Terms and Conditions

 

Please read the following as submission of your films will constitute acceptance of all the Terms and Conditions.

 

In particular, please note the following:

  • It is your responsibility to ensure that any images in your entry have been taken with the permission of the subject and do not infringe the copyright of any third party.
  • No individual tobacco company may be named in your film.
  • There is no limit on the number of young people per filmmaking group but please note there are only prizes for up to six filmmakers.

Terms & Conditions

By submitting your film entry (your “Entry”) to the Cut Films competition (the “Competition”) you shall be deemed to have accepted all of these Terms and Conditions in full.  If you do not accept the Terms and Conditions in full, you must not submit an Entry to the Competition.

 

Closing Date

You must submit your film by 18 May 2018 (the “Closing Date”).  Entries received after the Closing Date will not be considered. Closing dates for regional competition will vary.

 

Third Party Rights

Cut Films xxx (the “Charity”) reserves the right to reject any Entries that infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right, ( the “Intellectual Property”) of others, are defamatory or for any other reason.

 

In particular:

It is your responsibility to ensure that any images in your Entry have been taken with the permission of the subject and do not infringe the copyright of any third party.

No individual tobacco company may be named in your film.

 

Content of Entries

The Charity reserves the right to reject any Entry that it considers to contain unduly prominent or inappropriate sexual behaviour, language, nudity, obscenity, violence, commercial reference or any Entry that the Charity, in its absolute discretion, considers to be harassing, threatening or in any other way unsuitable for the Competition.

 

Eligibility of entrants

You must be aged 25 or under on the date of submission of your Entry.

The Charity reserves the right to verify the eligibility of all entrants.

 

There is no limit on the number of young people per filmmaking group but please not there are only prizes for up to six filmmakers.

 

You are not entitled to enter the Competition if you are resident in a country and/or jurisdiction where the Competition may breach any law or regulation.  Where this applies, the Charity’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.

 

The Charity reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breach any of these Terms and Conditions.

 

The address you provide with your Entry will be used to send you notification of any prizes.  You should ensure that it is correct.

 

Decisions and Disputes

The judges’ decisions in all matters are final.

In the event of any dispute regarding the Terms and Conditions, conduct, results or any other matters relating to the Competition, the decision of the Charity is final and no correspondence or discussion will be entered into.

 

License

In consideration of The Charity permitting you to submit your Entry and enter the Competition, you grant to The Charity, from the date of submission of your Entry in perpetuity, an exclusive, worldwide, royalty-free, sub-licensable right and licence to:

 

(a) use, host, reproduce, edit, publish, distribute, transmit, display, copy, alter, store, re-format, broadcast and/or otherwise communicate and/or make available to the public and otherwise make use of the Entry or part thereof in any and all media now known or hereafter devised, including but not limited to cinemas, linear television, television video on demand, multimedia distribution systems, the internet, internet TV, and mobile/handheld devices;

(b) use any trade marks, service marks or trade names (e.g. brand names, logos) incorporated in your Entry;

(c) use the name and likeness of any individuals represented in your Entry; and

(d) use your name in any publicity pertaining to the Competition.

In addition, you agree to waive all so-called “moral rights” to your Entry. (This is so The Charity can, for example, showcase excerpts of your Film alongside excerpts of other filmmakers’ Entries for promotions at a later date).

 

If your Entry is selected for the shortlist, you undertake to execute, or ensure the execution of, whatever further documents The Charity requires from time to time for the purpose of giving The Charity the full benefit of this licence.

 

For the avoidance of doubt, the Charity shall not be obliged to use any or all of the content licensed to it under this Licence.

 

Warranties

You represent, warrant and agree that:

 

  1. a) You have full power and authority to agree to these Terms and Conditions.
  2. b) Your Entry is your own work and you own the copyright for it.
  3. c) You have the necessary rights, licences, consents, permissions, authority or approvals to grant to the Charity the rights set out in the above Licence.
  4. d) Your entry does not infringe the Intellectual Property of any third party.
  5. e) You are entitled to grant to The Charity the rights set out in the above licence;
  6. f) No Entry (or part thereof) submitted by you will: (i) be defamatory, abusive or offensive; (ii) constitute a misuse of any confidential information of a third party; (iii) advertise, promote or endorse any products or services; (iv) adversely affect the reputation of The Charity; (v) be false or misleading or omit information that should be disclosed by you ; (vi) contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software or hardware or telecommunications equipment or (vii) encourage illegal activities;
  7. g) Any necessary consent, waiver, clearance, licence or approval required for The Charity to make use of your Entry as set out in the above licence has been obtained and that any fees or payments relating thereto have been paid;
  8. h) The Charity’s use of your Entry according to the Licence shall not infringe the Intellectual Property of any third party.
  9. i) If you become aware that any part of your Entry infringes the Intellectual Property of any third party, you shall notify the Charity in writing and the Charity shall be entitled to modify or disqualify your Entry, as it deems fit;
  10. j) You have not entered into, nor will you enter into, any agreement or arrangement which could conflict with your obligations to The Charity under these Terms and Conditions and;
  11. k) You grant the Charity the exclusive right to, and sole discretion whether to, take actions to enforce its Intellectual Property in your Entry against threatened or actual infringements.

