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terms + agreement
2024 - Challenge

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PARTICIPATION

For good and valuable consideration (defined as the $35 Registration fee) paid by Participant, and the obligation of Organizer to a screening (defined herein) of any Film Product (defined herein), which all parties agree has been made, this is an agreement, between (1) Hlabeard Productions, LLC, its officers, directors, employees, agents, volunteers, representatives, staff, and leaders (herein known as "Organizer"), and (2) "Participant," defined as any person who participates in any manner in and with respect to, but not limited to, (a) Springfield And The Ozarks 48-Hour Film Challenge-2024 (herein known as "SATO48"), (b) the making of a film for SATO48, (c) a documentary involving SATO48, (d) any festivals or events involving SATO48, (e) the broadcast, re-broadcast, or web version of SATO48 The TV Show, (f) interviews given by Participant at any time, and (g) or any other endeavor involving Organizer and Participant, in the creation, distribution, and every other aspect of content arising out of Participant's contribution to the above listed (a) through (g), which includes but is not limited to all so-called behind-the-scenes footage, stills, recordings, work product (such as storyboards and scripts), poster or other promotional artwork, Participant’s appearance in the Film, still photographs of the Participant, recordings of the Participant's voice taken or made, any music sung or played by the Participant, including use of any discrete elements from any of the above, plus any and all other materials and media associated therewith, and the Participant's actual or fictitious name, collectively herein known as, the "Film Product".

Participant hereby agrees to take part in the filmmaking portion of SATO48, being produced by Organizer, which filmmaking portion is scheduled to take place from April 26 - 28, 2024 (subject to change), by creating the Film Product that adheres to the Terms & Conditions of this document, including any and all other documents referenced herein.

It is understood that the Organizer reserves the right to screen or exhibit the Film Product only if said Film Product adheres to all the Terms & Conditions referenced herein.

The Organizer is providing: the event and guidelines in which the Participant is taking part; festival screening, and other possible screening opportunities, for all eligible Film Product; and based on available funds, prize(s) and award(s) for winner(s). Participant agrees all decisions by all judges are final.

Participant hereby releases and holds harmless Organizer with regard to all crew, cast, equipment, sets, locations, and other items necessary for participating in SATO48 and creating the Film Product, and all costs, expenses, damages and claims related thereto.

Participant hereby affirms they have the right to, or will secure all rights to, all elements, including but not limited to images, poster art, intellectual property rights, sounds, and music used in the Film, and will, if applicable to Participant, secure Cast, Crew, Music, Location Releases, and Music Report information from all parties prior to the submission of their Film for participation in SATO48 and creation of the Film Product. All such material must be made available through Festival Manager (portal.sato48.com).

 

CERTIFICATION

The Participant hereby certifies and confirms that: All creative work Participant contributed to the Film Product submitted occurred during the official 48-hour time period, as determined during the KICKOFF on Friday April 26, 2024; Participant volunteered their time and services and was not paid; All production of any kind at any time which involved Participant adhered to all local, regional, state, and national safety laws, as well as officially announced guidelines, orders, or instructions, including but not limited to Centers for Disease Control guidelines, and SAG/AFTRA Safety Protocols, as applicable ("Protocols").

 

RULES

Participant agrees to comply with the following Rules regarding production of the Film Product.

 

INSPIRATION PACKAGE (“IP”)

The Participant agrees to incorporate into the Film Product all the Inspiration Package (IP) elements revealed at the Kick-off on Friday April 26, 2024.

 

PARTICIPANT

The Participant acknowledges SATO48–2024, is open to all, including amateur filmmakers, hobbyists, and professionals (if unpaid). Further, anyone associated in the Film and each member of the Team must volunteer their time and not be compensated financially.  Participants under 18 years of age must have parental / guardian consent.  At least one member of the team must be present whether virtually (if team member lives more than 50 miles from Kickoff location) or in person, at the Kickoff on Friday April, 26, 2024.  Participant and all production of any kind at any time must adhere to Protocols (as defined herein).

