OFFICIAL RULES TERMS AND CONDITIONS
IFC AND SUNDANCE CHANNEL MEDIA LAB STUDIOS:
EARTHJUSTICE EFFICIENT FILMS CHALLENGE (the "Contest")
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE CONTEST.
CONTEST IS INTENDED FOR VIEWING AND PLAY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA.
Entry into this Contest constitutes your (or, if an eligible minor, your parent's or legal guardian's) acceptance of these Official Rules.
This Contest is sponsored jointly by The Independent Film Channel LLC and Sundance Channel L.L.C. (referred to herein as "IFC and Sundance Channel", "we", "us" and "our") on behalf of Earthjustice.
Who Can Submit Short Films:
Short films (each, an "Entry") may only be submitted from 12:01am Eastern Time ("ET") on June 5, 2009 until 11:59 pm ET on September 30, 2009 by legal residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at the time of submission. The Contest is void outside the fifty (50) United States and District of Columbia and where prohibited by law. Employees (and their immediate families (i.e., spouse, parent, child, sibling and their respective spouses), regardless of where they reside or those living in the same households, whether or not related) of IFC, Sundance Channel, or Earthjustice and their respective parents, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, "Contest Parties") are not eligible to enter or win. An eligible minor must have his/her parent's or legal guardian's permission to enter. In the event more than one person is credited on an Entry, only the person who submitted the Entry will be considered a contestant. The Contest is subject to all applicable federal, state and local laws.
Submission and Prize Categories:
All Entries, whether a pilot, trailer or other short form content must be in English or contain English subtitles.
Each Entry may be entered into competition in one or more of the following categories, provided that no Entry, and no contestant, may win in more than one category:
Energy Efficiency Category
Be it fiction or documentary, sci-fi or drama, flex those filmmaking muscles with a short film that takes on the topic of energy efficiency or conservation directly. What does energy efficiency mean to you? How can energy efficiency change our world?
PRIZE: $3,000/Air on IFC and Sundance Channel
The Spirit of Efficiency Category
"Efficient" is defined as "performing or functioning in the best possible manner with the least waste of time and effort; having and using requisite knowledge, skill, and industry; competent." The film that best expresses the theme, definition or concept of efficiency wins this prize.
PRIZE: $1,000/Air on IFC and Sundance Channel
Efficient Story Cateogry
The most efficiently told story in one minute or less: The best film with the most well-crafted story, told in 60 seconds or less
PRIZE: $1,000/Air on IFC and Sundance Channel
IFC and Sundance Channel in their sole and absolute discretion, will determine the winning Entry for each category, based on the originality, quality of the execution, and the overall technical merit and production merits of each Entry. The Entry may be in the genre of your choosing (comedy, drama, horror, trailer, music video, etc.), provided that all Entries must address AT LEAST ONE OF THE THREE CONCEPTS/CATEGORIES. There is a limit of five (5) Entries per person and per email address per day. Each Entry submitted by you must be wholly original and substantially different for any other Entry submitted by you.
Entries may be a maximum of six (5) minutes in length, submitted in QuickTime (.MOV) or Windows Media (.WMV) format and cannot be larger than 100MB compressed. Please note, however, that to be considered in the "Efficient Story" Category, an Entry may be no longer than 1 minute (i.e., 60 seconds). Additionally, please note that if your Entry is selected as a finalist, you will be required to provide us with a copy of your Entry in one of the following formats: (in order of most preferred to least preferred) DigiBeta, BetaSP, MiniDV, DVD (VHS will not be accepted) and provide us with clearance paperwork for your short film in forms acceptable to IFC and Sundance Channel in order to be considered for any prize.
Entries may not contain, as determined by IFC and Sundance Channel, in their sole and absolute discretion, any content that:
A. contains gratuitous or unnecessary violence, obscenity, nudity, or is sexually explicit, racially disparaging, libelous or contains other inappropriate material;
B. disparages, defames, misrepresents or is libelous to other people or companies (including, without limitation, IFC and Sundance Channel and Earthjustice) or endorse any form of hate or hate group;
C. contains trademarks, logos, or trade dress (such as distinctive packaging) owned by others without their permission; or any commercial content that promotes any product or service;
D. contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, music or other media) without their permission. (However, note that works in the public domain can be used without permission. So, for example, if you choose to include a print of the Mona Lisa in the background of a scene, you would not need permission. If you have any questions as to whether a particular work is in the public domain, please consult an attorney or omit the work);
E. contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without their permission (for example, if your short film contains footage from inside a store and employees or customers of such store are recognizable in the footage, you will be required to provide a written release executed by each such recognizable employee or customer); or
F. violates any law or regulation.
IFC and Sundance Channel reserves the right to reject and disqualify any Entry that, in their sole and absolute discretion, either may determine contains prohibited content or that we determine is offensive or otherwise inappropriate.
