Terms And Conditions

Short Film Competition

Sponsor: the sponsor of the MovieHatch- Jackson Hole Film Festival Short Film Competition (“Competition”) is Temme III LLC (“Sponsor”).

Eligibility: You must (1) be at least 14 years of age at time of entry; (2) register at www.moviehatch.com ; and (3) agree to Terms and Conditions of Entry in the Competition in order to be eligible to enter the Competition. Employees of Sponsor and Jackson Hole Film Festival, together with the immediate family members and those living in the same household of such employees are not eligible to enter the Competition.

Award: The Finalists in each category in the Competition will have the opportunity to have his/her Entry screened at the 5th annual festival of The Jackson Hole Film Festival presently scheduled for June 5 – 9, 2008 in Jackson, Wyoming. The Finalist will also receive two complimentary “Filmmaker Passes” to attend events. That Screening Award is subject to Entrant agreeing to the standard Filmmaker Agreement provided by The Jackson Hole Film Festival and whatever other requirements The Jackson Hole Film Festival requires. No other accommodations or travel arrangements will be provided.

To Enter: Commencing at 12:00 AM Eastern Standard Time (“EST”) on February 29, 2008 and ending at 11:59 PM EST on May 15, 2008 (the “Entry Period”) visit http://www.moviehatch.com ; (the “Competition Website”) and follow the on-screen instructions which will require that you: (1) pay the submission/evaluation fee of $15 by credit or debit card for each Entry; (2) fill in the required information on the official entry form; (3) accept the Terms and Conditions of Entry and the Ownership Agreement; (4) upload your short film (“Entry(ies)”).  Incomplete, unreadable, or unintelligible Entries will be disqualified. An Entry can only be entered for the Competition by the rights owner. Sponsor reserves the right to disqualify an Entry in the event of any dispute over ownership.  Entrants may enter as many short films as they like but each must be submitted as a new Entry and will be evaluated separately. There are no refunds of submission fees. Entries will not be acknowledged or returned and become the property of the Sponsor.

Requirements for Entry:

• Your Entry must comply with the following and you represent and warrant that you own all right, title and interest in the short film submitted with your Entry.
• You must comply with the Terms and Conditions of Entry, the Competition Website, and the Entry Agreement.
• Entries cannot be offensive or contain any elements which are contrary to the interests of Sponsor, or the Jackson Hole Film Festival, as determined in the sole discretion of the Sponsor.
• Films entered in the Competition shall be no more than 10 minutes in length and will fulfill the technical entry requirements found at www.moviehatch.com/technical . Entries not meeting those requirements will not be eligible for inclusion in the Competition.
• Films can be submitted in their original language but to be eligible must have English subtitles.
• If the Entry is selected as a Finalist, entrant must immediately supply to The Jackson Film Festival at least two (2) B&W or color digital stills from the short film and at least one (1) digital photograph of the film’s director to be eligible to be screened at The Jackson Film Festival.

Ownership:  By entering you grant Sponsor and the Jackson Hole Film Festival the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use throughout the world your Entry 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 and The Jackson Hole Film Festival and their respective services, all without further consent from or payment to you or any third party. This will include the right to include advertising in conjunction therewith, including pre-rolls, post-rolls and overlay advertising. It is intended that Entries will be posted but Sponsor has no obligation to post any Entry which will be in Sponsor’s sole discretion.

Selection Process:

• Categories: There are three categories for evaluation: (1) animated short; (2) documentary short; and (3) live action short. An Entry must be submitted in only one category. By selecting a category you agree that the Entry will only be evaluated in that category.
• Posting: All Entries will be posted on the Competition Website. Submitting an Entry constitutes a waiver, on behalf of the Entrant and all third parties 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.

There Are Two Competitions That You Can Participate In – I. The Short Film Competition And, Using The Same Entry, Ii. The Feature Film Competition (Tbd).

I. Short Film Competition

Round 1 Evaluation

• Viewer Voting: Short film Entries will be posted on the Competition Website for viewing. From 12:00 PM EST on March 1, 2008 through 11:59 PM EST on May 15, 2008 (“Voting Period”) any Registered Voter will be able 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 evaluation criterion: (1) Structure/Composition; (2) Originality; (3) Direction/ Artistic Vision; (4) Performances; (5) Entertainment Value/Emotional Impact. Only one Registered Voter can vote per computer address. Registered Voters can rank all Entries but only one ranking per Registered Voter will be tallied for each Entry. The Entries with the top 5 highest ranking scores in each category, based on a weighted score determined by Sponsor will become semi-finalists and move onto Round 2 evaluation for the Short Film Competition.

