Terms & Conditions
Pulse Films and Together Films (the “Project Entities”) are asking people to submit their artwork as well as personal information (optional) to be included on the website of a feature film (the “Film”). The objective is to capture and share the artwork of those with lives that have been affected by stroke and/or aphasia. All copy or photos must be submitted using the online form at http://thepossibilities.co.uk/campaign/gallery
The decision whether or not to include pictures, stories or photographs on the Film’s website is entirely at the discretion of the directors and producers of the Campaign. By submitting your story or photograph, you agree to the terms and conditions set out below (the ‘Submission Terms’).
Further information regarding the Film and submission of stories / photographs can be requested by contacting Pulse Films, 17 Hanbury St, London, E1 6QR, attention Andy Noble.
ELIGIBILITY1. ELIGIBILITY
Please be advised that you will not be eligible to submit stories or photographs to be considered for inclusion on the Film’s website if you are a party who is under any other contractual relationship (including but not limited to guild and/or union memberships) that may prohibit you from participating fully in the Film, or that may prohibit the use by the Project Entities, on a residual-free and royalty-free basis, of your video or photographs worldwide in all media in perpetuity.
PHOTOGRAPH/ ARTWORK2. PHOTOGRAPH/ ARTWORK SUBMISSION REQUIREMENTS
You can submit as many stories / photographs as you like provided they comply with these Submission Terms.When submitting your story / photograph you must also provide us with your details including your name and email address, We may use this information to contact you about your story or photograph, in particular for the purposes of asking you to sign a written release of your rights in and to the website. We will view all stories / photographs received during the Submission Period within four weeks of receiving it.
Stories / photographs, which do not conform to these Submission Terms, will not be eligible for inclusion on the Film’s website.
ENTRY TERMS3. ENTRY TERMS
You represent, warrant, covenant and confirm to us that:
Your story / photograph conforms with these Submission Terms. You are the sole owner of your story / photograph which is wholly original to you. You have the right to agree to these Submission Terms and to grant the rights referred to in these Submission Terms, free from any encumbrances and third party rights. You have not assigned, charged, licensed or otherwise in any way encumbered any rights, title, and interest in and to your story would prevent you from licensing your story to us in accordance with these Submission Terms.
Your story / photograph does not contain pornographic or sexually explicit content and does not contain any hateful, obscene, offensive, or blasphemous content of any kind or any content which promotes violence or harm to any living creature. Your story / photograph does not contain any defamatory material or any material which is disparaging or derogatory of any person or which could adversely affect the name, reputation or goodwill of any person. Your story / photograph does not violate any local, state, national or international law or encourage violations of such laws, including privacy. If you breach any of your representations or obligations in these Submission Terms you will be disqualified from consideration for the Film’s website.
SELECTION OF STORIES / PHOTO4. SELECTION OF STORIES / PHOTOGRAPH
All eligible stories / photographs received during the Submission period will be received by the film team and outreach team and stories / photographs will be assessed for possible inclusion at our sole discretion on the film’s website. If your story / photograph is chosen for selection we will contact you by the email address supplied when you submitted your material. If your story / photograph is provisionally selected for possible inclusion on the Film’s website, this does not represent a final decision to include it, even if you provide all the material requested by us. The Project Entities reserve the right to disqualify your story / photograph at any time, at their sole decision, on the basis of anything learned or obtained as a result of any additional documentation required by us, that constitutes a breach of these Submission Terms. Our decision is final, including as to any application and/or interpretation of these Submission Terms.
YOUR LICENSE5. YOUR LICENSE TO US
By submitting your Stories / photographs to us via The Possibilities are Endless website you irrevocably grant to the Project Entities, jointly and severally, an irrevocable unconditional worldwide perpetual, non-exclusive, royalty free license (where relevant, by way of present license of present and future copyright) to: exhibit, transmit, Download, use, distribute, copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your video / photograph (including without limitation the right to extract picture only content from your video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicizing, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, in all media now known or hereafter devised, and to include your video or photograph (or any such altered or edited version of your video or photograph) in the Film whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as we determine in our sole discretion;
We have permission to advertise, promote, publicise, broadcast, exhibit, distribute and exploit the Film (and any clips from the Film) incorporating your video / photograph, or any such altered or edited version of your video / photograph, throughout the world in perpetuity in all media and by any and all means now known or devised in future;
We will not be under any obligation to return to you any physical materials and copies of materials relating to your video / photograph delivered by you to us and we shall have no liability to store or retain the same and shall have no liability whatsoever to you arising from the destruction or loss of the same by us or any third party.
In these Submission Terms the expression ‘Film’ also includes any trailers, teasers, advertising or promotional material, DVD ‘extras’, bonus materials, electronic press kits, making-of film, soundtrack album, documentary or other production based on, or relating to such Film, or any other material connected with advertising, promoting or exploiting such Film (together "Derivative Film Material").
CREDIT FOR VIDEO6. CREDIT FOR YOUR VIDEO / PHOTOGRAPH
If your story or photograph (or any part of it) is included on the film’s website (but not otherwise), you will receive a credit using the full name or twitter name given by you when you submit your copy or photograph. The form content, size, position and placement of such credit will be determined by us in our sole discretion as makers of the Film.
WAIVER CLAIMS/MORAL RIGHTS7. WAIVER OF CLAIMS / MORAL RIGHTS
ou warrant that neither you nor any other person will make any objection in the future to your story / photograph (or any part thereof) being included on the film’s website and/or the derivative film material and irrevocably waive and release us from all and any liability of whatsoever nature following from or arising as a result of the inclusion of your story (or any part thereof) on the Film’s website and/or any derivative film material including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights. You hereby waive the benefits of any and all provisions of law known as “moral rights” and grant us all necessary consents in respect of any applicable moral rights to as to enable us to make the fullest use of the stories / photographs.
NO OBLIGATION8. NO OBLIGATION
We shall be under no obligation to include your story / photograph on the website. We will not enter into any correspondence in relation to the selection of the content included on the Film’s website.
BREACH SUBMISSION TERMS9. BREACH OF SUBMISSION TERMS AND LIABILITY
In the event of any breach by us of these Submission Terms, your sole remedy shall be for damages (if any) actually suffered by you and you shall not in any circumstances be entitled to rescind your agreement to these Submission Terms or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film or any derivative film material.
Assignment or sub-license10. ASSIGNMENT OR SUB-LICENSE
We shall be entitled to assign, license, charge or deal in any other manner with these Submission Terms or our rights and benefits under these Submission Terms (in whole or part) to any third party. You shall not be entitled to assign, license, charge or deal in any other manner with these Submission Terms or your rights and benefits under these Submission Terms to any third party without our prior written consent.
SEVERABILITY11. SEVERABILITY
If any provision of these Submission Terms is invalid, void or unenforceable for any reason, such provisions shall in no way affect any other provision of these Submission Terms, which will remain in full force and effect.
