Entrant Contest Rules
The Film Fund LLC
Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE FILM FUND, LLC. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR ACTIVITIES AS A PARTICIPANT IN ANY ACTIVITIES – AND ANY USE OF THE PLATFORM - AND REQUIRES YOU TO MAKE CERTAIN PROMISES, REPRESENTATIONS AND WARRANTIES, AND IMPOSES A VARIETY OF OBLIGATIONS.
This Platform Participation Service Agreement is by and between The Film Fund LLC, a limited liability company with an address at 3302 St. Davids Road, Newtown Square, PA 19073 (“Film Fund”, “Organizer” or “we” or “us”), and You (hereinafter the “Entrant(s),” “you,” or “your”). Collectively Film Fund and Participant shall be known as the “Parties” and individually each shall be known as a “Party.” This Platform Participation Service Agreement, which is comprised of the Terms and Conditions below (the “Terms and Conditions”), and any schedules and other attachments - constitute the complete and entire agreement and supersede all prior or contemporaneous oral or written agreements concerning such subject matter (collectively the “Agreement”).
YOUR ACCESS TO AND USE OF THE FILM FUND PLATFORM IS SUBJECT TO THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY FILM FUND IN WRITING. IN REGARD TO YOUR USE OF THE PLATFORM, TO THE EXTENT THIS AGREEMENT CONFLICTS WITH ANY OTHER FILM FUND TERMS AND CONDITIONS, THIS AGREEMENT SHALL GOVERN. FILM FUND IS WILLING TO ALLOW THE USE OF THE FILM FUND PLATFORM BY YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM. YOUR ACCESS TO AND USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF - AND AGREEMENT TO ABIDE BY - THIS AGREEMENT. THIS AGREEMENT MAY BE CHANGED OR MODIFIED BY FILM FUND FROM TIME TO TIME, AND YOUR CONTINUED USE OR ACCESS OF THE PLATFORM AFTER SUCH CHANGED OR MODIFIED TERMS SHALL BE DEEMED AS ACCEPTANCE OF SUCH CHANGES OR MODIFICATION. YOU ARE ENCOURAGED TO REVIEW THIS AGREEMENT PERIODICALLY FOR UPDATES AND CHANGES.
ENTRY INTO THE CONTESTS OFFERED BY THE FILM FUND IS NOT AVAILABLE TO RESIDENTS OF COLORADO, MARYLAND, NEBRASKA, NEW JERSEY, NORTH DAKOTA, TENNESSEE OR VERMONT.
CONTESTS. The Film Fund LLC is organizing funding contests for short films (the “Contests"). There exist four contests that will run concurrently at the dates set below. The contests exist in two forms, comprising of two contests that accept text entries no longer than 200 characters and two contests that accept entries in the form of video pitches no longer than 30 seconds. The Film Fund divides the contests into two genres, documentary and narrative fiction. There exist four contests in total: a sentence entry contest where the winner must produce a documentary short film, a sentence entry contest where the winner must produce a narrative fiction short film, a video pitch submission contest where the winner must produce a documentary short film, and a video pitch submission contest where the winner must produce a narrative short film. For all contests, entrants must enter a submission that conveys a unique concept for a short film and a creative way to utilize the funding/why they need the funding. The prize money is awarded to the best sentence entry or video entry video by a panel of judges and will go toward the making and production of a short film.
TERMS. By accessing the website at http://thefilmfund.co, each entrant agrees to be bound by this Agreement, all applicable laws and regulations, and agree to be responsible for compliance with any applicable local laws. If an entrant does not agree with any of these terms, the entrant is prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law.
- The Contests are open to all writers and filmmakers at all levels who are at least eighteen years of age or older at the time of entry.
- Entrants from anywhere in the world are eligible, except where prohibited by law in the state, province or country where the Entrant is located; however, the material submitted must be in English.
- All material submitted to other competitions or contests are eligible.
- The material submitted must be a sentence of no more than 200 characters in length or a video no longer than 30 seconds in length.
- There are no requirements as to when the material was written or when the pitch video was recorded.
- Adaptations are ineligible unless the underlying rights are owned by the writer or the work is in the public domain.
- The material must not be encumbered by any obligation to, or option held by, a third party prior to entering the competition.
- If a script based on a submitted video pitch or concept sentence or logline becomes optioned, produced, or purchased between the time of submission and the end of the Contest period, that entry will no longer be eligible.
- All immediate family members and household members of The Film Fund LLC are prohibited from entering the contests.
- The judges of the Contests are also exempt from entering the Contests.
- Submissions are accepted via electronic submission to the official Contest website (thefilmfund.co) during the Contest period.
- All submissions require an entry fee of $25 per submission and will be eligible to win a cash prize.
- There is no limit to the number of projects an entrant may submit.
- Submission fee payment must be made in full at time of submission for entries to be considered eligible. All entry fees are non-refundable.
- All submitted material must be original, and all rights must be wholly owned by the writer(s).
