THIS CONTRACT FOR PARTICIPATION IN A CONTEST entered into Turi Film Festival a unit of Living Aids (henceforth referred as “TFF”) and the SECOND PARTY (henceforth referred as “participant”) acknowledging the terms and conditions listed in this document.
NOW THIS CONTRACT WITNESSETH
WHEREAS www.turifilm.com is a website to gather films submitted to Turi Film Festival through the digital platform.
WHEREAS TFF has made substantial investments in, and has developed a valuable identity for, the unique symbols and exceptional features for film and story telling in different platforms and shall continue to develop the contest expertise and the business therefrom.
AND WHEREAS the Second Party is interested to submit a film for TFF.
AND WHEREAS both the parties have decided to enter into a contract on the terms and conditions hereinafter mentioned.
Now this contract witnesses:
- Turi Film Festival retains the unabridged right to appoint the judges of the jury. The Second Party or any other participant or any other person shall not have any say in the appointment.
- The films that will be showcased shall be decided by Judge/s appointed by Turi Film Festival.
- The participant categorically agrees that decision of the judge/s is final in respect of the films selected for showcase in the portal. The Participant shall unequivocally submit to the decision of the judge/s. The Participant unambiguously understands and agrees that there is no further scope of appeal or litigation.
- The Participant understands this an open public platform and the number of participants is not fixed.
- The TFF is open to everyone. Participants must pay a nominal Entry Charge of 500 per submission. There is no bar on the number of submissions per person or group.
- Every film must be submitted in MP4 format.
- Once a film is submitted, it cannot be withdrawn.
- The participants must ensure that their film(s) complies with the guidelines of online platforms including but not limited to YouTube, Instagram, and Facebook. It will be the responsibility of the participant to settle any flags/objections raised by any online platform.
- A title clip of 5-10 seconds will be added to every film containing specific details and/or messages related to the TFF.
- The participants may include Opening Credits and Closing Credits as per their own discretion.
- Every film will be subject to a jury evaluation following which they will be uploaded on a YouTube Channel where they will be open for public voting.
- The films that win the maximum number of points shall be declared the winners respectively and shall be winning cash prizes.
- There shall be a “Jury Choice Award” which shall be determined by the decision of the jury.
- In case of any disputes, the decision of the organizers of the TFF shall be final and binding.
- The organizers of TFF reserve the right to alter/modify the rules or regulations mentioned herein and/or related to TFF at any point in time.
- All entries submitted must be original. No intellectual property including but not limited to copyrighted material, trademarks, and designs shall be used without the due authorization of the intellectual property holder. In case of any dispute related to the ownership of the submitted material, the organizers reserve the right to cancel the participation of any candidate. In case of such cancellation, the entry fee shall not be refunded by the organizers. The organizers shall not be responsible for any intellectual property disputes arising from the submitted material.
- The criteria for evaluation shall be public activity and voting trends based on a weighted average method decided by the organizers of TFF wherein every indicator of public engagement including but not limited to likes, shares, unique comments, and unique hashtags shall account for a specific number of points. The points attached to every such indicator shall not be the same across different activities. For instance, comments and likes shall have different points; identical comments or multiple comments from the same source shall not be considered individually but as one. The point system will be communicated separately to the contestants shortlisted by the jury.
- The entries/films submitted may be published elsewhere after the festival as per the consent of the owner of the film. The shortlisted submissions will remain on the channel where they are uploaded for public voting, even after distribution of the award.
- The participant shall be chosen on compliance and adherence to the representations made and this agreement, and the continued compliance with all of the regulations of the Program. In such regard, the participant acknowledges that its ability to submit in https://turifilm.com/ shall be subject to review.
- The Participant declares, affirms, and guarantees, to the best of his knowledge and belief that
- The submitted material cannot be in any way called plagiarism or inspiration.
- The participant solely owns the Intellectual Right of the material submitted in https://turifilm.com/
- The submitted material does not infringe Intellectual Right of any other person/organisation, and,
- The participant is not a party to any contract with any person, organisation, firm or corporation in respect of the material submitted in https://turifilm.com
- The participant does not have any legal obligations that would prevent or limit participation or compliance with the rules, regulations, and conditions of https://turifilm.com/
- The submitted material does not infringe any law.
