Virgin Media Shorts - the legal stuff

Below, you'll find the terms and conditions of the 2012 Virgin Media Shorts competition (the "Competition").

They'll tell you all the important stuff you need to know, like when you need to submit your entry by, what format it needs to be in and how short it has to be.

Entry procedure

You may enter the Competition by submitting your short film (the "Film") together with a completed entry form. The Film and your entry form are together referred to in these terms and conditions as the "Content". By submitting your Content, you will be deemed to accept these terms and conditions.

Who can enter

Anyone who is over the age of 18 and is a resident of the UK, the Isle of Man and the Channel Islands may enter. For the avoidance of doubt, employees of Virgin Media group companies may enter unless they are directly connected with the running of Virgin Media Shorts. You can submit as many Films as you like, but you'll need to complete a separate entry form for each one. Previous shortlisted and winning film makers may enter. However, films which have appeared on a previous year's Virgin Media Shorts shortlist may not be submitted to the Competition.

Formats

Initial entry: Initial entry: You must submit your initial Film entry online at www.virginmediashorts.co.uk. So it'll need to be in a format suitable to upload (i.e. .mov) but please check the film specification guide before entering.

Shortlist stage: For the second stage of the submissions, if you are selected for the shortlist, you must re-submit your selected Film in its highest quality original format. If we're unable to transfer your visual and sound file to an acceptable technical standard for exhibition in cinemas, your Film will be eliminated from the shortlist.

Opening date

You can upload your Content to the Website from 19 April 2012 unless we let you know otherwise via a message on the Website.

Closing date

All Content must be received by us on the Website no later than 12pm noon (midday) on 12 July 2012. Please take into account the time it might take your Content to be uploaded to the Website - i.e. don't leave it too late!

How long can it be?

Total running time for each Film must be 140 seconds or less, including titles and credits. We have the right to edit the credits of any Film.

Content

Your Film will need to be U/PG rated according to BBFC guidelines. Your Film must also comply with:

1. Ofcom's Broadcasting Code and must, in particular, be suitable for transmission on UK television prior to 9pm; and
2. the CAP (Non-broadcast) Code

Virgin Media reserves the right

1. not to publish or distribute your Content;
2. to remove your Content or any means of access to your Content at its discretion at any time.

Language

Your film must be in English or subtitled in English.

Important

This section (Licence, Warranty and Indemnity) plays a vital part in ensuring that there are no legal obstacles to us showcasing your work. Please make sure you read and understand it. For further explanation and assistance, you should also read the FAQs.

License

In consideration of Virgin Media permitting you to submit your Content and enter the Competition, you grant to Virgin Media, from the date of submission of your entry until 28 June 2017, a non-exclusive, worldwide, royalty-free, sub-licensable right and licence to:

1. use, host, reproduce, edit, publish, distribute, transmit and otherwise make use of the Content or part thereof in any and all media and means of distribution now known or hereafter devised, including but not limited to cinemas, linear television, television video on demand, multimedia distribution systems, the internet and mobile applications;
2. use any trade marks, service marks or trade names (e.g. brand names, logos) incorporated in the Content; and
3. use the name and likeness of any individuals represented in the Content.

In addition, you agree to waive all so-called "moral rights" to the Content. (This is so we can, for example, showcase excerpts of your Film alongside excerpts of other film makers' entries for promotions at a later date).

You undertake to execute, or ensure the execution of, whatever further documents Virgin Media requires from time to time for the purpose of giving Virgin Media the full benefit of this licence if your Film is selected for the shortlist. IMPORTANT: If your Film is selected for the shortlist but you fail to produce the appropriate documentation required by us your Film will be de-selected.

Warranties

You represent, warrant and agree that:

 

1. you are the owner of all the rights in the Content (including but not limited to the Film) and there are no disputes regarding ownership of the Content and you have the full authority to submit the Content;
2. you are entitled to grant to Virgin Media the rights set out in the above licence;
3. no Content (or part thereof) submitted by you will:
   • be defamatory, abusive or offensive;
   • infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right of any third party;
   • constitute a misuse of any confidential information of a third party;
   • advertise, promote or endorse any products or services;
   • adversely affect the reputation of any Virgin Media group company;
   • be false or misleading or omit information that should be disclosed by you or
   • contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software or hardware or telecommunications equipment;
4. any necessary consent, waiver, clearance, licence or approval required for Virgin Media to make use of the Content as set out in the above licence has been obtained and that any fees or payments relating thereto have been paid; and
5. you have not entered into, nor will you enter into, any agreement or arrangement which could conflict with your obligations to Virgin Media under these terms and conditions.

