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|Submit a short film (2-25 minutes in run time) that you have written and directed that exemplifies yourself as an innovative, creative filmmaking voice. Please see all eligibility requirements below.
MISSION & OBJECTIVE
In the spirit of supporting the next generation of artists and creators, Lexus provides a platform and the tools needed for emerging filmmakers to realize their visions through the Lexus Short Film series.
ABOUT THE FESTIVAL
Lexus Short Films launched in 2013 with the goal of supporting and nurturing a new generation of emerging filmmakers. These aspiring Writer/Directors receive a unique opportunity supported by Lexus to produce and showcase their work on an international stage.
Now in its 4th season, Lexus Short Films returns seeking submissions from the international independent filmmaking community. Four filmmakers will be selected to each write and direct a short film whose production will be supported by Lexus. Each film will receive full backing, promotional theatrical screenings, a global film festival campaign, and promotional support for its ultimate release. Filmmakers will also receive an IMDb Pro account subscription for one year and a digital download of Final Draft screenwriting software.
Each season, Lexus International presents a theme to help engage filmmakers in storytelling. This season’s theme is TRANSFORMATION. Inspired by this creative direction, which identifies with the transformation of the Lexus brand, these short films will bring to light the idea that amazing things happen when you transform the ordinary into extraordinary.
Four selected filmmakers will be invited to interpret the meaning for their own narrative and to tell a story based around their vision. As a general overview of the selection process:
1. All eligible submissions will be viewed
2. A first round of filmmakers representing various regions will be sent a creative brief and invited to submit a two-page treatment for consideration
3. A second round of filmmakers will be chosen to develop their treatment into a full script
4. The final four filmmakers will be selected to have their scripts produced
5. Production of the films will begin in December 2017
Since its inception the Lexus Short Films series has helped to launch the careers of up-and-coming filmmakers from across the globe by providing them with the necessary tools to take their craft to the next level as well as increasing their exposure among the international film community. Past Lexus Short Films have premiered with star-studded red carpets in New York, Los Angeles, London, Sydney, Tokyo and at the Cannes Film Festival, with press coverage across top entertainment outlets such as The Hollywood Reporter, IndieWire, E!, Extra, US Magazine, People, Deadline, and The Huffington Post.
Films from the series have gone on to compete in numerous film festivals including Palm Springs ShortFest, Raindance Film Festival, Dublin International Film Festival, Vancouver International Film Festival, Sydney Film Festival, Cleveland International Film Festival
and HollyShorts Film Festival, to just name a few.
See what Lexus and Season 3 filmmakers have to say: Bit.ly/LSF4SUBMIT
For a firsthand look at the scope and caliber of films produced by Lexus Short Film alumni, please visit Amazon.com/LSF or LexusShortFilms.com to watch the newly released Season 3 of Lexus Short Films.
Joey Horvitz (Producer); Joey Horvitz (Producer)
These General Competition Rules are designed to provide a top-level overview of the long-form Official Rules (the “Competition Rules”) that govern the 2017-18 Lexus Short Film Director Competition (the “Competition”). If there is a conflict or inconsistency between this top-level overview and the terms of the Competition Rules, the terms of the Competition Rules shall prevail, govern and control.
To be eligible, the writer/director must meet the following requirements.
1) Must be 18 years of age or older.
2) Must have written & directed at least 1 short film that has been accepted to a film festival or must currently be a film student enrolled in film school. All entrants will be asked to list submitted film’s festival acceptances and awards and/or their film school program and years of attendance.
3) Must have never directed a feature-length film. If currently developing a feature film, must disclose stage of development.
4) Must be able to write & speak in English.
5) Must be eligible and available to participate in the promotional activities set forth in the Competition Rules and to work within the window of Nov 1, 2017 to Dec 15, 2018. A more specific timeline will be available once the winning filmmakers have been selected. Winners will be announced at the Napa Valley Film Festival on November 8-12 2017, which all winners are required to attend.