 

REGISTRATION

Participant agrees to a Registration fee of Thirty-Five US Dollars ($35) PER TEAM and understands that the fee will be subject to change and is non-refundable.

 

EQUIPMENT

Any type, and number, of video, film or still cameras, and/or sound equipment may be used, including computer generated material that is created AFTER the Kickoff.

 

FESTIVAL SCREENINGS & BROADCAST

All Film Product that has followed the rules and met the requirements herein, whether late or on time, will be given a Screening (as defined herein) at the festival and be eligible for broadcast (at the sole discretion of Organizer).

 

AWARDS & PRIZES

Only Films submitted on time, that followed the rules, and met the requirements, will be eligible for Awards & Prizes. Films submitted after the 48 hours will be considered late and not eligible for Awards and Prizes, though they are eligible for Screening and broadcast. The Film MUST NOT be posted nor screened in any manner (private or otherwise) prior to July 2, 2024. Doing so will make your Film ineligible for any Awards and Prizes.

 

WORK ALLOWED

PRIOR TO the Kickoff, Participant may: Organize crew & cast, including securing a poster artist; Scout & secure location/source music; Secure & assemble equipment (i.e., expendables, cameras, editing suite, software, etc.); Arrange for food, financing, transportation, etc.

 

PROHIBITIONS

The use of copyrighted material of any kind without permission is prohibited; this includes music, signage, likenesses, logos, brand names, especially on t-shirts and hats, etc. Royalty free music or song obtained through a licensed relationship is not eligible for awards or prizes and must not be nominated.  Use of stock footage of any kind; shooting or creating any footage for the film prior to the Kickoff is strictly prohibited. Paying anyone on the Team is not permitted. Posting online of the Film Product (except a trailer as described below under the heading TRAILER) in any way, shape, or manner for any audience of any kind, before July 2, 2024, is forbidden.

 

DISQUALIFICATIONS

Participant and Film will be disqualified if: The Inspiration Package requirements are not fulfilled. The technical Requirements are not fulfilled. Any of the Rules are violated. Any of the Terms & Conditions are breached.

 

THE FILM

The film must incorporate all INSPIRATION PACKAGE elements revealed at the Kickoff; feature at least TWO principal characters, combination of voiceover talent, on-screen talent, or a single actor playing multiple roles is allowed. The film must be made within the 48 hours from the Kickoff; be theater ready with regard to resolution, file size, sound quality, and file type. The film must always contain a reference to “SATO48-2024”; for any descriptive text (searchable, printed, or otherwise) that accompanies the Film, or any portion thereof. For every future screening, posting, or exhibition of the Film, or any portion thereof, in any medium, the Closing Event Credit (defined below) must always appear as described herein and may not be edited out, nor reduced in screen time, nor distorted in screen appearance.

 

TECHNICAL

Participant acknowledges the Film file will be five (5) minutes or less in length by timecode (00:05:00:00).  Additionally, the Film must include an Opening Event Credit (OEC) to consist of:

[Team Name]

APRIL 26, 2024

[Film Title]

as well as a Closing Event Credit (CEC) to consist of the following on-screen text:

This film was made as part of SATO48–2024

SATO48.com

The CEC must: remain on screen for at least five (5) seconds; and be the final moments of the Film Product. The CEC typeface will be 46 points, Arial, white font on black background. DO NOT include any footage beyond this CEC. If a “false ending” is created in the Film, it must occur prior to the CEC.

Furthermore, Participant understands that for every future screening, posting, or exhibition of the Film, or any portion thereof, in any medium, the CEC Text must always appear as described herein and may not be edited out, nor reduced in screen time, nor distorted in screen appearance.

Additionally, any descriptive text (searchable, printed, or otherwise) that accompanies the Film, or any portion thereof, must always contain a reference to “SATO48-2024”.

