Contest Regulations: Capturing Freedom 2018

INITIAL PROVISIONS

1. These regulations (hereinafter referred to as the “Contest Regulations”) are applicable to the “Capturing Freedom” Short Film Contest 2018 (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 the 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, XX Economic Department of the National Register of Enterpreneur 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:

  • a) Author – any individuals aged over 18 and up to 35, students and film school graduates fromany countries around the world, being the creator (pursuant to the Act) of the Video, who submits the Video for the Contest,
  • b) Video – a video or short film submitted by the Author for the Contest, constituting a piece of work pursuant to the Act,
  • c) Website or Websites –  www.culture.pl website, www.iam.pl website and www.transatlantyk.org website,
  • d) Website Regulations – regulations of www.culture.pl website, published on the website,
  • e) Act – the Act on copyrights and related rights of the 4th of February 1994 (Journal of Laws /Dz. U./ of 2016, item 666,),
  • f) Personal Data Protection Act – the Personal Data Protection Act dated the 29th of August 1997 (Journal of Laws /Dz. U./ of 2016, item 922).

3. The Contest’s duration is from the 5th of March 2018 until the 20th of July 2018 as per the following time schedule:

  • a) the 5th of March, 2018 – official opening;
  • b) the 5th of June, 2018 by no later than 12:00 am (midnight) CET (Central European Time) – deadline for video entries;
  • c) the 8th of May, 2018 – start of the Jury assessment process;
  • d) the 18th - 24th of June, 2018 by no later than 12:00 am (midnight) CET (Central European Time) – internet voting for the internet winner;
  • e) the 24th of June, 2018 – end of the competition and 25st of June, 2018 the winners announcement;
  • f) the 25th of June, 2018 – contact with the Winners of Capturing Freedom Short Film Contest; travel and accommodation arrangements for the Winners;
  • g) the 13th of July, 2018 - 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 will not take any responsibility for damages or problems which may occur if participants do not adhere to the aforementioned insurance requirement.
  • h) 13th – 20th of July, 2018 – The Capturing Freedom Short Film Contest Program in Łódź (Poland) consisting of free entries to the TRANSATLANTYK FESTIVAL in Łódź (including the Award ceremony), meeting with leaders of the world cinema movement and a guided tour of Łódź.

CONTEST PURPOSE AND CONDITIONS

4. 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 – Creating the Future”

5. Videos 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 Culture.pl profile on Facebook or 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 cast in the form of clicking “like” and “love” emoticons, which express positive emotions clearly. If the voting is organized on Facebook or by casting a vote in a survey if the voting is organized on a website.

6. Videos will be assessed according to the following criteria:

  • a) compliance with the Contest Regulations and the subject of the Contest,
  • b) fulfillment of the contest assignment published in the Contest rules tab, i.e. correctly addressing the statement: Capturing Freedom – Creating the Future.

7. The contest is open to all individuals who are over 18 and up to 35 years old students and film school graduates fromany countries around the world.

8. 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.

9. The Video can be submitted for the Contest only by sending the link (YouTube, Vimeo) to the Video to the Contest Organizer via the “Film submission” form, available on the Website. The Author is entitled to encrypting the Video with a password. The Video shall be no longer than 10 minutes and not shorter than 5 minutes (including credits).

10. Authors of Videos undertake to keep original, uncompressed versions of their Videos and provide them to the Organizer as requested, otherwise their Video may be excluded from the Contest.

11. By submitting the Video for the Contest, the Author declares to have accepted all provisions of the Contest Regulations, the Website Regulations and grants the FTF and AMI a non-exclusive licence to author’s economic rights and related rights.

12. The Author may submit her/his Video for the Contest, provided that:

  • a) The Video is submitted for the Contest by the Author in person,
  • b) The Author holds all copyrights and related rights and titles to the Video (including titles to the music used in the video),
  • c) Any proprietary copyrights and related rights to the Video have not been in any way limited, in particular for account of a third party,
  • d) The Author has obtained consents of all persons appearing in the Video, allowing the Author to use (publish, distribute) such person’s images in all fields of use referred to in item 27 of the Contest Regulations (the Organizer is authorized to verify consents held by the Author),
  • e) The Video has not been commissioned as paid work by the Author nor by any other person,
  • f) The Video has not been made with involvement of the Contest Jury, members of Organizer’s and/or FTF’s or the Organizer’s staff nor members of their families,
  • g) The Video should not prominently display or refer to any other for profit companies' or product names, brands, trademarks or logos,
  • h) The Video 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 Contests Author.

13. Videos which violate the Contest Regulations, Website Regulations, legal regulations or generally acceptable practice shall not be admitted to the Contest. The Organizer shall decide on whether a Video will be admitted for the Contest or not.

