VIRGIN MEDIA COMPETITIONS AND FREE PRIZE DRAWS ("COMPETITIONS") TERMS AND CONDITIONS ("TERMS")

Below, you'll find the terms and conditions of the 2008 Virgin Media Shorts competition (the "Competition"). They'll tell you all the important stuff like when you need to submit your entry by, what format it needs to be in and who owns what along the way.

Entry procedure
You may enter 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 UK resident can enter. For the avoidance of doubt, employees of Virgin Media group companies can 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.
Formats:
You must submit your initial Film entry online at www.virginmediashorts.co.uk (the "Website"). So it'll need to be in a format suitable to upload (i.e. .mov).

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 (e.g. master tape). If we're unable to transfer your visual and sound file to a 35mm print at an acceptable technical standard, your Film will be eliminated from the shortlist.
Opening Date:
You can upload your Content to the Website from 1 May 2008 unless we let you know otherwise via a message on the Website.
Closing Date:
All Content must be received online by 30 June 2008 at 24:00 hrs. Any alterations to Content or withdrawals from the Competition must reach us (at shorts@virginmedia.co.uk) by 30 June 2008.
How long can it be
Total running time for each Film must be up to 150 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 (see http://www.bbfc.co.uk/policy/policy-thecategories.php). Your Film must also comply with:

(a) Ofcom's Broadcasting Code (see http://www.ofcom.org.uk/tv/ifi/codes/bcode/) and must, in particular, be suitable for transmission on UK television prior to 9pm; and

(b) the CAP (Non-broadcast) Code (see http://www.cap.org.uk/cap/codes/cap_code/).

Virgin Media reserves the right: (a) not to publish or distribute your Content; (b) 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.

Licence:
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 30 June 2014, a non-exclusive, worldwide, royalty-free, sub-licensable right and licence to:

(a) use, host, reproduce, edit, publish, distribute, transmit and otherwise make use of the Content or part thereof in any and all media now known or hereafter devised, including but not limited to cinemas, linear television, television video on demand, multimedia distribution systems, the internet, internet TV, and mobile/handheld devices;

(b) use any trade marks, service marks or trade names (e.g. brand names, logos) incorporated in the Content; and

(c) 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 filmmakers' 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.
Warranties:
You represent, warrant and agree that:

(a) you are entitled to grant to Virgin Media the rights set out in the above licence;

(b) no Content (or part thereof) submitted by you will: (i) be defamatory, abusive or offensive; (ii) infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right of any third party; (iii) constitute a misuse of any confidential information of a third party; (iv) advertise, promote or endorse any products or services; (v) adversely affect the reputation of any Virgin Media group company; (vi) be false or misleading or omit information that should be disclosed by you or (vii) 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;

(c) 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

(d) 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 12 shortlisted film makers. We're talking about:

- media interviews
- photo opportunities

If you're one of the 12 shortlisted film-makers, we expect you to attend the awards ceremony too.
Insurance:
Neither Virgin Media nor the UK Film Council ("UKFC") takes 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.
Grand Prize:
The Grand Prize is the opportunity to make a short film with funding provided by Virgin Media and UKFC. 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 UKFC will give you (non-financial) help and advice while developing this script, but UKFC and Virgin Media 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 £15,000 from Virgin Media, which may be matched by up to £15,000 from UKFC's film production fund for the cost of the film. For the avoidance of doubt, the film's budget must not exceed £30,000. Check out the FAQs for more details on Grand Prize fulfilment;
- you will need to enter into a production financing agreement with Virgin Media and the UK Film Council in order to access the funding;
- copyright in the film will be owned by Virgin Media and the UK Film Council as they determine between them;
- Virgin Media and the UK Film Council will hold certain non-exclusive distribution rights in the film; and
- if selected, the film will be made according to the UK Film Council's usual conditions for short film funding.

If successful you will need to dedicate a substantial amount of time and possess the highest level of commitment to work with UKFC and Virgin Media at a professional level. The UK Film Council will make an assessment as to whether the film can be successfully delivered within the allotted production timescale alongside your time commitments.
People's Choice:
A People's Choice award from the 12 shortlisted Films will be chosen. The prize for the People's Choice award will be confirmed closer to the award ceremony.

The Grand Prize and the People's Choice Prize are not transferable.
Decisions:
The judges' decisions in all matters are final and no correspondence will be entered into.
Miscellaneous:
Virgin Media accepts no responsibility for: (a) lost, late or undelivered entries, notifications or communications; or (b) any event which may cause the Competition to be disrupted or corrupted. Proof of submission of Content shall not be proof of receipt.

Virgin Media reserves the right at its sole discretion to: (a) 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); (b) cancel, terminate, modify or suspend the Competition; or (c) 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.
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.