TERMS AND CONDITIONS
Dance in Focus: REFLECTIONS - Dance Film Festival
The following Terms and Conditions (“Terms”) apply to your participation in the Dance in Focus: REFLECTIONS contest (the “Contest”).
1. Parties.
a. Contest Organizer. The Organizer of the Contest is the Performing Arts Center of Los Angeles County (“PACLAC”) d/b/a/ The Music Center, 135 N. Grand Ave., Los Angeles, CA 90012. PACLAC operates its own company website https://www.musiccenter.org/ and its official Social Media accounts (e.g. Facebook, Instagram, and Twitter).
b. Contest Submission Platform. PACLAC is enlisting the use of a third party online platform (“FilmFreeway”) for the administration of the aforementioned Contest. The FilmFreeway platform is accessible via its company website at https://filmfreeway.com/.
c. Participant. Any natural person who uploads user generated content to PACLAC’s specified Contest portal on FilmFreeway (each such person a “Participant”).
2. Eligibility.
a. Any natural person is entitled to participate in the Contest as a Participant.
b. Participants of any age may participate. Persons under the age of 18 require the consent of their legal guardian to participate. PACLAC reserves the right to request proof of Participant’s age and/or legal guardian consent.
c. Legal representatives and employees (as well as their relatives) of PACLAC are not eligible to participate.
d. PACLAC is at all times entitled to exclude Participants from participation in the Contest if they violate these Terms and Conditions.
3. Start and End of the Contest.
a. The Contest begins on January 21, 2023 at 8:00 am Pacific Standard Time. The Contest ends on May 8, 2023 at 11:59 pm Pacific Standard Time (the “Participation Deadline”).
b. All conditions of participation (including all provisions of Sections 2 and 5) must be met by the Participation Deadline in order to participate in the Contest.
4. Termination and Restriction of the Contest.
a. PACLAC reserves the right to restrict or discontinue individual services and functions on FilmFreeway at any time and without giving reasons.
b. PACLAC reserves the right to cancel or terminate the Contest at its discretion, whether before or after selecting any Works. In such a case the Participant is not entitled to any claims against PACLAC.
5. Participation (Necessary Actions to Participate in the Contest).
a. To participate in the Contest, Participant must create one (1) original film or submit an original film created no earlier than January 1, 2022 (the “Work”) and upload the aforementioned Work using PACLAC’s Contest portal on FilmFreeway.
b. The Work must be submitted as a digital file which adheres to the following technical specifications:
i. Aspect Ratio: 16:9
ii. Supported codecs: H.265, H.264, or MPEG-2
iii. Supported Extensions/Containers: .mpg, .mov, or .mp4
iv. Resolution: 1920x1080x60p (30p framerate not recommended, but acceptable).
v. Specs for H.265 Extensions/Containers: Support for Main and Main 10 profiles up to level 5.1
vi. Specs for H.264 Extensions/Containers: Support for Main and High profiles up to level 4.2.
vii. Maximum Recommended Video Bit Rate: 25Mbps
viii. Audio Support: AAC audio (CBR/VBR) up to 288Kpbs
6. Grant of Rights. From the time that the Participant uploads the Work to the FilmFreeway platform through July 15, 2024, Participant hereby grants to PACLAC the non-exclusive right and license, throughout the world, to: (a) reproduce, publicly perform, publicly display, and distribute the Work (in whole or in part) on and through its website, www.musiccenter.org, and on any other online properties (including social media platforms) owned or used by PACLAC, and on the LED screens on PACLAC’s Jerry Moss Plaza; (b) publicly perform and publicly display all (or substantially all) of the Work (i.e., as a single, full length audio-visual work) in any media, now known or hereinafter devised; (c) reproduce, publicly perform, publicly display and distribute the Work (or derivatives of the Work), in whole or in part, in advertisements and marketing materials for the distribution of the Contest; and (d) prepare derivatives of the Work for the purposes of exercising its rights described in this Section 6.
It is understood that PACLAC is under no obligation to make any performance or other use of the Work. PACLAC may sublicense these rights to PACLAC’s collaborating Contest partners, as well as third parties providing services to PACLAC (e.g. cloud hosts, commercial printers) within the scope of the rights granted. Participant grants these rights free of charge to PACLAC. PACLAC will not sell the Work to any third parties.
Participant grants to PACLAC permission to use (and license others to use) all names, logos and marks appearing in or relating to the Credit (as defined below) or to Participant’s biographical data, picture, voice, likeness and statements, in any media now existing or later invented, on marketing and publicity materials and in publications produce by or under lease or license from PACLAC including, but not limited to, brochures, annual reports, social media and website.
7. Warranties and Representations of Participant; Indemnity. Participant represents and warrants that the following statements are and will remain true:
a. the Work is an original work by the Participant, and will not violate or infringe any copyright, intellectual property right, right of privacy or other statutory or common law right of any person, firm or corporation;
b. the Work has not previously been commercially published or displayed;
c. Participant has cleared all rights that may be required to exploit the Work, including, without limitation, Participant’s name, likeness and publicity rights;
d. the Work is not defamatory, and public performance and display of the Work will not result in the defamation of any person, firm or corporation; and
e. Participant shall defend, indemnify and hold harmless PACLAC from and against any loss or damage suffered by PACLAC as a result of any (i) claim that the Works (as delivered to PACLAC) infringe any third-party rights or are defamatory, or (ii) material breach of any of Participant’s warranties or representations hereunder.
8. Selection Process and Notification of the Winner.
a. PACLAC will identify and select Participants whose Work will be shared on PACLAC’s website and on the PACLAC Jerry Moss Plaza LED screens (the “Official Selections”) in July 2023. PACLAC will notify Official Selection awardees via e-mail by June 23, 2023.
b. PACLAC will select Contest finalists (the “Best Films”) from the pool of Official Selections. PACLAC will notify Best Films awardees via e-mail by June 23, 2023.
9. Prize.
a. If Participant is selected as an Official Selection, their Work will be featured on PACLAC’s website and exhibited via the LED screens of PACLAC’s Jerry Moss Plaza beginning on July 12, 2023 and ending on July 16, 2023. Participant will receive $500.
b. PACLAC will consistently display credit to the Participant (the “Credit”) whenever and wherever the Work is displayed by PACLAC. The Credit will be listed on a most favored nations basis in relation to the other Official Selections selected by PACLAC.
10. Disclaimer.
a. Participant shall defend, indemnify and hold harmless PACLAC from and against any loss or damage suffered by PACLAC as a result of any (i) claim that the Work (as delivered to PACLAC) infringes any third-party rights or are defamatory, or (ii) material breach of any of Participant’s warranties or representations hereunder.
b. Notwithstanding anything herein to the contrary, PACLAC is not responsible for any (i) system failures or losses related to the operation of the FilmFreeway online platform, or (ii) causes beyond its reasonable control (e.g. earthquake, fire, acts of government or third parties) that prevent or inhibit its performance of its obligations hereunder, including the display or performance of any Official Selections or Best Films.
11. Final Provisions.
a. Participation in the Contest is granted free of charge for the Participant, with no purchase necessary.
b. These Terms shall be construed in accordance with the laws of the State of California, without reference to its conflict of law principles.
Participant agrees to the aforementioned terms by clicking on “I accept” via PACLAC’s Program portal on the FilmFreeway platform.