14. By submitting the Video for the Contest, the Author declares to hold all copyrights and related rights (in particular: moral and proprietary copyrights) to the Video as well as to all pieces of work making up the Video and that it holds the rights to any insertions, music or representations used in the Video and to use the same in the way referred to in item no. 27 of the Contest Regulations, as well, as that it has obtained the consent of people whose images are used in the Video for the use of their images (publication, distribution) in the way specified in item 27 of the Contest Regulations.

15. By submitting the Video for the Contest, the Author consents for its Video to be published on contest partners’ websites for contest promotion purposes.

16. By submitting the Video for the Contest, the Author authorizes FTF and the Organizer to perform the following activities:

  • a) save and store the Video on FTF’s and the Organizer’s computers and servers,
  • b) digitally process the Video in order to adapt it to the Contest requirements,
  • c) publish and distribute the Video free of charge through the Website,
  • d) make discretionary decisions on its behalf as to the first public distribution of the Video.

17. If any claims are sought against FTF and/or the Organizer by any third parties referring to alleged breach of any of their rights in relation to the Video submitted for the Contest, in particular for:

  • a) a breach of such party’s moral rights or proprietary copyrights to the Video,
  • b) a breach of any other rights to the Video that the party may be entitled to (e.g. rights to the content, music, material or representations embedded in the Video), FTF and/or – accordingly - the Organizer shall notify the Author of the same and the Author 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 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.

18. FTF and/or the Organizer shall promptly notify the Author on any claims filed by third parties against FTF and/or the Organizer resulting from breaches of their rights, either through the Website, by e-mail or otherwise.

CONTEST WINNERS AND AWARDS

19. The Organizer reserves the right to contact only those Authors of Videos, which will be awarded or distinguished in the Contest. The Organizer shall contact the Author by any means of communication, using for this purpose contact details provided in the Video submission form.

20. Both, the Organizer and FTF are authorized to publish on their Websites the first name, last name and the nickname of the Author, whom Video will be awarded or distinguished in the Contest.

21. If the Author provides incorrect or incomplete details in the Video submission form, this will constitute a basis for the Video exclusion from the Contest, even if this takes place after the Contest winner selection.

22. Up to three Best Videos will be chosen by the Jury panel + one selected by internet users and awarded a trip to Poland, accommodation during TRANSATLANTYK FESTIVAL in Łódź in July, 13th – 20th, 2018, meeting with polish film industry leaders of the world cinema movement and a guided tour of Łódź and the in-kind.

23. The Organizer reserves the right to award less prizes than listed in item 22 of the Contest Regulations.

24. 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.

25. Prizes will be released after the Author signs and provides to the Organizer an agreement regarding Author’s assignment of author’s economic copyrights to the Video onto FTF and AMI according to the Website Regulations. Failure to sign the agreement by the Author shall result in the Video being excluded from the Contest. Organizer contacts awarded Authors after the Jury decision.

26. If a Video, which has been awarded or distinguished, is excluded from the Contest, this shall imply that the prize or the distinction awarded to the Author of that Video is cancelled and if the prize or the distinction has already been paid, the Author of the Video, who 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

27. At the time when the agreement referred to in item 25 of the Contest Regulations is signed, the Organizer shall acquire ownership of the medium, on which a copy of the Video is recorded along with licence to author’s economic rights and related rights to the Video on the following fields of use:

  • a) reproducing using any technology (in any system, format and on any medium), including in print, on photographic film, on magnetic tape, digitally,
  • b) Introducing into market,
  • c) introducing to computer memories, computer networks and/or multimedia networks, databases,
  • d) making publicly available in such way so that anyone can access the Video at a time and in a place of their choice (including on the Web, e.g. on any webpages or websites – either against a fee or free of charge, available inter alia in the form of downloads, streaming, IPTV, ADSL, DSL 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),
  • e) public  screening (displaying),
  • f) broadcasting
  • g) lending, renting, leasing,
  • h) distribution and dissemination in IT, telecommunication or data networks, in particular using such technologies as ADSL, DSL, xDSL, Ethernet,
  • i) using for marketing, promotional and advertising purposes.

28. In the agreement, referred to in item 25 of the Contest Regulations, the Author agrees to the disposition and use of the Video derivative work or any parts thereof by FTF and the Organizer and to exercise derivative copyrights in the Video or any parts thereof, and also grants FTF and AMI the right to allow for derivative copyrights in the Video (in particular the right to translate, free rework, rearrangements and adaptations of the Video) being exercised.

