SnowSeekers Fresh Trax Rules & Regulations

SnowSeekers™ Fresh Trax program welcomes Alberta and BC bands to join us in the snow this 2010/11 winter season. This initiative is operated by SnowSeekers™ Inc. – an Edmonton, Alberta based new media company who produces snow filled “info-tainment” on Alberta and BC’s winter destinations. That content is distributed via our website at www.snowseekers.ca, our line of smartphone applications, international new media relationships, social media and through SnowSeekers TV – carried via SHAW Communications to four million per week in 33 markets across Canada.

This portion of our website is home to the SnowSeekers Fresh Trax promotion, allowing for registered bands to upload their materials and for registered users, to vote for their favorite. SnowSeekers Inc. has ownership of this promotion.

There are two competitions running at the same time. One surrounding the Vancouver Snow Show, happening September 25-26, 2010 and the other around the Calgary Snow Show November 6-7, 2010.

Upon completion of the band submissions (Vancouver August 19 & Calgary September 30), a short list will be published of 10 bands per city and posted at www.snowseekers.ca/freshtrax for voting. The voters will be able to listen to songs, look at photos, visit your website and ultimately place their vote. Your band will be notified August 20, 2010 (Vancouver) or October 1, 2010 (Calgary) if you have moved onto the voting round. SnowSeekers employees and its colleagues make the decision of who moves onto the voting round.

By making your bands submission you are not entitled to move onto the voting round.

Voting will take place August 19, 2010 through September 20, 2010 for Vancouver and October 1, 2010 through 29, 2010 for Calgary.

Six winning bands -from each city- will receive their invitation to play the Vancouver or Calgary Snow Show based on who has the most votes. They will be notified on September 21, 2010 for Vancouver and October 29, 2010 in Calgary. Should those winning bands schedules not allow them to play the show, then the band with the next closest votes will play the show.

The six winning bands (six Calgary and six Vancouver) will play a 30 minute set during the Vancouver or the Calgary Snow Show. Set times will be confirmed on September 21 (Vancouver) and October 29 (Calgary). Bands are responsible for any costs that arise as part of the gig (accommodation, gear and transportation). On site will be a stage, amps and monitors; however it will be the bands responsibility for gear. The stage will be set up in the beer gardens of the snow show next to the Jib Jam competition.

September 21, 2010 & October 29, 2010 will be the date we declare the grand prize winner of the SnowSeekers Fresh Trax program for either city. That band will play the Snow Show on the Sunday afternoon (September 29, 2010 Vancouver or November 7, 2010 Calgary).

As the grand prize winner, your band will be offered the opportunity to play a gig on stage in Whistler from the Vancouver promotion and Banff for those in Calgary. This prize pack will include:

• Two nights’ accommodations with a bed for each member (at a three or four star hotel/resort)
• Two days lift tickets for your band members
• Full ski/snowboard rentals should be required
• A gig on stage in a Whistler or Vancouver pub - filmed as you will appear on SnowSeekers TV

Not included: transportation, food & alcohol

Voters

Those who place a vote during SnowSeekers Fresh Trax competition will be automatically entered into winning a ski/snowboard trip for two – Vancouver to Whistler, Calgary to Banff.

This prize pack will include:

• Two nights’ accommodations in a room with two beds (at a three or four star hotel/resort)
• Two days lift tickets for two people
• Full ski/snowboard equipment rentals should be required
• The opportunity to “co-host” the interview of the band for SnowSeekers TV and/or write a review of the band’s gig for www.snowseekers.ca

Not included: transportation, food & alcohol

The voter wins the opportunity to visit the destination at the same time of the band and SnowSeekers TV crew.

Any band, voter or participant of this SnowSeekers Fresh Trax Program is agreeing to the contests rules & regulations.

1. Acceptance of Rules & Regulations

IT IS IMPORTANT THAT YOU READ THESE rules & regulations to SnowSeekers Fresh Trax which constitute an agreement between you and SnowSeekers Inc. setting forth the legally binding terms governing your use of the Website and your participation in the contest. "Use" of the Website refers to any activity by either a Visitor (someone who is just browsing the Website) or a Member (someone who has become a "Voter" or a "Band" by registering on the Website, and thereby set up an "Account"). By using the Website, you are indicating your acceptance to be bound by the Terms of Use. If you do not accept any term or condition found in these Terms of Use, do not access or use this section of the Website. SnowSeekers may revise these rules at any time by updating this posting. Any changes to the rules & regulations will be effective as of the date such revisions are posted on the Website. Use of the Website after such changes are posted will signify your agreement to the revised terms.

