Terms and Conditions: Audible Indigenous Writers’ Circle

Dates: February 17, 2023 to December 31, 2023

  1. SPONSOR, ADMINISTRATOR: Audible.ca will serve as the sponsor (“Sponsor”) of the Indigenous Writers’ Circle (“Program”). Yulu PR (“Administrator”) will serve as the administrator of the Program.
  2. ELIGIBILITY: This Program is open only to legal residents of Canada who reside in any province or territory (excluding Quebec) who are the age of majority or older in the province or territory of residence at the time of application. You need not be present to be selected to participate. Employees, officers, directors, agents or representatives (and their immediate families or those living in the same household) of Sponsor, Administrator, and their respective affiliates, subsidiaries, divisions, parent and related companies, suppliers, printers and advertising, promotional and judging agencies are not eligible to apply or be selected to participate. In these Terms and Conditions, “immediate family” means mother, father, brothers, sisters, sons, daughters and/or legal or common-law spouse, regardless of where they reside. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate. An “Applicant” is an eligible person who submits an application in accordance with these Terms and Conditions.
  3. APPLICATION PERIOD: The Application Period for the Program begins February 17, 2023, at 12:01 a.m., P.S.T., and ends April 14, 2023, at 11:59 p.m., P.S.T. (the “Application Period”). Sponsor’s servers govern for time in all matters related to the Program.
  4. HOW TO ENTER: You may apply for this Program only via the application methods described below under term 5 (an “Application”). All applications must be received by 11:59 p.m., P.S.T., on the last day of the Application Period (April 14, 2023). Once an eligible individual has applied to participate in the Program via the Application method outlined below, they are considered an Applicant (“Applicant.”)
  5. EMAIL APPLICATION METHOD AND CRITERIA: This Program takes place online at ‘https://www.audible.ca/ep/IWC’ (the “Landing Page”.) You may submit your Application for the Program by applying here, and your Application must comply with the following criteria (“Criteria”) with:
    • ONE sample of your work (e.g. ONE poem, excerpt, article or story), writing or an audio clip, in Word, MP3 or M4A format. Please do not share collections of short stories or poems, only ONE poem, story, etc. will be accepted per applicant.
      • Submissions should not exceed 2,500 words or 15 minutes in length. The file size limit is 10MB. If your sample of work exceeds the maximum word count it will be trimmed to 2,500 words.
      • Please note that only unpublished samples of work will be accepted.
      • Submissions can be works of fiction, non-fiction, biographies / autobiographies, memoirs, graphic novels, illustrated books, blogs, audiobooks and narrative podcasts. If you would like to submit a piece of work that falls outside this list, please contact us with your request at audiblewriterscircle@yulupr.com.
    • A personal reflection (500 word maximum) that includes:
      • An indication of why you wish to participate in this program, what you hope to contribute and learn and what impact it could have on your future practice
    • A description of your writing practice
    • A brief overview of your body of work to date. This could include short descriptions of any talks or workshops you’ve given, readings you’ve done, or community engagement experience you have that is related to the literary arts-Your answers to these three voluntary Indigenous self-identification questions. Proof of Indigenous ancestry is not required. The information collected will be confidential. In the context of these voluntary self-identification questions, an Indigenous person in Canada, as recognized in the Constitution Act, 1982, is a person who identifies with First Nations (Status / Non-Status), Inuit or Métis cultural and / or ancestral background.
      • Based on this definition, do you attest and self-identify as an Indigenous person? Please indicate: yes or no.
      • Do you identify with any of these specific identities? Please indicate all that apply to you: First Nations (Status / Non-Status), Inuit, Métis, Alternate identity term (e.g. Kanien’kehá:ka, Anishinaabe, Treaty #3, etc.)
      • What community / nation / group are you affiliated with? Please specify, or indicate unknown or unsure.

