Capturing Freedom Rules and Terms

INITIAL PROVISIONS

 

1. These regulations (hereinafter referred to as the “Contest Regulations”) are applicable to the “Capturing Freedom” Short Film Contest 2019 (hereinafter referred to as the “Contest”) organized by the Adam Mickiewicz Institute (hereinafter referred to as “AMI”) having its registered office at Warsaw, ul. Mokotowska 25, 00-560 Warsaw, Poland entered in the Register of Cultural Institutions, entry no. RIK 70/2006, tax identification number NIP: 701-00-10-966, statistical number REGON: 140470071, (hereinafter referred to as the “Organizer”) hosted by Fundacja Transatlantyk Festival (hereinafter referred to as “FTF ”) having its registered office at Łódź, Plac Wolności 591-415 Łódź, Poland entered in Register of Entrepreneurs maintained by the District Court of the City of Łódź, 20th Economic Department of the National Register of Entrepreneurs under the KRS number 0000557292, tax identification number NIP: 7252086370, statistical number REGON: 361487979 (hereinafter referred to as “FTF”).

2. The following terms used in the Contest Regulations shall have the following meanings:

  • Author – any individual aged over 18 and up to 35, a student, or a film school graduate from any country around the world being the creator (pursuant to the Act) of the Film, who submits the Film to the Contest;
  • Submittee – any individual aged over 18 and 35, a student, or a film school graduate from any country around the world who holds related rights of producers and/or author’s economic rights (pursuant to the Act) to the Film and who submits the Film to the Contest;
  • Film – a video or short film submitted by the Author or the Submittee to the Contest constituting a piece of work within the meaning of the Act;
  • Website or Websites –  www.culture.pl, www.iam.pl, and www.transatlantyk.org;
  • Website Regulations – regulations of www.culture.pl website, published therein, and regulations of www.iam.pl website published therein;
  • Act – the Act on Copyrights and Related Rights of 4 February 1994 (Journal of Laws of 2016, item 666);
  • Personal Data Protection Act – the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2016, item 922).
  1. The Contest’s term is from 27 March 2019 until 13 June 2019 as per the following time schedule:
  • 27 March 2019 – official opening;
  • 5 May 2019 by no later than 12:00 am (midnight) CET (Central European Time) – deadline for Film entries;
  • 31 May 2019 – start of the online voting where internet users select their winner;
  • 11 June 2019 by no later than 12:00 am (midnight) CET (Central European Time) – end of the online voting;
  • 13 June 2019 – announcement of the Jury’s verdict and the winner of the online voting;
  • Beginning with 14 June 2019 – contacting the Winners of Capturing Freedom Short Film Contest via e-mail; travel and accommodation arrangements for the Winners;
  • beginning with 12 July 2019 – Winners’ arrival  in Poland.

Participants are obliged to purchase their own medical insurance for their trip and duration of the stay in Poland. The Organizers shall not take any responsibility for damages or problems which may occur if participants do not adhere to the aforementioned insurance requirement;

  • from 12 to 19 July 2019 – The Capturing Freedom Short Film Contest Program in Łódź (Poland) consisting of free entries to the TRANSATLANTYK FESTIVAL in Łódź (including the Awarding ceremony), meeting with leaders of the world cinema movement and a guided tour of Łódź.

 

CONTEST PURPOSE / TERMS AND CONDITIONS

 

