Rules and Regulations
Agreement Between Blog4Reel Contest Entrants and Blog4Reel
(the "Agreement') (Updated 7.17.08)
How the Blog4Reel Competition Works
Introduction
Blog4Reel is an exciting new vehicle to turn your blog into a film. It is a peer-based competition in which your blog is voted on by other participants. This is how it works: a winner will be chosen each day by their peers (meaning anyone who reads the blog and registers to vote). At the end of the contest, there will be 39 semi-finalists, then 10 finalists. At this point, the staff at Blog4Reel, along with an esteemed panel of film industry professionals, will choose the winner. Three winners will be chosen with cash prizes awarded. At Blog4Reel’s discretion, Blog4Reel may produce a screenplay based on the winning blog(s) with the intention to produce a film based on said blog(s) and/or the winning blogs may be marketed to various film production companies for the possible production of a short and/or feature film.
This Agreement (the "Agreement') is made between you, whether you are a user of the Blog4Reel website or an entrant into the below described contest and Blog4Reel, Inc. (Blog4Reel). By clicking on “I agree” at the end of this document, you agree to all terms and conditions herein.
Blogs
Guidelines for Participating Blogs
Participating blogs must be nonfiction and should be based upon the life and/or life experience of the submitting participant and/or his or her friends, relatives, neighbors, etc. Before determining a winner, all potential winners will be investigated to confirm that the individual is real and that the blog is based on real-life experiences/thoughts. By submitting your blog to the competition, you hereby agree and grant Blog4Reel the authority to investigate the veracity of your blog, including, but not limited to, contacting the persons described in your blog, investigating geographical circumstances referenced in your blog, and/or otherwise corroborating the material that you advance as being based upon real events and persons. Of course, fantastic or fanciful tangents within a real person's blog are acceptable. If the blog is determined to be fictitious, you will be disqualified and removed from the Blog4Reel website.
Blog4Reel retains the right to disqualify and remove the blog based on, but not limited to, any of the following reasons: it contains inappropriate material such as obscenities and gratuitous sex and/or violence, the blog is used as an advertisement, the blog is used to defame any real person, both living or dead, the blog contains any copyright or other intellectual property violations, or for any other reason, within its sole discretion, that Blog4Reel deems inappropriate or otherwise objectionable.
Blog4Reel will make three (3) attempts to contact the potential 3 finalists via email and in order to be eligible to receive any prize or other benefit under this contest the potential finalists must respond by email with telephone, address and other contact information within 48 hours of the transmission of the first email from Blog4Reel notifying the potential finalists of their selection. If Blog4Reel is unable to reach the potential via email within this time frame, he/she will be disqualified and an alternate will be determined in the sole discretion of the Blog4Reel staff. Potential finalists (or parent/legal guardian if a potential finalist is a minor in his/her state of residence) will then be required to sign and return an Affidavit of Eligibility, liability/publicity release (except where prohibited by law) within three (3) days (including weekends) of notification attempt or the prize will be forfeited and alternate finalist may be determined. Affidavit package will be mailed via overnight mail with a pre-paid overnight return envelope included or sent via email. Return of prize notification as undeliverable may result in disqualification and alternate determination.
Judging
First Round - Peer Voting
Every week (which starts Sunday at 12:00 am Central Standard Time and ends Saturday at 11:59 pm Central Standard Time) all registered members of Blog4Reel can vote once on as many blogs as they like once a day - meaning you can vote on as many blogs as you like each day but you can only give them one vote each. At the end of each week the blog with the most votes will be entered into the second round. No blog can win twice. If a blog, which has already won once wins again, the blog with the next highest amount of votes will be entered into the second round for that week. If, for whatever reason, no Blog qualifies in any given week during the competition, Blog4Reel reserves the right to not feature a "Weekly Winner", which therefore may affect the number of semi-finalists. Additionally, if two or more blogs in any given week have equal number of votes, these blogs will all be entered into the second round.
