MovieHatch Makin’ Movies
Feature Film
Evaluation and competition TERMS
AND
CONDITIONS
Temme III LLC, d/b/a MovieHatch (“Sponsor”) is looking for screenplays for evaluation (“Evaluation”) and possible entry into the MovieHatch Makin’ Movies Feature Film Competition (“Competition”). Laws of the United States apply. Void where prohibited by law.
SUMMARY OF SUBMISSION PROCESS
All participants will have the opportunity to (1) have participant’s Submission reviewed by MovieHatch for evaluation, (2) receive a written evaluation on participant’s Submission, and (3) have participant’s Submission be considered for qualification to enter the online Competition.
In addition, all participants whose Submissions were determined by Sponsor as qualifying for entry into the online Competition will also have the potential to compete to become one of 10 finalists (“Finalists”) selected to have his/her script reviewed by 25+ Industry Experts, including executives from top feature film production companies. Those Industry Experts are looking for winning scripts to produce and/or put into development.
MovieHatch judges will evaluate all scripts, loglines and synopses, as detailed below. If participants qualify for the Competition, they must also submit a visual pitch element, as outlined below, for inclusion in the online Competition.
The online Competition will judge qualified entries to determine the top 10 Finalists through Viewer judging and MovieHatch judging. The top selections will be deemed Finalists and will then receive a priceless opportunity for industry review and evaluation by Industry Experts who will provide their critiques and comments to the Finalists’ scripts.
As a bonus the MovieHatch Judges also have the right to select up to an additional 15 Submissions as MovieHatch Special Selection to be sent to individually selected Industry Experts and other industry professionals for potential additional evaluation.
1. Eligibility FOR EVALUATION AND COMPETITION
You must (1) be at least 14 years of age at time of submission, (2) register at www.MovieHatch.com, (3) agree to Terms and Conditions for Evaluation and Competition, Option/Release and Ownership Agreement, and (4) submit all required materials that meet the requirements for submissions, as outlined below, in order to be eligible to submit a script for Evaluation and if selected, also be entered into the Competition.
2. process and requirements for Submissions
All materials must be submitted by the Entry Deadline Dates. Materials submitted online must be submitted at http://www.MovieHatch.com (the “MovieHatch.com”) starting from 12:00 AM Eastern Time (“ET”) on April 29th, 2010 through 11:59 PM ET on August 15th, 2010 (the “Submission Period”). The Deadline Date for online Entries is 11:59 PM ET on August 15th, 2010 (“Deadline Date”). All hard copy scripts submitted by mail must be postmarked by the Deadline Date.
Go to MovieHatch.com and follow the on-screen instructions which will require that you:
1. Register at www.www.MovieHatch.com and pay the evaluation and administration fee of $99 by credit or debit card through PayPal™ for each Submission (“Evaluation Fee”);
2. Fill in the required information on the official submission form;
3. Acknowledge compliance with the Evaluation and Competition Terms and Conditions by clicking “I accept the Terms and Conditions”
4. Acknowledge your ownership of the Submission by agreeing to the Ownership Agreement;
5. Agree that if you qualify and participate in the online Competition, MovieHatch will have an option on your Script which will continue during the Option Period, as set forth in the Option Agreement; and
6. Submit the required materials comprising your Submission which include the following:
· A written pitch, including a log line not to exceed 150 characters (including spaces) and a synopsis not to exceed 2,000 characters (including spaces) (“Written Pitch”) to be submitted online.
· A copy of your feature film script which must be no less than 90 pages and no more than 140 pages in length, or TV script which must be no less than 50 pages and no more than 120 pages, (“Script”) which must be submitted as follows:
Ø Mailing one (1) hard copy to MovieHatch Productions, P.O. Box 2063 Austin TX 78768-2063
AND
Ø Uploading an electronic version of your script in PDF format with your name and script title via the site entry/submission pages.
· Written Pitches and Scripts must be written in English (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Sponsor).
Although it is not required for an Evaluation a Visual Pitch – video trailer or still image (as defined below) – can also be submitted at this time.
