RULES AND REGULATIONS
2013 HRTV FILM FESTIVAL AT SANTA ANITA PARK
285 W Huntington Drive
Arcadia CA 91007
HRTV, LLC and Santa Anita Park (collectively, the “Sponsor”) ACCEPT NO RESPONSIBILITY FOR LOSS OR DAMAGE OF ENTRIES DURING SHIPMENT TO OR FROM THE 2013 HRTV FILM FESTIVAL AT SANTA ANITA PARK (the “Festival”)
1. Film entries must (i) include a Press Kit; (ii) include a copy of the Submission Form emailed to 2013 HRTV SANTA ANITA Film Festival at firstname.lastname@example.org; (iii) be submitted on the form described in the Rules and Regulations; (v) include the Fee (as defined herein) and (v) be received by 11:59:59 A.M. PST on March 27, 2013 (an “Entry”). Failure to submit any of foregoing, in the Sponsor’s sole and absolute discretion, shall be cause for disqualification and forfeiture of the Entry Fee.
2. Film entrants must submit their entries in one of the following manners:
2.1. Online: Delivery can be submitted to: www.HRTV.com
2.2. Mail: Deliver must be submitted on a hard drive (USB 3.0 preferred) and sent to the following address:
ATTN: 2013 HRTV SANTA ANITA Film Festival
Santa Anita Park
PO Box 60014
Arcadia CA 91066-6014
The Sponsor reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film that is not submitted through one of these channels. If the Film is submitted in multiple parts, the Sponsor reserves the right to judge the Film based on the first submission, with no further obligation to view the contents of the remaining submission(s).
Hard drives will not be shipped to their respective return address once the festival is over.
3. Entries will not be processed or considered unless the Festival’s Submission Form has been received and the entry is submitted in the proper format.
4. In the event that a Film does not play properly, the Sponsor will attempt, but is under no obligation, to contact the Entrant using the contact information provided on the submission form in an effort to obtain a replacement copy of the Film. The Sponsor reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film which initially does not play properly.
5. Applicants submitting an Entry that contains significant non-English spoken dialogue must provide on-screen English subtitles. SPONSOR reserves the right to disqualify, without refund of any or all submission fees previously collected from the entrant, any film entry that contains non-English spoken dialogue that does not include accompanying on-screen English subtitles.
6. In the event that the Entrant remits an updated version of the Film to the Festival after having submitted a previous version of the Film to the Festival during the same calendar year, the Sponsor is under no obligation to view any or all of the updated version.
7. All films submitted to the Festival grant SPONSOR and its distribution partners the unlimited right to use stills, trailers, and excerpts thereof for promotional purposes worldwide without compensation to the Entrant or any other party therefore.
8. SPONSOR is not responsible for any lost, stolen or damaged entries.
9. Multiple entries are permissible, but each entry must be accompanied by a separate Entry and Fee.
10. All fees are nonrefundable.
11. SPONSOR will have sole and exclusive authority in determining whether any Entry complies with these rules and regulations.
Terms & Conditions
1. As an Entrant, I/we wish to have a non fiction film entry of no more than five (5) minutes in duration with a theme of “A Day at the Races” (a “FILM”) included in the 2013 HRTV SANTA ANITA Film Festival (the “Festival”). The Entrant grants the SPONSOR, its parents, subsidiaries, affiliates and related entities and their respective agents and assigns the right to show the Film, any portion of the Film, and/or stills of the Film for promotional purposes or otherwise on television, in new media, on the internet (www.HRTV.com) or, without limitation, on websites, flyers, posters, or press releases. The Entrant understands that no materials included with this Entry will be returned.
2. As an Entrant I/we represent and warrant to the Sponsor that: (a) the Entrant is duly authorized, on its own behalf and on behalf of all other persons or entities who have any ownership rights or interests (including, without limitation, intellectual property rights) in or relating to the Film (hereafter called the “Film’s Owners”), to exhibit this Film at the Festival, (b) exhibition of the Film at the Festival will not violate any law or any right or consent of any person or entity; (c) the Film is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Film the subject of any threat of litigation, arbitration, or other adverse claim or proceeding; and (d) I am not an employee or director, or Internal Revenue Service dependent, immediate family member or individual residing in the same household of an employee or director of the Sponsor or any of its partners, parent companies, divisions, subsidiaries, affiliates, trustees, franchisees, licensees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies. For the purposes hereof “immediate family members” are defined as mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (for greater clarity this includes non-biological family as well).