 

SONG/MUSIC AWARD ELIGIBILITY

You must fill out completely for ANY AND ALL music in your Film the portion of Festival Manager entitled MUSIC RELEASES, irrespective of the music(s)’ source (even if royalty-free).

 

You can only win the Song/Music Award if you have a relationship with the musician(s) — meaning you have not downloaded the music from a royalty-free source.

 

To determine your relationship with the musician(s) you must upload the Rights Request and Musician(s)' Agreement of original music or song form.

 

Under the category AWARD NOMINATIONS / Song or Music, you must upload a sound file of the music or song you are nominating. Remember, you can only win the Song/Music Award if you have a relationship with the musician(s) evidenced by a Rights Request and Musician(s)' Agreement of original music or song form. 

 

MUSIC/ SONG

“Royalty Free” music or song is allowed but CAN NOT be nominated for Song/Music Award. The only Musicians (including yourself) who can be nominated for the Best Song/Music Award are Musicians: Who have created music or song specifically for your Film during the 48-hour period, OR who have existing music to which the rights are obtained by specific request (“Rights Request and Musician(s)' Agreement of original music or song form” (detailed below), e.g, not as the result of a pre-existing “royalty free” relationship), which Rights Request must include reference to these Terms & Conditions.

An electronic copy of the Rights Request, and the “Musician(s)’ Agreement” from the musician for the use of their music, constitutes the “Music Release,” but NOT the Music Report which must be filled out and submitted separately as part of the Submission Process in Festival Manager.

Nominating a qualified music or song for the Song/Music Award, must have the complete music / song sound file for said nomination, and be accompanied by the Rights Request and Musician(s)’ Agreement along with the Film when submitted through Festival Manager.

Please use this Rights Request and Musician(s)’ Agreement language below:

Rights Request

Dear (name of musician)

I am requesting permission to use (music/ song title) created by you for the Film (film title), I am producing / directing for the SATO48-2024 Film Challenge & Festival ("SATO48").  Further, I anticipate said Film will be screened at Festival Locations and be eligible for televised and streamed broadcasts.

Yours,

(Name of Filmmaker)

Musician(s)’ Agreement

Dear (name of filmmaker)

I, (name of musician) give permission for the use of (music/ song title) created by me to which I have sole ownership, to be used in the (film title) produced/ directed by you, (name of filmmaker).  Also, I have read and agreed to the Terms & Agreement of the SATO48-2024 Film Challenge & Festival.

Yours,

(Name of Musician)

 

RELEASES

CAST                    In addition to all other terms herein the Participant hereby releases to Organizer their appearance in any Film Product, including expressly SATO48 The TV Show, still photographs of the Participant, recordings of the Participant’s voice taken or made, any music sung or played by the Participant, and the Participant's actual or fictitious name, and that all such elements are the property of Organizer as defined herein, and their use is hereby assigned as defined herein.

CREW                   In addition to all other terms herein the Participant hereby releases to Organizer any material created by the Participant, or work contributing to, for, or forming a part of, any Film Product, including expressly SATO48 The TV Show, the Participant's appearance in the Film Product, still photographs of the Participant, recordings of the Participant's voice taken or made, any music sung or played by the Participant, and the Participant's actual or fictitious name, and that all such elements are the property of Organizer as defined herein, and their use is hereby granted as defined herein.

LOCATION           In addition to all other terms herein the Participant hereby releases to Organizer the appearance of the Property in and Film Product, including expressly SATO48 The TV Show, and/or still photographs of the Property. If the Participant is the owner and/or manager of the location or property used in the Film, Participant hereby grants the appearance of said Property in any Film Product as defined herein.

MUSIC/ SONG     In addition to all other terms herein the Participant hereby releases to Organizer all rights in and to all song(s) and/or music used in any Film Product, including expressly SATO48 The TV Show, and acknowledges their participation in any Film Product, including expressly SATO48 The TV Show, made as part of SATO48, and assigns all song(s) and/or music used in the Film Product, and/or SATO48 The TV Show, to Organizer as defined herein.

