TVCortos, The Short Movie Channel will present the best in Latin American Spanish language short film to the Los Angles audience.
Entries shall only include Spanish Language “narrative” live action short films with a Total Running Time of 40 minutes or less and the film’s final form is High Definition.
ShortsTV, The Short Movie Channel will award prizes totaling $2,500 to short films chosen in this year’s Best of Latin America Short Film Festival. The top five films will receive a screening in Los Angeles, CA for seven days and gain Academy Award Qualification status. Every film entered will be considered for a television broadcast deal (filmmakers do not have to accept).
SHORTS ENTERTAINMENT NETWORKS INC (“SEN”)
2716 Ocean Park Blvd. Suite #1091
Santa Monica CA 90405
On behalf Shorts International Limited (“SIL”), 6-8 Luke Street, London EC2A 4XY, the owner and operator of the television networks known as ShortsHD and ShortsTV.
2. THE COMPETITION
The Competition is brought to you by the Organizers. The Competition is open to all filmmakers of a completed film that is in the Spanish language. The top five (5) Films will be exhibited in a special screening Los Angeles.
The Competition is open to individuals (not companies) who have directed or produced a film in the Spanish Language. You must be 18 years old or older at the time of submission to enter. The following are not eligible: employees, contractors, directors and officers of, SEN or SIL or any of either party’s parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and agencies involved in the administration, development, fulfillment and execution of this Competition and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Competition). By participating in the Competition, you agree that: (1) you have read and understand these Rules and Regulations; (2) you meet the Eligibility requirements as explained in these Rules and Regulations; (3) you unconditionally accept and agree to comply with and abide by these Rules and Regulations and the decisions of SEN, whose decisions shall be final and binding in all respects.
4. HOW TO ENTER
To register for the Competition, follow the instructions found in the “Submissions Form Area” on the website. Standard registration is required, but there is no entry fee or purchase required. Entrants will be prompted to provide information as well as agree to the Rules and Regulations before they can proceed with entry to the Competition. You must provide all of the information requested on the contest entry form. By registering, you warrant that the data submitted are truthful and accurate and do not harm the interest and right of any third party. Incomplete entries or entries that do not fully comply with these Rules and Regulations, in the sole discretion of SEN, will not be eligible.
4. ENTRY PERIOD
The Competition entry period (“Entry Period”) will start on 1st October at 12:00:00 noon (PST) and proceed until 30th April 2019 at 12:00:00 noon (PST).
5. TERMS OF SUBMISSION
By submitting an entry into this Competition, each Entrant warrants and represents that the entrant owns all rights to the entry he/she is entering in this film, including, without limitation, the video or digital audio-visual recording, and the performances contained in each entry. Each entrant further warrants and represents that the entrant has obtained permission from each person who appears in the entry to grant the rights to the Organizers described in these Rules and Regulations, and will submit copies of such permissions to the the Organizers upon request. By submitting an entry, the entrant agrees to the Rules and Regulations, and further agrees to indemnify and hold the Organizers, their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “SEN-SIL Indemnities"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the SEN-SIL Indemnities due to or arising out of the entrant's entry materials in this Competition, the submitted film, or the entrant's conduct during and in connection with this Competition, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. The entrant agrees to release, indemnify and hold harmless the SEN-SIL Indemnities from any and all third party claims in relation to their use of the entrant’s entry as permitted hereunder.
6. SELECTION OF WINNER
After the close of the Entry Period, all eligible entries will be judged and the five (5) finalists will be selected.
a. TVCortos will award prizes of $2,500 to the entrant of the winners film (the “Winner”).
c. The five (5) finalists will also win a ShortsTV broadcast deal in respect of their films.
d. The winning film may be screened prior to or together with other short and/or feature length films, in the sole discretion of the Organizers. The films awarded ShortsTV broadcast deals may be broadcast on ShortsHD on any day and during any day part, in the sole discretion of SEN/SIL. Prizes may incur a tax liability and Winner(s) are advised to seek their own financial advice prior to accepting the prize. The Organizers will furnish an Internal Revenue Service Form 1099 to prize winners for the actual retail value of the prize for the tax year in which the prize was accepted. Prize winners are responsible for all federal, state, and local taxes (including income and withholding taxes) and all other costs associated with the prize acceptance and use. Prize money is expressed as a gross figure. The Organizers may be required to deduct any withholding tax from this amount, depending on the tax residency of the recipient. All expenses including, without limitation, taxes and incidental expenses not specifically mentioned in these Rules and Regulations (including without limitation, in the case of the Winner, transportation in Washington and between Winner’s home and train station or airport, incidental charges, meals and gratuities) shall be the responsibility of the recipient of the prize.