6) Must be eligible and able to travel to the United States. All winners must obtain necessary paperwork (including visas where applicable) and be prepared to travel beginning November 2017.
7) Must not be a member of any guild or union that would govern the writing or directing services performed by the entrant (such as WGA, DGA, etc.).
8) Must not have a pre-existing deal with another film studio, TV network, OTT streaming service or other entity that would conflict with the entrant’s representations, warranties, covenants or obligations under the Competition Rules.
9) Writer/Director teams may submit, but all members of the team must meet all submission criteria.
1) Must submit a short film that best exemplifies work as writer & director. Short film should be between 2-25 minutes in length, in English or with English subtitles, including all end credits, and have been completed between January 2015 and date of entry. All applicants must submit via Secure Online Screener via Withoutabox and may be required to provide a DVD upon request.
2) Must indicate which country entrant is submitting from. Must be a national or a current resident for a minimum of 3 years to qualify.
3) Must submit written biography not to exceed 500 words in length.
4) Must submit written resume/CV not to exceed 2 pages in length.
5) Must submit headshot or photo. Please upload a photo to your Withoutabox Press Kit.
6) Entrants have the option to submit a directing reel that is under 5 minutes in length as supplemental material.
7) Each person who makes the submission represents that he or she is the entrant or has the full power and authority to make the submission on the entrant's behalf.
SUBMISSIONS OPEN: June 1
SUBMISSIONS CLOSE: Aug 31
WINNERS ANNOUNCED & WILL ATTEND: Nov 9/10
(Napa Valley Film Festival)
1. The opportunity to Write and Direct one (1) Lexus short film (“LSF”) sponsored by Lexus.
2. First Look Commitment.
3. Promotional Theatrical Screenings of LSF film.
4. Submission of LSF film to Top Film Festivals on the Global Film Festival Circuit.
5. One (1) Complimentary IMDbPro Account (value: $150 per account per year of the term).
6. One (1) digital download of Final Draft screenwriting software (est. value $250 each).
TERMS AND CONDITIONS
Full Terms and Conditions
2017-18 LEXUS SHORT FILMS DIRECTOR COMPETITION
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. COMPETITION DESCRIPTION: The entry period for the 2017-18 Lexus Short Films Director Competition (the “Competition”) begins on or about June 1, 2017, at 5:01 p.m. Pacific time (“PT”) and ends on or about August 31, 2017, at 11:59 p.m. PT (the “Entry Period”). The Entry Period may be modified as indicated on the entry “Website” (as defined below) and as permitted in these Official Rules. At the end of the Entry Period, up to four (4) Winning Directors will be selected as set forth below, assuming a sufficient number of eligible entries are received. By participating in the Competition, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of FOUR GLOBAL FILMS, INC. (“Sponsor”), which shall be final and binding in all respects. Whenever these Official Rules indicate that a determination will be made by Sponsor, Sponsor shall be entitled to make that determination in its sole and absolute discretion.
2.1 This Competition is open anyone who meets all the following eligibility requirements (“Eligibility Requirements”):
2.1.1 Is at least eighteen (18) year old or the age of majority in the state or country of residence;
2.1.2 Is eligible and able to travel to the United States;
2.1.3 Has never directed a full-length feature film;
2.1.4 Must have written AND directed at least 1 short film (under 40 minutes in length) that has been accepted to a film festival or must currently be a film student enrolled in film school;
2.1.5 Is available to travel to the United States and attend the Napa Valley Film Festival on or about November 8-12, 2017;
2.1.6 Must be eligible and available to participate in the promotional activities set forth in these Official Rules and to work within the window of Nov 1, 2017 to Dec 15, 2018;
2.1.7 Can speak and write conversational English;
2.1.8 Must not be a member of any guild or union that would govern the writing or directing services performed by the entrant (such as WGA, DGA, etc.); AND
2.1.9 Must not have a pre-existing deal with another film studio, TV network or streaming service or other entity that would conflict with the entrant’s representations, warranties, covenants or obligations under these Official Rules.
