THE PACHAMAMA ALLIANCE
POSSIBLE FUTURES FILM CONTEST (the “Contest”)
OFFICIAL RULES
NO PURCHASE NECESSARY. INTERNET ACCESS REQUIRED. Normal Internet access and usage charges imposed by internet service providers for online service will apply.
The Contest is free and open to the general public and to all citizens of the world, and any individual (or the individual’s parent or legal guardian if the individual is a minor under the age of 18) may participate in the Contest except where prohibited by law, regulation, statute or other applicable authority (each referred to herein as an “Entrant”). Entrants from the United States must be legal residents, and provide a valid Social Security Number. Entrants may be an individual, organization or other legal entity.
If you are under 18 years of age, you must have your parent or legal guardian review these Official Rules and all other applicable terms and conditions referenced herein (including without limitation the VIMEO REQUIREMENTS described immediately below) with you, and discuss any questions you might have. They must give you their permission to enter the Contest with both your and their full understanding of all Contest requirements. By entering the Contest, you are telling us that you and your parent or legal guardian has agreed, on your behalf, to these Official Rules. Entrants under the age of 18 must also complete and fax to our attention the required minor release document (located here) before any produced video footage will be posted to the Contest.
VIMEO REQUIREMENTS
To participate as a filmmaker, Entrants must have a Vimeo account and agree to Vimeo’s “Terms of Service” set forth at http://vimeo.com/terms (the “Vimeo TOS”) and “Community Guidelines” set forth at http://vimeo.com/guidelines (the “Vimeo Guidelines”). However, in the event of any conflict between the terms and conditions of the Vimeo TOS and/or the Vimeo Guidelines on the one hand, and these Official Rules on the other hand, these Official Rules will govern in all respects.
Each film submitted for participation in the Contest (referred to herein as an “Entry”) must be submitted using a valid Vimeo account. There is no fee or charge to become a standard Vimeo user, or to register for the required account. Entrants may upload their Entries using the following link: http://www.possiblefuturesfilmcontest.org .
The Pachamama Alliance is not responsible for Entries (as defined below) that are removed by Vimeo because they are found to violate the Vimeo TOS, the Vimeo Guidelines or not to comply with Vimeo’s technical specifications. In any such instance, Entries that are removed by Vimeo will be disqualified from the Contest.
OTHER TERMS & CONDITIONS
Entrants may work as part of a team, but only one person can submit each official Entry. The person uploading the Entry will be deemed the Entrant for all purposes. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed to be the registered user of the Vimeo account actually used to upload the Entry.
The following individuals are not eligible to enter the Contest: employees, interns, board members, and consultants of The Pachamama Alliance, such persons’ immediate family members (spouse, parent, child, sibling and spouse or “step” of each), and those living in the same households of each such individual.
• Each Entrant also represents that he/she has reviewed and agrees to be bound by The Pachamama Alliance’s “Privacy Policy” set forth at possiblefuturesfilmcontest.org/privacy-policy (the “Pachamama TOU”). In the event of any conflict between the Pachamama TOU and these Official Rules, these Official Rules will govern in all respects.
• Any Entrant who violates the Official Rules or other requirements of the Contest will be disqualified.
• The Pachamama Alliance reserves the right (but disclaims the obligation) to preview the Entries that are submitted before they are published live to the Contest site.
• Once an Entry is submitted to the Contest, it is considered final and may not be modified or edited, but an Entry may be withdrawn prior to commencement of actual judging.
• Each Entry and all associated written materials (e.g., the file containing the Entry, Participant Releases, Minor Releases) become the property of The Pachamama Alliance and will not be returned. The entrant’s individual film and its contents remains the sole property of the producing entity.
• Notwithstanding anything herein to the contrary, by submitting an Entry:
Entrant grants to The Pachamama Alliance, its parent, affiliated, and subsidiary companies, agents, representatives, successors, assignees, licensees and designees (collectively “Producer”) an absolute, unconditional, perpetual, worldwide, royalty-free, irrevocable right and license, but not the obligation, to use, edit, adapt, modify, re-use and duplicate (as Producer may elect from time to time in its sole discretion) the Entry and any other material submitted in connection therewith (collectively the “Materials”), for any legal purpose whatsoever, in whole or in part, whether standing alone, or mixed, synchronized or in combination with other audio and/or video materials, in any manner whatsoever and at any time, including but in no way limited to use for purposes of training/instruction, or for advertising, promoting, publicizing, marketing, packaging, exhibiting, distributing and otherwise exploiting the Contest (whether on physical media, online through streaming or download, theatrically, on television, or otherwise in any media now known or hereafter devised).
