Terms & Conditions
- ENTRY GUIDELINE AND ELIGIBILITY CRITERIA
- RIGHTS AND OBLIGATIONS OF THE PARTICIPANT
- GENERAL TERMS OF PARTICIPATION
- REVENUE SHARING FOR PARTICIPATING ENTRIES
- FILMYCON OPEN FILM FESTIVAL SELECTION PROCESS
Participant shall follow the guidelines and eligibility criteria as mentioned below before uploading the content in for the Filmycon Competition December 2016:
- This is a short film competition but participant can submit documentaries also.
- The film (the term ‘film’ also includes the supporting details and metadata, wherever applicable) must be of a duration of 3-20 minutes.
- Film must have a poster of portrait format (Exact 450*600 mm). Landscape poster is optional.
- The film should have been completed after 1stAugust 2015
- The films must be in either English or Hindi. If the film is in any other language than English or Hindi, then it must be subtitled in English. We recommend subtitles be hardcoded in the video or submitted in .srt format as far as possible and submitted to us along the film.
- The films may be shot in any format. However, the recommended ratios are: 16:9 / 16:9 Full Height Anamorphic – in DV / HDV. The recommended video files formats are VOB, MPG, MPEG4 or AVI.
- In making your Film, you must have (a) obtained appropriate permissions and releases for every person who appears recognizably in the film; (b) obtain appropriate permissions and releases for those locations that appear recognizably in the film and require releases; (c) obtained appropriate permissions and releases from producers, right-holders and/or co-producers. Participant will retain any such permission and releases with him/her and will provide the same only upon request.
- The Film must not contain any copyrighted work(s) belonging to third parties unless (a) permission or consent to use such works in the Film has been obtained; or (b) it is allowed under the copyright laws to use such work. Participant will retain all the consent, permission and licenses with him/her and will provide the same only upon request.
- By entering the Filmycon Contest, Participant grants FILMYCON the limited non-exclusive rights to screen (non–commercial/commercial) their film on their respective website, Youtube Channel, at the festival and other associated screenings for a period of 6 months from the date of film submission. Participant will not be entitled to any fee or consideration of any kind whatsoever for these non-exclusive rights.
- The Participant also grants FILMYCON the right to use their name, image, voice, likeness, statements, background and biographical material in connection with the contest or festival.
- The IPR of the film belongs to and will continue to rest with the participant / film maker.
- The Participant has the right to participate with the film in any other film festival as long as they do not part with the rights granted herein. Prizes, awards, etc. from such participation, if any, may be retained entirely by the Participant.
- The Participant, hereby represents and warrants as under:
- The Participant is the rightful owner(s) of the film and/or have the absolute right and authority from the producers/right holders, to deal with the same, including participation in this contest by accepting the terms and conditions, in particular the rights granted to FILMYCON for distribution of the film as detailed hereinafter.
- The Participant confirms that the content, in full or part, does not violate the copyright of any third party.
- The Participant hereby confirms that they have not granted any rights nor will they grant any rights in the future relating to the participating film/entry/content which could adversely affect the rights granted to FILMYCON for distribution of the said content.
- The Participant shall indemnify the organizers i.e. GoodMoviesFactory Productions LLP which is organizing this festival under the brand name of Filmycon and holds it harmless if organizers incurs any loss, cost, or expense (including attorneys’ fees), due to any claim by self or any other parties relating to the content and / or their exploitation of the same.
- The Participant shall also indemnify the Organizers from any claims that may arise as a result of the breach of the terms and conditions of this contest by the Participant.
- The Participants further confirm and agree to edit / modify the submitted film to the extent required by FILMYCON in the event FILMYCON informs them of a potential copyright infringement / violation. The participant further agrees to provide all documentary proof and evidence with regards to the rightful ownership of the content as may be required by FILMYCON. The Participant further agrees and confirms to revert and resolve the aforesaid mentioned issues with 15 days of the same being raised by FILMYCON. In the event, the issues remain unresolved with the stipulated period, FILMYCON reserves the right to distribute the film either by editing / modifying the same as it deems fit and/or in its original form at the risk and liability of the Participant.
- By entering to this contest, the Participant hereby grants FILMYCON an irrevocable and royalty free license (for a period of six months) to screen the film, as well as use participant’s name, image, voice, likeness, statements, background and biographical material. These rights are granted non-exclusively to FILMYCON for distribution on internet and mobile platforms, known today or introduced in the future, including but not limited to FILMYCON’s own mobile application and internet website / portal.
- The above mentioned rights are granted to FILMYCON by the Participant for a lock-in period of 6 months from the date of submission of this film, if his/her film gets selected. The agreement shall automatically be renewed for a subsequent period of 6 months unless either party expresses to the other its intent to terminate the agreement in writing, 30 days prior to the date of such renewals.
- In the event the participant wants to terminate the agreement in the lock-in period or such extended period, the request may be considered by FILMYCON at its discretion and on payment of a penalty equivalent to Rs. 5000 or the revenue share generated by the film in the previous three months whichever is higher. FILMYCON may also call upon the Participant to make payment of such penalty if the Participant does not comply with the requirements as stated in clause 5 hereinabove.
