"FILMOCRACY" ONLINE FILM CONTEST OFFICIAL CONTEST RULES
INDEPENDENT TELEVISON SERVICE (ITVS) and GETTY IMAGES (US), INC. ("the Sponsors") proudly present the "2008 FILMOCRACY Film Contest, where you are invited to make your own short film about food and how it affects your life. These terms, conditions and any notices, including those available by hyperlink ("Official Rules") will apply to the contest and to any websites where these Official Rules appear by hyperlink or otherwise (the "Sites"), and to all services provided to you via the Sites. By entering this contest, you agree to all of the Official Rules. This contest is void where prohibited by law. No purchase is necessary to enter or win.
A. GENERAL CONTEST RULES
Agreement to Rules. All contest entrants (the "Participants") must strictly comply with the Official Rules.
Eligibility. Except as noted in this section, this contest is open only to residents of the United States. Employees, immediate family members of employees, contractors, officers or directors of ITVS, Getty Images, Eyespot, and any other organization directly involved with this project are not eligible. Participants under the age of 18 may be asked to provide copy of a birth certificate and verifiable parental consent. All Participants under the age of 18 are required to read Eyespot's Terms and Conditions at http://eyespot.com/terms/.
Submission Terms. All Participants must agree to the "FILMOCRACY" submission terms ("Submissions Terms") as outlined on http://eyespot.com/signup?dest=%2Fmymedia%3Fcmd%3DGallery and to the Eyespot Terms and Conditions outlined on http://eyespot.com/terms/. All materials, ideas, concepts and communications submitted by Participants (including personal information) will be included in the definition of Submission.
Submissions. All Participants must submit an audiovisual work ("Submission") which must not exceed 3:00 minutes in length. For the avoidance of doubt, Sponsors will insert Sponsor's end slate at the end of all Submissions.
Submissions Are Final. Submissions shall be deemed final on the expiration of the Submission Period set out in paragraph 6. Only two Submissions per Participant are allowed, provided however, that each Submission must be different and must otherwise comply with these Official Rules. More than two submissions by a single Participant will disqualify all Submissions.
Submission Period. Participants may submit Submissions beginning March 4, 2008 at 8:00 AM PDT through May 30, 2008 at 5:00 PM PDT.
Content Limitations.
a. You agree that you will not submit Submissions that are:
i. Copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material to this Contest in full compliance with these Official Rules;
ii. False, inaccurate, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, ethnically or otherwise offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as may be determined by the Sponsors, or contrary to the Sponsor's other stated policies and procedures, where applicable.
b. For the avoidance of doubt, the Getty Images and ITVS material available to Participants on the Eyespot website ("Sponsor-Provided Content") is available solely for the purpose of creating Submissions for the Contest, as described in more detail in paragraph 12.
Disqualification. Submissions which do not comply with these rules in any way will be disqualified and removed from the Site, in ITVS's sole and final discretion, without notice. All Submissions of any Participant who attempts to deliberately damage the Sites, or to manipulate contest voting results, or to otherwise undermine the legitimate operation of this contest shall be disqualified, in ITVS's sole and final discretion, without notice.
Voting Rules. All voting participants (the "Voters") must agree to the following voting rules:
a. All Voters must register as a member of Eyespot;
b. All Voters must be in the United States to vote;
c. Voters can vote only once per film;
d. If Voters vote more than once per film, only their last vote will be counted for that film.
Contest Decisions. All decisions regarding the contest will be made by ITVS in its sole discretion and are final.
Miscellaneous. This contest is void where prohibited by law. No purchase is necessary to enter or win.
Sponsor-Provided Content. Sponsor-Provided Content is only available for the purpose of creating Submissions. Neither the Sponsor-Provided Content nor the Submissions may not be downloaded, copied or retained by Participants in any manner whatsoever. Any use of the Content and Submissions in any manner other than for the purpose of creating Submissions, including, without limitation, a commercial manner, is strictly prohibited. Participants must obtain a separate license and pay applicable license fees to Getty Images for any use of Sponsor-Provided Content owned by Getty Images that is not specifically authorized herein. Except as otherwise modified by the Official Rules, all other terms of the Getty Images Editorial, Rights-Managed and Rights-Ready Image and Film License Agreement, available at http://www.gettyimages.com/Corporate/Licenses/RM_RR_License_Agreement.en-US.pdf and expressly incorporated herein by reference, shall apply to the rights granted by Getty Images hereunder.
B. PRIZES AND JUDGING
Judging Criteria. Submissions will be judged on overall effectiveness, originality and creativity.
Voting. Five top vote getters (as determined from online voting) will advance to the Finalist stage with the possibility of a sixth finalist to be determined by ITVS. Online voting will end on June 16, 2008 at 5:00 PM PST.
Judging Dates. Judging will take place by a panel of judges during the period of May 30, 2008 through June 16, 2008.
Prizes. The panel will select one grand prize winner to be awarded $1,000. In addition, two runners-up will be selected with an award of select non-cash prizes. ITVS reserve the right not to award a prize in the event that an insufficient number of Submissions are received.
Notification. Winners will be notified on June 23, 2008.
Releases and Information Requests. All Winners must execute final releases and information requests prior to payment of the prizes within one month of receiving their winning notification from ITVS. Failure to respond to the information requests or otherwise timely comply with all rules or requests from ITVS will void the award, and the prize may then be awarded to another entrant.