        Please note, applications that contain false information, or that are incomplete, altered or otherwise irregular in the sole discretion of Sponsor and/or Administrator, that do not conform with or satisfy any or all of the Criteria or other conditions set out in the Terms and Conditions, as determined by Sponsor and/or Administrator in its sole and absolute discretion, may be judged void and disqualified. All Applications must be appropriate for the Program, in good taste and in keeping with the Sponsor’s and Administrator’s image as determined by such parties in their sole discretion.
  6. LIMIT: Regardless of application method, there is a limit of one (1) Application per person during the Application Period of February 17, 2023, 12:01 a.m., P.S.T., and ends April 14, 2023, at 11:59 p.m., P.S.T.
  7. APPLICATION ASSESSMENT AND PARTICIPANT SELECTION: By April 18, 2023 – the day after the Application Period closes – the Administrator will share all applications received with a selection panel that will select up to twenty-four (24) participants for the Program (“Selected Participants”). The panel will evaluate each qualifying Application, and select the most compelling Selected Participants (up to 24), against the assessment criteria (“Assessment Criteria”):
    • The strength of the artistic intention for the sample of work
    • Potential benefits of the Writers’ Circle to the development of the applicant’s practice

      The Administrator will contact the Selected Participants via email. That message will ask the Selected Applicants to respond to the Administrator in order to confirm their participation. Each Selected Participant must respond within ten (10) days, or their eligibility to participate in the Program will be forfeited and an alternate Selected Participant may be selected (as determined by the Sponsor in its sole and absolute discretion) from among the remaining applications received, unless no further applications are available then the Program placement will not be offered. Sponsor or Administrator will not be responsible for failed attempts to contact a Selected Participant. The odds of being selected depending on the application of the Panel Criteria by the selection panel.