2. Eligibility

In British Columbia all participants, including the bands and voters must be over 19 years of age. In Alberta all participants, including the bands and the voters must be over 18 years of age. ID will be requested for prize acceptance. By becoming involved in this contest, you represent and warrant that you are 19(BC)/18(AB) years of age or older.

3. Registration

In becoming a Member, creating a Profile, or using certain Services, you may be required to register with the Website and create an Account. In so doing, you represent and warrant (i) that all registration information you may submit is truthful and accurate, and (ii) that you will maintain the accuracy of such information.

4. Prizing

With acceptance of the prize, you are agreeing to waive all liabilities. SnowSeekers or its affiliates, and their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, cannot be held accountable for any injury, death or hardship that may result from your acceptance of such prize.

5. Posting Content

You will be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content on your Profile ("Submitted Content"). You understand and acknowledge that Submitted Content is solely your responsibility, and that the posting of Submitted Content is subject to these Terms of Use, the following terms ("Submission Rules"), and any additional terms posted in connection with a specific Service, where applicable:

i. No illegal, infringing or abusive messages. You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive of any person or group, that promotes, hate, racism, bigotry, physical harm of any kind against any person or group, could be harmful to minors, that is pornographic, violent, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or that is otherwise objectionable or inappropriate as determined by SnowSeekers Inc in its sole discretion.

ii. No Violations of Third Party Rights. You agree not to post any Submitted Content that is not original, created by you, or that will otherwise violate or infringe the rights of others. You may not post Submitted Content that constitutes an invasion of privacy or publicity rights, that is protected by any intellectual property rights other than your own, including, without limitation, copyright, patent, trade secret, trade-mark or other rights herein, or derivative work with respect thereto, without first obtaining permission from the rights holder.

iii. No Commercial Use. The Website is for the personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by SnowSeekers Inc. You are not permitted to make use of the Website to collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of your Account. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

iv. No Viruses, Corrupting Files or Interference. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by SnowSeekers or as embedded in the Submitted Content unless expressly authorized in writing by SnowSeekers.

v. Use of Password/Account Information. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You may not share or transfer a password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password, and will inform SnowSeekers immediately if you suspect any unauthorized use of your account.

vi. No SPAM. You will not post or transmit any junk mail, chain letters, unsolicited mass mailing or spam in or through the Website.

6. Monitoring/Removal of Content

SnowSeekers has the right, but not the obligation, to monitor the content of the Website, including the Submitted Content, to determine compliance with these Terms of Use and any operating rules established by SnowSeekers, and to satisfy any law, regulation, court or authorized government request. SnowSeekers shall have the right, in its sole discretion, to edit, refuse to post or remove any Submitted Content without a User's permission, which, in SnowSeekers’ sole discretion, violates these Terms of Use. SnowSeekers assumes no responsibility or liability any material posted in contravention of this provision.

7. Proprietary Rights in Submitted Content

Submitted Content remains the property of the User who posted the Submitted Content, and is only used by SnowSeekers Inc. under license, or made permissible under other applicable law. After posting Submitted Content, you continue to retain all ownership rights in the Submitted Content and to have the right to use the Submitted Content in any manner you may choose. By displaying or publishing ("posting") Submitted Content on or through the Website, the User grants to SnowSeekers a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display the Submitted Content for any purpose, and to (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights. This license includes the right to host, index, cache, distribute, and tag any Submitted Content. In addition, you hereby (i) agree to waive all moral rights in and any Submitted Content in favour of SnowSeekers, and (ii) consent to your name and email address appearing as the contributor of any Submitted Content, where applicable, and to the disclosure and/or display of such information and any other information that appears in or is associated with Submitted Content. Without obtaining this license from you, SnowSeekers would not be able to provide the Services.