Registered Voters will be subject to the Terms of Use of the Competition Website and voting will be subject to any ranking instructions posted on the Competition Website, including but not limited to, the following:  Rankings that do not comply with these Terms and Conditions or that result from fraud or collusion, may be disqualified in Sponsor’s sole discretion. If an Entrant is found to have engaged in any fraud or collusion, all of that Entries’ rankings will be disqualified. Sponsor reserves the right to void all rankings made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. If an Entrant is determined to be involved in such prohibited activity, all of its rankings shall be disqualified.

Short Film Competition

Round 2 Evaluation:

• The 5 semi-finalists in each category chosen in the Viewing Voter Ranking Round 1 selection process will be reviewed and evaluated by a panel of experts in the film industry to determine the Finalist based upon the following criterion: (1) Structure/Composition; (2)Originality; (3) Direction/ Artistic Vision; (4) Performances; (5) Entertainment Value/Emotional Impact. In the event of a tie in, the Tying Entries will again be reviewed and evaluated based on Originality and Entertainment/Emotional Impact. Three (3) Finalists, one in each category will be awarded a screening at the Jackson Hole Film Festival (“Screening”).

Feature Film Competition

Round 1 Evaluation

• To Enter: You can also choose to be evaluated, and if selected, compete in the Feature Film Competition to be announced (“Feature Film Competition”) without submitting a video pitch and without paying the submission fee for that competition. If selected, you will have the opportunity to be automatically eligible for Round 2 selection/evaluation process conducted by the panel of expert in that future competition. To be eligible for the Feature Film Pre-Evaluation, entrants must opt into being evaluated for that competition at the time of Entry into the Short Film Competition. Entrants must also agree that if entrant’s Entry is ranked by Registered Voters as one of the top 5 Entries in each category for the Feature Film Pre- Evaluation: (1) entrant will have a feature length screenplay or television pilot script available for evaluation upon the commencement of the entry period for the Feature Film Competition which is scheduled in May 2008, or later; (2) the screenplay for submission must be based upon the short film Entry with requires a substantially similar story line and/or the use of the same key characters, as determined in the sole discretion of the Sponsor; (3) the short film Entry will become the pitch video evaluated as part of the Feature Film Competition; and (4) if selected as the Finalist, the entrant will agree to having the screenplay or pilot script produced by Sponsor as per the terms and conditions of a Production Agreement provided by Sponsor.
• Viewer Voting: Registered Viewers will also be able to rank the Entries submitted subject to the same rules as the Short Film Competition to determine the top 5 semi-finalists in each category for the Feature Film Pre- Evaluation Entry Round. Entries will be evaluated as the video pitch for a feature length movie screenplay or television pilot script to be submitted in the Feature Film Competition. The Entries with the top 5 highest ranking scores in each category, based on a weighted score determined by Sponsor, will become semi-finalists and subject to the requirements of semi-finalists below, will be automatically submitted for evaluation by the expert judges in the Feature Film Competition.

Requirements of Semi-Finalists and Finalists for both Competitions: Potential semi-finalists for the Short Film Competition and the Feature Film Pre-Evaluation will be subject to verification and the requirements of the Terms and Conditions of Entry. Sponsor will notify semi-finalists by e-mail and/or phone on or about May 20, 2008 and semi-finalists will be required to physically execute their previously submitted Ownership Agreement representing and warranting that entrant owns all right and title to the Entry and indemnifying Sponsor for any violation of third party rights. If a potential semi-finalist does not respond to the notification phone call or email which will be sent to the email address on file for the potential finalists’ which will be sent three (3) times over a three (3) day period, or if said emails are undeliverable, or if potential semi-finalist does not return the executed documentation within three (3) days of the date of notification, or if an Entry is found to be ineligible, the potential semi-finalist will forfeit the opportunity to be included in the ranking or evaluation process and Sponsor will select the next runner-up as a semi-finalist. If an eligible potential semi-finalist is selected who is a minor (as defined under applicable state law where he or she resides), his or her parent or legal guardian must sign the documentation on his or her behalf.  In addition, the potential Finalist in the Short Film Competition must execute the standard Filmmaker Agreement provided by The Jackson Hole Film Festival and meet whatever other requirements The Jackson Hole Film Festival requires within 14 days of notification or an alternative semi-finalist will be selected as the Finalist  The potential Finalist in the Feature Film Competition which is to be determined but tentatively scheduled for April 2008 will be required to execute a Production Agreement with Sponsor as per the Terms and Conditions of that competition. By entering the Competition(s), unless prohibited by law, each Entrant grants to the Sponsoring Parties the right to use, display, distribute or publish such Entrant’s 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 Competition(s).

