To be eligible for the Competition, entries must be the original work of the entrant; must not infringe third-party's rights; must not feature the names, likenesses, or voices, identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without their permission; must be suitable for publication; must not contain obscene or pornographic material; must not contain defamatory or libelous statements about any person, company, organization or entity; must not endorse any form of hate or hate group; must not invade privacy or other rights of any person, company or entity; must not endorse or promote any product or service; must not in any other way violate applicable laws and regulations; must not contain any copyrighted elements (other than as owned or licensed by the entrant). Entries containing prohibited or inappropriate content as determined by the Organizers in their sole discretion, to be inappropriate will be disqualified. The Organizers reserve the right to make the final determination as to which entries are eligible. Entrants must follow all rules herein and entries must adhere to the Submission Specifications. The Organizers reserve the right to screen only properly submitted films to the Competition and may, at their sole discretion, disqualify entries deemed to be inappropriate or otherwise non-compliant.
By submitting your film, you represent and warrant that you have obtained all necessary licenses, clearances, permissions and consents from all applicable third parties as may be required for the full and unlimited exercise and enjoyment by the Organizers of all of the rights granted and purported to be granted to the Organizers herein. The Organizers will enjoy such rights without any hindrance on the part of any person or entity whatsoever, subject always to the terms of these Rules and Regulations. You will be solely responsible for paying any and all compensation due to any and all third parties in connection with the film. In no event will the Organizers be responsible for payment of any amounts to any person or entity in connection with the uses of the film pursuant to these Rules and Regulations. Upon the Organizers’ request, you will supply to the Organizers, copies of all licenses, clearances, music cue sheets, permissions and consents described above or required in connection with the representations made in this paragraph. Without limiting the generality of the foregoing, all music contained in or synchronized with the film was either (a) composed as a "work made for hire" for you or (b) licensed from the appropriate third parties or (c) in the public domain. Neither the film, nor the exercise of any right, license or privilege herein granted to the Organizers will violate, conflict with or infringe upon the rights of any person or entity, including, without limitation, any rights relating to copyright, neighboring or related rights trademark, contract, rights of publicity, rights of privacy, unfair competition or any other personal or property right. There are no liens, claims, encumbrances, legal proceedings, restrictions, agreements or understandings which might conflict or interfere with, limit or be inconsistent with or otherwise affect any of the provisions of these Rules and Regulations or the enjoyment by the Organizers of any rights granted or purported to be granted to the Organizers hereunder. Without limiting the generality of the foregoing, all obligations with respect to the film and the production, distribution and exploitation thereof, including, but not limited to salaries, royalties, license fees, service charges, residuals, laboratory charges, fees and costs associated with the use of music have been or will be fully paid by you and the Organizers will have no responsibility therefor. The Organizers shall not have any obligation for past, current or future salaries, royalties, residuals, deferments, license fees, service charges laboratory charges or similar payments incurred by you. All fees, payments, costs and charges associated with the production, distribution, sale, use or other exploitation of the film, including without limitation, all fees, payments, costs or charges or payments payable to any producer, director, writer, actor, composer, musician or any other person who performed services or furnished material in connection with the film, or to any guild, union, performing rights society, publisher or owner of master recordings by reason of the exercise by the Organizers of any of the rights granted to it hereunder shall be paid by you and shall under no circumstances be the responsibility of the Organizers. In the production of the film, all laws, statutes, ordinances, rules and regulations of each country, state, city or other governmental entity having jurisdiction have been or shall be complied with, as well as the rules regulations and requirements of any union or guild having jurisdiction thereof. The film, as submitted, will contain all proper copyright notices required or permitted under the applicable United States Copyright Act and the Berne Convention. All persons and entities connected with the production of the film or whose names, voices, photographs, likenesses, performances, services, materials and/or biographical data have been used in the film have authorized the use of their names, voices, photographs, likenesses, performances, services, materials and biographical data in connection with the film and the distribution, sale, advertising, marketing, promotion and exploitation of the film.
The Organizers reserve the right in its sole discretion to cancel or suspend this Competition, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt the administration, security, fairness, integrity or proper play of the Competition, or any part of it. SEN-HFF Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition, by any technical or human errors which may occur in the transmission or processing of the entries in the Competition. In the event of termination or cancellation, the Organizers reserves the right to award the prize from among all eligible, non-suspect, entries received prior to the date of the termination or cancellation using the judging criteria outlined above, at the sole discretion of the Organizers. The Organizers reserve the right at their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or Website, or to be acting in an unsportsmanlike or disruptive manner or in violation of these Rules and Regulations. SEN-HFF Parties are not responsible for entries that are late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, garbled, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Rules and Regulations, and all such submission/entries will be void. The Organizers reserve the right at their sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Competition; or to be acting in any manner deemed by the Organizers to be in violation of the Rules and Regulations; or to be acting in any manner deemed by the Organizers to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZERS OR THEIR AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
GRANT OF RIGHTS
By submitting your film to the Competition, you thereby grant to the Organizers and their respective designees a 4-month (starting on the day of the film submission) non-exclusive, worldwide, royalty-free, sub-licensable, irrevocable right to make use of the film and any person's property (physical and personal and indicia) contained therein, in any media such as the internet, social media, film and movie theaters, public screenings, without any payment or other consideration of any kind, or permission or notification, to you or any third party. The Organizers reserve all rights, on a non-exclusive basis, including without limitation, the right to reproduce, record, alter, amend, edit, including to add subtitles or to dub, publish, publicly perform, use, and stream the film in connection with and in any and all media such as the internet, social media, film and movie theaters, public screenings, for no additional consideration. Without limiting the foregoing, the Organizers shall have the right to use the film in any marketing and/or promotion of the Organizers and their respective goods and services. You irrevocably waive the use of all so-called moral rights such as the right of acknowledgement or the right of integrity of the work. All other rights in and to your film are retained by you.
All other rights in and to your entry are retained by you. You acknowledge and agree that you do not have and shall not acquire directly or indirectly through your participation in this Competition by any means and in any manner any rights including any property rights or intellectual property rights with respect to ShortsHD, or any of the Organizers’ rights.
If the Organizers require additional assignments or certificates of engagement for the entry or other documents, releases, and Affidavit as the Organizers may reasonably require in order to effectuate the purposes and intents of these Rules and Regulations, then each entrant agrees to sign the same upon the Organizers’ request thereof to remain eligible for the prize(s). The Organizers may require that the Winner and finalists complete a W-8BEN form for tax reporting.
The invalidity or unenforceability of any provision of these Rules and Regulations will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules and Regulations is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. SEN’s, or any of its affiliates’, failure to enforce any term of these Rules and Regulations will not constitute a waiver of that provision.
A complete list of the Winner and finalists or a copy of these Rules and Regulations will be provided to anyone who requests such information, by providing SEN with a self-addressed stamped envelope to the attention of “ShortsHD & Hispanic Heritage Foundation 2016 Short Film Award” at SEN’s address listed above. Requests must be received by 31st October 2016.
These Rules and Regulations and the Competition are governed by Californian law. Any disputes arising between the Organizers (or any of their affiliates) and any third party in relation to these Rules and Regulations and/or the Competition shall be subject to the exclusive jurisdiction of the courts of California.