2.2 Writer/director teams (each, an “Entrant Team(s)”) may submit an entry into the Competition, but all members of the Entrant Team must meet all of the Eligibility Requirements.
2.3 The officers, directors, members, employees, and representatives of Sponsor, The Weinstein Company LLC. (“TWC”), Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc., and each of their respective parent, subsidiaries, affiliates, members, distributors, sales representatives, advertising and promotion agencies (all such individuals and entities collectively referred to herein as, the “Competition Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Competition or win a prize.
3. HOW TO ENTER:
3.1 To enter the Competition, entrants should visit https://www.withoutabox.com/lsf (the “Website”) during the Entry Period, complete the submission form found on the Website, and upload the following required submission materials (collectively, the “Submission Materials”):
3.1.1 A personal biography (not to exceed 500 words);
3.1.2 A professional resume (not to exceed 2 pages);
3.1.3 A headshot or recent photograph in .jpg, .jpeg, or .pdf formats;
3.1.4 A short film written AND directed by the entrant (or Entrant Team) that (i) is between two (2) minutes and twenty (20) minutes in length; (ii) is in English or has English subtitles; and (ii) was produced between January 1, 2015, and the end of the Entry Period (the “Existing Film”). The Existing Film must be uploaded in WMV, AVI, MP4, or Quicktime formats in accordance with Withoutabox.com’s uploading instructions located on the Website;
3.1.5 A written synopsis of the Existing Film (not to exceed 50 words); AND
3.1.6 Country of Origin designation: each entrant must designate a Country of Origin for his or her entry, which will be used to group the Submissions into different geographic regions (each, a “Region”). A Country of Origin is the country of which the entrant is a citizen or in which the entrant is currently living for at least three (3) years and has residency and the right to work; and
3.1.7 Entrant will have the option to upload a directing reel as supplemental material for consideration. Each reel shall be no longer than five (5) minutes in length and may be uploaded accordance with in WMV, AVI, MP4, or Quicktime formats in accordance with Withoutabox.com’s uploading instructions located on the Website.
3.2 A completed submission form, together with all of the required Submission Materials, shall be a “Submission”. Each eligible individual or Entrant Team entering a complete Submission in the Competition shall be referred to herein as an “Entrant” (or Entrant Team), and for purposes of these Official Rules, wherever the term Entrant is used, it shall be deemed to refer to Entrant Team as required. Each person who makes the Submission represents and warrants that he or she is the Entrant or has the full power and authority to make the submission on the Entrant's behalf.
3.3 Only one (1) Submission may be made per Entrant or Entrant Team during the Entry Period.
3.4 Entrants may enter their Submissions at any time during the Entry Period; however, Sponsor has established early entry deadlines of June 21, 2017 at 5 p m. PT, and August 31, 2017 at 5 p.m. PT, at which time Sponsor will begin to consider Submissions received prior to those dates; however, final decisions will not be made until after the end of the Entry Period (i.e., August 31, 2017).
4. GENERAL SUBMISSION REQUIREMENTS: For purposes of these Official Rules, all Submissions must meet the following “General Submission Requirements” (the “Submission Requirements”):
4.1 Each Submission must be the Entrant's own work and must not feature or focus on any material owned or controlled by third parties (unless the Entrant can provide written documentation of permission to use any materials owned by a third party in a form and substance deemed acceptable by Sponsor in its sole discretion);
4.2 Entrant must provide upon request all appropriate clearances, permissions, and releases (including, but not limited to, music rights, releases from all persons appearing in the Submission, location releases, and releases from all creative consultants or others who assisted in the creation of the Existing Film) for the Submission in a form and substance determined by Sponsor in its sole discretion (in the event that an Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in Competition); and
4.3 The Submission must not include content that is obscene, pornographic, libelous or otherwise objectionable.
Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements may be disqualified. Submissions must be received by the close of the Entry Period. The Website's database clock will be the official time keeper for this Competition. No substitutions or new versions of Submissions will be accepted once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, may be disqualified.
