PROJECT GREENLIGHT DIGITAL STUDIOS AND SHUDDER
“CLIVE BARKER PRESENTS: REEL FEAR” HORROR CONTEST
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE ENTRANT’S CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- THIS IS A SKILL-BASED CONTEST.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST AS NOTED IN SECTION 7 BELOW.
- BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, CONTESTANTS (DEFINED BELOW) AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. NAME OF CONTEST: These official rules (“Official Rules”) govern the Project Greenlight Digital Studios and Shudder “Clive Barker Presents: Reel Fear” Horror Contest (the “Contest”). By entering or participating in the Contest, entrants (“Contestants”) agree to be bound by these Official Rules and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
2. ENTRY PERIOD: The Contest begins on or about 10:00 a.m. Pacific Time (“PT”) on Monday, February 13, 2017, and all entries must be received by the Sponsor on or before 11:59 a.m. PT on Friday, March 17, 2017 (the “Entry Period”).
3. ELIGIBILITY: The Contest is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia, and who are at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Adaptive Studios, Inc. (“Sponsor”, “us” or “we”), Shudder LLC (including its employees, officers and/or directors), their respective parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law.
4. HOW TO ENTER: To enter the Contest, during the Entry Period, visit the Contest website at www.projectgreenlight.com/contests (the “Site”) or otherwise follow the call to action provided in any advertising for the Contest. The Site will contain a description of the Contest and the official entry form. Each Contestant will be asked to submit an official entry form, which may include,
among other things, his/her full name, address (no P.O. Boxes), email address, gender, date of birth and related registration information as prompted. Additionally, Contestants must submit a three (3) minute or less pitch video outlining their creative vision for a horror motion picture with an all-in budget of up to $300,000.00 (the “Submission”), as may be increased by Sponsor in its sole discretion. For purposes of this Contest, a Submission is a video, that follows the technical, creative, and legal requirements disclosed on the Site and elsewhere in these Official Rules, including, without limitation, includes the Submission Elements (defined below) and follows the
Submission Guidelines (defined below). Registration for the Contest is free. All entry information requested is required in order to participate in the Contest.
Two Contestants (each a “Team Member” and together, a “Team”) may combine to act as the “Contestant” for a Submission. A Team can only consist of two (2) individual Team Members; any Team found to have more than two (2) Team Members will be disqualified. Each Team Member must satisfy all eligibility requirements set forth herein for a Contestant. If one (1) Team Member fails the eligibility requirements, then the Team’s Submission will be disqualified. In the event one (1) Team Member is ruled ineligible, the remaining eligible Team Member may re-enter the Contest using a new and different Submission provided the Contest Period is still open. Team Members may only submit one (1) Submission; other Submissions submitted by Team Members in their individual capacity will be disqualified. One (1) Team Member must make the Submission on behalf of the Team and list the name of the other Team Member in the space provided on the Site. If, at any time during the Contest, any Team Member elects to voluntarily end his or her participation in the Contest, the remaining Team Member may continue on in his or her individual capacity using the Team’s Submission, provided that the remaining Team Member secures all
necessary permissions and rights from the departing Team Member. Each Team Member shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. Except as otherwise expressly set forth herein, all of the Contest Entities’ rights pursuant to these Official Rules relate to and are exercisable against each Team Member. In the event a dispute
between Team Members cannot be sufficiently resolved, Sponsor may disqualify the Team, in its sole discretion. In the event of a dispute where a given Submission is deemed to have been submitted by two (2) or more separate Contestants or Teams, without limiting Sponsor’s rights and
remedies, the Contestant or Team that first submitted the Submission will be deemed the proper Contestant or Team for the Submission. In the event of any dispute regarding the identity of a Contestant, the relevant Submission will be deemed submitted by the email account holder used to enter the Contest.
Limit one (1) Submission per Contestant/Team. A Team can use only one email address account to enter. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Site and in these Official Rules. The database clock of Sponsor’s Site will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or
abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Contestant.
In the event of a dispute as to the identity of any Contestant who submits an entry, the entry will be deemed submitted by the account holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Winner (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced,
stolen, tampered with, deleted, or invalid entries.
