In these Rules, those person(s) who are eligible to participate in the CineCoup Film Accelerator are called "Team Members" (each, eligible participant is called a "Team Member").
(i) Each Team Member must be a Canadian citizen or Permanent Resident of Canada.
(ii) Each Team Member must have reached the age of majority in his/her province or territory of residence.
(iii) Each Team Member must reside in Canada. If a Team Member does not reside in Canada, they must pay Canadian Income Tax and maintain a permanent residence in Canada.
(iv) Team Members can belong to no more than one (1) Team (as defined below).
(v) The following individuals are not eligible to participate in CineCoup as Team Members:
During the Application Period, Teams must complete the following information and materials (collectively, the "Application"):
(i) Administration Fees
Each Team is subject to an Administration Fee to CineCoup, in Canadian funds, via the Website’s integrated PayPal payment system. CineCoup will use the administration fee to create, manage and host a microsite with a dedicated URL on the CineCoup Website for each registered Project.
Fees and registration windows are as follows:
● Early Bird Fee: $60.00 (CDN) per Team if you register your project between 09:00:00 p.m. ET on Monday, February 9, 2015 and 8:59:59 p.m. ET on Sunday, March 1, 2015.
● Standard Admission: $120.00 (CDN) per Team if you register your project between 09:00:00 p.m. ET on Sunday, March 1, 2015 and 8:59:59 p.m. ET on Sunday, March 8, 2015.
To take advantage of the Early Bird Fee, Teams are only required to initiate the registration process. Total completion of the registration process (inclusive of completed bios, social accounts, and project trailer) is not required to qualify for the Early Bird Fee.
Both the Early Bird and Standard Fee are non-refundable regardless of whether teams have completed their registration. Under such circumstances deemed extenuating by CineCoup, a Team can request a refund by contacting CineCoup directly via email at email@example.com. CineCoup will consider such requests on a case per case basis, minus PayPal processing fees.
At the time of payment, the applicant must register a Project Title and create a CineCoup user account with a personal email login at the Website. The Team can edit their Project Title at any time during the Application Period.
(iii) Team Registration
After payment and Project registration, the applicant must invite two Team Members to join the Project. Each Team Member must,
1. create a CineCoup user account using a personal email login at the Website;
2. indicate their role on the Project by selecting two roles from the list provided on the Website;
3. submit a short written bio about themselves;
4. submit an image (“avatar”) to represent themselves on the Website.
Optionally, each Team Member will be able to publish links to their personal Social Media accounts (Twitter, Facebook, etc.)
(iv) Project Overview
After payment and Project registration, each Team must create and submit a Project overview that includes an image, tagline, logline, synopsis and a URL that will represent the Project on the Website.
(v) Project Social Accounts
After payment and Project registration, each Team must create a unique Facebook page and unique Twitter account to represent the Project on those respective social networks. The Team must connect their Project Facebook and Twitter accounts to the Website by providing links. If the Project already has a pre-existing Facebook page or Twitter account, Teams may alternatively connect to those accounts. Optionally, each will also be able to connect other social network accounts that represent the Project.
(vi) Project Trailer
After payment and Project registration, each Team must create and submit a video trailer (the “Trailer”) for the Project that will represent the Team’s concept for a feature film on the Website. CineCoup does not require the Trailer to feature the final cast, locations or script. Trailers may have a maximum running time of 60-seconds and must be shot in HD quality with a minimum 1280x720p resolution.
Filmmaker Missions (“Missions”) are weekly assignments designed to develop and package the Project. Each Mission contains minimum content requirements and optional content requirements that will be published weekly on the Website in accordance with a set weekly schedule. Teams will have a minimum of six (6) days to complete each Mission and submit such Mission content to the Website before the set Mission deadline. CineCoup will publish the Mission content to the Project’s unique URL on the Website in accordance with the weekly schedule.
To remain eligible for advancement, Teams must submit minimum content requirements to each weekly Mission. If a Team fails to submit a Mission, there is no penalty. Without a week’s mission content, Teams will be unable to participate effectively in the social media component, thereby affecting their Performance Indicators (defined below).