The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the submission, ranking or evaluation process, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that entrant has not complied with the Terms and Conditions of Entry or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Competition(s). The posting of an Entry does not guarantee eligibility, or advancement to the ranking or evaluation process. Entries cannot be offensive or contain any elements, which are contrary to the interests of the Sponsor or the Jackson Hole Film Festival, as determined in the sole discretion of the Sponsor.

General Conditions:  All decisions of the Sponsor are final in all aspects of the Competition(s). Competition(s) are void where prohibited or restricted by law. The Competition(s) will be governed by the internal laws of the State of New York, United States of America. By participating, Entrants agree to release the Sponsor, the Jackson Hole Film Festival, and their respective parents, subsidiaries and affiliated companies, units and divisions and advertising and promotional agencies 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 Competition(s). The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, 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 Entry or other materials; (4) any injuries, losses or damages of any kind caused by the evaluation, selection process or awarding of the Screening or from participation in the Competition(s); or (5) any printing, typographical, administrative or technological errors in any materials associated with the Competition(s). The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Competition(s), and reserves the right, in its sole discretion, to cancel, modify or suspend the Competition(s) should a virus, bug, computer problem, unauthorized intervention or other causes corrupt the administration, security, fairness or proper play of the Competition(s). The Sponsor may prohibit any Entrant from participating in the Competition(s) or being awarded the Screening or advancing automatically for evaluation in the Feature Film Competition, if, in its sole discretion, it determines an Entrant is attempting to undermine the legitimate operation of the Competition(s) 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 Jackson Hole Film Festival or their respective representatives. The Sponsor shall not be responsible if the Competition(s) cannot be implemented or if the Screening cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, The Jackson Hole Film Festivals refusal to provide the Screening for any reason outside of the Sponsor’s control. Any and all legal actions or claims arising in connection with the Competition(s) must be brought in a court of competent jurisdiction within the United States. Any and all disputes, claims, and causes of action arising out of or in connection with the Competition(s), 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 ENTERING THE COMPETITION(S). ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, 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 COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE COMPETITION. SHOULD SUCH AN ATTEMPT BE MADE, THE 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/jackson/privacy

© 2008 Temme III, LLC

By submitting your Entry, you are responsible for the short film submitted with this Entry (“Film”) and by submitting said Film to the MovieHatch – Jackson Hole Film Festival Short Film Competition you hereby represent, warrant and agree to the following:

1. Your Film is not currently subject to, and will not in the future become subject to, any distribution agreement or other obligation that would prevent it from being exhibited by The Jackson Hole Film Festival (“JHFF”) provided that it is selected as the Finalist.
2. You have the full right and power to make and perform this Agreement without the consent of any third party (or, if the consent of other parties is required, all of them have given you prior written approval prior to submission as an Entry); the Film does not violate any copyright, trademark or other intellectual property right of any person or entity, and will not constitute a libel or slander of any person or entity or defame or disparage any person or entity or infringe upon or violate the rights of privacy, reputation, publicity, intellectual property and/or any other rights of any kind or nature of any person or entity.
3. The Film is not the subject of litigation or any claim that might give rise to litigation.
4. You will defend and hold Temme III, LLC and the JHFF, and their respective parents, subsidiaries and affiliated companies, units and divisions and advertising and promotional agencies 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") harmless, from any and all actions, claims, injury, loss or damage, including without limitation reasonable attorneys fees (collectively, “Claims”) arising in any manner, directly or indirectly, from or in connection with any breach of any representations, warranties or agreements contained herein.
5. You have read and understood and will comply with the Terms and Conditions Entry and if selected as a Finalist you understand and agree that as a condition to your Film being screened at The Jackson Hole Film Festival (“Screening”), you will be required to sign a Filmmaker Agreement with the JHFF and will have to comply with the JHFF rule and regulations. The Screening will be at the sole discretion of the JHFF.
6. You understand that if selected as a Finalist you will not receive airline or hotel accommodations for yourself, talent, production crew, or any other parties.
7. You acknowledge and agree that in the event of any breach by you of this Ownership Agreement, the harm to Temme III, LLC and/or the JHFF would not be adequately compensated for in damages and, therefore, in the event of any such breach, Sponsor and/or the JHFF shall have the right to equitable relief byway of injunction or otherwise; provided, however, that resorting to such relief shall not be construed as a waiver of any other rights or remedies the Sponsor and/or the JHFF may have for damages.