The Blowtorch Big Screen Short Film Challenge Contest Rules
To Enter: No purchase or payment is necessary to enter this Blowtorch Shorts Contest ("contest"). To enter you must complete and submit the online form located at www.blowtorch.com by 11:59 P.M. (EST) on December 27, 2007 ("eligible entry"). In addition to the required identifying information, an eligible entry must include a video ("Video Submission") addressing the theme requested by Blowtorch Entertainment Corporation ("Company"). Each Video Submission must be unoptioned and wholly original, have a maximum run time of five (5) minutes, a maximum file size of fifty (50) megabytes, and with any language spoken therein in English. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Company (and its agents) will not be responsible for such entries. Video Submissions will not be returned to entrants. You understand that Company receives numerous submissions, many of which are similar to one another (and may be similar to your Video Submission). As a result, Company does not wish to receive any Video Submissions that you wish to treat as confidential or proprietary and Company would not be willing to review your Video Submission in the absence of these Contest Rules. All submissions provided to Company are provided without any expectation that they will be held in confidence or that Company or any persons to which Company discloses the Video Submission will be in any way restricted (or have any obligation) with respect to any such Video Submission, any contrary indication of restrictions outside these Contest Rules notwithstanding.
Entrant Representations, Warranties, License Grants: By submitting any Video Submission, you represent and warrant that: (i) you are the sole owner of all rights to the Video Submission, which was created, written, and filmed without any suggestion or request from any third party that you write the material contained therein; (ii) you have all necessary permissions from all participants, if any, appearing in your Video Submission, and that you are not, and will not be, violating your obligations or any rights of any third party by providing Video Submissions; (iii) if any such participant is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide written permission in a form acceptable to Company; (iv) you hereby do and shall grant Company a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Video Submission in connection with the Company website, public viewing and voting for this contest, and/or otherwise in connection with Company's (and its successors and assigns) business, in any media formats and through any media channels (including, without limitation, third party websites); and (v) you hereby do and shall grant each user of the Company website the rights you grant in the Terms of Use therein, including, without limitation, a license to access and vote on your Video Submission through such website ("Terms of Use").
Eligibility and Indemnity: This contest is open only to legal residents of the United States, age eighteen (18) or over, excluding employees of Company and members of their immediate families. This contest is void outside the fifty (50) United States, the District of Columbia, and where prohibited. To be eligible you must agree to abide by these rules and be bound by all Company decisions relating to this contest, which are final and binding in all respects, including but not limited to Company's determination of the winner. Company reserves the right in its sole and absolute discretion to disqualify any Video Submission for any reason, including without limitation, for inclusion of violence, indulgent use of obscenities or any other material deemed objectionable by Company, or for violation of the Terms of Use. Video Submissions must not have been previously entered in any competition or contest or won any award prior to submission in this contest. You will indemnify and hold harmless Company (and its employees, agents, and Blowtorch community members) against all claims, losses, expenses, damages and liabilities, if you do not satisfy all of the contest rules and regulations.
Prize: The prize awarded to the contest winner as described herein ("Prize") is subject to all of the terms and conditions of the Winner Agreements (as that term is defined below). The prize includes roundtrip coach airfare on the dates specified by Company for the winner and one guest to Los Angeles, California (from any airport within the United States) where winner will work with certain members of a Blowtorch production team to develop and film a short film which may be based upon the idea or content of the winner's Video Submission, as shortened, lengthened, edited, modified, re-filmed or otherwise changed in Company's sole discretion ("Blowtorch Short"), in Company's sole discretion; hotel accommodations chosen exclusively by Company for four nights for winner and one guest; and daily meal and transportation stipend in Company's sole discretion. Approximate retail value of the total prize is: $5,000. The Blowtorch Short will be, in Company's sole discretion, be distributed and viewed in certain movie theaters in the United States in 2008. The Prize is not assignable or transferable by the winner. The winner is responsible for the payment of all taxes associated with the receipt of the Prize. No substitution or transfer of the Prize is permitted, except that if any portion of the Prize is unavailable, Company has the right to substitute that portion with a prize of substantially equal value. The Prize may not be redeemed for cash. Video Submissions created by more than one person are eligible, but only one Prize will be given and it will be the entrant's responsibility to distribute the Prize. If such entrants are unable to agree on the distribution of the Prize, their Video Submission will be disqualified.
Winner Selection: The winning entry will be selected by the Blowtorch community (as that term is used on the Company website), by registered users scoring any number of submissions by December 26, 2007. In the event of a tie, Company will determine the winning entry. The decisions of the Blowtorch community (as determined by Company in its discretion) and Company are final. The criteria that the Blowtorch community will be directed to use to select the entry are originality, creativity, and overall entertainment potential. The winner must sign and notarize (and winning is contingent upon the winner signing and notarizing) an Affidavit of Eligibility, License and Services Agreement, Non-Disclosure Agreement, and other documentation relating to the Prize that will be sent via mail or email ("Winner Agreements"), and must be returned to Company within ten (10) days, in order for the winner to be officially recognized. If the winner is unable to accept the prize, or if the winner does not return the signed Winner Agreements within ten (10) days after Company's mailing of the same, Company will automatically disqualify the winner and will select another winner based upon Blowtorch community results. Among other things, the winner must agree to grant Company permission to use his name, photograph and likeness for advertising and promotion of this and similar promotions or the Company products or services without compensation, unless prohibited by law; and the winner must sign any applicable forms required by tax authorities and prize suppliers. The winner acknowledges and agrees that Company may establish, manage and modify the production budget for any facet of the Blowtorch Short without winner's input or consent. The Prize will only be awarded to a winner if he/she complies with all of these rules, terms and conditions, and the terms and conditions of the Winner Agreements.
List of Winners: Entrants may request a list of winners by mailing a request to Company, Attn: Peter Towle 1 Blackfield Drive, #340 Tiburon CA 94920
Limitations of Liability: Company and its officers, directors, or agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by Company, or you or by any of the equipment or programming associated with or utilized in association with this contest or by any technical or human error which may occur in the processing of submissions that may limit an entrants ability to participate in this contest. BY ACCEPTING DELIVERY OF THE PRIZE, WINNER AGREES THAT THE PRIZE IS AWARDED ON THE CONDITION THAT COMPANY AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF THE PRIZE, OR THIS CONTEST. Winner further acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee (express or implied, in fact or in law) in connection with the Prize or the use or enjoyment of the Prize. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED.
General Conditions: If any provision of these Contest Rules are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Company reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of these rules. If Company determines, in its sole discretion, that the on-line portion of the contest is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper play of the contest, then, at its sole discretion, Company can cancel this contest or unilaterally determine the winner based on the criteria stated above in "Winner Selection". In the event of any non-compliance with any requirement stated herein, the winner's Prize may be forfeited and awarded to an alternate winner. This contest is governed by and shall be construed under the laws of the State of California, U.S.A., without regard to the conflicts of law provisions therein. All disputes in connection with the subject matter of these Contest Rules will be determined by binding arbitration in Los Angeles, California by, and under the rules of, JAMS. This contest is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied. These Contest Rules (together with the Terms of Use and Winner Agreements) set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof.