OFFICIAL COMPETITION RULES
1. Eligibility: SoCal MovieMakers' Film Competition (the "Contest") is open to anyone who pays the entrance fee. Entrants must be members of YouTube.com in order to enter. YouTube membership is free. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Employees, board members, and founders of SoCal Moviemakers, Inc. as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: SoCal Moviemakers, Inc., Gateway Rd., Carlsbad, CA.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Schedule: The Contest begins on July 4, 2010 at 12:00 a.m. Pacific Standard Time (PST) and ends on January 31, 2011 at 5:00 p.m. PST and consists of the following stages as set forth below:
October 31, 2010: Early bird deadline for submissions ($40).
December 15, 2010: Final Deadline for all submissions ($50).
December 16, 2010: Online voting begins.
January 16, 2011: Online voting ends. Top 10 announced.
January 17-30, 2011: Industry Judges vote.
January 31, 2011: Winner announced.
Sponsor's computer is the official timekeeping device for the Contest.
5. How to Enter: During the Submission stage, visit www.socalmoviemakers.com click the "ENTER" link and follow the directions. A non-refundable Submission Fee in the amount of $40 if submitted by October 31, 2010 or $50 if submitted after November 1, 2010 must accompany each submission that is entered into the Contest. Entrants must pay the Submission Fee by PayPal account. Entrants will receive one (1) Entry into the Contest per project submission. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and YouTube's Web Site Terms of Service located at www.youtube.com/t/terms ("YouTube Terms"); and that Sponsor, in its sole discretion, may remove your Submission from consideration in the Contest and/or disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions or the YouTube Terms.
Submission Guidelines:
The Submission must be in Flash Video FLV, Mobile .3GP, .MPEG, .MP4, .MKV, QuickTime .MOV, Windows .AVI, or Windows .WMV;
The Submission must not exceed ten (10) minutes in length;
The Submission should be compressed for the web to 1920 x1080, 1280 x 720 (16x9 HD) or 640 x 480
The Submission must not exceed two (2) GB in size;
The Submission should include a Title and one line description
*All Submissions must be suitable for publication in a public forum (as determined by Sponsor in its sole discretion), and may not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Entrants and Semi-Finalists: By uploading your Submission, you agree that your Submission conforms to the applicable Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, at its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
General Submission Guidelines:
* All Submissions must be in English or contain English subtitles;
* A Project Submission must be the entrant's original work or entrant must have the express authority to use the project in connection with his/her Submission.
* All Submissions must comply with the Content Restrictions listed below.
ENTRANT RESERVES THE RIGHT TO WITHDRAW ANY CONTEST ENTRY FROM THIS CONTEST, AT ANY POINT PRIOR TO THE CONCLUSION OF THE CONTEST (ON OR BEFORE SEPTEMBER 25, 2010), AND WITHOUT REASON, BY EMAIL REQUEST TO socalmm@gmail.com. "ENTRY WITHDRAWAL" MUST BE PLACED IN THE SUBJECT LINE AND THE ENTRANT'S NAME AND SUBMITTED PROJECT TITLE MUST BE INCLUDED IN THE BODY OF THE EMAIL. THEREAFTER, AN ACKNOWLEDGEMENT OF WITHDRAWAL SHALL BE SENT TO THE ENTRANT VIA PHONE AND/OR EMAIL, THUS RENDERING NULL AND VOID THIS AGREEMENT AND THE RULES AND REGULATIONS CONTAINED THEREIN WITH RESPECT TO THE WITHDRAWN ENTRY.
Content Restrictions:
* Submissions must not contain material that violates or infringes another's rights, living or deceased, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
* Submissions must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
* Submissions must not contain brand names or trademarks other than Sponsor marks, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
* All footage and music contained in the Submissions must be properly licensed, in the public domain or created by entrant;
* Submissions must not contain material that is hateful, tortious, defamatory, slanderous or libelous; and
* Submissions must not contain material that earnestly promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age. Satirical and/or political incorrect humor is largerly excluded from these restrictions.
For All Submissions: Limit: Entrant must have permission from all individuals that appear in the Submission and or Supplemental Materials (if any) to use their name and/or likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Submissions will not be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity.
