Terms and Conditions of Participation

View the document that establishes the terms and conditions of the call for entries

Terms & Condition for entering the call

The Videomaker Festival "Documentaries Award" is a call for videos of TheBlogTv S.p.A. (hereinafter the “Company”) and is hosted on the website www.userfarm.com (hereinafter the “Website”) as of [●]

1. General Guidelines for entering the competition

1.1 In order to enter this competition, it is necessary to first register on the Website and be over eighteen years old.

The user may register on the Website by filling in the data form, after having read and accepted the Legal Notes to be found in the same Website and these Terms and Conditions for entering the competition. The information inserted must be true and correct and will be retrieved and processed in terms of the Privacy Policy published on the Website, in terms of Legislative Decree No. 196/2003 and other applicable legislation.

1.2 One registration will be accepted per e-mail address. Once the registration has been made, the user will receive an e-mail confirming registration to the Website, at the e-mail address provided in the registration form. Once registration to the Website has been made, the user will be able to take part in the competition by uploading one or more Videos (hereinafter the “Videos”).

1.3 With respect to instructions on the content of the Video, the editorial content and the technical specifications please refer to the brief on the competition available on the appropriate webpage.

It is possible to upload videos created specifically for the festival, as well as videos previously produced, as long as the videos will be considered valid entries for the "Documentaries" award, and don't exceed 20 minutes in length. A user can participate with one or more video in this category, and will be able to upload videos also for other festival categories.

2. Approval
All the Videos uploaded will be reviewed by the Website editorial staff, who will make a preliminary assessment of whether they are suitable for publication and whether they are compliant with the guidelines outlined in the brief and therefore, on whether there is opportunity to make them available on line. The editorial staffs undertake to examine and approve the Videos proposed within a reasonable time. Every step involved in the management of the Video (approval, rejection, request for modifications, in case the Video is deemed suitable but is lacking in form or content) shall be notified to the user by e-mail or by any means of contact supplied upon registration to the Website. All the Videos approved shall be visible and available on the Website.
 
3. Option right and consideration

3.1 During such time that the competition is in place, the Company shall have the right but not the obligation, to exercise against payment, the right of first option in terms of article 1.2 of the Legal Notes (hereinafter the “Agreement”), on the Videos retained suitable and in line with the brief.

3.2 The author of the video that is optioned for purchase will be paid the following amounts of money:

1,000 euros after tax for the documentary selected for the award. The video needs to be pertinent to the call for videos, respect the brief guidelines, and represent excellence in its category according to the appointed judge.

3.3        The Company reserves the right to not select any Video from amongst those sent during the course of the competition and the authors cannot, in any event, claim or expect any form of payment or compensation.

3.4        The competition does not include any form of prize and the amount paid to the author of the Videos on any Video on which the right of first option has been exercised shall be considered solely as compensation for rights assigned by the author to the Company and for the service given.

3.5        Payment of the compensation in terms of article 3.2 is subject to the receipt from the Company of the present terms and conditions duly signed by the author of the Video in favour of whom the right of first option was exercised, accompanied by a photocopy of a valid identification document.

