Call for Entries - Terms of Submission


RIGHTS GRANTED

By submitting a work for consideration (a Work), entrant hereby grants the Festival the following non-exclusive, irrevocable rights:

  1. To curate and assemble the Work into traveling programs to be exhibited and publicly-performed in the Festivals extended, national annual tour through January;
  2. To compile the Work into format groupings (e.g., short, animation, documentary) on a Blu-ray/DVD, or appropriate media for projection;
  3. To exhibit and publicly-perform portions of the Work, as selected by the Festival, on the Festivals website;
  4. To exhibit and publicly-perform Work chosen for the festival tour beyond January;
  5. To use and display the names, voices, photographs, likenesses, and biographies of the entrant and the Works director and producer for advertising, publicizing, and promoting the Works in any media now or hereafter known throughout the universe; and
  6. To use, publicly display, and publicly perform moving images and stills from the Works for advertising, publicizing, and promoting the Works in any media now or hereafter known throughout the universe.

REPRESENTATIONS AND WARRANTIES

Entrant hereby represents and warrants that as of the submission of this Entry Form and at all times thereafter:

  1. Entrant has all requisite power, authority, and approvals to sign this Entry Form and grant the rights granted in this Entry Form;
  2. Entrant has all right, title, and interest in and to the Work for the purposes outlined in this Entry Form, and has cleared all copyrighted material (e.g., music and stock footage) included in the Work;
  3. Neither the Work nor any of its elements infringes upon the copyrights or trademarks of any person or entity; and
  4. The exhibition and public performance of the Work will not violate the rights to privacy of any person, constitute defamation against any person, or in any other way violate the rights of any person or entity.

INDEMNIFICATION

Entrant hereby indemnifies the Festival its successors, licensees, assigns, officers, directors, employees, and any representatives thereof, against any and all claims, expenses, losses, or damages (including reasonable attorneys fees) incurred by reason of the breach of the foregoing representations and warranties.


LIMITATION OF LIABILITY

IN NO EVENT WILL THE FESTIVAL, ITS ORGANIZERS, EMPLOYEES, OFFICERS, DIRECTORS SPONSORS, OR PARTICIPATING ORGANIZATIONS BE LIABLE TO THE ENTRANT OR ANY OTHER PARTY FOR: (1) DAMAGE TO OR LOSS OF THE WORK OR ANY OTHER MATERIALS SUBMITTED TO THE FESTIVAL; OR (2) ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THE WORK, INCLUDING, BUT NOT LIMITED TO, EXHIBITION DELAYS, REGARDLESS OF WHETHER THE FESTIVAL WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE FESTIVALS AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT WILL NOT EXCEED THE ENTRY FEE.


CHOICE OF LAW

This Call for Entries and this Entry Form, and any and all disputes directly or indirectly arising out of or relating to this Call for Entries or this Entry Form, will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to the choice of law rules thereof. Entrant hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in New Jersey for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.

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