The Ida B. Wells Fund: Disrupting the Master Narrative honors the legacy of a trailblazing American investigative journalist who not only chronicled the horrific violence of lynching against African-Americans in the 19th and 20th centuries but debunked the narratives that fueled the violence.
In our commitment to artistic risk and experimentation, and in the spirit of optimal health, well-being, and equity for people, community, and the planet, Chromatic Black is proud to invite submissions for the 2nd Annual Ida B. Wells Disrupting the Master Narrative Fund. Five applicants will be selected to receive investments of $15,000 each to produce a short film running between 9 and 18 minutes.
We are looking for projects that "disrupt the master narrative," and are seeking artists who aim to produce work that embodies the following attributes:
COMMITMENT: Creative processes and products embody conviction to the cause espoused through the work.
COMMUNAL MEANING: The creative work facilitates collective meaning that transcends individual perspective and experience.
DISRUPTION: Art challenges what is by exposing what has been hidden, posing new ways of being, and modeling new forms of action.
CULTURAL INTEGRITY: The creative work demonstrates integrity and ethical use of material with specific cultural origins and context.
EMOTIONAL EXPERIENCE: The creative work facilitates a productive movement between “heart space” - the emotional experience that art evokes - and the “headspace” of civic or social issues.
RISK-TAKING: The creative work assumes risk by subverting dominant norms, values, narratives, standards, or aesthetics.
COHERENCE: Strong ideas expressed with clarity advance both artistic and social purposes.
OPENNESS: The creative work deepens impact by remaining open, fluid, transparent, subject to the influence, and able to hold contradiction.
STICKINESS: The creative work achieves sustained resonance, impact, or value.
RESOURCEFULNESS: Imaginative use of available resources drives artistic innovation and demonstrates responsible social and environmental practice.
IDA B. WELLS FUND "DISRUPTING THE MASTER NARRATIVE" INVESTMENT - Five applicants will be selected to receive an investment of $15,000 each to support an original short film that explores the theme "disrupting the master narrative."
PLEASE NOTE: THIS FUND IS FOR CREATING AN ORIGINAL NEW SHORT FILM ONLY. Applications are due OCTOBER 28, 2022 by 11:59 PM EST.
Applicants must be:
* At least 21 years old upon submission of their application.
* A working artist with at least two years of professional experience.
* A U.S. Citizen, permanent legal resident, or an O-1 Visa holder.
Applicants cannot be:
* An institution. If you are an artist who is a principal in a 501(c)3 organization, you should apply as an individual artist. If you are selected for funding, the award may be made payable to you through your organization. Additionally, we are not able to provide funding to LLC or S Corp organizations.
* Seeking finishing funds for a partially-funded, in-progress project. Projects selected by the Ida B. Wells Fund are intended to be new and original works that are fully financed through investments from the Fund.
Applicants must submit:
* A headshot.
* A current CV/Resume.
* A completed submissions form.
* A logline & 1-2 paragraph synopsis.
* A 2-4 minute pitch video.
* A mood reel that is 2-5 minutes in length and intangibly presents an emotional background or gives the audience a feeling about the story.
* Only one (1) video or film work sample that should be reflective of your practice and the highest quality of your work. Beyond that, they should illustrate your ability to execute the proposed Project. The sample must be from a fiction, non-fiction, experimental, or animated film/video short or feature, either in English or with English subtitles.
* A production schedule (which should be approximately 90 days, inclusive of pre-production and post-production).
* A treatment (non-scripted/non-fiction) or a script.
* At least one (1) and up to three (3) professional references.
* A full draft of the budget for the Project, not to exceed $15,000.
* A signed submission agreement:
* A signed production agreement:
SELECTION PROCESS AND NOTIFICATION
Applicants will be reviewed by Chromatic Black staff and a panel of assigned screeners on a rolling basis between the opening of submissions on July 16, 2022 and the close of submissions on October 28, 2022. After submissions have closed, a pool of around 25-50 finalists will be chosen and contacted on November 7 by the Ida B. Wells Fund, and assigned to a jury. Finalists will be given 48 hrs to respond. If, for whatever reason, a finalist is unable, unwilling, or ineligible to participate, a backup finalist will be identified and assigned in their place. The jury will then choose five winners, who will be notified of their selection on November 17 by the Ida B. Wells Fund and Film Freeway. Winners will be given 48 hrs to respond. If, for whatever reason, a notified winner is unable, unwilling, or ineligible to participate, a backup winner will be identified and assigned in their place.