Second Round
This round, which will run for approximately one month and will allow Blog4Reel users to vote for the top 10 out of the 39 semi-finalists’ blogs. All registered members will be allowed to vote only once during this entire second round voting period.
Third Round
The 10 Finalists blogs will be read by a panel of judges comprised of a number of industry professionals, the number and specific identity of these professionals is to be solely determined by Blog4Reel and will be announced at Blog4Reel's discretion. The judges, by a representational voting system, will pick three blogs to receive awards. Winners will be notified by Blog4Reel staff before being announced publicly on the website.
Awards and Prizes
1st Place/Grand Prize: $2,000 and the opportunity to have your blog turned into movie.
Entry Deadlines
The 1st Annual Blog4Reel Competition Launches at 12:00 am CST on March 1, 2008.
The 1st Annual Blog4Reel Competition Ends at 11:59 pm CST on January 17, 2009.
The winners will be announced on February 28th, 2009 on www.blog4reel.com.
Winners
In the event your blog is selected as a winner, either first, second or third place, Blog4Reel, may within its sole discretion, produce a screenplay and/or film based on your blog. At such time, a contract will need to be signed and agreed upon by all parties to proceed.
Sweepstakes Compliance
THERE IS NO PURCHASE NECESSARY TO ENTER. NO ESTIMATED OR SUGGESTED COST OR RESOURCES SHOULD BE PUT INTO CREATING A SUBMISSION.
Blog4Reel may run multiple promotions and contests simultaneously. Entry in the Blog4Reel contest does not constitute entry into any other promotion, contest, sweepstakes or game. Notwithstanding the foregoing, Blog4Reel reserves the right to extend the entry deadlines in its sole discretion. ODDS: Odds of winning have not been calculated and Blog4Reel makes no estimations as to odds. However, odds of winning will depend on the number of entries received, the skill of each Participant, the subjective creative preferences of Judges and the number of votes cast by way of Blog4Reel’s online webBlog4Reel website. Many people may enter but only one First Prize and one Second Prize and one Third Prize will be awarded. ELIGIBILITY: Only legal residents of the fifty United States and the
Shout Out
When registering on Blog4Reel you will have the option to give us the email addresses of those you would like us to notify of your entrance in the competition. Again, this information will not be used in any other way. We will also provide a link so that any time, you can give us an email of someone you wish us to notify of your blog.
Code of Conduct
While using the Blog4Reel website or the Services, you agree not to:
Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
Use the Blog4Reel website or Services for any unlawful purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Blog4Reel website, the Services, or the software underlying either of them, or modify any materials downloaded from the Blog4Reel website;
Modify, copy, or tamper with any blog or any other content that you may access through the Blog4Reel website;
Use any blog or other content that you might access through the Blog4Reel website for any reason other than reading, reviewing, or voting on such screenplay or content.
Harvest, collect, or disclose information about other Blog4Reel website visitors or Members without their express consent.
Use any robot, spider, Blog4Reel website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Blog4Reel website, the Services or their contents, unless otherwise permitted by Blog4Reel.
While using the Blog4Reel website and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Blog4Reel website or any materials that you transmit to the Blog4Reel website (including, without limitation, any Submission or other Material). However, you acknowledge and agree that we have the right to monitor the Blog4Reel website and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Blog4Reel website properly; to protect Blog4Reel, the Blog4Reel website, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests.
Submissions
Any blog or other submitted material that you transmit to us or post anywhere on the Blog4Reel website constitutes your express permission to allow Blog4Reel or its affiliates the use of said Blog (to link/"republish" on Blog4Reel and/or disseminate on its website or associated media, such as press releases). Also, any material that you send to us or post anywhere on the Blog4Reel website or through the Services, including, without limitation, any Unsolicited Submissions (as defined below), bulletin board posting, chat room message, or similar message ("Postings") may be used by Blog4Reel or its affiliates, partners, or sponsors throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable or complement any such use.
