IFC SHORT FILM SUBMISSION PROGRAM
TERMS AND CONDITIONS

This program is sponsored by Independent Film Channel LLC (referred to herein as "IFC", "we", "us" and "our").

Who Can Submit Short Films: Short films may only be submitted by legal residents of the fifty (50) United States and District of Columbia who are at least 13 years of age at the time of submission. Program is void outside the fifty (50) United States and District of Columbia and where prohibited by law. An eligible minor (at least 13 years of age) should have his/her parent's or legal guardian's permission to submit a short film. Program is subject to all applicable federal, state and local laws.

Submission Specifications: There is a limit of five (5) short film submissions per person and per email address per day; however, you can overwrite an existing short film submitted by you with a different short film and such short film will not count towards your daily limit. Each short film submitted by you must be wholly original and substantially different for any other short film submitted by you.

Short films may be a maximum of six (6) minutes in length, submitted in QuickTime (.MOV) or Windows Media (.WMV) format and cannot be larger than 100MB compressed. Please note that if your short film is chosen for broadcast on the Independent Film Channel, you will be required to provide us with an uncompressed file as well. Short films may not contain, as determined by IFC, in our sole and absolute discretion, any content that:

defames or misrepresents other people or companies;
contains trademarks, logos, or trade dress (such as distinctive packaging) owned by others without their permission;
contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies. music or other media) without their permission (However, note that works in the public domain can be used without permission. So, for example, if you choose to include a print of the Mona Lisa in the background of a scene, you would not need permission. If you have any questions as to whether a particular work is in the public domain, please consult an attorney or omit the work);
contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without their permission (for example, if your short film contains footage from inside a store and employees or customers of such store are recognizable in the footage, you will be required to provide a written release executed by each such recognizable employee or customer; however, if your short film contains references to or images of early U.S. presidents, you would not need permission); or
violates any law.

We reserve the right to reject any short film, in our sole and absolute discretion that we determine contains prohibited content or that we determine is offensive or otherwise unacceptable.

You (or, if an eligible minor, your parent or legal guardian) understand and agree that no confidential or fiduciary relationship is established by your submitting a short film to us hereunder.

Discharge/Payment of Obligations: By submitting your short film, you (or, if an eligible minor, your parent or legal guardian) represent(s) and warrant(s) that you have discharged or paid (or will discharge or pay) all of the following: (i) Copyright: All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, photos, clips, characteristics, dialogue, music, words appearing, used or recorded in your short film; (ii) Contracts: All obligations, of any kind, including, without limitation, those with artists and personnel, relating to purchases, licenses, laboratory contracts, distribution, exhibition, performance or use of your short film; and (iii) Guild/Union/Performing Rights Society ? Participation Payments: Any payments required to be made by any performing rights society or to any body or group representing authors, composers, musicians, artists, and other participants in the production of your short film, publishers or other persons having legal or contractual rights of any kind to participate in the receipts of your short film or to payments of any kind as a result of the distribution or exhibition of your short film and any taxes thereon or on the payment thereof.

Additional Representations: You (or, if an eligible minor, your parent or legal guardian) warrant and represent that (a) you are the sole and exclusive owner of the short film and all rights therein; (b) you have the full and exclusive right, power and authority to submit the short film and to grant us the rights to the short film herein granted upon the terms and conditions set forth herein; (c) no part of the short film has been published; (d) no rights in the short film have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (e) your short film does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights; and (f) if any short film contains persons other than yourself or third party elements not owned by you, that you have obtained express written consent to submit such short film and, if requested to do so, can produce such written consent in a form and manner acceptable to us.

Visitor Voting
All eligible short films submitted will be posted on this site for viewing by registered visitors to the site who will have the opportunity to rate the short films posted at time of login on a scale of 1 to 5. Visitors will be required to comply with all voting terms and conditions of site. Each visitor can rate a short film only once, regardless of number of times that visitor visits the site during the time in which that short film is posted.

Short Film Selection For Use on Independent Film Channel

Throughout the course of this program, submitted short films that receive the highest rating through visitor voting will be broadcast on the Independent Film Channel, subject to IFC's discretion, without payment or compensation of any kind to the owners of such short films. The number and timing of short films selected and aired on IFC will be determined by us in our sole and absolute discretion. Only those films that have received fifty (50) votes or more will be considered for broadcast.

We are not obligated to use any short film submitted, regardless of the rating it receives through visitor voting. We shall determine in our sole and absolute discretion whether or not to post and/or display, use and/or broadcast any short film submitted.

