OFFICIAL RULES –
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1. DESCRIPTION: These official rules (“Official Rules”) govern the 2015 The Comedy Minute “Do the Funny” Comedy Film Contest (the “Contest”). The Contest begins at 12:00:01 AM CST on May 1, 2015, where entrants (each a “Contestant”) can enter a short film submission (“Submission”), and the Submission period closes at 11:59:59 PM CST on May 31, 2015 (the “Contest Period”). All Contestants agree to abide by and be bound by these Official Rules.
2. ELIGIBILITY: The Contest is open only to permanent legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age and older as of April 30, 2015. Void where prohibited by law.
3. HOW TO ENTER: To enter, visit http://www.thecomedyminute.com (the “Site”), during the Contest Period. Contestants should follow the instructions on the Site to complete the registration form for the Contest and upload the Submission to The Comedy Minute. All Submissions must comply with the Submission Guidelines (below). All registration information is required in order to participate in the Contest as well as payment of the entry fee as specified on the submission form.
4. SUBMISSION GUIDELINES: All Contest Submissions shall conform to the following guidelines:
- The Submitted Film must be Team’s original creation;
- The Submitted Film must have been completed after January 1, 2015;
- The Submitted Film must only be visible via a private YouTube link and not found through a common web search during the Contest Period including through the announcement of the Winner which will be posted on The Comedy Minute Site;
- The Submitted Film must be performed in the English language, but common foreign words/phrases are acceptable;
- The Submitted Film must be no shorter than one minute and no longer than five minutes in length, including titles, if any;
- The Submitted Film not infringe the copyright or any other proprietary right of another individual or entity, nor shall it contain music from published artists as this may cause your Submission to be removed
- The Submitted Film must not contain any nudity, pornographic or unlawful content or material
- The Submission must be in one of the following formats: 3g2, 3gp, 3gpp, asf, avi, dat, divx, dv, f4v, flv, m2ts, m4v, mkv, mod, mov, mp4, mpe, mpeg, mpeg4, mpg, mts, nsv, ogm, ogv, qt, tod, ts, vob, wmv.
- The aspect ratio of the uploaded Submission must be 16×9 (it may be shot in other ratios and converted), and the Submission cannot exceed 1024MB.
- The Submitted Film must not contain any software viruses or other codes or programming designed to limit, impair, destroy, interfere or otherwise cause harm to the Contest, the Site, other Contestants, Submissions, individuals, or Promotion Entities.
The submitting Team must have all rights, clearances, permissions, approvals and/or consents necessary for their Submission, including but not limited to music rights, releases from all persons appearing in the scene, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the scene. In the event that a Team does not have the appropriate rights, the Submission may be disqualified in the The Comedy Minute’s sole discretion. In the event of such a disqualification, Contestant or Team may edit and resubmit the Submission, provided that the Contest Period is still open and pay an additional Submission fee.
If a Submission includes such material or an element contained in a Submission is deemed unsuitable for public presentation (e.g., includes nudity or pornography, etc.), unfavorably depicts the Promotional Entities, defames brands or individuals, contains hate speech (including words, symbols or hashtags that are widely considered offensive to individuals of a certain race, ethnicity, religion, gender, sexual orientation, or socioeconomic group) or is inconsistent with the theme or image of the Contest, The Comedy Minute reserves the right, in its sole discretion, to disqualify the Submission. The Comedy Minute reserves the right in its sole discretion to disqualify any Submission that, in its sole opinion, does not comply with these Submission Guidelines, entry requirements or Official Rules.
5. LICENSE TO THE COMEDY MINUTE: By participating in the Contest and uploading a Submission, Contestants grant The Comedy Minute, and its licensees, successors, and assigns an irrevocable, non-exclusive, royalty-free, license (but not the obligation) to use, copy, sublicense, transmit, distribute, publically perform, display, exhibit, alter, edit, scan, duplicate, modify or create derivative works from the Submission in any manner, including in advertising, promotion and publicity materials, in any medium now known or hereafter devised, throughout the world, in perpetuity. Contestants irrevocably waive any and all so-called moral rights they may have therein. Contestants acknowledge and agree that the Promotion Entities do not have now, nor shall in the future have, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Submissions.