For Judging Submissions: UPLOADING A JUDGING SUBMISSION IS AN ACKNOWLEDGEMENT, REPRESENTATION, COVENANT, AND WARRANTY BY ENTRANT THAT:
A) ENTRANT OWNS ALL, AND HAS FULL AND COMPLETE RIGHT, TITLE AND INTERST IN AND TO THE JUDGING SUBMISSION, INCLUDING, WITHOUT LIMITATION, THE WORLDWIDE COPYRIGHT IN THE JUDGING SUBMISSION, AND ANY AND ALL EXTENSIONS AND RENEWALS OF COPYRIGHT IN THE JUDGING SUBMISSION THROUGHOUT THE WORLD AND THAT ENTRANT HAS NOT SOLD, GRANTED, CONVEYED OR ASSIGNED ANY OF THE ENTRANT'S RIGHT, TITLE OR INTEREST IN OR TO THE JUDGING SUBMISSION;
B) THAT THERE ARE NO LIENS OR ENCUMBRANCES ON THE JUDGING SUBMISSION AND THAT NO CLAIMS, PROCEEDINGS AND/OR LITIGATION EXIST OR ARE PENDING WITH RESPECT TO THE JUDGING SUBMISSION;
C) THAT THE JUDGING SUBMISSION IS AN ORIGINAL WORK AND NEITHER THE JUDGING SUBMISSION, ANY ELEMENT OF THE JUDGING SUBMISSION, NOR THE EXHIBITION OF THE JUDGING SUBMISSION BY THE SPONSOR WILL INFRINGE UPON OR VIOLATE THE COPYRIGHT, TRADEMARK, SERVICE MARK, TRADE NAME, PATENT, LITERARY, INTELLECTUAL, ARTISTIC OR DRAMATIC RIGHT, RIGHT OF PRIVACY, CONTRACT RIGHT, OR CIVIL RIGHT OF ANY PERSON OR ENTITY;
D) THAT ENTRANT HAS SECURED ANY AND ALL NECESSARY PERMISSIONS, CLEARANCES, RELEASES, LICENSES, ASSIGNMENTS, OF WHATSOEVER KIND OR NATURE IN AND FOR THE JUDGING SUBMISSION, INCLUDING ALL ELEMENTS AND COMPONENTS OF THE JUDGING SUBMISSION, NECESSARY FOR THE EXHIBITION, BROADCAST, DISTRIBUTION, TRANSMISSION, REPRODUCTION IN COPIES, AND DISPLAY OF THE SUBMITTED FILM, ENABLING FILMMAKER TO GRANT FILMMAKERS ALLIANCE THE RIGHTS GRANTED HEREIN;
E) THAT ENTRANT HEREBY GRANTS FILMMAKERS ALLIANCE A "GRATIS", NON-EXCLUSIVE, WORLDWIDE LICENSE TO EXHIBIT, BROADCAST, TRANSMIT, DISPLAY, DISTRIBUTE, REPRODUCE IN COPIES, COUPLE WITH OTHER FILMS, SYNCHRONIZE AND OTHERWISE PERFORM, IN PERPETUITY, JUDGING SUBMISSION IN ANY AND ALL MEDIA NOW KNOW OR HEREAFTER DEVISED.
PROJECT SUBMISSIONS ARE AN ACKNOWLEDGEMENT, REPRESENTATION, COVENANT, AND WARRANTY BY ENTRANT THAT:
A) ENTRANT OWNS ALL, AND HAS FULL AND COMPLETE RIGHT, TITLE AND INTERST IN AND TO THE PROJECT SUBMISSION, INCLUDING, WITHOUT LIMITATION, THE WORLDWIDE COPYRIGHT IN THE PROJECT SUBMISSION, AND ANY AND ALL EXTENSIONS AND RENEWALS OF COPYRIGHT IN THE PROJECT SUBMISSION THROUGHOUT THE WORLD AND THAT ENTRANT HAS NOT SOLD, GRANTED, CONVEYED OR ASSIGNED ANY OF THE ENTRANT'S RIGHT, TITLE OR INTEREST IN OR TO THE PROJECT SUBMISSION;
B) THAT THERE ARE NO LIENS OR ENCUMBRANCES ON THE PROJECT SUBMISSION AND THAT NO CLAIMS, PROCEEDINGS AND/OR LITIGATION EXIST OR ARE PENDING WITH RESPECT TO THE PROJECT SUBMISSION;
C) THAT THE PROJECT SUBMISSION IS AN ORIGINAL WORK AND NEITHER THE PROJECT SUBMISSION, ANY ELEMENT OF THE PROJECT SUBMISSION, NOR THE EXHIBITION OF THE PROJECT SUBMISSION BY THE SPONSOR WILL INFRINGE UPON OR VIOLATE THE COPYRIGHT, TRADEMARK, SERVICE MARK, TRADE NAME, PATENT, LITERARY, INTELLECTUAL, ARTISTIC OR DRAMATIC RIGHT, RIGHT OF PRIVACY, CONTRACT RIGHT, OR CIVIL RIGHT OF ANY PERSON OR ENTITY;
D) THAT ENTRANT HAS SECURED ANY AND ALL NECESSARY PERMISSIONS, CLEARANCES, RELEASES, LICENSES, ASSIGNMENTS, OF WHATSOEVER KIND OR NATURE IN AND FOR THE PROJECT SUBMISSION, INCLUDING ALL ELEMENTS AND COMPONENTS OF THE PROJECT SUBMISSION NECESSARY FOR THE EXHIBITION, BROADCAST, DISTRIBUTION, TRANSMISSION, REPRODUCTION IN COPIES, AND DISPLAY OF THE PROJECT SUBMISSION, ENABLING ENTRANT TO GRANT FILMMAKERS ALLIANCE THE RIGHTS GRANTED HEREIN;
E) THAT ENTRANT HEREBY GRANTS SOCAL MOVIEMAKERS A "GRATIS", NON-EXCLUSIVE, WORLDWIDE LICENSE, FOR THE DURATION OF THE COMPETITION - WHICHEVER OCCURS SOONEST, TO EXHIBIT, BROADCAST, TRANSMIT, DISPLAY, DISTRIBUTE, REPRODUCE IN COPIES, COUPLE WITH OTHER FILMS, SYNCHRONIZE, AND OTHERWISE PERFORM PROJECT SUBMISSION IN ANY AND ALL MEDIA NOW KNOW OR HEREAFTER DEVISED;
F) THAT THE PROJECT SUBMISSION OR ANY ASPECT OF IT, HAS NEITHER BEEN BROADCAST, TRANSMITTED OR DISTRIBUTED COMMERCIALLY PRIOR TO ITS SUBMISSION TO THE CONTEST AND ITS EXHIBITION ON THE CONTEST WEBSITE, NOR HAS THE PROJECT SUBMISSION BEEN AWARDED ANY PRIZES OR RECEIVED ANY ACCOLADES FROM ANY FILM FESTIVAL OR OTHERWISE; AND
Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below.
