2020 CIRCADIAN PICTURES CREATIVE FUND CONTEST
OFFICIAL RULES
We welcome residents of the United States aged 18 or older to participate in our contest to support the work of creative visual artists during the COVID-19 pandemic by inviting artists to submit proposals for creative still photography projects that can be conducted and maintained in accordance with social distancing guidelines. The “2020 Circadian Pictures Creative Fund” contest (the “Contest”) is sponsored by Circadian Pictures (the “Sponsor”).
1. Term: The Contest begins May 1st, 2020. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that their entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
2. Eligibility: The Contest is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry (each, an “Entrant”). Employees, officers, and directors of Sponsor or any of its affiliates, parent companies, subsidiaries, divisions, and advertising and promotional agencies, along with members of those persons’ immediate families (i.e., parents, spouse, domestic partner, siblings, children and step-children) and household members, are not eligible to participate in the Contest.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
3. Submission Rules: Entrants may enter the Contest by submitting the following materials (collectively, the “Submission Materials”), any time from 7:00AM PT on May 1st, 2020 until 11:59 PM PT on May 24th, 2020 (the “Entry Period”):
(i) Application Form: A complete copy of the Application Form, which must include the Entrant’s full name, phone number and email address.
(ii) Creative Project Proposal: A full outline of the proposed creative still photography project (the “Project”). This should include the inspiration for the Project, goals/hopes for the final product of the Project, Entrant’s plan for completing the Project, the techniques that will be used to complete the Project, the aesthetic choices and overall tone of the Project, the scope of the Project, the estimated number of still photographs that will comprise the Project, a proposed timeline and schedule for completion of the Project, and anything else Entrant would like Sponsor to know about the Project.
• Please note that while the Contest was born of the COVID-19 crisis, and while Sponsor anticipates certain Entrants may be influenced artistically by the COVID-19 pandemic, there is no requirement that the subject matter of the Project relate in any way to COVID-19 or its effects.
(iii) Personal Statement: A short statement (550 words maximum) in which Entrant tells Sponsor about themselves, and why the Prize (as defined below) would be important to them, whether creative, financially, professional, or otherwise. Entrants should describe their background and aspirations.
(iv) Statement of Responsibility: A statement of responsibility that explains how Entrant will be responsible and maintain social distancing throughout the process of completing the Project. Entrant must explain what protective measures Entrant will employ, how Entrant will document those measures for verification purposes, whether Entrant will work with any collaborators, and how Entrant will work with such collaborators in a manner that complies with social distancing guidelines and does not put Entrant’s, or others’, health and/or safety at risk.
(v) Sample Image & Description: A sample image/proof of concept that illustrates what the Project may look like in its final form, along with a brief description (200 words maximum) explaining what elements of the Sample Image represent the final Project’s aesthetic and the ways in which the final Project will differ from the Sample Image in terms of imagery and process. The Sample Image must have been captured by the Entrant between May 1st, 2020 and May 24th, 2020.
(vi) Mood Board: A mood board for the Project, with imagery to illustrate the vibe and inspiration for the Project.
(vii) Line Item Budget and Description: A line-item budget of no more than US $10,000 showing how the Prize funds will be allocated (the “Budget”) and a brief (300 words maximum) budget description. There cannot be any funding from third-party sources, or self-funding on the part of Entrant, in the Budget or otherwise in connection with the Project. The Budget can include an “Artist Fee” in addition to the hard costs of the Project for Entrant to retain.
(viii) Resume: A copy of Entrant’s professional resume.
(ix) OPTIONAL/Scaled Down Budget: An alternative form of the Budget that describes the minimum amount of money Entrant would need to complete the Project without putting Entrant in a position of financial hardship. The Scaled Down Budget may be considered in awarding runner-up Prizes.
To enter, Entrant must submit Entrant’s Submission Materials, along with a copy of a signed License and Release, at the following web address https://forms.gle/b1DjTNed6BmNJUKs8 during the Entry Period. BY SUBMITTING THE SUBMISSION MATERIALS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT ANY SUBMISSION MATERIALS WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
4. Additional Entry Rules and Restrictions: Partial or incomplete Submission Materials will NOT BE ACCEPTED. All Submission Materials submitted in accordance with these Official Rules will be hereinafter referred to as “Eligible Entries.” Receipt of entries will not be acknowledged or returned. Submission Materials must comply with the following requirements:
• Submission Materials cannot contain material that violates or infringes upon another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright and trademark rights;
• Submission Materials cannot, in the sole and unfettered discretion of Sponsor, contain defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful content, including content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals, or that exploits people under the age of 18 in an abusive, violent, or sexual manner;
• Submission Materials cannot offer to sell any goods or services for any commercial purpose; and
• Submission Materials must be accompanied by a License and Release , the terms and conditions of which cannot be altered or edited by Entrant in any way.