TERMS AND CONDITIONS
Upon their selection by the Ida B. Wells Fund, winning projects will be expected to deliver a finished project by February 28, 2022 in accordance with delivery specs provided by Chromatic Black, organizer of the Ida B. Wells Fund. Finished films should run between 9 minutes and 18 minutes in length. Commencing on the date the project is selected as a winner, a Development Period of three years will begin during which Chromatic Black shall reserve the exclusive right to develop and exploit the project in conjunction with the filmmaker. Further details on the development, exploitation, and renumeration can be found in the Production Agreement.
LINK TO PDF OF FULL RULES:
This Program may only be applied to within the United States and its territories and applications originating from any other jurisdiction are not eligible. This Program is governed exclusively by the laws of the United States. You are not authorized to participate in the Program if you are not located within the United States or its territories. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. How to Enter. The Ida B. Wells Disrupting the Master Narrative Fund Program (“Program”) is a short film competition for the production of original short film(s), with a run time of approximately 9-18 minutes in length and relevant ancillary materials. To apply for the Program, during the Program Entry Period (defined below), eligible applicants (each a “Producer”) must go to http://idabwellsfund.com/ (“Site”) and register for the Program, read these Terms and Conditions, and go to the Film Freeway website, located at https://filmfreeway.com/CHROMATICBLACK, to submit their submission packet (“Submission Packet”) in accordance with these Terms and Conditions. Winners will receive an investment of $15,000 (the “Fund”) to support original new work in all disciplines and traditions of the visual arts for video and filmmaking projects (each a “Project’) exploring the theme "disrupting the master narrative". The Submission Packet must be submitted to Sponsor through Film Freeway in accordance with these Terms and Conditions before 11:59:59 PM Eastern Time on October 28, 2022.
To complete the Submission Packet, Producers must submit the following to the Film Freeway website, located at https://filmfreeway.com/CHROMATICBLACK:
* Completed Questionnaire /Answers to Application questions.
* A current CV/Resume and Headshot
* Log Line & 1-2 Paragraph (Max) Synopsis for Project
* A full draft of the budget for the Project, not to exceed the sum of $15,000, including all insurance, production costs and contingencies (the “Budget”);
* A Production Schedule (which should be approximately 90 days, inclusive of pre-production and post-production) for the Project
* A 2-4 minute pitch video (“Pitch”)
* A mood reel
* One (1) Video or Film Work Sample. Work Samples should be reflective of your practice and the highest quality of your work. Beyond that, they should illustrate your ability to execute the proposed Project. The sample must be from a fiction, non-fiction, experimental, or animated film/video short or feature, either in English or with English subtitles.
* Treatment (non-scripted/non-fiction) or a script.
* At least one (1) and up to three (3) professional references. Applicant’s professional reference should be someone who can provide a knowledgeable evaluation of how applicant’s creative practice might benefit from receiving support from CHROMATIC BLACK. This is meant to be a professional reference, not a personal character reference.
* A fully executed Production Agreement; and
* A fully executed Submission Agreement
Work Samples shall adhere to the following requirements as determined by Sponsor in its sole discretion:
* Include details about the work (title and year it was completed).
* Include description (100 words or less) that provides the following: Contextual information about the Work Sample that helps judges better understand what they are seeing/hearing/reading.
* Include rationale for including this particular Work Sample.
* Work Samples should be uploaded to YouTube or Vimeo. They must be video. Applicants must provide a link to their Video Sample on YouTube or Vimeo when they submit your Submission Packet.
* Each Work Sample should be no longer than three (3) minutes in length or Work Sample may be subject to disqualification. If you link to a longer Work Sample, you must provide a timestamp where judges should begin and end watching/listening (ex. “Start at 11:11:11 and End at 12:12:12”). Please note that if you do not provide this timestamp, judges will be instructed to view only the first three (3) minutes of the Work Sample.
Visual Samples shall adhere to the following requirements, as determined by Sponsor in its sole discretion:
* Visual Samples should be uploaded as single file images at least 72 dpi with a file size of 25MB or smaller.
* Files can be uploaded in any of the following formats: pdf, jpg, gif, png or mov.
* PDFs should not contain more than one image, or be a compilation of more than one work sample.