Indemnity

You hereby indemnify Virgin Media against any claims arising out of or in connection with any Content, including but not limited to a claim arising out of or in connection with a breach of any of the warranties set out above.

Publicity

By entering the Competition, you agree to be named in the media and to participate in as many promotional and press activities as possible before, during and after the awards ceremony, especially if you're one of the shortlisted film makers. We're talking about:

1. media interviews
2. photo opportunities

If you're one of the shortlisted film makers, we expect you to attend the Awards ceremony which takes place in November (exact date TBC).

Insurance

Virgin Media cannot take responsibility for any loss or damage to Content or such Content's delivery materials, so you will be sending your delivery materials at your own risk.

Prizes

Prizes are non-transferable, non-negotiable and no cash alternatives will be offered. Virgin Media reserves the right to substitute the prize for another prize of equal value.
 

Grand prize

The Grand Prize for the Main Category is the opportunity to make a short film with funding provided by Virgin Media. In order to receive the Grand Prize and make this film you will need to satisfy the following conditions:

• you (or your team if appropriate) will have to come up with an acceptable script for the film after your selection as the winner. Virgin Media and its partners will give you (non-financial) help and advice while developing this script and will have final say as to whether to "green-light" this script and give you the Grand Prize, and your film must be completed within 18 months of being awarded the Grand Prize;
• the Grand Prize is not a cash prize for you: it comprises funding of £30,000 from Virgin Media (and such other funding partners as Virgin Media may in its sole discretion determine). For the avoidance of doubt, the film's budget must not exceed £30,000.
• you will need to enter into a production financing agreement with Virgin Media and partners (if any) in order to access the funding;
• copyright in the film will be owned by Virgin Media and partners (if any) as they determine between them; and
• Virgin Media and partners (if any) will hold certain non-exclusive distribution rights in the film.

If successful you will need to dedicate a substantial amount of time and possess the highest level of commitment to work with Virgin Media and partners (if any) at a professional level. An assessment will be made as to whether the film can be successfully delivered within the allotted production timescale alongside your time commitments.

People's Choice Award

A People's Choice Award from the 13 shortlisted Films in the Main Category will be chosen. The prize for the People's Choice Award is £5,000 film funding, and BFI mentoring.

The TiVo® Award

A TiVo® Award winner will be chosen from the 13 shortlisted films based on votes from Virgin Media customers via their TiVo® box. The winner of this award will win Virgin Media’s TiVo® service for a year (if they are an existing Virgin Media customer). The TiVo® Award winner must live in a Virgin Media cabled street.  Subject to survey and network capacity.  In limited cases cabling may not extend from the street to individual premises. A survey will confirm this as soon as possible after enquiries being made. TiVo not available with TV size: M – if the TiVo Award winner is a TV size: M customer, Virgin Media will upgrade their TV service to the next TV size free for a year.

The Lucky 13 Spot 

In addition to the 12 shortlisted films, this year we will be offering a 13th spot for the Film that generates the highest number points via social media during 12th July until 19th July. Points will be calculated by measuring the number of likes, comments and shares submitted through YouTube, Facebook and Twitter only. 1 point each will be allocated for each like, comment or share. The Film with the highest number of points will automatically get the 13th spot on the shortlist.  

Decisions

The judges' decisions in all matters are final and no correspondence will be entered into.

Miscellaneous

Virgin Media accepts no responsibility for:

• lost, late or undelivered entries, notifications or communications; or
• any event which may cause the Competition to be disrupted or corrupted. Proof of submission of Content shall not be proof of receipt. Receipt time will be based on time clocked on the Virgin Media Shorts website server.

Virgin Media reserves the right at its sole discretion to:

• disqualify any individual who tampers with the entry process (including but not limited to any unauthorised use of any computer program, script, or any other device intended to automate any aspect of the entry and voting process);
• cancel, terminate, modify or suspend the Competition; or
• amend these terms and conditions where reasonably necessary.

You release and hold harmless Virgin Media from any and all liability and any injuries, loss or damage of any kind arising from or in connection with this Competition to the extent permitted by law.

By entering the Competition, you give Virgin Media permission to contact you from time to time with essential updates about the Competition and, of course, contact you if you've won.

Governing law

These terms and conditions shall be governed by and in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.