Last updated: May 31, 2016
To participate in the Contest, Entrants upload a video trailer according to the specifications described in these Contest Rules (each upload, an “Entry” or collectively, “Entries”) to www.elterror.com (the “Site”). From all Entries received by the Sponsors, up to ten (10) Entries will be selected by the Sponsors to further develop those video trailers into scripts and pitches (such 10 Entries upon confirmation as described herein, each a “Finalist” and collectively, the “Finalists”). The Sponsors will then select one Finalist (the “Grand Prize Winner”) to receive a development deal with the Sponsors to produce the Grand Prize Winner’s script(s) into a web series on a schedule and at a scope to be determined and approved by Sponsors.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and eligible to work legally within the United States (“Entrants”). The Contest is subject to federal, state, and local laws and regulations.
2. Agreement to Official Rules.
Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
3. Contest Period; Entry Period; Evaluation Period.
The Contest begins on July 12, 2016 at 9:00AM Pacific Standard Time and ends on Nov 1, 2016 at 12:01am Pacific Standard Time (the “Contest Period”).
Entrants may submit Entries beginning at the start of the Contest Period on July 12, 2016, through 12:01 am on September 1, 2016 (the “Entry Period”) using only direct upload via the Service. Any Entries submitted prior to or following the Entry Period will be disqualified.
Following the Entry Period, Sponsors will utilize the remainder of the Contest Period from September 1, 2016 through November 1, 2016 (the “Evaluation Period”) to review the entries, select the Finalists, and then choose the Grand Prize Winner.
4. How to Enter.
Following registration on the Site, an Entrant may enter the Contest in accordance with the following requirements:
- Submission of Entries. Entry will be available only by Members’ visiting the Sponsors’ Service during the Entry Period and following the directions provided to fill out the entry information, and direct video file upload. The Service is subject to limitations, delays, and other problems inherent in the use of electronic communications, and Sponsors are not responsible for such issues; Members are accordingly advised to submit their Entries as early as possible during the Entry Period.
- Number of Entries. There will be a limit of three (3) entries per person, per email address, and per household for the duration of the Contest Period. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void.
- Format, Size, and Duration of Entries. Entries must be submitted in Quicktime HD 1080X1920.h264 format. Entries must be a maximum size of 40MB. Entries must have an actual runtime of thirty (30) seconds maximum duration. Entries failing to meet any and all of these specifications will not be considered.
On or about September 24, 2016, the Sponsors will select up to ten (10) Entries as potential finalists (“Potential Finalists”) from all eligible Entries received. Potential Finalists may or may not be announced publically by Sponsors. Sponsors will attempt to notify the Potential Finalists via email, on or about September 24, 2016. Upon receipt of such email from Sponsors, a Potential Finalist must confirm in writing by return email to Sponsors to the designated email address indicated in such email message that such Entrant accepts their selection to continue in the Contest (“Finalist”). There is a limit of one (1) Potential Finalist per household. If individual Potential Finalists cannot be contacted within five (5) days after the date of first attempt to contact, then Sponsors have the right but not the obligation to select an alternate Potential Finalist from the remaining non-winning, eligible Entries. Finalists will win five hundred dollars ($500) payable by check from Sponsors and the opportunity to submit to Sponsors (i) a web series bible and (ii) a first episode script (items (i) and (ii) collectively, a “Series Pitch”) on or before October 15, 2016, for the opportunity to win the Grand Prize.
6. Grand Prize.
Finalists will have the opportunity to develop and submit a Series Pitch to be considered for a development deal with Sponsors (the “Grand Prize”). Sponsor will choose one Grand Prize winner (“Grand Prize Winner”) from the eligible Finalists. The Grand Prize will consist of a development deal with Sponsor to have his/her Series Pitch developed into a multi-episode digital series (“Digital Series”), with a budget of up to fifty thousand dollars ($50,000), subject to Sponsor’s approval and subject to Sponsor’s standard terms and conditions. The Grand Prize Winner will be notified by email. Each potential Grand Prize Winner will be required to complete, electronically sign and submit a compliance notice with these Contest Rules (“Declaration of Compliance”) within five (5) days of the date notice or attempted notice is sent, in order to claim the Grand Prize. If a potential Grand Prize Winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), the winner forfeits the Grand Prize. Potential Grand Prize Winners must continue to comply with all terms and conditions of these Contest Rules, and winning is contingent upon fulfilling all requirements herein. In the event that a potential Grand Prize Winner is disqualified for any reason, Sponsor may award the Grand Prize to an alternate Finalist from among all remaining eligible Finalists, though it is under no obligation to do so.
A winner may not request a substitution of his or her prize. Each winner is solely responsible for any and all federal, state and/or local taxes, fees, and any other costs in connection with receipt of the prize.
7. Grant of License/Distribution.
Entrants hereby grant to Sponsor an exclusive royalty-free license to use his/her Entry in any manner the Sponsor deems necessary, reasonable and/or appropriate, including, but not limited to, the right to develop, produce, distribute, transmit, exhibit, broadcast, and otherwise exploit the Entry on a royalty-free basis by any and all means, in all forms of media and via any and all devices whether now known or hereafter devised throughout the world in perpetuity and in connection with the advertising, marketing and promotion of the Contest.
Participation in the Contest constitutes permission for the Sponsor to use each winner’s username, name, likeness, city, state of residence, personal information and text, photograph, videos, graphics or other works of authorship submitted in their Contest entry to appear on the Sponsor website and elsewhere in an all media for advertising, promotional and marketing purposes without compensation, unless otherwise prohibited by law. As a condition to being selected as a winner, each potential winner may be required to provide supporting documents (such as a copy of the winner’s drivers license) in form and substance satisfactory to Sponsor in furtherance of the representations, warranties and covenants set forth in these Official Rules.
8. Representations and Warranties of Entrant.
In connection with the submittal of each Entry in the Contest to Sponsors, each Entrant hereby represents and warrants to Sponsors that: (a) Entrant has the full power and authority to deliver its Entry in compliance with these Contest Rules; (b) these Contest Rules are a legally valid and binding obligation of Entrant; (c) Entrant has the full power and authority to license its Entry to Sponsors, and there are no liens, encumbrances, or claims against title upon its Entry; (d) there is no litigation, claim or action outstanding or threatened concerning, involving or relating to the Entry; (e) the Entry does not infringe any United States or foreign patent, trademark, copyright, trade secret, or other proprietary right of any third party; and (f) the Entry does not contain any known trojan horses, viruses, worms, “lock-up” codes, protecting codes or other internal devices or mechanisms which are intended to halt, disrupt, restrict or grant improper access to the Service, Sponsors systems, or disrupt the Entries of others.
9. General Conditions.
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsors in their sole and absolute discretion, the Sponsors may, in their sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect Entries received up to the time of the impairment. The Sponsors reserve the right in their sole discretion to disqualify any Entrant they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages (including attorneys’ fees) and any other remedies at law and in equity from any such person to the fullest extent permitted by law. Failure by Sponsors to enforce any provision of these Contest Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability.
By participating in the Contest, Entrants agree to release and hold harmless each Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
The terms of this Contest and any confidential or proprietary information communicated hereunder are confidential and may not be disclosed by the Entrant to any third party, except as required by applicable law or the rules of any applicable securities exchange.
Each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. If you have a claim related to the Contest, you must bring such claim to arbitration pursuant to this Section within one (1) year after the date on which the claim arose. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, entrants rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest shall be settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You and Sponsors agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial. You and Sponsors also both agree that you or Sponsor may bring suit in court to enjoin infringement or other misuse of intellectual property rights.