6. PRIZE: The winner (the “Winner”) of the Contest will receive the following Grand Prize (the “Grand Prize”):
7. CONTEST JUDGING: The Contest will consist of one round of judging. The Comedy Minute will identify the top ten (10) Submissions (the “Top 10 Submissions”) based on average collected Ratings as determined by The Comedy Minute. The Teams who submitted the Top 10 Submissions will be deemed to be the Top 10 Contestants. The Comedy Minute will attempt to notify the Top 10 Contestants via email of their advancement into Judging Round of the Contest.
- Check for $500 paid to the Contestant for the top voted short film as voted on during the voting period, provided short film was listed under the Top 10 section as announced on or around June 7, 2015. This is for the “Audience Choice Award.”
- Check for $500 paid to the Contestant for the winner of the Contest Judging award based upon the criteria noted in section 7, Contest Judging.
Each of the Submissions of the Top 10 Contestants shall be arrayed in thumbnail format, in an order randomly generated by computer, on The Comedy Minute Site from 8:00:01 PM CST on September 20, 2014 through 11:59:59 PM ET on October 5, 2014 (the “Top 10 Public Vote”). Each person voting during the public vote will be allowed (1) vote. The Submission garnering the highest number of votes during the Top 10 Public Vote shall become the sole winner of the contest.
The Voting Round is described in further detail below.
Voting Round: From 12:00:01 AM CST on June 7th and ending on or about 7:59:59 on June 20, 2015, The Comedy Minute will randomly assign Submissions to Contestants and members of the public not entering the Contest who register as judges (any such individual, a “Judge” and collectively, “Judges”). Judges must be: (i) located in the fifty (50) United States or the District of Columbia, (ii) are eighteen (18) years of age and older as of April 30, 2015. Judges will be asked to review and rate their assigned Submissions. A Judge receiving a Submission for review will be asked to evaluate and score it based on a scale of 1 (lowest) to 10 (highest) across six identified criteria:
- Production value;
- Overall impression as a comedic short film.
The total score received by a Submission will range from a minimum score of six (6) and a maximum score of sixty (60). Each time a Submission is reviewed by a Judge will be deemed a single rating for that Submission (the “Rating”) and will be recorded by The Comedy Minute. The overall Rating for each Submission shall be the average of the collected Ratings for that Submission. Each Submission will be reviewed at least one (1) time during Voting Round by each judge.
8. OBLIGATIONS FOR GRAND PRIZE WINNER: All taxes (including, without limitation, federal, state, and local taxes) on or connected with the Grand Prize and the reporting consequences thereof, are the sole and exclusive responsibility of the Winner. No substitution or transfer of the Grand Prize by Winner permitted. The Comedy Minute reserves the right to substitute the Grand Prize for a prize of equal or greater value. The Grand Prize is nontransferable and non-endorsable. The Comedy Minute makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize furnished in connection with the Contest.
9. PUBLICITY RELEASE: By participating in the Contest, either as a Contestant, Team or Judge (each a “Participant,” and collectively, “Participants”), in addition to any other grants which may be granted in any other agreement entered into between The Comedy Minute and any Participant in the Contest, each Participant irrevocably grants and assigns to the Promotion Entities and their respective successors, assigns and licensees, the right to use his or her name, likeness, photograph, and biographical information in any and all media throughout the world, for any purpose, including without limitation advertising and promotional purposes, including but not limited to The Comedy Minute Site and related social media sites (Twitter, Instagram, Facebook, Google+, etc). Participants unconditionally release the Promotion Entities from any liability with respect thereto.
