Clapit’s #SMACKFILM Open Call Competition – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY. THE CONTEST IS VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN, PINTEREST OR GOOGLE+.
1 Eligibility in the United States. The #Smackfilm Open Call competition (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) or older at the time of entry. Employees of Clap Online Pty Ltd, Clap Online Inc. and its related companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all federal, state and local laws and regulations and is void outside of the U.S. and where prohibited by law. Entrant (and its legal guardian if Entrant is a minor) must have proper travel documentation, such as a license, passport or Visa if Entrant must travel by airplane in the United States in time to appear and perform as scheduled or Clap Online Pty Ltd. and Clap Online Inc. shall have the sole right to disqualify the Entrant from the #Smackfilm Open Call immediately and choose another Winner. Sponsor is not responsible for obtaining such proper travel documentation for Entrant or its legal guardian or substituting another production to appear in if Entrant cannot make it to the scheduled film shoot.
2 Sponsor and Host. Clap Online Pty Ltd. and Clap Online Inc. c/o- Wilk Auslander LLP, 1515 Broadway, New York, NY 10036. D.J. Higgins of Meet Mario LLC, 52 Jeanette Ave
Staten Island, NY 10312. Clap Online Pty Ltd and Clap Online Inc. may hereinafter collectively, and each individually, be referred to as the “Sponsor” or “clapit.” D.J. Higgins, producer of Smack Film, may hereinafter be referred to as the “Host.”
3 Agreement to Official Rules. By using the Contest hashtag specified in Section 5 below, you (and your legal guardian if you are a minor) indicate your full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding. You further represent and warrant that you meet the eligibility requirements. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner. Should you breach these Rules in any way you may be automatically disqualified from the #Smackfilm Open Call without notice from Clap Online Pty Limited; you withdraw your right to sue Clap Online Pty Limited in any capacity because of this breach.
4 Entry and Voting Period. The Contest begins on October 1, 2018 at 12 a.m. Eastern Daylight Savings Time and ends on October 14, 2018 at 11:59 p.m. EST (the “Entry and Voting Period”). Entries received prior to or after the Entry and Voting Period will be disqualified.
6 A “clap” is a vote which must be made by a “real” user. Any “fake” claps detected by Clap Online Pty Limited will automatically disqualify entrants of the #Smackfilm Open Call. Clap Online Pty Limited reserves its rights to make this determination with immediate effect by taking down your audition video immediately, and further you consent and understand that you will not be notified if any cheating is detected due to “fake claps” which are generated in any way other than by “real users” of clapit. You acknowledge that Clap Online Pty Limited is exempt from any lawsuit should Clap Online or its Founders, employees, agents or consultants decide that you have generated “fake claps” and disqualify you from this open call. In essence anyone who is cheating or that Clap Online Pty Limited determines to be cheating which Clap Online Pty Limited will decide without limitation will be automatically disqualified. Clap Online Pty Limited its founders, employees, agents or consultants do not need to specify the reason other than they have suspicion that your audition video contains or contained “fake claps” which were not generated by “real users.”
7 Additional Requirements for Video Clips. Video Clips must be your own original work and must not: (a) contain any content or aspect that is not your own or for which you have not obtained appropriate and necessary rights (i.e. royalty free sound effects and/or music); (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (c) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (d) contain any personally identifying information about any individual other than you; (e) depict any individual other than you; (other than the acting role for which you are auditioning) (f) contain any confidential information, or any material, non-public information about any company; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Video Clips must not have been entered into any other contest, promotion or exhibition, or otherwise published or distributed beyond a personal network online. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Released Parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Released Parties may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry or Video Clip or to delete or remove any Video Clip for any reason. You hereby waive any rights to object to the decision of Sponsor to remove, or not to remove, to disqualify or not to disqualify, an Entry that may violate these rules in any respect. The requirements regarding the content of your audition which constitute this Open Call are stated in the clapit promotional boxes.
8 Selection of Potential Winner. During the Entry and Voting Period, all eligible Video Clips will be subject to public voting by clapit users. Clapit users must vote on the clapit application. Judging criteria: talent of the actor, performance popularity and most compelling video. Each clapit account may vote only one (1) time on each video. Each Host as well as founders MJ Bulseco & PJ Bedwell as well as the official ClapitOpenCall account, is permitted to use a super clap equal to 10 claps (the “Super Clap”) in recognition of super talent and ALSO a “Clap Back” which forms part of this Open Call. A “Clap Back” allows founders MJ Bulseco and/or PJ Bedwell to select one audition video from this open call to become part of the finalists and/or finalists videos reviewed by Producer/Director D.J. Higgins which he/she will consider together with the other 10 finalist audition videos comprising of 5 females & 5 male finalists to cast in the two roles being offered being a male and female speaking role for his film “Smack “. You agree and consent to the Super Clap and the Clap Back of any Entrant in this competition by each Host and founders MJ Bulseco & PJ Bedwell and by ClapitOpenCall and hereby waive your right to object to it, whether in past, present or future competitions. Entrants may not solicit votes by creating false accounts or encouraging others to do so, but are permitted to promote their entries via word of mouth, social media, or other means as long as it is done lawfully and in good will, with no payment or exchange offered to others. You hereby acknowledge that Sponsor has methods to detect a violation of this Section 8 and thereby consent to the final determination of Sponsor as to a violation of this section, and waive any and all rights to object. If You become aware of a violation of this Section 8 by an Entrant or someone other than You as it relates to your account, You agree to notify Sponsor immediately so corrective measures can be taken. Disqualification is at the sole discretion of the Sponsor. The five (5) female and five (5) male Entrants who receive the most eligible clapit user votes on his or her eligible Video Clip during the Entry and Voting Period and the “Clap Back” entrant will be deemed the finalists. In the event of a tie, the Host and Sponsor which includes the founders MJ Bulseco and PJ Bedwell of this contest will select the potential finalist/s based upon the judging criteria above. The Host and Sponsor will choose one (1) winner from the top five (5) most clapped female auditions and one (1) winner from the top five (5) most clapped male auditions and also the “Clap Back” winner who will be chosen by the founders MJ Bulseco and PJ Bedwell. Therefore in total there will be eleven (11) finalists for consideration for the two roles one female and one male speaking role for the film “Smack” if a “Clap Back” audition is selected by founders MJ Bulseco & PJ Bedwell.
9 Requirements of Potential Winner. Except where prohibited, each potential Winner (and their legal guardian if the Winner is a minor) must complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) from the Sponsor the day of being notified by email to clapit. Winner (and their legal guardian if Winner is a minor) must provide proof of age of Entrant to Sponsor and Host.
10 Prize. The Winner for the #Smackfilm Open Call will be required to perform in producer D.J. Higgins’ film Smack. Prizes are non-transferable and non-assignable. No other substitution permitted, except that Sponsor reserves the right in its sole discretion to substitute the prize or a prize component with another prize or component of comparable or greater value. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner except for the economy, roundtrip airfare to enable the Winner to film the role which is the prize for this Open Call. The Winner for this open call is responsible for organizing and paying for their economy class ticket and accommodation to ensure that they are filmed for this production at the date and time specified by the Host. Should a Winner not be able to attend and adhere to the terms specified by Clap Online Pty Ltd and Clap Online Inc herein the Winner will forfeit the role, and Clap Online Pty Limited and Clap Online Inc as soon as notified of the non-attendance at its discretion will appoint another person for the role. Clap Online Pty Ltd and Clap Online Inc will reimburse the Winner up to $500 for a roundtrip airfare ticket. The ticket must be an economy air fare ticket. Clap Online Pty Limited and Clap Online Inc will reimburse the winner for the ticket cost within thirty (30) business days of receiving the flight receipt from the Winner. Clap Online Pty Ltd and Clap Online Inc., at their sole discretion, will provide accommodation for the Winner only. Clap Online Pty Ltd will reimburse the Winner up to $200 for a one to two (1-2) night stay (length of stay to be determined by Clap Online Pty Ltd) in a hotel within thirty (30) business days of receiving the hotel receipt from the Winner. Should a minor win the Open Call in a competition that allows minors, the minor’s legal guardian must accompany the minor and is responsible for their own airfare and accommodation and all costs incurred to accompany the minor. Further, if the minor decides to stay, the guardian who is accompanying the minor is responsible for both of their accommodation as Clap Online Pty Ltd will only provide one (1) person’s accommodation and airfare. Nothing herein requires Sponsor to continue to use any Winner as ongoing now or in the future for Open Calls for any particular film, video, project, or for any other purpose, beyond one Open Call to perform in the film Smack by producer D.J. Higgins and the number of videos that they will be included as Winner of this competition is at the sole discretion of Sponsor.
11 Sponsor’s Rights to Entries and Video Clips. By entering the Contest, you (and your legal guardian if you are a minor in a competition that allows minors) grant to Sponsor (and its employees acting on behalf of Sponsor), its licensees, sponsors, hosts, assignees, independent contractors, consultants and other successors-in-interest, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to: (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry and Video Clip in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your Entry and Video Clip into other works or into Sponsor’s or its designees’ products or services; (c) use your Entry and Video Clip for Sponsor’s advertising and promotional purposes; and (d) use your name, Video Clip, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future promotions and/or promoting the business of Sponsor, except to the extent prohibited by applicable law. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your Entry and Video Clip have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.
12 Additional Obligations of Winner. In addition to the Video Clip(s) submitted by the Winner as part of the Contest, the Winner will, where requested by Sponsor, provide material to Sponsor (or agree to Sponsor’s obtaining such material, such as through photography and/or videography) including Winner’s name, profile, likeness, photo, video, image, biographical or other information or material about Winner (collectively, “Winner Information”). If Winner is a minor, the “Winner Information” shall also include Winner’s guardian’s name, profile, likeness, photo, image, biographical or other information about the guardian. Winner (and Winner’s legal guardian if Winner is a minor) grants to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable (through multiple tiers) and transferable license, without additional consideration to Winner or third parties, to:
1 reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer, import and otherwise use and exploit (and have others exercise such rights on behalf of Sponsor, through multiple tiers) the Winner Information in any format or media now known or hereafter developed;
2 create derivative works from and incorporate the Winner Information into other works or into Sponsor’s or its designees’ products or services; and
3 use the Winner Information for Sponsor’s advertising and promotional purposes, for the purposes of administering and promoting Sponsor’s business and/or the Contest or any future promotions, except to the extent prohibited by applicable law. Winner (and Winner’s guardian if Winner is a minor) shall have no right of approval, no claim to further compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Winner Information. Winner (and Winner’s guardian if Winner is a minor) understands that Sponsor may refrain from using the Winner Information. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to the Winner Information have been validly obtained, and Winner (and Winner’s guardian) agrees to fully cooperate with Sponsor in any such verification inquiries.
13 Winner’s Opportunities. The Winner (and Winner’s guardian if Winner is a minor) agrees not to enter into any agreement, or negotiate to enter into any agreement, with any business substantially similar to, or in competition with, Sponsor, including any social media service other than Sponsor until six months after the date the Winner is told that they won the #Smackfilm Open Call, and then only if Winner has not received and accepted an offer to enter into an extended agreement with Sponsor. The Winner further agrees that, for a period of three (3) months from the date that he or she is declared the Winner, if any of Sponsor, its employees, agents, or representatives arrange an introduction to or meeting with any person in order to advance Winner’s career, Winner will make a good faith effort to attend any such introduction or meeting and may request that clapit cover reasonable travel costs being the airfare cost only (accommodation may be at the sole discretion of Clap Online Pty Ltd. and Clap Online Inc. prior to confirming attendance) and Sponsor does not have to cover any travel costs or accommodation of Winner’s guardian (whether or not Winner is a minor). If such introduction or meeting results in Winner’s engagement or other agreement with any such person, then Winner (and Winner’s guardian if Winner is a minor) agrees that Sponsor will receive 10% of the total dollar value to Winner of any such engagement or agreement, in accordance with industry standards, the specific terms and conditions of which will be set forth in a separate agreement.
