NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO HAVE REACHED THE AGE OF MAJORITY AS OF THE DATE OF ENTRY AND MEET ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
1. ELIGIBILITY: The Beijing International Screenwriting Competition Short Film Contest (“Contest”), sponsored by Beijing International Creative Industry Corporation (“Sponsor”), is open only to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in the jurisdiction in which they reside as of the date of entry, and who meet any of the following criteria: (a) the entrant is enrolled and earning a degree or a certificate at a Contest Accredited Institution (as such term is defined below) during the 2012 – 2013 school year; or (b) the entrant graduated with a degree or a certificate from a Contest Accredited Institution between May 1, 2007 and the date of entry. A “Contest Accredited Institution” is a college or university that is accredited by a nationally recognized accrediting agency recognized by the U.S. Secretary of Education or a film school that is approved by Sponsor (in Sponsor’s sole discretion). Employees of Sponsor, its advertising and promotion agencies and Sponsor’s parent companies, subsidiaries and affiliates, and such employees’ immediate family and household members, are not eligible. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address). The Contest is void where prohibited.
2. IMPORTANT DATES: The entry period for the Contest begins at 12:00 a.m. Eastern Time (“ET”) on March 4, 2013 and ends on or about April 20, 2013 at 11:59 p.m. ET (the “Screenplay Submission Period”). Entries must be submitted by 11:59 p.m. ET on March 29, 2013 (the “Early Bird Deadline”) to be eligible for an Early Bird Prize. All dates are subject to change in Sponsor’s discretion. Visit the Website for up to date information regarding the entry, submission and judging periods and dates when finalists and winners will be announced.
3. HOW TO ENTER: To enter the Contest, visit www.writebeijing.org (the “Website”) during the Entry Period and follow the on-screen entry instructions. Each entrant will be required to submit his or her name, email address, name of educational institution in which the entrant is enrolled or from which the entrant has graduated (as applicable), and such other information as Sponsor may require. Each entrant will be required to write and upload to the Website a complete draft of a screenplay for a short film based on the Finalist’s Proposal (“Screenplay”). The Screenplay must prominently feature Beijing as a location. The Screenplay must be at least three (3) pages and not more than eleven (11) pages in length and in a standard screenplay format. The submission must include, in addition, a cover page with a brief synopsis of the screenplay. All Screenplays must also comply with all of the Submission Guidelines set forth in Section 8 and such other guidelines as Sponsor may provide to the Finalists. All Screenplays must be completed and received by Sponsor by 11:59 p.m. ET on April 20, 2013.
4. SELECTION AND NOTIFICATION OF WINNERS: Winner Selection: Seven (7) potential Grand Prize winners, three (3) potential First Prize winners, ten (10) potential Second Prize winners and one hundred (100) potential Early Bird Prize winners will be selected as described herein. The Judges will assess each Screenplay based on the following criteria, weighted equally (“Winner Selection Criteria”):
(a) originality;
(b) imagination;
(c) potential audience appeal;
(d) quality of writing; and
(e) overall impression.
The seven (7) entrants who submitted the Screenplays that receive the seven (7) highest average ratings from the Judges will be the potential Grand Prize winners. The next three (3) entrants who submitted the Screenplays that receive the next three (3) highest average ratings from the Judges will be the potential First Prize winners. The next ten (10) entrants who submitted the Screenplays that receive the next ten (10) highest average ratings from the Judges will be the potential Second Prize winners. The next one hundred (100) entrants after the Grand Prize winners and the First Prize winners who submitted the Screenplays that receive the next one hundred (100) highest average ratings from the Judges and who submitted the Screenplays by the Early Bird Deadline will be the potential Early Bird winners. In the event of a tie, the tie will be broken on the basis of the tied entrants’ “overall impression” rating. Grand Prize and First Prize winners are not eligible to receive an Early Bird Prize. Second Prize winners are eligible to receive an Early Bird Prize. Winner Notification: The potential winners will be notified by email (sent to the email address provided by the entrant when entering) and/or telephone, in Sponsor’s discretion, on or about May 20, 2013. Each of the potential winners is subject to verification. Each potential winner may, in Sponsor’s discretion, be required, where permitted by law, to complete and return to Sponsor a Prize Acceptance Agreement (certifying, among other things, that the entrant meets the eligibility requirements set forth in Section 1 and that the Screenplay complies with the Submission Guidelines set forth in Section 8) (“Winner Documents”). If a potential winner cannot be reached or does not respond within forty-eight (48) hours of the initial notification attempt or fails to complete and return to Sponsor any required Winner Documents within three (3) days of delivery to the potential winner of the same, or a potential Finalist fails to submit a Screenplay per Sponsor’s instructions, or if any attempted notification or prize delivery is returned as undeliverable, the potential winner may in Sponsor’s discretion be disqualified and in such event an alternate winner will be selected, notified and verified in accordance with the procedures specified above.
