English

’LIFE IN A DAY’ FILM

OFFICIAL RULES AND TERMS

 

World In A Day Films Limited (“us”, “we” or “our”) is asking YouTube users to submit videos for consideration for inclusion in a feature film which will be created from videos submitted by YouTube users and certain other contributors enlisted by us, currently entitled “LIFE IN A DAY” (the “Film”). 

 

The objective is to capture a day in the life of the world.  Accordingly, you are invited to submit videos (and such videos may contain moving images and sound, or simply moving images, or simply sound, subject to the restrictions in these Official Rules) that are filmed or recorded on 24 July 2010 (each, a “Video” and collectively “Videos”, which expression includes all or any part(s) of such Videos), which will be considered by us for inclusion in the Film.  All Videos submitted by YouTube users must be uploaded to the dedicated YouTube channel for the Film located at www.youtube.com/LifeInADay (the "Film Channel") in accordance with the dates and timings as set out below.

 

The inclusion or not of any Video in the Film is entirely dependent on our artistic vision and the artistic vision of the director of the Film (the “Director”). Our decision and that of the Director is final (whether joint or otherwise).  As such, our artistic review will determine the Videos which will be selected for inclusion in the Film.

 

By uploading your Video to the Film Channel, you agree to these official rules and terms (“the Official Rules and Terms”) in addition to the terms of service of the YouTube website set out at http://www.youtube.com/t/terms (the “Terms of Service”) and the Community Guidelines of the YouTube website set forth at http://www.youtube.com/t/community_guidelines (the “Code of Conduct”) (and references to the “Official Rules and Terms” shall include all of these terms, unless otherwise indicated).

 

Further information regarding the Film and the creation and submission of Videos for the Film is available on our Frequently Asked Questions page appearing at https://docs.google.com/a/google.com/document/pub?id=1I4LY92ynsFhC9bO4g0-Q5tv_6Dsde2se31hbIgomk98, but such information does not form part of these Official Rules and Terms.

 

1.              RELEVANT DATES

The relevant dates for this project are as follows:

 

EVENT

Starts

Ends

Filming Day

Saturday 24 July 2010 at 00:00:01AM, wherever you are

Saturday 24 July 2010 at 23:59:59PM wherever you are

Submission of your Video by uploading to the Film Channel

(the “Submission Period”)

 

Saturday 24 July 2010 at 00:00:01AM, wherever you are

Saturday 31 July 2010 at 23:59:59PM wherever you are

Videos will be reviewed for inclusion on the Film Channel

Sunday 25 July 2010 at 09:00:00AM GMT

Friday 15 October 2010 at 23:59:59 GMT or until all Videos uploaded have been reviewed during the Submission Period, whichever is sooner.

 

Approved Videos begin to be made available via the Film Channel

 

Sunday 1 August 2010 at 00:00:01AM, wherever you are

No set end date.

 

For all other dates such as the intended release of the Film, please check updates which will be posted to the Film Channel. Such other dates (including the release date of the Film) are subject to change at our sole discretion and we have no obligation to complete the production of the Film or, if completed, to release the Film in any specific media or at all.

 

Project Entities:

World in a Day Films Limited, 30 Old Burlington Street, London, W1S 3NL (the “Contest Administrator”), YouTube, LLC, 901 Cherry Avenue, San Bruno, CA 94066, LG Corporation [LG Twin Towers 20 Yoido-dong, Youngdungpo-gu Seoul, Korea] (the “Sponsors”), (all parties collectively referred to as the “Project Entities” which expression includes their respective successors in title, assigns, licensees, parent or subsidiary companies, promotional partners, developers and third party marketing entities).

 

2.              ELIGIBILITY

2.1 For YouTube users to be eligible to upload and submit Videos to be considered for inclusion in the Film, individuals must be:

·       18 years of age or older, (or 19 years of age or older if you are a resident of Nebraska (US State), or 20 years of age or older if you are a resident of Taiwan, Korea, Japan or New Zealand, or 21 years of age or older if you are a resident of Puerto Rico, Mississippi (US State)), as at Saturday 24 July, 2010; and

·       registered users (“Registered Users”) of the YouTube Website. To become a Registered User of the YouTube Site, individuals must register for an account and agree to the YouTube Site’s Terms of Service. There is no fee or charge to become a Registered User.