e. Prizes must be taken as offered. The Winner must have all necessary identification and/or travel documents (e.g. a valid Passport or Identification card, etc.) required for travel. Travel dates windows will be selected by SEN in its sole discretion. Travel blackout dates may apply. Exact travel arrangements are subject to availability at the time of inquiry and are subject to change. The Winner must agree to departure and return dates as specified by SEN or prize will be forfeited. Travel arrangements will be determined by SEN. The Organizers are not responsible for and assume no liability for cancellation or unavailability of specific flights or hotels. Winner and guest must travel on the same itinerary. Travel companion must be eighteen (18) or older unless the Winner is his or her parent or lawful guardian. Winner and Winner’s travel companion must complete and sign a travel release prior to ticketing. Once travel is booked, no changes or cancellations will be accepted. Other restrictions may apply. The prizes cannot be redeemed for cash value, cannot be used in conjunction with any other promotion and cannot be transferred. No substitution or transfer of prizes is permitted.
f. Potential prize winners will be notified by the Organizers by email or phone. No potential prize winners are official winners unless the Organizers confirm such. Potential prize winners will be notified via email or phone. The Organizers will make three (3) attempts, to contact the potential prize winner via such method(s). Potential prize winner will have three (3) calendar days from the time of the first notification attempt to respond to the Organizers or the Organizers may disqualify that person and notify an alternate potential winner. The alternative potential winner will be notified in the same manner as stated above.
g. The potential winner will be required to submit an Affidavit of Eligibility / Release of Liability / Publicity Release / Prize Acceptance Form (collectively, the "Affidavit"). The Affidavit must be signed and returned to SEN. In addition, [Runner-Up] prize winners must complete the standard TVCortos broadcast deal in order to receive the ShortsHD broadcast deal prize. Non-compliance may result in disqualification and award of the prize to an alternate winner. If any potential winner is found to be ineligible, or if he/she has not complied with these Rules and Regulations or declines the prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected as described above. Winners agree that their online name, first and last name or any part thereof, photographs or videos of them, and their city/town/village of residency uploaded when entering the Competition, may be used to announce the winner and for publication, advertising and promotional purposes. Entrants hereby waive, release, and agree to hold the Organizers harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or other claims for any use of their entries or information about them.
8. LIMITATIONS OF LIABILITY AND RELEASE
No liability or responsibility is assumed by the Organizers resulting from any user's participation in, or attempt to participate in, the Competition or Competition related activity, or ability or inability to upload or download any information in connection with participating in the Competition; technical problems or technical malfunction arising in connection with hardware or software errors, faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems, errors or limitations of any Internet service providers, servers, hosts or providers, garbled, jumbled or faulty data transmissions, failure of any e-mail transmissions to be sent or received, lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Competition, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the submission, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Competition. The Organizers are not responsible for any typographical errors in the announcement of prizes or these Rules and Regulations, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site is at the user's own risk. The Organizers are not responsible for any personal injury or property damage or losses of any kind, which may be sustained, to user's or any other person's computer equipment resulting from participation in the Competition, use of the Web Site or the download of any information from the Web Site. By participating in the Competition, the entrant agrees to release, indemnify and hold the Organizers harmless from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Competition or Competition related activity, including, without limitation, acceptance, receipt, possession and/or use or misuse of a prize.
THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER OTHER DAMAGES OF ANY KIND AND NATURE, INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
9. SUBMISSION SPECIFICATIONS
• The film may be submitted via postal (mail) service (e.g. U.S. Mail, UPS, FedEx, etc.) or WeTransfer, using the destination email address given on the Competition website page, in one of the following video formats: .AVI, .MOV (QuickTime multimedia), MP4 (H.264), MPEG, MPG (MPEG-1 and MPEG-2), QT (QuickTime) or WMV (Windows Media Video); format and cannot be larger than [200MB] compressed.
• If your film is selected, you will be required to provide us with a copy of your film in one of the following formats:
• Apple ProRes 422 HQ or Uncompressed. (NOT ACCEPTED: Apple Pro Res H264)
• VBR expected at or more than 220 Mbps
• 1920 x 1080square pixel aspect ratio material
• Native frame rate of original source:
• 24 or 25 progressive frames per second
• 23.976 progressive frames for inverse telecine sourced from film
• Telecine materials will not be accepted
• HD source may be delivered matted: letterbox or pillarbox.
• If the film was originally shot on video or includes mixed frame rate sequences, please deliver one HD master file exported using the aspect ratio and the frame rate of your master-editing project.