5. SUBMISSION ELEMENTS: Please be sure to include the following “Submission Elements”
within your Submission or the Submission will be subject to disqualification and/or removal from the Site, each at Sponsor’s sole and absolute discretion, so read and follow these requirements:
- The name of your Submission;
- Your name (and the name of your additional Team Member, if applicable);
- Less than three (3) minute pitch video with the basic “pitch” for your Submission: setting, tone, genre (must be horror), main character/s, central narrative arc/s;
- Image thumbnail
- Links to additional materials (optional)
- Biography (optional)
- What the Submission is about;
- Length of planned motion picture;
- Explain why should your Submission be produced into a motion picture; and
- Demonstrate creativity and uniqueness of voice and vision.
6. SUBMISSION GUIDELINES: Submissions that do not meet the following “Submission Guidelines” are subject to disqualification and/or removal from the Site, each at Sponsor’s sole and
absolute discretion, so read and follow these Submission Guidelines:
- Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the Contestant, or for which Contestant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum;
- The Submission must be performed in the English language, but common foreign words/phrases are acceptable;
- The Submission must be no longer than three (3) minutes in length, including titles, if any;
- During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner;
- Except for materials in the public domain, Submissions must include only materials created by the Contestant, or for which Contestant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification;
- The Submission may include links to a web page where you can share more information about your idea: photos, videos and written materials;
- The Submission must be a live action sequence (i.e., animated and stop motion scenes will not be eligible; CGI and special effects are allowed);
- Submissions may only include original music created and performed solely by Contestant (i.e., songs must be composed, lyrics written and performed by Contestant) or include music that we may provide you to use in your Submission. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification;
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Site such as viruses, Trojan horses or other technologies that could adversely impact or otherwise cause harm to the Contest, the Site, other Contestants, Submissions, individuals or Contest Entities and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion);
- All Submissions must be in MP4 format;
- The aspect ratio of the uploaded Submission must be 16x9 (1920 X 1080 pixels; it may be shot in other ratios and converted), and the Submission cannot exceed 1GB;
- The Submission must be shot in landscape; Submissions shot using a portrait orientation will not properly play on the Site;
- Contestants must have permission from any individuals that appear in his or her Submission (e.g., family members, friends or others);
- No background artwork should appear in the Submissions unless it is an original work of the Contestant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the Contestant or Contestant must be the sole owner of all copyright interests therein; and
- Contestants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
The Contestant must have all rights, clearances,permissions, approvals and/or consents necessary for their Submission, including, but not limited to, music rights, releases from all persons appearing in the Submission, location releases for all recognizable locations, and releases from who participated in production of the Submission. In the event that a Contestant does not have the appropriate rights, the Submission may be disqualified in the Sponsor’s sole discretion. In the event of such a disqualification, Contestant may edit and resubmit the Submission, provided that the Entry Period is still open.
Sponsor may deem necessary or appropriate in its sole and absolute discretion to protect the operation and integrity of the Contest and the Site, including, without limitation, disqualifying the Contestant(s) that submitted such offending Submission.
7. INTELLECTUAL PROPERTY: Contestant, upon submission of his or her Submission to the Contest, irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Contestants or any third party, except for the awarding of the prize to the Winner in this Contest. Contestants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights
without encumbrances so that, if Sponsor desires, Contestants can assign all rights in and to Submissions if selected as a Winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Contestants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Contestants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the Contestant’s Submission, and any rights therein, be assigned to Sponsor and Contestants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such Contestant will otherwise be disqualified from receiving his/her prize(s). Contestants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Contestants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Contestants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Site or elsewhere are available to be viewed by anyone with access to the Internet.
Each Contestant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Contestant acknowledges that Sponsor and/or the Released Parties and other Contestants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Contestants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate Contestants for any of their ideas or materials in any communications with Sponsor,
whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to Contestants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Contestant, by participating in the Contest,
except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from Contestant at any time proof that Contestant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Contestant being disqualified from the Contest.
At any time during the Contest (including during or after the Entry Period), the Sponsor reserves the right to contact any Contestant and negotiate directly with Contestant for the production of their
idea submitted in their Submission (or any other reason). Such negotiation if completed may disqualify such Contestant from having their Submission continue to be considered in the Contest. Any such negotiations with Contestants or specific contractual terms offered will be in Sponsor’s sole and absolute discretion.
8. REPRESENTATIONS AND WARRANTIES: By entering the Contest, Contestant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Contestant further represents and warrants that his or her Submission and all materials and matter
therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such Contestant and are not a copy or imitation of any other material or Contestant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation,
privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Contestant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Contestant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Site any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the Contestant to do so. Contestant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, Contestant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such Contestant has signed. Contestant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by Contestant in connection with his or her acceptance of these Official Rules or Contest activities.