- Material must be submitted by the writer. Material written or recorded by writing and/or filmmaking teams must be submitted by one of the writers and/or filmmakers, with consent of the other(s).
- If a writing or filmmaking team is chosen as a winner, prizes will be given to the person who submits the project. Each team is responsible for dividing or sharing the prize money.
- All ownership and rights to the ideas submitted to these contests remains with the original rights holders.
- The winner(s) must include visible text with The Film Fund’s provided motion graphic in the film for at least 5 seconds in the opening credits that reads "In Association with The Film Fund. Learn more at thefilmfund.co.”
- To receive the prize money, the winner(s) must submit expenses to The Film Fund for reimbursement. Every expense incurred that goes toward the production of the short film must be documented. Expense reports must be emailed to the following address for reimbursement: [email protected].
- BY SUBMITTING THE MATERIAL, THE APPLICANT HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CONTESTS, ITS EMPLOYEES, DIRECTORS, REPRESENTATIVES, AND AFFILIATES FROM ANY LIABILITY, CLAIMS, AND DAMAGES IN CONNECTION WITH THE SUBMISSION AND FROM ANY FEES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES THAT ANY OF THEM MAY INCUR IN CONNECTIONS THEREWITH.
CONTEST PERIOD. The FOUR Contests begin on September 9th 2018 at 9:00.00 PM Eastern Time and end on December 2nd, 2018 at 11:59.59 PM Eastern Time (referred to as the Contest Period). Entries submitted before or after the Contest Period will be disqualified.
- Winner(s) will be chosen by the judging panel, selected by The Film Fund LLC or its representatives. The winner(s) will be chosen based on the following two factors: (1) compelling premise and (2) creative utilization of funds. Entrants may be required to submit further information to assist in the judges' verification of eligibility. Any entrant may be deemed ineligible at the sole discretion of The Film Fund LLC. The outcome of judging is at the sole discretion of the judges.
- The winning prize for each contest will be dependent on the number of entrants in the Contest but will not exceed $10,000.
- Winner(s) will be notified by email within 28 days after the Contest Period. If the winner(s) cannot be contacted or do not claim the prize within 14 days of notification, the Organizer reserves the right to withdraw the prize from the winner(s) and pick a replacement winner.
- The Organizer will notify the winner(s) when and where the prize can be collected.
- The Organizer's decision in respect of all matters to do with the competition will be final.
- The winner(s) agrees to the use of his/her name and image in any publicity material, as well as the entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current United States data protection legislation and will not be disclosed to a third party without the entrant's prior consent.
- The winner's name will be available 29 days after the Contest Period by emailing the following address: [email protected].
- The Organizer is not responsible for inaccurate prize details supplied to any entrant by any third party connected with the Contest.
- The Organizer will not fund an adult or otherwise illegal film.
RULE CHANGES. The Organizer shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to the official contest webpage: thefilmfund.co. Participants will be notified of changes by email within a reasonable time period after the changes have been completed.
COPYRIGHT AND OWNERSHIP.
- The Platform provides you with the ability to submit pictures, images, photographs, videos and other content (collectively, hereinafter, the “Content”) that will be posted on The Film Fund’s “Auteur” platform after review and acceptance by The Film Fund.
- The Film Fund LLC or any partner, employee or agent associated with these contests claim no ownership nor first right of option to any original content submitted to these contests. All ownership and rights to the content submitted to this contest remains with the original rights holders until and unless other agreements are made.
- You represent and warrant that: (i) you own the Content submitted by you to and posted on the Platform, or otherwise have the right to grant the rights and licenses set forth in these this Agreement; and (ii) you have all approvals and permissions required for posting or using any such Content, and (iii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed for any Content you post on or through the Platform.
- With respect to any such Content, you hereby grant to The Film Fund an irrevocable, royalty-free and fully-paid, non-exclusive, perpetual right and license throughout the world to transmit, reproduce, store, display and distribute the Content, in whole or in part, for the purposes of the Contest. Please see our frequently asked questions (“FAQ”) here for more explanation.
PROHIBITED USE/ACTIVITIES. You hereby acknowledge, and represent and warrant, that your use of the Platform or any related services will not be, or alleged to be:
- unlawful, unauthorized, fraudulent or malicious in purpose;
- a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic; or
- an invasion or violation of another's right of privacy or publicity.
PERIODIC EMAILS; MONITORING; TERMINATION OF ACCESS. Please note that The Film Fund may send you periodic email updates, reminders or other related messaging to the email address provided to us at registration.
TRADEMARKS AND SERVICE MARKS. Certain trademarks are the service marks and trademarks of The Film Fund or one of its affiliates. The Film Fund name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The Film Fund. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of The Film Fund.
CANCELLATION. The Organizer reserves the right to cancel the Contests at any time. The Organizer also reserves the right in its sole discretion to reject or disqualify any ineligible entries, without refund.
