RULES AND TERMS OF AGREEMENT
Please read this agreement carefully before you submit your application.
By applying to the CINE PitchFest Presented by A&E: Be Original panel (“CINE PitchFest”), you desire to submit for consideration to CINE and A&E Television Networks, LLC (“A&E”) the following described material, written, composed, owned or controlled by you (herein called “Submitted Material”) and intended to be used as the basis for one or more programs. CINE and A&E will sometimes be referred to as “we” or “us.”
By applying, you expressly acknowledge and agree that you shall be bound by the terms of this agreement.
GUIDELINES FOR ALL APPLICATION OF SUBMITTED MATERIAL.
All applications of Submitted Material must contain an original pitch for a project that has not been publicly distributed and does not have a digital, theatrical, broadcast or any other commercial distribution contract. Producers may submit more than one project for consideration, but a separate application and fee must be submitted for each project and only one project per applicant may be selected.
Any pitch, reel or material containing non-English language must have English subtitles or translation.
Applicants must indicate in which session(s) they would be like to participate, and if selected, are responsible for any costs incurred by preparation, production, travel or accommodations. CINE and A&E will not reimburse or cover any expenses to participants.
A&E RIGHTS.
AETN will have the exclusive option, but not the obligation, for a period of six (6) months from the date of the panel at which the material was pitched, to develop any of the winning projects. If AETN desires to develop the project, including for television, the internet or any other media, A&E and you hereby agree to negotiate the producer's fee, in good faith.
The winner of each pitch will receive $250 and be invited to formally pitch to A&E at a later date. Winners located outside of New York, NY may conduct their pitch via Skype or another videoconference method. A&E will coordinate with each winner to schedule the meeting within the 6-month option window.
APPLICATION FORM AND PREVIEW MATERIALS FOR ALL SUBMITTED MATERIAL.
All applications of Submitted Material and fees must be submitted through cine.org or partner entry platforms. Illegible or incomplete applications of Submitted Material will not be accepted, and applications and/or payments will not be accepted via email. Submissions through FilmFreeway MUST include the supplemental PDF application form as an attachment. Preview materials are recognized to be the property of the applicant, and will be used only in the evaluation of applications of Submitted Material.
FINAL ENTRY AND MATERIAL DEADLINES.
All applications of Submitted Material must be completed and submitted no later than 11:59 PM PST on August 5, 2016.
PANEL AND AUDIENCE INFORMATION.
The panelists for each session will be announced prior to the event on CINE’s website and social platforms. Panelists may be present in person or via videoconference. At the conclusion of each pitch, the panelists will provide feedback on the pitch. Those who impress the panel may be invited to a formal meeting/pitch with A&E. CINE, A&E, and the panelists and their employers do not guarantee any contract or future legal obligation to any of the pitch participants.
Participants at each session will have five minutes to pitch their project to the panelists; a panel moderator will keep time and introduce the participants. Participants may use video footage or graphics in their pitch (and will have access to a MacBook to display video/graphic footage).
Each session will be held in front of a live audience. Tickets will be made available to CINE partners (film schools, sponsors, etc.) and the general public. The audience will not vote or play a determining factor in the outcome of the pitch session.
REVIEW AND SELECTION PROCESS.
A panel of media makers selected by CINE will evaluate all pitches and select the participants for each pitch session.
NOTIFICATION OF OFFICIAL PARTICIPANTS.
CINE will notify the selected participants by September 1, 2016. All applicants will receive a notification of their status.
COMMUNICATIONS.
CINE will notify each applicant of his or her application status to the attention of the contact listed on the application of Submitted Material. Please make sure all contact information — mailing address, email address and phone number — is accurate. Change of contact information can be sent to info@cine.org. CINE is not liable for emails delayed by spam filters, server rejections or outdated addresses. CINE staff can be reached by email at info@cine.org, or by mailing CINE, 1003 K Street NW, Suite 208, Washington, DC 20001 USA. The office phone number is +1-507-400-2463.
COPYRIGHT AND CLEARANCES.
The individual or corporation (applicant) submitting an application of Submitted Material to CINE and A&E hereby warrants that they are own or control all rights in and to the Submitted Materials and authorized to submit the media project for consideration. Please ensure if you are submitting an entry that contains copyrighted material by anyone other than yourself or your collaborators, if a joint work, that you have obtained proper documented clearances and/or licenses for that material used. You agree to indemnify and hold harmless CINE, A&E, their parent companies, subsidiaries, affiliated entities, licensees, and each of their respective agents, officers, directors and employees, the event organizers, judges, sponsors, and partners, individually and collectively, from and against any and all claims, liabilities, losses, damages, and expenses (including but not limited to attorney's fees, and court costs) which may be incurred by reason of any claim arising out of or related to the Submitted Material, including but not limited to claims involving copyright, trademark, credits, publicity, screening, and loss of or damage to Submitted Material. The burden of determining that any material is not protected by copyright, trademark, rights of privacy, publicity or any other proprietary rights rests solely with the applicant. The applicant shall bear the sole liability for any violation of law or damages resulting from any infringement of copyrights, proprietary rights, or any other harm which is alleged as a result of Submitted Material.