5. PROMOTIONAL RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant who makes a Submission hereby irrevocably grants the Competition Entities and each of their respective successors, assigns and licensees the non-exclusive right to use the Submission in the Competition and in order to advertise, market and promote the Competition (and any prior or subsequent seasons of the Competition or any spin-off of the Competition) throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (collectively, the “Promotional Rights”). Sponsor recognizes that some people who have entered or would like to enter the Competition would like to retain the right to distribute their Submission themselves or have already ceded such exclusive rights through third parties for commercial purposes. In necessary to avoid any breach of such agreements, Sponsor agrees to limit its use to up to a maximum of three (3) minutes of each Submission on a non- exclusive basis. By participating in the Competition, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in and/or winner of the Competition, each Entrant irrevocably grants the Competition Entities and their respective successors, assigns and licensees, the right to use such Entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in conjunction with the Promotional Rights or otherwise in connection with the Competition and the advertising and promotion thereof. Sponsor shall retain the Promotional Rights granted in this Paragraph even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the Entrant who made the Submission is ineligible to enter the Competition or is disqualified from winning a prize.
6. WINNER SELECTION:
6.1 PHASE ONE – TREATMENT AND/OR SCREENPLAY PROPOSALS: After the end of the Entry Period, a panel of judges selected by Sponsor in its sole discretion (the “Judging Panel”) will review the eligible Submissions and will select up to twenty (20) Entrants per Region (each, a “Treatment Finalist”) to advance to the treatment stage. Each Treatment Finalist will be invited to create and upload a treatment (each a “Treatment”) based on the following criterial: (i) exhibition of an auteur voice (33.3%); (ii) originality (33.5%); and (iii) potential to create a short film worthy of conversation (33.3%). Each Treatment Finalist will have a period of time designated by Sponsor within which to complete and submit their Treatment. Sponsor will ultimately narrow the field even further by selecting up to five (5) of the Treatment Finalists or other Entrants per Region (each, a “Screenplay Finalist”) to advance to the screenplay phase based on an evaluation of the materials theretofore submitted by the Entrant and the following criteria: (i) the focus on a central character or protagonist (33.3%); (ii) originality and inventiveness (33.3%); and (iii) ability to translate into a five (5) to ten (10) minute film (33.3%). The decisions of Sponsor and the Judging Panel with respect to all phases of the Competition are final and binding in all respects and are not subject to challenge or appeal. Each Screenplay Finalist will be invited to create and upload a screenplay proposal (each a “Screenplay”). Each Screenplay Finalist will have a period of time designated by Sponsor within which to complete and submit their Screenplay (the “Screenplay Submission Period”). Each Screenplay Finalist who submits a Screenplay to the Competition hereby irrevocably grants to Sponsor the sole and exclusive option (the “Option”) to acquire all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, derivative, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Screenplay for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Acquired Rights”). The Option will automatically be deemed to have been exercised, if at all, and the Acquired Rights will thereby be deemed to have been transferred with each Screenplay Finalist irrevocably waiving any and all so-called moral rights they may have therein, if Sponsor selects the Entrant to be a “Potential Winning Director” (as defined below).