The Team’s Performance Indicators on Missions will contribute to its advancement (as described below under Advancement to Top 60, Top 30 and Top 15.
(ii) Marketing and Social Promotion
Teams are expected to promote their Project and weekly Mission content via their Facebook page and Twitter account. The Team’s Performance Indicators on social media will contribute to its advancement (as described below under Advancement to Top 60, Top 30 and Top 15).
Teams will also have the opportunity to submit other relevant content that demonstrates their marketing efforts such as event collateral, voting campaigns, media coverage and blog posts. The content will be aggregated on each Project’s “Press” page and will be considered in the evaluation of the Top Projects.
(iii) Social VotingThere will be three (3) scheduled social "Voting Windows" (each a “Voting Window”, collectively, the “Voting Windows”) are when registered CineCoup users (“Fans”) can login to the Website and cast votes to help Projects advance.
● Voting Window 1: week of April 6 - April 10, 201
● Voting Window 2: week of April 20 - April 24, 2015
● Voting Window 3: week of May 4 - May 8, 2015
(iv) Chain of Title for Top 30 Eligibility
Each Project must be an original idea owned in its entirety by one of the Team’s three official members as designated by the Team members registered on the CineCoup Website and cannot be in any way encumbered by any pre-existing legal agreement.
Furthermore, each Team must be prepared to provide Chain of Title documents (e.g. legal agreements showing that Team owns and controls all rights in and to their Project) upon request by CineCoup.
Legal due diligence will be performed on the Chain of Title for each Top 30 Project to ensure that the Application, the Project and all elements therein are fully cleared for exploitation as contemplated in the Option Agreement. CineCoup reserves the right, in its sole discretion, to disqualify any Team if there are any deficiencies in their Application or in any submitted Chain of Title documents.
(v) Script Submission for Top 15 Eligibility
To be eligible for advancement into the Top 30, teams will be required to submit a (minimum) 90 minute, feature length script for evaluation by CineCoup by 8:59:59 p.m. ET on Sunday, May 3, 2015 (date subject to change). Scripts must be formatted to industry acceptable standards.
(vi) Legal Representation and Negotiation of Option Agreement
All Top 15 Teams will be presented with an Option Agreement and a list of entertainment lawyers to assist in the negotiation of the Option Agreement. Each Team will be allotted one vote to cast in the selection of an entertainment lawyer from the list. The entertainment lawyer who receives the majority of the votes cast by the Top 15 Teams, will be designated as the entertainment lawyer for all Top 15 and will negotiate the Option Agreement with CineCoup on behalf of all Top 15.
CineCoup will option a minimum of five (5) and a maximum of (10) Projects in accordance with the terms of the Option Agreement that will have been negotiated by the lawyer for the Top 15 Teams.
(vii) Finalist Event
The Final 5 Teams, as selected by CineCoup, must be available to travel to The Big Deal, at the expense of CineCoup, between Friday, June 5 and Sunday, June 14, 2015 where they will present their Projects to a panel of experts in front of a live studio audience.
The dates and location of The Big Deal event will be published with the announcement of the Final 5 Projects.
(iii) Wildcard Advancement
CineCoup reserves the right to consider any Project for “Wildcard” advancement, regardless of its Performance Indicators and Voting results. In particular, the following Wildcard advancements are available in CineCoup’s absolute and sole discretion:
The Team that is selected as the Top Project will be eligible to receive [up to] one million Canadian dollars ($1,000,000 CDN) in production financing and their film released through Cineplex Entertainment LP, Event Cinema. Financing will consist of private equity and provincial tax credits in the jurisdiction where the film is to be produced. A portion of the financing may come in the form of in-kind services from CineCoup industry partners.
CineCoup will produce the Top Project, overseeing all areas of budgeting, scheduling, financing, bonding, insuring and delivering the completed Feature Film in a professional manner.