Collaborator Submission Packets: Sponsor allows between two (2) to five (5) collaborators on each Project to submit a Collaborator Submission as a team (“Team”). “Collaborator” or “collective member” is someone who is a co-owner of the Project and generative part of the Team. All “co-owners” / Team members (each a “Team Member”) must be designated on the initial Submission Packet. *Keep in mind that all information and Team Members must be agreed upon collectively and submitted through the Submission Packet. No changes to collaborations may be made after the Submission Packet has been submitted. If a Submission is submitted as a Collaborator Submission, all Team Members must designate one collaborator as the point of contact who will be the team leader (“Team Leader”). The Team Leader must have the permission and consent of all collaborators to act in the role as Team Leader and have authority to agree to these Terms and Conditions on behalf of all collaborators. If in the event a Collaborator Submission is selected as a winner, the Fund will be distributed to the Team Leader who will be fully responsible for distribution of the Fund to the Team. Once such Fund is distributed to the Team Leader, the Team Leader assumes full responsibility for the Fund and Sponsor will not in any way be responsible for the distribution of the Fund to the Team or any collaborators.
Limit one (1) Submission Packet per person/per email address. However, writers and directors are permitted to submit one Submission Packet on their own and one as part of Collaborator Submission in accordance with these Terms and Conditions.
All Applications, Work Samples, Pitches and all information and materials submitted in connection with the Submission Packet and this Program will be referred to herein as the “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Program in the event an insufficient number of Submissions are received that meet the minimum judging criteria.
By submitting a Submission, each Producer warrants and represents the following with respect to the Submission: (i) Producer has the full right and authority to apply for this Program and to grant the rights granted hereunder in accordance with these Terms and Conditions; (ii) it is not necessary for Sponsor to obtain the consent or permission of, or to pay any amounts to, any person, corporation or other entity in order to fully enjoy the rights granted hereunder; (iii) Sponsor’s exercise of the rights granted hereunder will not violate or infringe upon the trademark, tradename, copyright or artistic and/or other rights of any third parties; and (iv) Producer will indemnify and hold harmless the Released Entities (defined herein) from any and all claims, demands, suits, losses, costs, expenses (including reasonable counsel fees), damages or recoveries which may be obtained against, imposed upon or suffered by the Released Entities by reason of Producer’s breach of any of the representations, warranties or agreements contained herein.
All Producers must have a valid email address. No automated entry devices and/or programs permitted. All Submissions become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Submissions , which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Submissions are eligible. Proof of Submission will not be deemed to be proof of receipt by Sponsor.
2. Program Entry Period. Program entry begins at 9:00:00 am Eastern Time on July 16, 2022 and ends at 11:59:59 PM Eastern Time on October 28, 2022 (“Program Entry Period”).
3. Eligibility. Participation open only to legal residents of the United States and its territories who are least 21 years of age and are independent filmmakers (i.e., directors, writers, and producers) with at least five (5) years of experience in the industry, as determined by Sponsor in its sole discretion. Producers can apply for the Program but they must a have a director/writer attached to the Project. Void outside of the United States and its territories, and where prohibited, taxed or restricted by law. Employees, officers and directors of Chromatic Black, Inc. (“Sponsor”), Dry Powder Works and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Program materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Program if you are not located within the United States or its territories. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering, each Producer agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify a Producer if it believes, in its sole discretion, that the Producer’s Submission fails to conform to the Guidelines and Restrictions.
* The Submission must be primarily in English or include English sub-titles.
* The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
* The Submission must not in any disparage Sponsor or any other person or party;
* The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
* The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
* The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
Each Producer acknowledges that other Producers may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Producer’s Submission. Each Producer understands and agrees that he/she shall not have any claim against any other Producer or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Each Producer further understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission (including, but not limited to, the Pitch) or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Producer, nor will it entitle Producer to any compensation of any kind. Each Producer agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without any obligation toward the Producer, including, but not limited to, if Sponsor has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by Producer, or were or may hereafter be independently created by or submitted to Sponsor.
Sponsor’s decisions are final and binding in all matters relating to this Program, including, but not limited to, interpretation and application of these Terms and Conditions. By applying for the Program, Producers fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the judges, which will be final and binding in all matters relating to the Program.
5. License to Submissions. Providing a Submission constitutes Producer’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, any and all Sponsor websites and social media sites, for any purpose whatsoever, including for promotional or marketing purposes.
6. Finalist Judging Panel/Judging Criteria. On or about October 28, 2022, all eligible Submissions will be judged by Sponsor based on the following equally-weighted judging criteria (“Judging Criteria”):
* Communal Meaning
* Cultural Integrity
* Emotional Experience
* Sensory Experience
The top twenty-five (25) to fifty (50) Submissions based on the Judging Criteria will be deemed “Finalists” (subject to confirmation and acceptance in accordance with Section 7 below) and will be eligible to participate in the Finalist Round (defined below).