- The Participant shall indemnify and keep indemnified Turi Film Festival of any claim arising out its participation or any claim arising out Intellectual Property Right claims or any claim arising out of the participant’s actions and/or negligence against the letter and spirit of this contract.
- The participant shall make good any loss incurred.
- Therefore, by accepting and entering this Contract the Participant represents and agrees that
- all facts and representations contained in this Contract and its attachments are true and accurate;
- the Participant agrees to abide by all rules and regulations of described in this Contract and its attachments,
- the Participant meets each requirement for eligibility set forth in this Contract; and
- Turi Film Festival shall have the sole discretion to determine whether, in its judgment, the Participant may continue to participate in the event that the Organisation determines that any statement representation by the Participant is not true and accurate or that any action by the contestant is inconsistent with the rules and regulations of the Program.
- Personal Data:The data provided by the participant is true and accurate.
- Payout: All awards will be in Indian currency and made to an Indian bank account only.
- Prior Conduct:The participant has never, knowingly, or unknowingly, performed any act or engaged in any activity or employment that is could be characterizes as dishonest, immoral, lewd or indecent or any such activity that shall bring bad publicity or any activity that shall adversely affect the goodwill and good market standing of Turi Film Festival.
- The participant is in good mental and physical health, to the best of the participant’s knowledge, and can participate fully in any, and all activities of Turi Film Festival. Any current medical condition or disability will not impede the participant’s ability to participate and compete in all activities of the submission and fulfill the obligations under this Agreement.
- The participant will provide Turi Film Festival any required or reasonable or exceptional assistance as required and determined solely by Turi Film Festival.
- The Participant will not engage in any actions or behavior that could be perceived by the https://turifilm.com/contrary to the program or its elements.
- The Participant acknowledges that it has been given a sufficient opportunity to review this Application and Contract and its attachments. The Participant also had the due and proper opportunity to consult with an Advocate of own choosing to take legal advice with regard to this Contract.
- The Participant agrees to participate in the series of events and appearances leading to the events organised by Turi Film Festival on the dates solely determined and scheduled by Turi Film Festival. The Participant do not have say or power in determination of dates.
- The participation may include public appearances scheduled by including, but not limited to, television and radio broadcasts, personal appearances, interviews, still photo sessions, and video and audio taping or filming of all or any part of the events associated with the competition.
- Turi Film Festivalhas the sole right and authority to determine the manner and method of conducting the activities of Turi Film Festival. The participant further understand and agree that the Turi Film Festival also determine the time, method and manner of judging the submission and showcasing it in digital and print media.
- The participant hereby authorizes TFF and anyone duly licensed or authorized by it to (1) publish, televise, photograph, broadcast, online and/or offline, and/or make radio, television, video and audio tapes or motion picture recordings of the submitted material, the Participant, individually or in a group; for advertising purposes of Turi Film Festival or otherwise for publicity (2) use or re-use such photographs, recordings, video tapes, audio tapes and/or motion picture films in all media throughout the world in perpetuity; and (3) use participant’s name, likeness and/or physical depiction for any purpose in perpetuity, in an unedited or edited manner or fashion as the, in its sole discretion. Any use of the participant’s name, likeness and/or physical depiction when identified with the Program, shall be the sole and exclusive property of the Turi Film Festival. The participant understands and agrees that the participant has no claim or right to the submitted material in perpetuity. The participant understands and agrees that this provision refers to and includes all text, image, art, photographs, tapes and films from any activities relating to the competition, including but not limited to interviews, and publicity events, either individually or as a member of a group.
- The participant understands that if, at any time, any facts concerning the participant’s eligibility to participate should change, including without limitation of the participant’s ability to participate fully in all contestant activities, citizenship, good character and reputation or behavior that is, or could be, perceived as contrary to the objective of Turi Film Festival or its elements, or in contravention of any law or in infringement of someone rights, then Turi Film Festival shall have absolute undeterred right to determine that the participant is not eligible to participate.
- The Participant understands and agrees that:-
- This contract is principal to principal.
- The Participant is not and will not become an employee or agent of Turi Film Festival.
