Fangoria Blood Drive II - Contest Rules and Regulations

OFFICIAL RULES FOR
THE FANGORIA BLOOD DRIVE
CONTEST

The Fangoria Blood Drive II Contest (the "Contest") is sponsored by Koch Vision LLC (“Koch”) and the Starlog Group ("Starlog") (such entities are collectively referred to herein as the "Promoter"). The judges of the Contest will determine the best short films in the horror film genre in the Fangoria Blood Drive II Contest.

I. ENTRY PERIOD: The Contest entry period begins on October 31, 2004 at 12:00 a.m. Eastern Standard Time ("EST") (the "Start Date"), and ends at midnight on April 15, 2005 (the "End Date") (such period referred to herein as the "Entry Period"). A person who participates in the Contest is herein referred to as a “Contestant”.

II.ELIGIBILITY REQUIREMENTS AND HOW TO ENTER: The Contest is open only to residents of the United States who are 18 years of age as of the Start Date. Any submission(s) from those under 18 years of age must be accompanied by a signed and notarized affirmation from the Contestant’s parent (or legal guardian, if applicable) expressing consent that the relevant minor may participate in the Contest, subject to these Official Rules of the Contest. Misrepresentation of age, upon discovery by Promoter, will disqualify the applicable entrant. Contestants may make as many submissions as they desire provided that, in each instance, the Contestant is in full compliance with the Official Rules of the Contest. Directors, officers and employees and their immediate family members, or those living in the same household as such directors, officers and employees, of Koch Vision, LLC and the Starlog Group (as well as all employees, directors and officers of their respective parent companies, affiliates, subsidiaries, agents, advertising/promotional agencies, partners or representatives) and of Longview Entertainment are not eligible to participate in the Contest in any manner, except as expressly provided herein (e.g., judging Contest submissions) during certain designated stages of the Contest. The Contest is void where prohibited by law.

III . SUBMISSION REQUIREMENTS: Each film that is entered in the Contest (sometimes herein referred to as a “submission”) must meet all of the requirements (the “Submission Requirements") set forth below to be eligible for consideration:

(a) All submissions must be sent, freight pre-paid, to Fangoria Blood Drive II, P.O. Box 1290, Port Washington, NY, 11050; and

(b) The film must be in the English language or with English subtitles; and

(d) It is preferable that no music be embodied in the film. To the extent that a Contestant embodies music in a film submission, the Contestant must clear any and all of the music contained in the film and true copies of all signoffs and clearances must accompany the submission; and

(e) The film must be the Contestant’s original work, although it may be based on, or an adaptation of, a pre-existing work. If the film is based on or an adaptation of a pre-existing work, the source material must be identified (e.g., if the source material is a movie, the Contestant shall provide together with his/her entry, the name of the film on which the submitted film is based, the date the other movie was released, and the director. If the source material for the submitted film is a book, the Contestant shall provide with his/her submission the name of the book, the author and the date the book was first published); and

(f) The film must not contain any obscenity (i.e., the film must, in the sole discretion and determination of the judges, be susceptible to a broad, commercial release) or unlawful content or material; and

(g) The film must be submitted only in the following formats; NTSC Digital Beta, D2 or MiniDV, along with a standard NTSC VHS tape as a viewing copy; and

(h) A copy of all relevant and/or desirable rights clearances, permissions, releases and consents, including, without limitation, pertinent releases from all persons appearing in the film, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the film must be furnished at the time the Contestant submits the applicable film in the Contest. In the event that a Contestant does not timely provide copies of all such required/desirable releases, rights clearances, permissions and/or consents, Promoter, may, in the exercise of its sole discretion disqualify the applicable submission; and

(i) The Promoter’s strongly urge that films submitted not contain music. However, in the event a film includes music, at the time of submission, the relevant Contestant must furnish all appropriate clearances, permissions and releases regarding such music. In the event a Contestant fails to timely provide all such required documentation, Promoter, at its sole discretion, may disqualify the applicable submission.

(j) A completed and executed Affirmation of Eligibility and Grant of Rights form must be submitted at the time the Contestant submits the applicable film in the Contest.

For the avoidance of doubt, any submission that fails to fulfill all or any of the Submission Requirements may be disqualified from the Contest, in the sole discretion of the Promoter, upon the discovery of such failure(s) (if such failure is discovered following submission, the applicable film will not be further processed and reviewed and will not be considered in the judging of the Contest).