PERSONAL DATA PROCESSING

29. When submitting the Video for the Contest the Author shall provide details necessary for its correct participation in the Contest and conducting the Contest.

30. Submission of the Video for the Contest shall be interpreted as consent being given by the Author for the processing of its personal data included in the Video submission form for the purpose and within the scope referred to in item 33 of the Contest Regulations.

31. Both, FTF and the Organizer shall act as an administrator of the personal data provided to it by Authors, pursuant to the Personal Data Protection Act 1997.

32. In order to fulfill the notification obligation under art. 24 par. 1 of the Personal Data Protection Act, FTF and/or the Organizer hereby notify that:

  • a) the full name ofFTF is “Fundacja Transatlantyk Festival Lódź Plac Wolności 5 91-415 Łódź, Poland.
  • b) the full name of the Organizer is the Adam Mickiewicz Institute with its registered office in Warsaw, at Mokotowska Str. 25, 00-560 Warsaw,
  • c) personal data of Authors are collected by both, the Organizer and FTF for the purposes of ensuring correct execution of the Contest,
  • d) submission of the personal data by Authors is voluntary.

33. By submitting the Video for the Contest, the Author agrees and acknowledges that:

  • a) the administrator of the personal data is the Organizer (with registered office in Warsaw, Mokotowska Str. 25, 00-560 Warsaw), as well as FTF (with registered office at Łódź, Plac Wolności 591-415 Łódź, Poland),
  • b) the Author’s personal data shall be processed exclusively for the purpose of correct execution of the Contests,
  • c) the Author is entitled to access their personal data and have them corrected,
  • d) submission of the personal data by Authors is voluntary.

34. Personal data contained in the Video submission form are processed in the necessary extent, in accordance with legal provisions and in particular pursuant to the Personal Data Protection Act 1997.

35. By submitting the Video for the Contest, the Author consents for their data to be used by the Organizer as well as by FTF for marketing, advertising, promotional and announcement purposes.

DISCLAIMERS

36. Participation in the Contest shall be only at the expense and risk of the Author. The Author shall cover all costs related to making the Video and its correct submission for the Contest.

37. Both, the Organizer and FTF shall not be liable whatsoever for the content of Videos, in particular for any Authors’ violation of rights of any third party or provisions of applicable laws.

38. A violation of the Website Regulations shall be deemed a breach of the Contest Regulations.

39. The Author is not entitled to any claims for failure to accept or exclusion of the Video from the Contest by FTF and/or the Organizer.

40. Both, the Organizer and FTF state that whenever requested by any court or competent law enforcement authorities it will provide all of information about the Author held by it, including the IP address of the Author, from which the Video was submitted for the Contest.

41. Both, the Organizer and FTF reserve the right to reject from the Contest (even after the Contest winner selection) any of the Videos, which in view of the Organizer or of FTF violate rights of any third parties (in particular copyrights or image rights protection) or which breach the Contest Regulations, Website Regulations, legal regulations or generally accepted practice. The Organizer may at its sole discretion reject the Video from the Contest.

42. The Organizer reserves the right to accept the Video for the contest after the expiry of the final submission date, however not later than after 5 days following the expiry of the Video uploading date.

43. The Organizer reserves the right to cancel the Contest without providing a reason for this. Authors shall not be entitled to any claims against FTF and/or the Organizer for the cancellation of the Contest.

44. The Contest is not gambling in the meaning of the act dated 19th of November 2009 on gambling (Journal of Laws /Dz. U./ of 2016, item 471).

FINAL PROVISIONS

45. The provisions of the Contest Regulations shall be construed and applied in line with provisions of applicable laws and regulations.

46. Prior to submitting the Video for the Contest, the Author shall familiarize themselves of the Websites Regulations and the Contest Regulations. The submission of a Video for the Contest shall be also deemed as acceptance of the Website Regulations and the Contest Regulations by the Author.

47. The Organizer reserves the right to amend the Contest Regulations at any time. In the case that the Contest Regulations are 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 by posting relevant information on the Website or by e-mail. If the Author refuses to accept amendments introduced to the Regulations, the Author may request its Video to be withdrawn from the Contest. The request should be in writing or via email. If the Author fails to request withdrawal of its Video from the Contest within 7 days from when amendments to the Contest Regulations are introduced, this shall imply that all amendments to the Contest Regulations have been accepted.

48. This Contest Regulations is governed by the Polish law. The Parties shall make every effort to resolve all disputes arising in connection with this 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.

49. Any matters not regulated in the Contest Regulations shall be subject to relevant legal regulations.

50. The Contest Regulations were published on the 5th of March, 2018 on The Capturing Freedom Short Film Contest website (https://iam.pl/en/capturing-freedom)