The following is an explanation of eligibility requirements and terms governing the submission of a short film or music video (hereinafter "Film(s)") to Fuse, LLC (“Fuse”) for consideration for the First Frame: The Emerging Latino Filmmakers Project.
By agreeing to the Terms and Conditions the person submitting the Film (hereafter "Filmmaker", "You" or "Your") acknowledges and agrees that he or she has read and understands the Eligibility Requirements and Terms and Conditions set forth below:
Period for submission of Films commences March 1, 2015, and concludes July 1, 2015.Film must be relevant to Fuse which focuses on the modern Latino. Looking for a Latino angle whether it involves a Latino writer, director or producer, actor or storylines relevant to the modern Latino. (This determination will be made by Fuse in its sole discretion).Films must be in English. Films must be completed after January 1, 2012.Films must not have previously aired on broadcast or cable television. Films that have been broadcast on television are not eligible for submission. Films may have theatrical or other distribution deals in place, provided that such deals do not prohibit Filmmakers from granting the rights herein to Fuse. Short films must have a running time of thirty nine minutes (00:39:00) or less. Filmmaker must be eighteen (18) years or older to participate. Accepting documentaries, animations, music videos and short films, provided running time is less than thirty nine minutes (00:39:00). All Films must be uploaded via the secure online screener function of Withoutabox or submitted on a single disc (DVD or Blu-ray) to Fuse located at 700 N. Central Ave., Suite 600, Glendale, CA 91203.
Terms and Conditions:
By submitting Your Film, You represent and warrant that Your Film (a) is solely Your original work and owned exclusively by You; (b) does not infringe or violate the rights of any third party, including, without limitation, copyrights, trademarks, contract rights, rights of publicity or privacy, moral rights, or any other intellectual property rights and is not defamatory or libelous; (c) is not subject to any third party agreements, and that Fuse will not be required to pay or incur any additional charges or fees to any person or entity as a result of its ownership, acquisition, use or exploitation of the Film or rights therein; (d) does not contain any content that is likely to be considered offensive by Fuse or could adversely affect the name, reputation, or goodwill of Fuse or any persons associated therewith; and (e) does not advocate or glamorize any reckless stunts or excessively violent behavior. By submitting a Film, You understand and agree that You will not receive any compensation in conjunction therewith, even if Your Film is used by Fuse (as discussed below, unless Fuse, in its sole discretion, elects to license the Film for additional usage as set forth in the License Agreement). In addition, You understand and agree that You shall be solely responsible for any and all expenses incurred by You in the production and submission of Your Film. You understand and agree that submission of a Film does not make You an employee of Fuse. Rather, You are an independent contractor of Fuse. By submitting a Film for Fuse's review, You hereby (a) grant to Fuse and its affiliates, and their respective successors and assigns, a non-exclusive, fully-paid, royalty-free, worldwide, perpetual (or as further set forth below), right and license to copy, modify, publicly perform, publicly display, broadcast, exhibit, and otherwise use the Film by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the on the network(s) which is/are owned and/or controlled in whole or in part and/or operated now or in the future by Fuse, or a division, affiliate, or subsidiary thereof, including without limitation, the television service currently known as “Fuse” (or such other name as may be designated by Fuse from time to time)and on the Fuse website(s) (the "Network") and in promotion, advertising, and publicity for the Film, Fuse or the Network; and (b) agree, without compensation and upon Fuse's request, to execute all further documents with respect to the Film requested by Fuse, including any further license agreement, in order for Fuse to be able to use the Film as intended by these Terms and Conditions. For the avoidance of doubt, nothing herein obligates Fuse to use the Film and its failure to do so will not result in any liability to Fuse. In the event Fuse elects to exhibit Your Film, You hereby agree to the following : Right to exhibit the Film: You hereby grant to Fuse the right to exhibit the Film, in its entirety (subject to Network edits in its sole discretion), in any and all media, up to ten (10) exhibition days (each day shall provide Fuse the ability for two (2) separate airings in a twenty-four (24) hour period) ("Exhibition Day") for a one (1) year period. Fuse shall have three (3) additional options to exhibit the Film for up to ten (10) exhibition days for a one (1) year period. Each option shall be exercised, if at all, no later than six (6) months after the initial airing of the Film. The rights set forth above shall be exclusive to Fuse for a period of three (3) months from the initial airdate and non-exclusive thereafter. Right to exhibit excerpts from the Film ("Clip(s)"): You hereby grant to Fuse the right to exhibit Clips chosen by Fuse in its sole discretion, in perpetuity, (provided that Fuse shall not exhibit a single Clip, whose length exceeds five minutes (05:00), without requesting Your permission). Right to exhibit footage of Film for promotion and publicity: You hereby grant Fuse the right to use footage, stills and/or titles, and information from or relating to the Film for promotional purposes, and the right to issue and authorize publicity concerning the filmmakers and the Film and to use all associated names, likenesses and biographical information. If Your Film includes any third party content (such as photographs, artwork, personal diaries or writings, or video taken or made by other persons; likenesses or voices of other persons; and/or music or audio composed, performed, or recorded by other persons), You must be able to provide, upon Fuse's request and in a form that satisfies Fuse's requirements in its sole discretion, all appropriate clearances, permissions, and releases for such third party content. Please note that, at its sole discretion, if Fuse elects to exhibit Your Film, You will be required to fully cooperate with Fuse to secure all appropriate releases for any third party content included in the Film, including items such as music cue sheets, location agreements, etc. (For the avoidance of doubt, the determination as to what constitutes an "appropriate" clearance/permission/release shall be made by Fuse in its sole discretion.)Right to attribute the Film to You in a manner of Fuse's sole choosing, including the content, duration, format and other aspects of the attribution, without Your approval or consent. You hereby grant the right to Fuse to create trailers, in its sole discretion, for promotional use. Each Film can only be submitted once. If submitting more than one (1) Film, each Film submitted must be materially different than the Films previously submitted by You. Fuse shall have the sole authority and discretion to determine whether the Films are materially different.