3. As an Entrant I/we further represent and warrant, on behalf of itself and the Film’s Owners, that the exhibition of the Film at the Festival will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Film does not constitute or include a defamation of any person or entity.
4. The Entrant has paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from or associated with the exhibition of the Film at or in connection with the Festival.
5. The Entrant acknowledges, on behalf of itself and the Film’s Owners, that the Sponsor’s exhibition or presentation of the Film at the Festival does not and will not create any confidential or fiduciary relationship between the Sponsor on the one hand and myself and/or the Film’s Owners on the other.
6. Eligible Entrants may submit their Film to 2013 HRTV SANTA ANITA Film Festival, c/o Santa Anita Park, PO Box 60014, Arcadia, CA 91066-6014 (“Santa Anita”) between December 28, 2013(the “Entry Commencement”) and March 27, 2013 (the “Entry Deadline”). Any Film received after the Entry Deadline may not be considered for the Festival.
7. All Films shall be posted on the Festival’s webpage where any natural person can, with a valid email account, vote for their favorite Film. Voting for all Films shall commence on March 30, 2013 through to and including April 10, 2013 (the “Voting Period”).
8. An individual who wishes to vote for a Film submitted in the Festival (“Voter”) must, during the Voting Period, go to the Festival Webpage and then must select the Film that the Voter wishes to vote for. Each Voter with a valid email address shall be entitled to one (1) vote for the duration of the Voting Period. If it is discovered that attempts were made by a Voter (or any individual purporting to be a Voter) to: (i) vote more than once per email/person during the Voting Period; (ii) use any automated, script, macro, robotic, program(s) or any other automated means to submit votes; and/or (iii) engage in systematic voting from the same or different email accounts; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the votes made by such Voter (or such individual purporting to be a Voter) and/or of the Entry to which such votes relate. Proxy voting (i.e., voting on behalf of another person) is strictly prohibited. All votes are subject to verification. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form that is acceptable to the Sponsor) from any Voter or eligible Entrant in this Contest or for any votes entered, or purportedly entered, by a Voter to be considered valid for the purposes of the Festival. The Entrant with the Film which receives the most eligible votes during the Voting Period shall be deemed to be the “Fan Favorite Award Winner”.
9. No Entrant may through monetary or non monetary compensation provide or offer any form of incentive, inducement, prize or chance of receiving any incentive, inducement or prize in furtherance of receiving an individual’s vote for any eligible Entrant’s Film. Any eligible Entrant determined by the Sponsor and/or the Festival and/or representatives to be engaging in such behavior will be disqualified and the corresponding votes are subject to disqualification subject to the sole and absolute discretion of the Sponsor. For greater certainty, the Sponsor, in its sole discretion, reserves the right to disqualify any Entrant tampering or abusing with the voting process, or is otherwise in violation of the Festival’s Rules and Regulations.
10. The Sponsor further reserves the right to cancel, terminate or modify the Festival, or the Rules and Regulations and Terms and Conditions if it is not capable of completion as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. . All federal, state, local and municipal laws and regulations apply.
11. The fact that a Film appears in any particular manner on the voting leader board at the end of the Voting Period or at any other time does not mean that the eligible Entrant associated with the Film actually occupies any particular position in the voting ranking. Any and all vote totals are subject to the verification by the Sponsor in its sole and absolute discretion. The voting leader board is for entertainment purposes only. Only the Sponsor can deem an Eligible Entrant as an Award winner.
12. It is the sole responsibility of the Entrant to ensure that the contact information provided on the submission form is correct from the Entry Commencement to the Winner Selection Date.
13. Potential Entrants are entitled to as many scouting days as they require, without limitation, prior notice or admission fee.
14. Each Entrant shall include, per Film, a check made payable to “Los Angeles Turf Club, Inc.” in the amount of their entry fee (the “Fee”) pursuant to the following:
14.1. If payment is received prior to February 1, 2013:
14.1.1. General Entry - $100 USD
14.1.2. Student Entry- $25 USD (a copy of the valid student identification must be submitted with the Entry Form)
14.2. If payment is received on or after February 1, 2013:
14.2.1. General Entry - $150 USD
14.2.2. Student Entry- $50 USD (a copy of the valid student identification must be submitted with the Entry Form)
14.3. Any Entrant who participated in the 2012 HRTV Santa Anita Film Festival shall receive a fifty (50) percent reduction in the foregoing amounts.
14.4. Payment must be made in person at the Marketing Department at Santa Anita Park (285 W. Huntington Drive, Arcadia, CA 91007) on Wednesday through to Sunday of each week following the Entry Commencement.
15. Upon payment of the Fee the Sponsor shall provide two (2) Festival credentials (“Credentials”) which will allow filming access to all public areas of Santa Anita Park and ten (10) clubhouse passes for admission at any time during the Santa Anita Park’s 2012-2013 Winter to Spring Season.
15.1. Each Entrant is allowed three (3) supervised filming days at Santa Anita Park from January 5, 2013 through to March 24, 2013. THERE WILL BE NO FILMING ON SATURDAY, MARCH 2, 2013. Credentials shall be hole punched to keep track of days.
15.2. An Entrant must arrange for such supervised filming days with Santa Anita Park not less than twenty four (24) hours prior to filming.
15.3. Filmmakers are not allowed to shoot in the stable area, Jockeys’ Room and receiving barn regardless of whether or not the filmmakers have CHRB licenses to those areas. Submissions that include footage shot in those areas are subject to disqualification.
15.4. Because the safety of the racing participants at Santa Anita Park is of paramount concern, no reflectors, additional lighting instruments, tracks, dollies, camera rails, unattended tripods or boom microphones will be allowed during racing or training hours. These can spook the horses and endanger both them and the humans working with them. Santa Anita Park reserves the right to eject any Entrant, or associate of an Entrant who breaches this or any other rule, posted or otherwise, of Santa Anita Park.
15.5. Each Entrant shall, upon payment of the Fee receive a list of Festival filming procedures to ensure the safety of Santa Anita Park racing participants. The receipt of Credentials will require full compliance of these guidelines or such Credentials will be immediately revoked, the Fee will be forfeited, and the Sponsor shall avail itself of any other remedies available to it pursuant to applicable law.
15.6. All Entrants are deemed to be independent producers, and are welcome to involve anyone they want in their productions. Any requests for additional access to owners, trainers and jockeys other than their normal participation in their normal racing activities, must be made through those individuals:
15.6.1. Please contact their respective representatives for access information:
188.8.131.52. The Jockey’s Guild representative is Darrell Haire (909-241-2704)
184.108.40.206. The Trainer’s representative is Alan Balch (626-574-6445)
220.127.116.11. The Owner’s representative is Lou Raffetto (626-574-6602)
16. The Entrant grants SPONSOR and its distribution partners and sponsors the full and royalty-free right and permission to use the FILM for broadcast, duplication and advertising in association with SPONSOR, for the purpose of viewing on television, in theatres, on the internet, on the SPONSOR’s website, on distributers’, on sponsors’ websites, podcasting and/or for archival purposes and for any other valid, lawful purpose in any and all media now known or hereafter developed or devised, worldwide and in perpetuity. The Entrant waives any right to inspect or approve the finished videotape, sound track, photograph, advertising copy, audio piece or printed matter that may be used or the eventual use that it may be applied.
17. The Entrant grants SPONSOR permission to give a copy of the FILM to industry members, including but not limited to network executives, agents, managers, press, producers, distributors, and others that might aid in securing future work and/or distribution of the film.
18. The Entrant waives any and all rights to compensation for any broadcast, duplication, and advertising of any FILM presented at the Festival. The Entrant grants, without limitation, all right, title, interest, and ownership of the Film. The Entrant understands that SPONSOR and its producers, distributors, and sponsors are relying on this release and accordingly, the Entrant hereby irrevocably waives any and all rights to seek or obtain any injunction or other equitable relief against SPONSOR, its officers, directors, agents, employees, distributors, and sponsors for the Festival.
19. The Entrant agrees, on its own behalf and on behalf of the Film’s Owners, that the Entrant and the Film’s Owners, in submitting the Film for consideration, are waiving, forfeiting, foregoing and relinquishing any right that the Entrant or Film’s Owners might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against the Sponsor, the Festival, or any Sponsor Indemnities, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Film (including, without limitation, claims relating to any failure or refusal to exhibit the Film at the Festival, the exhibition or marketing of the Film at or in connection with the Festival, alleged oral or written representations by the Festival or its representatives relating to the submission or exhibition of the Film, and any other matters arising from or relating to the submission of the Film), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”).