4. Management of exploitation rights
4.1        All the works which enter this competition shall be managed in terms of the Agreement. According to the provisions of article 1.3 of the Agreement, upon payment of the compensation in terms of article 3.2 of these Terms and Conditions, and on exercising of the purchase option all rights of use and financial gain shall be deemed to have been assigned for non-exclusive worldwide use to TheBlogTV, without any limitations of time. These rights include but are not limited to rights of reproduction, rights to show in public, right to derive other works there from, transmission to the public, making Videos available to the public, distribution, translation, hire and lending in every form and with any means now available or which will become available in the future and with the right to assign to third parties.
Therefore by virtue of the license of use given, the Company will be able to, by way of example and not limited to, directly or through third party licensees, without any limitation as to the number of passages of use of each Video:
       (i)            Temporarily or permanently reproduce any Video in any format, including digital format, and by any means or procedure now in existence or which will in future exist;
      (ii)            Make any Video available to the public, using electronic means such as the Internet (on one or more websites, without limitation), both in streaming as well as in “download” and or any other technical means which allows use of the Video;
     (iii)            Communicate any Video to the public, in any format or using any means for distant transmission, now in use or which will in future be used (by way of example, any type of telephone network, air, cable or satellite television, re-broadcast via satellite, re-broadcast via cable, free television, pay television, pay per view, video-on-demand, near video-on-demand, digital television, DVD-h, IPTV);
     (iv)            Distribute any Video in any analog or digital format, now in existence or which will exist in future ( as an example CD, CD-Rom, CDi, VHS, DVD), by any means and through any commercial channel (as an example big and small distribution, newsagents, e-commerce);
      (v)            Distribute any Video, including distribution with other audiovisual material and/or press publication;
     (vi)            Show any Video in cinemas;
    (vii)            Translate into any language the audio of each Video and insert sub-titles in any language;
   (viii)            Rent and lend any Video in any format and using any means;
     (ix)            Use any Video to promote and advertise the activities of the Company or of the Sponsor using any means whose use is permitted under this agreement;
      (x)            Use and distribute to third parties the Video even in c.c. "embedded" mode, enabling such third parties to reproduce the Video on their own internet websites without the need of any form of prior authorisation and with no compensation payable to you under any title save for moral rights;
     (xi)            Use single parts or fragments of the Video and re-assemble the Video in whole or in part, should this be felt necessary by the Company and/or the Sponsor and/or the third party licensees in order to make better use thereof;
    (xii)            Insert, in the Video, a distinctive mark (figure, name, or other) of the Company and/of the Sponsor and/or of third party licensees
4.3        In the event of exercise of the option given in terms of article 3.1 of the Terms and Conditions for entering the competition, the author of the Video undertakes to sign the documents and to fulfil any requirement which the Company, at its discretion shall deem necessary in order to exercise, protect or enforce any right given by the Agreement and the Terms and Conditions for entering the competition.
By way of guarantee by the author of his/her performance of the obligations in terms of the Agreement and this Terms and Conditions for entering the competition, it is understood that in the event that the author does not sign the documents or undertake any deed requested within 14 (fourteen) days from the relative request, the Company shall have the irrevocable right to act severally and directly in the name and on behalf of the author, as attorney authorised by the latter, and such appointment shall be irrevocable.
5. Limitation of Liability
In view of the ways of entering the competition, the Company does not assume any responsibility with respect to any technical malfunction of the hardware or software, interruption to the Internet connection, failed, incorrect, inaccurate, incomplete, illegible, damaged, lost, delayed, incorrectly addressed or intercepted registration by users, or any other registration by users which for any reason was not received by the Company, electronic communications of any other kind which were delayed or any other technical problem linked to the registration by users and to the upload of the Videos in the course of this initiative. Likewise, the Company does not give users any guarantee of proper functioning of the Website and of the programs forming part thereof.
6. Exclusions
6.1        Videos which the company, at its sole and unquestionable discretion, shall deem to be unsuitable for publication may be excluded or removed from the Website. Also, the Company reserves the right to prohibit access to the Website to those users which have been held liable for any illegal deed. By way of example, the Company reserves the right to exclude works which contain material which is in breach of third party rights (breach of industrial/intellectual property rights), could be considered discriminatory based on race, and/or religion and/or nationality; is violent, pornographic or of a sexual nature; is defamatory; incites hatred; contains reference to alcohol, drugs or illegal substances; is contrary to law or contains reference to ill-treatment of animals.
6.2        Also no consideration shall be given to Videos which fall outside the theme, do not comply with the form and content required and described in detail in the brief of the competition and in these Terms and Conditions. Users who use fraudulent means or means which are in breach of the normal development of the competition and users who, as an example but not limited to, hinder the registration process by other users, manipulate the proper functioning of the Website or in any other way breach the Terms and Conditions, may also be excluded from taking part in the competition. The Company reserves the right to proceed, as deemed opportune and in line with current laws in force, to limit and curtail any action aimed at circumventing the applicable system. Any fraud or attempted fraud shall be duly reported in terms of law.

7. Warranties and indemnification

7.1        By participating to the call, users represent and warrant:

    That the Videos uploaded by them do not contain any material which is in breach of the rights, pleas and claims of third parties whether financial or personal (ref. to Law 633 of 1941, to Law No. 196 of 2003 and other applicable laws and regulations);
    That they have obtained  from all persons appearing and/or present on the Video all the authorisations and releases necessary in terms of these Terms and Conditions even with respect to Law No. 196/2003 and that they can, upon request by the Company, provide the relative evidentiary documentation within 10 days from request made even by e-mail;
    That the Videos do not contain any visual or audio material which, in terms of current laws in force, constitutes advertising material or is in any case illegal in terms of  current laws or regulations;
    That they have obtained written authorisation from the parents and persons having parental authority for Videos which show minors or disabled persons, even in terms of Law 196/2003;
    That the Videos are freely and legally unusable in line with the provisions of these Terms and Conditions, in that the author of the works is the only holder of the rights of use therefore, or that he has acquired the authorisation of all the persons having any such rights thereon, having properly fulfilled any requirement and/or satisfied any right even of a financial nature, pertaining to the persons who have any such right, as an example “Siae”, or audio/visual release for use of images, name and voice in terms of law;
    That they are fully aware that any liability, including criminal liability, with respect to each work lies with the user that has uploaded the video.

7.2        Users agree to hold harmless and indemnify the Company and its third parties assignee, from claim or instituting any legal action (including reasonable legal expenses) and connected to or deriving from the use of the Videos uploaded by them or the rights of license of use in terms of the Terms and Conditions and the breach of the representations and warranties given in terms of article 7.1 above.

7.3        Users declare that they are fully aware that the participation to the call does not give rise to any inherent right or to any form of consideration.

8. Privacy
 
Personal data collected within the scope of this initiative shall be treated in terms of the Privacy Policy. The processor of the data is TheBlogTv S.p.A. with registered office in Milano, at Via San Vincenzo 24, 20123.

9. Reimbursement of Expenses

All participants may request the company, by communication in writing sent to the following address, to reimburse expenses incurred in entering the competition. Such expenses shall be calculated as three (3) minutes at the reduced rate.

10. Acceptance

Participants to the competition declare that they accept these Terms and Conditions in full and that they accept all the provisions of the Agreement to which reference is herein made.