The selection by CineCoup of the Top Project shall be final and binding and is not subject to any challenge or appeal. The method of eliminating Teams from The CineCoup Film Accelerator are established by CineCoup , as set forth in these Terms & Conditions (as such may be changed, modified or amended from time to time in CineCoup’s sole discretion with or without prior notice). Each Team Member understands that his/her failure or refusal to comply with the Terms & Conditions (as they may be changed, modified or amended by CineCoup in its sole discretion from time to time without prior notice) in any respect or to any degree may result in such Team Member’s and his/her Team and their Project’s immediate elimination from CineCoup and/or the forfeiture of eligibility for any financing.
By submitting an Application, each Team Member hereby acknowledges and agrees that:
(a) In consideration of entering an Application in the CineCoup Film Accelerator, Team Members, on behalf of themselves, their heirs, executors, administrators and assigns, hereby grant to CineCoup an irrevocable, non-exclusive, sub-licensable, perpetual, royalty-free, worldwide license and right to broadcast, publicly display, exhibit, edit, modify and/or otherwise use the Application and Project and all results and proceeds of each Team Members’ participation in the CineCoup Film Accelerator (collectively, the “Materials”) and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised. Notwithstanding the foregoing, CineCoup will have the exclusive right to make and/or use unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the foregoing, CineCoup will have the right to use the Materials, and any portion thereof, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose in relation to the CineCoup Film Accelerator or otherwise. Team Members also irrevocably grant to CineCoup, where not prohibited by law, an irrevocable, perpetual, worldwide, royalty-free, license to use Team Member’s name, voice, likeness and biographical material, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose related to the Application and/or CineCoup Film Accelerator or in any other way CineCoup deems appropriate. Team Members hereby waive the exercise of any “moral rights”, including without limitation, the rights of integrity, attribution and association, to which a Member is now or may later become entitled in any part of the world in connection with the Materials and CineCoup’s use of the Likeness, including without limitation any and all personality and privacy rights, to enable the CineCoup to make fullest use of the Materials and my Likeness as contemplated in this release and in the Rules and the Option Agreement.
(b) Team Members will not be paid any money for giving CineCoup the rights granted in the Rules, or for participating in the CineCoup Film Accelerator, the sole consideration for which being the CineCoup’s consideration of their Projects as a possible Top Project, which they acknowledge is good, valuable and sufficient.
(c) Team Members have no right of approval or consultation with respect to CineCoup’s use of the Materials. CineCoup will not be responsible for the return or preservation of any Materials. CineCoup shall use its sole and absolute discretion in determining the extent and manner of the use of the Materials, and CineCoup is not obligated in any way to use or exploit the same or any rights granted by Team Member, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. Each Team Member further agrees that the Materials are not being submitted to CineCoup in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Any waiver of any right hereunder by CineCoup does not constitute a general waiver of any obligation of Team Members.
All Applications may be reviewed for compliance with these Rules; however, such review does not relieve Team Members from responsibility for compliance with these Rules. Teams and Applications that do not comply with these Rules or that otherwise contain prohibited or inappropriate content as determined by CineCoup, in its sole and absolute discretion, may be disqualified at any time. CineCoup (and/or its designated agent(s)), in its sole and absolute discretion, makes the final determination as to which Teams and Applications are accepted and are eligible to participate in the CineCoup Film Accelerator.
From time to time during the CineCoup Film Accelerator Application Period, CineCoup may, in its sole and absolute discretion, choose to feature certain Teams and Materials on the Website and/or in advertising materials. You acknowledge that being featured on the Website and/or in advertising materials in no way impacts the likelihood of success of the Teams being selected as the Top Project nor does the inclusion of any Materials on the Website and/or in advertising materials indicate that CineCoup considers any Application or Project to be a good example of a viable Project, nor does it indicate CineCoup’s preference for/endorsement of any Project and/or the subject matter of any Project.