9. DETERMINING THE WINNER: The determination of Finalists and the Winner will consist of multiple rounds of judging. Those rounds are described in further detail below:
After the conclusion of the Entry Period, from March 17, 2017 through April 10, 2017, each Submission will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, which may
include Clive Barker, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the “Judging Criteria”) (equally weighted):
- Production Quality
- Franchise Potential
- Commercial Viability
Based on the total score the Judges assign to each Submission using the Judging Criteria, up to ten (10) finalist Submissions will be ultimately selected by the Judges and each individual who submitted a selected Submission will be a potential “Finalist”, subject to confirmation that the potential Finalists have met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Finalists.
Sponsor will attempt to notify the Finalists between April 11, 2017 through April 17, 2017 via email of their advancement into the next round of the Contest. If a Finalist does not respond to Sponsor’s notification attempts after two (2) tries or does not wish to continue, he or she may forfeit their position as a Finalist and Sponsor reserves the right to select an alternate or simply continue with the remaining number of Finalists. Each of the Finalists will be asked to provide a full, 3-5 page treatment of the horror motion picture. Each of the Finalists may be required by Sponsor, at this stage or at a later point in the Contest, to answer additional questions, provide BTS footage/images, social media handles, headshots and quotes, asked to participate in additional screening procedures, or execute additional documents, including an Prize Acceptance Documents (defined below), in order to continue participating in the Contest. Finalists must sign and return any such documents within seven (7) calendar days of attempted notification. Noncompliance within this time period may result in disqualification without further notice or an alternate being selected by Sponsor, in its sole discretion.
Beginning on or about 10:00 a.m. PT on April 18, 2017 through 11:59 p.m. PT on April 25, 2017, the Finalists’ Submissions will be posted on the Site or Facebook (as selected by Sponsor) to be rated by other users (“Users”) of the Site (the “Public Voting Period”). Users must be eighteen (18) years of age or older to vote and maintain a Facebook account. Users will be asked to judge the Submissions based on the Public Voting Criteria (defined below). Users are required to critically evaluate each Submission and vote for their favorite based on: (i) 50% based on the public appeal of the Submission; and (ii) 50% based on the Submission which is most memorable (collectively, the “Public Voting Criteria”).
Each “day” during the Public Voting Period, Users may vote on one (1) Submission a maximum
of once by visiting the Site. For the purpose of this Contest, a “day” will begin at 12:00 a.m. PT and end at 11:59 p.m. PT. Users can vote by going to the Site and following the instructions to participate in the voting process. Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in
this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both. Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction.
The Finalist Submission receiving the greatest number of aggregate votes from the public during the Public Voting Period will automatically be advanced into the third and final round (the “Final Round”) of the Contest. Finalists must submit a 3-5 page treatment of their motion picture idea and submit the treatment (the “Treatment”) on or before 11:59 a.m. PT on April 25, 2017. The Treatment will be considered as part of Contestant’s Submission and the rights and reps and warranties set forth in Sections 7 and 8 above apply equally to the Treatment. Beginning on or about 11:59 a.m. PT on April 26, 2017 through May 5, 2017, Judges may interview all Finalists via a thirty (30) minute conference Skype call where Finalists will be asked to talk about their qualifications/backgrounds, their film’s story/characters/plot and present their vision for the film in a clear, concise, and entertaining manner. Failure to submit a Treatment or participate in the conference call may automatically disqualify a Finalist from continuing in the Contest, in Sponsor’s sole and absolute discretion.
Sponsor shall determine four (4) additional Contestants for the Final Round (the top vote getter during the Public Voting Period using the Judging Criteria automatically qualifies and the additional four (4) selected Finalists together, the “Top Five”), in its sole and absolute discretion, based on the Judging Criteria outlined above, the results of the public voting during the Public Voting Period, and any other factors or criteria Sponsor deems applicable. The determination and certification of the Top Five shall be made by Sponsor on or around 11:59 a.m. PT on May 8, 2017, and such determination and certification shall be final and binding. Sponsor will attempt to contact the Top Five Contestants notifying each of them of their advancement into the Final Round of the Contest and request that they sign services agreements and Prize Acceptance Documents. If a Top Five Contestant does not respond to Sponsor’s notification attempts after two (2) tries, fails to sign and return the Prize Acceptance Documents or does not wish to continue, he or she may forfeit their position as a Top Five Contestant and Sponsor reserves the right to select an alternate or simply continue with the remaining number of Top Five Contestants.
