Contest Terms

Quick Film Budget, Inc. Contest Submission Agreement

Thank you for your interest in being a part of the Quick Film Budget contest (the "Contest"). Any submission of material to Quick Film Budget, Inc. and or any of its affiliates or subsidiaries (collectively “Quick Film Budget”) is subject to the terms and conditions of this submission agreement (the “Agreement”).Before submitting any material (“Content”) to Quick Film Budget, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Capitalized terms shall have the meaning set forth in this Agreement.

Effective immediately, you (“Contestant”) and Quick Film Budget hereby agree as follows:

  1. Eligibility. Contestant is presently at least eighteen (18) years of age. Contestant is not a member of the Writers Guild of America (“WGA”), and has no other restrictions or obligations that prevent him/her from legally fulfilling all promises and obligations in this Agreement.
  2. Contest Term. Contest begins at 12:00:00 am Pacific Time (“PT”) on October 12, 2010 and ends at 11:59:59 pm PT on December 20, 2010 (the “Contest Term”).
  3. Submission. Contestant shall submit a script, no longer than 5 pages, for a 5-minute Web video, short film, or short video (“Material”) to Quick Film Budget via Quick Film Budget’s website www.QuickFilmBudget.com or its sub-pages (collectively the “Web Site”) for review by Quick Film Budget in connection with the Contest. The submission of the Material is voluntary, and no confidential or fiduciary relationship between Quick Film Budget and Contestant exists or is being created by the Agreement or by the submission of the Material.
  4. Submission Restrictions. By entering the Contest, Contestant acknowledges the following: (a) Unless Contestant is notified in writing by Quick Film Budget that Contestant is a finalist, the Material submitted by Contestant shall not be provided to Quick Film Budget; (b) Even when a winner is determined by Quick Film Budget, there is no obligation on the part of Quick Film Budget or any of its affiliates to develop the winning Material into a pilot or series; (c) Quick Film Budget and reserves the right to require that the finalists provide and/or sign additional documentation, including, but not limited to a standard submission agreement prior to the delivery of any Material to Quick Film Budget or at anytime thereafter as determined by Quick Film Budget in its sole discretion (collectively the “Further Documentation”); and (d) Quick Film Budget shall have the right to use the winner’s name, likeness, and biography in connection with any promotion or publicity relating to the Contest and the winner’s Material.
  5. Warrants and Representations. Contestant warrants, represents and acknowledges the following: (a) All Material submitted by Contestant shall be original material, created and furnished by Contestant, which has not been previously published, and shall not be copied from any protected source, and shall not violate the copyrights, trademarks, rights of privacy or publicity or other intellectual property of, or constitute a libel or slander against, or violate any common law or other rights of any person or entity; (b) All Material submitted shall be free from any and all claim(s), charge(s), lien(s), and encumbrance(s) (“Claims”); (c) Any and all such Claims shall be the sole responsibility of Contestant and Contestant shall defend, indemnify and hold harmless Quick Film Budget, its successors, licensees, assigns and parent, subsidiary and affiliated companies and the principals, shareholders, directors, officers, employees, attorneys, agents, successors, licensees and assigns of each of the foregoing from and against any and all such Claims, liabilities, damages, costs, and/or expenses, including, without limitation, attorneys’ fees, arising as a result of such Claims and/or Contestant’s breach or alleged breach of the obligations, warrants and representations contained in this Agreement.
  6. Prize. Upon completion of all obligations hereunder, including but not limited to Contestant’s execution all Further Documentation requested by Quick Film Budget, the winner of the Contest shall receive monetary compensation in the amount of $1,000.00 USD.
  7. Assignment of Rights. Quick Film Budget does not and will not own any rights to the Material.If Contestant is chosen at the Contest winner, Contestant continues to own all rights to the material.
  8. Indemnity. Contestant indemnifies, protects, defends and holds Quick Film Budget harmless from and against any liabilities, losses, claims, demands, costs or expenses, including, without limitation, attorneys’ fees and court costs, incurred at any time in connection with the Material or in connection with any breach or alleged breach by Contestant of any of the warrants and representations contained herein. Contestant shall provide written notice via email to info@QuickFilmBudget.com of any Claim arising in connection with the Material or arising in connection with the Agreement within the period of time prescribed by the applicable statute of limitations, but in no event more than ten (10) calendar days after Contestant acquires knowledge of such Claim, or if it be sooner, within ten (10) calendar days after Contestant acquires knowledge of facts sufficient to put Contestant on notice of any such Claim. Contestant’s failure to provide Quick Film Budget with such written notice within the aforementioned time period shall be deemed an irrevocable waiver of any rights Contestant may otherwise have with respect to such Claim.
  9. Limitation of Remedies. Contestant agrees that given the nature of the entertainment industry, and the irreparable damage to Quick Film Budget, its licensees, successors and assigns that would result from delaying or preventing the exploitation of Contest winner’s Material, under no circumstances may Contestant be entitled to any injunction (whether temporary, preliminary, permanent or otherwise) related to Quick Film Budget, Inc. or any of its services.>
  10. Arbitration. In the event of any dispute concerning any alleged use of the Material or the Agreement, the Agreement’s validity, construction, performance, non-performance, operation, breach, continuance or termination, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect, provided that said arbitration shall be heard before a single arbitrator, selected pursuant to said rules and regulations. Each party hereby waives any and all rights and benefits that said party might otherwise have been entitled to under the laws of the State of California to litigate any such dispute in court, it being the intention of the parties to arbitrate according to the provisions hereof, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of the Agreement and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees.<
  11. Modification/Termination. The Agreement may not be changed, modified, terminated or discharged except in writing signed by both Quick Film Budget and Contestant. The Agreement, regardless of where executed or performed, shall be governed by, construed and enforced in accordance with the laws of the State of California applicable to agreements executed and to be wholly performed herein. Quick Film Budget shall retain the right to discontinue Quick Film Budget, Inc. at any time without notice given to Contestant.
  12. Limitations of Liability and Release. No liability or responsibility is assumed 
    by Quick Film Budget resulting from any Contestant’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Quick Film Budget for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsors are not responsible for any typographical errors in the announcement of prizes , or any inaccurate or incorrect data contained on the Web Site or in connection with this Agreement or the purpose hereof. Use of Web Site is at user's own risk. Quick Film Budget is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, Contestant releases and holds Quick Film Budget harmless from any and all claims, damages or liabilities arising from or relating to Contestant’s participation in the Contest, the Material’s development, planning, pre-production, production, post-production, private screenings, public screenings, festival screenings, or distribution. By accepting a prize in the Contest, the winner agrees that the Sponsors and Contest Parties have the right to use winner's name, Material, image, likeness, and biographical information for any purpose in furtherance of the Contest, exploitation of the Material, and/ or advertising/promotional purposes.
  13. General Conditions. The Contest winner shall be solely responsible to report and pay any applicable taxes on their prize. Unclaimed prizes shall not be awarded. If prize notification or any prize is returned as undeliverable, prize shall be forfeited. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, terrorist act, war, or any other causes which corrupt or affect the administration, security, fairness integrity or proper conduct of the Contest, Quick Film Budget reserves the right, at Quick Film Budget’s sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, modify, or terminate the Contest or any part of the Contest. The Contest is governed by the laws of the State of California.
  14. Governing Law, VenueThis Agreement shall in all respects be governed by, and construed in accordance with, the laws of the State of California, including all matters of construction, validity and performance. Lessee agrees to submit to the jurisdiction of the state and of federal courts in the county of Los Angeles, California. This Agreement was executed in the state of California and is to be performed in the state of California.
  15. Non-waiver.No delay or failure by either party to exercise any right under the Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.
  16. Miscellaneous. Contestant hereby states that Contestant has read and understood the Agreement, that no oral representations of any kinds were made to Contestant, that there are no prior or contemporaneous oral or written agreements in effect between Quick Film Budget and Contestant pertaining to the Material, and that the Agreement states the entire understanding between Quick Film Budget and Contestant.