The Written Pitch, Visual Pitch (defined below) and Script are referred to individually and collectively as your (“Submission”). Incomplete, unreadable, or unintelligible Submissions will be disqualified. A Submission can only be submitted by one rights owner: you must own all right, title and interest to the Submission (unless elements incorporated therein are in the public domain) or in the event there is anyone else involved in the creation of any of the elements of the Submission (“Third Party Participant(s)”) you have received permission from said Third Party Participant(s) to submit the Submission and to grant the rights granted to the Sponsor herein and if requested from the Sponsor, you will provide evidence of this permission. Sponsor reserves the right to disqualify any Submission for evaluation or for the online Competition in the event of any dispute over ownership. Participants may make multiple Submissions but each Submission must be submitted and will be evaluated separately. There are no refunds of the Evaluation and Administrative Fee. Submissions will not be returned.
3. EVALUATION BY SPONSOR
In full consideration for the Submission Fee, each Submission will be reviewed and evaluated by Sponsor from date of submission through on or about August 20th, 2010 (“Evaluation Period”). Sponsor will evaluate the Submissions based on the participant’s talent conveyed by various elements including (1) the structure and composition of the Script and Written Pitch; (2) the originality and artistic vision of the entire Submission; (3) overall entertainment value; and (4) emotional impact of the Submission. Written evaluations will be provided to all participants. Any participant who is not qualified to compete in the online Competition, as determined in the sole discretion of the Sponsor, will receive his or her evaluation within 15 - 30 days of the conclusion of the Evaluation Period. Any Participant who is qualified to enter the Competition but who is not selected as a Finalist will receive his or her evaluation within 15 – 30 days after the Finalists in the Competition are announced. Those evaluations will include Voter rankings and potentially viewer comments, in the sole discretion of the Sponsor. Finalists will receive MovieHatch’s evaluations in conjunction with the evaluations they receive from Industry Experts.
4. COMPETITION ENTRY
All participants whose Submissions are determined by Sponsor to be qualified for entry into the online Competition will receive an email notification on or about August 20th, 2010 giving them the option to opt out of continuing on into the Competition. Unless opting out in writing within 72 hours of said notification, if all Submission requirements have been met, the Submission will automatically be entered into the online Competition.
Participants’ Submissions will be judged by pier viewers and MovieHatch to determine the top 10 Finalists. The 10 Finalists’ Submissions will be reviewed by 25+ Industry Experts for a period of up to 2 months after the Finalists are announced (“Industry Review Period”) including executives from top feature film production companies, who are looking for winning scripts to produce. Participants and Finalists will also receive notes and evaluations garnered from the Industry Experts regarding their Submissions within 30 -45 days of the end of the Industry Review Period.
You must adhere to all the following requirements to be eligible to compete:
- Upon receiving notification that you qualify for the competition, you must upload a visual pitch, which can be a video pitch not to exceed three minutes in length or a still image not to exceed 600x400 pixels in size (“Visual Pitch”) by 11:59 PM ET on September 1st, 2010. Keep in mind that your visual pitch must comply with the technical requirements for uploading materials at MovieHatch.com found at here.
- Visual Pitches may include music but only compositions, recordings, lyrics, text and other musical materials that are original, created only by participant, or a Third Party Participant from whom you have obtained the rights as provided herein or in the public domain, and do not contain any “samples” or excerpts that would infringe on the copyrights of others, are not merely a “cover” of someone else’s song and are not the subject of any agreement, including without limitation, a recording contract or any grant of rights to the recorded performances contained in the Visual Pitch, or otherwise;
- Visual or Written Pitches cannot contain any personally identifiable information (name, email address, phone number, URL or other contact information), excessive focus on brand names, logos, or trademarks, contain offensive material or any elements such as excessive nudity or excessive graphically violent imagery, or material that is racially insensitive, profane, slanderous, disparaging to any person or third party, offensive to good taste, discriminatory on the basis of sexual orientation, religion or race, or any subject which is contrary to the interests of Sponsor as determined in the sole discretion of the Sponsor.
- Your Visual Pitch can be submitted as a video in its original language but to be eligible for evaluation or for the Competition it must include English subtitles.
- If a Visual Pitch depicts a person who is under the age of 18 (or deemed a minor as determined by the laws of the state, province, and/or country in which s/he resides) ("Minor"), the participant must have obtained permission from the parent or legal guardian of that Minor and may be required to provide evidence of this permission.
Submissions not meeting those requirements will not be eligible for entry into the online Competition.