LIMIT 1 CONTEST ENTRY PER PERSON DURING THE ENTRY PERIOD. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person. Eligible Entries must be manually key-stroked; use of automated entry devices or programs is prohibited. Once submitted, an Eligible Entry cannot be modified by Entrant, and will not be returned.
Sponsor reserves the right, in its sole discretion, to reject or disqualify any entry that is deemed ineligible or for any reason that Sponsor feels is necessary and/or appropriate, including, without limitation, disputes or questions regarding the validity of an Entrant’s License and Release, complaints alleging any violation of a third-party rights pertaining to any element of Submission Materials, or Entrant’s failure to comply with these Official Rules or interference, in Sponsor’s sole opinion, with the proper conduct of the Contest.
The Submission Materials must be the original work of Entrant, must have been created specifically for the Contest, and cannot have been exploited in any other manner. By submitting Submission Materials, Entrant further warrants and represents that he/she and any persons involved in, contributing to, or who are identifiable in the Project consent to the submission and use of the Project in the Contest and to use of the Project as otherwise set forth herein. Entrant further expressly acknowledges that Sponsor, the Contest Entities (as defined below) and any other entity affiliated with this Contest do not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Project and/or Submission Materials and that Sponsor has wide access to ideas, stories, photos, recipes, methods, designs and other literary/artistic materials submitted to them from outside sources or being developed by their own respective employees and that such ideas/stories/recipes/methods/videos/methods/designs/literary/ artistic materials may be competitive with, similar to (or even identical to) the Project and/or Submission Materials submitted by Entrant and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith.
5. Judging #1 (Finalist Determination/Notification): After the close of the Entry Period, the Eligible Entries will be presented to the initial panel of judges comprised of Sponsor’s employees and independent contractors, as well as a select group industry professionals (the “Sponsor Judges”). For this first stage of judging, the Sponsor Judges will review each of the Eligible Entries and select up to 25 “Semi-Finalists” based on the following criteria:
• Originality
• Creative merit
• Uniqueness of perspective
• Clarity of expression
• Innovation
• Resourcefulness
• Artistic Expression
• Artistic Approach
• Intention
• Level of detail
• Technical Execution
• Ability to accomplish & execute the Project
• Ability to adhere to the Budget
• Ability to adhere to social distancing best practices
• Clarity & quality of Submission Materials
The Sponsor Judges reserve the right to advance fewer than 25 Semi-Finalists’ Eligible Entries if, in their sole discretion, they do not receive a sufficient number of eligible Entries of sufficient quality. Each Semi-Finalist may be contacted at the email address or phone number provided in the Application Form.
Sponsor may require Potential Finalists to sign and return, within 3 business days of notification (or such shorter time period as indicated thereon), an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law, the necessary paperwork for a background check, any release(s) from person(s) who appear in or were involved in the creation of the Project (if applicable), and any other materials Sponsor may request to assist in its evaluation of the Entrant’s Submission Materials (collectively, the “Contest Documents”). If any of the Contest Documents are not returned to Sponsor within the specified time period, the potential Finalist may be disqualified. If a potential Finalist is disqualified for any reason, there will be no prize of any kind awarded. All Semi-Finalists who submit complete and accurate copies of all requested Contest Documents will be referred to as the “Finalists.”
If any request for Contest Documents or other Contest communication is rejected or returned as undeliverable, if a potential Finalist cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), or if the potential Finalist fails to respond to the request for Contest Documents and/or to sign and return the Contest Documents (if required) within the time periods set forth herein, the prize will be forfeited in Sponsor’s sole discretion.
6. Judging #2 (Contest Winner Determination/Notification): Each Finalist may be required to have a phone/Skype interview with designated representatives of the Sponsor Judges during the week of May 30th, 2020 – June 5th, 2020. During the phone/skype interview, the designated representatives may ask questions regarding the inspiration and/or execution of the Project, as well as any other aspects of the Eligible Entry. The Finalists’ interviews will be judged on the same criteria set forth above. Thereafter, the Sponsor Judges shall select 1 Contest Winner, and up to 20 Contest Runners-Up.
Finalists must be available for phone and/or video interview at a date and time (during the above-indicated period) of Sponsor’s choosing. Finalists CANNOT appoint a third-party proxy to participate in the phone interview on his/her behalf. Each Finalist represents and warrants that he/she will answer interviewer’s questions in a truthful and forthright manner to the best of his/her knowledge, belief and ability, as well as to act in a respectful, courteous, and polite manner toward the interviewer. Sponsor reserves the right, without additional notice, to record the interview for internal judging purposes as well as for possible use in advertising and publicity for this Contest and Sponsor generally. If a Finalist is unable to participate in phone interview at designated time for any reason, Finalist may be disqualified. Each Contest Winner and Contest Runner-Up will be notified of results by e-mail and/or phone on or about June 12th, 2020. In order to be eligible to receive a Prize, the applicable Contest Winner or Contest Runner-Up must provide Sponsor with all documents and other materials necessary for Sponsor to render payment of the Prize.
