Official Rules for the GIPHY 2018 Film Festival Contest (“Official Rules”)
Please note that as of September 18, 2018, we’ve made a few small updates to the contest rules to account for an extension on the submissions contest period!
As of August 30, 2018, we've made a few small updates to the contest rules to account for the fact that Spotify will also be a sponsor of the event!
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIPHY 2018 FILM FESTIVAL CONTEST (THE “CONTEST”). ENTRY INTO THE CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. ODDS OF WINNING WILL DEPEND ON TOTAL NUMBER OF ENTRIES RECEIVED.
SPONSOR: The Contest is sponsored by Giphy, Inc., located at 416 West 13th Street, Suite 207, New York, NY 10014 (“Sponsor”). Additional promotional consideration provided by Squarespace, Inc., located at 225 Varick Street, 12th Floor, New York, NY 10014 (together with its affiliates, “Squarespace”) and Spotify USA Inc., located at 45 W. 18th Street, 7th Floor, New York, NY 10011, USA(together with its affiliates, “Spotify”).
THE CONTEST ENTRY DATES: The Contest will start on August 15, 2018 at 10 am EST and end on October 11, 2018 at 10 pm EST (the “Contest Entry Period”). Sponsor reserves the right to extend or shorten the Contest Entry Period at its sole discretion.
CONTEST OBJECTIVE: The objective of the GIPHY Film Festival is to prove that audiovisual storytelling does not have to be feature-length or even short length; micro-films up to 18 seconds can be just as compelling, entertaining, creative, and professional-grade as any other film entering more famous film festivals.
CONTEST ENTRY: To enter, please submit your film (the “Entry”) following the instructions laid out on the Site. Your entry must be submitted in video file format (H264, Apple ProRes or DNxHD) and be between 1 - 18 seconds in length (videos can either have sound or have no sound). Contestants must fill out all required fields on the Site to participate in the Contest. All Entries must be received during the Contest Entry Period; entries received after the end of the Contest Entry Period will be deemed void. For purposes of these Official Rules, “receipt” of Entry occurs when Sponsor’s servers record the Entry information resulting from contestant’s Entry being received via the Site.
Entry (1) must be contestant’s original work, (2) may not have been previously published or if published previously must have first been published in the last two years prior to the date of Entry, (3) must not be commercial in nature or otherwise branded, (4) must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person, (5) must not violate any law and (6) must otherwise comply with Sponsor’s Community Guidelines (https://giphy.com/community-guidelines).
There are five Contest genre categories (each, a “Category”), including: Animated, Stop-Motion, Experimental, Narrative, and Other. Each contestant may only submit three entries per Category.
Mass entries generated by a script, macro or use of automated devices will be disqualified. Multiple contestants that submit the same Entries will be disqualified. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Sponsor and its agents will not be responsible for such Entries. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
CAUTION: Any attempt by a contestant to deliberately damage Sponsor’s website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such contestant to the fullest extent permitted by the law and to disqualify such contestant from the Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Contest.
JUDGING: All Entries will be judged between October 12, 2018 and October 19, 2018 based on selected judges’ determination of creating the most compelling, entertaining, creative, and professional-grade content in the Contest category. The top scoring Entries from each Category will be declared a Contest finalist (a “Finalist”) and the top scoring Entry overall will be declared the Contest winner (“Winner”). In event of a tie in a Category, Winner will be determined based on the Sponsor’s discretion using the same judging criteria. Judges’ and Sponsor’s decisions are final and binding.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest.
