The W Expert Search 2010 Rules and Procedures (the “Rules”)

W Network Inc. (“Producer”) presents the “The W Experts Search 2010” (the “Search”).

In these Rules, a submission to the Search, consisting of a completed Submission Form, an original digital video and any original photographs which comply with the applicable provisions of these Rules and the Video and Photo Guidelines along with an accepted Release Form are referred to as a “Search Entry” and collectively as “Search Entries”.  

The eligibility for entering the Search, the judging process for Search Entry and the Final 10 are described below.

1.    Eligibility requirements for the Search

1.1    In these Rules, a person who is eligible to be entered into the Search is called an “Eligible Expert” and all persons who are eligible to be entered into the Search are collectively called “Eligible Experts”.  Up to two (2) individuals may participate as Eligible Experts in a single Search Entry (a “primary” applicant and a “secondary” applicant as set out in the Submission Form) provided that both Eligible Experts comply with these Rules and each agree to the Release Form, defined below.    

1.2    Eligible Experts must be (a) over the age of majority in their province or territory of residence; and (b) Canadian citizens or Canadian permanent residents as of February 1, 2010.  "Age of Majority" is 18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec & Saskatchewan; 19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon.

1.3    Employees (and relatives of employees) of Producer, Corus Entertainment Inc. or any of their respective subsidiary, related, affiliated or parent companies or any sponsors of the Search are not eligible to participate in the Search, nor are individuals (or relatives of individuals) who are connected in any way with the production or the administration of the Search or the judging of the Search Entry.

1.4    Eligible Experts must comply with the following: (a) be legally able to work in Canada; (b) be in Canada for the months of March, April, May and June 2010 and be available for interviews, video sessions and video taping, in accordance with Producer’s directions; (c) feel comfortable appearing on national television; and (d) do not have a criminal record or any pending criminal charges.

1.5    The Final 10, defined below, will be required to consent to a criminal background check, a previous employment check, a references check and verification of any and all information provided to Producer.

1.6    It is a condition of entry and participation in the Search that the Eligible Expert has not entered into any contractual, commercial, sponsorship or other arrangements in respect of his/her area of expertise or performing abilities or in respect of his/her name, likeness, image or biography.

1.7    All Eligible Experts must agree to the Release Form found on the Search website at www.wnetwork.com/expertsearch (the “Website”).

1.8    Eligible Experts shall not wear any clothing bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, or bear any likeness to a character in a movie, musical or play in their submitted video.

1.9    There shall be no music or audio recordings of any kind in the submitted video.

1.10    The submitted video content shall be entirely original to and solely owned by the Eligible Expert.

1.11    All Search Entries will be verified for eligibility in the Search, determined at the sole discretion of Producer.

1.12    Eligible Experts may submit more than one Search Entry.

2.    The Final 10

2.1    Beginning Monday, February 1st, 2010 at 10:00 a.m. Eastern Time (ET) and ending Monday, February 22, 2010 at 12 p.m. (12 noon) ET, Canadians can visit the Website to participate in the Search.  No Search Entries will be eligible for the Search if received after 12 p.m. ET, Monday, February 22, 2010.  Eligible Experts that have complied with these Rules and the Video and Photo Guidelines will have their videos and photos posted on the Website within five (5) business days of receipt of the applicable submission.

2.2    Starting Monday, February 1, 2010 at 10:00 a.m. ET and ending Monday, March 8th, 2010 at 10:00 a.m. ET, Website users are invited to comment on and rate the Eligible Experts’ submitted videos and photos as may be posted on the Website.

2.3    Between Monday, March 8th, 2010 at 10:00 a.m. ET and Monday, March 8th, 2010 at 4:00 p.m. ET, a panel of judges, designated at the Producer’s discretion (the “Panel”) will consider all qualified Search Entries in order to select the top 10 Eligible Experts (the “Final 10”).  The Panel will take into account the Website user comments and ratings, but the Panel has the sole and final decision in the selection of the Final 10.

2.4    The Panel’s selected Final 10 will be contacted by telephone from the Producer’s offices in Toronto, Ontario between Monday, March 8th, 2010 at 4:00 p.m. ET and Monday, March 15th, 2010 at 10:00 a.m. ET.  Should Producer be unable to establish contact with a potential Final 10 by telephone during this period, the potential Final 10 may be disqualified and another Eligible Expert may be selected by the Panel in Producer’s sole discretion and Producer shall be released and discharged from any liability or responsibility to any Eligible Expert in this regard.  

2.5    By Monday, March 22nd, 2010, 5:00 p.m. ET, Producer will announce the Final 10 on the Website.

2.6    Provided they sign the Talent Agreement and Release, to be provided by the Producer, each of the Final 10 will be given the opportunity to (a) participate in further challenges that may or may not be filmed (the “Challenges”); and (b) to appear on Canadian television in Producer’s television program tentatively called “W Experts Search” (the “Program”).  

2.7    Transportation, accommodations and other expenses applicable to the Final 10 appearing in the Program and/or the Challenges will be arranged and provided for by the Producer. The Final 10 will be required to participate in various filming and other commitments in and around Toronto, as determined by the Producer in its sole discretion, currently scheduled to be between March 22nd and June 30th, 2010.

2.8    Each of the Final 10 must also agree to restrictions on their ability to appear on television and other entertainment media prior to and during their performance in the Program, if applicable, or may be disqualified.

2.9    The Producer will not be obliged to notify Eligible Experts not chosen as one of the Final 10.

2.10    The Producer may, at its sole discretion, change the structure, process, timing, duration or any other aspect of the Search or the selection of the Final 10 before or during the Search.

