
THE SCRIPTSHARK INSIDER SCREENWRITING COMPETITION
Official Rules and Regulations
The ScriptShark Insider Screenwriting Competition (the "Contest") is sponsored
by ScriptShark.com, 3415 S. Sepulveda Blvd, Suite 200, Los Angeles, CA 90034
("Scriptshark"). The Contest entry period begins on February 1, 2008 at 5:00
p.m. (Eastern Time) and ends on June 30, 2008 at 11:59 p.m. (Eastern Time)
(such period, the "Entry Period"). EACH PERSON WHO PARTICIPATES IN THE CONTEST
FULLY AND UNCONDITIONALLY AGREES TO COMPLY WITH AND ABIDE BY THESE OFFICIAL
RULES AND THE DECISIONS OF SCRIPTSHARK, WHICH SHALL BE FINAL AND BINDING IN ALL
RESPECTS.
I. Eligibility and Registration to Participate in the Contest.
A. Method of Entry: To enter the Contest online, visit the Contest at
http://www.scriptsharkinsider.com (the "Contest Site") during the Entry Period.
All of the Contest information will be posted at the Contest Site throughout
the Contest. To be eligible to participate, each entrant will be asked to
submit an official entry form, which may include, among other things, his/her
name, address, e-mail address, age and related registration information as
prompted (the "Official Entry Form").Judging of the Contest will take
place between February 1, 2008 and December 15, 2008 . Participants may enter the same screenplay only once during the Entry Period.
E-mail entries must be received by 5:00 p.m. Eastern Time, June 30, 2008.Any e-mailed Official Entry Forms received after 11:59 p.m. (Eastern Time) on June 30, 2008 will not be eligible to be included in the judging and shall be disregarded.
B. General Eligibility . This Contest is open to any individual who is, as of
the beginning of the Entry Period (a) a legal resident of one of the fifty (50)
United States (excluding Arizona, Florida, Iowa, Louisiana, Maryland, New
Jersey, and Vermont, Guam, Puerto Rico, and all other U.S. territories and
possessions) (the "Eligibility Area"); (b) 18 years of age or older at the date
of entry; and (c) has access to the Internet. Employees, officers, directors
and agents (and their immediate families and household members regardless of
where they live, or members of the same households (whether related or not) of
ScriptShark, Hollywood Media Corp., and their respective divisions, affiliates,
subsidiaries, agents and advertising agencies (collectively, the "Contest
Providers"), are not eligible to participate in the Contest or to win any
prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED
BY LAW. All federal, state and local laws and regulations apply.
C. Professionals . Persons who have achieved the status of "Professional" (as
defined herein below) are not eligible to participate as "Contestants" (as such
term is defined below) in the Contest. For purposes of these Official Rules,
the term "Professional" shall mean any individual who, as of the Start Date:
(i) has received any form of producer credit (e.g., "Executive Producer,"
"Associate Producer," or "Co-Producer") on any film, series, episode,
movie-of-the-week, music video, or mini-series produced for release in theaters
or by means of home video, any form of television, or any similar medium; (ii)
has received sole or shared writing credit on any film, movie-of-the-week, or
mini-series produced for release in theaters or by means of home video, and
form of television, or any similar medium; (iii) has received sole or shared
directing credit on any film, series, episode, movie-of-the-week, music video
or mini-series produced for release in theaters or by means of home video, any
form of television, or any similar medium; or (iv) has sold or optioned a
feature film screenplay to any U.S. or internationally based film production
company, studio, network, exhibitor, distributor, or any entity or individual
affiliated therewith for over $5,000.
D. Submission Fee Requirements. To be eligible to participate in the Contest,each Contestant will be required to agree to a Participation Agreement, whereby each such Contestant agrees to be bound by all terms and conditions governing the Contest and use of the Contest Site (including, without limitation, these Official Rules, and the Contest Site's Terms of Use), and each Contestant will be required to pay a non-refundable "Submission Fee" in the amount of $40.00
for each Screenplay Submission entered into the Contest between February 1, 2008 and May 1, 2008 ; and $45.00 for each Screenplay Submission entered into the Contest between May 1, 2008 and May 31, 2008: and $50.00 for each Screenplay Submission entered into the Contest between June 1, 2008 and June 30, 2008.