 

Limitations Of Liability

(a) The Charity shall not be responsible for any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof.

(b) The Charity accepts no responsibility for: (a) lost, late or undelivered entries, notifications or communications; or (b) any event which may cause the Competition to be disrupted or corrupted.

 

Data Protection

To the extent that any data supplied by you (such as your name, email address, gender and age) while using the Charity website are personal (as defined in any relevant data protection legislation), such data will only be used by The Charity in accordance with applicable Data Protection legislation for the time being in force in the UK and EU. Your personal data will not be used in any other way without your consent.

 

Data relating to entrants will be retained by the Charity for a reasonable period after the Competition closes, to deal with any queries.

 

You grant the Charity the right to use your name in any publicity pertaining to the Competition.

 

Indemnity

You shall indemnify and hold the Charity harmless from and against all losses, costs, expenses (including without limitation, reasonably incurred legal costs, fees and expenses) actions, proceedings, claims, demands and damages of any nature whatsoever arising from your participation in the Competition and the use by the Charity of the its rights over your Entry, as contemplated under the License.

 

Publicity

By entering the Competition, you agree to be named in the media and to participate in as many promotional and press activities as the Charity may request you to before, during and after the awards ceremony, (e.g. media interviews and photo opportunities).

 

If you’re one of the shortlisted film-makers, The Charity expects you to attend the awards ceremony. The Charity can not reimburse for travel expenses.

 

Responsibility for Entries

The Charity does not take responsibility for any loss or damage to an Entry or such Entry’s delivery materials.  You will be sending your delivery materials at your own risk.

 

Proof of submission of Entry shall not be proof of receipt. Receipt time will be based on time clocked on the Charity’s Cut Films website server.

 

The Charity does not accept responsibility for the return of any entries, including those consisting of artistic or other material.

 

All taxes, insurances, transfer costs, spending money and any other expenses incurred in entering the Competition or afterwards, in the case of a prize winner, are the sole responsibility of the entrant.

 

Miscellaneous

The Charity reserves the right to amend the Competition or these Terms and Conditions at any time without notice.

 

Events may occur that render the commencement, continuation, completion or closing of the Competition or the award of prizes impossible, due to reasons beyond the reasonable control of the Charity.  Such events would include a catastrophe, civil or military disturbance, actual or anticipated breach or any law or regulation or any other event deemed by the Charity to render the continuing of the Competition or the award of prizes impossible.  No liability whatsoever shall attach to the Charity as a result of the cancellation of the Competition or the cancellation of the award of prizes in such circumstances.

 

Notwithstanding the above, the Charity may conclude, in its absolute discretion, to curtail, abandon, alter or withdraw the Competition at any stage.  No liability whatsoever shall attach to the Charity as a result of the cancellation of the Competition or the cancellation of the award of prizes in such circumstances.

 

There is no winner of the Competition until one is announced by the Charity.

The Charity does not accept responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize.

 

The Charity reserves the right at its sole discretion to: (a) disqualify any individual who tampers with the entry process (including but not limited to any unauthorised use of any computer program, script, or any other device intended to automate any aspect of the entry and voting process).

 

The Charity reserves the right at its sole discretion to: disqualify any individual or group who uses negative tactics or communications to intimidate other competition entries and individuals / groups.

 

By entering the Competition, you give The Charity permission to contact you from time to time with essential updates about the Competition and, of course, contact you if you’ve won.

 

Prizes are non-transferable and there is no cash alternative.

 

Governing Law

These Terms and Conditions shall be governed by and in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.

 

Relationship between the Parties

Nothing in these Terms and Conditions will constitute a partnership between the Charity and any entrant nor create any fiduciary relationship, nor constitute any party acting as the agent for another.  No entrant shall have the power to obligate or bind the Charity in any manner whatsoever.

 

Entire Agreement

These Terms and Conditions constitute the whole and only agreement between the parties relating to the subject matter of these Terms and Conditions.

You acknowledge that in accepting these Terms and Conditions, you are not relying upon any pre-contractual statement which is not part of the Terms and Conditions.

 

Third Party Rights

These Terms and Conditions are made solely between the Charity and the entrants and are not intended to be for the benefit of or enforceable by any other person, whether under the contracts (Rights of Third Parties) Act 1999 or otherwise, and no entrant can declare him/herself a trustee of the rights under these Terms and Conditions for the benefit of any such person.

 

For the purposes of the Copyright Designs Act 1988 and the Performer’s Act 1958-1972, it is understood that the sole right of permitting of broadcasting, recording, filming and photography of any events which form part of the competition, is vested in the holder of the competition, and that all competitors and contributors accept this right as a condition of entry of performance.

 

The entrant will obtain copyright clearance of the content of the film and will provide Cut Films with evidence of these clearances on request. If the film includes pictures of a person under the age of 18 years, then the signature of their parents or guardian is required on the entry form (Performance Protection Acts 1958-1972)