Entrant acknowledges and agrees that Entrant shall have no right to review or approve any edits, alterations or modifications of its Entry. Entrant waives, to the maximum extent permitted by applicable law, any concepts of droit morale or the “moral rights of author” with respect to any of the Materials, and further acknowledges and agrees that Producer shall have no financial commitments or obligations to Entrant in connection with the Contest, the Entry, or the exercise of Producer’s rights under these Official Rules, and that the rights granted hereunder are not subject to the requirements of any collective bargaining agreement. Entrant also agrees to execute such further documents and instruments as Producer may reasonably request from time to time in order to evidence, effectuate or perfect the terms and intentions of these Official Rules, and the rights granted hereunder.
Entrant represents and warrants that (i) the Entry is Entrant’s own original work, (ii) the Entry has not previously been entered into any contest or sweepstakes or previously won any prize or award, (iii) any and all rights to the Entry belong, or have been appropriately licensed, to Entrant, (iv) Entrant has full power and authority to grant all rights, waivers and licenses required to be granted under these Official Rules; and (v) the Entry does not infringe, misappropriate or violate the rights of any third party.
Entrant releases, and agrees to indemnify and hold harmless Producer, its officers, directors, shareholders, members, employees, agents, representatives, and all others associated with the development and execution of this Contest (collectively the “Released Parties”) from and against any and all claims, demands, actions, losses, damages, liabilities and expenses (including, without limitation, reasonable attorneys’ fees and costs) of any kind whatsoever arising out of or in connection with the Materials, the Contest, the receipt, ownership or use of any prize awarded in connection with or resulting from participation in the Contest, or exercise of the rights granted under these Official Rules, including, without limitation, any and all claims for damages to persons or property, invasion of privacy, infringement of rights of publicity, defamation (including libel and slander) and any other personal and/or property rights, or any typographical or other error in these Official Rules or associated materials, or in connection with the announcement of offering of any prize, and agrees that Entrant shall not now or in the future assert or maintain any claim against Producer.
Entrant grants the Released Parties permission to use Entrant’s name, likeness, biographical information, Entry and other Materials for promotional and any other legal purposes whatsoever (including any possible public relations opportunities) without further compensation, except where (and only to the extent) expressly prohibited by law.
Entrant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the reasonable control of any of the foregoing that may cause the Contest to be disrupted or corrupted.
Entrant agrees that: (i) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or other indirect damages; (ii) all causes of action arising out of or in connection with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, by arbitration (by a single neutral arbitrator selected by The Pachamama Alliance in its sole and absolute discretion) in accordance with the rules of the American Arbitration Association; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred; and (iv) no attorneys fees or other legal fees will be awarded.
• Entrants must obtain signed release forms (located here) from each participant who contributes to and/or is heard or appears in the Entry (each a “Participant”), or in the case of Participants who are minors less than 18 years of age, from each such Participant’s parent or legal guardian. By submitting an Entry, each Entrant attests that the Entrant has made all those depicted in the video aware that the Entrant is creating a video that will be submitted for use in connection with the Contest, and all Participants depicted have agreed that Entrant may submit such video and have agreed to the terms and conditions outlined in the Official Rules. Entrants may be required, at any time following submission of an Entry into the Contest, to also submit the actual signed release forms which Entrant is required to collect from each Participant (or parent/guardian), and failure promptly to submit such release forms will result in disqualification.
• The Contest is void where prohibited by law, regulation, statute or other applicable authority.
• The Pachamama Alliance reserves the right at its sole discretion to disqualify any Entrant that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in this Contest.
• The Pachamama Alliance reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend the Contest if it cannot be completed as planned for any reason, including without limitation due to computer virus, bugs, non-authorized human intervention, fraud, or other causes beyond The Pachamama Alliance control which The Pachamama Alliance believes, in its sole and absolute discretion, may corrupt or affect the administration, security, fairness, or proper conduct of the Contest.
• Any Entries that The Pachamama Alliance, in its sole and absolute discretion, deems to be inappropriate for publication will not be considered.
Winners: For the names of the Winners, which will be available after July 26, 2011, send a stamped, self-addressed envelope by September 1, 2011 to: Karen RedHawk Dallett, The Pachamama Alliance, P.O. Box 29191, Presidio Bldg. 1009 San Francisco, CA 94129-9191.
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DIGITAL MILLENIUM COPYRIGHT ACT NOTICE INFORMATION
Notification of Infringing Entry
To file a notice that any Entry infringes the copyright rights of any third party, please provide a notification containing the following details:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must send this notice by mail, e-mail, fax or phone to:
Karen Dallett, Project Manager, Possible Futures Film Contest, The Pachamama Alliance
By E-mail: [email protected]
By Facsimile: 415-561-4521
By Phone: 415-561-4522 x112
Counter-Notification Opposing Claim of Infringing Entry
If you are an Entrant whose Entry has been taken down as result of a notice filed pursuant to the forgoing section, you may file a counter-notification that contains the following details:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court; or the State of California; for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which The Pachamama Alliance may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You must send this notice by mail, e-mail, fax or phone to:
Karen Dallett, Project Manager, Possible Futures Film Contest, The Pachamama Alliance
By E-mail: [email protected]
By Facsimile: 415-561-4521
By Phone: 415-561-4522 x112
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