The Top Five Contestants will each receive $2,000.00 (the “Budget”) to film a short five (5) minute scene to be determined by Sponsor. Further, the Top Five Contestants will be invited to participate in Shudder Labs, beginning on June 11, 2017 and continuing through June 15, 2017 in New Paltz, New York. Beginning at 10:00 a.m. PT on June 16, 2017 and continuing until 11:59 a.m. PT on July 7, 2017 (the “Scene Submission Period”), the Top Five Contestants shall each produce and submit a scene to be determined by Sponsor (“Scene Video”). After the conclusion of the Scene Video Submission Period, beginning July 11, 2017 through July 18, 2017, each of the Scene Videos will be reviewed by a team of Judges assembled by Sponsor, who will review and judge all eligible Submissions based on the Judging Criteria. No more than the stated Budget may be used on filming the Scene Video. If a Top Five Contestant does not use the entire Budget, Sponsor reserves the right to request that a Top Five Contestant reimburse Sponsor for unused amounts (Top Five Contestants should keep written records (including receipts) of how their funds were utilized in case of Sponsor audit). Sponsor may also conduct full panel interviews with each Top Five Contestant, in its sole and absolute discretion and Top Five Contestant will make themselves available for such interviews. The Scene Video will be considered as part of each Contestant’s Submission and the rights and reps and warranties set forth in Sections 7 and 8 above apply equally to the Scene Video.
Based on the total score the Judges assign to each Scene Video using the Judging Criteria, one (1) winning Scene Video will be ultimately selected by the Judges on or about July 20, 2017 and the Top Five Contestant who submitted the selected Scene Video will be the potential “Winner”, subject to confirmation that the potential Winner has met the eligibility requirements and
complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and
determine the Winner.
10. WINNER NOTIFICATION: The potential Winner will be notified by mail, email and/or other method (as selected by Sponsor) on or about August 1, 2017, unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via a delivery service or two (2) days after mailing. The potential Winner will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and services/performances agreements (collectively, “Prize Acceptance Documents”) within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner.
11. PRIZES AND VALUES: The Winner of the Contest will receive the following prize: their Submission will be developed by Sponsor or other third parties into a motion picture, with an approximately $300,000 budget (as may be increased by Sponsor in its sole discretion). The Winner will have the right to negotiate with the Sponsor for a role in production of the motion picture; provided, however, Sponsor will have the sole and absolute discretion, to make offers and
award contracts for consulting and other roles (e.g., writer, editor, actors, crew) on the film. Otherwise, if a deal cannot be struck with the Winner, the Winner will receive a credit (as determined by Sponsor in its sole discretion) on the film.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with his/her prize, the Sponsor may elect, to award an alternate prize of comparable or greater value. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited.
The Sponsor reserves the right to address any union or guild obligations arising out of this Contest, in its sole and absolute discretion (including disqualifying any Finalist or Winner that would otherwise cause Sponsor to violate a union or guild agreement).
12. OBLIGATIONS OF THE WINNER: As a condition of accepting the prize, the Winner must be willing and available to render full-time, in-person services in connection with filming of the horror film (the “film”) during all periods of pre-production, production and post-production thereof (the “Production Period”). The Production Period shall be determined by Sponsor, in its sole discretion. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize furnished in connection with the Contest. Each Winner irrevocably grants to Sponsor all services rendered by them, and all ideas and materials provided by them, in connection with the development, production and/or exploitation of the film. Winner’s services are considered a “work-for-hire” as that term is used in copyright law and Sponsor will own all results and proceeds of the Winner’s services, including, without limitation, all intellectual property and other rights and all physical materials in connection with the film. Winner hereby irrevocably gives and grants to Sponsor all rights of every kind and character whatsoever in all media and languages now known or hereafter devised (including, but not limited to, film, television, videocassettes, DVDs and other storage mediums, mobile media, interactive devices and Internet and on-line systems) throughout the world, in perpetuity, in and to all work done, and all poses, acts, plays and appearances made by Winner, Winner’s voice and instrumental, musical or other sound effects produced by Winner, and in and to all of the results and proceeds of Winner’s services as well as in and to the right to use Winner’s name, likeness and photographs, either still or moving, for all commercial and non-commercial purposes (including, but not limited to, merchandising, advertising and promotion purposes) in connection therewith. Without limiting the foregoing, Winner further irrevocably gives and grants to the Sponsor the right to adapt, change, edit, modify, add to, delete, combine with other materials, record, reproduce, distribute and otherwise exploit the same by any means now known or hereafter devised and irrevocably waive all so called “moral rights (droit moral) (where enforceable)”. Further, in connection with the development of their Submission, Winner is required to clear all rights and obtain all necessary releases (including for any music, clips, photographs, locations, actors, contributors and other content) in order to deliver a clear chain-of-title to the Submission to Sponsor. In connection with such clearances and releases, Winner shall use the forms provided by Sponsor as provided in the Prize Acceptance Documents. Further, Sponsor may require Winner to use and incorporate certain products and/or services into their Submission in their sole and absolute discretion and Winner agrees to incorporate any product placement requests as specifically required by Sponsor. In connection with any required branded integration, Winner agrees to cooperate with Sponsor and deliver any “making of” or similar footage in the amount requested by Sponsor from time-to-time. Winner is not permitted to sell sponsorships, brand integration or obtaining additional financing for the development of their Submission without first obtaining Sponsor’s prior written approval. In connection with being selected as a Winner, Winner will also need to provide a reasonable amount of promotional services for Sponsor (e.g., an on-camera Q&A sessions) about Winner’s participation in the Contest and his/her work on the film.
