Dauntless Film Festival

Please make sure you read the Dauntless Film Festival (DFF) Rules & Regulations which can be found in their entirety on our website at http://www.DauntlessFilmFest.com/submissions-rules.

GENERAL RULES
The following is an explanation of general submission rules and regulations (“Rules and Regulations”) governing the submission of film projects (hereafter called “Project”) for consideration for the current cycle of the Dauntless Film Festival (hereafter called the “Festival” or “DFF”) and the award of the Festival’s grand prize by Dauntless Studios, LLC. All information contained herein shall supersede the contents of any and/or all FAQ document(s) or summarized listings of all or part of the Festival rules located on the festival’s website (http://www.DauntlessFilmFest.com) or any 3rd party website with a direct or indirect connection to the festival.

By agreeing to the Terms and Conditions of Use, located below, the entity submitting the Film (hereafter called the “Applicant”) acknowledges that he or she has obtained consent from any and all Owners, Creators, Writers, Producers and/or any other authorized representatives of the Project (hereafter called the “Project’s Owners”) whose consent is required to submit the Project to the Festival, and has read and understood the submission Rules and Regulations set forth below:

GENERAL RULES AND REGULATIONS FOR SUBMISSION OF A FILM TO THE DAUNTLESS FILM FESTIVAL:

1. The Project’s final running time is projected to be a minimum of 75 minutes and no more than 160 minutes. Projects whose running time falls below the minimum or exceeds the maximum allowed running time, will be disqualified from competition and will forfeit their submission fee.

2. Narrative and Documentary Feature Films that have been previously released via any home video or public distribution platform (including, but not limited to, Blu-ray, DVD, or video on demand) or broadcast/streamed on television or the internet in any country are not eligible for submission to the Festival unless the version submitted is significantly different from the version that was previously made available to the general public. DFF shall have the sole authority and discretion to determine whether a Project that was previously released via any method described above has been changed significantly from the previously released or broadcast version. DFF reserves the sole and exclusive right to determine a previously released or broadcast project’s eligibility, without refund of any or all submission fees previously collected from the Applicant, based on the content of the submitted version of the Project as compared with the previously released or broadcast version.

3. Narrative and Documentary Feature Films that have previously been exhibited theatrically at one or more private screenings for which tickets were not available to the general public retain eligibility for submission to the Festival; however, any screening public or private in which tickets were sold, will make the film ineligible and will be disqualified from the festival competition.

4. International Narrative and Documentary Feature Films that have been released theatrically, broadcast on television, broadcast or streamed on television or the Internet inside and/or outside of their country of origin are not eligible for open submissions to the Festival.

5. U.S. and International Narrative and Documentary Feature Films that have previously been theatrically exhibited at a “work-in-progress” screening at which tickets were available to the general public are only eligible for submission to the Festival if the version submitted is significantly different from the version previously screened. DFF reserves the right to determine a previously screened project’s eligibility, without refund of any or all submission fees previously collected from the Applicant, based on the content of the submitted version of the Project as compared with the previously screened version.

6. Projects completed within Twenty-Four (24) months prior to the current cycle submission deadline are eligible for consideration for the current cycle of the Dauntless Film Festival.

7. Projects that have been submitted for Festival consideration in previous cycle are eligible for re-submission to another Festival cycle, as long as the project fulfills the following conditions:

a) The project meets all the preset guidelines and rules set forth by the DFF.

b) The project is re-submitting after another full, festival submission cycle has been completed. Unless the project was changed significantly enough and rebranded or retitled.

c) The project was not disqualified for violations of the DFF Rules and Regulations in a previous submission cycle.

DFF shall have the sole authority and discretion to determine whether a Project that was previously submitted has been changed significantly from the previously submitted version. DFF reserves the right to determine a previously submitted Project’s eligibility, without refund of any or all submission fees previously collected from the Applicant, based on the content of the newly submitted version of the film as compared with the previously submitted version.

8. It is the sole responsibility of the Applicant to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Project. DFF expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third party claims for copyright infringement. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any copyrighted content or material, Applicant shall fully indemnify and defend DFF, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

9. It is the sole responsibility of the Applicant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Project. DFF expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third party claims for trademark infringement, trademark dilution or unfair competition. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any trademarked content or material, Applicant shall fully indemnify and defend DFF, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

10. It is the sole responsibility of the Applicant to clear all content of the Project from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”). DFF expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Project that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, Applicant shall fully indemnify and defend DFF, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any and all fees and expenses, including but not limited to attorneys’ fees, that each of any of them may incur in connection therewith.

