GENERAL RULES
The following is an explanation of rules and regulations (“Rules and Regulations”) governing the submission of a creative work (hereafter called the “Project”) to Diverse Points of View & (hereafter called the “Festival”) for consideration for all aspects of the 2015 Diverse Points of View Arts & Entertainment Festival (hereafter called the “Festival”).
I. GENERAL RULES AND REGULATIONS FOR SUBMISSION OF A FILM TO DIVERSE POINTS OF VIEW ARTS AND ENTERTAINMENT FESTIVAL:
Preference is given to material completed after January 1, 2013 though material completed between January 1, 2012 and December 31, 2013 will still be considered. Material completed prior to January 1, 2012 should be submitted to the Retro Release category.
In order for your work to be considered for the Best of the Fest Competition, minority representatives from films accepted into the festival must attend each festival in all three cities and make themselves available for a Talk Back session following the screening of the film.
1) U.S. and International Narrative and Documentary Feature Films that have previously been exhibited theatrically at one or more private screenings for which tickets were not available to the general public retain eligibility for submission to the Festival.
2) It is the sole responsibility of the Applicant to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Film. The Festival expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for copyright infringement. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any copyrighted content or material, Applicant shall fully indemnify and defend the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
3) It is the sole responsibility of the Applicant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Film. The Festival expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for trademark infringement, trademark dilution or unfair competition. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any trademarked content or material, Applicant shall fully indemnify and defend the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
4) It is the sole responsibility of the Applicant to clear all content of the Film from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”). The Festival expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Film that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, Applicant shall fully indemnify and defend the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any and all fees and expenses, including but not limited to attorneys’ fees, that each of any of them may incur in connection therewith.
5) Applicants submitting Films that contain significant non-English spoken dialogue must provide on-screen English subtitles. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film that contains significant non-English spoken dialogue that does not include accompanying on-screen English subtitles.
6) All Feature Films (50 minutes or longer) must be submitted to the Festival on a single disc (DVD-R, DVD+R, DVD-R DL, DVD+R DL, or Blu-ray). The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from Applicant, any feature-length Film that is not submitted using one of these formats. If the Film is submitted in multiple parts on multiple discs, the Festival reserves the right to judge the Film based on the first disc included, with no further obligation to view the contents of the remaining discs.
7) All Short Films (less than 50 minutes in length) must be submitted to the Festival on a single disc (DVD-R, DVD+R, DVD-R DL, DVD+R DL). The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from Applicant, any Short Film that is not submitted using one of these formats. Short Films may not be submitted on Blu-ray disc. If multiple short films are included on a single disc, the Festival reserves the right to judge only the first film included on the disc, with no further obligation to view the remaining contents of the disc.
8) It is the sole responsibility of the Applicant to ensure that the submitted disc plays in its entirety on an industry-standard DVD or Blu-ray player prior to submitting it to the Festival. In the event that a submitted disc does not play in an industry-standard standard DVD or Blu-ray player, the Festival will attempt, but is under no obligation, to contact the Applicant using the contact information provided on the submission form in an effort to obtain a replacement copy of the Film. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film whose initially submitted disc does not play on an industry-standard DVD or Blu-ray player.
9) It is the sole responsibility of the Applicant to ensure that the submitted disc arrives at the shipping destination provided to the Applicant upon completion of the submission form. In the event that a submitted disc does not arrive at the designated shipping destination within the deadline window selected by the Applicant, the Festival will attempt, but is under no obligation, to contact the Applicant using the contact information provided on the submission form in an effort to obtain a submission copy of the Film. The Festival reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film that does not arrive at the designated shipping destination within the deadline window selected by the Applicant.
10) In the event that the Applicant remits an updated version of the Film to the Festival after having submitted a previous version of the Film to the Festival during the same calendar year, the Festival is under no obligation to view any or all of the updated version.
11) Upon completion of the Festival selection process, the Festival will attempt to contact the Applicant using the contact information provided on the submission form to notify the Applicant of the Film’s acceptance status. The Festival disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant using the contact information provided on the submission form. It is the sole responsibility of the Applicant to ensure that the contact information provided on the submission form is correct throughout the entirety of the Festival selection period.