- The materials on The Film Fund's website are provided on an 'as is' basis. The Film Fund makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, The Film Fund does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
LIMITATIONS. In no event shall The Film Fund or its sponsors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Film Fund's website, even if The Film Fund or a Film Fund authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to every entrant.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE FILM FUND (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, AND DISTRIBUTORS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS (INCLUDING LOSS OF DONATIONS) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FILM FUND OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE PLATFORM, OR (iii) ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION, OR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. IN NO EVENT WILL THE FILM FUND BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY ACCESSING AND USING THIS PLATFORM, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT ACCESS OR USE THE PLATFORM. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ACCURACY OF CONTENT. The materials appearing on The Film Fund's website could include technical, typographical, or photographic errors. The Film Fund does not warrant that any of the materials on its website are accurate, complete or current. The Film Fund may make changes to the materials contained on its website at any time without notice. However, The Film Fund does not make any commitment to update the materials.
LINKS. The Film Fund has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Film Fund of the site. Use of any such linked website is at the user's own risk.
MODIFICATION. You hereby acknowledge and agree that this Agreement is subject to periodic revisions at the sole discretion of The Film Fund. If any modification is unacceptable to you, your only recourse is to immediately cease using or accessing the Platform, and you can also provide notice of your termination of this Agreement by emailing us at [email protected] Your continued access or use of the Platform following our change will constitute binding acceptance of the change.
EQUITABLE RELIEF. Participant recognizes and acknowledges that a breach of his or her obligations pursuant to this Agreement may cause irreparable and material loss and damage to the The Film Fund and/or its affiliates, the amount of which cannot be determined readily and as to which The Film Fund and/or its affiliates will not have an adequate remedy at law or in damages. Accordingly, in addition to any remedy The Film Fund and/or its affiliates may have in damages by an action at law, The Film Fund and/or its affiliates shall be entitled to the issuance of an injunction restraining any such breach or threatened breach or any other remedy at law or in equity for any such breach.
CONFIDENTIALITY. During the Term of this Agreement and for three (3) years after termination, Platform Participant agrees not to disclose any Confidential Information (as hereinafter defined) obtained from the The Film Fund to any other person or entity. As used herein, “Confidential Information” means information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential. Confidential Information shall not include information (i) generally known to the public, (ii) already known, through legal means, to the party receiving the information, or (iii) legally obtained from a third party.
SUCCESSORS AND ASSIGNS. The rights and obligations of a Party under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of that Party. Participant may not assign its rights, subcontract or otherwise delegate its obligations under this Agreement without The Film Fund’s prior written consent.
FORCE MAJEURE. The Film Fund shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of The Film Fund including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
SURVIVAL. All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the termination of the Agreement. All other provisions shall be of no further force or effect upon termination, provided that all such provisions shall survive to the limited extent necessary for The Film Fund to consummate and complete any and all transactions provided pursuant to this Agreement, whether during the Term of this Agreement or anytime subsequent to such Term.
NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by telecopy or facsimile transmission, upon acknowledgment of receipt of electronic transmission; (d) by certified or registered mail, return receipt requested, upon verification of receipt, or (e) only in the case of fundraiser, via email to the email address provided to The Film Fund. Any notice sent to The Film Fund shall be sent to: 3302 St. Davids Road, Newtown Square, PA 19073 and [email protected]
RELATIONSHIP OF THE PARTIES. Nothing in this Agreement will create any franchise, joint venture, sales representative, or employment relationship between the Parties. Participant shall not have any authority to act for or to bind The Film Fund or any of its affiliates in any way.
GOVERNING LAW. The Contests are governed by the laws of the United States of America and the laws of the Commonwealth of Pennsylvania and each entrant irrevocably submits to the exclusive personal jurisdiction of the Court of Common Pleas of Chester County, Pennsylvania which is located in West Chester, PA, United States of America.
MEDIATION; ARBITRATION. In the event of a dispute, the Parties shall first attempt to resolve the dispute between themselves in good faith and then, if unsuccessful, by commercial mediation. At the request of either Party, the other Party shall make itself available for mediation within thirty (30) days of the request, using the mediation rules of the Judicial Arbitration and Mediation Service (“JAMS”). If the dispute cannot be resolved in this manner, the dispute shall be resolved by arbitration using the relevant arbitration rules of JAMS, and judgment upon the award rendered by the arbitration tribunal may be entered into any court having proper jurisdiction. Nothing contained herein shall prevent either Party from exercising its right to injunctive relief in any court of law having proper jurisdiction.
SEVERABILITY. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and, for avoidance of doubt, if such holding of invalidity or unenforceability is based on a measure of liability, such provision shall be replaced by a legally valid measure of liability, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
WAIVER; MODIFICATION. No term or provision hereof will be considered waived by a Party, and no breach excused by a Party, unless such waiver or consent is in writing signed by a Party. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the Parties in writing.
NO CLASS ACTIONS. YOU AND THE FILM FUND AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE FILM FUND WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MRES ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MRES FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE FILM FUND, AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Film Fund welcomes your questions or comments regarding the Terms:
3302 St. Davids Road, Newtown Square, PA 19073