11. Applicants submitting Projects that contain significant non-English spoken dialogue must provide on-screen English subtitles. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that contains significant non-English spoken dialogue that does not include accompanying on-screen English subtitles.

12. All Projects submitted to DFF for Festival consideration must be uploaded via VIMEO© Secure Online Screener Application or FilmFreeway’s designated submission system. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from Applicant, any Project that is not submitted via one of these formats. Unless a written “alternate submission format authorization” has been provided to the applicant. It is the sole responsibility of the Applicant that the online screener of the film is working and in a viewable format. At its’ sole discretion, DFF may inform the applicant of any defect and/or inability to play the screener, but at no point is DFF responsible to inform the applicant of such defect and/or inability.

13. In the event that the Applicant remits an updated version of the Project to DFF after having submitted a previous version of the Project to DFF during the same festival cycle, DFF is under no obligation to view any or all of the updated version of the Project.

14. In order to be considered by DFF for the Festival, the Applicant must complete the submission form located at https://www.filmfreeway.com/festival/dauntlessfilmfestival, the link to which can also be found on our website http://www.DauntlessFilmFest.com. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is not submitted through one of these links.

15. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with a submission form that is considered to be delinquent due to the non-payment of any or all submission fees. DFF may attempt, but is under no obligation, to contact the Applicant using the contact information provided on the submission form in an effort to bring the payment status of the account up-to-date. DFF disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant and inform the Applicant of any payment delinquency or other deficiency of a submission form.

16. DFF reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project received by DFF before the commencement of the current submission cycle; or after the final submission deadline.

17. Upon completion of the Festival selection process, DFF will attempt to contact the winning Applicant using the contact information provided on the submission form to notify the Applicant of the Project’s status. DFF and Dauntless Studios LLC disavow any responsibility for, and will not be held responsible for, any failure to contact the Applicant using the contact information provided on the submission form. It is the sole responsibility of the Applicant to ensure that the contact information provided on the submission form is correct throughout the entirety of the Festival submission period of the current cycle.

18. DFF is under no obligation to provide to the Applicant or any other representative of the Project any comments or feedback regarding the submitted Project, any information relating to the manner in which the Project is, will be, or was reviewed; any views that DFF or any reviewers of the Project may hold concerning the Project; any reasons why the Project, should it not be accepted by the Festival, was not accepted; or any other information relating to the Festival’s review, consideration and/or selection process regarding the Project specifically or submissions generally beyond the information set forth in these Rules and Regulations. DFF disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback regarding any submitted Project that are or may be obtained by the Applicant or any other representative of the Project; any communications by any representative of DFF or the Festival, including Dauntless Studios LLC, relating to the Project or The Festival selection process; the manner in which the Project shall be, is or was considered and reviewed; the identity or identities of any specific reviewers of the Project; and/or any failure on the part of DFF or the Festival to provide the Applicant or any other representative(s) of the Project with information concerning DFF’s consideration and/or review of the Project.

19. Any prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed within 20 days of the Festival end date unless otherwise stated in the official rules. If a winner cannot be contacted or is disqualified for any reason, DFF reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.

20. Any valuation of the prize(s) stated in any promotional material(s) or website(s) is based on available information provided to DFF, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules.

TERMS AND CONDITIONS OF USE
I, the authorized representative of the project being submitted (hereafter called the "Project") for consideration for the 2017 Dauntless Film Festival (hereafter called the “Festival”), hereby acknowledge and by submitting agree to the following:

1. I represent and warrant to DFF that: (a) I am duly authorized, on my own behalf and on behalf of all other persons or entities who have any ownership rights or interests (including, without limitation, intellectual property rights) in or relating to the Project (hereafter called the “Project’s Owners”), to exhibit this Project at the Festival, (b) exhibition of the Project for the Festival will not violate any law or any right or consent of any person or entity; and (c) the Project is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Project the subject of any threat of litigation, arbitration, or other adverse claim or proceeding.

2. I further represent and warrant, on behalf of myself and the Project’s Owners, that the exhibition of the Project in conjunction with the Festival will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Project does not constitute or include a defamation of any person or entity. I have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from or associated with the exhibition of the Project at or in connection with the Festival.