6.2 PHASE TWO – WINNER SELECTION: After the end of the Screenplay Submission Period, the Judging Panel will review the Screenplays and will select up to four (4) potential winning directors (each, a “Potential Winning Director”) based on the following criteria: (i) exhibition of an auteur voice (33.3%); (ii) originality (33.5%); and (iii) potential to create a short film worthy of conversation (33.3%). Sponsor reserves the right to conduct background checks on each Potential Winning Director. Sponsor also reserves the right, in its sole and absolute discretion, to disqualify any individual who has been charged with or convicted of a felony or misdemeanor, is delinquent on child support, spousal support, tax payments or any other government ordered payment, has or is suspected of failing to comply with any provision of these Official Rules, including, but not limited to, having made any false statements in connection with his/her participation in the Competition. Should it be determined that a Potential Winning Director has made a false statement in any document required by Sponsor, Sponsor reserves the right to disqualify the Potential Winning Director and select an alternate Potential Winning Director. If a Potential Winning Director fails or refuses to sign and return all the “Prize Claim Documents” (as defined below) within the time period specified herein, the Potential Winning Director may be disqualified and an alternate Potential Winning Director may be selected. Sponsor shall retain the Acquired Rights granted by the Option even if the Potential Winning Director is disqualified or determined to be in ineligible. The Potential Winning Directors who satisfy the conditions set forth in these Official Rules will be declared to be the Winning Directors. The Winning Directors will be notified on or about October 30, 2017, and announced publically at the Napa Valley Film Festival on or about November 9, 2017. Each Winning Director will receive the Grand Prize package described below, provided they are not in breach or default of their obligations under these Official Rules or the Prize Claim Documents.
7.1 Up to four (4) Grand Prizes are available. The total approximate retail value (“ARV”) of each Grand Prize is Forty Thousand United States Dollars (US$40,000). The total ARV of all Grand Prizes is Two Hundred Thousand United States Dollars (US$200,000). Each Grand Prize consists of the following:
7.1.1 The opportunity to direct one (1) short film sponsored by Lexus and produced by TWC (“Prize Film”). The Prize Film shall be produced in accordance with the Prize Claim Documents and shall be based on the Winning Director’s Screenplay.
7.1.2 A trip to the Napa Valley Film Festival for the announcement of the selection of the Winning Directors on or about November 9-10, 2017, and one (1) or more additional trips to other domestic or international film festivals for the premiere of the Prize Film (“Festival Travel”); and
7.1.3 Promotional Theatrical Screenings of Prize Film.
7.1.4 Submission of Prize Film to top film festivals selected by Sponsor on the global short film festival circuit.
7.1.5 One (1) Complimentary IMDbPro Account (value: $150 per account per year of the term).
7.1.6 One (1) digital download of Final Draft screenwriting software (est. value $250 each).
7.1.7 A “first look” deal with TWC for the Winning Director’s film projects, as more set forth in Paragraph 10 of these Official Rules (“First Look Deal”).
7.2 If Sponsor is unable to provide any element of the Grand Prize to any Winning Director due to scheduling conflicts, cancellations, postponement, Force Majeure Event (as defined below), or for any other reason, then the Winning Director will receive the remaining elements of the Grand Prize, which shall satisfy all of Sponsor's prize obligations.
7.3 In the event that the Festival Travel listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons including, but not limited to, scheduling conflicts, cancellations, postponement, a Force Majeure Event, or for any other reason, then in lieu of the Festival Travel, the Winning Director will receive the remaining components, if any, of the Grand Prize, which shall constitute full satisfaction of Sponsor's prize obligation to the Winning Director, and no other or additional compensation will be awarded.
7.4 In the event the Winning Director's residence is close enough for any of the Festival Travel or any other prize-related activities such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable prize will not include air transportation from such Winning Director's residence, and no other substitution or compensation will be provided in lieu thereof. Each Winning Director must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor's sole discretion. Airfare may not include government taxes, Passenger Facility Charge, or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for the Festival Travel may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for Festival Travel is an estimate made before the Competition begins. The Winning Director 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 any Festival Travel begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the Winning Director. A deposit or payment in advance, or presentation of a credit card by the Winning Director, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Winning Director is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents. In the event the Winning Director engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate any travel, meetings, or other applicable experience early, in whole or in part, and send the Winning Director home with no further compensation.