E. Writing Teams. Contestants may combine to form teams (each referred to as a
"Team") consisting of no more than three (3) individuals. Screenplay
Contestants who form a Team shall be known as a "Writing Team". Each individual
member of any such Writing Team must satisfy all eligibility requirements set
forth herein for Contestants, and each such Writing Team member must register
with the Contest Site and agree to the Participation Agreement in order to be
considered a member of the applicable Writing Team. Please note that only one
Submission Fee is required per Screenplay Submission, whether such Submission
is made by an individual Contestant or a Writing Team. During the submission
process, one Writing Team member must make the Screenplay or Scene Submission
on behalf of the Writing Team and list the user names of all Writing Team
members. The Writing Team member who makes the Submission on behalf of the
Writing Team will be known as the "Team Captain". In the event a Writing Team
progresses to further rounds of the Contest, ScriptShark will attempt to notify
the Writing Team through its Writing Team Captain. Each member of the Writing
Team, including the Writing Team Captain, shall be deemed to have jointly and
severally made and entered into all of the representations, warranties and
agreements contained herein and in the Participation Agreement and shall be
jointly and severally obligated and bound thereby. Except as otherwise
expressly set forth herein, all of ScriptSharks' rights pursuant to these
Official Rules relate to and are exercisable against each individual member of
the Writing Team. If any right of disqualification arises as to any individual
member of the Writing Team, then the right of disqualification may be exercised
either as to such individual member of the Writing Team, or to the Writing Team
as a whole, as ScriptShark may elect in its sole discretion. If ScriptShark
elects to disqualify fewer than all members of a Writing Team, then the
remaining individuals shall continue to be bound by these Official Rules and
the other registration agreements. Without limiting the generality of the
foregoing: (i) any Writing Team member who elects to end his or her
participation in the Contest, and/or is disqualified from the Contest, will not
be permitted to "re-register" to participate in the Contest in any capacity;
(ii) if, at any time during the Contest Period, a Writing Team Captain elects
to end his or her participation in the Contest and/or is disqualified from the
Contest, his or her entire Writing Team may be disqualified from the Contest;
and (iii) if, at any time during the Contest Period, any Writing Team member
elects to end his or her participation in the Contest and/or is disqualified
from the Contest, and refuses to promptly sign any written agreement deemed
necessary by ScriptShark to permit his or her former Writing Team member(s) to
continue to participate in the Contest using the Writing Team's Screenplay or
Scene Submission, the entire Writing Team will be disqualified from the
Contest. Please also note that disputes between Writing Team members may be
grounds for disqualifying the applicable Writing Team or any of its Writing
Team members, in ScriptShark's sole discretion. In the event that a Writing
Team is a prize-winning entry, the Writing Team is responsible for the division
of all prizes and money.
II. The Contest.
A. Entry Requirements. All entries must include an original screenplay between
70 and 150 pages, a completed Official Entry Form, an executed Participation
Agreement, a signed release form, a short synopsis, and the appropriate entry
fee(s) in United States dollars. All checks must be payable to ScriptShark.
Visa, MasterCard, and American express are also accepted. Contestant may submit
as many scripts as they like under the following conditions: (1) Contestant
must include a separate entry form for each submission; (2) Contestant must
include a separate release form and Participation Agreement for each
submission; and (3) an entry fee must accompany each screenplay.
B. Screenplay Format Requirements. Each submission must meet ALL of the
"Screenplay Format Requirements" set forth below to be considered (a screenplay
that meets all such requirements will be referred to as a "screenplay
submission"):
*All submissions must be original screenplays (no adaptations) written in the
English language.
*Personal information should only be included on the official Entry Form.
*All submissions must be between 70-140 pages in length.
*All pages must be numbered, and no writing is permitted on the spine of the
script. *Contestants must bind their script securely using brads or Chicago
screws if submitted in hardcopy.
*Courier is the industry standard font style and the font size should be 12
point.
*Miscellaneous items (ie, artwork, tapes, CDs, etc.) that are sometimes
included to "accompany" the reader while reading the script are never looked at
or listened to. Send only the script.
*The screenplay may be submitted hard-copy via the US Postal service, or
electronically in Adobe Acrobat (.PDF) format, Final Draft (.FDR), Movie Magic
Screenwriter (.SCR) or Microsoft Word (.doc) only through the Contest Site in
the manner described on the Contest Site (do not send copies via fax, or any
other means-they will not be accepted, and there will be NO EXCEPTIONS).
Electronic files must end with the appropriate file extension, ".pdf", be
viewable with the most recent versions of each file type, and must not exceed a
file size of 750kb.
*The screenplay must be registered with, or, on the date the screenplay is
submitted to the Contest, in the process of being registered with, the United
States Copyright Office (see http://www.loc.gov/copyright/forms/). It is also
recommended that each screenplay is registered with the Writer's Guild of
America (see http://www.wga.org/registration/register-online.html). Each
Screenplay Contestant or Writing Team, as applicable, will be required to
provide Contest Providers with documentary proof of such registrations promptly
upon Contest Provider's request.
*A non-refundable Submission Fee in the applicable amount set forth in
subsection I.D. above must accompany each Screenplay Submission that is entered
into the Contest. Screenplay Contestants must pay the Submission Fee by major
credit card or check prior to the end of the Entry Period.