• clearance paperwork for your film in forms acceptable to us in order to be considered for any prize. In addition, a script and still images of the short must be submitted.
• The film must be in English or must have English subtitles.
• The finished film must be a minimum of two (2) minutes in duration, and a maximum of forty (40) minutes in duration—including credits.
• Animation and special effects are permitted (Stock footage as part of a special effect in a third party special effects program is permissible).
• Still photographs are permitted, provided that the entrant has the rights to them.
• Song parodies (i.e., use of identifiable pre-existing compositions with new or altered lyrics or music) may not be included in the film without a signed release from the composition’s rights holder. This rule applies without regard to whether the song parody arguably constitutes "fair use" under US or international copyright laws.
• There is no limit of entries per person. Each entry must be substantially different from any other entry submitted by one given entrant.
10. FILM ELIGIBILITY
To be eligible for the Competition, entries must be the original work of the entrant; must not infringe third-party's rights; must not feature the names, likenesses, or voices, identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without their permission; must be suitable for publication; must not contain obscene or pornographic material; must not contain defamatory or libelous statements about any person, company, organization or entity; must not endorse any form of hate or hate group; must not invade privacy or other rights of any person, company or entity; must not endorse or promote any product or service; must not in any other way violate applicable laws and regulations; must not contain any copyrighted elements (other than as owned or licensed by the entrant). Entries containing prohibited or inappropriate content as determined by the Organizers in their sole discretion, to be inappropriate will be disqualified. The Organizers reserve the right to make the final determination as to which entries are eligible. Submissions must follow all rules herein. The Organizers reserve the right to screen only properly submitted films to the Competition and may, at their sole discretion, disqualify entries deemed to be inappropriate or otherwise non-compliant.
By submitting your film, you represent and warrant that you have obtained all necessary licenses, clearances, permissions and consents from all applicable third parties as may be required for the full and unlimited exercise and enjoyment by the Organizers of all of the rights granted and purported to be granted to the Organizers herein. The Organizers will, enjoy such rights without any hindrance on the part of any person or entity whatsoever, subject always to the terms of these Rules and Regulations. You will be solely responsible for paying any and all compensation due to any and all third parties in connection with the film. In no event will the Organizers be responsible for payment of any amounts to any person or entity in connection with the uses of the film pursuant to these Rules and Regulations. Upon the Organizers’ request, you will supply to the Organizers, copies of all licenses, clearances, music cue sheets, permissions and consents described above or required in connection with the representations made in this paragraph. Without limiting the generality of the foregoing, all music contained in or synchronized with the film was either (a) composed as a "work made for hire" for you or (b) licensed from the appropriate third parties or (c) in the public domain. Neither the film, nor the exercise of any right, license or privilege herein granted to the Organizers will violate, conflict with or infringe upon the rights of any person or entity, including, without limitation, any rights relating to copyright, neighboring or related rights trademark, contract, rights of publicity, rights of privacy, unfair competition or any other personal or property right. There are no liens, claims, encumbrances, legal proceedings, restrictions, agreements or understandings which might conflict or interfere with, limit or be inconsistent with or otherwise affect any of the provisions of these Rules and Regulations or the enjoyment by the Organizers of any rights granted or purported to be granted to the Organizers hereunder. Without limiting the generality of the foregoing, all obligations with respect to the film and the production, distribution and exploitation thereof, including, but not limited to salaries, royalties, license fees, service charges, residuals, laboratory charges, fees and costs associated with the use of music have been or will be fully paid by you and the Organizers will have no responsibility therefor. The Organizers shall not have any obligation for past, current or future salaries, royalties, residuals, deferments, license fees, service charges laboratory charges or similar payments incurred by you. All fees, payments, costs and charges associated with the production, distribution, sale, use or other exploitation of the film, including without limitation, all fees, payments, costs or charges or payments payable to any producer, director, writer, actor, composer, musician or any other person who performed services or furnished material in connection with the film, or to any guild, union, performing rights society, publisher or owner of master recordings by reason of the exercise by the Organizers of any of the rights granted to it hereunder shall be paid by you and shall under no circumstances be the responsibility of the Organizers. In the production of the film, all laws, statutes, ordinances, rules and regulations of each country, state, city or other governmental entity having jurisdiction have been or shall be complied with, as well as the rules regulations and requirements of any union or guild having jurisdiction thereof. The film, as submitted, will contain all proper copyright notices required or permitted under the applicable United States Copyright Act and the Berne Convention. All persons and entities connected with the production of the film or whose names, voices, photographs, likenesses, performances, services, materials and/or biographical data have been used in the film have authorized the use of their names, voices, photographs, likenesses, performances, services, materials and biographical data in connection with the film and the distribution, sale, advertising, marketing, promotion and exploitation of the film.
