MOBILE JAM FEST INTERNATIONAL YOUTH FILM FESTIVAL (14-29)

MJF Rules and Regulations

MOBILE JAM FEST INTERNATIONAL YOUTH FILM FESTIVAL (14-29)
OFFICIAL CONTEST RULES

THE MOBILE JAM FEST INTERNATIONAL YOUTH FILM FESTIVAL (14-29) CONTEST (THE CONTEST) SHALL BE CONSTRUED AND EVALUATED IN ACCORDANCE WITH APPLICABLE CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA AND AROUND THE WORLD. NO PURCHASE IS NECESSARY TO ENTER. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE CONTEST RULES).

1. CONTEST PERIOD: The Contest opens at 11:59 p.m. Eastern Daylight Time (EDT) on Monday, September 4, 2008 and closes at 5:00 p.m. Eastern Standard Time (EST) on Monday, Sept 4, 2009 (the Contest Period).

2. ELIGIBILITY: To be eligible for the Contest, an individual must:

(a) be a legal resident of Canada or other countries;
(b) be between the ages of fourteen (14) and twenty-nine (29) years at the time of entry. Any participant under the age of majority in his/her jurisdiction of residence must have a parent or legal guardian sign on their behalf all documentation required in connection with the Contest;
(c) be the exclusive owner (or a licensee with the right to sub-license) of all right, title and interest (including copyright) in and to the Film (as defined below);
(d) consent to the use and re-use of the creative, or any portion thereof, in accordance with the Licence Agreement (as defined below); and
(e) not be party to any agreement granting rights or interests in and to the creative to a third party that would restrict the Sponsors’ use of the Film in accordance with the Licence Agreement.

Employees of Culture Creatives and Company, Yahoo Canada, Jambo Mobile, (the Sponsors), its and their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest, and the household members and/or the immediate family of any of the above are not eligible to participate in the Contest. For the purpose of the Contest Rules, “immediate family" means husband, wife, spouse, partner, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof within a reasonable period of time may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right to disqualify any entry or entrant in its and their sole discretion, should any entry or entrant at any stage contain and/or supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

3. HOW TO ENTER: No purchase necessary to enter the Contest. To enter for a chance to win:

(a) visit www.mobilejamfest.com (the Contest Website) for Contest details;
(b) prepare a creative piece in the areas of film, fashion, photography, music, machinima and Millennium Development Goals, that is no longer than five (5) minutes (each, a Film and collectively, the Films) in any of the following categories: the Categories);
(c) complete and submit the online registration form available at the Contest Website. Entrant will be required to include the following information: name, address, phone number, e-mail address, title of the Film, description of the Film (100-word maximum) and all other information outline in the registration form.
(d) submit a Film electronically via the MJF A section of the Contest Website.

Submission of the online registration form and the Film in accordance with the Contest Rules constitutes an Entry in the Contest. No entries will be accepted by any other means. Entries (including Films) will not be returned any reason. The Sponsors recommend that entrants keep all original design elements and masters, which must be presented upon request to the Sponsors. The Sponsors reserve the right to refuse Entries in its and their sole discretion. All Entries must be received no later than the end of the Contest Period. Entries will be declared invalid and automatically disqualified if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled, or determined to be inappropriate or offensive in the sole discretion of the Judges or the Sponsors.

By submitting an Entry, entrant represents and warrants that: (i) the creative does not contain any material that is libelous, defamatory, profane or obscene; (ii) the creative is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Film as contemplated by the Contest Rules and the Licence Agreement; and (iii) the Film does not infringe upon the intellectual property or other statutory or common law rights of any third party.

Limit of 1 entry per person, per category, per contest (total of 6 opportunities per competition) Entries per person. Entrant can enter each Category only once per contest. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning Entry.

4. CREATIVE REQUIREMENTS: Each Film must meet the following requirements:

(a) The CREATIVE must me original to the entrant;
(b) The Creative must be no longer than five (5) minutes in length;
(c) The Film must be submitted in 3gp, AVI, QuickTime, wmv or MPEG format, and must be compatible with Quicktime Player 7; and Windows Media Player
(d) The Film cannot be in a file size greater than one hundred (100) MB
(e) The Film must be submitted electronically via the MJF A section of the Contest Website.

Films that do not meet the foregoing criteria will be disqualified.

5. PRIZES:

(a) Finalist Prizes: There will be one (1) finalist prize (Finalist Prize) awarded to one (1) winner (the Finalist) in each of the six (4) Categories, every contest consisting of: prizes and a bursary from the Sponsors.

Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. The Sponsors reserve the right, in its and their sole discretion, to substitute a Prize or Prize component of equal or greater value if a Prize or any Prize component cannot be awarded for any reason whatsoever

Prizes will be distributed within 30 days after each Finalist and Winner has been successfully contacted and notified of his/her prize and has complied with the Contest Rules.

For the purpose of the Contest Rules, Finalist Prize and Grand Prize shall be collectively referred to as Prize or Prizes, and Finalist and Grand Prize Winner shall be collectively referred to as Winner or Winners, unless otherwise indicated.

6. SELECTION OF WINNERS:

(a) Preliminary Selection: Films will be posted to the Contest Website where the public will have an opportunity to vote for their favourite creative during the Contest Period.

(b) Final Selection: Entrants will have 8 weeks per competition to upload their creativity, after 8 weeks the competition will close and the audience will have the opportunity to vote for their favorite creative. The entrant who has submitted their creative that receives the highest number of votes from among all Categories will be declared a potential Category Prize Winner. In the event of a tie, the Judges will select the winning Film based on artistic merit, adhering to creative and technical requirements and appropriate delivery of theme. The decisions of the Judges shall be final and binding and may not be challenged in any way. Limit one Prize per person.

The selected potential Winners will be notified by e-mail, telephone and/or overnight mail no later than and must respond within ten (10) business days] of notification. If the selected potential winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not received a Prize and another potential winner will be selected. The Sponsors are not responsible for the failure for any reason whatsoever of a selected potential winner to receive notification or for the Sponsors to receive a selected potential winner’s response.

7. ODDS OF WINNING: The odds of winning depend upon the number of eligible Entries received, and the popularity/artistic value of the creativity received in each Category.

8. RELEASE AND INDEMNITY: Winner will be required to execute a legal agreement and release and indemnity (Release and Indemnity) that confirms: (i) Winners eligibility for the Contest and compliance with the Contest Rules; (ii) Winners acceptance of the Prize as offered; (iii) Winners release of the Sponsors and its and their parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the Releasees) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) Winners grant to the Sponsors of the unrestricted right, in the Sponsors sole discretion, to use and re-use the Film in accordance with the Licence Agreement, and to use and re-use (without compensation) the Winners voice, likeness, name, appearance and biographical material in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation (in any form or media) thereof; (v) that Winner releases, indemnifies and holds harmless the Releasees from any and all liability for any injuries, loss or damage of any kind to the entrant, Releasees or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Contest, any breach of the Contest Rules, or in any prize-related activity; and (vi) that the entrant fully indemnifies Releasees from any and all claims by third parties relating to the Contest, without limitation (including legal fees and disbursements). The executed Release and Indemnity must be returned to the Sponsors within five (5) business days of receipt of a written prize confirmation and or the selected potential winner will be disqualified and the Prize forfeited.

9. LICENCE TO USE FILM: By entering the Contest, the entrant acknowledges and agrees that he/she shall be bound by the terms and conditions of the Licence Agreement attached hereto as Schedule A (the “Licence Agreement). At the time of entry, the entrant must indicate his/her approval of the terms and conditions of the Licence Agreement. Entrants who do not consent to the Licence Agreement will be disqualified.

10. LIMITATION OF LIABILITY: The Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating in or downloading materials in connection with this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website and/or any related website.

11. CONDUCT: By entering this Contest, entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in its and their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website, or any related website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

12. PRIVACY / USE OF PERSONAL INFORMATION: By participating in the Contest, entrant grants the Sponsors the right to: (a) use his or her personal information for the purpose of administering the Contest; (b) use his or her name, photograph, likeness, voice, prize information and/or biographical information for publicity and promotional purposes without further compensation unless prohibited by law; and (c) use his or her name and his or her respective city and province of residence in connection with the Contest Website, other related websites and/or in any media now known or hereafter devised. Personal information will not be provided to any third party other than as provided for in the Contest Rules. The Sponsors and any third party agents of the Sponsors will use personal information only for purposes related to this Contest and will be required to protect all personal information in a manner that is consistent with the Creative Cultures and Company Inc. Privacy Policy available at: www.mobilejamfest.com

13. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, logos, slogans and representations are owned by the Sponsors and/or its and their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

14. TERMINATION: The Sponsors reserve the right, in its and their sole discretion, to cancel, amend, modify or terminate all or any portion of this Contest at any time for any reason without prior notice.

15. LAW: These are official Contest Rules. This Contest will be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable to contracts wholly made and performed therein, excluding the application of any rule or principle of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction. The parties hereby attorn irrevocably to the exclusive jurisdiction of the province of Ontario.

16. WINNERS LIST: If you would like a copy of the Winnerâs list, please visit www.ccandco.com.