3.    General Rules

3.1    Producer will not be responsible for any Eligible Expert’s inability to access the Website throughout the Search.

3.2    In the event the Eligible Expert requires the appearance of one or more third parties (excluding an Eligible Expert co-applicant, if applicable) in the video submission portion of their Search Entry, each such participant must sign the release form found at www.wnetwork.com/expertsearch (the “Guest Release”) and the Eligible Expert must submit the signed Guest Release(s) to Producer with the Search Entry.

3.3    The Producer reserves the right to change the Rules, the structure, schedule or any other aspect of the Search, the Challenges or the Program at any time, including the termination thereof, without prior notice. Eligible Expert’s contribution to the Search may include additional activities relating to the Search including without limitation web-casts, pod-casts, blogs, video diaries, chat rooms, SMS chats, as well as various interviews, appearances, promotional, publicity, sponsorship and merchandising activities in any and all media as requested by Producer.

3.4    The Producer has the right at any time to require additional proof of identity and/or eligibility.  Failure to provide such proof within a reasonable time could result in disqualification. All personal details and information requested by and supplied to the Producer by each Eligible Expert must be truthful, accurate and in no way misleading. The Producer reserves the right to disqualify any Eligible Expert from any process in its sole discretion should the Eligible Expert at any stage supply untruthful, inaccurate or misleading personal details and/or information or should the Eligible Expert be ineligible to continue as an Eligible Expert.

3.5    The Producer will have no liability to an Eligible Expert who is unable to attend or take part in any part of the Search, the Challenges or the Program for whatever reason, as determined by the Producer in its sole discretion.

3.6    The Producer reserves the right to amend the Rules or terminate any aspect of the Search, the Challenges or the Program itself without any liability to any Eligible Expert. The Producer further reserves the right to replace at its discretion any Final 10 Eligible Expert who for any reason fails or is disqualified from or unable to participate in any aspect of the Search, the Challenges or Program as determined by the Producer in its sole discretion, with another replacement Eligible Expert, notwithstanding that such replacement Eligible Expert may have been previously eliminated.

3.7    There is no obligation on the part of the Producer to broadcast the Challenges or the Program, on-air, on-line or otherwise, or any Eligible Expert’s video submission(s) or any part of his/her contribution to the Search, the Challenges or the Program.

3.8    The Eligible Expert must at all times behave appropriately when taking part in the Search and observe the Rules.

3.9    All Eligible Experts understand and agree that the Producer owns the copyright in, and Producer and its licensees and assigns can use, advertise, exploit and distribute, in any media whatsoever, including without limitation, the Internet, now known or hereafter created, worldwide in perpetuity, the Eligible Expert's Search Entry, performances and appearances in the Search, the Eligible Expert's comments and the Eligible Expert's name, likeness, image or voice without any further consent or compensation of any nature or kind. All Eligible Experts agree to waive any and all copyright interest, of any nature or kind, they may have in their comments, performances and appearances, including without limitation any moral rights in the foregoing.

3.10    In the event of any dispute concerning the operation of any element of the Search or these Rules, the decision of the Producer will be final.

3.11    These Rules are additional to and do not supersede any and all Release Form(s) signed by the Eligible Expert and in the event of any conflict between any Release Form and these Rules, the Release Form(s) will prevail.

3.12    By entering the Search electronically and by voluntarily providing your personal information (including, but not limited to, email address, city of residence, first name, last name, and contact phone number) (collectively the “Eligible Expert Information”) you consent and agree to Producer’s collection and use of the Eligible Expert Information to conduct and administer the Search and to provide your Eligible Expert Information (and other information reasonably requested) to Transcontinental Inc. in the event you opted in for the chance to receive a free subscription for three (3) issues of Elle magazine, as more specifically set out in the Submission Form.

3.13    The Search is subject to all applicable Federal, Provincial and Municipal laws.

3.14    In the event you cannot upload your video submission for the Search on the Website, you may courier or mail a copy of your completed Submission Form, and digital copies of your video and any photographs to W Network Inc. Attention: W Experts Search 2010, 64 Jefferson Avenue, Unit 18, Toronto, Ontario, M6K 3H4.  Your Search Entry must be received by Producer by 12 p.m. ET, Monday, February 22, 2010 and be in compliance with the Video and Photo Guidelines posted at www.wnetwork.com/expertsearch. Please also include signed copies of each of the Rules and the Release (and Guest Releases, if applicable) with any mailed Search Entry, copies of which can be found at www.wnetwork.com/expertsearch. PLEASE NOTE THAT NO IN PERSON/HAND DELIVERED SEARCH ENTRIES WILL BE ACCEPTED BY PRODUCER.

3.15    Producer is not responsible for lost, late, incomplete or misdirected Search Entries, for any failure of the Website during the Search, or for any problems or technical malfunction of a telephone or broadcast network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or on-line entry to be received by Producer  on account of technical problems or traffic congestion on the Internet or the Website, or any combination thereof that may affect an individual’s ability to participate in the Search, or for any injury or damage to any person or to an entrant’s or any other person’s computer or property related to or resulting from using, downloading or sending any material in connection with the Search.  Producer reserves the right, in its sole discretion and without notice, to cancel, suspend or modify the Search, in whole or in part, for any reason including a virus, bug or any other cause of any nature beyond the reasonable control of Producer which corrupts or could corrupt or interfere with the security or proper administration of the Search, or for any other reason.  

3.16    Any attempt to deliberately damage the Website or to undermine the legitimate operation of the Search will render any Search Entry submitted by an individual participating in such activity void and may be a violation of criminal and/or civil laws.  Should such an attempt be made, Producer reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.  

3.17    Eligible Experts may request a copy of these Rules and/or the Release Form by writing to: W Network Inc. Attention: W Experts Search 2010, 64 Jefferson Avenue, Unit 18, Toronto, Ontario, M6K 3H4.