*For purposes of clarification, a Writing Team needs to submit only one (1)
Screenplay Submission on behalf of the entire Writing Team, as opposed to a
separate Screenplay Submission for each member of such Writing Team. A
Screenplay Contestant or Writing Team may submit more than one (1) Screenplay
Submission, but each such Submission must be entered into the Contest
separately, and a separate Submission Fee must accompany each Screenplay
Submission. Any Screenplay Contestant or Writing Team that is found to have
submitted the same screenplay under multiple User Names or aliases will be
disqualified from the Contest entirely. Any screenplay that fails to fulfill
all of the Screenplay Submission Requirements may be disqualified from the
Contest upon Promoter's discovery of such failure (if such failure is
discovered upon submission, the applicable screenplay will not be accepted for
processing and review, will not be deemed a Screenplay Submission, and will not
be entered into the Contest).
C. General Rules Regarding The Submission of Screenplays. Screenplay
Submissions will be accepted during the Entry Period. Please note that no
changes may be made to a Screenplay Submission after the end of the Entry
Period - to be safe, a Contestant should make certain that his or her
Screenplay Submission complies with these Official Rules before submitting it.
It is hereby agreed and understood, that any and all Screenplay Submissions
shall not be returned to you.
D. Judging. Judges will be entertainment industry professionals. The judging
will take place over the course of two rounds and will follow the criteria
listed below:
1. Contest Judges: Contest Judges will read submissions and determine their
eligibility for consideration for Contest Prizes. Each Screenplay Contestant
will be permitted to "decline" a particular submission in the event the
originally-assigned submission is technically unintelligible for any reason.
Each round of judging will implement a new set of judges. a) Round One -
Analysts from the film and screenwriting industries will select the contest
semi-finalists, which will make up the top one hundred (100) entries. Each
analyst will have a professional background in the film or television industry.
b) Round Two -- Analysts from the film and screenwriting industries will select
the contest finalists which will make up the top five (5) entries. Each analyst
will have a professional background in the film or television industry. Round
Three - Designated development executives and producers from the film and
television industry will select the prize-winning screenplays.
2. Judging Rules: Each judge will rate individual systems on a basic 1-10 point
grading system that will include, but not be limited to the following: a)
"Mechanical Execution" - format, page count, font and general presentation; b)
"Character Development" - Character arc, motivational implementation, and use
of back-story; c) "Conceptual Integration" - understanding of the script's
genre and market compatibility; d) "Story Structure" - Implementation of the
Three Act structure, proper use of transitions, story reveals, and plot
reversals. The top 50 scores will continue on to the semi-final round. The top
5 scores from the semi-final round will continue on to the final round. Three
winners will be selected from the top five screenplays. The remaining two will
automatically become the contest's "runner-up" participants.
3. Judging Details: Judging will be anonymous. Contestant name, address, phone
number, email (if available), and title of your screenplay should be included
on a cover page that is NOT attached to the script. Each screenplay will be
tracked and judged by a number that Contest Providers will assign which will be
linked to your personal information to ensure an impartial process. All judges'
decisions are final.
a. Round One (1) Judging will Start at 12:00 a.m. PST on February 1, 2008 and end on or about 11:59:59 p.m. on October 1, 2008. Promoter will randomly assign screenplays to first round Judges.
b. Round Two (2) Judging will Start at 12:00 a.m. PST on October 2, 2008 and end on or about 11:59:59 p.m. on November 10, 2008 (such period referred to herein as the "Round 2 Judging Period"), Promoter will randomly assign semi-finalist screenplays to second round Judges.
c.Round Three (3) Judging will Start at 12:00 a.m. PST on November 15, 2008 and end on or about 11:59:59 p.m. on December 15, 2008 (such period referred to herein as the "Round 3 Judging Period"), Promoter will randomly assign finalist screenplays to third round Judges
4. Winner Notification : The potential Prize Winners will be notified on or about December 15, 2008 by e-mail, mail and/or telephone. Failure of the potential Prize Winners to respond within five (5) days from such notification referred to above may result in disqualification and the selection of alternate Prize Winners. Alternate Prize Winners will be selected in the event the prize cannot be awarded to the potential Prize Winners selected. By entering the contest, each Contestant agrees to be bound by these rules and the decisions of the Contest Providers. In the event of non-compliance, alternate Prize Winners may be selected. All prizes will be awarded.
