3rd Annual Beneath the Earth Film Festival - 2012
These Terms and Conditions ("Terms") govern Your participation (subject to acceptance of Your Submission by Beneath the Earth Films ("Beneath the Earth") in the 3rd Annual Beneath the Earth Online Film Festival (the "Festival”). Each individual item of audiovisual content submitted by You (including all metadata, credits and copyright notices) as a submission for inclusion in the Festival is referred to in these Terms and Conditions as a "Submission." Each of Your Submissions; and each other Submission by a third party which is accepted by Beneath the Earth into the Festival in accordance with these Terms shall be referred to in these Terms and Conditions as a "Festival Entry."
2. The Festival
2.1 Deadlines for the 2012 Beneath the Earth Film Festival are listed below. All entries must be submitted by 11:59 PM (US Eastern Standard Time) on the defined deadline day. Entries submitted through Without A Box must submit by 11:59 PM PST. The mailed portion of an entry must be postmarked by the deadline day. If a Submission is received after the deadline, Beneath the Earth may in its sole discretion enter the submission into the subsequent Festival.
- Earlybird Deadline 6/1/12
- Regular Deadline 7/31/12
- Late Deadline 8/15/12
- Without A Box Extended Deadline 9/21/12
2.2 We reserve the right at our discretion to extend any submission period and any such extension shall be specified on the Beneath the Earth website (“the Site”) and Without a Box.
2.3 Beneath the Earth will inform You by e-mail whether or not Your Submission has been accepted as a Festival Entry. Your Submission will cease to be a Festival Entry if You are subsequently disqualified in accordance with these Terms and Conditions.
3. Submissions and Selection and Eligibility Criteria
3.1 To enter the Festival You must complete the entry form ("Submission Form") provided by the Without A Box website or the entry form hosted on the Beneath the Earth website and mail required materials to the Beneath the Earth shipping address.
3.2 Your Submission will be entered into the Festival only if all of the following three conditions are satisfied: (a) it is successfully submitted by or before any of the festival deadlines; (b) it meets each of the Eligibility Criteria outlined in paragraph 3.5 of these Terms and Conditions; and (c) Beneath the Earth agrees (in its absolute discretion) to accept the Submission as an entry into the Festival in a particular Category (see paragraph 3.4).
3.3 The decision of whether or not to accept a Submission as an entry into the Festival lies solely with Beneath the Earth, who may reject or accept a Submission in its sole discretion.
3.4 The Submission Form accompanying each Submission must specify the single category in which You wish that Submission to be considered. The categories (each a "Category") in the Festival are:
- Feature Film (over 60 minutes, all genres)
- Documentary Short (under 60 minutes, all genres)
- Narrative Short (under 60 minutes, all genres)
- Animated Short (under 60 minutes, all genres)
- Experimental Short (under 60 minutes, all genres)
- Music Video (music video under 15 minutes, all genres)
3.5 Without limiting Beneath the Earth's discretion under paragraph 3.2, in order for Your Submission to be eligible to be considered for entry into the Festival, You or Your Submission (as applicable) must meet the following criteria (the "Eligibility Criteria"):
- You and Your Submission must meet the specific eligibility criteria which relate to the Category in which You have made Your Submission;
- You must complete all compulsory fields in the Submission Form that accompanies Your Submission;
- Your Submission must be in the English language or have English language subtitles; and
- You must not be an employee of Beneath the Earth or any other person or entity connected with the creation and administration of the Festival, or in any such employee's immediate family.
3.6 There is no limit to the number of Submissions You can make to the Festival or in any particular Category although there is no guarantee that any Submission will be accepted by Beneath the Earth.
3.7 If Beneath the Earth considers that a Submission does not meet the Eligibility Criteria for the Category in which You have attempted to enter it, Beneath the Earth may in its sole discretion enter the Submission into a different Category in which that Submission does meet the Eligibility Criteria.