12) The Festival is under no obligation to provide to the Applicant or any other representative of the Film any comments or feedback regarding the submitted Film, any information relating to the manner in which the Film is, will be, or was reviewed; any views that the Festival or any reviewers of the Film may hold concerning the Film; any reasons why the Film, should it not be accepted for exhibition at the Festival, was not accepted; or any other information relating to the Festival’s review, consideration and/or selection process regarding the Film specifically or submissions generally beyond the information set forth in these Rules and Regulations. The Festival disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback regarding any Film that are or may be obtained by the Applicant or any other representative of the Film; any communications by any representative of the Festival relating to the Film or the Festival selection process; the manner in which the Film shall be, is or was considered and reviewed; the identity or identities of any specific reviewers of the Film; and/or any failure on the part of the Festival to provide the Applicant or any other representative(s) of the Film with information concerning the Festival’s consideration and/or review of the Film.
II. SUBMISSION CATEGORIES & ELIGIBILITY REQUIREMENTS:
Films submitted to the Festival for consideration for the Festival may apply in one of the following submission categories. The Festival reserves the right to determine eligibility of any film for any Festival program or submission category. The following is a description of each submission category, along with eligibility requirements for each:
FEATURE FILMS
The organizers of Diverse Points of View invite women filmmakers of all ages from around the world to enter their feature film of a minimum runtime of 50 minutes in length into the inaugural year of Diverse Points of View. To qualify, one of the following positions must be held by a woman: Writer, Producer, Director, Cinematographer, Production Designer or Editor. If the director is a male, in order for the project to be eligible for submission, we require that two of the aforementioned positions are women and the overall project must be in support of women. This is a competition category.
SHORT FILMS
The organizers of Diverse Points of View invite women filmmakers of all ages from around the world to enter their short film with a maximum runtime of 50 minutes in length into the inaugural year of Diverse Points of View. To qualify, one of the following positions must be held by a woman: Writer, Producer, Director, Cinematographer, Production Designer or Editor. If the director is a male, in order for the project to be eligible for submission, we require that two of the aforementioned positions are women and the overall project must be in support of women. This is a competition category.
RETRO RELEASE
Dust off that ole' festival favorite from years ago and breathe new life into it. If you have a film you completed prior to January 1, 2012 and either you experienced a decent festival run or feel like the film didn’t receive the recognition you thought it deserved, this is the category for you. The organizers of Diverse Points of View invite women filmmakers of all ages from around the world to enter their feature film with a minimum runtime of 50 minutes in length and/or short film with a maximum runtime of 50 minutes into the inaugural year of Diverse Points of View. To qualify, one of the following positions must be held by a woman: Writer, Producer, Director, Cinematographer, Production Designer or Editor. If the director is a male, in order for the project to be eligible for submission, we require that two of the aforementioned positions are women and the overall project must be in support of women. This is a non-competition category.
VISIONARY SCREENWRITER COMPETITION
The Visionary Screenwriter Competition has been developed by screenwriters for screenwriters. The Visionary Screenwriter Competition focuses on the writer's unique creative contribution to the film and television industries. The Visionary Screenwriter Competition is open to anyone who is eligible to enter either Diverse Points of View or (i.e. a woman or minority).
Our awards are deliberately development focused. We encourage everyone to embrace the development and feedback process. The judges are looking for an engaging premise, well executed, with compelling characters, sharp dialogue and a satisfying ending. We want your best work without regard to genre or budget.
The Visionary Screenwriter Competition takes copyright infringement seriously. All work submitted must undergo either copyright certification via the Library of Congress (preferred) or via the Writers Guild of America (East or West).
MUSIC: SOLO ARTIST OR GROUP
Diverse Points of View will accept submissions from musicians beginning in March 2014. Separate Terms & Conditions will apply. Visit our website at www.herpointofview.tv to sign up for our periodic newsletter and immediate notification when this category begins accepting submissions.
FINE ART
Diverse Points of View will accept submissions from fine artists beginning in March 2014. Separate Terms & Conditions will apply. Visit our website at www.herpointofview.tv to sign up for our periodic newsletter and immediate notification when this category begins accepting submissions.
