NFFTY 2012 Volvo Short Film Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE FILMS SUBMITTED AS PART OF THIS CONTEST. OPEN TO LEGAL RESIDENTS OF 50 UNITED STATES AND D.C. WHO ARE 22 YEARS OR YOUNGER. VOID WHERE PROHIBITED. WINNER WILL BE REQUIRED TO SIGN A PRIZE ACCEPTANCE RELEASE, AND COMPLETE TRAVEL BY NOVEMBER 30, 2012 AS A CONDITION TO RECEIPT OF PRIZE.
IF YOU ARE A MINOR, YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION TO ENTER.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE “OFFICIAL RULES,” WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- SPONSOR: NFFTY (“Sponsor”) 1319 Dexter Ave. N Suite 250 Seattle, Washington 98109
- ELIGIBILITY: The NFFTY 2012 Volvo Short Film Contest (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are twenty-two (22) years of age or younger as of the date of entry. The Contest is void where prohibited. If you are under the age of majority in your primary state of residence, which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi (“Minor”), you must get your parent’s or legal guardian’s consent to enter the Contest. Employees of Sponsor, its advertising and promotion agencies, Volvo Cars of North America (“Volvo”) and each of their respective parent companies, subsidiaries and affiliates, and such employees’ immediate family and household members, are not eligible. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at the time of entry, but only if that person meets all of the eligibility criteria or is the approving parent or legal guardian of a Minor participant who meets all eligibility criteria.
- IMPORTANT DATES: The Film Submission Period (“Submission Period”) for the Contest commences on or about March 14, 2012 at 12:00 a.m. PST and ends at 11:59 p.m. PST on or about April 2nd, 2012. The “Judging Period” will commence on or about April 2, 2012, and end on or about April 9, 2012. Winner will be announced on April 26, 2012 at NFFTY opening night. Winner does not have to be present to win.
- CONTEST OVERVIEW: Volvo’s current brand expression is Designed Around You. For Volvo, that means Scandinavian cars that understand people – a contemporary luxury experience created around people and strength in every sense. For this Contest, take your own interpretation of Designed Around You and create a short film of two (2) minutes or less inspired by that theme (“Film”). Your Film does not have to include a Volvo, but it must embody the Designed Around You theme and include those words as on-screen text as an end screen or somewhere in the Film. Don’t think of this as making a commercial, but a Film inspired by Volvo and the theme. Your Film must comply with all of the Submission Guidelines set forth in Section 6 below.
- HOW TO ENTER. To enter the Contest, upload your Film to your own vimeo.com account. Keep the Film private and password protect it with the password: nffty. Copy your Vimeo video link and complete the online entry form here: http://app.fluidsurveys.com/s/nffty-volvo/. All Films must be received by Sponsor on or before 11:59 p.m. PST on April 2nd, 2012.
- SUBMISSION GUIDELINES: All Films must comply with the following submission guidelines (“Guidelines”):
- The Film must be an original film no longer than two (2) minutes in duration.
- Designed Around You must be the theme and idea behind the Film.
- The on-screen text Designed Around You must be included somewhere in the Film.
- The Film (including the copyright in the Film) must be exclusively owned by the entrant. .
- The Film must not depict or refer to any brand or trademark other than Volvo, except incidental usage which is not disparaging and does not depict any branded or trademarked product being used in manner other than as the manufacturer intended.
- The Film must not contain any material that violates or infringes upon the rights of any third party, including without limitation, copyrights, trademarks, or rights of privacy or publicity, or contain any material that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use requires a license or permission from or payment to any third party.
- You must obtain camera releases from any on-screen talent depicted in the Film. See sample form: http://www.nffty.org/wp-content/uploads/2012/03/Camera_Release_NFFTY-.docx.
- If any locations, artwork, music or other third party materials are depicted in the Film, the entrant must have written consent from the owners of the rights thereto to use such materials in and in connection with the Film and to the extent necessary for the submission of the Film to the Contest and the use of the Film as permitted by, and exercise of the rights to the Film granted in, Section 10 of these Official Rules.
