Terms and Conditions
TERMS AND CONDITIONS
BINDING LICENSE AGREEMENT
between Magnolia Pictures LLC and Entrant
These Terms and Conditions are only a portion of the Submission Form and are presented here to inform you of the legal obligations you agree to when filling out and submitting your entry. For a complete version please CLICK HERE [PDF].
By filling out and signing the submission form:
1. I certify that I am the sole or principal filmmaker of the User Submission and the sole owner of all rights in the User Submission. I certify and that the information provided above in Parts I and II is complete and correct.
3. I certify that, to the best of my knowledge and information, my submission and participation in the Contest, including my potential selection as a Winner, and the full exercise of the rights I am granting in this license, are in no respect prohibited by any statute, rule or regulation of any country or locality to whose laws I am subject or in which I filmed.
4. I certify that I am not presently and will not in the future become a party to any contract, understanding or promise, oral or written, that would interfere with the full exercise of the rights I am granting in this license.
5. I certify that no moneys are or will become due to or may be claimed by any person or entity (including actors, crew, financiers, guilds or unions) in connection with the User Submission.
6. I irrevocably grant to Magnolia the right to use, reproduce, distribute, excerpt, translate, display and perform the User Submission, without my review or approval, in connection with the Magnolia Contest including without limitation the inclusion of the Picture as a “bonus feature” on the “Hobo With A Shotgun” DVD/Bluray release which may be for sale, and to use my name, likeness and biographical information in connection with all such rights. These rights are granted irrevocably; on a non-exclusive basis (that is, I may grant the same rights to others, so long as those grants do not interfere with this grant and provided for the avoidance of doubt I acknowledge and agree that I hold no rights whatsoever in and to, or in connection with, any “Hobo With A Shotgun” DVD/Bluray release); for the entire world; in perpetuity; without the requirement of any payment or other financial consideration whatsoever. Without limiting the generality of these rights, I understand that they include the potential streaming and download on websites including Youtube and those operated by Magnolia. The rights described in this paragraph 6 may be exercised by Magnolia, and also by all persons and entities acting pursuant to a direct or indirect grant, sale or license from Magnolia, including but not limited to Users of the Magnolia website.
7. I agree and understand that the potential inclusion of any User Submission on any “Hobo With A Shotgun” DVD/Bluray release shall, in addition to being subject to verifiable and full and complete clearance of the entire User Submission (including without limitation any audio and/or visual material and individual performances contained therein), be determined entirely at Magnolia’s sole discretion, and accordingly Magnolia makes no guarantee whatsoever that any User Submission shall be made part of or associated with any “Hobo With A Shotgun” DVD/Bluray release.
I will deliver the User Submission in accordance with the guidelines and deadlines set forth in the “FAQ” page of the http://ca.hobowithashotgun.com/contest website.
8. I agree that I shall not be entitled to receive, and shall not seek, any payment or other financial consideration whatsoever (including without limitation in connection with any “Hobo With A Shotgun” DVD/Bluray release) from Magnolia or from any other entity whatsoever with regard to the rights I am granting herein.
10. I agree that the validity, interpretation and enforceability of this document, my rights and obligations as an Entrant, and any other matter in connection with my submission and the Contest shall be governed by and determined in accordance with the laws of the State of New York and of the United States, without giving effect to “conflict-of-law” rules. Any claim or dispute raised by Magnolia or me relating to these matters shall be decided exclusively by a court of competent jurisdiction located in New York, NY, USA, and I submit to those courts for this purpose. Furthermore, in the event of any dispute relating to the subject matter hereof, I agree, represent and warrant that I shall not seek, nor be entitled, to enjoin or restrain or otherwise interfere with the distribution, advertising or exploitation of any “Hobo With A Shotgun” DVD/Bluray release and/or Magnolia’s or its designee’s exploitation of the rights granted to it hereunder, or to terminate or rescind this Agreement.
11. I understand that any subtitling of the User Submission that is provided by Magnolia cannot be used by me for any other purpose. That is, if I separately distribute or authorize distribution of my film with subtitles, I am responsible to independently obtain or create the subtitling.