III. FESTIVAL PROGRAM CATEGORIES & ELIGIBILITY REQUIREMENTS:
Please be advised that the information listed below is subject to change at any time, as our Festival program categories will vary from year to year. Films accepted by the Festival into the Festival will be placed, at the sole and absolute discretion of the Festival Programming department, in one of several program categories. Applicants may submit their Films directly to any specific category however the festival programming director reserves the right to make final determination of category acceptance.
TERMS AND CONDITIONS
I, the authorized representative of the project being submitted (hereafter called the "Film") to Diverse Points of View & Arts and Entertainment Festival (hereafter called the “Festival”) for consideration for the 2014 Diverse Points of View Arts and Entertainment Festival (hereafter called the “Festival”), hereby acknowledge and agree to the following:
1. I represent and warrant to the Festival that: (a) I am duly authorized, on my own behalf and on behalf of all other persons or entities who have any ownership rights or interests (including, without limitation, intellectual property rights) in or relating to the Film (hereafter called the “Film’s Owners”), to exhibit this Film at the Festival, (b) exhibition of the Film at the Festival will not violate any law or any right or consent of any person or entity; and (c) the Film is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Film the subject of any threat of litigation, arbitration, or other adverse claim or proceeding.
2. I further represent and warrant, on behalf of myself and the Film’s Owners, that the exhibition of the Film at the Festival will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Film does not constitute or include a defamation of any person or entity. I have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from or associated with the exhibition of the Film at or in connection with the Festival.
3. In the event that the Film is accepted by the Festival for inclusion in the Festival, I acknowledge, on behalf of myself and the Film’s Owners, that the Festival’s exhibition or presentation of the Film at the Festival does not and will not create any confidential or fiduciary relationship between the Festival on the one hand and myself and/or the Film’s Owners on the other. I further acknowledge, on behalf of myself and the Film’s Owners, that I and we understand that neither I nor any of the Film’s Owners will receive any compensation for such exploitation, although some prizes at the Festival may include cash awards. I acknowledge that no obligation of any kind is assumed by, or may be implied against, the Festival in the event of, by virtue of, or as a result of the Festival’s selection of the Film for the Festival. I and the Film’s Owners understand and acknowledge that the selection of the Film for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by the Festival of the content of the Film or any opinion expressed therein.
4. I agree, on behalf of myself and each of the Film’s Owners, to indemnify and hold harmless the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “Diverse Points of View & Related Parties”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person or entity, or may be incurred by the Festival, or any Diverse Points of View & Related Parties, at any time in connection with the Film or the Festival’s use, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by the Festival, or any Diverse Points of View & Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.
5. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Film is being submitted to the Festival voluntarily and without promise or inducement, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Festival, or any Diverse Points of View & Related Parties accept the Film for inclusion in the Festival, to exhibit the Film at the Festival, to acknowledge the submission of the Film, or to return the Film to me or others. I further agree, on my own behalf and on behalf of the Film’s Owners, that I and the Film’s Owners, in submitting the Film for consideration, are waiving, forfeiting, foregoing and relinquishing any right that I or we might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against the Festival, or any Diverse Points of View & Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Film (including, without limitation, claims relating to any failure or refusal to exhibit the Film at the Festival, the exhibition or marketing of the Film at or in connection with the Festival, alleged oral or written representations by the Festival or its representatives relating to the submission or exhibition of the Film, and any other matters arising from or relating to the submission of the Film), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreement set forth in the immediately preceding sentence, I agree, on my own behalf and on behalf of each of the Film’s Owners, to indemnify the Festival and the Festival from any and all Claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by the Festival, or any Diverse Points of View & Related Parties as a result of or in connection with any such Claim or any action, arbitration or other proceeding brought in violation of the representations and agreements set forth in this paragraph, including, without limitation, reimbursement of all attorneys’ fees incurred or to be incurred by the Festival, or any Diverse Points of View & Related Parties in connection with any Claim or any action, arbitration or other proceeding brought or initiated by me or any of the Film’s Owners or any other representative of, or person affiliated with, the Film.
6. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above and paragraph 10 below, I further agree and accept that, in the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, by me, any of the Film’s Owners, or any other representative of or person affiliated with the Film, in violation of the agreements set forth in paragraph 5 above, and in the further event that an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, the sole and maximum remedy that could be awarded to me or any other person or entity asserting any Claim shall be a refund of the submission fee paid in connection with the submission of the Film to the Festival for consideration for the Festival. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to me, the Film’s Owners, or any other person or entity representing or affiliated with the Film.
7. In the event that the Film is accepted by the Festival for inclusion in and exhibition at the Festival, I hereby grant, on behalf of myself and each of the Film’s Owners, each of the following rights to the Festival, or any Diverse Points of View & Related Parties without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Film for promotional purposes; and (b) the right to issue and authorize publicity concerning the filmmakers and the Film and to use all associated names, likenesses and biographical information. I also agree to provide up-to-date contact information pertaining to the director and producer(s) of the Film, and to grant the Festival, at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor Festival events.
8. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Festival has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by the Festival with respect to selection of films for inclusion in the Festival, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Festival, or any Diverse Points of View & Related Parties to provide me, the Film’s Owners, or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Film by the Festival for possible inclusion in the Festival.
9. I represent that I am 18 years of age or older, or that, if I am younger than the legal age to enter into contracts in my state, I have provided the Festival with signed, written consent from my parent or legal guardian.
10. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above, I further agree, on behalf of myself and each of the Film’s Owners, that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Film, the Festival, or these Terms and Conditions, including, without limitation, any Claim (as this term is defined above) and any other claim or cause of action of any nature arising from the actual or alleged breach, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of California and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Los Angeles, California, which shall be the sole and exclusion forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall issue a written award and, subject to the terms of paragraph 6 hereof, shall have the right to award monetary relief. I specifically agree and acknowledge, however, that the arbitrator shall not have the power to award punitive or exemplary damages, nor shall the arbitrator have the power to order the Festival to include the Film in the Festival or to award other injunctive or non-monetary relief. The arbitrator shall have the power to award, and shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and JAMS administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, I hereby waive, forfeit and relinquish, on behalf of myself and each of the Film’s Owners, any right or entitlement that I or the Film’s Owners might otherwise have had to bring or litigate any claim or claims encompassed by this paragraph in any federal or state court against the Festival, or any Diverse Points of View & Related Parties, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.
11. I hereby acknowledge that I have the right to consult with an attorney of my own choosing with respect to these Terms and Conditions and with respect to the Rules and Regulations for submitting a film to the Festival. By clicking “I Agree” below, I agree that I am doing so after having consulted with an attorney or after I freely or voluntarily elected not to do so without coercion or duress.
12. I hereby acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival, and that the information contained in said Rules and Regulations does and shall supersede any information obtained elsewhere, including, but not limited to, information contained in any Frequently Asked Questions (FAQ) documents and/or rules and regulations documents from prior years.
By clicking "I Agree" below, I freely and voluntarily give and express my full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. I acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to me or the Film’s Owners by the Festival, or any Diverse Points of View & Related Parties.
TERMS & CONDITIONS OF SCREENWRITER CATEGORY
Submissions that do not follow these official terms and conditions will be disqualified.
As sole owner and author of the submitted screenplay, I fully attest that the following is true and correct:
1. I have read, understand and agree fully to with the official terms and conditions of the Visionary Screenwriter Competition and hereby request that
you read, view, evaluate and judge my submitted screenplay.
2. I warrant that I am the author of the submitted screenplay and that I have the full and exclusive rights to submit the screenplay to the Visionary Screenwriter Competition. I further understand that submissions with multiple authors must include each author's name on the Visionary Screenwriter entry form. There are no disputes regarding the ownership of the material submitted. If more than one party is listed on this agreement, the reference "I" throughout the agreement shall apply to each party, jointly and severally.
3. I understand that there is no limit to the number of screenplays I may submit in each of the categories. Multiple submissions are accepted, but a separate submission fee must accompany each screenplay.
4. Checks returned to us will incur a standard $50 fee that must be paid, even if you choose to pull your screenplay from the competition.
