TERMS AND CONDITIONS
FOR ENTRY INTO AND PARTICIPATION IN THE BMW SHORTIES SHORT FILM CONTEST ("RULES")
NO ENTRY FEE OR PURCHASE OF ANY BMW PRODUCTS AND/OR SERVICES IS NECESSARY TO PARTICIPATE IN THE BMW SHORTIES
1. Introduction
BMW Group Malaysia Sdn. Bhd. ("BMW Malaysia") announces a call for entries to moviemakers of all shapes and sizes for the BMW Shorties Short Film Contest (the "Contest").
Contest participants ("Participants") may submit an original short film of their own creation with a running time no longer than fifteen (15) minutes, including end credits (there is no minimum time requirement).
A total of ten (10) entries will be chosen out of the total number of entries and from that ten (10) entries, one (1) Grand Prize Winner will be chosen.
The Grand Prize Winner will receive up to a sum of Ringgit Malaysia Seventy Five Thousand (RM75,000.00) to fund the making of a short film in the form and manner to be prescribed by BMW Group Malaysia.
2. Eligibility
The Contest is open to any living persons, 18 years of age or older at the year of entry, who are citizens of Malaysia. Only original productions of the participant made specifically for BMW Shorties 2011 will be eligible for entry. Short Films that have been submitted to and/ or received awards from other film festivals or competitions will not be accepted.
Employees of BMW Malaysia and any of its affiliated companies within the meaning of Section 6 of the Companies Act 1965 and their respective subsidiaries and agents, and the immediate family (defined as parents, children, siblings and spouse) of each such employee, together with those with whom such employees are domiciled, are not eligible.
By participating in the Contest, Participants warrant that they are eligible to participate under the applicable law governing procurement of prizes and awards. BMW Malaysia and its promotional partners are the sponsors of this Contest (the "Sponsors").
BMW Malaysia reserves the right to disqualify any Participant if BMW Malaysia determines in good faith that Participant did not follow these Rules, or if Participant's participation in the Contest or receipt of prize would violate any applicable law.
Participants may be required to submit proof of their eligibility.
Each Participant in the Contest shall fully and unconditionally agree to comply with and abide by these Rules and the decisions of BMW Malaysia and its designated judges, which decisions shall be final and binding in all respects.
3. How to Enter
The Contest starts on 8th September 2011 and ends on 11th November 2011 (the "Contest Period"). All entries must be received by BMW Malaysia on or before 11th November 2011. Entries must be submitted during the Contest Period to be considered.
Only one (1) entry per Participant is permitted. Entries must be submitted in the following manner:
The Rules and Registration Form are available at www.bmwshorties.com.my
Participants can print out and complete the Registration Form and send their fully completed and signed forms together with their short film entry to:
The PR Element at The Nomad Offices, Level 8, Pavilion KL, 168 Jalan Bukit Bintang, 55100, Kuala Lumpur between 4pm Thursday, 8 Sept 2011 and 6pm Tuesday, 11 November 2011.
Participant's name must be clearly labelled on their entry. All registration information provided by Participant must be true and correct.
BMW Malaysia and its agents are not responsible or liable for lost, stolen, late, incomplete, invalid, mutilated, illegible or misdirected entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; or for any error, human, technical or otherwise.
BMW Malaysia reserves the right, in its sole discretion, to disqualify any Participants it finds tampering with the operation or entry process of the Contest, or acting in violation of these Rules or applicable law.
Participants located outside of Malaysia should note that customs delays could occur.
BMW Malaysia will not be liable for or pay any customs fees, duties, taxes or tariffs incurred by Participant's submission.
Submissions received past the submission deadline of the Contest Period will not be accepted for review and will be destroyed.
Submissions cannot be returned.
4. Entry Requirements
The following requirements shall apply to all Participants and their entries:
Entries can be up to fifteen (15) minutes in length, including credits. There is no minimum running time.
The dialogue may be in any vernacular languages spoken in Malaysia and shall be subtitled in English.
Entries must be submitted with a non-returnable still image poster of their film.
All components of the Entry must be the original creation of the Participant with the exception that BMW Malaysia's products may be incorporated.
Entries shall not contain excessive profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libellous statements or material considered illegal. Entries containing any such aspects and/or that are in violation of any applicable law or otherwise deemed by BMW Malaysia, in its sole discretion, to be inappropriate will be disqualified. Entries determined to infringe on any intellectual property rights or other rights, will also be disqualified in the sole discretion of BMW Malaysia.
Each entry must be submitted on an individual basis only (i.e., no joint or corporate entries).
Each entry is an original work which is under no restriction, contractual or otherwise, which will prevent BMW Malaysia’s use of the short film and that all short films are free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, except as permitted in paragraph 4 (D) above, nothing in the short film infringes on any intellectual property rights including but not limited to copyrights or trademarks, or violates any person's rights of privacy or publicity and that all necessary releases, licences and permissions have been secured by the Participants.
The entry may not include confidential information, trade secrets, trademarks or copyrighted material belonging to any person or entity other than the Participant absent a suitable license, clearance or permission agreement (proof of which is required upon submission).
Participants are responsible for securing necessary permissions, talent and location releases and licenses for visual and audio material contained in the submissions. Participants shall only use original music created for their entry or music that is in the public domain. No other music may be used.
BMW Malaysia shall not be responsible or liable for any costs or expenses incurred in the production and delivery of the film entries.
Any entry that does not comply with the above requirements or any other terms herein is subject to disqualification.