13. PUBLICITY RELEASE: By participating in the Contest, each Contestant, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Contestant in the Contest, subject to applicable law, each Contestant irrevocably grants and assigns to the Contest Entities, and their respective successors, assigns and licensees, the right to
use his or her name, voice, likeness, photograph, and biographical information in any and all forms of media and by any and all means (now and hereafter known), throughout the world, in perpetuity, for any purpose, including, without limitation, advertising and promotional purposes, including, but not limited to, the Site without any obligation, notice or consideration except for the awarding of the prize to the Winner. Contestants unconditionally release the Contest Entities from any liability with respect thereto.
14. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Contest or Site or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the
Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Contestant’s email or other account to receive messages. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CAUTION: ANY ATTEMPT TO DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
15. RELEASE: By participating in the Contest, Contestant agrees to release, discharge and hold
harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Contestant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Contestant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, Contestant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed
to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or
otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Contestant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Contestants in connection with the Contest, including Contestants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
Each Contestant acknowledges that there is a possibility that after his or her entry into the Contest, he or she may discover facts or incur or suffer claims which were unknown or unsuspected at the time of entry and which, if known at that time, may have materially affected his or her decision to enter the Contest. Each Contestant acknowledges and agrees that by reason of these Official Rules, and the release of liability contained herein, he or she assuming any risk of such unknown facts and such unknown and unsuspected claims. Contestants have been advised of the existence of Section 1542 of the California Civil Code which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Contest shall constitute a full release of liability in accordance with its terms. Each Contestant knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of these Official Rules and that without such waiver, Sponsor would not have accepted Contestant’s involvement in the Contest.
16. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Contestant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social
media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of
Contestant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
17. GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Contestants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, CONTESTANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) CONTESTANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
18. DISPUTE RESOLUTION: Any dispute between the parties arising out of or relating to these Official Rules or the Contest shall be submitted to binding confidential arbitration. The arbitration will be conducted in accordance with the American Arbitration Association’s Commercial Arbitration
Contestant and Sponsor in connection with the Contest, Contestant’s sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event, will any Contestant be entitled to seek injunctive or other equitable relief. Each party shall be responsible for their own attorneys’ fees. IF THE CONTESTANT DOES NOT AGREE TO THESE
REQUIREMENTS (OR ANY OTHER PROVISION HEREIN), HE OR SHE SHOULD NOT PARTICIPATE IN THE CONTEST. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
19. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation
thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Contestants shall not be entitled to any damages or other relief by reason thereof.
20. DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
21. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Contestant
agrees to sign the same upon Sponsor’s request therefor.
22. NAME OF CONTEST WINNER: To receive the name of the Winner, send an email to firstname.lastname@example.org with HORROR CONTEST WINNER as the subject line. Requests
must be received by 9/30/2017. The name of Winner will only be sent after the Winner has been verified.
23. IDENTIFICATION OF SPONSOR: This Contest is sponsored by: Adaptive Studios, Inc.,
3578 Hayden Avenue, Suite 6, Culver City, CA 90232. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC.
24. PRIVACY / INFORMATION SUBMITTED: As a condition of entering the Contest, Contestant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws,
25. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not
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