Taxes. Each winner is responsible for paying any and all taxes on his or her prize(s) and ITVS will report all prizes to the government as required by law.
Obtaining the Rules. To obtain these rules or for notification of the winners, send a self-addressed stamped envelope to: "2008 Filmocracy Film Contest Rules, Independent Television Service, 651 Brannan Street, Suite 410, San Francisco, CA 94107".
C. HOW TO ENTER
1. The contest Submission Period starts at 8:00 am PDT on March 4, 2008 and ends at 5:00 pm PST on May 30, 2008. Entry is a three-part process; your entry is not final until the following three steps have all been taken:
a. First register as an Eyespot user.
b. Create your video using the Eyespot tools to manipulate Sponsor-Provided Content and, if you chose, your media, including without limitation text, video, photographs, graphics, images, music and sound that you have created ("Your Content").
D. ADDITIONAL CONDITIONS AND TERMS
1. Grant of Rights a. By uploading, inputting, providing or otherwise submitting your Submission, you:
i. warrant to the Sponsors you have secured all rights and releases to all Your Content in your Submission, including the music, images, script, and rights to include all persons, places or organizations included or depicted (and if Your Content included in your Submission contains images or identifications of any persons or organizations you agree that, if you are chosen as a finalist, you will submit release forms from those persons (or their parents or guardians) or organizations for the use of their identifications or images in your Submission);
ii. grant the Sponsors a worldwide, non-exclusive, assignable, sub-licensable, royalty-free, perpetual license to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the Submission; the right to use, reproduce, distribute (through multiple tiers) your Submission in connection with the operation of the Sponsors' business, including, without limitation, the license rights to cache, copy, sell, distribute, transmit, publicly display, publicly perform and reproduce your Submission as part of the Sites, and in all other media, telecast, broadcast, via mobile devices, as well as through unknown new media hereinafter developed;
iii. agree to allow the Sponsors to use your name, identification, and likeness to use, promote or publicize your Submission in any manner, without limitation, and without further compensation (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes; and
iv. agree to indemnify Sponsors, including for legal costs, against any challenges to the ownership, use of, or rights to material in your Submission.
b. Except for such obligations explicitly set forth in these Official Rules and in the Submission Terms, Sponsors shall have all rights to use your Submission in any way, without any further obligation, notice, compensation or approval.
c. You waive any future claims against Sponsors or others arising from the use, derivative or otherwise, of your Submission.
d. Entry in the "2008 FILMOCRACY" Contest constitutes irrevocable permission for Sponsor and its licensees, and its and their successors, assigns and sub-licensees (collectively, "Licensee") to use any or all contents of the Submissions and all other materials submitted to Sponsor by Participants and each Participant's name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), likeness and biography for use in connection therewith, including for advertising and/or publicity purposes, worldwide and in all media and by all manners (now or hereafter known) and on and in connection with related products, services, advertising and promotional materials, in perpetuity, without further compensation or other consideration.
e. Sponsors may use any and all information obtained from Participants for its internal activities, including contacting a Participant.
2. Compliance with Laws. You agree to comply with all government laws and regulations.
3. Release and Indemnification. As a condition for entry, you agree to release, indemnify and hold us (and our successors, parents, subsidiaries, affiliates, officers, directors, agents, joint venturers, employees and attorneys) harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your breach or claimed breach of these Official Rules, or your violation or claimed violation of any law or the rights of a third party.
4. Disclaimer of Warranties.
a. The Sponsors are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Sites. The information and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically made to the Sites and to the information therein. The Sponsors and/or our authorized agents may make improvements and/or changes in the Sites at any time. The Sponsors and our authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Sites for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. The Sponsors provide no technical support.
b. The Sponsors and our authorized agents hereby disclaim all warranties and conditions with regard to the Sites, Sponsor-Provided Content, and all related software, products, services and graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. No oral or written information or advice given by the Sponsors, our agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein. You specifically agree that the Sponsors shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You agree that the Sponsors are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The Sponsors are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Sites.
5. Limitation of Liability. In no event shall the Sponsors, our officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company, agents or lawyers be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits, arising out of this Contest or in any way connected with:
a. the use or performance of the Sites;
b. the delay or inability to use the Sites or related services;
c. the provision of or failure to provide services; or
d. any information, products, and related graphics obtained through the Sponsors' Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if the Sponsors or any of our authorized agents have been advised of the possibility of damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
e. Technical errors of any kind, technical hardware or software failures of any kind, including any injury or damage to any person's computer, related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit your ability to participate in the promotion.
6. Right to Cancel or Modify. ITVS reserves the right to cancel or modify the contest if fraud, misconduct or technical failures harm the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by ITVS, in its sole discretion. In the event of termination, a notice will be posted online and entries will be judged from among all eligible entries received prior to termination. If insufficient entries are received, or if no entry submitted meets minimum reasonable criteria for a prize, in ITVS's sole and final discretion, fewer than all awards may be made.
7. Right to Exclude. ITVS reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
8. Separability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
9. Choice of Law. This Contest is offered only in the United States and is governed by the laws of the State of California. All claims relating in any manner to this contest or to any submission must be resolved in the federal or state courts of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participants and sponsors in connection with the contest, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California). Any claim or cause of action arising out of or related to this Contest, the Sites, or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred.