Any person or entity (hereafter "Team Leader") entering into the 48FILM Project competition, confirms and certifies that he/she has read the Rules of the Competition and this Team Leader Agreement carefully and accepts the terms and conditions of the Team Leader Agreement and the Producer's decision.
When the Team Leader registers with the Site, www.48filmproject.com (hereafter "Site"),Team Leader is contracting with 48 PROJECTS Inc., a company registered in California, USA (hereafter "Producers" or "48FILM Project"). Paying an entry fee and/or uploading Content by Team Leader evidences Team Leader's acceptance of this Agreement. All Team Leaders/Team Leader must be at least18 years of age at the date of entry. Nothing herein establishes an employer/employee relationship with 48FILM Project. Each Team Leader is solely a contestant in the Competition, is acting voluntarily, using his/her own time and resources to create his/her entry for the Contest.
48FILM Project is an avant-garde Festival that gives filmmakers the opportunity to express themselves via the medium of a short film created according to the rules and agreements on the Site.
Whilst Team Leaders will continue to own any material they upload to the Site, 48FILM Project, unless otherwise stated, owns or controls all relevant intellectual property rights in the Site and the Content. Team Leader may not publish, distribute, extract, re -utilize, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed Producers herein or as permitted on the Site or under California or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
Team Leader agrees not to upload any material that contains imagery or audio content which: (a) are sexually explicit or suggestive, violent, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity, promote the excessive or irresponsible consumption of alcohol; or (b) promote illegal use of alcohol, drugs, tobacco, firearms (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) are obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than those supplied by the endorsing competition brand), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (f) depict, and cannot itself be in, violation of any law.
If Team Leader uploads any material to the Site (including, without limitation, films) Team Leader hereby grants to us a worldwide, non-exclusive license to use that material in any media and, specifically, to make that material available via the Site and via mobile phone networks. Team Leader warrants that all such materials are original and do not infringe the rights of any third party and that you have the right to grant such license and you agree to waive your moral rights for the purposes of this license. Team Leader also warrants that the material is not obscene, offensive or defamatory to any person or otherwise illegal. Producers reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and Producers may remove the material at any time.
If Team Leader uploads any film, recorded music, text, photographs, graphics or other materials to the Site, Team Leader hereby warrants and represent that Team Leader personally created, wrote and produced such content and all materials contained within such content, or that Team Leader has written permission from or are authorized by the owner(s) of those materials for such use. If Team Leader submits any material containing a 'cover' (i.e. a new version of someone else's song) or any material comprising any pre-existing recorded content (i.e. 'clips' from other films or programmed, 'samples' from other records, photographs, graphics, etc.), Team Leader must tell provide details and releases at the time of submitting.
Team Leader agrees that Team Leader is responsible for everything that Team Leader posts or transmits to the Site and Team Leader agrees (in relation to the Site):(i) not to post content or participate in any form of online activity which is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;(ii) not to post content which Team Leader does not have the right to use and not to transmit any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; and, (iii) not to impersonate any other person or entity. (iv) not to upload your video to another website e.g. YouTube, Facebook, Twitter or any other website unless Team Leader has express permission from 48 FILM Project to do so. Producers will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and Producers express disclaim any liability for such removal. Please note that the information posted to the Site by Team Leader represents the views or findings of the relevant Team Leader and is not necessarily the views of 48FILM Project.
The films must be original work of the participating Team in order for them to be suitable for the Festival. The rights of a third party must not be violated, the films must be suitable for screening (e.g. must not contain immoral or improper scenes), must not contain immoral or pornographic material, must not contain slanderous or defamatory statements of any person, company, organization or entity, must not violate the privacy or other right of any individual, company or entity, must not violate by any means any laws in effect and must not illegally appropriate any trademark, logo or other element, or any intellectual or industrial property rights (apart from those belonging to the participating team and/or to 48FILM Project). Participations found by the Festival to be containing prohibited or inadequate content will be disqualified. 48FILM Project Festival reserves the right to choose who is or is not a suitable participant at its own discretion. 48 PROJECTS Inc., and 48FILM Project Festival reserve the right to modify the terms and conditions of the festival at its own discretion. Any modifications will be announced ONLY on the official web site of the Festival, 48filmproject.com The submission of the Application of Participation entails complete, explicit and unconditional acceptance of the Terms and Conditions of participation and the Process that is included on our website.
