TERMS AND CONDITIONS
I. TERMS & CONDITIONS FOR SUBMISSION OF FILMS
APPLICATION OF THESE TERMS & CONDITIONS
1) The following terms and conditions (the “Terms”) govern the submission of film (the “Film”) to the `Ohina Short Film Showcase ("`Ohina"), for consideration for the 2017 `Ohina Short Film Showcase. To the extent that this document is inconsistent with any other document prepared by `Ohina or anyone else, this document will take precedence. Any questions about these Terms should be directed to email@example.com.
II. SUBMISSION AGREEMENT
(1) By submitting a Film to the `Ohina Short Film Showcase for Festival consideration, the submitter (the “Applicant”) represents that he or she has obtained consent from any and all owners, creators, writers, producers and/or other authorized representatives of the Film whose consent is required to submit the Film to `Ohina (the “Film Owners”) and screen the Film at the Festival, and has read, understood and agreed to the Terms.
(2) `Ohina Short Film Showcase may disqualify or reject, but is not required to do so, any submission that it determines in its sole and absolute discretion, is not in compliance, in whole or in part, with these Terms, and may do so without refunding any or all submission fees paid by the Applicant or returning the Applicant’s submission.
III. SUBMISSION ELIGIBILITY
All Entries must be made in Hawaii, or tell a story about Hawaii or be made by resident(s) of Hawaii.
ALL ENTRIES MUST BE UNDER 25 MINUTES OF LENGTH. FILM SHORTS UNDER 10 MINUTES ARE STRONGLY ENCOURAGED!
Entry fee is FREE.
DEADLINE for all films is 6.26.2017
All films should be submitted digitally. Meaning, provide us a link and a password of your film via dropbox, vimeo, youtube.
(1) `Ohina will consider for inclusion in the Festival all eligible films that have been submitted by the above deadline and in accordance with these Terms. `Ohina reserves the right to consider for inclusion in the Festival, and include in the Festival, films received at any time and through any means, channel or process, including means, channels or processes other than those outlined in these Terms. Nothing in these Terms or otherwise requires `Ohina to select for Festival inclusion any of the Films submitted through the process outlined in these Terms.
(2) All selection decisions are at the sole and absolute discretion of `Ohina, and are final and unreviewable.
(3) `Ohina will notify by July 10, 2017 all Applicants who have been selected to participate in the Festival. All Applicants who are not selected to participate in the Festival will be contacted by email on or around July 22, 2017. `Ohina will contact Applicants using the contact information provided in the registration form. Applicants are responsible for providing correct and functional contact information. `Ohina is not responsible for any failed attempts to contact Applicants using the contact information provided.
V. INTELLECTUAL PROPERTY, LEGAL CLAIMS AND INDEMNITIES
In consideration of the mutual promises and covenants contained herein, and upon the terms and subject to the conditions set
forth in this AGREEMENT and intending to be legally bound, the Parties agree as follows:
1. GRANT: Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a right and license
to exhibit the Film at the ‘Ohina Short Film Showcase 2017-2018 in the state of Hawaii. This license includes the perpetual,
worldwide, royalty free, right to use promotional material (including artwork and trailers) related to the Film, the title thereof, and
clips therefrom, in any and all media, now known or hereinafter devised, in connection with the advertisement and promotion of
the 2017 ‘Ohina Short Film Showcase.
2. DELIVERY: Filmmaker/Producer/Owner shall deliver an exhibition quality copy of the Film in a timely manner.
3. REPRESENTATIONS AND WARRANTIES: Licensor hereby warrants and represents as follows:
(a) Licensor has the right to enter into this Agreement and fully perform its duties and obligations hereunder;
(b) No use of the Film by the Licensee will violate any copyright, literary right, dramatic right, trademark, right of privacy or
publicity or any other right of any kind of any person or entity;
(c) Licensor has or will obtain written releases from any person appearing in the Film whereby such person consents to use of his
or her name, voice and likeness in the Film and in publicity concerning the Film;
d) Licensor has or will obtain all rights in the pre-recorded film and video footage and music to be included in the Film necessary
to permit Licensee to exercise its rights under this Agreement.
4. INDEMNITY: Licensor shall at all times indemnify and hold harmless the Licensee, its affiliates, licensees, assignees and
affiliated companies, and the officers, directors, employees and agents of the foregoing entities from and against any and all
claims, damages, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, arising out of any breach by Licensor
of any representation, warranty or other provision hereof. In the event of any claim or service of process upon the Licensee
involving this indemnification, Licensee shall promptly notify Licensor. Licensor will promptly adjust, settle, defend or otherwise
dispose of such claim at its sole cost. If it so elects, Licensee will have the right at its cost to engage its own counsel in connection
with such claim. In the event that Licensee determines in good faith that Licensor is not diligently and continuously defending
such claim, Licensee will have the right, on its own behalf and as attorney-in-fact for Licensor, to adjust, settle, defend or
otherwise dispose of such claim. Licensor shall promptly reimburse any costs incurred by Licensee in connection therewith.
5. GOVERNING LAW: This Agreement shall be construed and interpreted pursuant to the laws of the State of Hawaii.
6. NO VIOLATION OF LAW: Nothing herein contained shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision of this Agreement and material statute, law or ordinance
contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provision of this
Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
7. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between the parties. Either party has made
no representations, warranties or promises to the other except as set forth herein.
(1) `Ohina reserves the right to rule, in its sole discretion, on cases and situations not foreseen by these Terms.