Official Rules

1. DESCRIPTION

These official rules ("Official Rules") govern the "2018 Cleveland Indie Film Incubator Project" (the "Project"). The Project begins at 12:01 AM EST, March 1st, 2018, where Participants can enter a short "pitch video" submission ("Submission") as further described herein, and the Submission period closes at 11:59 PM EST, April 8th, 2018

2. ELIGIBILITY

The Contest is open only to permanent legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age and older as of March 1st, 2018. Void where prohibited by law. Professional directors are not eligible. A "professional director" is defined as any individual who, as of March 1st, 2018, is (i) a member of the Directors Guild of America ("DGA") or (ii) has directed a feature film that was acquired for the purposes of, and subsequently received, paid distribution in any medium. Contestants also must provide a valid email address and phone number.

3. HOW TO ENTER

To enter, visit www.ClevelandIndieFilmIncubator.com (the "Site"), during the Submission Period. Contestants should follow the instructions on the Site to complete the registration form for the Project and successfully upload the Submission to the Cleveland Indie Film Incubator website. All Submissions must comply with the Submission Guidelines, as more fully described below. All registration information is required in order to participate in the Contest. A Submission can only be made by an individual Participant. All prizes and responsibilities will rest on that Participant, although they will have the ability to include more members of the team at further points of Finalist Status. Participants may only submit one Submission; other Submissions submitted by Participants will be disqualified. Each Participant shall be deemed to have made and entered into all of the representations, warranties and agreements contained herein and shall be obligated and bound thereby. Except as otherwise expressly set forth herein, all of the Promotion Entities' rights pursuant to these Official Rules relate to and are exercisable against each Participant. Limit one Submission per Participant.

4. SUBMISSION ELEMENTS

Please include the following elements within your Submission:

  • The name of your pitched short (even if tentative)
  • A short treatment of the script, containing the basic "pitch" for your short: setting, tone, genre, main character/s, central narrative arc/s.
  • Your name and contact info
  • Proposed length of your finished script/short, in runtime or page numbers
  • An explanation of what sets your story apart and why it needs to be told
  • A treatment, partial or completed script
  • A video

5. SUBMISSION GUIDELINES

All Contest Submissions shall conform to the following guidelines: The Submission must be Participant's original creation; The Submission must be performed in the English language, but common foreign words/phrases are acceptable; The Submission must be new: not already produced, not already sold to a third-party, and not distributed on-line or otherwise; 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 shall not infringe the copyright or any other proprietary right of another individual or entity, nor shall it contain music from published artists as this may cause your Submission to be removed from the Project; The Submission must not have previously been entered into any competition or contest or won any award prior to submission into the Contest; The Submission must not focus on any brands or logos; Sponsor shall maintain the right to disqualify any Submission in violation of this element in its sole discretion; 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); The Submission must not contain any nudity, pornographic or unlawful content or obscene or objectionable material as each is judged in Sponsor's sole discretion; All Submissions must be in one of the following formats: MP4 or Quicktime (.mov); 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 50MB; The Submission must be shot in landscape; The Submission must not contain any software viruses or other codes or programming designed to limit, impair, destroy, interfere or otherwise cause harm to the Project, the Site, other Participants, Submissions, individuals, or Promotion Entities. The Participant 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 scene, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the scene. In the event that a Participant does not have the appropriate rights, the Submission may be disqualified in the Sponsor's sole discretion. In the event of such a disqualification, a Participant may edit and resubmit the Submission, provided that the Submission Period is still open. If you believe in good faith that any other material hosted on the Site infringes your copyright, please see and follow the complaint procedures set forth in the Site's Terms of Use. In the event of any such dispute at any time during the Contest Period, Vision Media and Marketing dba Cleveland Camera Rental (the "Sponsor") reserves the absolute right to remove any Submission or block access to the Site and to take whatever actions 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 Submission. In the event of a dispute where a given Submission is deemed to have been submitted by two (2) or more separate Participants, without limiting Sponsor's rights and remedies, the Participant that first submitted the Submission will be deemed the proper Participant for the Submission. In the event of any dispute regarding the identity of a Participant, the relevant Submission will be deemed submitted by the email account holder used to enter the Contest. Submissions must comply with and are subject to all of Sponsor's Terms of Service, Privacy Policy, federal, state and local laws, rules and regulations including, but not limited to, those concerning defamation and invasion of privacy, and must not infringe on the copyrights or trademarks or otherwise violate the rights of another person or entity, as determined by Sponsor in its sole discretion. If a Submission includes such material or an element contained in a Submission is deemed unsuitable for public presentation (e.g., includes nudity or pornography, etc.), unfavorably depicts the Promotional Entities, defames brands or individuals, contains hate speech (including words, symbols or hashtags that are widely considered offensive to individuals of a certain race, ethnicity, religion, gender, sexual orientation, or socioeconomic group) or is inconsistent with the spirit, theme or image of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify the Submission. Further, Sponsor reserves the right in its sole discretion to disqualify any Submission that, in its sole opinion, does not comply with these Submission Guidelines, entry requirements or Official Rules.