8 GENERAL PRIZE CONDITIONS: Except as set forth herein, no cash alternative or substitution of the Grand Prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential Winning Director fully complies with these Official Rules. All portions of the Grand Prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television, and print advertising, promotional packaging, and other Competition materials are for illustrative purposes only. In the event that there is a discrepancy or inconsistency between guidelines, disclosures, or other statements contained in any such promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Winning Director shall be solely responsible for all federal, state, local, and/or provincial taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Grand Prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the Winning Director to pay the amount of any tax before receiving the Grand Prize or any portion thereof. Each Winning Director may be required to execute an Affidavit of Eligibility, a Liability Release, a “Definitive Agreement” (as defined below) and where imposing such condition is legal, a Publicity Release (collectively, the “Prize Claim Documents”). Each Potential Winning Director may be required to execute a definitive agreement (the “Definitive Agreement”) with Sponsor setting forth the terms and conditions of the Potential Winning Director’s specific duties in connection with the Prize Film and/or the First Look Deal. In the event of a conflict between the terms and conditions of the Definitive Agreement and the terms and conditions hereunder, the terms and conditions of the Definitive Agreement shall govern and control. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize, or any portion thereof, furnished in connection with the Competition. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GRAND PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON—INFRINGEMENT.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) except as set forth herein, the Submission and, if applicable, the Treatment and the Screenplay (collectively, the “Entrant’s Work Product”) are the Entrant's own original work; (ii) the Entrant’s Work Product does not contain any computer virus (as applicable), is not otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entrant’s Work Product is not and will not be defamatory or libelous and do not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iv) the Entrant’s Work Product does not and will not violate any applicable laws; and (v) the use of the Entrant’s Work Product as set forth herein will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees, or residuals. In addition, each person who makes a Submission represents that he or she is the Entrant or has the full power and authority to make the Submission on the Entrant's behalf. Each such person and each Entrant hereby agrees to indemnify and hold the Competition 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 allegation that if true would constitute a breach, of any of the warranties, representations, covenants, obligations, or agreements of Entrant hereunder.
10. GRANT OF RIGHTS: In additional to the Promotional Rights granted in each Submission, and the Acquired Rights in each Screenplay upon Sponsor’s exercise of the corresponding Option, in each instance, for a period of two (2) years from the date the Definitive Agreement is signed by the Winning Director (the “First Look Period”), each Winning Director will enter into a First Look Deal that provides that TWC shall have an exclusive “first look” right (i.e., prior to the Winning Director presenting to any third party) on the next three (3) original motion picture screenplay ideas that the Winning Director desires to develop (each, a “Covered Project”). In connection therewith, the Winning Director shall submit such Covered Projects to TWC (each, a “First Look Pitch”). Each First Look Pitch shall be accompanied by information customarily deemed adequate in the entertainment industry for TWC to determine whether to accept such First Look Pitch for development, including without limitation the property upon which the Covered Project is based (e.g., a book, script, treatment, outline or any other form), a clear delineation of storyline and characters and reasonably anticipated budget range. TWC shall have sixty (60) days following receipt of any First Look Pitch (such period, the “Exclusive Negotiation Period”) either to notify the Winning Director in writing that TWC is not interested in acquiring rights in such Covered Project or to conclude an agreement with the Winning Director with respect to the First Look Pitch. The Winning Director shall not negotiate with any third party with respect to the First Look Pitch prior to or during the Exclusive Negotiation Period. If TWC has given notice to the Winning Director that TWC is not interested in the Covered Project, fails to respond to the Winning Director in writing within the Exclusive Negotiation Period, or fails to reach an agreement with the Winning Director within the Exclusive Negotiation Period, the Covered Project shall be deemed a “Rejected Project”, and Artist may deal in the Rejected Project as he or she determines in his or her sole discretion. During the First Look Period, TWC shall have the right, but not the obligation, to submit to each Winning Director up to three (3) TWC-designated projects for the purpose of engaging the Winning Director to write a screenplay. The engagement on any TWC-designated projects shall consist of a guaranteed first draft screenplay, a guaranteed rewrite, and an optional polish. The compensation payable to the Winning Director for the foregoing writing services shall be the then-applicable minimum scale amount (plus 10%) that would be payable for each writing step under the WGA Basic Agreement as if the same were applicable. Sponsor shall have the right to freely assign the Promotional Rights, the Acquired Rights or any of its other rights hereunder, in whole or in part, to any person or entity. Finally, each Winning Director could be given the opportunity to propel their career even further by directing a feature length