For the avoidance of doubt, if an Entrant is deemed a Finalist but NOT a Winner, Entrant will NOT receive any prize.
Additional terms and conditions may apply to interviews, which will be provided at the time of Sponsor’s request for same. Such additional terms and conditions are made a part of these Official Rules and incorporated herein by reference; in the event of any inconsistency between these Official Rules and the additional terms and conditions, the additional terms and conditions prevail, govern and control only with respect to the conduct of interviews and, in all other regards, these Official Rules will prevail, govern and control.
7. Prizes: The Contest Winner will receive US $10,000 to fund their Project. An additional pool of US $5,000 will be divided amongst the Contest Runners-Up, such division to be determined in all respects in Sponsor’s sole discretion.
Approximate Retail Value (“ARV”) of all Prizes: US $15,000.
The Sponsor Judges’ determination of the Contest Winner and Contest Runners-Up are final and binding and not subject to appeal. Only the Contest Winner and Contest Runners-Up will be notified that their Eligible Entries were selected for a Prize. All amounts paid to the Contest Winner and the Contest Runners-Up are collectively referred to herein as the “Prizes.” All federal, state and/or local taxes are the sole responsibility of the respective Contest Winner and/or Contest Runners-Up, who will each receive a 1099 tax form. Each Winner should consult his/her tax professional regarding any tax questions.
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Contest Winner and/or Contest Runners-Up because of incorrect or changed contact information. If the Contest Winner and/or Contest Runners-Up do not accept the Prize, the unaccepted Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize. Sponsor is not responsible for any inability of the Contest Winner and/or Contest Runners-Up accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
8. Conditions: By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding. Each Entrant shall defend, indemnify, and hold harmless Sponsor and its present and future parent, subsidiary, and affiliate companies and licensees and their respective present and future officers, directors, shareholders, managers, members, employees, contractors, agents, successors, and assigns (collectively, the “Contest Entities”) from and against any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience, or irregularity, and any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs, and expenses (including, without limitation, attorneys’ fees) that may arise in connection with (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant’s participation or inability to participate in the Contest, (b) the violation of any third-party privacy, personal, publicity, or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence, or willful misconduct in connection with the use of the Project, (e) any change in the Contest due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any actions, regulations, orders, or requests by any governmental or quasi-governmental entity (whether or not any such action, regulation, order, or request proves to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Contest, (i) incorrect or inaccurate transcription, receipt, or transmission of any part of the Submission Materials or License and Release, (j) any technical malfunctions or unavailability of any website or telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by an Entrant, (k) interruption or inability to access the Contest via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third party’s) computer and/or its contents related to or resulting from any part of the Contest, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged Submission Materials, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor or any of its agents or employees, (p) the collection, use, and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, (q) the social distancing guidelines outlined in the Submission Materials or the Project, (r) the Project, or (s) the negligence of or willful misconduct by Entrant. Sponsor reserves the right to terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest) and/or to select Winning Entries from among all Eligible Entries received prior to such termination. No purchase necessary to enter or win. Internet and valid email address are required. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
9. Non-Discrimination: Sponsor shall not discriminate against any Entrant or his or her Submission Materials by reason of race, creed, color, age (subject only to the requirement that the Entrant be over 18 years of age), disability, national origin, sex, or any other characteristic protected by law, including, but not limited to, those protected by Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information Nondiscrimination Act, or any other similar laws, rules, or regulations.
10. Privacy: All information submitted by Entrants, including the Submission Materials, as part of the Contest will be treated in accordance with the Sponsor’s Privacy Policy accessible at www.circadianpictures.com/privacy. By participating in this Contest, Entrants acknowledge and agree that all information and material, including, without limitation, personally identifiable information provided in their Submission Materials and License and Release, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest or legal filing requirements, and may be further publicized as described in these Official Rules. In the event of any conflict between these Official Rules and the terms of the Privacy Policy, these Official Rules shall govern.
11. Disputes; Arbitration: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the awarding of Prizes/determination of Finalists and the Contest Winner and/or Contest Runners-Up, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, Entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to Entrant under applicable federal, state or local law remain available to Entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the Entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the Entrant’s residence and the Entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between Entrant and Sponsor. Should an Entrant initiate arbitration pursuant to this section, the Entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If Entrant is a California resident and Sponsor is the prevailing party in such arbitration, such Entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon Entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of California or any other jurisdiction.
12. Winners List: For the names of the Contest Winners and Contest Runners-Up, mail a self-addressed, stamped envelope to: “2020 Circadian Pictures Creative Fund Prize Winners”, c/o Circadian Pictures, Inc., 1064 Myra Ave., Los Angeles, CA 90029, for receipt no later than September 10th, 2020.