5. FINALIST
REQUIREMENTS
Potential Finalists will be subject to verification and the requirements of the Terms and Conditions of Entry. Sponsor will notify potential Finalists by e-mail and/or phone on or about 11/15/10 and those potential Finalists will be required to physically by hand execute their previously submitted Ownership Agreement, representing and warranting that participant owns or has licensed all right, title and interest to the Entry and indemnifying Sponsor for any violation of third party rights and the Option/Release Agreement providing Sponsor with the right to option the Script. If a potential Finalist does not respond to the notification phone call or email or if a potential Finalist does not return the executed documentation within 5 days of the date of notification, or if an Entry or participant is found to be ineligible, in the sole discretion of the Sponsor, the potential Finalist will forfeit the opportunity to have his/her Script reviewed by the Industry Experts. If an eligible potential finalist is selected who is a Minor, his or her parent or legal guardian must sign the documentation on his or her behalf.
By entering the Competition, unless prohibited by law, each Participant grants to the Sponsor and its licensees the right to use, display, distribute or publish his/her name, likeness, photograph, voice, address (city and state), biographical information, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with the Sponsor, the Sponsor’s services and/or the Competition.
6. COMPETITION JUDGING
ROUND 1 VIEWER VOTING AND SPONSOR JUDGING:
Viewer Voting: All participant’s Visual and Written Pitches (“Entries”) will be posted on the Competition Website for viewing. From 12:00 PM EST on September 5th, 2010 through 11:59 PM EST on November 5th, 2010 (“Voting Period”) any Registered Voter will be allowed to rank the Entries by logging on to the Competition Website and following the onscreen prompts to evaluate and rank the Entries on a scale of 1 to 5 based upon the following criterion: (1) its appeal to the intended audience (2) likeability of performers (3) entertainment value; and (4) emotional impact (“Vote”). Only one Registered Voter can place Votes per email address. Registered Voters can rank all Entries but only one ranking per Registered Voter will be tallied at the end of the Voting Period for each Entry. The Entries with the top 10 highest ranked scores, based on a weighted score determined by Sponsor, will be combined with votes from Round 1 MovieHatch Judging to determine the 10 Finalists.
There may be different categories of films but all Entries will be judged together. Submitting an Entry constitutes a waiver, on behalf of the participant, Third Party Participants, and any other third party of any claims to compensation, royalties, or other remuneration for all uses of the Entry by Sponsor or its designees that are permitted or granted hereunder. Registered Voters will be subject to the Terms of Use of the Competition Website and eligible Votes will be subject to any ranking instructions posted on the Competition Website. If a participant is found to have engaged in any fraud or collusion or unfair play of any kind in Sponsor’s sole discretion, all of that participant’s Votes and will be disqualified in the Sponsor’s sole discretion. Sponsor also reserves the right to void all Votes that do not comply with these Terms and Conditions or are made through robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method.
MOVIEHATCH JUDGING: All Entries will also be judged by MovieHatch professionals during the Voting Period to evaluate the Entries based upon the following criterion: (1) production value and professionalism, (2) creativity and originality of Written Pitch and Visual Pitch, (3) performances, (4) entertainment value, (5) emotional impact, and (6) marketability (collectively, “Judging Criteria”).
The Entries with the top 10 highest-ranking scores from Viewer Voting, based on a weighted score determined by Sponsor, will count as 75% and the other 25% will be based upon the MovieHatch Judges Voting scores. The Entries with the highest combined scores will become the 10 Finalists who will have their Submissions, including their scripts, reviewed by Industry Experts.
In the event of a tie, the tying Entries will be selected based on the Judges scores for Originality and Entertainment Value. In the event of a second tie, the tying Entries will again be reviewed and evaluated based on the Viewers Votes for Marketability and Emotional Impact. In the event of a third tie, the tying Entries will again be reviewed and evaluated based on all the Judging Criterion.
BONUS JUDGING:
The MovieHatch Judges also have the right to select up to an additional 15 Submissions (“MovieHatch Special Selection”) to be sent to individually selected Industry Experts and other industry professionals. To be eligible to be selected as a MovieHatch Special Selection participants must follow the same process as Finalists. These MovieHatch Special Selections will be sent to any number of Industry Expert(s) at the sole discretion of the Sponsor. Participants, whose Submissions are selected as MovieHatch Special Selections, may receive additional evaluation(s) from those Industry Expert(s), as determined by Sponsor at its sole discretion.