As conditions of participation in this CineCoup Film Accelerator and by submitting an Application, each Team (including each Team Member of the Team on a joint and several basis) represents and warrants to CineCoup that:
(a) its Materials (including the Application and Project) including but not limited to, underlying designs, ideas, concepts, stories, characters, scripts and other written and visual materials, are wholly original and are owned and controlled solely by the Team, who shall have sole liability for all third party claims relating to or regarding the content of their Application and Project;
(b) its Materials (including the Application and Project) have been legally obtained and/or created do not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws or regulations standards;
(c) the Team has not granted or transferred any rights in or to the Project or Application to any third party prior to the date of submission;
(d) the Team has not done anything which has impaired and will not do anything to impair the rights granted to CineCoup in these Rules or in the Option Agreement (if applicable) in any way;
(e) the Team has secured written permission from all individuals depicted in their Materials and that such permission is extended to CineCoup for CineCoup’s use as set forth herein and in the Option Agreement and in any manner it deems appropriate;
(f) the Materials conform to all of the Application requirements and Rules set out herein; and
(g) the Team will be available to participate in the CineCoup Accelerator as when and where required in accordance with the Rules.
By submitting an Application to CineCoup, each Team agrees to jointly and severally indemnify and hold harmless CineCoup and each of their designated agents, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees and all persons and entities in connection with the CineCoup Film Accelerator (“Released Parties”) from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees and costs) which arise in connection with the Materials or out of any breach of these Rules.
By submitting an Application, each Team Member agrees that:
(a) any and all disputes, claims and causes of action arising out of or connected with their Materials, and/or the CineCoup Film Accelerator will be resolved individually, without resort to any form of class action;
(b) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will legal fees be awarded or recoverable;
(c) under no circumstances will any Team Member be permitted to obtain any award for, and Team Member knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
(d) the Team Member irrevocably waives any right to seek injunctive or equitable relief; and
(e) the Team Member releases and holds harmless Released Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of CineCoup infringes on the rights of the Team Member as contained in any Materials or otherwise.
(a) All Team Members and Voters must be registered on the Website. The names of the Team Members submitting the Application and Project must be the name of the Team Members who registered on the Website with such email address, and the authorized account holder of such email address, otherwise the entry may be deemed void. In the event of dispute over the identity of a Team Member, an Application and Project will be declared made by the authorized registered user of the email address through which the Application was entered and the Team Member may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the Team Member to notify CineCoup in writing if the Team Member changes his or her e-mail or postal address during the CineCoup Film Accelerator Registration Period.
(b) CineCoup has the right at any time to require additional proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification. All personal details and information requested by and supplied to CineCoup by each Team Member must be truthful, accurate and in no way misleading. CineCoup reserves the right to disqualify any Team Member or Team from the CineCoup Film Accelerator in its sole discretion should any Team Member at any stage supply untruthful, inaccurate or misleading personal details and/or information or should any Team Member cease to be ineligible to continue as a Team Member.
(c) If for any reason the CineCoup Film Accelerator is not capable of being administered as planned, including without limitation, lack of sufficient number of Applications/Projects and/or Voters to support the continuing of the CineCoup Film Accelerator, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the CineCoup Film Accelerator, or for any reason CineCoup deems, in its sole and absolute discretion, that the CineCoup Film Accelerator is not meeting the expected goals, CineCoup reserves the right, in its sole and absolute discretion to change the Official Rules and Regulations, the structure, process, timing, schedule, or any other aspect of the CineCoup Film Accelerator, at any time, including the cancellation, modification or termination the CineCoup Film Accelerator, for any reason, without further notice.
(d) If CineCoup determines, in its sole and absolute discretion, that any Team Member or Voter has not complied with these Rules in any way, for example (i) by use of proxy voting, (ii) by registering more than one (1) time on the Website and/or using multiple e-mail or dummy e-mail addresses, or (iii) by other fraudulent means in an attempt to cast more than the eligible allotted and earned Votes, then CineCoup reserves the right to cancel that Voter’s or Member’s account, disqualify all their Votes, disqualify any Application that they have submitted and disallow any further participation by such individual in the CineCoup Film Accelerator.
(e) CineCoup reserves the right, at its sole and absolute discretion, to disqualify any Team Member and/or Team and any or all of their Application(s) and/or Votes deemed to be (a) tampering or attempting to tamper with the entry or voting process or the operation of the CineCoup Film Accelerator or any CineCoup website; (b) violating the Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines provided by CineCoup; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by a Team Member or any other individual to deliberately damage any website associated with the CineCoup Film Accelerator or to undermine the legitimate operation of the CineCoup Film Accelerator may be a violation of criminal and/or civil laws. Should any such attempt be made, CineCoup reserves the right to seek remedies and damages to the fullest extent permitted by law.