14 Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify and hold harmless Sponsor, the Host, Facebook, Instagram, Twitter, Linkedin, Pinterest, Google+, each of their respective parent, subsidiary and related companies, and each such company’s respective officers, directors, employees, agents and independent contractors and consultants (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, whether known or unknown, arising now or in the future, your participation in the Contest, creation of your Entry or Video Clip, or receipt, use or misuse of any prize, including, but not limited to: (a) claims that your Entry or Video Clip violates any intellectual property, publicity or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your Entry or Video Clip; (c) claims arising from any breach or alleged breach by You or anyone else of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of Entries; (h) claims arising from injury, death or damage to persons or property; (i) claims based on defamation, infringement of intellectual property rights or on the rights of publicity or privacy; or (j) claims for false advertising in the administration of the Contest. You further agree to release, indemnify and hold harmless the Released Parties from any and all claims or causes of action arising out of or related to, directly or indirectly, in whole or in part, whether known or unknown, arising now or in the future, your participation as a Winner of the Contest, in the film, any video, print, content in any format or media produced by Sponsor, including but not limited to, (a) claims relating to the promised number of words spoken by you or promised screen time in the final cut of the distributed video, (b) claims arising from, in, under or relating to any contracts you enter into with respect to the film or video(s) produced by Sponsor and which is the subject of this Contest, and (c) claims relating to your participation in such film or video(s), whether arising during pre-production, production, on or off set, post production, distribution and/or post distribution of such film or video(s). You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for, and you hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees and travel expenses. Participant further waives all rights to have damages multiplied or increased. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15 Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims and causes of action arising out of the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York, New York. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules. Recipient agrees that in the event of any breach or threatened breach by You, Sponsor may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Sponsor against any such breach or threatened breach.
16 General Conditions. In the event that the operation, security or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify and/or cancel the Contest and, if feasible, select a potential Winner from among eligible, salvageable and non-suspect entries received on or before the termination date. Inclusion in such selection process shall be each Entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s delay or failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized account holder of the account used to enter will be deemed to be the Entrant. The potential Winner may be required to provide identification sufficient to show that he/she is the authorized account holder. Proof of uploading an Entry or Video Clip does not constitute proof of entry. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, Entrant’s sole remedy shall be another entry into the Contest. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
17 Results. Sponsor will make its best efforts to post the results on the clapit app no later than fourteen (14) days after this contest ends.
18 Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
19 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
20 Use of Clapit Logo in Promotion of Contest Entry. As between Sponsor and You,
(a) You acknowledge Sponsor’s exclusive right, title, and interest in and to the trademark rights in clapit.
(b) You agree that You shall not acquire any right of any kind in Sponsor’s logos as a result of your use of it in promoting your Contest entry on social media or otherwise and that You shall not hold yourself out to be, or to speak on behalf of, an authorized representative, agent, independent contractor, ambassador, host or employee of Sponsor.
(c) You agree that You shall not: (i) use the clapit logo in any manner likely to diminish its commercial value; (ii) knowingly use any name, logo or icon likely to cause confusion with the logos; (iii) make any representation to the effect that the clapit logo is owned by You rather than by clapit; (iv) challenge either the validity or clapit’s ownership of any trademark rights which incorporate the logo; or (v) attempt to register, register or own in any country: A) the clapit logo; B) any domain name incorporating in whole or in part the clapit logo or C) any name, domain name, keyword or mark confusingly similar to the clapit logo.
(d) As between Sponsor and You, You acknowledge Sponsor’s exclusive right, title and interest in and to the copyright in the clapit logos, and You agree that You will not contest or assist another in contesting that copyright or clapit’s ownership of it.
(e) All materials, if any, provided by Sponsor to You under this Agreement, and all proprietary rights in and to all such materials shall remain the sole and exclusive property of Sponsor, subject only to the non-exclusive rights granted to You under this Agreement.
(f) If Sponsor, in its sole discretion, determines that any materials used or distributed by You under this Agreement are unsatisfactory to clapit, either based on the quality of the materials themselves or the depiction of the clapit logo on the materials, then Sponsor shall so notify You in writing. Upon receipt of such notification, You shall have five (5) days to implement such reasonable changes, as Sponsor shall suggest, ensuring that the materials are satisfactory to Sponsor.