 

2.2 You will not be eligible to submit Videos to be considered for inclusion in the Film if you are:

·       a resident of Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, or any other U.S. sanctioned country;

·       an employee, officer, director, agent, representative of the Project Entities and their respective parents and subsidiary companies, legal and financial advisors, any and all other companies associated with the Film (or their immediate family members (which means parents, spouses, children, siblings, in-laws, grandparents and grandchildren) or residents in the same household (whether legally related or not)); or

·       a party who:

(a) is represented under contract (e.g., by a talent agent or manager) that would limit or impair any of the Project Entities’ ability to use your Video;

(b) has a contract that would make your appearance in your Video a violation of any third party right(s);

(c) is under a merchandising agreement; or

(d) is under any other contractual relationship (including but not limited to guild and/or union memberships), that may prohibit you from participating fully in the Film, or from allowing the Project Entities to use, on a residual-free and royalty-free basis, your Video worldwide in all media in perpetuity (except in France and Spain, for the duration of the rights).

 

3.              VIDEO SUBMISSION REQUIREMENTS

3.1 You can submit as many Videos as you like within the Submission Period, provided they comply with these Official Rules and Terms. Your Video must be no longer than ten (10) minutes, although you may submit multiple Videos. 

 

3.2 When submitting your Video to the Film Channel you must also complete certain details requested by us, in particular your name, email address and country of residence,  or your Video will not be eligible for consideration for inclusion in the Film.  We will only use information collected at this point to contact you for the purpose of the Film and the Film Channel, such as obtaining physical copies of your Video and any further release documentation required and to communicate with you about whether your Video is provisionally selected for possible inclusion in the Film or has been included in the Film. 

 

Any information collected by us as part of this process will only be used in a manner consistent with these Official Rules and Terms, including clause 16.

 

3.3 Your Video must also comply with the Code of Conduct, and in particular must not:

·       include 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 you (except for the Video itself);

·       contain any music, either on the soundtrack to your Video (the score) or playing in the background of your Video (that is recorded simultaneously with the pictures) (known as source music), whether or not owned by you;

·       contain offensive, inappropriate 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), content that promotes violence or harm to another living creature;

·       defame, misrepresent or contain disparaging remarks about other people or companies, including the Project Entities;

·       promote a political agenda;

·       contain footage of third parties taken without their permission.

3.4            You must retain the original material used to create your Video so we can access it for use in the Film, should your Video be selected for possible inclusion in the Film.

 

3.5 The Contest Administrator (or its representatives) will review all Videos received during the Submission Period and the Film Channel and will only accept and post those Videos that conform to these Official Rules and Terms. Videos which do not conform to these Official Rules and Terms will not be eligible for inclusion in the Film (although they will continue to appear in your YouTube account). Decisions of the Contest Administrator are final and binding.

 

 

4.              ENTRY TERMS

4.1 You represent, warrant, covenant and confirm to us that:

(i)         your Video conforms with these Official Rules and Terms, the Terms of Service and the Code of Conduct;

(ii)       you are 18years of age or older (or 19 years of age or older if you are a resident of Nebraska (US State), or 20 years of age or older if you are a resident of Taiwan, Korea, Japan or New Zealand or 21 years of age or older if you are a resident of  Puerto Rico, Mississippi (US State));

(iii)      all responses provided by you to us when you upload your Video to the Film Channel are true and complete in all respects;

(iv)      your entire Video was filmed and/or recorded by you on the Filming Day;

(v)        you are the sole author and owner of your Video which is wholly original to you;

(vi)      you have the right to agree to these Official Rules and Terms and to grant the rights referred to in these Official Rules and Terms, free from any encumbrances and third party rights;

(vii)     nothing in your Video infringes the copyright or any other rights (including any rights of confidentiality and/or privacy and/or publicity, any moral rights or any intellectual property rights) of any third party;

