The Big Lunch Short Film Competition Terms and Conditions
Definitions:
The Competition - means the Raindance.tv competition to be held during 2009 in association with The Big Lunch and MasterCard
Competition Partners - means any companies including but not limited to MasterCard, The Big Lunch, The Eden Project, McCann Erickson, Raindance.tv Plc, British Independent Film Awards, Raindance Festivals, or any others who are acting on behalf in any aspect of this Competition.
Competition Website means the web pages hosted by Raindance.tv for the purposes of promoting and operating the Competition.
Entrants means any person or persons who intend to or who have submitted a film for the Competition.
Submitted Film means any film submitted to Raindance for the purpose of qualification for the Competition
Music Track means the 10 second and 40 second music tracks available via the Competition Website and which are taken from the MasterCard Big Lunch TV commercials.
End Title Card means the JPEG image available via the Competition Website and which incorporates the Competition Partner Logos and Tag Lines.
Partner Logo means any marks or branding owned by MasterCard, Raindance, The Big Lunch, McCann Erickson and their affiliates.
Tag Lines means the phrases “Turning our Streets into neighbourhoods: Priceless” and “Priceless”
Section 1
1. This Competition is starting from June 3rd 2009.
2. The closing date for receipt of entries is June 29th 2009. Entries must be submitted in the formats prescribed by MasterCard and Raindance.tv by using the upload function provided.
3. There is no limit as to the number of Submitted Films each user can submit
4. Films over 60 seconds in length will be disqualified.
5. This Competition is free of charge and without purchase necessary, and is open to anyone who is resident in the UK, who is 16 years of age or older, except employees of the Competition Partners, their agencies and anyone else connected with the creation and administration of the promotion.
6. Submitted Films can be filmed and edited in any format, however, on request Entrants must be able to provide a high resolution copy of their film.
7. Before submitting a film, participants must be registered on Raindance.tv. To register, click here.
8. Entrants must also provide all additional data about themselves as required by Raindance.tv during the process of submitting their film.
9. To submit a film Entrants must agree to the Competition Terms and Conditions, by registering for the Competition and ticking the box “I have read and agreed the Competition Terms and Conditions”
10. Entrants must ensure that they obtain all rights and clearances necessary to allow the film to be used as defined in clause 28 and that they obtain a signed release form from every person who appears in or contributes to the their Submitted Film. Raindance.tv and MasterCard reserve the right to request to see evidence of the necessary clearances and the release forms. Failure to provide a signed form for every or any participant may result in disqualification. A sample form can be downloaded here.
11. In order to download the Music Track and the End Title Card from the Competition site Entrants will be required to confirm their acceptance of, and agreement to be bound by these Terms and Conditions
12. In downloading the Music Track and the End Title Card from the Competition site all Entrants confirm they may only use these assets for the sole purpose of including them in their Submitted Films
13. The Music Track provided on the Website is not for use except for inclusion in the body of any film entered to the Competition. The track may be cut down/looped but must remain in its original form without remix/rework
14. The Tag Lines “Turning our streets into neighbourhoods: priceless” and “Priceless” are the property of MasterCard and Entrants who submit a film to the Competition are granted the right to use these tag lines solely for the purpose of inclusion in the Submitted Film, such right to be revoked if the film is not selected for Competition.
15. MasterCard has the right, once the Competition is over, to demand that you remove the End Title Card from your Film in any future use of it. You acknowledge this right and undertake to comply with it.
16. There will be 1 winner of the main prize and 1 winner of the YouTube prize. These will be selected from films shortlisted by the jury
17. The winners will be notified within 8 weeks of the closing date
18. The Winners will receive the prizes as defined here . The work placement at McCann Erickson or a production company which is offered as a prize to the main winner will be provided at a time and location to be determined at the sole discretion of McCann Erickson.
19. Raindance.tv reserves the right to require any and all Entrants to send a high quality version of their film on DVD or CD-ROM at judging stage (This is to ensure that a copy of suitable quality for transfer to formats such as film is available) to:
MasterCard Competition
Raindance TV
38 Langham St
London W1W 7AR
United Kingdom
Films cannot be returned. No responsibility will be accepted for entries lost, delayed or damaged in the post or inefficiently pre-stamped.
20. Raindance.tv reserve the right to disqualify any entry for any reason, including those that are incomplete, altered or illegible entries.
21. By entering the Competition all Entrants authorize Raindance.tv to pass on their details to MasterCard and its agents and Raindance.tv’s affiliate partners for the sole purpose of executing the Competition.
22. MasterCard and Raindance.tv will decide which Submitted Films are selected for the Competition at their sole discretion. This is the process referred to as ‘Selection for Competition’.
23. Sexually explicit or violent material or other material deemed by MasterCard and Raindance.tv to be defamatory, offensive or inappropriate and/or which prevents the use of the material at any time of day or prevents viewing by people of any age, will be disqualified from the Competition.
24. The decisions of MasterCard and Raindance.tv on the identity of the winners are final and binding. No correspondence will be entered into.
25. The winners’ names and country of origin can be obtained by post by sending a stamped addressed envelope to Raindance.tv PLC, 38 Langham st., London W1W 7AR.
26. MasterCard and Raindance.tv do not assume any responsibility or liability for any misuse of intellectual property by any Entrant, nor for any content appearing in a Submitted Film which has not been directly supplied by MasterCard or Raindance.tv via the Competition Website.
27. MasterCard grants the Entrant the right to use the Music Track or sections or loops thereof from the 10 second TV ad and the 40 second TV commercial as supplied via the Competition Website for the sole purpose of inclusion in their Submitted Film.