Conditions of IFC's Use/Broadcast of Short Film: If your short film is selected by us to be used in any way and/or broadcast on IFC, we will contact you by email, telephone and/or mail and you will be required to execute and return a Copyright Assignment and a liability/publicity release as well as a fully-executed release in a form and manner acceptable to us for each (i) person other than yourself who appears in your short film and/or (ii) owner of any third party element not owned by you appearing in your short film. Failure to return any of these documents within the time period specified by us, the return of any notification as undeliverable, or your noncompliance with these Terms and Conditions will result in the disqualification of your short film. If you are an eligible minor, your parent or legal guardian will be required to fulfill all obligations imposed on you set forth herein.

Grant of Rights: You (or, if an eligible minor, your parent or legal guardian) grant to us and our designees a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to make use of the short film and any person's property (physical and personal and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights, on a non-exclusive basis, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, broadcast and stream the short film in connection with any and all media now or hereafter known throughout the world, in any and all media, now or hereafter known, in perpetuity, for no additional consideration. Without limiting the foregoing, we shall have the right to use the short film in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. You (or, if an eligible minor, your parent or legal guardian) forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized.

If at any time you enter into an agreement with a third party, such as a distribution agreement, and the agreement does not permit you to show your short film on the IFC website or Independent Film Channel, you (or, if an eligible minor, your parent or legal guardian) can terminate IFC's license, effective thirty (30) days following IFC's receipt of your written notification of same, with respect to any prospective airing or other use of the short film after the effective date of termination. For the avoidance of doubt, IFC will have no obligation to cancel or recall any uses of the short film disseminated prior to thirty (30) days following IFC's receipt of your written notice of termination. All other terms and conditions shall remain in effect, to the extent applicable, including, without limitation, the Release of Liability provision.

Release of Liability: You (or, if an eligible minor, your parent or legal guardian) agree to be bound by these Terms and Conditions and our decisions, which are final and binding in all respects, and to waive any right to claim ambiguity in the program or these Terms and Conditions. You (or, if an eligible minor, your parent or legal guardian) further agree to release, discharge, indemnify and hold harmless The Independent Film Channel LLC, its parent, subsidiaries, affiliates, assigns and licensees, and their respective distributors, divisions and advertising and program agencies, each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the "Released Parties") from and against any claims, damages, costs, expenses or liability (including, without limitation, reasonable attorneys' fees) arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in the program, including, without limitaition, your breach of any terms or representations contained in these terms or the use by us of any of the rights granted by you.

Released Parties are not responsible for any computer, network, technical, typographical, printing, human or other error, problem or malfunction relating to or in connection with this program, including, without limitation, errors which may occur in connection with any program-related materials, administration of the program, the processing or displaying of short films or votes.

Released Parties are not responsible for lost, late, mutilated, inaccurate, incomplete, delayed, undelivered, misdirected or garbled submissions nor for human errors or electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submitted materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure by us to receive any submitted materials or information by reason of technical problems or traffic congestion on the Internet or at any web site or human errors or any combination thereof.

Termination: If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this program, we reserve the right at our sole and absolute discretion, to cancel, terminate, modify or suspend the program. We also reserve the right to immediately remove any short film submitted by a person who tampers with the submission process or violates these Terms and Conditions.

You (or, if an eligible minor, your parent or legal guardian) understand that by submitting your short film, others will have the opportunity to view and rate it. You (or, if an eligible minor, your parent or legal guardian) understand and agree that IFC shall have no liability or responsibility for the actions of any third parties with respect to your short film, including, without limitation, copyright infringement, idea theft or disparagement.

You (or, if an eligible minor, your parent or legal guardian) agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the program but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall you (or, if an eligible minor, your parent or legal guardian) seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the use of program of any advertising or other materials issued in connection therewith or any other use thereof.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with the program, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York. If any provision of these terms is found to be unenforceable or invalid in any context or to any extent, it shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of these terms shall not be affected thereby.

Caution: Any attempt by you to deliberately damage any web site or undermine the legitimate operation of the program may be a violation of criminal and civil laws, and should such an attempt be made, we reserve the right to seek damages from any you to the fullest extent of the law.

I (or, if an eligible minor, my parent or legal guardian) have read, understand and agree to abide by these Terms and Conditions and agree to grant all rights granted herein. I (or, if an eligible minor, my parent or legal guardian) represent(s) and warrant(s) that the short film I am submitting adheres to the guidelines set forth herein and to the submission specifications set forth on this site.

"IFC", the "IFC" logo and "The Independent Film Channel" are service marks of The Independent Film Channel LLC. (c) 2005 The Independent Film Channel LLC. All rights reserved. IFC is a network of Rainbow Media Holdings LLC, a subsidiary of Cablevision Systems Corporation.