SUBMISSION TERMS & CONDITIONS
The Independent Television Festival (“ITVFest”) “Festival Competition & Marketplace” (the “Competition”) begins on October 10th, 2018 and ends on October 14th, 2018. To be considered for “Festival Competition” all entries must be postmarked to ITVFest no later than 11:59 PM on July 15, 2018. Other categories and contests, such as the marketplace, must be received by October 9th, 2018.
Each person or entity (hereinafter referred to as either “entrant” or “participant”) seeking to enter the Festival Competition must create either: (i) a pilot or sample episode that follows the conventional format for either one-half hour or, (ii) one hour-long television programs in terms of content and length as further described below (a “Pilot”), or (iii) a comedic, dramatic or animated web series as described in the category rules, or (iv) a film of original content as described in the category rules. Each entrant’s project shall be referred to in these Official Entry Rules as an “entry.”
By entering this Competition, entrants agree to these Official Entry Rules and acknowledge that the decisions of Jurors shall be binding and final in all matters relating to this Competition.
Eligibility for Participation
The Competition is open to individuals who are 18 years of age or older, as well as entrants under the age of 18 whose entries are accompanied by written parental consent to the terms of these Official Entry Rules. ITVFest reserves the right to verify and confirm such consent and disqualify any entrant under 18 without valid consent. Any individuals who have, within six (6) months prior to the start date of the Competition and thereafter, been employed by or performed services for ITVFest or any other person or entity responsible for sponsoring, administering, advertising or promoting the Competition, and/or their respective parent, subsidiary, affiliated and successor companies, including but not limited to employees, consultants, independent contractors, interns, immediate family and household members of such individuals, are not eligible to win the Competition but may enter their projects for consideration in the out-of-competition category. Programs created or funded by broadcast networks, cable networks or studios are likewise ineligible to compete in the Competition but may be submitted to the ITVFest for consideration as a special screening.
Indemnity and Hold Harmless
By entering the Competition, the participant(s) agree to indemnify, defend, release, discharge and hold harmless ITVFest, its affiliates, sponsors, jurors, employees, officers, directors, licensees, heirs, successors, heirs, and assigns from any and all claims, judgment of liability for damages to persons or property from legal proceedings of any kind, anywhere, for any cause of action, including but not limited to, negligence, claims based on rights of privacy, rights of publicity, false light, defamation, breach of express or implied contract, breach of confidence, breach of confidential relationship, conversion, misrepresentation, fraud, intentional interference with business relationships, or misappropriation. By entering this Competition all entrants grant ITVFest the non-exclusive right to use their respective names, photographs, likenesses, voices, and/or biographical information for ITVFest programming, publication, publicity, advertising and all other promotional purposes without compensation, review or approval unless otherwise prohibited by federal, state law, or other applicable law.
Additional Entry Regulations
If ITVFest has reason to believe that an entry contains any material that may infringe or violate the rights of a third party, in its sole discretion, ITVFest may immediately disqualify such entry and take any and all other measures ITVFest may deem appropriate. And using its sole discretion, if ITVFest determines that any entry contains any content deemed indecent, inappropriate, morally objectionable or otherwise unfit for dissemination or broadcast, such entry will be immediately disqualified. Moreover, entries not meeting stated running time requirements may likewise be disqualified at ITVFest’s own discretion. Entries not satisfying Competition’s Official Entry Rules, in any respect, may also be disqualified.
Associated Releases and Permits
At the request of ITVFest, each entrant, at his/her/its own expense, agrees to obtain from all necessary third parties, all releases, permissions and other written documents, in a form acceptable to ITVFest, as may be required by ITVFest and any of its affiliates or sponsors so as to confirm, record and/or perfect all of the rights involved in the particular entry. Without limiting the possible requirement to obtain the aforementioned releases, entrant acknowledges and agrees that upon ITVFest’s request, he/she/it shall provide to ITVFest all necessary written releases and permissions pertaining to on-camera talent, writers, composers, and any other third parties providing any services or materials in connection with such entrant’s entry to Competition.
Rules regarding other contests and competitions
In the event that an entry has been submitted previously to another contest or competition, entrant represents that the contest will not take place at the same time as ITVFest.
Ideas, stories, themes, plots, titles, concepts, and confidences
Entrant further acknowledges that the ITVFest and its affiliates, employees, officers, directors, licensees, assigns, and/or sponsors (referred to collectively as the “Designated Entities”) as a part of their business may routinely engage, and may have previously engaged in, extensive activities in connection with developing, writing, acquiring, publishing, disseminating and broadcasting literary, artistic, and other materials, including stories, ideas, themes, plots, titles, screenplays, teleplays, treatments, formats, and concepts (collectively referred to as the “Materials”). In submitting an entry to ITVFest, each entrant acknowledges and understands that any Materials that the Designated Entities may hereinafter use or exploit may have originated with the Designated Entities themselves or may have been already acquired from the Designated Entities’ employees or other parties, and that if such Materials duplicate, parallel or resemble the entrant’s entry for the Competition, such occurrence may be a mere coincidence.