(viii)   your Video does not include any logos, trademarks, designs or copyright material (including but not limited to music, film or TV footage), whether or not owned by you (other than the Video itself);

(ix)      your Video does not include the name, image or voice or other sounds of any person unless you have obtained a signed release (“Appearance Release”) from such person in the form available for download at [NATE PLEASE INSERT];

(x)        your Video does not include any location other than your own property unless you have all necessary consents, licences and grants of rights from the owner of such location so as to enable us to exploit your Video in accordance with these Official Rules and Terms;

(xi)      you have not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to your Video which would prevent you from licensing your Video to us in accordance with clause 7 of these Official Rules and Terms, including by entering into any agreement which would require us to make any payment to you or any third party for using your Video;

(xii)     no action claim or litigation is pending or threatened with respect to your Video or any rights in your Video;

(xiii)   your Video does not contain any defamatory material or any material which is disparaging or derogatory of any person or which could adversely affect the name, reputation or goodwill of any person;

(xiv)    your Video does not contain pornographic or sexually explicit content and does not contain any hateful, obscene, offensive or blasphemous content of any kind or any content which promotes violence or harm to any living creature;

(xv)     your Video does not contain threats of any kind or any content that could intimidate, harass or bully any person; and

(xvi)    your Video and your filming and creation of your Video do not violate any local, state, national or international law or encourage violations of such laws.

 

4.2 If you breach any of your representations, warranties, obligations, undertakings or covenants in these Official Rules and Terms, or your Video does not comply in all respects with these Official Rules and Terms, your Video will be disqualified from consideration for the Film and/or will be removed from the Film Channel.

 

5.              TECHNICAL PROBLEMS AND GENERAL ERRORS

5.1 To the extent permitted by applicable law, neither the Project Entities nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with the Film (including without limitation Scott Free Films Limited) and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, 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 Film Channel or the YouTube website, for problems uploading any Video or downloading any related materials from the Film Channel or YouTube website, or for late, lost, damaged, misdirected, incorrect or incomplete Video.

 

5.2 For purposes of these Official Rules and Terms, receipt of your Video occurs when the YouTube website’s servers successfully receive the uploaded video file and record the required Video information.

 

6.              SELECTION OF VIDEO

6.1 All eligible Videos received during the Submission Period will be reviewed by us and/or the Director, and Videos will be selected or not selected for inclusion in the Film on the following basis:

(i)            appropriateness in relation to the Director’s brief as explained on the Film Channel;

(ii) uniqueness;

(iiii) creativity;

(iv) technical execution; and

(v) consistency with the creative and artistic vision of us and/or the Director of the Film.

 

6.2 If your Video is provisionally selected for possible inclusion in the Film, we will contact you at any time from 1 September 2010 onwards via the email address you communicated to us when you uploaded your Video to the Film Channel, and ask you to send us a physical copy of that Video or upload it to a special site in order for us to use the higher resolution version of your Video.  We will also require you to provide your home address for use solely for the same purposes as are specified in clauses 3 and 16, and if required, enforcing these Official Rules and Terms.

 

6.3 You may also be required to execute or procure that third parties execute additional documentation concerning the use of your Video, at our discretion. This may include without limitation a physical signed filmmaker release from you, Appearance Releases from individuals appearing recognisably in your Video (to the extent you have not already provided these to us at the point of submitting your Video to the Film Channel) and a signed location release in a form to be provided by us to you (“Location Release”) from the owner of any location appearing in your Video.

 

6.4 If your Video is provisionally selected for possible inclusion in the Film, it does not mean your Video will be included in the final cut of the Film (including the version of the Film which premieres at the Sundance Film Festival, or in any subsequent version released to the public), even if you provide all materials and releases requested by us.

 

6.5 If you fail to send us a physical copy of your Video or complete any required documentation in accordance with any requested timelines, or if your Video is found not to be in compliance with these Official Rules and Terms then your Video will not be included in the Film and may also be removed from the Film Channel.