E. Prizes.
1. Grand Prize: One (1) Grand Prize winner shall receive the ScriptShark
Insider Grand Prize package consisting of: (a) Three Thousand United States
dollars ($3,000); (b) a guaranteed option for representation by a reputable
literary agency or management company; (c) (2) day/two (1) night trip for two
(2) to Los Angeles, California, which includes the following: (a) round-trip
coach air transportation for the Grand Prize Winner and a travel guest to Los
Angeles, CA on a domestic airline, from a major airport in a major city closest
to the Grand Prize Winner's residence (it being understood and agreed that such
travel guest must be leaving from the same destination of the Grand Prize
Winner and only if the Grand Prize winner lives more than 100 miles from Los
Angeles, CA), selected in the sole discretion of the Contest Providers and
subject to airline blackout dates and further restrictions ; (b) two night's
standard room/double occupancy hotel accommodations selected in the sole
discretion of the Contest Providers and subject to availability and further
qualifications set by the Contest Providers ; (c) dinner for two at a
restaurant selected in the sole discretion of the Contest Providers and subject
to availability and further qualifications set by the Contest Providers, one
(1) one-year subscription to The InfoSource data service, one (1) ScriptShark
coverage, one (1) Writers Boot Camps course, one (1) pass to ScriptShark's Out
of the Computer/Into The Industry seminar, one (1) annual subscription to
Script Magazine, one (1) hour pitch consultation with Good in a Room, and one
(1) screenplay software package. Approximate retail value of each ScriptShark
Insider Prize Package is approximately $1,154.00. Aggregate retail value of the
ScriptShark Insider Grand Prize package is $7,354.00
2.First Place: One (1) First Place winner shall receive ScriptShark Insider
First Place Prize Package consisting of (a) Two Thousand United States dollars
($2,000); one (1) one-year subscription to The InfoSource data service, one (1)
ScriptShark coverage, one (1) Writers Boot Camps course, one (1) pass to
ScriptShark's Out of the Computer/Into The Industry seminar, one (1) annual
subscription to Script Magazine, and one (1) screenplay software package.
Approximate retail value of each ScriptShark Insider Prize Package is
approximately $1,154.00. Aggregate retail value of the First Place prizes is
$3,154.00
3. Second Place: One (1) Second Place winner shall receive ScriptShark Insider
First Place Prize Package consisting of (a) One Thousand United States dollars
($1,000); as well one (1) one-year subscription to The InfoSource data service,
one (1) ScriptShark coverage, as well as magazine subscriptions, one (1)
Writers Boot Camps course, one (1) pass to ScriptShark's Out of the
Computer/Into The Industry seminar, one (1) annual subscription to Script
Magazine, and one (1) screenplay software package.. Approximate retail value of
each ScriptShark Insider Prize Package is approximately $1,154.00. Aggregate
retail value of the First Place prizes is $2,154.00
4. Runner-Up Prizes: Two (2) Runner-Up Winners will each receive one (1) Online Basic Training course certificates from Writers' Boorcamp, and one ScriptShark Insider Prize Pack containing: one (1) one-year subscription to The InfoSource and one (1) ScriptShark coverage, as well as magazine subscriptions and software (iv). Aggregate retail value of the runners up prizes is $1,154.00.
Total approximate retail value of all prizing (Grand Prize, First Place ,
Second Place and Runner-Up Prizes) is $17,278.00
5. Restrictions and Qualifications: All prizes listed above are subject to
certain restrictions and qualifications of the Contest Providers. Actual value
of trip will depend on point of departure and any airfare fluctuations. Air
transportation provided only if Grand Prize winner does not reside in Arizona,
Florida , Iowa , Louisiana , Maryland , New Jersey , and Vermont , Guam ,
Puerto Rico , and all other U.S. territories and possessions . Grand Prize
winner and his/her Guest must take air travel on same itinerary. Grand Prize
trip is subject to air travel and hotel availability, holiday and blackout
dates, and other restrictions. Travel must be completed by March 2008. Sponsor
will not replace any lost or stolen tickets, travel vouchers or certificates.
Once booked, no change, extension, or substitution of trip dates is permitted,
except by Sponsor at its sole discretion. If Grand Prize Winner is from a
jurisdiction that deems him/her to be a minor, he/she must be accompanied by
his/her parent/legal guardian, and such person must pay his/her own expenses
unless deemed to be the allotted travel guest. If travel guest is from a
jurisdiction that deems him/her to be a minor, he/she must be accompanied by
his/her parent/legal guardian, and such person must pay his/her own expenses
unless he or she is the Grand Prize Winner. Grand Prize Winner and travel guest
are responsible for obtaining all necessary and required travel documents.
Except where otherwise expressly noted in these Official Rules, the selection
of all vendors, prizes, airline carriers, hotel accommodations, products and
services are subject to the Contest Providers' sole and absolute discretion.
Prizes (and/or any potion thereof) are nontransferable and non-exchangeable.
