Official Rules

All entrants must agree with our Official Rules. Submitting your film indicates your understanding of and agreement with these rules.

360 | 365 SHORTS CONTEST

OFFICIAL RULES

Contest Theme: Go Green!

Contest Start Date 9:01 AM [ET] on April 8, 2011

Contest End Date 5:00 PM [ET] on July 1, 2011

360 | 365 (“Festival”) short film competition (“Contest”) is governed by these Official Contest Rules. There will be a new Contest every three months, with the theme of the contest to be released at 9:01 AM (ET) on the first day of the Contest Start Date. The Contest ends the Contest End Date. The Contest Period consists of the time between the Contest Start Date and the Contest End Date. The Contest judging begins at the conclusion of the Contest End Date. The Contest Winners are then announced on the Contest Winner Announcement Date. The Contest provides entrants with the opportunity to create a short film portraying the entrant’s idea of and to submit the Film for consideration. Eligible Films will be reviewed by representatives of “Sponsor” (as defined below) and the top three (3) Films will be posted online for others to view, as more fully set forth below. You must have a YouTube account in order to participate in the Contest or win a prize. Membership on YouTube is free, and can be obtained by logging on to www.youtube.com and following the onscreen instructions to open an account. The Sponsors of the Contest are (“Sponsor”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA. Employees, officers and directors of Sponsor, YouTube, Rochester/High Falls International Film Festival, and subsidiaries, and affiliated companies, advertising, promotion, or production agencies, and web masters/suppliers (collectively, “Contest Entities”), and each of their immediate family members (spouse, parents, children, siblings) and individuals residing in their same household of each (whether or not related), are not eligible to participate. By participating, entrants agree to these Official Rules. Void outside of the 50 United States and the District of Columbia and where prohibited, taxed or restricted by law. All federal, state, and local laws and regulations apply.

HOW TO ENTER: To enter, visit the website at www.film360365.com (“Website”) and follow the instructions to upload your Film directly to the Website. Each Film that is submitted into the Contest must meet the following “Film Requirements” (any Film that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):

· Films must be no shorter than 1 minute and no greater than 3 minutes in length and may not exceed 1GB in file size;

· Film must be submitted in one of the following formats: MOV, AVI, MP4, WMV, MPEG, 3GP, FLV. For more information on acceptable formats, see the contest website.

· Films must be in English;

· Films must NOT include third parties/people, who have not expressly authorized entrant to display their image, likeness or voice in the Film or otherwise use such image, likeness or voice in accordance with these Official Rules. Third Parties include but are not limited to celebrities, friends and minors who have not obtained parental consent prior to such participation. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Films, including releases from all persons appearing in the Film and location releases for all recognizable locations (in the event an entrant cannot provide all required releases, Sponsor reserve the right, in Sponsor’s sole discretion, to disqualify the applicable Film, or seek to secure the releases and clearances for Sponsor’s benefit.

· Films must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities;

· Films must not contain the phone number(s), address, or email address of any person, including the entrant;

· Films must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;

· Films must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with the Contest;

· Films must be entirely original to the entrant and must NOT include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property;

· Films must NOT have been previously submitted to another contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities” sole discretion;

· Films must NOT include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture, except for those belonging to Sponsor; and

· Films must comply with the Website’s Terms of Use.

You may enter up to three (3) times per person and/or per YouTube account, however there is a limit of one (1) prize per person. No other form of participation is valid. Any attempt by any participant to obtain more than three (3) entries by using multiple/different e-mail addresses, identities or any other methods will void that participant’s entries and that participant will be disqualified. Entries must be received and recorded by the Website’s computer by the Contest End Date. The Website’s computer is the official timekeeping device for this Contest. No automated entry devices and/or programs permitted. Entries generated by a script, macro or other automated means will be disqualified. Each entrant must be the rightful owner (or have authorized use) of the YouTube account associated with the entrant’s Film as of the closing date of Entry Phase. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the YouTube account was opened. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. Entries will not be returned or acknowledged by the Sponsor.