8. Representations and Warranties of User

You represent and warrant that (i) you own the Submitted Content posted by you on or through the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of the Submitted Content by you on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

9. Indemnification by User

You agree to defend, indemnify, and hold SnowSeekers, its affiliated companies and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use the Website or the Submitted Content, including without limitation your violation of any representation or warranty, or other term or condition of these Terms of Use. SnowSeekers reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Proprietary Rights in Website Content

As between SnowSeekers and a User, any content posted on this Website, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing, other than the Submitted Content (the "SnowSeekers Content"), is the property of SnowSeekers and/or its licensors, or the party accredited as the owner of any such content, and is protected under Canadian and foreign copyright, or other, laws. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in, or associated with, the SnowSeekers Content on this Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any SnowSeekers Content or any Submitted Content (other than your own). Any breach of this provision is prohibited without the express written consent of SnowSeekers.

11. Reporting Breaches of terms of Use

If you become aware of a violation of any provision of these Terms of Use by any person, please click on the Report Inappropriate Content link at the bottom of the Website. If you are a trade-mark or copyright owner and you believe that your intellectual rights have been violated, or if you believe that any Submitted Content includes infringing material, please go to our Report Inappropriate Content link. While SnowSeekers is under no obligation to investigate complaint regarding any Submitted Content, it may, in its sole discretion investigate complaints and take any action it deems appropriate in the circumstances, including, without limitation, removing the Submitted Content in question from the Website and terminating any Member's account or User's access, as deemed appropriate.

12. Term and Termination

This Agreement shall remain in full force and effect while you use the Services. An Account may be terminated at any time, for any reason, by following the instructions on the "Account" tab of the Member's "Settings" page. SnowSeekers may, at any time, and without notice, terminate your right to access or use the Website (or any portion thereof) if, in SnowSeeker’s sole discretion, you have breached any of the Terms and Use or provision of the accompanying Privacy Policy. SnowSeekers assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access a User's access to the Website.

<>b13. Declaimer of Warranties

This Website and all of its content is provided AS IS. By using the Website, you acknowledge and agree that use of the website and the content is entirely at your own risk. SnowSeekers makes no representations or warranties regarding the website and the content, including, without limitation, any representation or warranty (i) that the Website contains accurate, complete, reliable information that is suitable or timely, (ii) that any content, including any information, data, software, product or service contained in or make available through the Website will be uninterrupted or merchantable or fit for a particular purpose, iii) that the operation of the Website will be uninterrupted or error free, iv) that defects or errors in the Website will be corrected, v) that the Website will be free from viruses or harmful components, and vi) that communications to or from the Website will be secure or not intercepted.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SNOWSEEKERS OR ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF SNOWSEEKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. Third Party Websites

The Website contains links to websites operated by third parties (the "Third Party Sites"). Links to Third Party Sites are provided solely as a convenience to you, and do not reflect any endorsement by SnowSeekers of the contents of any Third Party Site. SnowSeekers is not responsible for the content of any Third Party Site, nor does it make any representation or warranty of any kind regarding any Third Party Site, including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any Third Party Site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through a Third Party Site; or (iii) any representation or warranty that the operation of the Third Party Site will be uninterrupted or error free, that defects or errors in such Third Party Sites will be corrected or that Third Party Sites are and will be free from viruses or other harmful components. While SnowSeekers encourages links to Third Party Sites, it does not wish to be linked to or from any Third Party Site that (i) contains, posts or transmits any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of SnowSeekers or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. SnowSeekers reserves the right to prohibit or refuse to accept any link to any website that contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the any such website upon the request by SnowSeekers.

16. Governing Law and Jurisdiction

This Agreement shall be construed in accordance with the laws of the Province of Alberta, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Website shall be filed only in the courts of the Province of Alberta or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

17. General

Any consent by SnowSeekers to, or waiver of, a breach of these Terms of Use that you have committed, whether express or implied, shall not constitute consent to, or waiver of, any other different or subsequent breach. You may not assign or transfer these Terms of Use or any right or obligation hereunder. If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force. These Terms of Use are not intended to create a partnership, joint venture or agency relationship between the parties. Except for any agreements with SnowSeekers that expressly reference these Terms of Use, this is the entire agreement between you and SnowSeekers relating to the matters contained herein.