Agreed and accepted via click-through.

Quick Film Budget agrees to duly execute, acknowledge and deliver, and/or procure the due execution, acknowledgement and deliver from all Finalists and the Winner any and all further assignments and/or other instruments consistent herewith that, in Quick Film Budget’s sole good faith judgment, Quick Film Budget deems necessary or expedient to effectuate the purposes of this Agreement. Quick Film Budget appoints Quick Film Budget as its respective true and lawful attorney, irrevocably and coupled with an interest, but for Quick Film Budget’s sole benefit, to: (a) execute and deliver on Quick Film Budget’s behalf, and in its respective name(s), such documents as Quick Film Budget may reasonably require to effectuate the purposes of this Agreement that are consistent herewith (including, but not limited to, to renew or extend the copyright in Quick Film Budget’s name or otherwise, and, upon the obtaining of any such renewal or extension, to assign the same to Quick Film Budget) after first giving Quick Film Budget a reasonable amount of time to do so; and (b) to institute and prosecute such proceedings as Quick Film Budget may deem expedient, in Quick Film Budget’s own name and/or in Quick Film Budget’s name(s), to protect the rights herein granted, or to effect recovery by Quick Film Budget of damages and/or penalties for infringement (whether past or future) of said rights, and to secure to Quick Film Budget the full benefit of all rights herein granted. Quick Film Budget may name Quick Film Budget as party plaintiff(s) in any suit or proceeding brought for such purpose and shall provide Quick Film Budget, as the case may be, with written notice thereof.

Dated as of __________________, 2010 

Name:

__________________________________

Signature