7. Finalist Round. Potential Finalists will be notified by email and/or mail on or about November 7, 2022, and each Finalist must provide notice to Sponsor that Finalist accepts or rejects competing in the Finalist Round (if the potential Finalist elects to accept competing in the Finalist Round, such notice shall be deemed a “Notice”). If a Finalist cannot be contacted or does not provide such Notice to Sponsor within two (2) business days of Sponsor’s notification thereof, Sponsor reserves the right to choose replacement Finalists(s) without any further obligation to potential Finalist(s). Sponsor shall retain all discretion and control with regard to the selection of Finalists and the Program, and Sponsor’s decision on such matters shall be final in all respects.
8. Finalist Judging Panel/Judging Criteria. On or about November 9, 2022, all eligible Finalist Submissions will be judged by Sponsor based on the Judging Criteria listed above. The top five (5) Submissions based on the Judging Criteria will be deemed the “Winners” (subject to confirmation and acceptance of the Fund in accordance with Section 9 below).
9. The Fund. Each Winner will receive a payment of Fifteen Thousand US Dollars (USD $15,000) (“Fund”) to be used to develop the Project. The Fund will be distributed to each Winner in multiple stages, which are conditioned on the Winner providing Sponsor with certain deliverables and meeting certain milestones and timelines in connection with the Project. As a condition of receiving the Fund, Winner must agree to produce and deliver a film consistent with the Submission Packet description (i.e., the Project). The Funds are non-transferable and non-substitutable by Winner. In the case of unavailability, Sponsor reserves the right to substitute a reward of equal or greater value. All unspecified expenses are the responsibility of Winners. The Winners will be responsible for any and all taxes due in connection with their receipt of the Fund. Winners understand and agree that Sponsor will have the right to distribute the Project exclusively for a period of three (3) years, as set forth in the Production Agreement. If Producer is selected as a Winner, the terms of the Production Agreement shall continue in full force and effect.
FOR SAKE OF CLARITY, RECEIPT OF THE FUND IS CONDITIONED ON POTENTIAL WINNER ENTERING INTO THE PRODUCTION AGREEMENT AND PRODUCING AND DELIVERING THE PROJECT AND ANY REQUIRED DELIVERABLES WITHIN ANY TIMELINES PROVIDED BY SPONSOR. IF WINNER DOES NOT ENTER INTO THE PRODUCTION AGREEMENT OR PRODUCE AND DELIVER THE PROJECT AND THE REQUIRED DELIVERABLES, SPONSOR IS UNDER NO OBLIGATION TO AWARD THE FUND TO WINNER.
The Fund shall be used only to cover the production and development costs of making and delivering the Project as set forth in the Budget and the Fund shall be treated as an investment by Sponsor in the Project as hereinafter provided and for no other reason or purpose whatsoever
10. Notification and Confirmation. Potential Winners will be notified by email and/or mail on or about November 17, 2022, and potential Winner must provide notice to Sponsor as to whether potential Winner accepts or rejects the Fund (if the potential Winner elects to accept the Fund, such notice shall be deemed a “Notice”). If a potential Winner cannot be contacted or does not provide the Notice to Sponsor within two (2) business days of Sponsor’s notification thereof (“Notice Period”), Sponsor reserves the right to choose replacement Winner(s) without any further obligation to the potential Winner(s). In addition to the Production Agreement, potential Winners will be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of notification. Additionally, potential Winners may be required to submit releases from any and all third parties appearing in their respective Submissions. If any potential Winner cannot be contacted after first notification attempt, if any potential Winner fails to respond within the Notice Period, if any Notice or other communications are returned as undeliverable, if any potential Winner rejects the Fund or in the event of noncompliance with these Program Terms and Conditions and requirements, the Fund will be forfeited and may be awarded to the Submission with the next highest score. Upon forfeiture, no compensation will be given. Sponsor shall retain all discretion and control with regard to the selection of Winners and the Program, and Sponsor’s decision on such matters shall be final in all respects.
11. Project Production. After Winner confirmation, Winners must produce a Project consistent with the Submission Packet and deliver the Project to Sponsor in accordance with the terms of the Production Agreement, provided that the actual cost of the Project shall not exceed the Fund amount. The Fund shall be paid to Winner in accordance with the terms of the Production Agreement and Sponsor’s standard payment policies and is subject to winner delivering all required deliverables in connection with any timelines and milestones determined by Sponsor.