 

6.7 In addition, you agree that the Project Entities reserve the right to disqualify your Video at any time, in their sole discretion, on the basis of anything learned or obtained as a result of any additional documentation required by the Contest Administrator, which would constitute a breach of these Official Rules and Terms. The decision of the Contest Administrator is final, including any application and/or interpretation of these Official Rules and Terms.

 

7.              PRIZES

If your Video is included in the final cut of the Film, then you will also become eligible for consideration for a prize as specified in this Clause 7 (“Director’s Selection Prize”).  The Director will be selecting 20 Videos used in the Film that he feels have made the most significant creative contributions to the final Film (the “Director’s Selection Prize Winners”). Judging and award of the Director’s Selection Prize will be at our and/or the Director’s sole creative discretion. Director’s Selection Prize Winners will receive a trip to the Sundance Festival 2011, in Park City, Utah, to attend the premiere of the Film. Director’s Selection Prize Winners may be required to travel on fifteen (15) days or less notice and will be required to provide additional personal details, including without limitation their address, telephone number and passport details for use solely in connection with organizing travel and accommodation for the Sundance Festival. If a Director’s Selection Prize Winner cannot travel during the travel dates notified or is unable to provide the requested personal details within the time requested, then that Director’s Selection Prize Winner shall be deemed to have forfeited their prize and an alternate Director’s Selection Prize Winner may be chosen by us and/or the Director, in their sole discretion. Trip amenities include a (i) round-trip economy airfare for each Director’s Selection Prize Winner from a major gateway city airport located in a localized jurisdiction (as specified below) to Park City, Utah.  (If any Director’s Selection Prize Winner lives within a one-hundred (100) mile radius of Park City, Utah, ground transportation may be provided at the Project Entities’ discretion)); (ii) round-trip ground transportation in Park City, Utah to hotel via private car/van/bus (airport–hotel–airport) (if a Director’s Selection Prize Winner is not eligible for air transportation, round-trip airport-to-hotel transportation will not be provided), and (iii) up to 3 nights' standard hotel accommodation in Park City, Utah on a bed and breakfast basis.  DIRECTOR’S SELECTION PRIZE WINNERS FROM OUTSIDE THE UNITED STATES WHO DO NOT RESIDE IN A COUNTRY WHERE YOUTUBE IS CURRENTLY LOCALIZED WILL BE REQUIRED TO DEPART FROM AND RETURN TO AN AIRPORT IN A YOUTUBE LOCALIZED COUNTRY WHEN TRAVELLING TO THE UNITED STATESFOR THE PURPOSE OF THIS COMPETITION, COUNTRIES IN WHICH YOUTUBE IS CURRENTLY LOCALIZED ARE AUSTRALIA, BRAZIL, CANADA, CZECH REPUBLIC, FRANCE, GERMANY, HONG KONG, INDIA, IRELAND, ISRAEL, ITALY, JAPAN, MEXICO, POLAND, RUSSIA, SOUTH KOREA, SOUTH AFRICA, SWEDEN, NEW ZEALAND, SPAIN, THE NETHERLANDS, TAIWAN, AND THE UNITED KINGDOM. 

 

Any expense and any travel documents required for travel to/from a YouTube localized country is the responsibility of the Director’s Selection Prize Winner, as are all costs of any companion with whom a Director’s Selection Prize Winner wishes to travel. Companions will not be offered invitations to the Film’s premiere.  The prize does not include any other transport and/or supplementary charges, the cost of other meals, personal expenses, incidentals, and/or ancillary products or services.  Complete terms of the Director’s Selection Prize will be issued with the prize notification. All travel that is part of the Director’s Selection Prize will be arranged by the Sponsors.  

Director’s Selection Prize Winners, are responsible for their own travel documentation (including but not limited to visas and passports). Estimated total retail value of each Director’s Selection Prize: $4,000USD. Actual retail value will be based on city of origin. Total value of all prizes to be awarded: up to $80,000USD. Actual value may vary depending on place of departure and dates of travel.