You (or, if an eligible minor, your parent or legal guardian) understand and agree that no confidential or fiduciary relationship is established by you submitting a short film to us hereunder.
Discharge/Payment of Obligations:
By submitting your Entry, you (or, if an eligible minor, your parent or legal guardian) represent(s) and warrant(s) that you have discharged or paid (or will discharge or pay) all of the following: (i) Copyright: All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, photos, clips, characteristics, dialogue, music, words appearing, used or recorded in your Entry; (ii) Contracts: All obligations, of any kind, including, without limitation, those with artists and personnel, relating to purchases, licenses, laboratory contracts, distribution, exhibition, performance or use of your Entry; and (iii) Guild/Union/Performing Rights Society/Participation Payments: Any payments required to be made to or by any performing rights society or to any body or group representing authors, composers, musicians, artists, and other participants in the production of your Entry, publishers or other persons having legal or contractual rights of any kind to participate in the receipts of your Entry or to payments of any kind as a result of the distribution or exhibition of your Entry and any taxes thereon or on the payment thereof.
Additional Representations:
You (or, if an eligible minor, your parent or legal guardian) warrant and represent that (a) you are the sole and exclusive owner of the Entry and all rights therein; (b) you have the full and exclusive right, power and authority to submit the Entry and to grant us the rights to the Entry herein granted upon the terms and conditions set forth herein; (c) no part of the Entry has been published; (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (e) your Entry does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights; and (f) if any Entry contains persons other than yourself or third party elements not owned by you, that you have obtained express written consent to submit such Entry and, if requested to do so, can produce such written consent in a form and manner acceptable to us.
Judging Process
All eligible Entries submitted will be reviewed by a panel of judges selected by IFC and Sundance Channel. The panel of judges will select the winning Entries based on the originality, quality of the execution, and the overall technical merit and production merits of each Entry and how well it illustrates the concept of one of the categories IFC and Sundance Channel will then determine in their sole discretion which Entry is the winner of the prize for each of the categories. IFC and Sundance Channel will post the names and Entries of the three winners of the Contest on its website on or about October 4, 2009. THE WINNING ENTRIES OF ALL THREE CATEGORIES WILL APPEAR ON IFC AND SUNDANCE CHANNEL, PROVIDED THE FILMMAKERS SEND AN AIRABLE COPY OF THEIR RESPECTIVE ENTRIES TO IFC AND SUNDANCE CHANNEL NO LATER THAN OCTOBER 7, 2009.
At the completion of Judging Process, subject to all other applicable terms and conditions of this Contest, the filmmaker of the Entry that receives the highest rating from the Judges in each of the categories will be deemed the winner of each such category and the prize associated therewith. The winner of the "Energy Efficiency" category will receive a prize package consisting of the following: (i) a one-time Three Thousand Dollar (US$3000.00) "Creative Fee" as complete consideration for the rights granted herein to and for the Entry (the "Property"). The winners of each of the "The Spirit of Efficiency" and the "Efficient Story" categories will receive the following: (i) a one-time One Thousand Dollar (US $1,000.00,) "Creative Fee" as complete consideration for the rights granted herein to and for the Entry.
Limit one (1) prize per contestant. No prize substitution permitted by winners, however, we reserve the right to substitute any portion of a prize with another prize of comparable or greater value, at our sole discretion. Prizes are nontransferable and may not be redeemed for cash. All taxes associated with prize are the sole responsibility of each winner. A winner is not a recipient of a prize until he/she has been verified as a winner by us or the judges. Upon fulfilling prize, we will be deemed to have awarded the prize to the winner and such winner assumes full responsibility for his or her prize. All prize details are at our sole discretion.
Conditions of IFC and Sundance Channel Use of Entries:
If your Entry is selected by us to be used in any way you may be required to execute and return an affidavit of eligibility, liability/publicity release as well as a fully-executed release in a form and manner acceptable to IFC and Sundance Channel for each (i) person other than yourself who appears in your Entry and/or (ii) owner of any third party element not owned by you appearing in your Entry. Failure to return any of these documents within the time period specified by us, the return of any notification as undeliverable, or your noncompliance with these Terms and Conditions will result in the disqualification of your Entry. If you are an eligible minor, your parent or legal guardian will be required to fulfill all obligations imposed on you set forth herein.
By submitting your Entry to IFC and Sundance Channel for this contest, you hereby assign any and all rights, in and to the film to IFC and Sundance Channel for their non-exclusive use, in their sole discretion, throughout the universe in perpetuity.