PUBLICITY AND MARKETING.
CINE may take video footage or photos of the pitch session, which may be excerpted for publicity purposes. CINE and A&E reserve the right to promote any pitch to print, broadcast or internet media as required to market CINE, A&E, CINE PitchFest Presented by A&E: Be Original, or other related CINE or A&E events and programs. No pitch will be screened or distributed in its entirety without the permission of the participant. CINE may use your name, approved likeness, biography and other information regarding your Submitted Material for the purposes of marketing, advertising and promoting the CINE PitchFest Presented by A&E: Be Original event, any program or series that arises from or is based on your Submitted Material, and CINE’s mission of promoting media makers.
CONTROLLING LAW, VENUE AND SEVERABILITY.
This License shall be governed by the laws of the United States and the District of Columbia without consideration of conflicts of laws provisions and principles. All claims between the parties, regardless of legal theory and whenever brought, shall be resolved in the state or federal courts of the District of Columbia, USA, and you stipulate that you expressly submit to the personal jurisdiction of such state and federal courts, and you further agree that any judgment may be entered in any court having jurisdiction thereof. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this agreement to be unenforceable, the remainder of this License shall continue in full force and effect.
COMPLETE SUBMISSION AGREEMENT
You recognize the possibility that the Submitted Material may be identical or similar to material which has or may come to CINE or A&E from other sources. You understand that such similarity in the past has given rise to litigation, and as a result, we will refuse to consider the Submitted Material unless you can obtain adequate protection in advance. The protection must be sufficiently broad to protect CINE, A&E, related corporations, and their employees, agents, licensees and assigns and all parties to whom we submit material. Therefore, all references to us herein include each and all of the foregoing.
As a material inducement to examine and consider the Submitted Material, and in consideration of so doing, you represent, warrant and agree to the following terms and conditions:
1. You acknowledge that the Submitted Material is submitted by you voluntarily, on an unsolicited basis, and not in confidence, and that no confidential relationship is intended or created between us by reason of the submission of the Submitted Material. Nothing in this agreement, nor the submission of the Submitted Material, shall be deemed to place CINE or A&E in any different position from any other member of the public with respect to the Submitted Material. Accordingly, any part of the Submitted Material which could freely be used by any member of the public may be used by us without liability to you.
2. We agree that we shall not use the Submitted Material (except as indicated herein) unless we shall first negotiate with you and agree upon compensation to be paid to you for such use, but you understand and agree that our use of material containing features or elements similar to or identical with those contained in the Submitted Material shall not obligate you to negotiate with us or entitle you to any compensation if we have an independent legal right to use such other material which is not derived from you (either because such features or elements were not new or novel, or were not originated by you, or were or may hereafter be independently created and submitted by other persons, including our employees). In the event we enter into negotiations for any use of the Submitted Material, you agree to do so in good faith.
3. You represent and warrant that (i) you own or control, individually or together with those other persons submitting this application, the Submitted Material, (ii) the Submitted Material is free of all claims or encumbrances and (iii) you have the exclusive right to offer to grant us all rights in the Submitted Material.
4. You agree that no obligation of any kind is assumed or may be implied against us by reason of your consideration of the Submitted Material or any discussions or negotiations we may have with respect thereto, except pursuant to an express written agreement hereafter executed by A&E and you which, by its terms, will be the only contract between us with regard to further uses of the Submitted Material outside the scope of this agreement.
5. You have retained a copy of the Submitted Material. You assume full responsibility for any loss of the Submitted Material, irrespective of whether it is lost, stolen or destroyed in transit or while in your possession or otherwise.
6. Except as otherwise provided in this agreement, you hereby release us, our panelists, our parent companies, subsidiaries, affiliated entities, licensees, and each of our respective agents, officers, directors and employees of and from any and all claims, demands and liabilities of every kind whatsoever, known or unknown, that may arise from your participation in CINE PitchFest or in relation to the Submitted Material or by reason of any claim now or hereafter made by you that you have used or appropriated the Submitted Material, except for fraud or willful injury on our part.
7. No statements or representations have been made except those expressly stated in this agreement. This agreement may be modified only by subsequent written agreement signed by you, CINE, and A&E.
This License constitutes the entire agreement between the parties with respect to the use of productions and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by an authorized representative of CINE and A&E. Nothing in this agreement constitutes a waiver of CINE’s and A&E’s rights under the United States of America patent and copyright laws or any other Federal or State law, nor of any of CINE’s or A&E’s rights under the rules or laws of any country, territory, republic, and/or province.
CINE and A&E reserve the right to remove an application of Submitted Material from consideration for any reason or for no reason and shall not be liable for any refund or claims of any kind arising out of such removal.
You have read and agree to our general rules and terms and conditions. You agree that failure to adhere to any of the general rules or terms and conditions may result in disqualification with forfeiture of any processing fees.