      Participant Confirmation: To be confirmed a Participant (defined below), each Selected Participant must: (a) contact the Administrator within ten (10) days of being notified that the Applicant is a Selected Participant, (b) confirm compliance with the Terms and Conditions, (c) execute and return within twenty (20) days a Declaration of Compliance with Terms and Conditions and Liability Release / Consent to Publicity Form releasing the Released Parties (as defined), as set out below, and consenting (except where prohibited by law) to the use of the participant's name, portrait, picture, voice, likeness, comments, city and province of residence, and biographical information (e.g. age) for any future promotional activity related to the Program, as set out below, and (d) provide proof of identification upon request and confirm their age (Participants must be over the age of 18 to participate in the program) (“Participant”). If a Selected Participant cannot be contacted, does not respond to the notification, fails to return any required documents within the specified time period, is under 18 years of age, or if the Selected Participant is found to be not in compliance with these Terms and Conditions or declines to participate in the Program for any reason, or if any document or notification, is returned as undeliverable, their entitlement to participate in the program will be forfeited and, at Sponsor’s sole and absolute discretion, the Program placement may be awarded to an alternate Selected Participant, subject to confirmation under these Terms and Conditions. In such a case, or in the event that a Participant placement can’t be confirmed, neither the Selected Participant, nor any other person, shall have any claim against Sponsor arising out of or connected to the disqualification or any other matter related to the Program.
  8. CONDUCT OF PARTICIPATION IN PROGRAM: By applying for the Program, Applicant affirms that he or she has read and agrees to abide by the Terms and Conditions and the decisions of the Sponsor. Sponsor reserves the right to disqualify any Applicant acting in violation of the Terms and Conditions or found tampering with the application process or with the operation of the Program or the website. The Terms & Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any and all disputes arising under these Terms & Conditions, and the Program, whether as to interpretation, performance or otherwise, shall be determined exclusively by the courts in Toronto, Ontario. As a condition of entering this Program, each Applicant agrees that, to the maximum extent permitted by law: (a) under no circumstances will the Applicant be entitled or permitted to obtain awards for, and the Applicant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and in no event shall attorney’s fees be recoverable by either party; and (b) any and all disputes, claims and causes of action arising out of or connected with the Program or any Program placement confirmation shall be resolved individually, without resort to any form of class action. Any attempt by an applicant or any other individual to deliberately damage any website related to Sponsor or the Program or undermine the legitimate operation of the Program may be in violation of criminal and civil laws, and should such an attempt be made, sponsor reserves the right to seek damages from such Applicant to the fullest extent permitted by law.
  9. LIMITATIONS OF LIABILITY: The Released Parties (as defined herein) accept no responsibility for and each Applicant releases and holds harmless the Released Parties from and against any and all losses, damages, actions, demands, liabilities or claims of whatever nature or kind arising out of, or in connection with the Program placements or any portion thereof or this Program. Without limiting the generality of the foregoing, the Released Parties are not responsible for any incorrect or inaccurate application or applications, errors in calculations, theft, tampering, destruction, or unauthorized access to, or alteration of applications.
  10. RELEASE OF LIABILITY: By applying and / or participating, Participants and Applicants agree to release, discharge, indemnify and hold harmless Sponsor, Administrator, and each of their respective affiliated entities, affiliates, subsidiaries, parent corporations and companies, and all of their respective officers, directors, shareholders and principals, employees, representatives, agents and franchisees (collectively, “Released Parties”), from and against any claims made by any Program participants and Applicants or any other third parties related in any way to the operation of this Program, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Program or any related activity. Program participants and Applicants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Program or acceptance of any Program placement.
  11. ADDITIONAL TERMS AND CONDITIONS: The following are conditions to accepting a Program placement and additional terms and conditions binding on Applicants and Program participants
    • If the Program cannot be conducted as planned for any reason, Sponsor reserves the right, in its sole and absolute discretion, to terminate, modify, amend and/or suspend the Program and/or the Terms and Conditions without prior notice.
    • By entering this Program, Applicant hereby consents (except where prohibited by law) to the reasonable use by Sponsor of the Applicants’ photograph, voice, likeness and/or image, hometown address, contents of the application form and the name and age of the Applicants without any further compensation for any future promotional activity related to this Program.
    • Decisions of Sponsor and/or Administrator are final with respect to determination of Program participants and all matters with respect to the conduct of the Program.
    • By participating in this Program, Applicants and Program participants agree to be bound by the Terms and Conditions and the decisions of the Sponsor and Administrator. By entering the Program, Applicants acknowledge that they have read and understood the Terms and Conditions, and agreed to abide and be bound by them, and the decisions of the Administrator and/or Sponsor, including their decisions regarding the interpretation and application of these Terms and Conditions, made in their sole and absolute discretion, shall be final and binding with respect to all aspects of the Program and the confirmation of the Program placements. No correspondence will be entered into except with Selected Participants.
  12. PRIVACY / USE OF PERSONAL INFORMATION: By participating in the Program, eligible Applicant hereby consents to Sponsor’s, Administrator’s or authorized agents’ collection, use, and disclosure of Applicants’ personal information for the purposes of administering the Program. Applicant acknowledges that they have read, understood and accepted the Sponsor’s Privacy Notice, which provides more information about Sponsor’s privacy practices and is located at https://www.amazon.ca/gp/help/customer/display.html/ref=footer_privacy?nodeId=918814&pf_rd_p=a0ba7943-9f95-4472-8d7d-39366b9ea793&pf_rd_r=22W7K02843KEP89CRZVV.

    Applicants may be offered the optional opportunity to receive newsletters, informational materials, marketing communications, or other special promotions, or other offers from Sponsor, affiliates, and/or third-party service providers. Applicants will not be contacted for marketing purposes unless they have provided their express consent.

    By accepting a Program placement, Program participant consents to the use of his/her name, address (city and province/state), likeness, biographical information, photograph, video recording, voice, statements and Application information including their sample of work submitted with the program application, without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor, for advertising and/or publicity purposes in any and all media (now or hereafter known) throughout the world, in perpetuity without compensation, notification, or permission, unless otherwise prohibited by law, and hereby releases Released Parties from any liability with respect thereto. Program participants may be required to sign a further release regarding the grant of these publicity rights.
  13. TERMS AND CONDITIONS: You may review the Terms and Conditions at https://www.audible.ca/ep/IWC within six (6) months after the end of the Program.
  14. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trademarks, trade names, designs, Program materials, web pages, source code, drawings, illustrations, logos, slogans and representations are owned by either Sponsor and/or their respective affiliates or authorized licensors. All rights are reserved. Unauthorized copying or use of any copyrighted materials or intellectual property without the express written consent of its owner is strictly prohibited.