5. I understand that the Visionary Screenwriter Competition is not responsible for late or lost submissions.
6. I understand that the entrant must pay the cost of shipping an entry to the festival. Collection of C.O.D. shipments will not be accepted. All international entries must be sent "free domicile" to the competition office with all transportation charges, duties, and taxes prepaid by the shipper. Any brokerage fees charged to the Visionary Screenwriter Competition will be billed back to the shipper. Be sure to include all the proper customs documentation required by the shipping company.
7. I understand that entries received with incomplete information will not be considered.
8. I warrant that the submitted screenplay is not currently under option and/or has not been purchased by any third party.
9. I understand that in the event that my screenplay entry is produced, optioned or sold after being received, the author(s) must notify Visionary Screenwriter Competition IMMEDIATELY. All entry fees are non-refundable.
10. I acknowledge and understand that the Visionary Screenwriter Competition, its parent company Diverse Points of View, Inc. or any of its officers, employees or representatives will not seek employment for me, nor serve as my agent, manager or representative.
11. I warrant that the submitted screenplay does not invade or defame the rights of any person, living or dead.
12. I understand that neither the competition nor its jurists investigate or attest to the authenticity of the applicant's statement of authorship or rights.
13. I understand that no project may be withdrawn from competition after Monday, April 28, 2014. All entry fees are non-refundable.
14. I understand that the Visionary Screenwriter Competition reserves the right to remove submitted material from the competition with or without cause and the screenwriter(s) will be notified by the Visionary Screenwriter Competition. All entry fees are non-refundable.
15. I understand that each screenplay entry will be reviewed and rated for general content, treatment of subject, production value, creativity, and overall impact. Screenplays will be evaluated based on the following criteria: story and structure, dialogue, character, feasibility and their ending. During the second round of judging, screenplays feasibility is examined further, along with an emphasis on originality and marketability.
16. I hereby agree to abide by the decisions of the judges with regard to all matters and the judges' decision is not subject to review or contest. No correspondence or discussion will be entered into under any circumstances.
17. I understand that awards are based upon the consensus of the judges as to the overall merit of all of the entries. Judges reserve the right not to grant an award.
18. I understand and agree that there are a diverse amount of story contexts and ideas, and in no way is the Visionary Screenwriter Competition, nor its parent company Diverse Points of View, Inc., responsible not now or in the future or borrowing or stealing from an idea, copy written concept or storyline from any screenplay entry.
19. I hereby grant Visionary Screenwriter Competition the nonexclusive right to use my name, photograph, and likeness in connection with any and all promotional activities without any additional compensation. Each winner must, if so requested by Promoter, complete Promoter's winner verification process and / or execute an Affidavit of Eligibility and a Liability / Publicity Release within a period of time required by Promoter.
20. I understand that Visionary Screenwriter Competition will not use the material or any part of, except in connection with the Awards unless I (a) enter into an agreement granting rights to the material or (b) determine in good faith that I do not own or control the material because features or elements were independently developed by someone other than myself.
21. I understand Visionary Screenwriter Competition and its parent company, Diverse Points of View, Inc., accepts no liability whatsoever for loss or non-receipt of my screenplay or for the unauthorized use of all or part of my screenplay by any person.
22. I understand that it is my responsibility to keep my personal contact information on file with the Visionary Screenwriter Competition updated and current. Visionary Screenwriter Competition has no responsibility for correspondence that is misdirected as a result of the screenwriter(s) failure to provide the competition with updated contact information.
23. I understand that the Visionary Screenwriter Competition exists for the purpose of a competition. Through various phases of the judging process, submitted material will be exposed to a network of influential third parties. All such third party participations in the judging process are not guaranteed. Visionary Screenwriter Competition will provide, though not obligated, applicants contact information to interested third parties. However, Visionary Screenwriter Competition does not attest to or guarantee the validity of any subsequent agreements between the screenwriter(s) and said third parties.
24. I understand that neither the Visionary Screenwriter Competition, nor its parent company, Diverse Points of View, Inc., will seek employment for me, nor will the Visionary Screenwriter Competition, nor its parent company, Diverse Points of View, Inc., act in the capacity of an agent, manager, or representative in behalf of my work.