(a) There will be a public vote online ("Judging") to determine the top 10 finalists beginning September 16, 2010. Those top 10 will then go on to the next phase where a panel of qualified judges determined by Sponsor at its sole discretion will select the winners from 1-10.
* Quality of project as determined by type of story/plot, complexity of characters, authenticity of dialogue, quality of writing and uniqueness behind concept and vision;
Sponsor and/or the qualified judges reserves the right to select fewer than the stated number of Semi-Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
7. Winner Requirements:
The potential Final Prize winner will be notified by mail, email or phone on or before January 31, 2011. The potential Final Prize winner will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") and Additional Terms of Acceptance (which will be provided upon notification), in order to claim his/her prize. If a Semi-Finalist or potential Final Prize winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit or other required paperwork within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such person forfeits the prize. If a Semi-Finalist or potential Final Prize winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor's sole discretion. Only four (4) alternate winners will be selected through this process, after which the applicable prize may remain un-awarded. Acceptance of any prize shall constitute and signify Semi-Finalist and/or winner's agreement and consent that Sponsor may use the winner's, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including, but not limited to, the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
For Winning Project: THE ENTRANT WHOSE PROJECT REPRESENTS THE WINNER OF THE FINAL GRAND PRIZE ("WINNING PROJECT") HEREBY AGREES TO PROVIDE SOCAL MOVIEMAKERS WITH WHATEVER PROMOTIONAL MATERIALS IT NEEDS FOR ADVERTISING OF THIS CONTEST OR CONTESTS TO BE HELD IN THE FUTURE INCLUDING BUT NOT LIMITED TO PHOTOGRAPHS OF WINNER WITH PRIZE PACKAGE.
8. Prize: ONE (1) GRAND PRIZE: Prize package includes One (1) PANASONIC GH-1 Camera (model and features determined by Sponsor in its sole discretion; Relevant Production Software, including, but not limited to, the most recent version of Adobe Production Premium; Additional, but as yet undetermined, production resources as dictated by the specific needs of the Winning Project (subject to limitations determined by Sponsor at its sole discretion); Approximate Retail Value ("ARV"): $25,000.
ONE (1) SECOND PRIZE: ARV $1646
ONE (1) THIRD PRIZE: ARV $1000
EACH GENRE WINNER WINS A PRIZE (COMEDY, ACTION, DRAMA, SCI-FI, HORROR): ARV $320 (UNLESS THAT GENRE WINNER IS THE WINNER OF THE TOP 3 PRIZES, THEN IT DEFAULTS TO THE 2ND PRIZE GENRE WINNER)
For All Prizes: The ARV of non-cash prize components is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prize is non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. All prize details are at Sponsor's sole discretion.
9. Release and Indemnification: By participating, entrant agrees to release and hold harmless the Sponsor and their respective board members, employees, volunteers, founders, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. By participating, entrant agrees to defend, indemnify and hold Released Parties harmless from and against any and all third party claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees and expenses, including, without limitation, the expense of enforcing this provision) to the extent arising out of or related to their Entry, Semi-Finalist Submission, or participation in the Contest.
10. General Conditions: Sponsor reserves the right to revise and/or amend these Rules and Regulations - with the exclusion of stated Prizes and without substantially altering the character and methodology of the contest - at any time prior to completion of the contest (on or before January 31, 2011), with notice given to entrants by email within forty-eight (48) hours of posted changes. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor at its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for:
(1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest;
(2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
(3) unauthorized human intervention in any part of the Submission process or the Contest;
(4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials;
(5) late, lost, undeliverable, damaged or stolen mail; or
(6) any injury or damage to persons or property including intellectual property of any kind whatsoever which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto).
Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that:
(1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved exclusively by arbitration conducted in San Diego, California pursuant to the rules of the American Arbitration Association;
(2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and
(3) under no circumstances will entrant be permitted to obtain injunctive or equitable relief of any kind, or awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 15, 2011. For the Winner List, send an email with subject line: "Filmmaking Competition, Winner List Request" to SoCalMM@gmail.com.
© 2010 SoCal Moviemakers, Inc.