12. OTHER CONDITIONS
The Organizers reserve the right in its sole discretion to cancel or suspend this Competition, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt the administration, security, fairness, integrity or proper play of the Competition, or any part of it. SEN-HFF Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition, by any technical or human errors which may occur in the transmission or processing of the entries in the Competition. In the event of termination or cancellation, the Organizers reserves the right to award the prize from among all eligible, non-suspect, entries received prior to the date of the termination or cancellation using the judging criteria outlined above, at the sole discretion of the Organizers. The Organizers reserve the right at their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or Website, or to be acting in an unsportsmanlike or disruptive manner or in violation of these Rules and Regulations. SEN-HFF Parties are not responsible for entries that are late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, garbled, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Rules and Regulations, and all such submission/entries will be void. The Organizers reserve the right at their sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Competition; or to be acting in any manner deemed by the Organizers to be in violation of the Rules and Regulations; or to be acting in any manner deemed by the Organizers to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZERS OR THEIR AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. GRANT OF RIGHTS
By submitting your film to the Competition, you thereby grant to the Organizers and their respective designees a 4-month (starting on the day of the film submission) non-exclusive, worldwide, royalty-free, sub-licensable, irrevocable right to make use of the film and any person's property (physical and personal and indicia) contained therein, in any media such as the internet, social media, film and movie theaters, public screenings, without any payment or other consideration of any kind, or permission or notification, to you or any third party. The Organizers reserve all rights, on a non-exclusive basis, including without limitation, the right to reproduce, record, alter, amend, edit, including to add subtitles or to dub, publish, publicly perform, use, and stream the film in connection with and in any and all media such as the internet, social media, film and movie theaters, public screenings, for no additional consideration. Without limiting the foregoing, the Organizers shall have the right to use the film in any marketing and/or promotion or the Organizers and their respective goods and services. You irrevocably waive the use of all so-called moral rights such as the right of of acknowledgement or the right of integrity of the work. All other rights in and to your film are retained by you.
The Winner and [Runners-Up] grant to the Organizers and their respective designees a 3-year (starting on the day of the film’s submission) nonexclusive, worldwide, royalty-free, sub-licensable, irrevocable right to make use of the film and any person's property (physical and personal and indicia) contained therein, in any media such as the internet, social media, film and movie theaters, public screenings, video-on-demand, cable or satellite broadcast, television broadcasts, delayed viewing, without any payment (except for the ShortsHD broadcast fee payment) or other consideration of any kind, or permission or notification, to you or any third party. The Organizers reserve all rights, on a non-exclusive basis, including without limitation, the right to reproduce, record, alter, amend, edit, including to add subtitles or to dub, publish, publicly perform, use, broadcast and stream the film in connection with and in any and all media such as the internet, social media, film and movie theaters, public screenings, video-on-demand, cable or satellite broadcast, television broadcasts, delayed viewing for no additional consideration. Without limiting the foregoing, the Organizers shall have the right to use the film in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose, including, without limitation, the promotion and/or marketing of ShortsHD, HHF, the Organizers and their respective goods and services. You irrevocably relinquish the use of all so-called moral rights such as the right of acknowledgement or the right of integrity of the work. All other rights in and to your short film are retained by you. You acknowledge and agree that you do not have and shall not acquire directly or indirectly through your participation in this Competition by any means and in any manner any rights including any property rights or intellectual property rights with respect to ShortsHD, or any of the Organizers’ rights.
14. FURTHER DOCUMENTATION
If the Organizers require additional assignments or certificates of engagement for the entry or other documents, releases, and Affidavit as the Organizers may reasonably require in order to effectuate the purposes and intents of these Rules and Regulations, then each entrant agrees to sign the same upon the Organizers’ request thereof to remain eligible for the prize(s). The Organizers may require that the Winner [and Runners-Up} complete[s] a W-8BEN form for tax reporting.
The invalidity or un-enforceability of any provision of these Rules and Regulations will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules and Regulations is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. SEN’s, or any of its affiliates’, failure to enforce any term of these Rules and Regulations will not constitute a waiver of that provision.
17. WINNER LIST
A complete list of Winner(s) or a copy of these Rules and Regulations will be provided to anyone that requests such information, by providing SEN with a self-addressed stamped envelope to the attention of TVCortos.
These Rules and Regulations and the Competition are governed by Californian law. Any disputes arising between the Organizers (or any of their affiliates) and any third party in relation to these Rules and Regulations and/or the Competition shall be subject to the exclusive jurisdiction of the courts of California.