motion picture for TWC. Specifically, TWC has the option (the “Director Option”) to engage each Winning Director as the director of a motion picture project to be designated by TWC in consultation with the Winning Director (“Optional Picture”) for an overscale directing fee to be determined by TWC and specified in the Prize Claim Documents. TWC may exercise the Director Option by written notice to Artist within twenty-four (24) months following the initial release of the Prize Film (“Director Option Period”), with a start date for the commencement of the Winning Director’s services on the Optional Picture being no later than six (6) months following the date of TWC’s exercise of the Director Option (subject to customary extensions for force majeure, cast availability, third party breach or default, death or disability, production or location exigencies or delays caused by the Winning Director, etc.). If TWC exercises the Director Option, Artist will render all customary director services for directors of first-class motion pictures, which shall include, without limitation, all customary development, pre-production, production, and post-production services. The remainder of the terms of any Winning Director’s engagement on the Optional Picture, if any, will be consistent with the terms for the Prize Film.
11. PUBLICITY RELEASE: By participating in the Competition, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in and/or Wining Director of the Competition, each Entrant irrevocably grants the Competition Entities and their respective successors, assigns, and licensees, the right to use Entrant's name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Competition and the advertising and promotion thereof and Entrant and/or Winning Director hereby release the Competition Entities from any liability with respect thereto.
12. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Competition Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Competition or any Competition-related activity, or from Entrants' acceptance, receipt, possession, and/or use or misuse of the Grand Prize or any portion thereof, and (ii) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to the Grand Prize, including, without limitation, to the Grand Prize's (or any portion thereof) quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant's, or any other person's, computer system which is occasioned by accessing the Website or otherwise participating in the Competition, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Competition or the Website, 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 Competition, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated, or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Competition if it determines, in its sole discretion, that the Competition is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, and/or feasibility of the Competition as contemplated herein. In the event that an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Competition as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, 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, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each, a “Force Majeure Event”), then Sponsor shall have the right to modify, suspend, extend, or terminate the Competition. Only the type and quantity of Grand Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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 in these Official Rules 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.
13. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between Entrant and the Competition Entities is not a confidential, fiduciary, or other special relationship, and that Entrant's decision to provide Entrant's Work Product to Sponsor for purposes of the Competition does not place the Competition Entities in a position that is any different from the position held by members of the general public with regard to elements of Entrant's Work Product. Each Entrant understands and acknowledges that the Competition Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entrant’s Work Product and/or each other in theme, idea, plot, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Competition Entity's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Competition Entities 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 the copyright in and to the Entrant’s Work Product. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Competition Entity's actual or alleged exploitation or use of any Entrant’s Work Product or other material submitted in connection with the Competition, the damage, if any, thereby caused to the Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any of the Prize Films, any other production based on or allegedly based on the Entrant’s Work Product, or any other production produced and/or distributed by TWC, and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Entrant’s Work Product or Prize Film or to otherwise exploit any Entrant’s Work Product or Prize Films or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entrant’s Work Product or Prize Film for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
15. DATES AND DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Competition, 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 Competition. Sponsor cannot accurately predict the number of entrants who will participate in the Competition.
16. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entrant’s Work Product, or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each Entrant agrees to sign, authenticate, and deliver the same upon Sponsor's request therefor.
17. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
18. ARBITRATION PROVISION: By participating in this Competition, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Competition Entities relating to, arising out of or connected in any way with (a) the Competition, (b) Entrant’s Work Product, (c) the awarding or redemption of any prize, and/or (d) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Competition; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
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