IV. CONTEST CRITERIA AND JUDGING: Contestants will be judged on the basis of originality, creativity, technical quality, story content and commerciality in the horror film genre (a spoof, farce and/or parody of a horror film is eligible to win a prize, provided that no third party rights, of any kind or nature, are infringed or otherwise violated), with each such factor being accorded equal weight. The persons participating in the judging of the Contest will be individuals employed by or affiliated with the Promoter and otherwise competent to undertake such task. The decision of the judges selected by the Promoter to judge the contest shall be final and conclusive.

V. PRIZES AND VALUE: At least five films submitted by Contestants in the Contest, as solely determined and declared by the judges in accordance with the Submission Requirements and Contest Criteria described in paragraph IV above, will be declared as the winners of the Contest. Additionally, at the time of judging, or within a period of one year thereafter, other films may be selected for “honorable mention” commendation. All persons whose films are selected as winners of the Contest or cited for honorable mention commendation will be notified by the Promoter in accordance with the information submitted in their Affirmation of Eligibility and Grant of Rights form. The names of the winners of the Contest will be mentioned on the Fangoria Blood Drive website and in Fangoria Magazine. Films selected as prize winners as well as films selected for honorable mention commendation may be exploited by the Promoter in any and all media now or hereinafter known or devised including, without limitation, inclusion in a home video (e.g., a DVD) compilation comprised of the winning submissions and, perhaps, other material to be included at Promoter’s sole discretion. Each winner and Contestant selected for a honorable mention commendation will be accorded a “created by” credit in the applicable media, if any, in which their respective film is exploited (e.g., in a home video release, they would receive a “created by” credit after the title of the film). All other aspects of the credits to be accorded (e.g., size, form, placement and prominence) will be made in Promoter’s sole discretion. The winners of the Contest (but not those selected for honorable mention commendation) may also be invited to attend the “Fangoria Convention”, or other event of the Promoter’s choosing and discretion, to be recognized as the winners of the Contest (the “Event”). No compensation will be given to the winners or to those cited for honorable mention commendation. The costs of a winner’s attendance at the Event shall be borne solely by the relevant winner. Prizes are not transferable or assignable. Prizes may not be substituted for a different prize. Taxes on prizes are the sole responsibility of the prize winner. Because each prize consists of being declared a “winner” of the Contest and, at Promoter’s discretion, the winning submission being embodied in a video device that may be commercially exploited without compensation to the winner, the value of the prize is in the publicity, if any, that is generated on behalf of a given prize winner and, therefore, the prize has no monetary value.

VI. ODDS OF WINNING: The odds of winning the contest will be based on the merits of the films submitted. However, it is reasonable to assume that the greater the number of entries, the greater likelihood that the Contest will be more competitive. At least five (5) winners of the Contest will be declared. The names of the winners of the Contest will be available after May 15, 2005 on the website: http://fangoriablooddrive.com. Names of the winners may alternatively be obtained by mailing a request for the winners’ names to Fangoria Blood Drive II Contest, PO Box 1290, Port Washington, New York 11050.

VII. HONORABLE MENTION WINNERS:

At the Promoter’s sole discretion, non-prize winning submissions of Contestants in the Contest may be selected by the Promoter as “honorable mention winners” of the Contest. In the event a submission is selec ted as an honorable mention winner, the applicable films may be commercially exploited in all or any media now known or hereinafter devise d, subject to all of the same terms and conditions as herein set forth with respect to exploitation of submission by P romoter, in its sole discretion, without further consent from the applicable Contestant being required.

IMPLICATIONS OF ENTRY INTO CONTEST:

(a) All submissions will become the property of the Promoter who will not return any film(s) submitted in the Contest or any of the underlying documentation submitted in accordance with paragraph III above.