If Your Film is selected by Fuse, You must deliver the Film to Fuse in the following format:
VIDEO - Apple ProRes HQ 1080i60 Quicktime
Field Dominance – Upper (ODD)
Embedded Dropframe Timecode
FPS – 29.97
1920 x 1080
Apple ProRes also acceptableAUDIO – 16bit, 48 K
STEREO MASTER AUDIO
Channel 1 – Full Mix Left
Channel 2 – Full Mix Right
You understand and acknowledge and hereby (for Yourself, Your heirs, executors and administrators and anyone who may take action by or through You) release and agree to indemnify, hold harmless and defend Fuse, its parent company, subsidiaries, affiliates, divisions and agencies, as well as the directors, officers, employees, shareholders, representatives, agents, successors and assigns of any of the foregoing organizations ("Released Parties"), from any and all liability, claims or actions of any kind for injuries, damages or losses of any kind to any person(s) or property, including, but not limited to, liability for copyright infringement, trademark infringement, rights or publicity or privacy, moral rights, or any other intellectual property rights, defamation or libel in conjunction with Your submission of Film(s), or the violation of any of the representations and warranties made herein. You further understand and agree that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Section 1542 reads as follows: 1542. CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. With respect to the applicability of Section 1542 (or any similar law), You further acknowledge that You may discover facts different from or in addition to those that You now believe to be true relative to the subject matter of the foregoing release; and, notwithstanding the discovery or existence of such facts, You still intend for the foregoing release to function as a full and complete, limited release of rights. Except where prohibited by law, You hereby agree to the use of Your name, likeness, photograph, voice, opinions, hometown and state, and/or any other indicia of Your persona by Fuse for promotional/advertising/publicity purposes in any media, worldwide, without payment or consideration, in perpetuity, without notice, review or approval. The Film that is being submitted possibly embodies materials, suggestions or ideas substantially similar or identical to those which have been developed by Fuse, or which have been submitted by others. Further, Fuse may begin using material similar or identical to Yours which Fuse received after the date of submission of Your Film. By submitting a Film, You acknowledge that You have been afforded a full and fair opportunity to review these Terms and Conditions and that Your submission of a Film is not the product of coercion, duress or other illicit conduct. Any controversy arising out of or in connection with these Terms and Conditions, including without limitation any claim that Fuse has used any legally protectable portion of Your Film in violation of the terms hereof, shall be governed by the internal, substantive laws of the State of California (that is, without regard to the conflict of law/choice of law principles of California or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than California), and the parties consent to the jurisdiction of the state and federal courts of Los Angeles for the resolution of such matters. In the event of such controversy You agree that You shall assert such claims not later than six (6) months after the date on which You first learned (or reasonably should have been aware) of Fuse's use or intended use of any portion of the Film. You further agree that Your rights and remedies, if any, shall be limited to an action to recover money damages in an action at law, and without limitation of the foregoing, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising, and/or promotion of the Film or any of Fuse's programming, promotional or marketing plans, and/or any of the subsidiary rights in connection therewith. You hereby represent and warrant You are eighteen (18) years of age or older. You hereby acknowledge You have the right to consult with an attorney of Your own choosing with respect to these Terms and Conditions and with respect to the eligibility requirements. By submitting Your Film, You agree You are doing so after having consulted with an attorney or after You freely or voluntarily elected not to do so without coercion or duress. By submitting Your Film, You freely and voluntarily give and express Your full and complete acceptance of all the terms and provisions set forth in these Terms and Conditions. You acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Eligibility Requirement and Terms and Conditions, have been made to You by Fuse.
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