you will not create another one without our permission.
iii. You will keep your contact information accurate and up-to-date.
iv. If you create an Account on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms.
v. You cannot transfer your Account to another user or entity.
vi. To protect your Account, keep your Account details and password confidential. You are responsible for all activity that occurs under your Account.
4. Representations and Warranties
Each person and/or entity making any submissions via the Platform (“Representative”) represents, warrants and covenants that:
a. The execution of these Terms and the activities contemplated are within its powers and authority.
b. Its performance of these Terms will not result in a violation of any agreement or other contractual obligation by which it is bound.
c. It will comply with all applicable federal, provincial and local laws which are relevant to its performance of its respective obligations under these Terms.
d. It has entered into a written agreement with Participant that permits Representative to use Participant’s name, image, voice and/or likeness for any and all purposes described in the submissions, tactics, and campaign media and it is solely responsible at all times for any such use of that Participant’s name, image, voice and/or likeness.
e. It has all necessary licenses and clearances to use the content contained in the submissions for any and all intended purposes of the submissions, tactics and campaign media (i.e. including any music, composition, recording, image and other intellectual property rights).
f. If its relationship with a Participant terminates, Representative will notify COC immediately and withdraw any pending submissions relating to that Participant and will cease to use that Participant’s name, image, voice and/or likeness for any purpose whatsoever.
g. It will not, without COC’s prior written consent in accordance with the present Terms and any Additional Terms, publish, distribute or otherwise make publicly available any campaign media, tactic or submission featuring any Participant during the Games period.
5. Platform Availability
We strive to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the COC is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your submissions or communications from us. Please immediately report any such disruption or loss to email@example.com.
6. Disclaimer of Warranties, Limitation of Liability, Indemnification
a. Disclaimer of Warranties
COC, AND OUR VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PLATFORM ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE PLATFORM. COC DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE ON THE PLATFORM, NOR DOES IT GUARANTEE ANY RESULTS FROM ITS USE. WITHOUT LIMITING THE FOREGOING, COC SHALL HAVE NO LIABILITY FOR THE REVIEW, REJECTION OR APPROVAL OF A SUBMISSION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS OR DISCLOSURE WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
b. Limitation of Liability
EXCLUDING ANY INDEMNITY OBLIGATIONS OR DAMAGES THAT RESULT FROM A REPRESENTATIVE’S INTENTIONAL MISCONDUCT, NEITHER OF THE PARTIES WILL BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Representative will indemnify, defend and hold COC, its officers, directors, employees, agents and volunteers, harmless from and against any and all claims, suits, actions, damages, liabilities, judgments, losses, assessments, interest charges, penalties, costs and expenses (including, lawyer fees and disbursements) arising out of or relating to Representative’s acts and omissions hereunder.
7. Proprietary Rights
a. Platform Content
You acknowledge that all copyrights and other intellectual property rights in the Platform (collectively, the “COC Content”) are owned by the COC or its third-party licensors to the full extent permitted under the Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the COC Content.
b. Trademarks and Official Marks
For information on the COC’s trademarks and official marks, please review the COC Olympic Brand Use Guidelines, located here .
a. Information We Collect
Information You Give Us
When you interact with our Platform, you may provide information that could reasonably be used to contact you, or to identify you personally, or that otherwise relates to your person (“Personal Information”), such as:
Information We Automatically Collect or Receive When You Use Our Platform
Whenever you interact with our Platform, we, as well as any of our third-party service providers, may use a variety of technologies that automatically or passively collect information about how the Platformis accessed and used (“Usage Information”). Usage Information may include, among other things:
Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.
b. How We Use the Information We Collect or Receive
We use the information we collect and receive for the following general purposes:
c. How We Share the Information We Collect and Receive
We are committed to maintaining your trust, and we want you to understand how we may share the information we collect.
d. Your Choices
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platform, you may edit your registered user information. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platform. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
e. Data Security
We have adopted security procedures to help protect against loss, misuse, and unauthorized access to the information we collect and receive. Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot guarantee or warrant the security of any information you disclose or transmit to our Platform and cannot be responsible for the theft, destruction, or inadvertent disclosure of information.
You are responsible for maintaining the confidentiality of your account password and for any access to or use of the Platform using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
9. Dispute Resolution; Arbitration
This section applies to any dispute you have with the COC.
a. Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the Province of Ontario and applicable federal laws of Canada, without giving effect to their principles of conflicts of law. By using the Platform, you waive any claims that may arise under the laws of other provinces, countries, territories or jurisdictions.
b. Notice of Dispute.For any problem or dispute that you may have with the COC, you acknowledge and agree that you will first give the COC an opportunity to resolve your problem or dispute. This includes you first sending a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by mail to the Legal Department, Canadian Olympic Committee, 21 St. Clair Ave. E, Suite 900, Toronto, ON, Canada M4T 1L9. You then agree to negotiate with the COC in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the COC’s receipt of your Notice of Dispute, you agree to the further dispute resolution provisions below.
c. Binding Arbitration.If a problem or dispute you have with the COC is not fully and finally resolved within the timeframe set out above, or if you breach any of the Terms of this agreementand fail to remedy the breach upon notice of suchbreach byCOC, the dispute or breach will be referred to and finally resolved by arbitration under the ADRIC Arbitration Rules of the ADR Institute of Canada, Inc. (the “Institute”), by a single arbitrator appointed in accordance with those Rules, to the extent that the Rules do not conflict with this section.If the Institute is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act, 1991 (Ontario). The place of arbitration will be Toronto, Ontario and the language used in the arbitration will be your choice ofeitherEnglish or French. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes or breaches of these Terms will be resolved before a neutral arbitrator whose decision will be final and binding.
d. Consolidation Waiver. Any arbitration to resolve anydispute will be conducted solely on an individual basis. Neither you nor the COC will seek to have the arbitration combined or consolidated with other arbitrations without the prior written consent of all parties to all affected arbitrations.
e. Disputes Must Be Filed Within One Year. To the extent permitted by law, any dispute under these Terms must be filed within one year in an arbitration proceeding. The oneyear period begins when the Notice of Dispute first could be filed. If a dispute is notfiled within one year, it ispermanently barred.
a. Electronic Communications. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all notice and other communications via the Platform.
b. Platform Use. You may use the Platform solely in connection with providing us with your submissions. You may not do anything that could disable, overburden, or impair the proper working or appearance of the Platform, such as uploading viruses or other malicious code.
c. Changes to these Terms. We may change these Terms at any time, and we willinform you through the Platform when we do. Using the Platform after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Platform and close your Account.
d. Force Majeure. COC will not be liable for any delay or default in the performance of its obligations if such delay or default is caused by conditions beyond its reasonable control, including fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures or acts of God (collectively, "Force Majeure").
e. No Assignment.These Terms or any approvals granted via the Platform may not be sold, assigned, or transferred to a third party without first obtaining the written consent of the COC. Any sale, assignment or transfer prohibited hereunder shall be null and void.
f. No Waiver. Failure of COC to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision.
g. Entire Agreement.These Terms contain the entire agreement between the parties relating to the subject matter hereof, and no change or modification of any of its provisions shall be effective unless made in writing and signed by both parties.
h. No Joint Venture.Nothing in these Terms shall constitute a partnership, joint venture or agency between the parties.
i. Survival. Any provision of these Terms that expressly or by implication is intended to come into or remain in force on or after termination will continue in full force and effect notwithstanding any such termination.
Last Updated: May 1, 2017.