6. LICENSE TO SPONSOR

By participating in the Project and uploading a Submission, Participants grant Vision Media and Marketing, and its licensees, successors, and assigns an irrevocable, non-exclusive, royalty-free, license (but not the obligation) to use, copy, sublicense, transmit, distribute, publicly perform, display, exhibit, alter, edit, scan, duplicate, modify or create derivative works from the Submission in any manner, including in advertising, promotion and publicity materials, in any medium now known or hereafter devised, throughout the world, in perpetuity. Contestants irrevocably waive any and all so-called moral rights they may have therein. Contestants acknowledge and agree that the Promotion Entities do not have now, nor shall in the future have, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Submissions.

7. PRIZE

The winner (the "Winner") of the Project will receive the following prize (the "Prize"): the opportunity to work with Cleveland Camera Rental to write, direct and produce a narrative short film (the "Short") based upon the Winner's pitch video. (6) Mandatory Workshop sessions to develop the filmmaker themselves and the submitted short film project. Crew and equipment for (2) full production days, (12) hours max each. Crew is to include (1) Director of Photography, (1) Sound Operator with appropriate mixer/microphones, and (1) Assistant Director. These positions are assigned at the discretion of Cleveland Camera rental and no specific guarantees of position are made. The crew may be supplemented by the Participant and any of their associates, although limitations on staffing may be made by the Sponsor. Equipment to include at least (1) cinema-capable camera with support gear, lighting fixtures and modifiers, audio equipment. The finalists ("Finalists") of the Project will receive the following prize: A $500 rental credit toward the production of their concept, granted upon completion of the (6) mandatory Workshop sessions. (6) Workshop sessions with industry professionals to develop the Participant and their concept.

8. PROJECT JUDGING

The Project will consist of multiple rounds of judging. Those rounds are described in further detail below. (6) total Finalists will be selected to go through the Workshop process after the close of the Submission process on April 8th, 2018. (6) Finalists will be chosen by the previous year's winners, and (1) Finalist will be selected by popular vote as described in a later release. These 6 Finalists will attend 6 Workshop sessions to develop their concepts with their peers and industry experts. At the conclusion of the workshop period, all Finalists we have the opportunity to pitch their concept to panel of judges. The panel of judges will determine who is the Grand Prize Winner. In the event of a tie, Cleveland Camera Rental will determine the Grand Prize Winner. (1) Grand Prize Winner from all eligible Participants. To be eligible for any prizes, Participants must attend all workshop sessions. Final judgment for all selections and awards (including eligibility of popular vote selection) is reserved by Cleveland Camera Rental.

9. OBLIGATIONS FOR WINNER

Winner must sign and return all documents sent by Sponsor, including but not limited to a production agreement with Sponsor, within seven (7) days (including Weekends and Postal Holidays) of attempted notification. Noncompliance within this time period may result in disqualification without further notice and an alternate winner may be selected. Return of any document as undeliverable may result in disqualification without further notice and an alternate winner may be selected. All taxes (including, without limitation, federal, state, and local taxes) on or connected with the Prize and the reporting consequences thereof are the sole and exclusive responsibility of the Winner. No substitution or transfer of the Prize by Winner permitted. Sponsor reserves the right to substitute the Prize for a prize of equal or greater value. As a condition of accepting the Prize, the Winner must be willing and available to render full-time, in-person services in connection with the production 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.

