Terms of Policy

WANNA KNOW A SECRET? CONTEST

OFFICIAL RULES AND REGULATIONS

 NO PURCHASE NECESSARY TO ENTER OR WIN.  ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.  VOID WHERE PROHIBITED.

These are the official rules and regulations (the “Official Rules”) for the WANNA KNOW A SECRET? Contest (“WKAS Contest”).  Deep Forest Productions (the “Production Company”) is inviting teenagers across the United States to submit evidence of their talents in photography, performance, fashion, and music for consideration for inclusion (or in the case of performance, walk-on appearance) in a feature film being produced by the Production Company presently entitled “The Sisterhood of Night” (the “Film”) to be directed by Caryn Waechter (the “Director”).

1.  Eligibility:  The contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are between the ages of 13 and 19 years of age as of the date of entry.  The Contest is void in Puerto Rico and where prohibited.  All entrants received from persons under the age of 13, will be disqualified and deleted.  Employees of Deep Forest Productions, Cine Mosaic, Evenstar Films, and other companies associated with the promotion of WKAS Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.  The WKAS Contest is subject to federal, state, and local laws and regulations.

2.  Agreement to Official Rules and Regulations:  Making a submission to the WKAS Contest constitutes full and unconditional agreement to acceptance of these Official Rules and the decisions of the Production Company, which are final and binding.  Selection as a winning entrant is contingent upon compliance with these Official Rules and fulfilling all other requirements set forth herein.

3.  Contest Period: The entry period for the WKAS Contest begins at 9:00 am Eastern Standard Time (EST) on January 27, 2012 and ends at 11:59 pm EST on April 1, 2012. Production Company’s computer will be the official clock for the WKAS Contest.  Entries submitted before or after the WKAS Contest Period will be disqualified.

4.  How To Enter: To enter, visit www.secretsisterhoodcontest.com (the “Contest Website”) and follow the instructions for the category for which you would like to apply.  Entrants may submit for more than one category with no limit on the number of entries. Entrant must accurately provide his or her name, e-mail address and other such information as may be required for a Flickr, Tumblr, Youtube, or Soundcloud account when submitting, or the submission will not be eligible for consideration.  The Production Company will only use the information collected to contact you for the purpose of the Film (including updates with respect to the status of the Film, pre-, during, and post- production), for obtaining physical copies of the submission if requested and any further release documentation that may be required, and to communicate with the entrant about whether the submission has been provisionally selected for possible inclusion in the Film or has been included in the Film.

5.  General Submission Guidelines:  For all Submission categories, the entrants must comply with the following:

a) Submissions must not contain any material that violates or infringes upon the rights of any third party, including trademarks, logos, or copyrighted material (such as company names, photographs, works of art, or images published on or in websites, television, film or other media whether or not owned by entrant other than the submission itself), rights of privacy or publicity, or any content that is unlawful, in violation of or contrary to any applicable laws or regulations or whose use by the Production Company would require a license or permission from or payment to any third party;

b) Submissions must not contain offensive, inappropriate, threatening or illegal content, including profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms or weapons, hateful content of any kind (including racist or sexist speech or imagery), content that promotes violence or harm to another living creature;

c) Submissions must not defame, misrepresent or contain disparaging remarks about other people or companies, including the Production Company;

d) Submissions must not promote a political agenda;

e) Entrants must retain the original material used to create the Submission so that the Production Company can access it, if selected, for use in the Film.

6.  Specific Submission Guidelines:  Photography & Fashion Categories -  In addition to the guidelines listed above in Section 4, all submitted photographs must comply with the following:

a) the Photograph must be uploaded to the WKAS Contest Flickr page (for the Photography category) or the WKAS Contest Tumblr page (for the Fashion category) both of which can be accessed through the Contest Website;

b) the Photograph (and the copyright in the Photograph) must be owned by the entrant and must be original;

c) the Photograph must have been taken by the entrant and must not previously have been published in any medium or won any award;

d) if the Photograph identifies or depicts any person other than the entrant, the entrant must have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified or depicted is a minor) to the use by the Production Company of the Photograph including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder;

e) the Photograph must not include any location other than the entrant’s own property unless the entrant has all necessary consents, licenses and grant of rights from the owner of such location that would allow the Production Company to exploit the Photograph in accordance with these Official Rules; and

f) the Photograph must not contain any material that the Production Company, in its sole discretion deems inappropriate for public viewing and/or for posting on the Website.

By submitting a Photograph, the entrant represents and warrants that he or she has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Photograph and the use of the Photograph pursuant to these Rules and to verify compliance with the foregoing requirements.  Each entrant agrees to provide the Production Company with copies of all such permissions, licenses, and consents.  The Production Company reserves the right in its sole discretion to disqualify and/or not to post on the Contest Website any Photograph that Production Company determines does not comply with these guidelines, to make such changes to any Photograph as are necessary to make it compliant, or to require the entrant to do so. 

