Full Rules & Guidelines
Agreement
I, the authorized representative of the project being submitted (hereafter called the "Film") for the 2019 To the Contrary Women’s Festival: About Women and Girls (hereafter called the “Festival”), hereby acknowledge and agree to the following:
Terms and Conditions
1. I represent and warrant to the Festival and its 501-c-3 nonprofit corporation, Persephone Productions, Inc., (hereinafter PPI) 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 Film (hereafter called the “Film’s Owners”), to submit this film for entry to this contest and if selected as a winner, to exhibit this Film at the Festival, which means it will be aired on one episode of To the Contrary with an open introduction of the film by host Bonnie Erbé and a close by her, (b) the Film infringes on no copyright or other intellectual property right of any Third Party; (c) the Film’s Owners are the exclusive holder of copyright in the Film and have secured from all Third Parties who have a claim to copyright in the Film an assignment of copyright to the Owners;(d) exhibition of the Film at the Festival will not violate any law or any right or consent of any person or entity; (e) the Film is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Film the subject of any threat of litigation, arbitration, or other adverse claim or proceeding, (f) if selected as a winner and to be broadcast on To the Contrary on PBS, I will submit proof of E&O insurance in the amount of $1,000,000.00, naming ”PPI” and “PBS and its member stations” as co-insureds in the event of any legal action or lawsuit or financial expenditure resulting from the airing of this film. Such policy should also cover any legal fees incurred by PPI and PBS to defend against a third-party copyright claim.
2. I further represent and warrant, on behalf of myself and the Film’s Owners, that the exhibition of the Film, which includes airing it in edited form on the broadcast version of To the Contrary and posting it on To the Contrary’s PBS web page for at least one month and no longer than ten years, 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 Film does not constitute or include a defamation of any person or entity, nor does it contain profanity or anything other than PG-rated material, as PBS is an educational nonprofit network.
3. I further understand that PBS requires the full disclosure of program funders and underwriters and must approve funders to make sure there has been no editorial influence or connection to program content. The Federal Communications Commission requires that broadcasters “fully and fairly disclose the true identity” of all broadcast program funders. See 47 CFR § 73.1212(e). Broadcast program funders, including funders who provided funds through crowdsourcing websites, cannot be anonymous. PBS’s approval of the Film for broadcast on To the Contrary may be delayed if producers submit incomplete information. Nominated films will need to clear this process before becoming confirmed winners.
4. PBS Standards & Practices requests the following materials for PBS’s funder approval process:
a) A description of the program
b) A list of program’s producers and the program’s copyright holder
c) The program’s final cost of production (USD)
d) A listing of all of the program’s production underwriters, including (but not limited to) producers, underwriters (corporations, foundations, individuals, crowdsource funding; etc.). Please include the legal/corporate name of the underwriters, contact point (city/state), web address if available, and the amount (USD) they contributed to the production of the program.
e) A description of any relationship between each funder and the program content and/or the production or producers.
f) The program’s final cost of production as well as the listing of the underwriters’ information (the legal names and the USD funding) should be included in the funding grid. A funding grid will be provided.
Categories
Below are the categories for the TTC Women's film festival. We are requesting that all of the entries be available for judging online. All documentaries should have been completed in 2018 and NOT ever aired on broadcast or cable television. We encourage first time aspiring documentarians to submit their work to this festival.
A. Current events documentaries about advancing the rights of girls, women or diverse communities in the United States. This could range from profiles of powerful women in politics, industry, the arts, etc, or exploration of an issue faced by women, families and communities of color.
B. Current events documentaries about advancing the rights of girls, women or diverse communities globally. As above, this could category could range from profiles of powerful women in politics, industry, the arts, etc, or exploration of an issue faced by women, families and communities of color.
C. Documentaries chronicling the history of women’s movement in the United States from any era. Can include documentaries about critical public policy issues and profiles of history-making women.
D. Documentaries about the changing cultural attitudes on gender from a woman’s perspective.
E. Student entry - A documentary produced by undergraduate or graduate student (s) focusing on issues about girls, women or diverse communities both in the United States or globally.
I understand I will be responsible, if selected as a winner, for all costs associated with editing my entry to approximately 25 minutes in length and delivering the media on a hard drive in digital format HD 1080i format that conforms to PBS broadcast standards and delivery guidelines as the Festival imposes as follows:
March 5 – Submissions Open
June 14 – Submissions Close
Aug 9 – Finalists contacted
Sept 21-Winners Announced
Oct 19 - Deadline to receive the hard drives from the winners
The hard drive should include the program with mixed audio. Persephone Productions will edit the winning program into a single edition of To the Contrary of 26:46 in length (a PBS half-hour). The final version of the episode for PBS will include To the Contrary funder credits, an introduction to the film by host Bonnie Erbé, and an explanation of why the film was selected as the winner in its category as well as a program close. I understand that I will also provide music cue sheets and a transcript of the edited program. The hard drive, music cue sheets and transcripts should be sent to Persephone Productions, Inc., (address to be provided to winners) as per the deadlines below. Persephone Productions will not be expected to return the hard drives. If the winner does not submit the edited version to the Festival as required, the Festival reserves the right to not air the winning program. Producers must submit the winning entries according to the deadlines above. I understand if I fail to meet the PBS criteria or the October 19th deadline I agree by pushing the submit button that I thereby forfeit my chance to air on the program aired nationwide by PBS and hold the Festival, To the Contrary and PPI harmless in so doing.
