HOW TO ENTER: The competition begins as 8 a.m. ET on Feb. 28, 2007 and ends at midnight PST on April 15, 2007 (3am EST April 16). To enter, use your cellular phone or smartphone to shoot video footage that can be edited using any digital editing software. The video may fit in any genre, including documentary, action, comedy, drama, or experimental. The edited video must be no longer than :30 seconds in length, and must include audio, including music, dialogue, and/or voiceover. You can upload your entries HERE, on the Cliptive website.
ELIGIBILITY: Open to U.S. and non-US residents enrolled as students in any accredited U.S. high school or college at time of entry. Children under 16 need permission from a parent or guardian. Void where prohibited. Employees of Ithaca College (the "Sponsor"); anyone involved in the festival’s production, as well as members of their immediate family (spouses, parents, siblings, children) or households; and professional filmmakers are not eligible to participate. This Contest is conducted solely in the United States and is governed by applicable U.S. federal and state laws.
CONDITIONS OF ENTRY: Work submitted must be the original creation of the entrant. In submitting a video entry, the entrant is representing and warranting that said submissions are original work and have not been copied in whole or part from any other work; do not infringe on the copyright, trademark or other rights of any individual; are their sole and exclusive property; and that all images were captured solely on a cell phone or smartphone. The Sponsor reserves the right to refuse any entry.
Entrants retain all proprietary rights to their work, but in submitting the work grant permission to the Sponsor, its hosting site and Texas Instruments the right to post the piece and use it for promotional and media purposes for the 24-month period following the closing of the competition. You may submit more than one video.
SELECTION OF WINNERS: The CellFlix winner will be selected from all eligible entries by a panel consisting of any combination of film students, faculty, staff, and alumni whose judgments will be final and binding in all respects. Judges will evaluate entries on Content (narrative clarity and coherence, originality, and creativity), technical excellence (editing, image quality, sound quality), and general excellence (audience impact and cinematography).
The Texas Instruments Audience Award will be awarded to the film that receives the highest rating from votes by website viewers on the Cliptive website.
PRIZES: Two (2) Grand Prizes of $5,000 will be awarded. One award will be given to the film selected by the judging panel and a second award will be given to the film that receives the most votes on the website. All federal, state and local taxes for receipt of any prize are sole responsibilities of Winner. No substitution or transfer of prizes. Winners must also be willing to participate in contest announcements, special events and interviews related to the contest.
GENERAL CONDITIONS: The winner will be notified by telephone, mail or e-mail (at Sponsor's discretion). The winner will be asked to return an Affidavit of Eligibility, confirming that s/he has met all conditions of entry. If winner cannot be reached, or notification of the winning entry is returned, unclaimed or undeliverable, the winner may be disqualified and an alternate winner selected. No prize transfer is permitted. All taxes, fees, and surcharges on prizes are the sole responsibility of the prize winner. If winner is considered a minor by state law, prize will be awarded to parent or legal guardian, who shall also be bound by these rules. By participating and accepting the grand prize, the winner grants to Sponsor and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time(s), the winner's name, portrait, picture, voice, likeness, photograph submitted and biographical information as news or information and for advertising and promotional purposes without additional compensation or review, except where prohibited by law. All entrants release Sponsor, and their respective officers, directors, agents, employees, and all others associated with the development and execution of this Contest from any and all liability with respect to or in any way arising from this Contest and/or acceptance or use/misuse of the prizes, including but not limited to liability for personal injury, bodily injury including wrongful death or disability, damage to property, and damage or loss of any other kind.
SPONSOR: The Park School of Communications, Ithaca College, Ithaca, New York.
ADMINISTRATOR: The Park School of Communications, Ithaca College, Ithaca, New York.
YOUR ACCEPTANCE: BY CLICKING THE "I HAVE READ AND AGREE TO THE TERMS OF USE" BUTTON APPEARING ON THE SUBMISSION PAGE, AND USING AND/OR VISITING THE CELLFLIX WEBSITE (the "WEBSITE"), YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT") AND THE TERMS AND CONDITIONS OF CELLFLIX’s PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE THERETO.
USER SUBMISSIONS: CellFlix does not encourage, and does not seek videos that result from, any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort (iv) may be considered pornographic, vulgar or defamatory. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the generality of the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind whatsoever in connection with the video you create and/or submit. Cellflix will reject any submissions in which it believes, in its sole discretion, any such activities have occurred.