 

All federal, state and other tax liabilities associated with the Director’s Selection Prize are the responsibility of the Director’s Selection Prize Winner. Prize is non-transferable – no substitutions or cash rewards allowed, except at the discretion of the Project Entities, in which case a prize of greater or equal value will be awarded.  Director’s Selection Prize Winners (and their companions, if relevant) shall be required to execute and return travel publicity releases and waivers.  Failure or delay in doing so may prevent participation in the trip. To the fullest extent permissible by applicable law, the Project Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death in connection with any person’s participation with this contest or any prize awarded herein.

 

 

8.              YOUR LICENCE TO US

8.1 By uploading your Videos to the Film Channel, you irrevocably grant us a worldwide non-exclusive, royalty free licence (where relevant, by way of present licence of present and future copyright) to:

(i) copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your Video (including without limitation the right to extract audio only or picture only content from your Video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicising, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, and to include your Video (or any such altered or edited version of your Video) in the Film whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as we determine in our sole discretion; 

(ii) advertise, promote, publicise, broadcast, exhibit, distribute and exploit the Film (and any clips from the Film) incorporating your Video, or any such altered or edited version of your Video, throughout the world in perpetuity in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Film); and

(iii) communicate your Video, or any part thereof, to the public via the Film Channel, including without limitation for promoting and redistributing part or all of the Film Channel in any media formats and through any media channels.

 

8.2 You agree to give to us all physical materials and copies of materials relating to your Video now or after the date of these Official Rules and Terms  delivered by you to us or uploaded by you at our request to a special site. We will not return to you any physical materials and copies of materials relating to your Video delivered by you to us and we shall have no liability to store or retain the same and shall have no liability whatsoever to you arising from the destruction or loss of the same by us or any third party.

 

8.3 IF YOUR VIDEO (OR ANY PART OF IT) DOES NOT APPEAR IN THE FILM OR IN ANY DERIVATIVE FILM MATERIAL OR ON THE FILM CHANNEL, THE LICENCE IN THIS CLAUSE 8 WILL NOT APPLY.

 

8.4 In this clause 8 the expression “Film” also includes any trailers, teasers, advertising or promotional material, DVD “extras”, bonus materials, electronic press kits, making-of film, documentary or other production based on, or relating to such film, or any other material connected with advertising, promoting or exploiting such film (together “Derivative Film Material”).

 

9.              ONSCREEN APPEARANCES – YOU, OTHERS AND LOCATIONS

9.1 If you appear in your Video or if your voice or sounds you make are audible in your Video, and your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or on the Film Channel, you irrevocably grant to us, all performance consents which are or may be required under the Copyright, Designs and Patents Act 1988 (UK) (as amended or re-enacted from time to time) and any other analogous legislation in any part of the world for the exploitation of your appearance and performance in your Video and of the Film (or any part of the Film) and any Derivative Film Material, throughout the world, in perpetuity, in any media, now known or devised in future.  We have the unlimited right to dub and/or subtitle your performance in any language.

 

 

9.2 If anyone other than you appears identifiably in your Video or their voice or other sounds made by them can be heard in your Video or their name is referred to in your Video, and/or if any location other than your own property, appears identifiably in your Video, you warrant that you have obtained all necessary assignments, licences, consents, grants of rights and waivers of moral rights from such individuals and/or the owners of such locations (as applicable) so as to enable us to exploit your Video in accordance with these Official Rules and Terms incorporating the names, images, voices, sounds and performances of such individuals and/or photographs, recordings and sound recordings of such locations (as applicable), throughout the world, in any and all languages, in perpetuity, in any media and by all means, now known or devised in future, without hindrance and without any payment obligations to such individuals and/or owners (as applicable).  In the event your Video is provisionally selected for possible inclusion in the Film, we will require you to provide signed Appearance Releases and/or location releases (as applicable).

 

 

10.           CREDIT FOR YOUR VIDEO

If your Video (or any part of it) is included in the final cut of the Film (but not otherwise), you will receive a credit using the full name given by you when you submit your Video to the Film Channel, as co-director of the Film in a list of contributors to the Film. The size, position and placement (whether in the Film or elsewhere) of such credit will be determined by us in our sole discretion.   No failure by us or any third party to accord the foregoing credit shall constitute a breach of these Official Rules and Terms by us or entitle you to rescind your agreement to these Official Rules and Terms or to receive injunctive or other equitable relief or to enjoin or restrain the broadcast, distribution, exhibition, advertising, publicity, communication to the public or other exploitation of the Film or any Derivative Film Material. 

