8 Shorts to Die For Contest
Dread Central and After Dark Films "8 Shorts to Die For"
The Dread Central and After Dark Films "8 Shorts to Die For" Contest (the "Contest") is sponsored by After Dark Films, LLC (“After Dark”) and Dread Central Media, LLC (“Dread Central”) (collectively, "Sponsor"). Judges, including After Dark, will determine the best short films in the horror film genre (“Short” or “Shorts”) in the Contest.
I. CONTEST DESCRIPTION AND ENTRY PERIOD: The Contest is a game of skill offering entrants (“Contestants”) an opportunity to enter Shorts of their own creation in the competition. The entry period begins on Oct. 1st, 2008 at 9:00am Eastern Standard Time ("EST") (the "Start Date"), and ends at 8:00pm EST on Dec. 22nd, 2008 (the "End Date") (such period referred to herein as the "Entry Period").
II. ELIGIBILITY REQUIREMENTS: The Contest is open only to legal residents of the United States who have reached the age of majority in their states of residence on the Start Date. Misrepresentation of age, upon discovery by Sponsor, will disqualify the Contestant. Contestants may make as many submissions as they desire provided that, in each instance, the Contestant is in full compliance with the Official Rules of the Contest. Directors, officers and employees and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor (as well as all employees, directors and officers of their respective parent companies, affiliates, subsidiaries, agents, advertising/promotional agencies, partners or representatives) are not eligible to participate in the Contest in any manner, except as expressly provided herein (e.g., judging Contest submissions) during certain designated stages of the Contest. The Contest is void where prohibited by law.
V. SUBMISSION REQUIREMENTS: Each Short that is entered in the Contest must meet all of the requirements (the “Submission Requirements") set forth below to be eligible for consideration:
(a) All films must be made and submitted at the Contest Site in accordance with the provisions of Section IV above and instructions posted at the Contest Site;
(b) The film must be in the English language or with English subtitles;
(c) The film may be no longer than 3 minutes in length, including titles and/or credits, if any;
(d) It is preferable that no music be embodied in the film. To the extent that a Contestant embodies music in a film submission, the Contestant must clear usage rights to any and all of the music contained in the film;
(e) The film must be the Contestant’s original work;
(f) The film must not contain any obscenity (i.e., the film must, in the sole discretion and determination of the judges, be susceptible to a broad, commercial release) or unlawful content or material;
Any submission that fails to fulfill any or all of the Submission Requirements may be disqualified from the Contest, in the sole discretion of the Sponsor, upon the discovery of such failure. If such failure is discovered following submission, the applicable film will not be further processed and reviewed and will not be considered in the judging of the Contest.
VI. CONTEST CRITERIA AND JUDGING: Contestants will be judged on the basis of originality, creativity, technical quality, story content and commerciality in the horror film genre (a spoof, farce and/or parody of a horror film is eligible to win a prize, provided that no third party rights of any kind or nature are infringed or otherwise violated), with each such factor being accorded equal weight. The persons participating in the judging of the Contest will be individuals employed by or affiliated with After Dark, as well as others who are competent to undertake such task. The decision of the judges shall be final and conclusive.
VII. PRIZES AND VALUE: Eight Shorts submitted by Contestants in the Contest, as solely determined and declared by the judges in accordance with the Submission Requirements and Contest Criteria described in paragraphs V and VI above, will be declared as the winners of the Contest (“Winners”). The Winner of the First Prize will receive an iPod preloaded with the eight (8) films included in After Dark Horrorfest® 2007. The other Winners will each receive either an All Access Pass to After Dark Horrorfest® III or eight (8) tickets for admission to each film appearing at the movie theatre closest to them as part of After Dark Horrorfest® III. The names of the Winners will be mentioned on the Contest Site and in subsequent promotion of this Contest and future contests. Films of Winners may be exploited by the Sponsor in perpetuity, without their further consent, in any and all media now or hereinafter known or devised, including, without limitation, inclusion in a home video (e.g., a DVD) compilation comprised of the winning submissions and, perhaps, other material to be included at Sponsor’s sole discretion Prizes are not transferable or assignable. Prizes may not be substituted for a different prize. Taxes on prizes are the sole responsibility of the Winners.
VIII. ODDS OF WINNING: The odds of winning the Contest will be based on the number and merits of the films submitted. It is reasonable to assume that the greater the number and quality of entries, the more competitive the Contest will be. At least eight (8) Winners of the Contest will be declared. The names of the Winners of the Contest will be available after December 26, 2008 on the Contest Site.