4. In the event that the Film is accepted by the Festival as the winner of a category, I acknowledge, on behalf of myself and the Film’s Owners, that To the Contrary’s exhibition or presentation of the Film online and on air does not and will not create any confidential or fiduciary relationship between PPI on the one hand and myself and/or the Film’s Owners on the other. I further acknowledge, on behalf of myself and the Film’s Owners, that I and we understand that neither I nor any of the Film’s Owners will receive any compensation for the Festival or PPI’s use, reproduction or exhibition of the Film, including PPI’s posting of the Film on its website. I acknowledge that no obligation of any kind is assumed by, or may be implied against PPI in the event of, by virtue of, or as a result of the Festival’s selection of the Film for the Festival. I and the Film’s Owners understand and acknowledge that the selection of the Film for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by PPI or the Festival of the content of the Film or any opinion expressed therein.
5. I agree, on behalf of myself and each of the Film’s Owners, to indemnify and hold harmless the Festival, its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “PPI 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 the Festival, or by PPI or any PPI Related Parties, at any time in connection with the Film’s use, exhibition, reproduction, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by me to the Festival or any PPI Related Parties, including, without limitation, any claims for copyright or trademark infringement or misappropriation of intellectual property, as well as claims for breach of any express or implied representation of these Terms and Conditions.
6. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Film is being submitted for an award voluntarily and without promise or inducement, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Festival, or any PPI Related Parties to accept the Film for inclusion in the Festival, to exhibit the Film on air or online, to acknowledge the submission of the Film, or to return the Film to me or others. I further agree, on my own behalf and on behalf of the Film’s Owners, that I and the Film’s Owners, in submitting the Film for consideration, am/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 the Festival, or any PPI Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Film (including, without limitation, claims relating to any failure or refusal to exhibit the Film at the Festival, the exhibition or marketing of the Film 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 Film, and any other matters arising from or relating to the submission of the Film), whether such claims may be based on claims of contract, implied contract, tort, statute, or other legal or equitable theory or remedy (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 Film’s Owners, to indemnify PPI and the Festival 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 the Festival and any PPI 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 the Festival, or any PPI Related Parties in connection with any Claim or any action, arbitration or other proceeding brought or initiated by me or any of the Film’s Owners or any other representative of, or person affiliated with, the Film.
7. 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 Film’s Owners, or any other representative of or person affiliated with the Film, in violation of the agreements set forth in paragraph 5 above, and in the further event that a court, an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, except in the case of willful misconduct by PPI or its officers, directors, employees or agents, the sole and maximum remedy that could be awarded to me or any other person or entity asserting any Claim shall be an award of nominal damages. Under no circumstances shall any other remedy or relief, including without limitation, special, punitive or exemplary damages be available to me, the Film’s Owners, or any other person or entity representing or affiliated with the Film.
8. In the event that the Film is accepted by the Festival for inclusion in and exhibition at the Festival, I hereby grant, on behalf of myself and each of the Film’s Owners, each of the following rights to the Festival, and any PPI Related Parties without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Film for promotional purposes; and (b) the right to issue and authorize publicity concerning the filmmakers and the Film and to use all associated names, likenesses and biographical information. I also agree to provide up-to-date contact information pertaining to the director and producer(s) of the Film, and to grant the Festival, at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor Festival events.
9. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Festival has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by the Festival with respect to selection of films for inclusion in the Festival, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Festival, or any PPI Related Parties to provide me, the Film’s Owners, or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Film for possible inclusion in the Festival.
10. I represent that I am 18 years of age or older, or that, if I am younger than the legal age to enter into contracts in my state, I have provided PPI with signed, written consent from my parent or legal guardian.
11. Without in any way limiting the provisions or scope of the agreements set forth in Paragraphs 5 and 6 above, I further agree, on behalf of myself and each of the Film’s Owners, that any claim, dispute or controversy arising out of, in connection with, concerning, construing or otherwise related to the Film or these Terms and Conditions, including, without limitation, any Claim (as this term is defined above) and any other legal or equitable claim or cause of action of any nature, whether in contract or in tort, arising from the actual or alleged breach, termination, enforcement, interpretation or validity of this Agreement, will be governed by the internal, substantive laws of the State of Virginia, without regard to its conflicts of law principles, and that any such proceeding will be litigated exclusively before the United States District Court for the Eastern District of Virginia, Alexandria Division, or a court of competent jurisdiction of the Commonwealth of Virginia, which is located in Fairfax County, Virginia. I further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.
12. I acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival, located and that the information contained in said Rules and Regulations and this Agreement shall supersede any information obtained elsewhere, including, but not limited to, information contained in any Frequently Asked Questions (FAQ) documents and/or rules and regulations documents from prior years.
13. By completing my submission application for the 2018 To the Contrary Film Festival: About Women and Girls, 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 Film’s Owners by the Festival, or any PPI Related Parties.
14. This Agreement contains the entire, final expression of the agreement and understanding by and between the Parties with respect to the matters herein referred to. This Agreement supersedes all prior understandings, oral and written, hereto before had between the Parties. No waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement. Should any provision of this Agreement be declared illegal or unenforceable and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.
I 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. By clicking “I Agree”, 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.