10. PUBLICITY RELEASE

By participating in the Contest, either as a Contestant or Team (each a "Participant," and collectively, "Participants"), in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Participant in the Contest, each Participant irrevocably grants and assigns to the Promotion Entities and their respective successors, assigns and licensees, the right to use his or her name, likeness, photograph, and biographical information in any and all media throughout the world, for any purpose, including without limitation advertising and promotional purposes, including but not limited to the Site. Participants unconditionally release the Promotion Entities from any liability with respect thereto.

11. GENERAL RULES

Proof of submission is not proof of receipt of entry. Participants agree to waive all claims to and shall receive no royalties of any kind now or in the future from Promotion Entities for use of Submission in the Contest, Site, or otherwise, and Participants represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules, and that the Submission is not subject to any collective bargaining agreements. 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. Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information, ratings or statements in the Contest or Submissions and is not responsible for any incorrect or inaccurate information, reviews, ratings, or other materials, whether caused or created by a Participant or other individual, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Site or the Contest. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected mail, e-mail, or direct messages or for any technical problems, malfunctions of any telephone lines, telephones, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any damage to any Participant's computer system/software related to or resulting from participation, uploading or downloading any materials in this Contest. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If a Contestant submits more than the stated number of Submissions permitted, and/or if the Sponsor suspects that a Contestant attempted to obtain additional Submissions by using multiple email accounts, identities or any other method, all Submissions submitted by the Contestant will be declared null and void. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such Submissions by such methods. The Contest may be cancelled, modified, terminated or suspended if the relevant platforms are infected by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside control of Sponsor which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is suspected of tampering with any entry process or the operation of the Contest or the Site. In the event Sponsor is prevented from continuing with the Contest or the production of the Digital Series 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, technical issues with the Site, 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 within the Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest or the production of the Digital Series. In such an event, a notice will be posted on the Site. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying 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. Each Participant acknowledges and agrees that his or her participating in the Contest shall not give rise to any special, implied-in-fact, implied-in-law, or other fiduciary relationship with Sponsor or any Promotion Entity. By participating in this Contest, each Participant agrees to be bound by the Official Rules and the decisions of Sponsor and Sponsor's designees, which shall be final and binding in all respects. Promotion Entities are not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

12. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION

Each Participant represents and warrants to Sponsor as follows: (i) the Submission is the Participant's own original work; (ii) the 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; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene. Additionally, each Participant represents and warrants to Sponsor as follows: (i) the Participant will comply with these Official Rules and the requirements set forth in any other agreement Participant may enter into with Sponsor; (ii) the Participant will not violate any laws, rules, or regulations regarding their participation in the Contest; and (vi) the Participant will not upload any "viruses" or other information, code, or material(s) that may damage or otherwise interfere with the Contest, Sponsor's computer systems or data, or the computer systems or data of any other person or entity. Each Participant hereby agrees to indemnify, defend, and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind 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 Participant hereunder.

13. GENERAL RELEASE; LIMITATIONS ON LIABILITY; WAIVER

BY ENTERING THE CONTEST, EACH PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZES AWARDED, 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, NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT 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, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Each Participant acknowledges and agrees that the Promotion Entities are 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 Submissions or Ratings or for failure to receive Submissions or Ratings due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit a Participant's ability to participate in the Contest or send or receive notifications requiring action or response by such Participant; and (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 Participant's rights of publicity or privacy, or the Participant's claim that he or she has somehow been defamed or portrayed in a false light). Each Participant 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 Participant 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.

14. GOVERNING LAW/ARBITRATION

These Official Rules, the rights and obligations of the parties, and any claims or disputes relating in any way thereto shall be governed by and construed in accordance with the internal laws of the State of Ohio, without regard to its choice of law principles which would require application of the laws of another jurisdiction. Any dispute between the parties arising out of or relating to these Official Rules shall be submitted to binding confidential arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules as modified by the terms of this Agreement. The arbitration shall take place in Cleveland, Ohio before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules 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 UNDER FEDERAL LAW OR THE LAWS OF OHIO 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 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 JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, 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, the Site's Terms of Use or Privacy Policy, or any other agreement between the applicable Participant and Sponsor in connection with the Contest, Participant's sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Paragraph, and in no event will any Participant 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.

15. PRIVACY

Information submitted in connection with the Project will be treated in accordance with these Official Rules and the Site's Privacy Policy, provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

16. 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.