By submitting a Film, each entrant (and his/her parent or legal guardian on behalf of entrant if entrant is a Minor) represents and warrants that entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Film pursuant to Section 6 of these Official Rules and the use of the Film and exercise of the rights granted to the Film under Section 10 of these Official Rules and to verify compliance with the foregoing requirements. Upon Sponsor’s request, entrant agrees (and if entrant is a Minor his/her parent or legal guardian on behalf of entrant agrees) to provide to Sponsor copies of all such permissions, licenses and consents.
- DETERMINING THE WINNERS: During the Judging Period, eligible Films received during the Submission Period will be reviewed by a panel of judges from Sponsor and Volvo chosen in Sponsor’s sole discretion (“Judges”). Such judging will be based on the following equally weighted criteria: overall creativity, originality, and use of the Designed Around You theme (“collectively, the “Criteria”). The entrant that receives the top score will be declared the winner (“Winner”). In the case of a tie, the tie will be broken by comparing such tied entries’ rank in the first Criterion, continuing in descending order thereafter to the second and third Criterion, as needed to break the tie. If you are the Winner, you must be able to provide a high resolution QuickTime file of your Film.
- FINALIST/WINNER NOTIFICATION AND VERIFICATION: The potential Winner will be notified by email (sent to the email address provided by the entrant when entering) and/or telephone, in Sponsor’s discretion, on dates determined by Sponsor. If a potential Winner cannot be reached or does not respond within forty-eight (48) hours of the initial notification attempt or potential Winner (or parent or legal guardian if potential Winner is a Minor) fails to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (“Winner Documents”) (certifying, among other things, that the Film complies with the Guidelines set forth in Section (6) (where permitted by law) within forty-eight (48) hours of delivery to the potential Winner of the same, or if any attempted notification or Prize delivery is returned as undeliverable, the potential Winner may be disqualified and a new potential Winner will be selected and the Prize will be awarded to an alternate Winner, as applicable. If a potential Winner is a Minor under the laws of his or her state of residency, the Prize may in Sponsor’s discretion be awarded in the name of the Winner’s parent or legal guardian, who must complete any required Winner Documents.
- PRIZE: The Winner will receive the following prize (“Prize”) consisting of: (i) two (2) round-trip economy/coach airline tickets for the Winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport to Gothenburg, Sweden; (ii) a two (2)-night hotel stay at a five star hotel ( based on double occupancy) for the Winner and companion; (iii) $400 cash (awarded in form of a check or visa gift card); and (iv) screening of the Film at the opening night of NFFTY. The total approximate retail value (“ARV”) for the Prize is: ($5,000). Actual retail value of the Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. All travel arrangements must be made through the Sponsor or Sponsor’s designee. All expenses and costs associated with the acceptance or use of any Prize that are not expressly specified in these Official Rules as being part of the Prize are the responsibility of each Winner. All Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. In the event that Sponsor is unable to provide a Winner with their Prize, the Sponsor may elect, to provide such Winner with the approximate value of such item in cash or award an alternate Prize of comparable or greater value. All federal, state/provincial and local taxes on the Prize value, if applicable, are the responsibility of each Winner. An IRS Form 1099 may be issued in the name of Winner(s), or if a Minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Prize(s) received.
Each Winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents. It is the responsibility of the Winner and his/her companion to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Prize must be conducted on routes as determined by Sponsor and completed by November 30, 2012, in its sole and absolute discretion, or the Prize may be forfeited and an alternate Winner chosen. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Prize begins and ends at the point of departure. Sponsor shall not be responsible for any missed Prize events, opportunities or expenses incurred any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Prize package-related services or accommodations. Winner and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Winner may be required to provide a credit card at the time of hotel check-in. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Prize, and are solely each Winner’s responsibility, including, but not limited to: ground transportation, room service, bag check fees, laundry service, food, merchandise, telephone calls, gratuities and service charges. In the event Winner engages in behavior that (as determined by Sponsor or any Prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early.