10. GENERAL RULES: Proof of submission is not proof of receipt of entry. Participants agree to waive all claims to and shall receive no royalties of any kind now or in the future from Promotion Entities for use of Submission in the Contest, Site, or otherwise, and Participants represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules, and that the Submission is not subject to any collective bargaining agreements. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Comedy Minute makes no warranties, express or implied, as to the content or the accuracy or reliability of any information, ratings or statements in the Contest or Submissions and is not responsible for any incorrect or inaccurate information, reviews, ratings, or other materials, whether caused or created by a Participant or other individual, by tampering or “hacking,” or by any of the equipment or programming associated with or utilized as part of the Site or the Contest. The Comedy Minute not responsible for incomplete, lost, late, damaged, illegible or misdirected mail, e-mail, or direct messages or for any technical problems, malfunctions of any telephone lines, telephones, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Comedy Minute is not responsible for any damage to any Participant’s computer system/software related to or resulting from participation, uploading or downloading any materials in this Contest. CAUTION: ANY ATTEMPT BY AN IDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE COMEDY MINUTE RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. . Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such Submissions by such methods. The Contest may be cancelled, modified, terminated or suspended if the relevant platforms are infected by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside control of The Comedy Minute which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest. The Comedy Minute reserves the right at its sole discretion to disqualify any individual who is suspected of tampering with any entry process or the operation of the Contest or the Site. In the event The Comedy Minute is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, technical issues with the Site or Facebook, 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, order of any court or jurisdiction, or other cause not within the The Comedy Minute’s control (each a “Force Majeure” event or occurrence), The Comedy Minute shall have the right to modify, suspend, or terminate the Contest, as applicable. In such an event, a notice will be posted on The Comedy Minute Site. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, The Comedy Minute 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 Contest. Each Participant acknowledges and agrees that his or her participating in the Contest shall not give rise to any special, implied-in-fact, implied-in-law, or other fiduciary relationship with The Comedy Minute or any Promotion Entity. By participating in this Contest, each Participant agrees to be bound by the Official Rules and the decisions of The Comedy Minute and The Comedy Minute’s designees, which shall be final and binding in all respects. Promotion Entities are not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
11. Representations and Warranties/Indemnification: Each Contestant represents and warrants to The Comedy Minute as follows: (i) the Submission is the Contestant’s own original work; (ii) the Submission is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene. Additionally, each Participant represents and warrants to The Comedy Minute as follows: (i) the Participant will comply with these Official Rules and the requirements set forth in any other agreement Participant may enter into with The Comedy Minute; (ii) the Participant will not violate any laws, rules, or regulations regarding their participation in the Contest; and (vi) the Participant will not upload any “viruses” or other information, code, or material(s) that may damage or otherwise interfere with the Contest, The Comedy Minute’s computer systems or data, or the computer systems or data of any other person or entity. Each Participant hereby agrees to indemnify, defend, and hold the Promotion 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 alleged breach of any of the warranties, representations or agreements of Participant hereunder.
12. GENERAL RELEASE; LIMITATIONS ON LIABILITY; WAIVER: By entering the Contest, each Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, not to exceed Five Thousand Dollars ($5,000), but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any Participant be permitted to obtain any award for, and EACH Participant hereby knowingly and expressly waives all rights to seek punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
Each Participant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible Submissions or Ratings or for failure to receive Submissions or Ratings due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with The Comedy Minute, or otherwise, that may limit a Participant’s ability to participate in the Contest or send or receive notifications requiring action or response by such Participant; and (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Participant’s rights of publicity or privacy, or the Participant’s claim that he or she has somehow been defamed or portrayed in a false light).
Each Participant acknowledges that there is a possibility that after his or her entry into the Contest, he or she may discover facts or incur or suffer claims which were unknown or unsuspected at the time of entry and which, if known at that time, may have materially affected his or her decision to enter the Contest. Each Participant acknowledges and agrees that by reason of these Official Rules, and the release of liability contained herein, he or she assuming any risk of such unknown facts and such unknown and unsuspected claims.
15. INVALIDITY/HEADINGS: 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 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. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. WINNERS LIST: To receive the name of the Winner by email, send an email to firstname.lastname@example.org with”Do the Funny Short Film Contest” as the subject line. Requests must be received by 12/31/15. Email will be sent after the Winner has been verified and paid.