All Expenses of the travel and participation in the prize packages expressly
set forth herein shall be at the expense of the Contest Providers to the
exclusion of certain unauthorized or additional charges including, but not
limited to, additional travel expenses, sightseeing, attractions, meals and
other additional expenses incurred. Moreover, beverage charges, meal charges,
gratuities, service charges, taxes, and other expenses not specified, are the
responsibility of the prizewinners. No substitutions or cash redemption of
prizes are permitted except that ScriptShark and Contest Providers retain the
right to substitute a prize of equal or greater retail value (or at
ScriptShark's election, the cash value of the applicable prize). Additional
restrictions may apply. All prizes will be awarded.
III. Miscellaneous.
A. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Contest, each
Contestant agrees to be bound by these Official Rules and by all decisions of
ScriptShark (which decisions are final and binding on all matters relating to
the Contest), and to comply with all federal, state and local laws and
regulations. The decisions of the Contest Providers are final on all matters of
fact, interpretation, eligibility, procedure and fulfillment. In the event of
non-compliance, alternate prizewinners may be selected. Entries and other
submitted materials become the property of the Contest Providers and/or its
promotional partner(s) and will not be acknowledged or returned. Neither the
Contest Providers nor Internet access providers are responsible for incomplete,
late, lost, misdirected or postage-due mail or for any technical malfunction,
human error, lost/delayed data transmission, omission, interruption, deletion,
defect, or line failure in connection with any telephone network, computer
equipment, software or any combination thereof. Entries are void if unreadable,
inaccurate, incomplete, mutilated, tampered with, forged, mechanically
reproduced, irregular in any way, or otherwise not in compliance with these
Official Rules. The Contest Providers make no warranties, and hereby disclaim
any and all warranties, express or implied, concerning any prize furnished or
made available in connection with the Contest. Although Sponsor attempts to
ensure the integrity of the Contest, the Contest Providers are not responsible
for the actions of entrants or other individuals in connection with the
Contest, including entrants' or other individuals' attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity, or proper conduct of the Contest. The Contest Providers
are not responsible for injury or damage to Contestant(s) or to any other
person's computer(s), other equipment, or person(s), related to or resulting
from participation in the Contest or downloading materials from or using the
Contest Site. If, for any reason, the Contest is not capable of running as
planned by reason of damage by computer virus, worms, bugs, tampering,
unauthorized intervention, fraud, technical limitations or failures, strikes,
industry conditions, bankruptcy or liquidation, marketplace demands, applicable
law, unforeseen obstacles, or any other causes which, in the sole opinion of
ScriptShark, could corrupt, compromise, undermine, or otherwise affect the
administration, security, fairness, integrity, viability, or proper conduct of
the Contest, ScriptShark reserves the right in its sole and absolute discretion
to modify these Official Rules and/or to cancel, terminate, modify, or suspend
all or any part of the Contest, and to select a winner from among all eligible
entries received up to the time of such cancellation, termination,
modification, or suspension, as applicable . Proof of mailing or submitting
entry will not be deemed receipt of such entry by the Contest Providers.
A. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Contest, each
Contestant agrees to be bound by these Official Rules and by all decisions of
ScriptShark (which decisions are final and binding on all matters relating to
the Contest), and to comply with all federal, state and local laws and
regulations. The decisions of the Contest Providers are final on all matters of
fact, interpretation, eligibility, procedure and fulfillment. In the event of
non-compliance, alternate prizewinners may be selected. Entries and other
submitted materials become the property of the Contest Providers and/or its
promotional partner(s) and will not be acknowledged or returned. Neither the
Contest Providers nor Internet access providers are responsible for incomplete,
late, lost, misdirected or postage-due mail or for any technical malfunction,
human error, lost/delayed data transmission, omission, interruption, deletion,
defect, or line failure in connection with any telephone network, computer
equipment, software or any combination thereof. Entries are void if unreadable,
inaccurate, incomplete, mutilated, tampered with, forged, mechanically
reproduced, irregular in any way, or otherwise not in compliance with these
Official Rules. The Contest Providers make no warranties, and hereby disclaim
any and all warranties, express or implied, concerning any prize furnished or
made available in connection with the Contest. Although Sponsor attempts to
ensure the integrity of the Contest, the Contest Providers are not responsible
for the actions of entrants or other individuals in connection with the
Contest, including entrants' or other individuals' attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity, or proper conduct of the Contest. The Contest Providers
are not responsible for injury or damage to Contestant(s) or to any other
person's computer(s), other equipment, or person(s), related to or resulting
from participation in the Contest or downloading materials from or using the
Contest Site. If, for any reason, the Contest is not capable of running as
planned by reason of damage by computer virus, worms, bugs, tampering,
unauthorized intervention, fraud, technical limitations or failures, strikes,
industry conditions, bankruptcy or liquidation, marketplace demands, applicable
law, unforeseen obstacles, or any other causes which, in the sole opinion of
ScriptShark, could corrupt, compromise, undermine, or otherwise affect the
administration, security, fairness, integrity, viability, or proper conduct of
the Contest, ScriptShark reserves the right in its sole and absolute discretion
to modify these Official Rules and/or to cancel, terminate, modify, or suspend
all or any part of the Contest, and to select a winner from among all eligible
entries received up to the time of such cancellation, termination,
modification, or suspension, as applicable . Proof of mailing or submitting
entry will not be deemed receipt of such entry by the Contest Providers. All
taxes (including without limitation Federal, state and local taxes) in
connection with any prize, and the reporting consequence thereof, are the sole