12. Conditions on Receipt of Fund. For good and valuable consideration, the receipt and sufficiency of which Winner hereby acknowledges, if selected as a Winner, Winner hereby expressly grants to Sponsor, its successors, assigns, agents and licensees the irrevocable right and license to use any Submission(s), Submissions Packet(s), the Project(s) and all ideas, feedback, opinions, techniques, images, sounds, videos, or other content or other materials submitted by Producer to Sponsor (together, the “Materials”) in whole or in part, and the irrevocable right to license and use any video, footage, photos, names, signage, art, design, labels, logos, music, special effects, images, likenesses and any other material contained in the Material in all advertising and publicity for the Project and the Program and to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit the Materials. Further, Producer’s contributions in the performance of Producer’s services in connection with any and all pitch materials hereunder (the “Results and Proceeds”) shall be created as a “work made for hire” (as such term is understood under the United States copyright laws) specially commissioned by Sponsor for inclusion in a motion picture. Sponsor, its successors and assigns will be entitled to use Sponsor’s name, photograph, likeness and biographical material in and in connection with the Project, the Program and all advertising and publicity therefor, all subsidiary and ancillary uses thereof, including, without limitation, merchandising and commercial tie-ins (but not product endorsements), novelizations, publications, and soundtrack recordings related to the Project or the Program in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Producer acknowledges and agrees that Sponsor may alter, edit, or obscure the Material and the Results and Proceeds.
13. Program Conditions. Any and all federal, state and local taxes are the sole responsibility of the Winners. Participation in Program and/or acceptance of the Fund constitutes each Producer’s and Winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Program or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Producers who do not comply with these Terms and Conditions, or attempt to interfere with this Program in any way shall be disqualified. Sponsor is not responsible if Program cannot take place or if any Fund cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, pandemics, weather or acts of terrorism.
14. Release. By participating, Producers and Winners agree to release and hold harmless Sponsor, Dry Powder Works and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, claims, actions, objections, attorney's fees, and costs whatsoever, in law, equity, arbitration, or otherwise, which Producer may have, by reason of any matter, whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with (i) the Project, the Program, the Submission, the Submission Packet, any Materials (as defined above ) or the Submission Agreement; (ii) application in, preparation for, travel to, or participation in the Program, or (iii) possession, acceptance and/or use or misuse of the Fund or participation in any Program-related activity; and (iv) for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.
Released Entities are not responsible for any Submission Packets not received by Sponsor, whether due to Producer error, Sponsor error, technical issues or otherwise. Released Entities are not responsible for inaccurate Program information in connection with the Program. Producer acknowledges and agrees that any publicity and promotional materials for or in connection with the Program may showcase the Project alongside the project(s) of other Producers and that such materials may not include all Winners. Producer understands that Producer will not receive any fees, sums, consideration, or remuneration for any of the rights granted in these Terms and Conditions other than the possibility of receiving the Fund , if selected as a Winner, in Sponsor’s sole discretion. Sponsor’s receipt of the Materials is not an admission of the novelty, priority, or originality of such materials, and it does not impair Sponsor’s right to existing or future intellectual property rights relating to the Materials. Producer agrees that it will not claim or assert that any portrayal, depiction or exploitation of the Material constitutes a violation of any of its rights and Producer hereby release Released Entities from all claims arising out of or in connection with any portrayal, depiction or exploitation of the Material pursuant to this Agreement. Sponsor shall have no obligation to use any of the rights granted to it herein or to release or otherwise exploit the Project. Producer hereby waives any claim that any Project Sponsor may develop or exploit, either now or in the future, infringes on any rights of Producer, including with respect to copyright, trademark, good will, the Project, any elements thereof, or any other rights.
15. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to apply for the Program, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Program or downloading any materials in this Program. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Program should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Program. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Program or web site. Sponsor may prohibit a Producer from participating in the Program or receipt of Fund if, in its sole discretion, it determines that said Producer is attempting to undermine the legitimate operation of the Program by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Producers or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN PRODUCER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the Producer and must comply with these Terms and Conditions. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Producer may be required to show proof of being an authorized account holder.
16. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND/OR USE OF THE SITE AND/OR FROM DOWNLOADING AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THIS PROGRAM AND ALL FUNDS 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
17. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions, including, without limitation, the Program. Any controversy or claim arising out of or relating to these Terms and Conditions and/or the Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Georgia, City of Atlanta .
THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions and/or the Program, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City of Atlanta in the State of Georgia. The parties agree not to raise the defense of forum non conveniens.
19. List of Winners. To obtain a list of Winners, send a self-addressed, stamped envelope by December 20, 2022 to: Angela Harmon, CHROMATIC BLACK, INC., 3120 Garden Walks SW, Atlanta, Georgia 30331.
20. Sponsor. CHROMATIC BLACK, INC., a Georgia corporation with an address at 3120 Garden Walks SW, Atlanta, Georgia 30331.
IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN THE STATEMENTS CONTAINED IN ANY OTHER PROGRAM MATERIALS AND THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL CONTROL.