FINALISTS AND WINNER NOTIFICATION: Each of the Finalists and the Winner will be determined after the end of the Contest Entry Period no later than October 19, 2018 and will be notified by email and/or phone; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Each Finalist’s Entry will be screened at the Event. Winner must claim their prize within seventy-two (72) hours after the date of notification of such prize. At the discretion of Sponsor, any Finalist or Winner may be disqualified for any of the following reasons: if charged with or convicted of a felony or misdemeanor or is not eligible based on the eligibility requirements set forth above. In the event it is determined that the Winner has not complied with these Official Rules as determined in the sole discretion of Sponsor), has failed to respond within seventy-two (72) hours after being notified of winning, has failed to execute and return any required documents within the specified time period, including an Affidavit of Eligibility, has made false statements or a prize notification is returned as undeliverable, then the Winner will be disqualified and, at Sponsor’s sole discretion, the Entry with the next highest score may then be declared the alternate Winner. The Finalists and Winner will be announced in a website blog posting. Contestants may also request the names of the Finalists and the Winner or a copy of the Official Rules by mail within three (3) months after the end of the Contest Entry Period by sending a self-addressed stamped envelope to Sponsor.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): The Winner will receive a cash prize of ten thousand dollars ($10,000), a free Squarespace website for five years and the opportunity to curate an official Film and TV Favorites Spotify playlist. The Winner will also receive up to two tickets to the Giphy 2018 Film Festival event. The Squarespace website will be subject to the Squarespace Terms of Service available at https://www.squarespace.com/terms-of-service. Winner shall be required to complete relevant tax forms as a condition to the delivery of the prizes. The Winner is solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded, including without limitation, any and all federal, state and local taxes (if any), travel to the event on November 8, 2018, and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules. This information is provided for informational purposes only and Winner is advised to consult with their own tax and/or accounting advisors. Winner is not a recipient of a prize until s/he has been verified as the Winner by the Sponsor. Upon fulfilling the prize, Sponsor will be deemed to have awarded the prize to the Winner and such Winner assumes full responsibility for the prize. All prize details are at Sponsor’s sole discretion. Decisions of the Sponsor are final and binding with respect to all matters related to the Contest, including the prizes. ARV of all prizes awarded in the Contest is eleven thousand two hundred dollars ($11,200).
Contestants acknowledge that some events are beyond the control of the Sponsor and the Sponsor reserves the right to, at its discretion, reschedule the Contest, modify the Contest Entry Period, modify the entry procedures, modify the Official Rules, cancel the Contest, or modify the Prize(s) as necessary. Prize(s) are not redeemable for cash. Prizes are non-transferable and no substitutions are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize specified herein if such prize should become unavailable for any reason. In no event shall the Sponsor be obligated to award any prizes other than the prizes specified in these Official Rules.
LICENSE OF RIGHTS: By entering into the Contest, contestant hereby grants to Sponsor a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual license to use, copy, display, reproduce, perform, transmit, exhibit and distribute the Entry in any and all media and formats in connection with Sponsor’s business at Sponsor’s sole discretion. With respect to Entries, contestants will retain copyright and all other rights to the Entries subject to the license granted above to Sponsor. By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
PUBLICITY: By participating in the Contest, the Finalists and the Winner grant Sponsor permission to use his/her name, likeness, voice, address (city and state), testimonials and/or images for publicity purposes, except where prohibited by law, in connection with future advertising for Sponsor, the Contest and/or other similar contests sponsored by the Sponsor in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission or any review or approval rights; and constitutes the Finalists’ and the Winner’s consent to disclose their personally identifiable information to third parties (including, without limitation, placing the Finalists and the Winner’s name on a finalists’ and winner’s list).
INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, EACH CONTESTANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR, SQUARESPACE, SPOTIFY AND ALL THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS AND AGENTS FROM ANY DAMAGES, LOSSES, DEATH, ACTIONS, DEMANDS, INJURIES OR OTHER LIABILITY (COLLECTIVELY, “CLAIMS”) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT CONTESTANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON, OR FROM ANY MISUSE OR MALFUNCTION OF ANY PRIZE AWARDED, REGARDLESS OF WHETHER SUCH CLAIMS, OR KNOWLEDGE OF THE FACTS CONSTITUTING SUCH CLAIMS, EXIST AT THE TIME OF ENTRY OR ARISE AT ANY TIME THEREAFTER. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE(S). NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
ARBITRATION & CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
MISCELLANEOUS CONDITIONS: Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Contest subject to all federal, state and local laws and regulations, and by entering the Contest or accepting a prize, you agree to conform to all federal, state and local laws and regulations. Void where prohibited by law. When applicable, the Winner may be required to execute and return (and winning may be conditioned upon the Winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the prize or an alternate Winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive a prize.
Participation in the Contest is at contestant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the Winner in connection with an Entry; (2) Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a contestant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to a contestant’s or any other person's computer or mobile device in connection with this Contest; or (5) any warranty with respect to any prize or any component thereof.
Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Site to such effect.
If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
Any questions, comments or complaints regarding the promotion should be directed to the Sponsor at firstname.lastname@example.org or at the address above.