FINALIST SELECTION/NOTIFICATION: At the conclusion of the Judging, three (3) Finalist’s Films will be selected from among all eligible Films received. The Finalists will be selected based on the following judging criteria: Supports the Contest Theme, Creativity, and Quality of Video Production. The judging of Films will be conducted under the supervision of the Festival whose decisions are final and binding in all respects relating to winner selection. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein. Each of the three (3) potential Finalists, as determined by the judging criteria indicated above, will be notified by telephone, email and/or mail using the contact information provided and will be required to respond (as directed) to the notification attempt within three (3) days (or a shorter time if required by exigencies). The failure to respond timely to the notification, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, it may result in forfeiture of participation in the Contest and, in such case; Contest Entities may select an alternate Finalist according to the aforementioned judging criteria. Potential Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities (the Finalist Documents), within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Finalists can NOT proceed to the Judging Phase until all such properly executed and notarized Finalist Documents are returned.

JUDGING PHASE AND WINNER SELECTION: All shorts submitted as a part of the contest will be judged by a panel comprised by “Festival” directors and independent judges selected for each contest. Judging will be based on content, creative expression, technique and adherence to theme. The judges will select the First, Second, and Third Prize winners. If any potential winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Film. The judging of Films will be conducted under the supervision of the Festival, whose decisions are final and binding in all respects relating to winner selection. Each of the three (3) potential winners, as determined by the judging criteria indicated above, will be notified by telephone, email, and/or mail using the contact information provided on the on-line submission form and will be required to respond (as directed) to the notification attempt within three (3) days (or a shorter time if required by exigencies). The failure to respond timely to the notification attempt, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, it may result in forfeiture of participation in the Contest and, in such case; Contest Entities may select an alternate Finalist according to the aforementioned judging criteria. Potential winners will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities (the Finalist Documents), within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential winners can NOT be awarded until all such properly executed and notarized Finalist Documents are returned.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Film is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Film does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Film does not and will not violate or infringe upon the intellectual property rights, including personal likeness, or other rights of any other person or entity; and (iv) the Film does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

GRANT OF RIGHTS: The Contestant submitting a film to the Contest hereby irrevocably, but non-exclusively grants, transfers, sells, assigns and conveys to the Festival, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Film for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Entrants may be required to provide the original Film to the Festival upon request. Festival shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter any submitted Film for any purpose which 360 | 365 deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between the Festival and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Film in any and all media for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Contest Entities from any liability with respect thereto.

PRIZES: Grand Prize (1): $1,000 and (2) All-Access Passes to the 360 | 365 Film Festival. Second Prize (1): (2) All-Access Passes to the 360 | 365 Film Festival. Third Prize(1): (10) Movie Tickets for the 360 | 365 Film Festival.

GENERAL CONDITIONS: Participants agree (a) that the Contest Entities, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, agents, successors and assigns (collectively, the “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses, damages, costs or expenses of any kind to person(s), including without limitation, personal injury and/or death, or property damage resulting in whole or in part, directly or indirectly, from participant’s preparation for, travel to or participation in the Contest, or acceptance, possession, misuse or use of the prizes or participation in any Contest related or travel related activities and for claims based on publicity rights, any claim relating to a failure to award, defamation or invasion of privacy and merchandise delivery. Winners may be required to complete, sign and return a Prize Claim Documents three (3) days of receipt of notification. If documents are not returned timely, or if any prize notification or prize is returned as non-deliverable, or if no response is receive when attempting to notify a winner, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner determined. Taxes on prize are solely winner’s responsibility. The entry information provided is subject to the Privacy Policy on YouTube.com. To read that Policy, access YouTube.com and then access the Privacy Policy.

LIABILITY LIMITATIONS:
The Releasees are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Releasees are not responsible for injury or damage to participants” or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserve the right at their sole discretion to suspend, modify or terminate the Contest, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Releasees are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this website. In case of dispute, the authorized subscriber of the e-mail account associated with the YouTube account used to enter the Contest at the actual time of entry will be deemed to be the entrant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses.

In no event will Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Website or downloading from and/or printed material downloaded from said Website. Without limiting the foregoing, everything on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you.

WINNERS LIST: For the names of the winners, visit www.film360365.com