5. PRIZES: Grand Prizes: Each of the seven (7) Grand Prizes is a ten (10) day, nine (9) night trip for the winner to Beijing, China to be present during the production by Sponsor or its designee of a short film based on the Grand Prize winner’s winning Screenplay (the “Film”). Grand Prize winner trips are expected to take place from June 3, 2013-June 13, 2013 or from June 7, 2013-June 17, 2013. Each Grand Prize trip consists of the following: round trip, coach-class air transportation for the winner between the major airport nearest to the winner’s home and a Beijing area airport; being honored at the Contest award ceremony in Beijing on or about June 9, 2013; ground transportation for the winner between the Beijing area airport, winner’s hotel and the Grand Prize event; a nine (9) consecutive night stay for the winner (one (1) standard room, single occupancy; room rate and taxes only; size and type of rooms determined by Sponsor) at a hotel within the greater Beijing area determined by Sponsor; meals at Contest-approved restaurants; and $1,000.000 USD awarded in the form of a check or another payment method determined by Sponsor. The approximate retail value (“ARV”) of each Grand Prize is $13,000. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. First Prizes: Each of the three (3) First Prizes is a seven (7) day, six (6) night trip for the winner to Beijing, China. First Prize winner trips are expected to take place either from June 3, 2013-June 10, 2013 or from June 7, 2013-June 14, 2013. Each First Prize trip consists of the following: round trip, coach-class air transportation for the winner between the major airport nearest to the winner’s home and a Beijing area airport; being honored at the Contest award ceremony in Beijing on or about June 9, 2013; ground transportation for the winner between the Beijing area airport, winner’s hotel and the First Prize event; a six (6) consecutive night stay for the winner (one (1) standard room, single occupancy; room rate and taxes only; size and type of rooms determined by Sponsor) at a hotel within the greater Beijing area determined by Sponsor; meals at Contest-approved restaurants; and $1,000.000 USD awarded in the form of a check or another payment method determined by Sponsor. The ARV of each First Prize is $11,000. Second Prizes: Each of the ten (10) Second Prizes is a package of the current version of Final Draft® screenwriting software. The ARV of each Second Prize is $250. Early Bird Prizes: Each of the one hundred (100) Early Bird prizes is a $100 USD AMC Theatres gift card. AMC gift cards may be provided in the form of an eGift card (in the U.S. only) or physical gift card, as determined by Sponsor in its discretion. Use of gift cards is subject to issuer’s terms and conditions. Restrictions may apply. The ARV of each Early Bird Prize is $100.00 USD. General Prize Terms and Conditions: There is a limit of one (1) prize per person. The total ARV of all prizes is $136,500. All prize details, including the specific trip dates and itinerary, will be determined by Sponsor in its discretion. Travel and accommodation restrictions and other additional restrictions may apply. If a Grand Prize winner is not available for the trip on the dates specified by Sponsor, Sponsor will have the right in its discretion to deem the Grand Prize to be forfeited and award the Grand Prize to an alternate winner selected in accordance with the procedures specified above. Each Grand Prize winner is responsible for obtaining all required travel documents (including, without limitation, a valid passport). Sponsor is not responsible for any cancellation or postponement of the award ceremony that is expected to comprise part of the prize. In the event of such cancellation or postponement, Sponsor’s only obligation will be to provide a substitute prize of equal or greater value selected by Sponsor in its discretion. All federal, state, local taxes on the value of the prize, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued in the winner’s name if required by law. Each prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive any prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Each prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize (including without limitation, incidentals, food and beverages, souvenirs, gratuities and transportation) are the responsibility of the winner. All prize details will be determined by Sponsor in its discretion.
6. SUBMISSION GUIDELINES: All Proposals and Screenplays (each, a “Submission”) must comply with the following guidelines (“Submission Guidelines”):
(a) the Submission must be submitted in .doc, .docx or .pdf format;
(b) the Submission must be written in English;
(c) the Submission (including the copyright in the Submission) must be owned by the entrant;
(d) the Submission must not previously have been published or won any award;
(e) the Submission must be original and have been written solely by the entrant;
(f) the Submission must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use by the Sponsor Parties (as defined in Section 9) requires a license or permission from any third party; and
(g) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing in China or the United States.