By submitting an entry, entrants acknowledge that they understand and agree that the Designated Entities’ use of Materials containing features and elements similar to or identical with those contained in the entrant’s entry shall not entitle the entrant to any compensation where such Materials’ were not created or originated by the entrant. As an inducement to ITVFest to accept the entrant’s entry into the Competition, each entrant hereby waives any claim or right of legal action against any of the Designated Entities or their successors and assigns in connection with the Designated Entities’ use of any features or elements similar or identical to Materials (or any portions thereof) where Designated Entities can prove to entrant, prior to the institution of any legal proceeding, that Materials were developed before entrant’s Materials came into existence and/or derived from a source other than entrant’s Materials. By submitting an entry, entrants acknowledge that they understand and agree that the Designated Entities’ do not accept entrant’s submissions in confidence.
The official panel of Jurors, consisting of representatives selected at the sole discretion of the ITVFest, will judge the entries based on the following criteria: (i) writing (ii) acting (iii) concept (iv) originality and creativity, (v) production and (vi) adherence to and appropriateness for a particular format. Selected entrants may be required to submit requested information, including but not limited to additional releases and permissions from necessary parties, to assist in the Jurors’ due diligence research. An interview with the entrant, conducted at the sole discretion of the Jurors, may also be required prior to the Jurors’ decision.
The Jurors will select finalists to screen in each category (as listed below) in late July. The finalists will be notified by telephone and/or e-mail. The Jurors will then select a potential winner in each category (as listed below) on or about September 28th. The winners will be announced at the ITVFest Awards Gala. Potential winners may be required to sign and return within five (5) business days of receipt an Affidavit of Eligibility, Release and Indemnification, as well as other documents that ITVFest may reasonably require.
If any potential winner does not reply to any notification by ITVFest within five (5) business days, such potential winner may be disqualified in the discretion of ITVFest and an alternate potential winner may be selected. This process may continue until a winner is selected. ITVFest shall not be responsible in any way for any missed notification or an entrant’s failure to receive a communication from ITVFest. The winner in each category shall be announced at an awards ceremony to occur following the close of the Competition.
Some or all of the Finalists and Winners of the Competition may be required to participate in a reasonable number of customary promotional and publicity activities [including press junkets, telephone interviews, sending press packages, and public appearances (appearance expenses would be paid for by ITVFest)] to promote the Independent Television Festival and the Competition. If an entrant is not willing or unable to participate in such promotional activities at the time of the announcement of the winners, ITVFest reserves the right to select another winner.
Additional Conditions of Participation
If for any reason the Competition cannot be administered or completed as planned, the ITVFest reserves the right, at its sole discretion, to terminate, modify and/or suspend the Competition and to determine the winners by having the judges evaluate all eligible entries received prior to the action taken, or as otherwise deemed fair and equitable by the ITVFest. ITVFest reserves the right to terminate, modify or suspend this Competition due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; the recapture of any time period scheduled for the live telecast of a program for an event of national importance or emergency; failure of technical facilities; failure of essential production, or technical personnel to appear or be available for production or broadcast; or other cause beyond its control. By entering, each entrant agrees that should this Competition be terminated for any such reason(s) entrant irrevocably waives any right to seek rescission, an injunction, or other equitable relief.
Mediation and Arbitration of any Disputes
In the unfortunate event entrant makes a claim against ITVFest based upon this Application the parties will first attempt to resolve said claim in good faith by mediation through a single mediator to be mutually agreed upon. Each party shall pay one-half of the mediator’s fees. If said claim is not resolved through mediation, it shall be resolved by binding arbitration in accordance with the rules of California Code of Civil Procedure § 1280 et seq. The arbitrator shall be empowered to order the losing party in the arbitration to reimburse the prevailing party for all expenses incurred in connection with the arbitration, including without limitation the arbitrator's fees and reasonable attorney fees and costs.
By agreeing to arbitration entrant acknowledges that:
• the parties would be waiving their right to a jury trial and to seek remedies available in court proceedings;
• pre-arbitration discovery is generally more limited than and different from court proceedings;
• the arbitrator's award is not required to include factual findings or legal reasoning; and
• any party's right to appeal or to seek modification of the award is strictly limited and the award is final and binding on the parties.
The entrant and ITVFest further agree as follows.
Relationship. This Application between the parties does not constitute a joint venture or partnership of any kind.
Cumulative Rights and Remedies. All rights, remedies, undertakings,
obligations, covenants, privileges and any property granted herein shall be cumulative, and ITVFest may exercise or use any of them separately or in conjunction with any one or more of the others.
Waiver. A waiver by either party of any term or condition of this Application in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof.
Severability. If any provision of this Application as applied to either party shall be adjudged by a court of competent jurisdiction to be void and unenforceable, the remainder of this Application shall remain in full force and effect shall be construed as if the unenforceable provision had not been in this Application, unless the absence of the unenforceable provision shall substantially destroy the business purpose of this Application.
Governing law and Venue. This Application shall be construed in accordance with the laws of the state of Vermont and any dispute, claim, mediation, arbitration, or legal proceedings of any kind arising under Application shall be resolved solely in the state or federal courts of the state of Vermont counties of Windham, or other county of Vermont if an appeal requires such. Each party shall submit to the jurisdiction and venue of such courts and the Licensor is designated as the agent for the service of process in any such action.
Entire Agreement. This Application is intended to be the final expression of the parties and thus contains the entire understanding of the parties relating to the subject matter. This Application cannot be changed except by written agreement executed by the party to be bound.