  1. The purpose of the Contest is to select up to three + one selected by internet users, best short films which will address the subject: “Capturing Freedom - Common Values”.
  2. Films submitted to the Contest will be assessed by an independent Contest Jury appointed by the Organizer, consisting of experts in various fields including cinema. Jury will select up to 10 films from the submitted Films that will be published on the www.culture.pl website. Selected Films will be put to the vote of internet users who will select only one Film as the winner of the special price. The winner is determined by the number of votes in an online survey.
  3. Films will be assessed according to the following criteria:
  • compliance with the Contest Regulations and the subject of the Contest;
  • fulfillment of the Contest assignment published in the Contest rules tab, i.e. correctly addressing the statement: “Capturing Freedom - Common Values”.
  1. The contest is open to all individuals who are over 18 and up to 35 years old students and film school graduates from any country around the world.
  2. Neither employees, cooperators, contractors nor business partners of the Contest Organizer, neither employees, cooperators, contractors and business partners of FTF, members of their families, members of the Contest Jury nor members of their families may participate in the Contest.
  3. The Film can be submitted to the Contest only by sending the link (YouTube, Vimeo) to the Film to the Contest Organizer via the “Film submission” form available at https://filmfreeway.com/CapturingFreedom. The Author or Submittee are entitled to encrypting the Film with a password. The Film shall be no longer than 10 minutes and not shorter than 3 minutes (including credits).
  4. For the Film to be submitted to the Contest and considered in the Contest selection, it is necessary for the Author or Submittee to provide the Film with a description (minimum 50 words) justifying the Film’s compliance with this year’s edition of the Contest.
  5. The Author or Submittee of the Film undertake to keep the original, uncompressed version of their Film and provide it to the Organizer as requested, otherwise the Film may be excluded from the Contest.
  6. By submitting the Film to the Contest, the Author or Submittee represent that they agree for the Film to be displayed on the website allowing for the online voting to take place.
  7. By submitting the Film for the Contest, the Author or Submittee represent that they have accepted all terms and conditions of the Contest Regulations, the Website Regulations and grant the FTF and AMI a non-exclusive licence to author’s economic rights and related rights.
  8. The Author or Submittee may submit the Film for the Contest provided that:
  • The Film is submitted to the Contest by the Author or Submittee construed in accordance with point 2 of these regulations;
  • The Author holds all copyrights and related rights and ownership titles to the Film (including ownership titles to the music used in the Film);
  • The Submittee holds related rights of the producer and/or economic rights;
  • Any ownership rights and related rights to the Film have not been in any way limited due to third party rights;
  • The Author or Submittee have obtained consents of all persons appearing in the Film, to use their image (to publish, distribute) in all fields of use referred to in point 27 of the Contest Regulations (the Organizer is entitled to verify consents held by the Author or Submittee);
  • The Film has not been commissioned as paid work by the Author or any other person;
  • The Film has not been made with involvement of the Contest Jury, members of Organizer and/or FTF or the Organizer’s staff or members of their families;
  • The Film should not explicitly display or refer to any other for profit companies or product names, brands, trademarks or logos of the Contest Regulations;
  • The Film cannot contain any offensive material or any elements such as nudity, pornographic scenes, graphically violent imagery, or material that is racially insensitive, profane, slanderous, disparaging to any person or third party, offensive to good taste, discriminatory on the basis of sexual orientation, religion or race or any subject which is contrary to the interests of Organizer or contain anything that is contrary to the interests of any of the Contest’s Authors.
  1. Films which violate the Contest Regulations, Website Regulations, legal regulations or generally acceptable practices shall not be admitted to the Contest. The Organizer reserves the right to decide on whether a Film will be admitted for the Contest or not.
  2. By submitting the Film to the Contest, the Author or Submittee represent that they hold all copyrights and related rights (in particular moral rights and author’s economic rights) to the Film as well as to all pieces of work making up the Film and that they hold the rights to any insertions, music, or representations used in the Film. The Author shall use the same in a manner set forth in point 27 of the Contest Regulations. The Author represents that they have obtained consent of people whose image has been used in the Film for the use of their images (publication, distribution) in the way specified in point 27 of the Contest Regulations.
  3. By submitting the Film to the Contest, the Author or Submittee consent for the Film to be published on contest partners’ websites for contest promotion purposes.
  4. By submitting the Film for the Contest, the Author or Submittee authorize FTF and the Organizer to perform the following activities:
  • save and store the Film on FTF’s and the Organizer’s computers and servers;
  • digitally process the Film in order to adapt it to the Contest requirements;
  • publish and distribute the Film free of charge through the Website;
  • make discretionary decisions on behalf of the Author as to the first public distribution of the Film.
  1. If any claims are sought against FTF and/or the Organizer by any third parties for alleged breach of any of their rights in relation to the Film submitted to the Contest, in particular for:
  • a breach of such party’s moral rights or author’s economic rights of third parties to the Film;
  • a breach of any other third party rights to the Film (e.g. rights to the content, music, materials, or representations embedded in the Film), FTF and/or, accordingly, the Organizer shall notify the Author or Submittee of the same. The Author or Submittee shall promptly undertake all possible efforts in order to clarify the situation and subrogate FTF and/or the Organizer in the legal proceeding or join FTF and/or the Organizer in its participation in such legal proceeding as a third-party respondent as well as shall refund all costs incurred by FTF and/or the Organizer related to the breach of third party rights, in particular costs of legal services, costs related to legal representation, costs of legal procedures and costs related to satisfaction of judgment regarding the breach of third party rights, on the first demand FTF and/or the Organizer.
  1. FTF and/or the Organizer shall promptly notify the Author or Submittee about any claims filed by third parties against FTF and/or the Organizer arising in connection with violation of their rights, either via the Website, by e-mail or any other means of communication.