- GRANT OF RIGHTS: Each entrant (or if entrant is a Minor, his/her parent or legal guardian on behalf of entrant) (and, if applicable, any other contributors upon submission of their Film to the Contest) hereby grants to Sponsor, Volvo and each of their respective partners, licensees, successors and assigns (collectively, the “Contest Parties”), the non-exclusive, irrevocable, perpetual royalty-free right to: (a) use, display, copy, exhibit, record, reproduce, perform, distribute and include the Film (in whole or in part) in and in connection with the Contest, in any manner, media and formats (now known or hereafter devised, including, without limitation, streaming media, theatrical, television, home video, print, mobile media, internet and on-line systems), throughout the universe, and in connection with the promotion and marketing of the Film, the Contest Parties, or any of their respective products and services, without any additional compensation, other than the amounts awarded to Winner in connection with the Contest; and (b) use the entrant’s name, likeness, voice and biographical information in and in connection with the Film, Contest and the promotion of the Contest and of each of the Contest Parties, in any manner, and in all media and formats whether now known or later developed, throughout the universe, in perpetuity, without any notice, permission or compensation (except where prohibited by law).
- RELEASE AND ASSUMPTION OF RISK: By entering, each entrant (and parent/legal guardian on behalf of entrant if entrant is a Minor) releases Sponsor, its contractors, Volvo, prize providers and each of their parent companies, subsidiaries, affiliates and successors, and the directors, officers, employees, agents and assigns of each of the foregoing, and all people and entities (other than other entrants) involved in the Contest (collectively, the “Contest Entities”) from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant’s participation in the Contest, the acceptance or use of the Prize, the use by any of the Contest Entities of the Film or any other exercise of the rights granted by entrant in these Official Rules, and all liabilities, losses, injuries and/or damages arising out of relating to the same. The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Prize and any activity or travel related thereto or participation in this Contest. Entrants (or entrant’s parent or legal guardian on behalf of entrant if entrant is a Minor) assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any Prize.
- GENERAL RULES: All legal responsibilities and rights of a Minor under the Official Rules are assumed and given by the Minor’s parent or legal guardian. The Contest Entities are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, emails, incorrect or inaccurate capture of, damage to, or loss of entries, Films, or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. The Contest Entities are not responsible for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email. The Contest Entities are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE 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 SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Sponsor may prohibit any potential entrant from participating in the Contest or winning a Prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intends or is attempting to annoy, abuse, threaten or harass any other entrants or any representative of Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest, and in no event shall the Contest Entities be liable to entrant for any such occurrences. In the event of termination of the Contest, a notice will be posted online and Winners will be selected from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. Entries will not be verified or returned. Entrants should retain a copy of their Film. By participating in the Contest, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Contest Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize. In no event will more than the stated number of Prizes be awarded. Non-compliance with these Official Rules may result in disqualification. All federal, state and local laws and regulations apply.
- INDEMNITY: Each entrant (or entrant’s parent or legal guardian if entrant is a Minor) will indemnify, defend and hold each of the Contest Entities harmless from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to entrant’s Contest submission, the development, production, use or exploitation of the Film, or the exercise of any of the rights granted in these Official Rules and all liabilities, losses, injuries and/or damages to entrant or any other person arising out of relating to the same.
- DISPUTES/GOVERNING LAW: By entering the Contest, entrants (or entrant’s parent or legal guardian if entrant is a Minor) agree that (a) 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; and (b) 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 attorneys’ fees (except as set forth below); and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest and/or Film shall be an action at law for the recovery of monetary damages only. Each entrant (or entrant’s parent or legal guardian if entrant is a Minor) agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the Contest, the use of the Film, and/or the exercise of any the rights granted by entrant in these Official Rules, or to terminate or rescind any of the rights granted in these Official Rules. This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Washington without reference to its conflicts of law principles. The parties agree (including entrant’s parent or legal guardian if entrant is a Minor) that any disputes arising out of these Official Rules, the Contest, and/or use or exploitation of the Film shall be submitted to final, binding arbitration conducted in the County of United States of America under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired Washington state or federal court judge with experience in entertainment matters who shall follow Washington law and the Federal Rules of Evidence and have no authority to award punitive, special, incidental or consequential damages. The arbitrator shall assess the cost, fees and expenses of the arbitration against the losing party, and the prevailing party in any arbitration or legal proceeding relating to these Official Rules shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. Either party may enforce a final arbitration award in any court of competent jurisdiction, including an award of costs, fees and expenses incurred in enforcing the award. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in the County of United States of America.
- WINNERS’ NAMES: For the name of Winner, after May 1, 2012, send a self-addressed, stamped envelope to: NFFTY Short Film Contest Winners’ List: NFFTY 1319 Dexter Ave. N Suite 250 Seattle, WA 98109
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.