Grant of Rights:
For the Entry submitted for consideration in the contest, you (or, if an eligible minor, your parent or legal guardian) grant to IFC and Sundance Channel, and any of their respective licensees, assigns or other designees (which may include, without limitation, Earthjustice) a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to make use of the Entry and any person's property (physical and personal and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. IFC and Sundance Channel, and any of their respective licensees, assigns or other designees (which may include, without limitation, Earthjustice) reserves all rights, on a non-exclusive basis, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, broadcast and stream the Entry in connection with any and all media now or hereafter known throughout the world, in any and all media, now or hereafter known, in perpetuity, for no additional consideration. Without limiting the foregoing, IFC and Sundance Channel, and any of their respective licensees, assigns or other designees (which may include, without limitation, Earthjustice) shall have the right to use the Entry in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose, including, without limitation, the promotion and/or marketing of IFC and Sundance Channel and their respective goods and services. You (or, if an eligible minor, your parent or legal guardian) forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized.
You acknowledge and agree that you do not have and shall not acquire directly or indirectly through your participation to this Contest by any means and in any manner any rights including any property rights or intellectual property rights with respect to EARTHJUSTICE, IFC or Sundance Channel.
Release of Liability:
You (or, if an eligible minor, your parent or legal guardian) agree to be bound by these Terms and Conditions and our decisions, which are final and binding in all respects, and to waive any right to claim ambiguity in the Contest or these Terms and Conditions. You (or, if an eligible minor, your parent or legal guardian) further agree to release, discharge, indemnify and hold harmless IFC and Sundance Channel, and EARTHJUSTICE and their respective parent, subsidiaries, affiliates, assigns and licensees, and their respective distributors, divisions and advertising and program agencies, each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the "Released Parties") from and against any claims, damages, costs, expenses or liability (including, without limitation, reasonable attorneys' fees) arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in the Contest, including, without limitation, your breach of any terms or representations contained in these terms or the use by us of any of the rights granted by you.
Released Parties are not responsible for any computer, network, technical, typographical, printing, human or other error, problem or malfunction relating to or in connection with this Contest, including, without limitation, errors which may occur in connection with any Contest-related materials, administration of the Contest, the processing or displaying of short films.
Termination:
If for any reason the Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, we reserve the right at our sole and absolute discretion, to cancel, terminate, modify or suspend the Contest. We also reserve the right to immediately remove any Entry submitted by a person who tampers with the submission process or violates these Terms and Conditions.
You (or, if an eligible minor, your parent or legal guardian) understand that by submitting your Entry, others will have the opportunity to view and judge it. You (or, if an eligible minor, your parent or legal guardian) understand and agree that IFC and Sundance Channel, SUNDANCE CHANNEL AND EARTHJUSTICE shall have no liability or responsibility for the actions of any third parties with respect to your Entry, including, without limitation, copyright infringement, idea theft or disparagement.
You (or, if an eligible minor, your parent or legal guardian) agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the Contest but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall you (or, if an eligible minor, your parent or legal guardian) seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the use of Contest of any advertising or other materials issued in connection therewith or any other use thereof.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York. If any provision of these terms is found to be unenforceable or invalid in any context or to any extent, it shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of these terms shall not be affected thereby.
Caution:
Any attempt by you to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, and should such an attempt be made, we reserve the right to seek damages from any you to the fullest extent of the law.
I (or, if an eligible minor, my parent or legal guardian) have read, understand and agree to abide by these Terms and Conditions and agree to grant all rights granted herein. I (or, if an eligible minor, my parent or legal guardian) represent(s) and warrant(s) that the Entry I am submitting adheres to the guidelines set forth herein and to the submission specifications set forth on this site.
Winners' List:
For names of winners, send a separate, stamped, self-addressed envelope to Media Lab c/o IFC and Sundance Channel at 11 Penn Plaza, 18th Floor, New York, NY 10001. Requests must be received by September 30, 2009.
"IFC", the "IFC" logo and "The Independent Film Channel" are service marks of The Independent Film Channel LLC. (c) 2008 The Independent Film Channel LLC. All rights reserved. "Sundance Channel" and the "Sundance Channel" logo are registered trademarks of Sundance Channel L.L.C. . IFC and Sundance Channel are networks of a subsidiary of Cablevision Systems Corporation© 2008. All Rights Reserved.
PRIZES
Grand Prize: $3000
Awarded to the winner of the Energy Efficiency Challenge
2 Runner Up Prizes: $1000
Awarded to the Winner of the Efficient Story & Spirit of Efficiency Challenges