3.8 You represent, warrant and undertake that You have obtained contributor release forms from everybody who appears recognizably in, or makes a noticeable contribution to, Your Submission and You agree to provide such contributor release forms to Beneath the Earth upon Beneath the Earth's request. If You fail to provide any contributor release form(s) promptly following Beneath the Earth's request, we reserve the right to disqualify Your Submission and/or remove Your Submission from the Beneath the Earth Site.
3.9 Beneath the Earth may require You at any time (before or after Your Submission has been accepted as a Festival Entry) on request to provide evidence to verify to Beneath the Earth's reasonable satisfaction that the information You provided in the Submission Form is true and/or that You or Your Submission meets any relevant Eligibility Criteria. If, following a request, You fail to provide evidence of such matters which is satisfactory to Beneath the Earth, Beneath the Earth reserves the right to disqualify Your Submission and/or remove Your Submission from the Beneath the Earth website.
3.10 Additional Submission Guidelines
- All films can be entered, regardless of previous screenings and awards.
- Beneath the Earth accepts films produced in 1990 onward.
- Films may not be widely commercially available on video/DVD in the U.S. before being submitted to the festival.
- Contestants can submit (1) one film to multiple categories, (2) multiple films to the same category (3) or multiple films to multiple categories. Each category submission, however, requires a separate entry form and fee.
- Films can be submitted on DVD (NTSC or PAL). Please do not send film prints, master tapes, or other originals.
- The production's title must be on each case and DVD.
- Films can also be submitted through online methods i.e. the Without A Box screener, a password protected link on a video hosting site like YouTube or Vimeo or a digital format of the film can be submitted via FTP (File Transfer Protocol) or a file transfer site (i.e. YouSendit).
- If submitting a digital version of Your film, acceptable formats are .mov, .wmv, .flv.
- The Festival also requests press materials if available.
- Only complete entries (including entry form, payment, and preview DVD screener) will be processed.
- Beneath the Earth is not responsible for items that are lost in USPS or other delivery services. You are encouraged to secure delivery confirmation to ensure receipt of Your submission.
3.11 Shipping: The cost of shipping an entry to the Festival must be paid by You. Collect or COD shipments will not be accepted. All international entries must be sent "free domicile" with all transportation charges, duties, and taxes prepaid by the shipper.
PO Box 923
New York, New York 10014
3.12 Entry Fees: Each entry must be accompanied by the appropriate entry fee. Entry fees are not refundable. Fees cover submission, notification that your entry has been received, and notification of results. These fees may be paid by credit card through Without a Box or PayPal (VISA, MasterCard, or American Express) or paid by Money Order. Make Money Orders payable to Beneath the Earth Films.
- Early Bird Deadline $35
- Regular Deadline $40
- Late Deadline $45
- Extended Deadline $50
International Entries: For all entries outside the U.S., Money Orders are accepted provided that the money order is drawn on a U.S. correspondent bank and is in U.S. dollars.
Without A Box Discount: A $5 discount can be applied to the entry fee for entrants with upgraded projects submitting via Without A Box.
Student Discount: An additional $5 discount can be applied to the entry fee for student entrants. Students must submit proof of their student status (i.e., copy of student ID, transcript, etc.) with their submission to qualify. The film will only qualify for student status if the Director of the film is a matriculated student at a university. A student need not be enrolled in a film and television program to receive the discount, they must simply be enrolled in a college or University.
3.13 Selection: The Beneath the Earth selection committee, a panel of qualified judges, reviews all Festival Entries and selects finalists in each Category (“The Official Selection”) based on a specific criteria (production value, acting, story, etc.). Finalists are eligible to win any of the two awards given in each category. Submissions selected as finalists are featured on the Beneath the Earth website during the festival period for public viewing (see also Section 5, Use of Content).
4.1 A Best Film Award ("Best Film") will be selected across all categories as will an Audience Award (“Audience Award”). The Best Film winner will receive a $1,000 cash award.