20. The Entrant agrees to indemnify the Sponsor, its parents, subsidiaries, successors, shareholders, officers, directors, employees, agents, affiliates, licensees, and distributors (collectively, the "Sponsor’s Indemnities") and hold harmless the Sponsor’s Indemnities from any Claims, deficiencies, assessments, liabilities, losses, damages, expenses (including, without limitation, reasonable fees and expenses of counsel) (collectively "Losses") that any Sponsor Indemnity may suffer by reason of or arising out of any of the exercise by the Sponsor or any of its distributors or licensees of any of the rights granted to the Sponsor pursuant to the provisions of this Festival; the Entrant’s s breach of, or non-compliance with, any covenant or provision of this Entry; any use, distortion, blurring or alteration that my occur or be introduced in any use or broadcast of material; or the inaccuracy of any representation or warranty made by the Entrant in this Entry. The Entrant warrants that the use of the rights granted here and of any material supplied the Entrant will not violate the rights of any third party. The Entrant agrees to defend, indemnify and hold harmless the Sponsor’s Indemnities from any claims by third parties alleging that our content or material infringes on any third party’s rights. It is the sole responsibility of the Entrant t to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Film, including without limitation, any music used therein. SPONSOR expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for copyright infringement. SPONSOR reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any copyrighted content or material, the Entrant shall fully indemnify and defend the Sponsor’s Indemnities from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection there with.
21. The Entrant understands and agrees that it is the sole responsibility of the Entrant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Film. SPONSOR expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for trademark infringement, trademark dilution or unfair competition. SPONSOR reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any trademarked content or material, the Entrant shall fully indemnify and defend the Sponsor’s Indemnities from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
22. The Entrant understand and agree that it is the sole responsibility of the Entrant to clear all content of the Film from any and all actual potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, break of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”). SPONSOR expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Film that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others. SPONSOR reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film that is or may become the subject of any or all submission fees previously collected from the Entrant, any Film that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, Entrant shall fully indemnify and defend the Sponsor Indemnities from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees that any of them may incur in connection therewith.
23. It is the sole responsibility of the Entrant to ensure that the Film arrives at Santa Anita upon completion of the Submission Form. In the event that a Film does not arrive at Santa Anita by Entry Deadline, the Sponsor may attempt, but is under no obligation, to contact the Entrant using the contact information provided on the Submission Form in an effort to obtain a copy of the Film. The Sponsor reserves the right to disqualify, without refund of any or all submission fees previously collected from the Entrant, any Film that does not arrive at Santa Anita.
24. In exchange for release of Film, as identified above, the Entrant shall receive the opportunity to have such Film shown at the Festival and the Entrant accepts that there is no promise of additional payment or award in any form for likeness, image, biography, recording, equipment, or for any other contribution by the Sponsor or any other party on this production, except for those awards identified by Festival. The Entrant understands and agrees that the Entrant is not guaranteed any Award based on participation in the Festival.
25. During the period between the Entry Commencement and the final day of the Voting Period (the “Judging Period”) the Panel, comprised of representatives of the Sponsor, (the “Panel”) shall judge the Films submitted as part of the Festival. During the Judging Period, the Panel will review the respective Films of all the Entrants and will judge such Films based on the following weighted criteria: creativity (25%); entertainment value (25%); originality (25%) and production (25%); The Panel will score the Entrants respective Films based on the aforementioned criteria. The top ten (10) eligible Entrants that receive the highest score by the Panel shall be deemed to be an Award winner (a “Winner”). In the event of a tie between two (2) or more eligible Entrants for the tenth (10th) position, the Panel shall select an independent judge and such independent judge shall review and judge such tied eligible Entrants’ respective Film based on the weighted criteria set forth herein to determine the tenth Award winner.
26. The Awards are as follows:
26.1. For a judged film:
26.1.1. 1st place-Ten Thousand Dollars ($10,000);
26.1.2. 2nd place- Four Thousand Dollars ($4,000);
26.1.3. 3rd place- Two Thousand Dollars ($2,000);
26.1.4. 4th place- One Thousand Five Hundred Dollars ($1,500);
26.1.5. 5th place- Five Hundred Dollars ($500); and
26.1.6. 6th place through to 10th place- free entry fee into the 2014 HRTV Film Festival at Santa Anita;
26.2. The Fan Favorite Award Winner- Ten Thousand Dollars ($10,000) (each of the foregoing are an “Award”).
26.3. The Films which win an Award shall be announced by the Sponsor on April 13, 2013 (the “Winner Selection Date”).
27. The decision(s) of the Sponsor and Panel is/are final. Entries and votes are subject to verification and the Sponsor reserves the right to disqualify a person if he/she enters or votes in this Festival or tries to do so by any means contrary to these Terms and Conditions or which would be unfair to other Entrants/voters or where votes are generated by any unauthorized mechanical or automated means. Entry materials that have been tampered with, reproduced, falsified or altered in a manner not contemplated by these Rules are void. Any attempt to undermine the legitimate operation of this Festival is a violation of law and may be subject to remedies and damages, including criminal prosecution.