 

CONTEST WINNERS AND AWARDS

 

  1. The Organizer reserves the right to contact only those Authors or Submittees of Films, which have been awarded or distinguished in the Contest. The Organizer shall contact the Author or Submittee by any means of communication, using for this purpose contact details provided in the Film submission form.
  2. Both the Organizer and FTF are authorized to publish on their Websites the first name, last name, and the nickname of the Author or Submittee, whose Film has been awarded or distinguished in the Contest.
  3. If the Author or Submittee provide incorrect or incomplete details in the Film submission form, this will constitute the basis for the Film’s exclusion from the Contest, even if this takes place after the Contest winner selection.
  4. Up to three best Films will be chosen by the Jury panel + one selected by internet users. The winners will be awarded a trip to Poland, accommodation during TRANSATLANTYK FESTIVAL in Łódź from 12 to 19 July 2019 and participation in the meeting with leaders of the world cinema and a guided tour of Łódź and an in-kind prize.
  5. The Organizer reserves the right to award fewer prizes than listed in point 22 of the Contest Regulations.
  6. Decisions of the Contest Jury are final and are not subject to appeal. The information on the Contest Jury decision shall be published on the Websites.
  7. Prizes will be released after the Author or Submittee sign and provide the Organizer with an agreement regarding the transfer of author’s economic rights to the Film onto FTF and AMI according to the Website Regulations. Failure to sign the said agreement by the Author shall result in the Film being excluded from the Contest. Tue Organizer shall contact awarded Authors or Submittees after the Jury’s decision has been announced.
  8. If a Film which has been awarded or distinguished is excluded from the Contest, the prize or the distinction awarded to the Author of that Film shall be cancelled. If the prize or the distinction have already been transferred, the Author of the Film who has received the prize or the distinction shall return the same within 30 days from the date of the demand to do so.

 

TRANSFER OF COPYRIGHTS

 