 

11.           YOUR NAME & LIKENESS FOR PROMOTION

If your Video (or any part of it) is included in the Film and/or any Derivative Film Material, we shall have the right to use your name, photograph and non-photographic likeness and any still frames or moving images of your likeness taken from your Video and any recordings of your voice or sounds you made taken from your Video throughout the world for all purposes of advertising, promotion, publicity, broadcast, exhibition, distribution, exploitation and communication to the public of the Film, any Derivative Film Material and the Film Channel, in any and all media now known or devised in future, in perpetuity.

 

12.           MORAL RIGHTS AND WAIVER OF CLAIMS

12.1 If your Video (or any part of it) is included in the Film and/or any Derivative Film Material or on the Film Channel, to the fullest extent permitted by applicable law, you irrevocably waive the benefits of and agree not to assert or exercise and waive and release the Project Entities from any and all claims that you may now or hereafter have in any jurisdiction based on any provision of law known as “moral rights” or “droit moral” or any similar rights or unfair competition with respect to the Project Entities’ exploitation of your Video without further notification or compensation to you of any kind, and you agree not to instigate, support, maintain, or authorise any action, claim, or lawsuit against the Project Entities or any other person in connection with your Video, the Film or any Derivative Film Material, on the grounds that any use of your Video or any derivative works thereof, infringe or violate any rights of you and/or any participant therein.

 

12.2 You warrant that neither you nor any other person will make any objection in the future to your Video (or any part thereof) being included in the Film and/or the Derivative Film Material and  irrevocably waive and release us from all and any liability of whatsoever nature following from or arising as a result of the inclusion of your Video (or any part thereof) in the Film and/or any Derivative Film Material including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights.

 

13.           REMUNERATION

13.1 Inclusion of your Video in the Film and/or any Derivative Film Material and/or on the Film Channel will be deemed sufficient consideration for all rights granted to us under these Official Rules and Terms and neither you nor any other person shall be entitled to any further sums whatsoever in connection with any exploitation of the rights granted to us under these Official Rules and Terms.

 

13.2 Inclusion of your Video in the Film and/or any Derivative Film Material and/or on the Film Channel shall include equitable remuneration in respect of rental and lending rights and cable retransmission rights and any similar rights to which you may now or shall subsequently become entitled under the laws of any country in connection with the exploitation of the Film and/or any Derivative Film Material.

 

14.           NO OBLIGATION

14.1 We shall be under no obligation to include your Video in the Film or in any Derivative Film Material or on the Film Channel or, having made the Film or any Derivative Film Material including your Video, to broadcast, exhibit or exploit the Film or any Derivative Film Material and shall have no liability whatsoever arising out of the foregoing.

 

14.2 In addition to Videos submitted by YouTube Users, we and partner organisations are distributing cameras to selected organisations and individuals (“Non YouTube Users”) in various territories throughout the world in order to expand the global reach of the project and the opportunity to participate. Videos submitted to us by Non YouTube Users are not part of this Contest, but are eligible for inclusion in the Film. We shall have sole discretion in determining the proportion of the Film which comprises Videos contributed by Non YouTube Users.

 

14.3 We will not enter into any correspondence in relation to the selection of the content included in the Film or in any Derivative Film Material.

 

 

15.           BREACH OF OFFICIAL RULES AND TERMS AND LIABILITY

15.1 In the event of any breach by us of these Official Rules and Terms, your sole remedy shall be for damages (if any) actually suffered by you (subject always to clause15.2 below) and you shall not in any circumstances be entitled to rescind your agreement to these Official Rules and Terms or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film or any Derivative Film Material.

15.2 To the fullest extent permissible by applicable law, we shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and us at the date of your upload of your Video to the Film Channel) suffered or incurred by you arising out of or in connection with these Official Rules and Terms. The Project Entities’ aggregate collective liability arising from or relating to these Official Rules and Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £100.

