TERMS

Please read the Official Rules below.

These are the Official Rules of the Berlin Commercial 2019, organised by BfFF Kulturprojekte gGmbH, Katzbachstrasse 21, 10965 Berlin, Germany.

This portion of the Berlin Commercial  is referred to as the “Contest.” By entering the Contest, you accept these Official Rules.

1. ELIGIBILITY

The Contest is offered and open only to entrants who are at least the age of majority in the jurisdiction of their residence at the time of entry.

The following persons are not eligible to enter the Contest: employees of BfFF Kulturprojekte gGmbH, parent companies, and companies under

common control with listed above companies.

By entering, you agree to these Rules and warrant that you are eligible to enter the Contest.

THE CONTEST IS VOID WHERE PROHIBITED.

2. PROMOTIONAL PERIOD

You must submit an audiovisual work (a “Submission”) that complies with the requirements of Section 4 according to the entry deadlines found on www.berlincommercial.com.

Note: Works submitted for Berlin Fashion Film Festival 2019 will automatically be considered for the Contest

3. HOW TO ENTER

You must pay an entry fee for each Submission that you submit (the “Entry Fee”).  If you submit a campaign containing several single spots, each of the spots counts as a separate submission. If you wish to submit severalspots or films at the same time, there is a multiple submission option.

You can find entry fees on www.berlincommercial.com

ALL FEES ARE NET VALUES. 7 % VAT will be added during checkout.

THE ENTRY FEE IS NON-REFUNDABLE.

YOU WILL NOT BE REFUNDED FOR ANY REASON INCLUDING DISQUALIFICATION.

To submit your Submission, you must (1) complete the entry form on this site (2) confirm your agreement to these Official Rules; (3) pay the Entry Fee using an authorised payment method.

The Contest Parties may publicly display your entry on their websites.

The video file that you send us must be in the best possible quality complying with the hosting platforms recommended compression and uploading guidelines. If your Submission is selected as an “Official Selection”, “Semi-Finalist or Finalist (defined in Section 8 below), you must provide a high-resolution version upon request.

Once you have entered a Submission, it will not be returned. Submissions may be disqualified at any time for non-compliance with these Official Rules. BfFF Kulturprojekte gGmbH makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize or award. You will not be notified of any disqualification or the reasons for such disqualification.

ANY ATTEMPT TO ENTER THE CONTEST EXCEPT AS PROVIDED ABOVE IS VOID.

4. REQUIREMENTS

4.1 GENERAL

Each Submission must comply with the following rules:

  • The entrant must hold the permission by the work’s owner of intelectual

property  to publicly display it and grant the licenses set forth in Section 6.

  •  It must have premiered (i.e., it was publicly displayed for the first time) online or offline later than March 15th, 2018, or has not premiered elsewhere at the time you submitted it.
  • It must be in the English language or have English subtitles (to the extent it contains dialogue or text).

5. CONTENT RESTRICTIONS.

The submission must also comply with the restrictions below:

  • The Submission may not contain pornographic material; contain threats to any entity, place, group, or world peace; or violate any applicable laws.
  • The Submission may not infringe any third party’s intellectual property rights or infringe any third party’s privacy rights.
  • The Submission must not contain any third-party work, INCLUDING ANY MUSICAL RECORDING OR COMPOSITION, unless (1) you have a license to use such work in the Submission from the owners/licensors; (2)such work is in the public domain.
  • You must not breach any contractual obligation in submitting your Submission. You must provide any licenses, permissions, or releases to Contest Parties upon request. Failure to provide such documentation or comply with any the foregoing requirements may result in the disqualification of your Submission. By entering your Submission, you represent and warrant that it complies with the requirements set forth in this Section 5.

6. GRANT OF LICENSE

As between you and Contest Parties, you will own all intellectual property related to your Submission and shall retain ownership of such intellectual property. By submitting your Submission, you grant the Contest Parties anon-exclusive, worldwide license to use, edit, publicly perform, display, reproduce, transmit, sublicense, and distribute in all media formats thatexist now or in the future the Submission in connection with (1) the Contest and the promotion of the Contest; (2) the promotion of future iterations of the Berlin fashion Film Festival; and (3) the promotion of the Contest

Parties’ Websites (collectively, the “License”). The License shall commence on the date you submit your Submission to the Berlin Commercial and shall continue forever. You may revoke the License at any time by providing BfFF Kulturprojekte gGmbH with written notice to contact@berlinfashionfilmfestival.net, provided, however, that if your Submission is selected under our “Official Selection”, “Shortlist” or “Winners” before you provide such notice, the license shall become non-revocable. The Contest Parties will not use your Submission forcommercial purposes without your permission except as expressly set forth above. All rights not expressly granted by you with respect to your Submission are reserved. By entering your Submission, you represent and warrant that you have the right to grant the licenses set forth in this Section 6.

7. INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE CONTEST PARTIES HARMLESS FROM ANY LOSSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY THIRD PARTY ACTION (A) ASSERTING A BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION IN THESE OFFICIAL RULES; OR (B) ASSERTING THAT YOUR SUBMISSION INFRINGES OR VIOLATES ANY LAW OR ANY THIRD PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT.

8. RELEASES

The Contest Parties may require each Winner to complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release, as well as certain other documentation reasonably requested by The Contest Parties, within two (2) days of first attempted notification. Failure to respond to The Contest Parties in a timely manner or failure to return documents in a timely manner may result in disqualification with an alternate winner selected.

Where permitted by law, each Winner and Honoree agrees to grant to The Contest Parties and those acting pursuant to its direction or control, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, his or her name, portrait, picture, voice, likenessand biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review, or approval.

By accepting any prize or award, each Winner or Honoree agrees that any Affidavit and/or Releases, and any grant of permission to use his or her name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by The Contest Parties electronically, for example, but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which wasexecuted by such person.

Further, by accepting any prize or award, each Winner and Honoree releases and agrees to hold harmless the Contest Parties from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest-related activity, or participation in this Contest.

9. LIMITATIONS OF LIABILITY

The Contest Parties assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Contest Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by The Contest Parties on account of technical problems, human error or traffic congestion on the Internet or the Berlin Commercial Website, or any combination thereof.

The Contest Parties are not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by Berlin Commercial Website users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. The Contest Parties are not responsible for injury or damage to any person’s computer arising from or relating to participation in this Contest or viewing or downloading materials from the Berlin Commercial or the Contest Parties Website.

IN NO EVENT WILL BFFF KULTURPROJEKTE GGMBH OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIRRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE BFFF KULTURPROJEKTE GGMBH WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE BFFF KULTURPROJEKTE GGMBH WEBSITE, INCLUDING THE CONTEST IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. DISPUTES; MANDATORY ARBITRATION

The Contest Parties’ decisions on all matters relating to this Contest are final and binding in all respects. In the event an entrant wins an award for a Submission that was created or submitted by more than one person, The Contest Parties may take any action regarding the award, in its sole discretion, including but not limited to, disqualifying the Submission outright, making the awards to one creator and not any other, making a joint award, or, in the case of a Category Prize or the Grand Prize, depositing the funds into an escrow account for the creators to decide how to resolve their dispute.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and The Contest Parties in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, without regard to principles of conflicts of laws, and all proceedings, including proceedings to enforce this provision, shall take place exclusively in Berlin, Germany.

These Official Rules set forth the entire understanding between you and The Contest Parties regarding the Contest and may not be modified except in a writing signed by an authorized representative of The Contest Parties.