(b) Each Contestant who is declared a winner of the Contest and each Contestant whose film is not designated a prize winner but which Promoter desires to commercially exploit in accordance with paragraph VII above, hereby irrevocably transfers, grants, conveys and assigns to the Promoter and their respective successors, assigns and licensees, the sole and exclusive license under copyright and otherwise, during the term of the copyright of the film and any renewals thereof to commercially exploit their film submission and the right to use their name, likenesses, photographs, biographical information in any and all media in connection with the advertising and promotion of the Contestant’s submission and the commercial exploitation thereof without any additional compensation to Contestant for any of the foregoing. Additionally, Promoter shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, couple or alter, the submissions of any Contestant(s) for any purpose which Promoter deems necessary and/or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

IX . INTERNET PROVISIONS/FORCE MAJEURE: Promoter reserves the right, in its sole discretion, to disqualify and/or to pursue a civil and/or criminal action against any individual who is found to be tampering with the entry process or the operation of the Contest or the Site; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person involved in the Contest. Entries will be deemed void if incomplete or illegible. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries or reviews will be accepted. Promoter reserves the right to modify, suspend, or terminate the Contest and these Official Rules if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Promoter is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Promoter's control (each a "Force Majeure" event or occurrence), Promoter shall have the right to modify, suspend, or terminate the Contest, as applicable.

X . DATES AND DEADLINES: Because of the unique nature and scope of the Contest, and because of the complexity of the administration of the Contest, Promoter reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.

XI. DISCLAIMER OF WARRANTIES : The Promoter makes no warranties, and hereby disclaim any and all warranties, express or implied, WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Promoter is not responsible for any incorrect or inaccurate information, reviews, ratings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Site or the Contest, and Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Site. Although Promoter attempts to ensure the integrity of the Contest, Promoter is not responsible for the actions of entrants in connection with the Contest, including entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Promoter is not responsible for injury or damage to any Contestants or to any other person's computer, other equipment, or person related to or resulting from participation in the Contest, or downloading materials from or using the Site.

XII. GENERAL RELEASE AND LIMITATIONS ONLIABILITY: By entering the Contest, Contestants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, (but in no event in excess of $10,000, and in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Contestant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses(see above), and/or any and all rights to have damages multiplied or otherwise increased. Each Contestant acknowledges and agrees that the Promoter is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Promoter, or otherwise, that may limit a Contestant’s ability to participate in the Contest or send or receive email notifications requiring action or response by such Contestant; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light).

XIII. DISPUTES : In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Contestants, without limiting Promoter's rights and remedies, the Contestant that first submitted submission will be deemed by the Promoter, for purposes of the Contest, the proper entrant.

XIV. GOVERNING LAW/ARBITRATION : This Agreement, the rights and obligations of the Parties, and any claims or disputes relating in any way thereto shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its choice of law principles which would require application of the laws of another jurisdiction. Any dispute between the Parties arising out of or relating to this Agreement shall be submitted to binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules as modified by the terms of this Agreement. The arbitration shall take place in New York, New York before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable Contestant may have entered into with Promoter in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a trial by jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Rules, or any other agreement between the applicable Contestant and Promoter in connection with the Contest, Contestant’s sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Paragraph, and in no event will any entrant be entitled to seek injunctive or other equitable relief. Your participation in the Contest shall be deemed to constitute your agreement to comply with all of the requirements set for in the Official Rules. Accordingly, if you do not agree to these requirements (or any other provision herein), do not participate in the Contest.

XV. REPRESENTATIONS AND WARRANTIES/ INDEMNIFICATION: Each Contestant who makes any submission in connection with this Contest represents and warrants to Promoter as follows: (i) the submission is the Contestant’s own original work, and has been created solely by such Contestant; (ii) the submission is wholly original with Contestant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (v) the submission will be fair, impartial, and in good faith, and will comply with these Official Rules and the requirements set forth in any other agreement(s) Contestant may enter into with Promoter; and (vi) the submission will not contain any "viruses" or other information, code, or material(s) that may damage or otherwise interfere with the Contest, Promoter's computer systems or data, or the computer systems or data of any other person or entity. Each Contestant hereby agrees to indemnify and hold the Promoter harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Contestant hereunder.

XVI. PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules.

XVII. INVALIDITY/HEADINGS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

BY ENTERING THE CONTEST, EACH CONTESTANT FULLY AND UNCONDITIONALLY AGREES BOT H TO COMPLY WITH AND ABIDE BY THESE OFFICIAL RULES AND THE DECISIONS OF THE PROMOTER, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS AND TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS THAT GOVERN CONTESTS OF THIS KIND ANDNATU RE.