- The Participant irrevocably appoints Turi Film Festival as the representative and attorney-in-fact with the authority to:
- act for the participant and in the participant’s interests throughout the world to publish the submitted material, its communication, its publicity including the making of all press releases or other public statements to the media, both online, off line and/or in print;
- sign, make, execute and deliver all contracts for the submission made by the participant in performance at theatrical, artistic or commercial engagements or other personal appearances, and undertake commitments for the satisfaction of the participant’s obligations pursuant to those contracts;
- sign, make, execute and deliver all contracts in the name of the participant in connection with any appearances or other obligations which are related to derive maximum commercial benefit out of the submitted material.
- determine the appropriate compensation, if any offered, that shall receive for appearances or other activities.
- Turi Film Festival may also contract for and receive sponsorship fees and other payments in course of publishing and publicity of submitted work. The Participant duly understands and agrees that it shall not be entitled to receive any portion of these fees or payments nor does it have the discretion to refuse any sponsor arrangements.
- Participant understands and agrees that Turi Film Festival has not made and makes no representations as to amount of compensation or the number or nature of the appearances that the participant may be asked to make or the kind or amount of publicity to be made, and yet the Participant agrees to participate in contract and license to use his creation, as Turi Film Festival shall spend considerable time, energy, effort, expertise and money towards organising, advertisement, public relation/publicity and public attention. Such advertisement, public relation, publicity and public attention will raise the profile of the participant.
- The participant understands that, prior to the competition and execution of this contract, the Turi Film Festival has entered into various contracts and commitments for smooth and better conduct of contest or contract for publicity, deriving commercial benefit etc as aforesaid. The participant agrees that such contracts will be binding on the Participant to the same extent as if the Participant had itself entered into such contracts.
- The participant acknowledges and agree that the submissions made are the property of Turi Film Festival. The participant agrees never to use, or to authorize anyone else to use, those or any similar or related phrase, in association with the participant or the participant’s name or likeness in any way without prior written approval.
- All published work and publicity material including text, image, art, photographs, video tapes, audio tapes, motion picture films, or other recordings or reproductions made including but not limited to press interviews, judges interviews, rehearsals and publicity events, become and remain the property of Turi Film Festival in perpetuity. The participant understands and agrees that the provisions of this section shall specifically survive the termination of this Application and Contract.
- The participant understands that all award, title etc that the participant may win will be forfeited in the event that the participant breaches this Contract or fail to perform any duties that the participant may have as a Contestant. The participant also understands and agrees, however, that such award etc. may be forfeited if the participant has made any misrepresentations as to eligibility to compete.
- The participant agrees to provide request, with any documents or information necessary to determine any question with regard to the participant’s initial or continuing eligibility to compete. The participant also agrees to cooperate fully with any inquiry undertaken by Turi Film Festival and to provide sworn statements and any relevant documents if requested.
- The participant understands and agrees that in any of the following circumstance the eligibility of the participant will be terminated and this contract could be terminated by Turi Film Festival.
- representation, statement or information made by the participant is determined false.
- there is a change of circumstances that would affect the participant’s eligibility to participate fully in the competition
- the participant fails to conduct itself in a manner which, in the sole and exclusive judgment of Turi Film Festival and inconsistent with the letter and spirit and/or standards and dignity of the contest.
- The participant does not abide by the Rules mentioned in https://turifilm.com/rules/, the guidelines and limitations, as applicable.
- Turi Film Festival has the sole power and authority to determine the participant’s eligibility to participate or continue to participate in the contest. In that event of ineligibility, all titles, awards, and perquisites shall be terminated and forfeited.
- The participant understands and agrees that the services and duties described in this Application and Contract are unique and extraordinary and that there is no adequate remedy at law for any breach of this Application and Contract by the participant. Therefore, in the event of any such breach, or in the event of such a breach that is attempted or threatened, the participant agrees that entitled to equitable relief by way of injunction or otherwise to prevent or repair such breach or attempted or threatened breach.
- The Parties here agree that Kolkata High Court shall have exclusive jurisdiction.
Contract should be declared void or unenforceable, such provision shall be deemed omitted from this Application and Contract. In that event, the remainder of this Application and Contract shall remain in full force and effect.
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- Arbitration of Disputes. Any controversy or claim arising out of or relating to this Application and Contract or any breach thereof shall be submitted to arbitration in Kolkata. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
By clicking on “I agree to the Terms & Conditions” participant understands that the participant is giving up right to bring claims in a court of law or resolve any controversy or claim arising out of or relating to this Application or Contract, unless the arbitration process is completed. The participant will also pay all fess of the process.