Unsolicited Submissions
You shall not post, send or bring to our attention any creative materials of any kind, apart from your properly submitted blog, if any, submitted in connection with a Blog4Reel sponsored contest (or any contest sponsored by a third party but hosted on the Blog4Reel website), such as stories or character ideas, screenplays, songs, or original artwork (collectively, "Unsolicited Submissions"), unless you agree to our use thereof as described above in the section entitled "Submissions." We hope you will understand that it is the intent of this policy regarding Unsolicited Submissions to avoid the possibility of future misunderstandings when projects developed independently might seem to others to be similar to their own creative work. If you send us any Unsolicited Submissions despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by anyone (including Blog4Reel) of such Unsolicited Submissions or any portion thereof. None of the Unsolicited Submissions shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Further, by sending us Unsolicited Submissions you release, waive any claims with regard to, and hold harmless Blog4Reel (and its business partners, affiliates, sponsors, officers, directors, agents, employees, and any parent companies) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Unsolicited Submissions in any media now known or hereafter developed, for any purpose whatsoever.
Film Option
In the event that Blog4Reel, within its sole discretion, decides to produce your blog as a film, you acknowledge that a contract will be negotiated which will serve to assign necessary rights to said blog to Blog4Reel. It is contemplated that Blog4Reel will engage in some form of profit sharing of the film or video adaptation of your blog if it does become profitable (a term to be defined, within its sole discretion, by Blog4Reel). This will be decided at time period solely determined by Blog4Reel and at its sole discretion. Blog4Reel may occassionally, and within its sole discretion, decide to market a winning vlog to a cinematic or other third-party media production company. If this contingency occurs, you acknowledge and agree that all rights and interest in your blog that you have assigned to Blog4Reel in accordance with the other pertinent provisions of this agreement may then be assigned, in whole or in part, and upon terms acceptable to Blog4Reel in its sole discretion, to the cinematic production company as consideration for the production of the film and/or videographic presentation.
Assignment of Intellectual Property Rights
By registering to compete, participants acknowledge that to win (1st, 2nd, or 3rd place) the winning participants have assigned all of their property rights to their submissions to Blog4Reel and further warrent that they are in full possessions of all intellectual and other property rights conveyed to Blog4Reel.
The author of any blog hereby warrants and represents that the aforesaid blog and each and every part thereof is his sole, exclusive and original work, and that no part of the said blog, or the whole thereof, infringes upon any other work whatsoever, and that he is the sole author thereof and owner of all the rights therein, and each and every of said rights, and that he has not sold, assigned, set over, hypothecated, or mortgaged, or otherwise disposed of the said blog or any right, title or interest in or to the same, or any part thereof; but has not entered into any agreement with any person, firm or corporation, affecting the said blog, or any right, title or interest therein, or in the copyright thereof, and that no person, firm or corporation, other than the author of the blog has or has claimed any right, title or interest in or to said blog or any part or use thereof, or any copyright therein, and that the said blog has never been published, and that he has the full right, power and authority to make this assignment and agreement.
The author agrees to forever warrant and defend the aforesaid sale and transfer, and each and every part thereof, and each and every right thereto and agrees to save and keep Blog4Reel harmless, and fully indemnify Blog4Reel from any and all claims, demands, actions at law or suits in equity, loss, damages, costs, attorney's fees, recoveries or penalties; hereby granting to Blog4Reel express authority, at the sole expense of the author, to employ attorneys to defend the right, title and interest of Blog4Reel in and to aforesaid blog, and to take any other steps necessary to protect these rights; and in this connection to settle, compromise or in any other manner dispose of any matter, claim, demand, action or proceeding, or to become due any and all loss or expense occasioned by any such claim, demand, action, matter or proceeding, or at its option to make demand therefore upon the author of the blog; and the author of the blog further authorizes Blog4Reel, whenever in its opinion it's right, title or interest to any of the author's blog is disputed or there is a breach of any of the warranties or representations in this or any similar agreement, until such question shall have been settled or such breach repaired.