3. I understand and accept that entry into the Festival is voluntary and of my own will. I further acknowledge, on behalf of myself and the Project’s Owners, that I and we acknowledge that no obligation of any kind is assumed by, or may be implied against, DFF or the Festival by virtue of, or as a result of entry into the Festival. I further understand that it is DFF’s sole discretion to determine the “winner” of the Festival and any other outcome of the Festival that is humanly possible including that there is no winner. I understand and accept with my submission to the Festival that DFF and the Festival has no financial obligation to my Project, myself or other 3rd parties directly or indirectly connected to the Project.

4. I agree, on behalf of myself and each of the Project’s Owners, to indemnify and hold harmless DFF and the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “DFF Related Parties”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person or entity, or may be incurred by DFF, the Festival, or any DFF Related Parties, at any time in connection with the Project or DFF’s use, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by me to DFF, the Festival or any DFF Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.

5. I warrant and agree, on behalf of myself and each of the Project’s Owners, that the Project is being submitted to the Festival voluntarily, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of DFF, the Festival, or any DFF Related Parties to accept the Project for inclusion in the Festival, to acknowledge the submission of the Project, or to return the Project to me or others. I further agree, on my own behalf and on behalf of the Project’s Owners, that I and the Project’s Owners, in submitting the Project for consideration, are waiving, forfeiting, foregoing and relinquishing any right that I or we might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against DFF, the Festival, or any DFF Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Project (including, without limitation, claims relating to any failure or refusal to exhibit the Project, the exhibition or marketing of the Project at or in connection with the Festival, alleged oral or written representations by the Festival or its representatives relating to the submission or exhibition of the Project, and any other matters arising from or relating to the submission of the Project), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreement set forth in the immediately preceding sentence, I agree, on my own behalf and on behalf of each of the Project’s Owners, to indemnify DFF, the Festival any DFF Related Parties from any and all Claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by DFF, the Festival and any DFF Related Parties as a result of or in connection with any such Claim or any action, arbitration or other proceeding brought in violation of the representations and agreements set forth in this paragraph, including, without limitation, reimbursement of all attorneys’ fees incurred or to be incurred by DFF, the Festival, or any DFF Related Parties in connection with any Claim or any action, arbitration or other proceeding brought or initiated by me or any of the Project’s Owners or any other representative of, or person affiliated with, the Project.

6. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above and paragraph 10 below, I further agree and accept that, in the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, by me, any of the Project’s Owners, or any other representative of or person affiliated with the Project, in violation of the agreements set forth in paragraph 5 above, and in the further event that an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, the sole and maximum remedy that could be awarded to me or any other person or entity asserting any Claim shall be a refund of the submission fee paid in connection with the submission of the Project to DFF for consideration for the Festival. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to me, the Project’s Owners, or any other person or entity representing or affiliated with the Project.

7. In the event that the Project is accepted by DFF for inclusion in the Festival, I hereby grant, on behalf of myself and each of the Project’s Owners, each of the following rights to DFF, the Festival, and any DFF Related Parties without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Project for promotional purposes; and (b) the right to issue and authorize publicity concerning the filmmakers and the Project and to use all associated names, likenesses and biographical information. I also agree to provide up-to-date contact information pertaining to the director(s) and producer(s) of the Project, and to grant DFF and the Festival, at their sole and absolute discretion, the right to provide this information to Dauntless Studios LLC and other film industry organizations that sponsor Festival events.

8. I warrant and agree, on behalf of myself and each of the Project’s Owners, that DFF has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by DFF with respect to selection of films for inclusion in the Festival or awarding of Festival prizes, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of DFF, the Festival, or any DFF Related Parties to provide me, the Project’s Owners, or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Project by DFF for possible inclusion in the Festival.

9. I represent that I am 18 years of age or older, and that DFF reserves the right to request that I provide verification of this.