ORIGINAL WORK AND COPYRIGHT: Work submitted must be the original creation of the entrant. In submitting a video entry, the entrant is representing and warranting that said submissions are original work and have not been copied in whole or part from any other work; do not infringe on the copyright, trademark or other rights of any individual; are their sole and exclusive property; and that all images were captured solely on a cell phone or smartphone. The Sponsor reserves the right to refuse any entry.
Entrants retain all proprietary rights to their work, but in submitting the work grant permission to the Sponsor, its hosting site, and Texas Instruments the right to post the piece and use it for promotional and media purposes for the 24-month period following the closing of the competition.
CellFlix shall be under no obligation to maintain the confidentiality of the name, voice, and/or likeness of each individual involved in the creation of a User Submission, in front of or behind the camera, as contained in your Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including without limitation all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, can be used for 24-months from the submission date.
CELLFLIX PROPRIETARY RIGHTS: The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of CellFlix and its partners and licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Website, or any contents or materials related thereto.
CellFlix is operating the national competition in good faith, and assumes no responsibility for the content of the User Submissions as far as any copyrighted material that might be contained therein. CellFlix’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CellFlix to delete, edit, or disable the material in question, you must provide CellFlix with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit CellFlix to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CellFlix’s designated agent at:
CellFlix
Ithaca College
953 Danby Road, Park Hall 378
Ithaca, NY 14850
REPRESENTATIONS AND WARRANTIES: You shall be solely responsible for your own User Submissions and the consequences of them being posted or published. In connection with User Submissions, you affirm, represent and warrant the following:
You are over the age of 16 at the time of electronic submission of your film entry or entries, and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein. If you are under 16, you must have consent from a parent of guardian.
You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights or Intellectual Property Rights, or the necessary licenses in your submission.
You have the written consent of each and every identifiable natural person in the User Submission to use such person's name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have read, understood, agree with, and will abide by the terms of this Agreement.
You are not, and have not been, an agent of CellFlix and were not and are not acting on behalf of, or as a representative of CellFlix or any other party in connection with the User Submission.
The User Submission and CellFlix’s use thereof as contemplated by this Agreement, and the CellFlix’s website, will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry onto any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm CellFlix or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
DISCLAIMER: CellFlix does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. CellFlix is not responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source.
CONTESTS AND RATINGS: To be eligible for contests, videos must be uploaded by midnight of April 15, 2007, as specified on the Website.
Participants may upload multiple entries. No purchase of any kind is necessary to participate. There is no fee to enter the competition.
Competition winners will be selected at CellFlix’s sole and exclusive discretion, Winners will include (i) one award by the judges (see rules) and (ii) one award that is an audience favorite, selected by the public via a Cliptive-hosted website.
Only User Submissions which are the original work of the participant are eligible, and the participant must have exclusive rights to all intellectual property associated with the video as well as the consent of each natural person that is recognizable in the video.
Upon request, prizewinners agree to submit proof of eligibility, a manually signed version of this Agreement, a Consent and Release Form for each person shown or depicted in the winning User Submission. If you are chosen as the winner of a contest, you hereby consent to the use of your image, voice, likeness and persona without compensation for any and all publicity and advertising purposes, and you hereby release CellFlix from any and all claims arising from such use. If you fail to provide such information, documentation or consent, CellFlix reserves the right to deny you any prize winnings and award them to another participant.
Any contest is void where prohibited by law and is subject to federal, state and local rules and regulations. Prize winners are responsible for all taxes associated with contest prizes. A list of winners may be obtained after each contest ending date by written request. If at any time CellFlix is unable to operate any competition as planned (for example due to financial or administrative difficulties, fraud or technical failure such as a computer virus/bug or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity or proper conduct of any contest), CellFlix reserves the right, in its sole discretion, to suspend, modify or terminate such competition. In the event of any such termination prior to the end of the contest term, notice of such termination will be posted on the Website.
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IDEMNITY: You agree to defend, indemnify and hold harmless CellFlix and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, consultants, advisors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States, or any other country, applicable to the creation and exploitation of your User Submission(s); (v) any claims or damages that arise as a result of any User Submission that you provide to CellFlix; or (vi) any other third party's access and use of the Website with your unique username, password or other appropriate security code.
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