You shall be fully responsible for any violation of this Agreement or of any other agreement between you and us that is referred to herein (including but not limited to the Privacy Policy, and any Participation Agreement). You agree to indemnify, defend and hold Blog4Reel, our officers, directors, employees, agents, partners, affiliates, sponsors, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement (b) any allegation that any materials that you submit to us or transmit to or post on the Blog4Reel website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; (c) your activities in connection with the Blog4Reel website, and/or (d) your relationship with Blog4Reel, or any of its respective partners, affiliates, sponsors, or agent, or any of their employees or representatives.
Other Contractual Matters
Changes to Rules
Any changes we make will be effective immediately on notice, which we may give either by posting the revised Agreement on the Blog4Reel website or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to bookmark this page and to review periodically this Agreement to ensure familiarity with the most current version, as we may not provide notification prior to making changes to this Agreement. The "last update" date at the top of the Agreement will assist you in determining whether you have reviewed the most current version.
Arbitration
In the event of any dispute arising out of or in connection with the Blog4Reel website, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Bexar, State of Texas, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least five (5) years of related intellectual property experience, be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of
Limitation of Liability
NEITHER BLOG4REEL NOR ITS SUPPLIERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BLOG4REEL WEBSITE AND/OR CONTENT CONTAINED ON THE BLOG4REEL WEBSITE, THE SERVICES, THE COMPETITION, OR ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE BLOG4REEL WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE BLOG4REEL WEBSITE, THE SERVICE, THE DOWNLOADS, AND/OR CONTENT CONTAINED WITHIN THE BLOG4REEL WEBSITE IS TO STOP USING THE BLOG4REEL WEBSITE, THE SERVICE, AND/OR THE DOWNLOADS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Blog4Reel AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
Denial of Access to Blog4Reel Website
We reserve the right to limit the availability of the Blog4Reel website and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit or change the quantities and nature of any such service, program, or other product that we provide at any time.
Blog4Reel reserves the right, in its sole discretion, to terminate your access to all or part of this Blog4Reel website, with or without notice.
Copyright Issues
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Blog4Reel website are covered by a single notification, a representative list of such works at that Blog4Reel website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; and
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole discretion) that any materials submitted by you (including any Submission) allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Blog4Reel website, at any time in our absolute discretion.
Trademarks
The following trademarks: Blog4Reel, Blog4Reel.com, www.Blog4Reel.com, blog4reel, blog4reel.com, www.blog4reel.com, and all associated logos and domain names are the trade names, trademarks, service marks, logos, and/or domain names of Blog4Reel or its licensors ("Blog4Reel Marks"). Other trademarks, service marks, logos, and/or domain names used on the Blog4Reel website or in the Services (including, without limitation, the individual names of film, TV or other entertainment shows and providers and the domain names associated therewith), where not the property of Blog4Reel, are the trademarks, service marks, logos, and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of Blog4Reel or any third party in or to the Blog4Reel Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Blog4Reel Marks or Third Party Marks.
Choice of Law and Arbitration
This Agreement is governed by and construed in accordance with the laws of the State of
Notice For California Users
Under California Civil Code Section 1789.3,
Blog4Reel will make three (3) attempts to contact the potential 3 finalists via email and in order to be eligible to receive any prize or other benefit under this contest the potential finalists must respond by email with telephone, address and other contact information within 48 hours of the transmission of the first email from Blog4Reel notifying the potential finalists of their selection. If Blog4Reel is unable to reach the potential via email within this time frame, he/she will be disqualified and an alternate will be determined in the sole discretion of the Blog4Reel staff. Potential finalists (or parent/legal guardian if a potential finalist is a minor in his/her state of residence) will then be required to sign and return an Affidavit of Eligibility, liability/publicity release (except where prohibited by law) within three (3) days (including weekends) of notification attempt or the prize will be forfeited and alternate finalist may be determined. Affidavit package will be mailed via overnight mail with a pre-paid overnight return envelope included or sent via email. Return of prize notification as undeliverable may result in disqualification and alternate determination.












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