All prizes can be change at any time, and are non-transferable, non-negotiable and non-refundable and have a cash value of no more than their face value, if any. There are no cash alternatives for the non-cash prizes. Any tax incurred on the prizes received by winners shall be paid by the winners.
Winners will be announced on site and/or over the Press and will be notified by email through the official site www.48filmproject.com. Winners and finalists will be selected by 48FILM Project committee and its adjudicators from all valid and accepted entries on or after the closing date of the Contest and shall be notified by email and/or other means. Where further information is requested, the winners and/or finalists shall have five (5) days to respond in full to the request or an alternative winner/ finalist shall be chosen or shortlisted. Details of the names of winners and finalists shall appear on the www.48filmproject.com Site. Failure to claim any prize within five (5) days, or in the manner specified, may result in disqualification or selection of an alternate winner/finalist. www.48filmproject.com Site shall not be liable if a prize cannot be accepted or otherwise taken for any reason. Winners and finalists must agree to participate in reasonable post-competition publicity surrounding 48filmproject.com, the Site and the event including the association of their name, approved biography, likeness and content with 48filmproject.com, the Site and the event, and the making available of the winning entry or entries via the Site (and related sites) for promotional and marketing purposes. When completing your entry electronically Team Leader will have to verify this in writing before the prizes or awards will be issued by 48FILM Project). This form will be sent to Team Leader once Team Leader has submitted his/her film.
The brands, products and service names used or appearing within the Site (including, without limitation,'48' badge and '48FILM Project') are the trademarks or trade names of 48FILM Project or its trading partners unless otherwise stated. Team Leader may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of 48FILM Project.
Team Leader agrees and understands that there may be competition specific terms and conditions which must be read and accepted before your content submission can be accepted for entry. These terms will be available on the competition web pages on the Site. Team Leader may also be required to print, sign and fax/scan/email the documents back to 48FILM Project.
Team Leader agrees that the liability of 48 Projects Inc. and its executives, and 48FILM Project to Team Leader under this Agreement shall be limited to the amount Team Leader has actually paid to 48FILM Project for its products or services. Except as set out herein, 48FILM Project shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of Team Leader's participation in 48FILM Project or Team Leader's use of this Site or in relation to the goods and/or services that Producers provide.
All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, Producers do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
Team Leader agrees to indemnify 48FILM Project for any loss or damage that may be incurred by 48FILM Project, including without limitation legal fees, arising from any breach by Team Leader of any warranty herein or Team Leader's misuse of any material or information obtained through the Site.
Team Leader's use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Team Leaders from the date and time such revised terms have been posted on the Site. Team Leader's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
This Agreement shall be governed by and will be construed in accordance with the laws of the STATE OF CALIFORNIA. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the California Courts.
Team leader and/or the Filmmaker have properly informed properly every participant party and have obtained the right and signature of every member of the following waiver and releases agreements:
The Filmmaker confirms that the Filmmaker will obtain the following consent ("Consent") of the parent or guardian (I, me, my) of the minor "Minor", "Child", "Ward" who appears in or who has contributed in any way to the Production of the Film as defined in the foregoing Waiver and Release Agreement:
"I represent and warrant that I am the parent or guardian of the minor whose name appears above, that I have read and approve of the foregoing Release, and consent to its execution by my child/ward. For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, I hereby release the Released Parties as set forth and in accordance with the foregoing Release from any claims and/or causes of action I may have against them of any nature whatsoever, and I hereby fully and unconditionally guarantee my child's/ward's releases, waivers and grant of rights as set forth above."