  1. Upon signing the agreement referred to in point 25 of the Contest Regulations, the Organizer shall acquire ownership title to the medium on which a copy of the Film has been recorded along with a licence to author’s economic rights and related rights to the Film in the following fields of use:
  • reproducing using any technology (in any system, format, and in any medium), including in print, on photographic film, on magnetic tape, digital recording;
  • introducing onto the market;
  • introducing to computer memories, computer networks and/or multimedia networks and databases;
  • making available to the public so that anyone can have access to the Film at a time and in a place of their choice (including on the Web, e.g. on any websites, either against a fee or free of charge, available inter alia in the form of downloads, streaming, in IPTV, ADSL, DSL formats or otherwise), as well, as in any telecommunication services, using any systems and equipment (e.g. fixed-line telephones or mobile telephones, mobile and non-mobile computers as well as using any available technologies, by means of telecommunication data networks);
  • public screening (display);
  •  
  • lending, renting, leasing;
  • distribution and dissemination in IT, telecommunication or data networks, in particular using such technologies as ADSL, DSL, xDSL, Ethernet;
  • using for marketing, promotional and advertising purposes.
  1. Upon the agreement referred to in point 25 of the Contest Regulations the Author or Submittee agree to the disposition and use of the Film derivative works or any parts thereof by FTF and the AMI and to exercise derivative copyrights to the Film by FTF and AMI (in particular the right to translate, free rework, rearrangements and adaptations of the Film).

 

PERSONAL DATA PROCESSING

 

  1. When submitting the Film to the Contest, the Author or Submittee shall provide details necessary for their correct participation in the Contest and conducting the Contest.
  2. Submission of the Film to the Contest shall be construed as consent being given by the Author or Submittee for the processing of their personal data included in the submission form for the purpose and within the scope referred to in point 33 of the Contest Regulations.
  3. Both FTF and the Organizer shall act as an administrator of the personal data provided by the Author or Submittee, pursuant to the Personal Data Protection Act of 1997.
  4. In order to fulfill the notification obligation under Art. 24.1 of the Personal Data Protection Act, FTF and/or the Organizer hereby notify that:
  • the full name of FTF is Fundacja Transatlantyk Festival Łódź Plac Wolności 5 91-415 Łódź, Poland;
  • the full name of the Organizer is Instytut Adama Mickiewicza with its registered office in Warsaw, at ul. Mokotowska 25, 00-560 Warsaw, Poland;
  • personal data of Authors and/or Submittees are collected by both the Organizer and FTF for the purposes of ensuring correct execution of the Contest;
  • submission of the personal data by Authors or Submittees is voluntary.
  1. By submitting the Film to the Contest, the Author or Submittee agree and acknowledge the following:

 

  • the administrator of the personal data is the Organizer (with its registered office in Warsaw, ul. Mokotowska 25, 00-560 Warsaw), as well as FTF (with registered office at Łódź, Plac Wolności 591-415 Łódź, Poland);
  • personal data of the Author or Submittee shall be processed exclusively for the purpose of correct execution of the Contest;
  • the Author is entitled to access their personal data and have them corrected;
  • submission of the personal data is voluntary.

 

  1. Personal data contained in the Film submission form are processed within the necessary extent in accordance with legal provisions and in particular in accordance with the Personal Data Protection Act of 1997.
  2. By submitting the Film for the Contest, the Author or Submittee consent for their data to be used by the Organizer and FTF for marketing, advertising, promotional and informational purposes.

 

DISCLAIMERS

 

  1. Participation in the Contest shall be only at the expense and risk of the Author or Submittee. The Author shall cover all costs related to making the Film and its correct submission to the Contest.
  2. Both the Organizer and FTF shall not be liable whatsoever for the content of the Film, in particular for any violation of third party rights or binding laws by the Author.
  3. A violation of the Website Regulations shall be deemed a breach of the Contest Regulations.
  4. The Author or Submittee is not entitled to raise any claims for acceptance or exclusion of the Film from the Contest by FTF and/or the Organizer.
  5. Both the Organizer and FTF state that whenever requested by any court or competent law enforcement authorities they shall provide all information about the Author or Submittee at their disposal, including the IP address of the Author or Submittee, from which the Film was submitted to the Contest.
  6. Both the Organizer and FTF reserve the right to reject from the Contest (even after the Contest winner selection) any of the Films, which in view of the Organizer or FTF violate any third party rights (in particular copyrights or image rights protection) or which breach the Contest Regulations, Website Regulations, legal regulations or generally accepted practice. The Organizer may reject the Film from the Contest at its sole discretion.
  7. The Organizer reserves the right to accept the Film for the contest after the expiry of the final submission date, however no later than after 24 hours following the expiry of the Film submission date.
  8. The Organizer reserves the right to cancel the Contest without providing a reason. Authors or Submittees shall not be entitled to raise any claims against FTF and/or the Organizer for the cancellation of the Contest.
  9. The Contest is not gambling in the meaning of the Act of 19 November 2009 on Gambling (Journal of Laws of 2016, item 471).