Sponsor has the right in its sole discretion to disqualify any Submission that Sponsor determines does not comply with these guidelines. Sponsor also has the right (but is not obligated) to require the entrant to make such changes to any Submission as are necessary to make it compliant. By submitting a Submission, each entrant certifies that the Submission complies fully with the Submission Guidelines.
7. GRANT OF RIGHTS: Entry constitutes an irrevocable grant of permission to Sponsor and its parent companies, affiliates, subsidiaries, promotional partners, contractors, agents, licensees and those each of them may designate from time to time, including without limitation all persons and entities involved in the development, operation and/or marketing of the Contest (as defined below) (all of the foregoing, the “Sponsor Parties) to use the entrant’s name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, and any Submission submitted by the entrant, including without limitation modifying, altering, excerpting or amending the Submission and/or creating derivative works based on the Submission or any component thereof, for purposes of advertising, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). The foregoing includes, without limitation, a grant to the Sponsor Parties of all rights necessary for the production by Sponsor or its designee of the Film and for the marketing, distribution and exhibition of the Film in China and Hong Kong on an exclusive basis. Without limitation of the foregoing, by entering the Contest, each entrant irrevocably agrees that the Sponsor is permitted, during the Contest Period and thereafter, to display the entrant’s name, likeness and/or biographical information online at the Website and other websites and/or social media platforms for public viewing and comment. Entrants may be required to execute such releases, licenses and other documentation as Sponsor requires with respect to the entrant’s Submission and/or the Film.
8. RELEASE AND ASSUMPTION OF RISK: By entering, each entrant, on behalf of the entrant and his or her heirs, executors, guardians, assigns, agents and representatives, releases all of the Sponsor Parties and each of their parent companies, subsidiaries, affiliates and successors, and the directors, officers, employees, agents and assigns of each of the foregoing (collectively, the “Contest Entities”) from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant’s participation in the Contest, the acceptance or use of the prize, the use by any of the Contest Entities of any Submission, the production, marketing, distribution or exhibition of the Film or any other exercise of the rights granted by entrant in this Agreement, and all liabilities, losses, injuries and/or damages arising out of relating to the same. The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity or travel related thereto or participation in this Contest. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize.
9. OWNERSHIP OF COPYRIGHT: The copyright in each Submission will be retained by the author of the Submission. The copyright in the Film will be owned by the Grand Prize winner that submitted the Screenplay for the Film, subject to the exclusive ownership by Sponsor or its designee(s) of all rights relating to the marketing, distribution and exhibition of the film in China and Hong Kong.
10. NON-UNION: Sponsor is not signatory to any agreement with a collective bargaining organization, including, without limitation, the Writers Guild of America, and none of the activity conducted in connection with Sponsor and the Contest is subject to the jurisdiction of any collective bargaining organization. If you are a member of any collective bargaining organization, you are solely responsible for determining whether your participation in this Contest complies with your obligations under those collective bargaining agreements.
11. GENERAL RULES: The Contest Entities are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, emails, incorrect or inaccurate capture of, damage to, or loss of entries, Submissions or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. The Contest Entities are not responsible for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email. The Contest Entities are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (a) has tampered with the entry process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices, or (b) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor, or (c) has attempted or intends to attempt any of the foregoing. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bug, technical problem, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online and a winner will be selected from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. Entries will not be verified or returned. By participating in the Contest, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Contest Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. Non-compliance with these Official Rules may result in disqualification. All federal, state and local laws and regulations apply. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
12. INDEMNITY: Each entrant will indemnify, defend and hold each of the Contest Entities harmless from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to entrant’s Contest submission, the development, production, use or exploitation of the Submission or the exercise of any of the rights granted in these Official Rules, and all liabilities, losses, injuries and/or damages to entrant or any other person arising out of relating to the same.
13. DISPUTES/GOVERNING LAW: By entering the Contest, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees (except as set forth below); and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest and/or Submission shall be an action at law for the recovery of monetary damages only. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the Contest, the use of the Submission and/or the exercise of any the rights granted by entrant in this Agreement, or to terminate or rescind any of the rights granted in this Agreement. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, County of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
14. PRIVACY: Information collected by Sponsor from entrants in connection with the Contest will be used and collected in accordance with Sponsor’s Privacy Policy (available at the Website).
15. WINNERS’ NAMES: For the names of winners, after May 25, 2013, send a self-addressed, stamped envelope to: Beijing International Screenwriting Competition Short Film Contest Winners’ List, c/o Porter, 3435 Giles Place, Suite 5F, Bronx, NY 10463.
16. SPONSOR: Beijing International Creative Industry Corporation, Room 2000, 2nd floor, Olympic Village Garden Hotel, A1 Building, No.1 Courtyard, Lincui East Road, Chaoyang District Beijing, PR China.