7.  Specific Submission Guidelines: Audition Videos – In addition to the guidelines listed above in Section 4, all submitted audition videos (the “Video”) must comply with the following guidelines:

a) the Video must be uploaded to Youtube, which can be accessed through the Contest Website;

b) the entrant may not be under any contractual relationship that would limit or impair any of the Production Company’s ability to use, on a residual-free and royalty-free basis, the Video in connection with the Film (including on the Contest Website or in connection with the promotion of the Film);

c) the entrant may not be under any contractual relationship (including but not limited to guild and/or union memberships), that may prohibit entrant, if selected, from participating fully in the Film;

d) if the Video contains, identifies or depicts any person other than the entrant, the entrant must have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified or depicted is a minor) to the use by the Production Company of the Video, including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder;

e) the Video must not include any location other than the entrant’s own property unless the entrant has all necessary consents, licenses and grant of rights from the owner of such location that would allow the Production Company to exploit your Video in connection with the Film and the Contest Website in accordance with these Official Rules; and

f) the Video must not contain any material that the Production Company, in its sole discretion deems inappropriate for public viewing and/or for posting on the Website.

8.  Submission Guidelines: Music – In addition to the guidelines listed above in Section 4, all submitted Music entries (the “Music”) must comply with the following:

a) the Music must be uploaded to the Wanna Know A Secret? SoundCloud page, which can be accessed through the Contest Website;

b) the entrant may not be under any contractual relationship that would limit or impair any of the Production Company’s ability to use, on a residual-free and royalty-free basis, the Video in connection with the Film (including on the Contest Website or in connection with the promotion of the Film);

c) the Music must be a completely original composition created and owned entirely by the entrant;

d) Music consisting of Remixes, remakes, or containing samples of other songs are prohibited;

e) the Music  must not have been previously published in any medium or won any award;

f) the Music must not refer to any brand or trademark; and

g) the Music must not contain any material that the Production Company, in its sole discretion deems inappropriate for public viewing and/or for posting on the Website.

By submitting the Music, the entrant represents and warrants that he or she has complied with all of the foregoing requirements. The Production Company reserves the right in its sole discretion to disqualify and/or not to post on the Contest Website any Music that Production Company determines does not comply with these guidelines, to make such changes to any Music as are necessary to make it compliant, or to require the entrant to do so.

9.  Selection of Winning Entrants: There will be one (1) winner from each category. Selection will be at the discretion of the Director and the Screenwriter of the Film (“Screenwriter”) taking into consideration the following:

a) uniqueness;

b) creativity;

c) technical execution; and

d) consistency with the creative and artistic vision of the Director.

Director and Screenwriter reserve the right to select more than one winner from each category. Selection will be made on April 16, 2012.  Selection as a winning entrant has no retail value. In the event that the film does not get made no winners will be selected.

10.  Notification and Verification of Winning Entrants: If your submission is selected for possible inclusion in the film, you will be notified through the Flickr, Tumblr, Google, or Soundcloud account used by entrant when making submissions and/or by telephone.  Winning entrants will also be announced on the Contest Website.  If a winning entrant cannot be reached or does not respond within forty-eight (48) hours of the initial notification attempt or fails to execute and return to Production Company an Affidavit of Eligibility, a Publicity/Liability Release and any other documentation Production Company may require concerning use of your submission within three (3) days of delivery to the winning entrants then the entrant will be disqualified and another entrant will be selected.  Additionally, with respect to the Photography, Fashion, and Video submissions, any releases from individuals appearing recognizably in your submission (if not already submitted to Production Company) and any location releases from the owner of any location appearing in your Photography, Fashion, and/or Video submission must also be provided to Production Company.

11.  Top Entries: From time to time, the Director and Screenwriter may choose from received submissions in each category, a certain number of submission as “Top Entries” which will appear on the category page for each Category.  All details regarding selection of the “Top Entries” will be at the Director and Screenwriter’s discretion, and selection as a Top Entry does not guarantee selection as a winning entrant.  Selection as a Top Entry is non-transferable and has no retail value.