15.3 Nothing in these Official Rules and Terms shall be construed so as to limit or exclude either you or us from liability for fraudulent misrepresentation, personal injury or death.

15.4 YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES AND TERMS, AGREE TO BE BOUND BY THE DECISIONS OF THE PROJECT ENTITIES, WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREE EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES AND TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR (AND YOU HEREBY IRREVOCABLY RELEASE THEM FROM LIABILITY FOR) ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION YOUR CREATION OF YOUR VIDEO), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM YOUR BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES AND TERMS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROJECT ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  NOTWITHSTANDING THE REVIEW OF ANY VIDEO BY THE CONTEST ADMINISTRATOR, YOU UNDERSTAND AND AGREE TO BEAR SOLE LIABILITY FOR THE CONTENTS OF YOUR VIDEO AND AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF ANY THIRD PARTY’S CLAIM OR DEMAND RELATING TO THE CONTENT OF YOUR VIDEO. YOU FURTHER AGREE TO INDEMNIFY AND TO KEEP THE RELEASED PARTIES FULLY INDEMNIFIED AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, ACTIONS, DEMANDS, DAMAGES AND/OR LIABILITIES WHATSOEVER INCURRED BY AND/OR AWARDED AGAINST AND/OR COMPENSATION AGREED BY ANY RELEASED PARTY IN CONSEQUENCE OF ANY BREACH OR NON-PERFORMANCE BY YOU OF THE WARRANTIES SPECIFIED IN CLAUSES 4(I), 4(III) AND 4(V)-4(XVI) (INCLUSIVE) ABOVE IN THESE OFFICIAL RULES AND TERMS.

15.5 You hereby acknowledge and agree that the relationship between you and the Project Entities is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your Video in connection with the Film does not place the Project Entities in a position that is any different from the position held by members of the general public with regard to elements of your Video, other than as set forth in these Official Rules and Terms.

 

16.           PRIVACY – PERSONAL DATA

16.1 When creating your Video, you hereby undertake to comply with the provisions of the Data Protection Act 1998 (as amended or re-enacted from time to time, the “DPA”) and any related legislation, and any analogous legislation applicable in any other jurisdiction, insofar as the same relates to the provisions and obligations of these Official Rules and Terms.

16.2 For the purposes of the DPA and any related legislation, and any analogous legislation applicable in any other jurisdiction, you agree and give your consent to the holding and processing of personal data, including sensitive personal data as such terms are defined in the DPA, relating to you (including without limitation the data referenced in clauses 3, 6 and 7 above) by us and any companies in the same group as us or under common control or ownership with us and, where relevant our and their respective employees, agents and advisers, solely for purposes connected with these Official Rules and Terms (including without limitation the enforcement of the same), the Film,  the Derivative Film Material and the Director’s Selection Prize and to ensure compliance with our legal and regulatory obligations.

16.3 You acknowledge that the processing of personal data pursuant to clause 16.2 above 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 Director’s Selection Prize, distributors and licensees of the Film, YouTube, sponsors and advertisers and other persons connected with the Film or the relationship under these Official Rules and Terms.

16.4 The disclosure and processing of your personal data pursuant to clauses 16.2 and 16.3 above may involve the transfer of such personal data outside the European Economic Area including the US and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area.  You consent to such transfers.

16.5 You and any person appearing in your Video from whom we have received personal data have the right to require personal data held by us relating to you or such person (as applicable) to be removed from all records held by us by sending an email to the following email address: privacylifeinaday@gmail.com, provided that if you or any such person sends such notice after we have included your Video in the Film we shall be entitled to retain personal data received from you or any such person (as applicable) for the purposes of verifying your, or their (as applicable), consent to the inclusion of your Video in the Film and on the Film Channel and, at our sole discretion, we shall have the right to continue to use your Video in accordance with the terms of these Official Rules and Terms (including without limitation in the Film and any Derivative Film Material and on the Film Channel).  However, in these circumstances you shall not be eligible for a Director's Selection Prize and if a Director's Selection Prize has already been awarded to you but the Sundance Festival premiere of the Film has not already taken place prior to the date of your notice, your entitlement to a Director's Selection Prize will be automatically forfeited.   In the event that you or any person appearing in your Video sends such notice prior to inclusion of your Video in the Film, your Video will not be eligible for inclusion in the Film or on the Film Channel.