Both the Audience Award and Best Film winners will have the opportunity to have their films reviewed by the members of the Beneath the Earth Grand Jury, a second tier of qualified judges. Grand Jury members publish their reviews on their own website and are not required by Beneath the Earth to post a positive review. Membership in the Beneath the Earth Grand Jury is on a voluntary basis, as such Beneath the Earth asks that all Grand Jury members publish a review for each winning film but cannot guarantee that every member will. The views expressed in Grand Jury Member Reviews do not necessarily reﬂect the views of Beneath the Earth Films.
4.2 Best Film winners are selected by the Beneath the Earth Grand Jury members through vote. And the Audience Award winners are determined through public vote. The winners will be notified by email and subsequently will be announced by Beneath the Earth on the Beneath the Earth website.
4.3 Audience Award: The Audience Award is determined by online vote and is granted to the finalist with the highest number of votes during a designated voting period. During the voting period, visitors of the Beneath the Earth website will be able to vote for each finalist via the Voting Widget. We reserve the right at our discretion to extend the voting period and any such extension shall be specified on the Beneath the Earth website. For the purposes of these Terms and Conditions, the "Voting Widget" shall mean an online voting tool which shall permit end users of the Site to submit votes in respect of Festival Entries. The winner of the Audience Award for each Category will be determined according to the number of votes received by Beneath the Earth during the Voting Period via the Voting Widget in respect of each Festival Entry in the relevant Category. The winners will be notified by email and subsequently will be announced by Beneath the Earth on the Beneath the Earth website.
4.4 You are entitled to vote in the Festival, but You may not vote for any individual Festival Entry more than once per day. If Beneath the Earth has a reasonable suspicion that You have voted for any individual Festival Entry submitted by You more than once per day, Beneath the Earth reserves the right to disqualify You and Your Submission(s) from the Festival. If Beneath the Earth believes that, as a result of any intentional, deliberate or fraudulent act of You or a third party on Your behalf (including without limitation the use of automated systems developed to simulate human voting via the Voting Widget), voting, streaming or Viewing data relating to Your Festival Entry (or any other entry) is being altered or affected so as to attempt to influence the winning of the Audience Award, then Beneath the Earth reserves the right to disqualify You and Your Submission(s) from the Festival.
4.5 Beneath the Earth shall communicate (by means of its website) any further information on when it intends to announce the winners of the Awards in due course.
4.6 Notwithstanding the foregoing, Beneath the Earth reserves the right in its sole discretion to withdraw any or all Award(s) in any Category in the event that there are fewer than seven (7) eligible Festival Entries in that Category.
5. Use of Content
If your Submission is selected as a finalist, Beneath the Earth shall have the right: (a) to create from Your Submission a trailer or trailer(s) consisting of audiovisual excerpts not exceeding 30% of the entire duration of Your Submission or 2 minutes in duration (whichever is the lesser) of, from and/or relating to that Submission (each a "Trailer"); (b) to include and make available Your Submission on the Beneath the Earth website for a period of 90 days from the date of publication on the Site and You hereby expressly agree that during the period beginning from the date of the commencement of the Festival and until 30 days thereafter (the "Festival Period"), You shall have no right to withdraw Your Submission from the Beneath the Earth website but after the expiration of the Festival Period You shall have the right to withdraw Your Submission from the Beneath the Earth website with thirty days' prior written notice (c) to promote Your Submission and make it available for viewing in an area on the Beneath the Earth website; and (d) to distribute (and authorize others to distribute) all or any part of Your Submission without any geo-blocking or other conditional access technology over the Internet by any means (including without limitation via other websites and/or as a "viral" video and/or via other Internet connected devices) during the Festival Period and the 60 day period thereafter.
You agree to take part in reasonable Festival publicity (during the Festival Period and thereafter) requested by Beneath the Earth and agree that You may be filmed, photographed or otherwise recorded by Beneath the Earth or other third parties for this purpose. You agree that Your name, image, likeness, voice and statements may be published throughout the world in any medium now known or in the future devised in connection with Your participation in the Festival and/or in the exercise of the advertising, publicity and marketing rights granted to Beneath the Earth pursuant to these Terms and Conditions.
Updated: October 30, 2012