25. I understand that all federal, state and local laws and regulations apply. All taxes (including, without limitation, federal, state, and local taxes) on or connected with any prize, and the reporting consequences thereof, are the sole and exclusive responsibility of respective winners. All winners will be responsible for their own U.S. income tax withholding. All prizes awarded in connection with the competition are nontransferable and there is no cash alternative. Any pictures of prizes used in publicity, in any briefing pack or on the Visionary Screenwriter Competition website are only examples of the prizes, and may not be the specific model or make of the actual prize. Prizes are subject to change without notice.
26. I hereby indemnify Visionary Screenwriter Competition and its parent company, Diverse Points of View, Inc., its officers, employees, representatives, readers, judges, sponsors, and affiliates from and defend them against any and all claims, demands, costs, damages, judgments, expenses loses or liabilities arising out of or in connection with any and all claims, whether or not groundless, that may be in connection with this screenplay submission.
27. I understand that all screenplay entrants release and hold harmless the Visionary Screenwriter Competition and its parent company Diverse Points of View, Inc., without limitation, its officers, board members, employees, content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them, from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the competition or participation in festival related activity or resulting directly or indirectly from acceptance, possession, use, or misuse of any prize awarded in connection with the competition, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. The Visionary Screenwriter Competition Board of Directors, officers and staff do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of an entrant's intellectual property rights, if any, in respect to any submission provided in connection to the competition. By entering the competition, entrants' release, waive any claims with regard to, and hold harmless the competition from and against any and all claims of any kind that are or could be asserted with respect in any matter relating to the competition. Entrants further agree to indemnify, defend and hold the competition harmless from any and all damages, liabilities, fees and cost incurred in defending against any third party claims or threats of claims asserted against the competition arising from any entrant's participation in or conduct associated with the competition.
28. I understand that all project entrants warrants and represents that I have:
a. The full right and legal capacity to sign this document and is not a party to any agreement that would condition or restrict Entrant's ability to enter into this agreement.
b. Entrant is the sole and exclusive owner of the project, or has full authority to enter the project.
c. Entrant has the right and power to perform his/her obligations as set forth in this document and to grant rights herein contained.
d. Entrant has obtained all necessary clearances, copyright clearances necessary to copy, display or distribute the project.
e. The rights granted to Visionary Screenwriter Competition in this document will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity and that Entrant's screenplay will not constitute a libel or defamation of any third party.
29. I understand that all Entrants hereby agrees to defend, indemnify and hold harmless the Visionary Screenwriter Competition and its parent company Diverse Points of View, Inc. without limitation, its officers, board members, employees, content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by Entrant of any provision of this document, including, without limitation, Entrant's representations and warranties.
30. I understand that nonperformance of any party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, earthquakes, war, governmental acts or orders or restrictions, acts of God, or any other reason where failure to perform is beyond the reasonable control, and not caused by the negligence of, the non-performing party.
31. I understand that information submitted to the competition will be treated in accordance with the Visionary Screenwriter Competition Official Rules and Privacy Policy that have been provided in this agreement, and in case of conflict, the terms and conditions of these Rules shall prevail. All Entrants agree and acknowledge that the Visionary Screenwriter Competition will have access to some or all of their personally identifiable information, including to registration information collected by the Visionary Screenwriter Competition.
32. I understand that any disputes shall be submitted to arbitration in Davidson County, State of Tennessee in accordance with the rules and regulations of the American Arbitration Association then in effect. The arbitrator's decision shall be controlled by the terms and conditions of this agreement and shall be final and binding, and shall provide for each party to bear his or its own costs of arbitration and attorneys' fees.
33. Notice for Colorado and Vermont Users: Colorado and Vermont state law prevents residents of those states from participating in any contest that requires a fee to enter. Notice for California Users: Under California Civil Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
34. I have read and understand the above Terms and Conditions. Failure to adhere to the Visionary Screenwriter Competition guidelines will result in disqualification and forfeiture of an entry fee and/or eligible prize.
NOTE: All Terms and Conditions, Rules & Regulations are subject to modification at any time. Prizes & Awards an cities selected for festival are in development and subject to change although unlikely.