28. Each Award is non-refundable and non-transferable. In its sole and absolute discretion, however, the Sponsor reserves the right to substitute the Awards with a prize of at least equal value. The Sponsor reserves the right, in its sole and absolute discretion, to (i) increase the value of any of the Awards and (ii) increase the number of Awards available to be won by eligible Entrants.
29. Each Winner is solely responsible for reporting and payment of all federal, state and local taxes on Awards. Each Winner will be required to execute and return within four (4) days of notification an Affidavit of Eligibility, a Liability Release and a Publicity Release, except where prohibited by law. Failure to sign and return the Affidavit of Eligibility, Liability Release and Publicity Release within four (4) days, or to comply with any term or condition of these Official Rules or the prize notification letter, may, at the sole discretion of the Sponsor, result in a Winner’s disqualification, the forfeiture of his or her interest in the Award, and the award of the Grand Prize to an alternate winner.
30. The Entrant hereby certifies that the Entrant is over eighteen years of age and competent to contract in its own name or that, if younger than the legal age to enter into contracts in the State of California, the Entrant has provided the Sponsor and the Festival with signed, written consent from my parent or legal guardian. If the Entrant is signing in behalf of an organization, the Entrant certifies that the Entrant has authority to do so and that submission of a Film binds such organization and its employees, members to all elements of the rules of this Festival. The Entrant has authority to and gives consent for everyone (including but not limited to performers, writers, directors, technical crew, distributors) who contributed to the Film and all materials submitted with this application to the Festival.
31. The Sponsor reserved the right to refuse to consider any Film at its discretion.
32. The Sponsor is under no obligation to provide to the Entrant or any other representative of the Film any comments or feedback regarding the submitted Film, any information relating to the manner in which the Film is, will be, or was reviewed; any views that the Sponsor or any reviewers of the Film may hold concerning the Film; any reasons why the Film, should it not be accepted for exhibition at the Festival, was not accepted; or any other information relating to the Festival’s review, consideration and/or selection process regarding the Film specifically or submissions generally beyond the information set forth in these Rules and Regulations. The Sponsor disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback regarding any Film that are or may be obtained by the Entrant or any other representative of the Film; any communications by any representative of the Sponsor or the Festival relating to the Film or the Festival selection process; the manner in which the Film shall be, is or was considered and reviewed; the identity or identities of any specific reviewers of the Film; and/or any failure on the part of the Sponsor or the Festival to provide the Entrant or any other representative(s) of the Film with information concerning the Sponsor’s consideration and/or review of the Film.
33. Upon completion of the Award process, SPONSOR will attempt to contact the Entrant using the contact information provided on the Entrant’s submission form to notify the Entrant of the Film’s acceptance status. SPONSOR disavow any responsibility for, and will not be held responsible for, any failure to contact the Entrant using the contact information provided on the Submission Form. It is the sole responsibility of the Entrant to ensure that the contact information provided on the Submission Form is correct in all aspects from the Entry Commencement to the Winner Selection Date.
34. This contract shall be governed by and interpreted in accordance with the laws of the State of California. In the event of any dispute arising out of this agreement, the Entrant agrees that such dispute shall be heard before a court of competent jurisdiction located in Los Angeles or Orange County, and expressly waives the Entrant’s right to have such matter or controversy heard anywhere else. The Entrant agrees that the Sponsor’s remedy for any breach of this contract by SPONSOR or its officers, directors, agents, employees and sponsors of the Festival will be limited to damages to an action at law to recover an amount which is no greater than the Fee provided by such Entrant and in no event will the Entrant be entitled to seek injunctive or any other equitable relief. The Entrant also agrees, by submitting a Film that the terms and conditions and rules and regulations of the Festival shall be binding upon the Entrant’s assigns, heirs, agents and representatives.
35. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to me, the Film’s Owners, or any other person or entity representing or affiliated with the Film.
36. A complete copy of the Festival’s Terms and Conditions and Rules and Regulations may be found at www.hrtv.com/filmfestival2013/.