 

 

17.           ASSIGNMENT OR SUB-LICENCE

17.1            We shall be entitled to assign, license, charge or deal in any other manner with these Official Rules and Terms or our rights and benefits under these Official Rules and Terms (in whole or part) to any third party.

 

17.2            You shall not be entitled to assign, license, charge or deal in any other manner with these Official Rules and Terms or your rights and benefits under these Official Rules and Terms to any third party without our prior written consent.

 

 

18.           ENTIRE AGREEMENT & GOVERNING LAW

18.1            These Official Rules and Terms (together with all information provided by you at the point of submitting your Video to the Film Channel) constitute the entire agreement between you and us and replaces, supersedes and cancels all prior agreements between you and us relating to the subject matter of these Official Rules and Terms.

 

18.2            English law shall apply to these Official Rules and Terms (including non-contractual obligations arising out of or in connection with them) and you and we irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these Official Rules and Terms (including non-contractual disputes or claims). Service of process in any judicial or other proceeding against you may be made by personal delivery (including by courier) or by post (by airmail if sent overseas) to the address provided by you to us under clause 6.2 (or such other address as you may notify to us in writing from time to time) and shall be deemed effected when left at the relevant address (in the case of personal delivery (including by courier)) or two (2) days after posting (if sent by post other than airmail) or six (6) days after posting (if sent by airmail). Each of you and we waive application of the procedure for service of process pursuant to the Hague Convention For Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

 

 

19.           SEVERABILITY

If any provision of these Official Rules and Terms is invalid, void or unenforceable under the law, rules or regulations of a particular country, such provisions shall in no way affect any other provision of these Official Rules and Terms, the application of such provision in any other circumstance or the validity or enforceability of  these Official Rules and Terms and such provision shall be curtailed and limited only to the extent necessary to bring it within the legal requirements of the relevant jurisdiction.  

 

20.           CANCELLATION

The Contest Entities may cancel, modify, or suspend the Contest (or any portion thereof) due to a force majeure event or any other event in the Contest Entities’ sole discretion. In the event of termination, the Contest Administrator reserves the right, at its sole discretion (and subject to the approval of the RACJ in Quebec), to select Videos for the Film and Director’s Selection Prize Winners from among all eligible Videos received up to the time of such action using the judging procedure set forth herein.

 

21.           TAX LIABILITY.

Director’s Selection Prize Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Director’s Selection Prize Winners’ country of residence. 

 

 

22.           COUNTRY SPECIFIC NOTICES

For Brazil: In the event a Director’s Selection Prize Winner is from Brazil, a substitute prize of equal value may be offered in compliance with Brazilian law. Entrants in Brazil agree that they are not “customers”.

 

For Mexico: By entering the Contest, entrants from Mexico hereby expressly agree and accept that for anything that is related to the interpretation, performance and enforcement of these Official Rules and Terms, each of them expressly submits to the laws of England and Wales and to the jurisdiction of the competent courts in England, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.

 

For Canada: For Quebec, Canada residents only, all legal requirements concerning the La Regie des Alcools des Courses et des Jeux shall apply. If a Director’s Selection Prize Winner is from Canada, he or she may be required in writing to assign any copyright to the Contest Administrator. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling.  Any litigation respecting the awarding of a Director’s Selection Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

 

23.           DIRECTOR’S SELECTION PRIZE WINNERS

On or about 10 December 2010, the Director’s Selection Prize Winners will be chosen at our office in London.  The names of the Director’s Selection Prize Winners will be posted on the Film Channel and individually notified by email on or about 10 December 2010.

 

In addition, to obtain this information you may also send a postcard with your return address clearly marked for receipt by Life in a Day Administrator to: World in a Day Films Limited, 30 Old Burlington Street, London, W1S 3NL.