 

PERSONAL DATA

 

  1. By entering the Contest, the Author or Submittee agree for their personal data to be processed by the Organizer for the purposes set forth in §5.2 of the Contest Regulations.
  2. Pursuant to Art. 13 of the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as the GDPR, we hereby inform as follows:

1)  Adam Mickiewicz Institute with its registered office at ul. Mokotowska 25, Warsaw (00-560) is the administrator of personal data of the Author or Submittee.

2)  to contact the Data Protection Supervisor at AMI please write an email to: [email protected].

3)  personal data of the Author or Submittee shall be processed with regard to:

a) concluding, performing, and settling the Contest pursuant to Art. 6.1.b and f of the GDPR;

b) for the purposes set forth in these Contest Regulations – on the basis of the consent granted by the Contest Participant i.e. Art.6.1.a of the GDPR;

4) Personal data of Contest Participants shall be kept by AMI throughout the term and settlement period of the Contest, and during the obligatory record-keeping period set in accordance with separate provisions.

5) If the consent to process personal data is granted, the Author and/or Submittee hold the right to withdraw their consent in any time. The withdrawal of the consent shall not affect the lawfulness of previous data processing.

6) Recipients of personal data of the Author and/or Submittee shall be providers of IT systems and software services of the Administrator, external providers of services to the Administrator and entities authorized to obtain personal data in accordance with legal provisions (including public administration bodies).

7) The Author and/or Submittee hold the right to access their personal data; the right to edit, delete, and limit its processing; the right to transfer data; the right to appeal in cases specified in the provisions of GDPR.

8) The Author and/or Submittee hold the right to appeal to the Chairperson of the Personal Data Protection Office should they  decide that the processing of their personal data has violated the GDPR provisions.

 

FINAL PROVISIONS

 

  1. The provisions of the Contest Regulations shall be construed and applied in accordance with provisions of applicable laws.
  2. Prior to submitting the Film to the Contest, the Author or Submittee shall familiarize themselves of the Websites Regulations of the Organizer and the Contest Regulations. The submission of a Film to the Contest shall be deemed as acceptance of the Website Regulations and the Contest Regulations by the Author or Submittee.
  3. The Organizer reserves the right to amend the Contest Regulations at any time. Should the Contest Regulations be amended by the Organizer, the amended Contest Regulations shall become effective upon being published on the Website. Any amendments to the Contest Regulations shall be notified by the Organizer to Authors or Submittees by posting relevant information on the Website or by e-mail. If the Author or Submittee refuses to accept amendments introduced to the Regulations, the Author or Submittee may request their Film to be withdrawn from the Contest. The request should be made in writing or via email. If the Author or Submittee fail to request withdrawal of their Film from the Contest within 7 days from the date when amendments to the Contest Regulations are introduced, this shall imply that all amendments to the Contest Regulations have been accepted.
  4. These Contest Regulations are governed by the Polish law. The Parties shall make every effort to resolve all disputes arising in connection with these Contest Regulations by negotiations or settlement. In the event of their efforts being unsuccessful, the disputes shall be submitted for resolution to the common court having jurisdiction over the Organizer registered office.
  5. To any matters not regulated in the Contest Regulations relevant legal regulations shall apply.

The Contest Regulations were published on 27.03.2019 on The Capturing Freedom Short Film Contest website.