The Filmmaker hereby agrees to obtain the Consent in writing and send by registered mail the Consent within 15 days of participation in the Competition, to 48P company's official mailing address at: 433 N. Camden Drive Suite 600, Beverly Hills CA 90210, USA. In the event of non-receipt of the signed Consent within 15 days by 48P, 48P may disqualify the Filmmaker's competition entry and any prizes given or implied shall be withdrawn.
The owner, lessee, manager or otherwise responsible person(s) or party(ies) for the location(s) used in the making of the Film is for the purposes of this agreement the "Owner". The "Owner" hereby grants to the signatory of this Team Leader Agreement ("Filmmaker") and to 48 Projects Inc. ("48P""), ( collectively "Producer) and their respective parents, subsidiaries and affiliates, licensees, successors and assigns (collectively "the Released Parties"), for good and valuable consideration, receipt of which is hereby acknowledged, permission to access, enter upon and use the Property identified above and the contents thereof and the appurtenances thereto (the "Property") for the purpose of photographing and recording certain scenes in connection in and in connection with a motion picture ("Film") being produced by ("Producer") as part of the 48FilmProject.com 2017, (the "Project"), as well as in connection with any "behind the scenes" recordings taped, filmed, recorded and/or otherwise produced by 48P with regard to the "making of" the Project ("Documentary Footage"), during production thereof. All physical embodiments of filming, recording and photography on the Property shall hereinafter be known as the "Materials". Producer may place all necessary facilities and equipment on the Property and agree to remove same after completion of work and leave the property in as good of condition as when received. Producer will use reasonable care to prevent damage to said Property. Owner irrevocably grants to Producer and 48P all rights of every kind in and to the Materials including without limitation the right to exploit the Materials throughout the world, in any and all languages, an unlimited number of times, in perpetuity in any and all media, now known or hereafter invented, in and in connection with the Film and/or the Documentary Footage, 48P or otherwise and for advertising and promotional purposes in connection therewith and all rights, including copyright in the Materials shall be and remain vested in Producer and/or 48P. In no manner limiting the foregoing, Producer and 48P shall have the perpetual right to edit, dub, subtract from, add to or modify the Materials in any manner, combine the Materials with any other material and/or incorporate it into other Film and/or the Documentary Footage(s). Owner's signature hereon subsequent to the production of the Materials shall have the same effect as if Owner had signed in advance thereof. Owner hereby waives any right of inspection or approval of the appearance of the Property in the Materials, and the uses to which such appearance and/or the Materials may be put. Owner acknowledges that Producer and/or 48P will rely on this permission and this Release potentially at substantial cost to them and Owner hereby agrees that neither Owner, nor any tenant, nor other party now or hereafter having an interest in the Property (collectively "Releasing Parties"), shall have any right of action against the Released Parties or any of them or any other party arising out of the production (including without limitation trespass to real or personal property and/or invasion of privacy) or any use of said Materials whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. In no manner limiting the foregoing, none of the Releasing Parties will be entitled to equitable or injunctive relief in conjunction with any claim or action of any kind against the Released Parties or any of them. The Filmmaker represents and warrants that the Filmmaker has all rights and authority to enter into this agreement and to grant the rights granted hereunder. No other authorization is necessary to enable Producer and/or 48P to use the Property for the purposes herein contemplated. Producer and/or 48P are not obligated to actually use the Property or produce the Film and/or the Documentary Footage or include the Materials in the Film and/or the Documentary Footage for which it was shot or otherwise. This is the entire agreement. This release shall bind Owner and Owner's personal representatives and/or executors. This release shall be governed by and construed in accordance with the laws of the State of California.
For good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the owner, composer, lyricist, arranger, performer, recording artist, music producer, copyright holder,(I, me, my, "Owner") agree to furnish the musical compositions, recordings, performances, and/or other materials described below (collectively "Material") intended to be incorporated in and used in connection with a motion picture ("Film") being produced by ("Filmmaker") as part of the 48FilmProject.com 2017 (the "Project"). The description of the Material is as follows: The materials are described as any music, composition song, lyric, recording, voice and instrumentation, used in and heard in and present in all stages of the Film, including all Film shot, whether used in the final submitted entry or not (collectively "Material").