28. When a Submitted Film is selected for Competition MasterCard and Raindance.tv are granted an unfettered, irrevocable, royalty-free, exclusive licence from the date of submission to 28 September 2009 and a subsequent unfettered, irrevocable, royalty-free, non-exclusive licence from 29th September 2009 for 24 months to show the Submitted Film worldwide in all media including but not limited to theatrical, TV, DVD, IPTV, Online, Mobile. MasterCard and Raindance.tv reserve the right to require an Entrant to sign a hard copy of this license agreement.
29. Entrants whose films have been selected for Competition may, during the exclusive licence period, publish their films only on their own web sites, which are promoted under their own name and hosted by themselves.
30. Any Submitted Film which is not selected for Competition cannot be used or published in any way by anyone including the person who made and submitted the film without first removing any reference to the Competition, Raindance, MasterCard and the Big Lunch or other Competition Partners, including but not limited to End Title Cards, logos and tag-lines (including the Tag-line “Turning our streets into neighbourhoods: priceless”), as well as (if used) the music provided by MasterCard.
31. To the extent that any data supplied by you (such as your name, email address, gender, age and movie preferences) while using the Raindance.tv Website is personal or sensitive (as defined in any relevant data protection legislation), such data will only be used by MasterCard and Raindance.tv in accordance with applicable data protection legislation for the time being in force in the UK and EU. Your personal data will not be used in any other way without your consent.
32. Terms and conditions are subject to change at the discretion of MasterCard and Raindance.tv.
33. These terms and conditions are subject to English Law; any dispute stemming from their existence, interpretation or from their execution, will be subject to the exclusive jurisdiction of the Courts of England and Wales.
34. Raindance and MasterCard shall not be responsible for any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof.
Section 2
By agreeing to the Terms and Conditions, the Entrant:
1. Grants to Raindance.tv and MasterCard an unfettered, irrevocable, royalty-free, exclusive licence from the date of submission to 28 September 2009 and a subsequent unfettered, irrevocable, royalty-free, non-exclusive license from 29th September 2009 for 24 months to show the Submitted Film worldwide in all media including but not limited to theatrical, TV, DVD, IPTV, Online, Mobile, such rights to be terminated if the film is not selected for Competition. MasterCard and Raindance.tv reserve the right to require an Entrant to sign a hard copy of this license agreement.
2. Acknowledges that if their Submitted Film is selected for Competition they may, during the exclusive licence period, publish their films only on their own web sites, which are promoted under their own name and hosted by themselves; for the avoidance of doubt no distribution, sub licensing or commercial exploitation rights are vested with Entrant.
3. Agrees without limitation that any Submitted Film which is not selected for Competition cannot be used or published in any way by anyone including the person who made and submitted the film without first removing any reference to the Competition, Raindance, MasterCard and the Big Lunch or other Competition Partners, including but not limited to End Title Cards, logos and tag-lines (including the Tag-line “Turning our streets into neighbourhoods: priceless”), as well as (if used) the music provided by MasterCard.
4. Warrants that they have acquired all rights and clearances necessary for the granting of rights to MasterCard and Raindance.tv outlined above in Section 1 clause 28 and Section 2 clause 1, and that nothing in the Submitted Film is libellous or defamatory or infringes any performer’s right, property right, moral right, right of copyright, right in respect of music and/or lyrics in the film, right of privacy, right of publicity or any other right whatsoever of any third party. Evidence of such clearances may be requested.
5. Acknowledges that it is Entrant’s responsibility to secure all necessary clearances as defined in Section 2, clause 4 and that neither Raindance.tv, McCann Erickson nor MasterCard are in any way responsible for failure to secure the correct clearances and that MasterCard and Raindance.tv have the right to request to see any and all evidence of clearances including release forms.
6. Warrants that any audio included in the Submitted Film other than the Music Track available on the Competition web site is cleared for use as envisaged hereunder, and no payments will be required by MasterCard or Raindance.tv or any third party in relation to exploitation. Entrant agrees that they will, if requested, furnish proof of all required clearances for third party materials that they include should Raindance.tv request this.
7. Warrants that all persons appearing in the Submitted Film are able to give, and have given, their full consent to participation and to the exploitation of the rights in the film as envisaged hereunder.
8. Warrants that no sums are payable by MasterCard or Raindance.tv to any person whatsoever with respect to the screening of the film as outlined in Section 1 clause 28 and Section 2 clause 1.
9. Acknowledges that the Tag Lines “Turning our streets into neighbourhoods: priceless” and “Priceless” are the property of MasterCard and Entrants who submit a film to the Competition are granted the right to use these tag lines solely for the purpose of inclusion in the film, such right to be revoked if the film is not selected for Competition.
10. Agrees that they may only use the Music Track, End Title Card or any other assets which are available on the Competition site for the sole purpose of including them in the Submitted Film(s).
11. Agrees that MasterCard has the right, once the Competition is over, to demand that you remove the End Title Card from your Film in any future use of it. You acknowledge this right and undertake to comply with it.
12. Indemnifies MasterCard, Raindance.tv and its Competition Partners against any loss or damages occurring due to any breach of these terms and conditions, including but not limited to the failure to gain the appropriate clearances or as a result of defamation of another person or organization.
13. Agrees that MasterCard, Raindance.tv and its Competition Partners may use the Entrant’s name in any publicity pertaining to the Competition if the Entrant succeeds in being selected as a winner or having their Submitted Film shortlisted.
14. Acknowledges that the Submitted Film will be used as promotional material to support The Big Lunch and has no commercial value
15. The Competition and rules are run under the interpretation of UK law. Terms and conditions translated in any other language than English are for reference only and the English version will prevail in the event of conflict.
The promoter is Raindance.tv
Please do not send applications to this address.