responsibility of the Prize Winners. The Prize Winners at the sole discretion
of ScriptShark will each be required to sign a notarized affidavit of
eligibility and compliance with these Official Rules, liability release,
publicity release (unless prohibited by law), address verification and other
registrations and participation information requested by ScriptShark and the
other Contest Providers (unless prohibited by law). If the Prize Winners are
under 18 years of age, his/her respective parent or legal guardian will also be
required to sign any document which the Prize Winners is required to sign
pursuant to these Official Rules. You are not a winner until your submissions
are validated. Failure to complete, sign and return all required documents
within fourteen (14) days of delivery to potential winner's claimed address or
return of prizes as undeliverable may result in disqualification and selection
of an alternate winner, at the sole discretion of ScriptShark. By entering this
Contest, unless prohibited by law, the potential winners consent to use of
his/her respective name, voice, photograph and/or likeness for advertising or
publicity purposes for this and similar promotions without compensation and the
potential winner and travel guest may be required to provide a signed release
acknowledging such consent. Moreover, by entering this Contest, unless
prohibited by law, the potential prize winners agree to grant to the Contest
Providers, and their respective licensees, affiliates, and assigns, the right
to print, publish, broadcast, and use, worldwide in any media now known or
hereafter developed, including without limitation the World Wide Web, at any
time or times, the prize winners' respective name, likeness (actual or
simulated), voice (actual or simulated), and biographical information as news
or information and for advertising and promotional purposes without additional
consideration; and further without such additional compensation, appear for, or
provide biographical information for use in, any presentation or other activity
which may include filming/audio/video/electronic or other recordings and/or
interviews, as may be determined from time to time by ScriptShark in its sole
discretion.
B. CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT THE CONTEST SITE THROUGHOUT
THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS CONTEST, CONTESTANTS
(A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY
ALL DECISIONS OF THE CONTEST PROVIDERS (WHICH DECISIONS SHALL BE FINAL AND
BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING
ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL
RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT
IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE. THE CONTEST
PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO
DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS CONTEST OR ANY FUTURE
CONTEST OR OTHER PROMOTIONS OF THE CONTEST PROVIDERS, ANY INDIVIDUAL IT
SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE
CONTEST OR THE CONTEST SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR
THE CONTEST SITE'S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS
OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE
INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO
AGREE TO THESE OFFICIAL RULES; OR TO BE IN VIOLATION OF THESE OFFICIAL RULES.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY
INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A
VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD
SCRIPTSHARK BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR
WILL BE MADE, SCRIPTSHARK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM
ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED
DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION
CRIMINAL PROSECUTION.
C. RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, CONTESTANTS RELEASE
AND HOLD THE CONTEST PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES,
DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART,
DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY
CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE
SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY
OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED
IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY,
DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, AND/OR INVASION OF PRIVACY.
D. LIMITATION OF LIABILITY: IN NO EVENT WILL THE CONTEST PROVIDERS BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE CONTEST SITE, THE DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST SITE, THE REMOVAL
FROM THE CONTEST SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR
THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE
AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE
CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E. GOVERNING LAW / ARBITRATION: This Agreement, the rights and obligations of
the Parties, and any claims or disputes relating in any way thereto shall be
governed by and construed in accordance with the internal laws of the State of
California , without regard to its choice of law principles which would require
application of the laws of another jurisdiction. Any dispute between the
Parties arising out of or relating to this Agreement shall be submitted to
binding arbitration. The arbitration will be conducted in accordance with the
American Arbitration Association's commercial Arbitration Rules as modified by
the terms of this Agreement. The arbitration shall take place in Los Angeles,
California before a single arbitrator, selected pursuant to such rules, and
shall be conducted on an expedited basis and in strict confidence. The
arbitrator selected pursuant to these Official rules shall be well acquainted
with the entertainment, Internet, and new media industries, and shall not have
the power to impose punitive damages. Each party hereby waives any and all
rights and benefits which it might otherwise have or be entitled to under
federal law or the laws of California or any other state to litigate any such
dispute in court, it being the intention of the parties to arbitrate all such
disputes. The arbitrator's decision shall be controlled by the terms and
conditions of these Official Rules, and any other agreements the applicable
Registrant may have entered into with Promoter in connection with the Contest,
and shall be final and binding, and shall provide for each party to bear its
own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY
RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or
enforced in any court of competent jurisdiction. If either party shall fail to
appear at the hearing on the date designated n accordance with the rules of the
American Arbitration Association, or shall otherwise fail to participate in the
arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte.