ROUND 2 EXPERT REVIEW AND EVALUATIONS:
The 10 Finalists’ Submissions, including their Scripts, will be reviewed and evaluated by the Industry Experts, including executives from top feature film production companies who are looking for scripts to produce and writers to work with. If selected all Finalists must immediately supply to Sponsor a bio, resume, and other information pertaining to their Submissions upon request. Industry Expert evaluations may be based in part on the Judging Criteria and Industry Experts will complete written evaluations of the Submissions they receive.
7. License
Participants retain sole ownership in their Submissions. In addition, Participants are solely responsible for any liability for third party claims relating to the content of their Submissions.By participating in the Evaluation Process and/or Competition participants hereby agree that the uploading of their Video Pitch and Written Pitch will automatically grant to Sponsor and its licensees the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, distribute, display, edit, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use throughout the world the Visual Pitch and/or Written Pitch, in whole or in part, alone or in conjunction with other works, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor, Sponsor’s services and the Evaluation Process and/or Competition, all without further consent from or payment to the participant, any Third Party Participant, or any other third party without any obligation to use any such rights. This will include the right to include advertising in conjunction therewith, including pre-rolls, post-rolls and overlay advertising. If a Submission is selected as suitable for the Competition it is intended that the Visual Pitch will be posted at MovieHatch.com.
8. GENERAL
CONDITIONS
The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the submission, evaluation, voting, ranking or judging process, to reject or disqualify any Submission or Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that participant has not complied with the Terms and Conditions or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Evaluation Process or Competition. The posting of an Entry does not guarantee eligibility or advancement to the voting/judging rounds. All decisions of the Sponsor are final in all aspects of the Competition. By making a submission, participants agree to release the Sponsor, the MovieHatch Judges and Industry Experts, and their respective parents, subsidiaries and affiliated companies, units and divisions and advertising and promotional agencies and any entity or person involved in the Evaluation process or Competition and each of their respective officers, directors, agents, representatives and employees, and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the Evaluation Process or Competition. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Submissions, communications, regardless of the method of transmission; (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of a Submission, Entry or other materials; (4) any injuries, losses or damages of any kind caused by the evaluation, qualification process, or from participation in the Competition; or (5) any printing, typographical, administrative or technological errors in any materials associated with the Evaluation process or Competition. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Evaluation process or Competition. Sponsor reserve the right, in its sole discretion, to cancel, modify or suspend the Competition should a virus, bug, computer problem, unauthorized intervention or other causes corrupt the administration, security, fairness or proper play of the Competition. If the Sponsor decides that there are an insufficient number of qualified Submissions suitable for Entry into the Competition Sponsor may cancel the Competition entirely. If the Sponsor decides that there are less than 10 qualified Submissions suitable for entry into the Competition or submission to the Industry Experts the Sponsor may select a lesser number of entries to Post for Voting and/or Judging to determine any number of Finalists and will post that change on the Competition Website. The Sponsor may prohibit any participant from further participating in the Evaluation process or qualifying for the Competition, if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Evaluation process or Competition by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or the Sponsor, the judges or their respective representative
and Sponsor reserves the right, in its sole discretion, to require a participant to submit to a confidential background check to confirm eligibility and to help ensure that the use of the participant in advertising and publicity for the Evaluation or Competition will not bring Sponsor, the Judges or anyone involved in the Evaluation or Competition into public disrepute, scandal or ridicule or reflect unfavorably on Sponsor, the Judges or anyone involved in the Evaluation or Competition. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement of any element of a Submission, Sponsor reserves the right to disqualify the Submission. The Sponsor shall not be responsible if the Evaluation process or Competition cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor’s control. If the Evaluation process is terminated for any reason, participants’ sole recourse is to receive a refund of the Evaluation Fee paid. Sponsor assumes no responsibility for the failure of third parties to adhere to these Terms and Conditions. By participating, participant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in a Submission which was previously known to Sponsor, or developed by their respective employees, or obtained from sources other than the participant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to participant or any Third Party Participants. Any and all legal actions or claims arising in connection with the Evaluation process and/or Competition must be brought in a court of competent jurisdiction within the United States and the terms, or any dispute, will be governed by the laws of the State of New York. Any and all disputes, claims, and causes of action arising out of or in connection with the Evaluation or Competition, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH MAKING A SUBMISSION OR ENTERING THE EVALUATION PROCESS AND/OR COMPETITION. BY PARTICIPATING, PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPETITION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVALUATION PROCESS OR COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Privacy: Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at http://www.moviehatch.com/privacy