IX. OWNERSHIP AND LICENSING OF RIGHTS TO CONTEST SUBMISSIONS: All film submissions in the Contest shall be and remain the property of the Contestant submitting the films, subject, however, to the rights of the Sponsor to release and exploit the Shorts of Winners as set forth in Section VII above. Further, to the extent the Sponsor wishes to exploit commercially any Short submitted in the Contest that is not declared a winner, the Contestant submitting said Short hereby irrevocably transfers, grants, conveys and assigns to the Sponsor, and their respective successors, assigns and licensees, a nonexclusive license under copyright and otherwise, during the term of the copyright of the film and any renewals thereof, to exploit commercially their Short and the right to use their name, likenesses, photographs, and/or biographical information in any and all media now or hereinafter known or devised in connection without any additional compensation to Contestant for any of the foregoing. Additionally, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, couple or alter, the submissions of any Contestant for any purpose which Sponsor deems necessary and/or desirable, and each Contestant irrevocably waives any and all so-called moral rights they may have therein.
X. INTERNET PROVISIONS/FORCE MAJEURE: Sponsor reserves the right, in its sole discretion, to disqualify and/or to pursue a civil and/or criminal action against any individual who is found to be tampering with the entry process or the operation of the Contest or the Contest Site; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person involved in the Contest. Entries will be deemed void if incomplete or illegible. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries or reviews will be accepted. Sponsor reserves the right to modify, suspend, or terminate the Contest and these Official Rules if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. 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, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest, as applicable.
XI. DATES AND DEADLINES: Because of the unique nature and scope of the Contest, and because of the complexity of the administration 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.
XII. DISCLAIMER OF WARRANTIES: The Sponsor and DailyMotion makes no warranties, and hereby disclaims any and all warranties, express or implied. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE CONDUCTED AND 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. The Sponsor and DailyMotion are not responsible for any incorrect or inaccurate information, reviews, ratings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Contest Site or the Contest, and Sponsor and DailyMotion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Contest Site. Although Sponsor and DailyMotion attempts to ensure the integrity of the Contest, Sponsor and DailyMotion are 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. Sponsor is not responsible for injury or damage to any Contestants’ or any other person's computer or other equipment, or to any person, related to or resulting from participation in the Contest, or downloading materials from or using the Contest Site.
XIII. GENERAL RELEASE AND LIMITATIONS ON LIABILITY: By entering the Contest, Contestants agree that: (1) 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; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, (but in no event in excess of $10,000, and in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Contestant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses(see above), and/or any and all rights to have damages multiplied or otherwise increased. Each Contestant acknowledges and agrees that the Sponsor and DailyMotion is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor and DailyMotion, or otherwise, that may limit a Contestant’s ability to participate in the Contest or send or receive email notifications requiring action or response by such Contestant; or (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light).
XIV. DISPUTES BETWEEN OR AMONG CONTESTANTS: In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Contestants, without limiting Sponsor's rights and remedies, the Contestant that first submitted the submission will be deemed by the Sponsor, for purposes of the Contest, to be the proper Contestant.
XV. GOVERNING LAW/ARBITRATION: Any claims or disputes and all rights and obligations relating in any way to the Contest shall be governed by and construed in accordance with the internal laws of the State of California, without regard to its choice of law principles which would require application of the laws of another jurisdiction. Any claim or dispute arising from or relating in any way to the Contest shall be submitted to binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules (“Arbitration Rules”) as modified by the terms of these Official Rules. The arbitration shall take place in Los Angeles, California before a single arbitrator, selected pursuant to said Arbitration Rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator shall be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to have under federal law or the laws of the State of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable Contestant or other party may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a trial by jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If any party shall fail to appear at the hearing on the date designated in accordance with the Arbitration Rules, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Rules, or any other agreement between the applicable Contestant or other party and Sponsor in connection with the Contest, said party’s sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Paragraph, and in no event will any party be entitled to seek injunctive or other equitable relief. YOUR PARTICIPATION IN THE CONTEST SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO COMPLY WITH ALL OF THE REQUIRMENTS SET FORTH IN THE OFFICIAL RULES. ACCORDINGLY, IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION HEREIN), DO NOT PARTICIPATE IN THE CONTEST.
XVI. REPRESENTATIONS AND WARRANTIES/ INDEMNIFICATION: Each Contestant who makes any submission in connection with this Contest represents and warrants to Sponsor as follows: (i) the submission is the Contestant’s own original work, and has been created solely by such Contestant; (ii) the submission is wholly original with Contestant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (v) the submission will be submitted in good faith and will comply with these Official Rules and the requirements set forth in any other agreement(s) Contestant may enter into with Sponsor; and (vi) the submission will not contain any "viruses" or other information, code, or material(s) that may damage or otherwise interfere with the Contest, Contest Site, Sponsor's computer systems or data, or the computer systems or data of any other person or entity. Each Contestant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third party claims, actions, damages, liabilities, costs and expenses (including reasonable attorney’s fees) of any kind, including without limitation infringement or alleged infringement of the intellectual property or other rights of said third party by Contestant, and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Contestant hereunder.
XVIII. INVALIDITY/HEADINGS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
BY ENTERING THE CONTEST, EACH CONTESTANT FULLY AND UNCONDITIONALLY AGREES BOTH TO COMPLY WITH AND ABIDE BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS, AND TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS THAT GOVERN CONTESTS OF THIS KIND AND NATURE.
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