In the event of any dispute concerning these Official Rules, the Site's Terms
of Service or Privacy Policy, or any other agreement between the applicable
Registrant and Promoter in connection with the Contest, Registrant's sole and
exclusive remedy shall be to seek damages pursuant to an arbitration authorized
by this Paragraph, and in no event will any entrant be entitled to seek
injunctive or other equitable relief. If you do not agree to these requirements
(or any other provision herein), do not participate in the Contest.
F. DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique
nature and scope of the Contest, and because of the complexity of the
technology underlying the administration of the Contest (much of which
technology was created specifically for the Contest), ScriptShark reserves the
right, in addition to those other rights reserved herein, to modify any date(s)
or deadline(s) set forth in these Official Rules or otherwise governing the
Contest. ScriptShark cannot accurately predict the number of contestants who
will participate in the Contest.
G. PRIVACY: Information submitted in connection with the Contest will be
treated in accordance with these Official Rules and ScriptShark's Privacy
Policy (as may be amended from time to time), currently located at
http://www.baselineft.com/Help/privacyPolicy.cfm ; provided, that in the event
of any conflict between these Official Rules and such Privacy Policy, the terms
and conditions of these Official Rules shall prevail. Additionally, by opting
in to a specific offer by a Contest Provider, you agree to receive additional
email communications from such Contest Provider and your personal information
shall be governed by its privacy policy and terms of service currently located
at: (i) http://www.baselineft.com/Help/privacyPolicy.cfm; (ii)
http://www.baselineft.com/Help/termsofservice.cfm
H. SEVERABILITY; HEADINGS: If any provision of these Official Rules is found to
be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these Official Rules and shall not affect the validity
and enforceability of any remaining provisions. Headings and captions are used
in these Official Rules solely for convenience of reference, and shall not be
deemed to affect in any manner the meaning or intent of these Official Rules or
any provision hereof.
I. WINNER: For a list of winners, send a self-addressed stamped envelope after December 15, 2008 to: Winners List, "ScriptShark Insider" Contest, www.ScriptSharkInsider.com, Inc., 3415 S. Sepulveda Blvd, Suite 200, Los Angeles CA 90034. Requests for Winners List must be received by December 30, 2008. WA and VT residents may omit return postage..
J. RULE REQUESTS To receive a copy of these complete rules, send a self-addressed,stamped envelope to: Official Rules, "ScriptShark Insider" Contest, Baseline,Inc., 3415 S. Sepulveda Blvd, Suite 200, Los Angeles, CA 90034. Requests for Official Rules must be received by June 30, 2008. WA and VT residents may omit return postage..
K. PUBLICITY RELEASE. By participating in the Contest, in addition to any other
grants which may be granted in any other agreement entered into between Contest
Providers and any participant in or winner of the Contest, each Contestant
irrevocably transfers, grant and assigns to the Contest Providers and their
respective successors, assigns and licensees, the right to use their
videotaped/recorded names, User Names, likenesses, photographs, biographical
information and Submissions in any and all media for any purpose including
without limitation advertising and promotional purposes as well as on the
Contest Site, and other websites in connection with the Contest and other
promotions, and release the Contest Providers from any liability with respect
thereto. In connection therewith, Contest Providers shall have the right, in
each of their sole discretion, to edit, composite, morph, scan, duplicate, or
alter, the Submissions for any purpose which Contest Providers deem necessary
or desirable, and each Contestant irrevocably waives any and all so-called
moral rights they may have therein.
L. INTERNET PROVISIONS/FORCE MAJEURE. Contest Providers reserve the right in
each of its sole discretion to disqualify any individual who is found to be
tampering with the entry process or the operation of the Contest or the Contest
Site; to be acting in violation of these Official Rules; or to be acting in an
unsportsmanlike or disruptive manner, or with the intent to disrupt or
undermine the legitimate operation of the Contest, or to annoy, abuse, threaten
or harass any other person. Entries will be deemed VOID if incomplete or
illegible. No mechanically reproduced, illegible, incomplete, forged, software
generated or other automated multiple entries or reviews will be accepted.