5. The Top 10 Finalists
Each top ten (10) finalist shall be required to record or provide a 5-minutes director’s comments about their film
6. Selection of Prize Winners
Each entry that is in compliance with these Rules will be reviewed by a panel of judges to be determined by BMW Malaysia. The entries will be evaluated based upon the following factors
Originality
Creativity
Content
ALL DECISIONS OF BMW MALAYSIA AND THE JUDGES ARE FINAL AND BINDING.
Further queries or appeals shall not be entertained.
7. Prizes
The Grand Prize Winner will receive up to a sum of Ringgit Malaysia Seventy Five Thousand (RM75,000.00) (the said Award Sum) in funding to make/produce a professional short film.
The BMW Shorties 2011 Grand Prize Winner must complete his/her short film on or before 31 June 2012.
8. Winning and Notification
The Grand Prize Winner will be announced no later than 1st December 2011 and be posted on www.bmwshorties.com.my. The Grand Prize Winner will also be notified by ordinary mail.
BMW Malaysia will attempt to notify the top 10 finalists and potential Grand Prize Winner by ordinary mail, e-mail and telephone numbers using the contact information provided on the Registration Form.
If for any reason a potential Grand Prize Winner cannot be reached after reasonable attempts have been made, the said Award Sum will be awarded to the next potential Grand Prize Winner.
9. Ownership and License of Submissions
Participants, as the original creators of the Contest entry submissions ("Submissions"), will retain complete ownership of the Submissions. Participants warrant that they hold all rights (including intellectual property rights) in and to the animation(s)/image(s)/material(s) in the animation and/or film sequences submitted.
Each Participant grants to BMW Malaysia an indefinite, non-exclusive, worldwide, royalty-free license ("License") to use, reproduce, edit, distribute, publish, broadcast, stream, make derivative works of and otherwise exploit in any manner the Submissions on www.bmwshorties.com.my and/or in any activities connected with the launch of BMW Malaysia products or any other BMW Malaysia marketing and/or public relations campaign.
In addition, the Winner grants to BMW Malaysia the non-exclusive worldwide right and license, in perpetuity, to release, publish, distribute, advertise and otherwise exploit the winning Submission on DVD and other home video formats as an extra feature included with the release of BMW Malaysia’s products or any other BMW Malaysia marketing and/or public relations campaign.
Participants warrant that the granting of the License and BMW Malaysia’s exercise of such License shall not violate any third-party rights.
BMW Malaysia reserves the right and power, at its sole discretion, to edit, translate, dub or alter the Submissions for, among other things, size, aspect ratio or running length.
Participant's submission of the registration form constitutes their agreed consent to the grant of the License and to BMW Malaysia's right to edit the Submissions as set forth herein.
BMW Malaysia will not return any tangible copies of the Submissions to the Participants and shall not be responsible or liable for any loss or damage thereof. Participants acknowledge the receipt of adequate consideration from BMW Malaysia in exchange for the rights granted herein.
10. General Terms and Conditions
Participating in the Contest constitutes Participant's full and unconditional agreement to and acceptance of these Rules. No purchase is necessary to enter or win, and no obligation of any kind is implied.
Except where prohibited by law, participation in the Contest constitutes the Participant's consent to BMW Malaysia's use of the Participant's name, city, state, likeness, photograph, statements made by the Participant about the Contest, BMW Malaysia, and/or prize information for promotional purposes in any media without further payment or consideration.
BY ENTRY IN THE CONTEST, THE PARTICIPANT AGREES TO RELEASE HOLD HARMLESS INDEMNIFY AND KEEP INDEMNIFIED BMW MALAYSIA, THE CONTEST SPONSORS, THEIR AFFILIATED COMPANIES WITHIN THE MEANING OF SECTION 6 OF THE COMPANIES ACT 1965, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS THE INDIVIDUAL JUDGES, FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPANTS PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR RECEIPT, POSSESSION, USE OR MISUSE OF ANY PRIZE. BMW MALAYSIA RESERVES THE RIGHT TO CANCEL OR MODIFY THIS CONTEST FOR ITS CONVENIENCE OR IF FRAUD, TECHNICAL FAILURES OR ANY OTHER FACTOR BEYOND BMW MALAYSIA'S REASONABLE CONTROL IMPAIRS THE INTEGRITY OF THE CONTEST AS DETERMINED BY BMW MALAYSIA IN ITS SOLE DISCRETION. ANY DISPUTES ARISING FROM OR RELATING TO THE CONTEST OR THE SELECTION OF WINNING SUBMISSIONS WILL BE RESOLVED BY BMW MALAYSIA, IN ITS SOLE DISCRETION.
BMW Malaysia shall not be responsible or liable for any injury or damage to persons or to property, which may be caused, directly or indirectly, in whole or in part, from downloading any material from any BMW Malaysia's web sites, regardless of whether the material was prepared by BMW Malaysia or a third party, and regardless of whether the material is connected to BMW Malaysia's web sites by a hypertext link. All local and national laws and regulations apply.
11. Miscellaneous
Participant agrees that:
Any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the Malaysian Courts of Kuala Lumpur;
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
Under no circumstances will Participant be permitted to obtain awards for and Participant 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant on the one hand and BMW Malaysia and its agents on the other hand, in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Malaysia, without giving effect to any choice of law or conflict of law rules of provisions, which would cause the application of the laws of any jurisdiction other than Malaysia.
12. Sponsor
The Sponsor of this Contest is BMW Malaysia Sdn. Bhd., who has a business address at 2nd Floor, 3501 Jalan Teknokrat 5, 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia.
13. Rules; Winning Participants’ List
A copy of these Rules will be posted at www.bmwshorties.com.my. Details of the winning Participants, once available, will be posted at www.bmwshorties.com.my by 1st December 2011.