 

POSTER

A Poster for your Film is required and must be submitted within the 48-hour time limit along with all other required elements for Participant’s Film to be considered ON TIME. 

The Poster must be uploaded in accordance with the instructions contained in the POSTER UPLOAD section of Festival Manager.

 

TRAILER

The trailer may contain any material relating to the film being submitted. The trailer must not exceed 1 minute. The trailer must be first uploaded to the Festival Manager site under the BEHIND THE SCENES section / Asset Type / Film Trailer, then posted online.

 

ASSIGNMENT OF RIGHTS

Participant assigns to Organizer, its licensees, agents, successors, and assigns, and simultaneously Organizer assigns to Participant, its licensees, agents, successors, and assigns, the worldwide rights ("Rights") in and to any aspect of the Film Product (as defined herein) for any use whatsoever by either Organizer or Participant, in such a manner that both Participant and Organizer fully, wholly, and independently control said Film Product Rights, allowing each to exercise said Rights in any manner, without limitation, by any means now or hereafter known, including but not limited to broadcast and streaming services now in existence, or future incarnations in perpetuity throughout the world.

Participant and Organizer hereby acknowledge that nothing herein provides for remuneration or compensation whatsoever by either party to the other, now, or at any time, for any use of the Film Product, its elements, or for any other matter.

The only consideration for participating in SATO48 is the Participant's Registration Fee, and Organizer's one-time screening ("Screening") (which Screening may be live, online, or a combination thereof, and expanded upon at the sole discretion of Organizer) of the Participant's Film Product so long as said Film Product meets all the criteria described herein.

 

DOCUMENTARY/SATO48 THE TV SHOW

Participant hereby acknowledges that SATO48 The TV Show and/ or The Making of SATO48 Documentary (both defined previously as a "Film Product" element) may, at the sole discretion of Organizer, be shot during SATO48, and Participant hereby agrees to allow camera crews to tape Participant during any stage of SATO48, including but not limited to pre-production, production, post-production, and any event associated with SATO48, including but not limited to interviews, public screenings, panel discussions, networking events, parties, any Awards & Recognitions Ceremony, and any AfterParty as well as any Launch event, Opening event, Closing event, Workshops, Lectures, Seminars, etc., that are sponsored by or associated with SATO48.

 

INDEMNITY

The Participant hereby affirmatively indemnifies, saves and holds harmless Organizer (as defined herein) from any and all claims, costs, damages, expenses and liabilities arising from the creation, use or participation hereunder of the Film Product (including, but not limited to claims for negligence and other torts, unauthorized exhibition, discrimination, fraud, infringement and breach of contract).

The Participant also hereby releases Organizer (as defined herein) from any and all liability, and further agrees to indemnify, hold harmless, and defend Organizer (as defined herein) from and against any and all claims which might be made against them arising out of Participant's involvement in SATO48 and/or the Film Product.

The Participant will not violate any traffic laws in fulfillment of participation in SATO48 and/or the Film Product, and specifically releases Organizer (as defined herein), from any and all liability, and further agrees to indemnify, hold harmless, and defend any and all such members, staff, or volunteers from and against any and all claims which might be made against them arising out of Participant's promise to not violate any traffic laws.

 

LIMITED LIABILITY:

The Participant understands that during the Participant's participation in SATO48, the Participant may be exposed to a variety of hazards and risks, foreseen and unforeseen, that may include, but are not limited to, personal injury, property damage and death.

Participant agrees to waive, discharge claims, and release Organizer (as defined herein), from any and all liability on account of, or in any way resulting from, injuries, death, or damages.

The Participant understands and intends that this assumption of risk and release is binding upon the Participant's heirs, executors, administrators and assigns, and includes any minors accompanying the Participant during creation of the Film Product.

 

HEADINGS

Headings in this document are for reference purposes only. The terms of this Terms & Agreement document, and all documents referenced herein, may only be changed in writing signed by all parties.

 

END

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