10. Without in any way limiting the provisions or scope of the agreements set forth in paragraphs 5 & 6 above, I further agree, on behalf of myself and each of the Project’s Owners, that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Project, the Festival, or these Terms and Conditions, including, without limitation, any Claim (as this term is defined above) and any other claim or cause of action of any nature arising from the actual or alleged breach, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of California and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Los Angeles, California, which shall be the sole and exclusive forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall issue a written award and, subject to the terms of paragraph 6 hereof, shall have the right to award monetary relief. I specifically agree and acknowledge, however, that the arbitrator shall not have the power to award punitive or exemplary damages, nor shall the arbitrator have the power to order DFF to include the Project in the Festival or to award other injunctive or non-monetary relief. The arbitrator shall have the power to award, and shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and JAMS administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, I hereby waive, forfeit and relinquish, on behalf of myself and each of the Project’s Owners, any right or entitlement that I or the Project’s Owners might otherwise have had to bring or litigate any claim or claims encompassed by this paragraph in any federal or state court against DFF, the Festival, or any DFF Related Party, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.

11. I hereby acknowledge that I have the right to consult with an attorney of my own choosing with respect to these Terms and Conditions and with respect to the Rules and Regulations for submitting a film to the Festival, located at www.DauntlessFilmFest.com/submissions-rules. By completing my submission to the Festival, I agree that I am doing so after having consulted with an attorney or after I freely or voluntarily elected not to do so without coercion or duress.

12. I hereby acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival, located at www.DauntlessFilmFest.com/submissions-rules, and that the information contained in said Rules and Regulations does and shall supersede any information obtained elsewhere, including, but not limited to, information contained on any 3rd party websites, in any Frequently Asked Questions (FAQ) documents and/or rules and regulations documents from prior cycles.

13. By completing my submission application for 2017 Dauntless Film Festival consideration, I freely and voluntarily give and express my full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. I acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to me or the Project’s Owners by the Festival, DFF, or any DFF Related Parties.

14. I hereby understand and accept that by completing my submission to the Festival, my Project may become eligible to win one of the Festival’s grand prizes of a North American (USA, Canada) distribution agreement (hereafter called the “Grand Prize”) which is serviced by Dauntless Studios LLC. By completing my submission to the Festival I hereby agree, on behalf of myself and each of the Project’s Owners, to the following terms, conditions and obligations if my Project is selected for the Festival’s Grand Prize and I have been formally notified of such decision:

a) Execution of Distribution Agreement: I hereby acknowledge that as one of the Festival’s Grand Prize winners, I will be required to execute the long form distribution agreement with Dauntless Studios LLC (DS) within five (5) business days of notification of the Festival’s decision. I further understand that the initial period of this agreement will be for twelve (12) years and will be for worldwide film rights for my Project. The complete full long form distribution agreement can be found at http://www.DauntlessFilmFest.com/longform.

b) Film Delivery: I hereby understand and accept that it is my sole responsibility as the Applicant to cover the costs associated with the creation of any and all deliverables required by DS to distribute the Project. DS reserves the right, at its sole discretion, to propose an addendum to the Project’s distribution agreement, in which DS may elect to assist in the completion of required deliverables. At no point, is DS and/or any of its affiliates under any obligation to assist in the creation of deliverables.

c) Financial Terms: By signing to the long form distribution agreement for Dauntless Studios LLC I agree and give my full and complete acceptance, on behalf of myself and each of the Project’s Owners, to the following summarized terms:

i. DS will be in first position to recover sixty-five thousand dollars ($65,000.00 USD) for a first place prize award, forty thousand dollars ($40,000.00 USD) for a second place prize award, or twenty thousand dollars ($20,000.00 USD) for a third place prize award; which represents the recoupment of DS distribution costs. This recoupment will be in first position on all recovered/received gross revenues.

ii. DS will be entitled to recover any additional costs that DS undertook on behalf of the Project, in connection with fulfilling on the deliverables required for proper North American distribution or any other required outlays. DS will recover any additional cost monies after the distribution costs are recovered. DS will assess an interest fee of twenty-five percent (25%) to the additional cost total amount should this outlay be required.

iii. Upon the recovery of DS distribution costs and any additional costs outlaid by DS on the Project’s behalf, the Project will be entitled to 80% of all net revenues derived from the exploitation of film rights in North America. DS will be entitled to 20% of all net revenues derived from the exploitation of film rights in North America.

d) I hereby acknowledge that I have read and understood the full terms and conditions of the agreement and rights secured by Dauntless Studios LLC as outlined in detail in the long form distribution agreement found at http://www.DauntlessFilmFest.com/longform. By submitting my Project for consideration in the 2017 Dauntless Film Festival, I freely and voluntarily give and express my full and complete acceptance of the terms and provisions set forth in said long form distribution agreement.