Contest Providers reserve the right to modify, suspend, or terminate the
Contest and these Official Rules if it determines, in its sole discretion, that
the Contest is technically impaired or corrupted or that fraud or technical
problems, failures or malfunctions have destroyed or severely undermined the
integrity and/or feasibility of the Contest. In the event Contest Providers are
prevented from continuing with the Contest by any event beyond its control,
including but not limited to fire, flood, epidemic, earthquake, explosion,
labor dispute or strike, act of God or public enemy, satellite or equipment
failure, riot or civil disturbance, terrorist threat or activity, war (declared
or undeclared) or any federal, state or local government law, order, or
regulation, order of any court or jurisdiction, or other cause not reasonably
within the Contest Providers' control (each a "Force Majeure" event or
occurrence), Contest Provider shall have the right to modify, suspend, or
terminate the Contest, as applicable.
M. IMPORTANT, PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By
entering the Contest, Contestants agree that: (1) 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; (2) 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 will attorneys' fees be awarded or recoverable;
and (3) under no circumstances will any Contestant be permitted to obtain any
award for, and entrant hereby knowingly and expressly waives all rights to seek
punitive, incidental or consequential damages and/or any other damages, other
than actual out-of-pocket expenses, and/or any and all rights to have damages
multiplied or otherwise increased. Each Contestant acknowledges and agrees that
the Contest Providers are not responsible for any costs, injuries, losses, or
damages of any kind arising from or in connection with: (i) incomplete, lost,
late, misdirected or illegible entries or for failure to receive entries due to
any cause, including without limitation human, transmission, or technical
problems, failures, or malfunctions of any kind, whether originating with
sender, with ScriptShark, or otherwise, that may limit a Contestant's ability
to participate in the Contest or send or receive email notifications requiring
action or response by such Contestant; (ii) any injury or damage resulting from
participation in the Contest and/or the use of any prize (including, without
limitation, claims, costs, injuries, losses and damages related to personal
injuries, death, damage to, loss or destruction of property, or any claims,
costs, injuries, losses, or damages related to or based on the entrant's rights
of publicity or privacy, or the entrant's claim that he or she has somehow been
defamed or portrayed in a false light).
N. COPYRIGHT. In the event of a dispute where a given Screenplay or Scene
Submission is deemed to have been submitted by two (2) or more separate
Contestants or Writing Teams, without limiting Contest Providers' rights and
remedies, the Contestant that first submitted the Screenplay or Scene will be
deemed the proper entrant. If you believe in good faith that any other material
hosted on the Contest Site infringe(s) your copyright, please see and follow
the complaint procedures set forth in the Contest Site's Terms of Use. In the
event of any such dispute at any time during the Contest Period, Contest
Providers reserves the absolute right to remove from the Contest Site or block
access to any Screenplay or Scene Submission, and to take whatever actions
Contest Providers may deem necessary or appropriate in its sole and absolute
discretion to protect the operation and integrity of the Contest and the
Contest Site, including, without limitation, disqualifying the Contestant(s)
that submitted such Submission.
O. REPRESENTATION AND WARRANTIES/INDEMNIFICATION. Each Contestant who makes any
submission or submits any review in connection with this Contest, whether as a
Contestant, a Writing Team Member, or otherwise represents and warrants to
Contest Providers as follows: (i) the submission or review, as applicable, is
the Contestant's own original, previously unpublished, and previously
unproduced work, and has been created solely by such Contestant; (ii) the
submission is wholly original with Contestant and as of the date of submission,
is not the subject of any actual or threatened litigation or claim; (iii) the
submission does not infringe upon or violate the intellectual property rights
or other rights of any other person or entity; (iv) the submission does not and
will not violate any applicable laws, and is not and will not be defamatory,
libelous, pornographic, or obscene; (v) the submission will be fair, impartial,
and in good faith, and will comply with these Official Rules (including,
without limitation, requirements related to sportsmanship) and the requirements
set forth in any other agreement Contestant may enter into with Contest
Providers; and (vi) the submission will not contain any "viruses" or other
information, code, or material(s) that may damage or otherwise interfere with
the Contest, Contest Providers' computer systems or data, or the computer
systems or data of any other person or entity. Each Contestant hereby agrees to
indemnify and hold the Contestant Providers harmless from and against any and
all third party claims, actions or proceedings of any kind and from any and all
damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or
agreements of Contestant hereunder.
P. INVALIDITY/HEADINGS. The invalidity or unenforceability of any provision of
these Official Rules shall not affect the validity or enforceability of any
other provision. In the event that any provision is determined to be invalid or
otherwise unenforceable or illegal, these Official Rules shall otherwise remain
in effect and shall be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. Headings and captions
are used in these Official rules solely for convenience or reference, and shall
not be deemed to affect in any manner the meaning or intent of these Official
Rules or any provision hereof.
Q. WINNERS LIST. After the end of the Contest Period, the names of the
Contestants who comprised the Top 10, and Finalists, and the name(s) of the
Winning Director Contestant and the Winning Screenplay Contestant will be
posted to the Contest Site.