- By participating in the contest, participant irrevocably allows organizers and grant FILMYCON a worldwide, royalty free Non Exclusive license (where relevant, by way of present license of present and future copyright) to:
a) Advertise, promote, publicize, broadcast, exhibit, distribute the film (and any clips from the film) or any such altered or edited version of the film, throughout the world in all media and platforms and by any and all means now known or devised in future; and
b) Publish film, or any part thereof, to the public via the FILMYCON’s Channel, without limitation for promoting and redistributing part or all of the FILMYCON Channel in any media formats and through any media channels. The Participant shall not claim any compensation in any form for the film.
- The entry should be submitted by the Participant who may be the rights holder of the film or the person authorised to participate in the contest upon accepting the terms and conditions. For the purposes of this contest and subsequent distribution of the participating film the Participant hereby confirms that he/she/it has the necessary rights to submit the entry/film by accepting the terms and is solely responsible for the same. The Participant shall indemnify FILMYCON against any claims regarding the said film submitted herein.
- Only the person who submits the entry will be considered as the “Participant”. All communications from our end as well as the benefits, if any, will be only with/to the Participant.
- Transfer, assignment or substitution of the benefits to a person other than the participant, will not be permitted. However, in exceptional cases FILMYCON reserves the right to entertain such request at their discretion.
- The participant agrees that FILMYCON shall not be held responsible for any unauthorised use of the content by any third party and FILMYCON does not guarantee the posting of any content.
- The decision of FILMYCON jury shall be final, unquestionable and binding on all participants.
- Once entry is submitted, it cannot be withdrawn until the jury has made a decision on the selection of the film for any reason whatsoever.
- FILMYCON may reject any film without assigning any reason whatsoever and the same cannot be challenged.
- All documents and information submitted for participation shall not be returned under any circumstances and shall become the property of FILMYCON.
- The scheduling, timetable and screening of the films shall be at the discretion of FILMYCON.
- Some of the terms are used interchangeably in the agreement but have the same meaning eg. “The Participant” is the same as “You”, “all” means “any” and vice versa, “Organizers” mean FILMYCON or GoodmoviesFactory Productions LLP and vice versa, as applicable.
- The organizers reserve the right to modify the terms and conditions of the contest without any intimation to the participants at any time after the launch of the contest.
- The headings to each section are for reference and easier reading and shall not affect the meaning of the terms as mentioned herein.
- Entry and participation of films implies unconditional acceptance of these terms and regulations.
- FILMYCON’s decision in all matters pertaining to this contest and distribution terms herein shall be final and binding in all respects.
- The participant shall be entitled to a 100% share of the Gross Revenues earned and received by Filmycon through any medium of advertisement on the particular video.
- Gross revenues shall mean the actual amounts received by Filmycon only for the respective content and after deduction of all applicable taxes, cesses, levies, payment collections costs including credit card related collection costs from the said content and the amount deducted by the platform of the advertisement.
- In the event the film is licensed as a part of a package then “Gross revenues” shall mean the amount received by Filmycon for the content (films) only and after deducting the expenses as mentioned hereinabove from the total receipt and the share proportionate to the weight-age of the particular content of the package. The weight-age of the content in the package lot shall be decided by Filmycon at its discretion.
- Filmycon will screen the films on various online screening formats, example Youtube. The revenue generated, which will be given to the filmmaker, will be the amount generated through advertisement only playing along, before or after the associated video, embedded in or over the video. Any advertisement anywhere else will not be considered for the revenue to the filmmaker.
- Filmycon shall draw up the accounts for every calendar quarter, based on the statements provided by the distribution partners, agencies, operators, third parties, etc. hereinafter referred to as “The Said External Parties”. The payment shall be issued within 30 days after the amount has been received by Filmycon, in concurrence with the payment eligibility policies of the External Parties. All payments shall be subject to withholding and other taxes as applicable. Payments shall be calculated in Indian Rupees and currency conversion charges and other charges, if any, pertaining to the issuance of the payment outside India shall be borne by the Assignor.
- The Participant accepts that at times Filmycon may distribute the film on platforms free or on a complimentary basis thereby not generating any revenue from the distribution. In such cases, the Participant shall not be entitled to any payment / revenue share for such distribution.
- All rights are granted for worldwide territory.
Filmycon Open Film Festival Selection process is divided into 2 parts: Level 1 and Level 2.
Out of all the films received, a few films will be selected for Level 1. Following are the privileges of Level 1-
- Screening of the film on Filmycon’s channel and website
- An Exclusive interview with one of the Co-founders
- Making of an individual Movie Profile on the website
- 100 percent advertisement monetization to the participant
- A chance to meet the teams of other selected films.
Out of all the films, a few films will be selected by the jury for Level 2.Following are the privileges of Level 2:
- All the privileges of Level 1
- Promotion of the film and its crew for full one week on all the available social media platforms: Facebook, Instagram, Twitter, Youtube, etc.