12.  Grant of Rights:  By making a submission to the Wanna Know A Secret? Contest, entrant irrevocably grants to Production Company and its parent companies, affiliates, subsidiaries, promotional partners, contractors, agents, and those each of them may designate from time to time, including without limitation all persons and entities involved in the production, distribution and/or marketing of the Film (all of the foregoing, the “Production Company Parties”) to use the entrant’s name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, and the entry submitted by entrant, including without limitation modifying, altering, excerpting or amending the submission and/or creating derivative works based on the submission or any component thereof, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or hereafter developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law).  Without limitation of the foregoing, by entering the Wanna Know A Secret? Contest, each entrant irrevocably agrees that the Production Company is permitted, during the Entry Period and thereafter, to display entrant’s photograph, name, likeness and/or biographical information online at the Contest Website, Film Website, and any other website and/or social media platforms for public viewing and comment and to incorporate the entrant’s photograph, name and/or biographical information in advertising, marketing and promotional materials for Production Company and/or its products and services and/or the Contest.  Entrants may be required to execute such releases, licenses and other documentation as Production requires with respect to the entrant’s photography. Flickr, Tumblr, Youtube, and SoundCloud will also have the right to use each entrant’s photograph in accordance with their companies’ Terms.

13.  Release and Assumption of Risk:  By entering the Wanna Know A Secret? Contest, each entrant, on behalf of the entrant and his or her heirs, executors, guardians, assigns, agents and representatives, releases Production Company, its representatives, Flickr, Tumblr, YouTube, and SoundCloud each of their parent companies, subsidiaries, affiliates and successors, and the directors, officers, employees and assigns of each of the foregoing, and all people and entities involved in the development or execution of the Wanna Know A Secret? Contest and/or the production, marketing and/or distribution of the Film (all of the foregoing, the “Released Parties”) from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant’s participation in the Contest, the acceptance or use of entrant’s submission, the use by any of the Production Company Parties of the rights granted herein, and all liabilities, losses, injuries and/or damages arising out of or relating to the same.  The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, by reason of participation in this Contest.  Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest.

14. Terms of Liability:  To the extent permitted by applicable, the Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete submissions, emails, incorrect or inaccurate capture of, damage to, or loss of entries, Photographs, Videos, or entry information, or any other human or technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Youtube, Flickr, Tumblr, SoundCloud website, for problems uploading any Photograph, Video, or Music file or downloading any related materials  from the Youtube, Flickr, Tumblr, SoundCloud websites, or for late lost, damaged, misdirected, incorrect or incomplete Video, Photograph, Music file.  The Released Parties are not responsible for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email.  The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Contest.

15. Entrant Indemnification and remedies:  Each entrant will indemnify, defend and hold harmless each of the Released Parties from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to the use by any of them of the submissions as permitted hereunder, and all liabilities, losses, injuries and/or damages to entrant or any other person arising out of relating to the same.  Submissions will not be verified or returned.  The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the winning entrant.  By entering the Contest, entrants agree that a) any and all disputes, claims, and causes of action arising out of or connected with the Contest and the selection of winning entrants, shall be resolved individually, without resort to any form of class action; and b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.  Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest and/or Film shall be an action at law for the recovery of monetary damages only, and in no event shall any of the rights acquired or to be acquired by any of the Production Company Parties hereunder be affected or impaired.  Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the development, production, distribution, or exploitation of the Film and/or any of the Production Company parties exercise of any of their rights hereunder or to terminate or rescind any of the rights granted herein.  Non-compliance with these Official Rules and Guidelines may result in disqualification.

16. Reservation of Production Company remedies: Any attempt to an entrant to deliberately damage any website or undermine the legitimate operation of this contest is a violation of criminal and civil law.  Should such an attempt be made, Production Company reserves the right to seek damages from any such individual to the fullest extent permitted by law. The Production Company reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.  Production Company may prohibit any potential entrant from participating in the Contest or be selected as a winning entrant if, in Production Company’s sole discretion, it determines that said entrant is or may be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intends or is attempting to annoy, abuse, threaten or harass any other entrants or any representative of Production.

17. Privacy:  By making your submission to this Contest, entrant agrees and gives entrant’s consent to the holding a processing of entrant’s personal data relating to entrant by Production Company and any parent or affiliated company and, where relevant, our and their respective employees, agents and advisors, for the purposes connected with these Official Rules and Regulations (including without limitation the enforcement of the same), the Film, and the production and marketing of the Film.  Entrant further acknowledges that the process of personal data pursuant to this paragraph may involve the disclosure of such personal data to third parties, including without limitation legal and regulatory bodies, travel agents, airlines, hotels and the like involved in the Film, distributors and licensees of the Film, YouTube, Flickr, Tumblr, SoundCloud, advertisers and other persons connected with the film or the relationship under these Official Rules and Regulations.

18. Governing Law: Any legal proceedings arising out of this Contest or relating to theses Official Rules and Guidelines shall be instituted only in the federal or states courts located in New York County in the State of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.

19. Not a sponsor:  Flickr, Tumblr, YouTube, and SoundCloud are not sponsors of the Contest and have no responsibility or liability regarding the conduct or administration of the Contest.