(f) CineCoup reserves the right, in its sole and absolute discretion, to require Team Member to submit to a confidential background check to confirm eligibility and help ensure that the participation of any such person in the CineCoup Film Accelerator will not bring CineCoup into public disrepute, contempt, scandal or ridicule or reflect unfavourably on CineCoup, its agents or the CineCoup Film Accelerator as determined by CineCoup in its sole and absolute discretion.
(g) By submitting an Application, each Team Member agrees to waive the right to challenge the results of any voting or any decision by CineCoup or its agents.
(h) These Rules and compliance with these Rules will be binding on Team Members, Voters, and all other participants in the CineCoup Film Accelerator and their heirs, administrators, executor, successors and assigns.
(i) Team Members are solely responsible for reviewing these Rules with their legal and tax advisors to determine their potential tax liability, if any, in connection with receiving the financing as part of this CineCoup Film Accelerator. Team Members shall be solely responsible for paying all local, provincial and federal and all other tax obligations arising from any financing. Team Members hereby release the Released Parties of any and all liability in connection with any such taxes. CineCoup may deduct, withhold or require payment of any such taxes before delivery of the financing at its sole discretion.
(j) The construction, validity, interpretation and enforceability of the Rules and this CineCoup Film Accelerator will be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any choice of law or conflict of law rules, and that parties agree to submit exclusively to the jurisdiction of the Courts of Ontario that are located in Toronto Ontario. Notwithstanding the foregoing, Team Member acknowledges that CineCoup may nonetheless: (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Rules; and/or (2) bring an action in court to protect or interpret any of CineCoup’s intellectual property rights.
(k) Team Members are not entitled to assign their rights or obligations under these Rules at any time. CineCoup has the unlimited right to assign its rights and obligations under these Rules at any time, in whole or in part, to any party.
(l) Team Members will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by CineCoup to further evidence or effectuate CineCoup’s rights as set forth in these Rules, and Team Members appoint CineCoup as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Team Member fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).
(m) In the event of any dispute concerning the operation of any element of the CineCoup Film Accelerator or these Rules, the decision of CineCoup will be final. CineCoup’s decisions in relation to the CineCoup Film Accelerator will be final and binding without the right of appeal.
(n) These Rules are additional to and do not supersede the Option Agreement signed by the Team Members and in the event of any conflict between the Option Agreement and these Rules, the Option Agreement will prevail.
(o) By entering an Application for participation in the CineCoup Film Accelerator and by voluntarily providing personal information (including, but not limited to, email address, first name, last name, and contact phone number) (collectively the "Team Member Information") Team Members consent and agree to: (i) CineCoup’s collection and use of the Team Member Information and the Application, for the purpose of selecting the participants in the CineCoup Film Accelerator and otherwise as may be necessary to conduct and administer the CineCoup Film Accelerator; (ii) CineCoup’s right to use Team Member’s likeness, name, and biography (collectively, "Likeness"), in connection with all promotional activities related to the CineCoup Film Accelerator and the Project in all media and formats without restriction (including, but not by way of limitation, on websites or other online media and in advertising, publicity and exploitation in connection with the CineCoup Film Accelerator and the Project); (iii) the Materials (including the Application) are not subject to any obligation of confidentiality; (iv) CineCoup and the Released Parties shall not be liable for any use or disclosure of the Materials (including the Application) as contemplated in these Rules; and (v) CineCoup and the Released Parties are released from any and all liability arising out of the collection, use and disclosure of the Team Member Information in the ways stated in these Rules.
(p) The CineCoup Film Accelerator is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws.
(q) CineCoup is not responsible for lost, late, incomplete or misdirected Applications for any failure of the Website (or any Team Member’s inability to access the Website at any time), or computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or on-line entry or Application or Materials to be received by CineCoup on account of technical problems or traffic congestion on the Internet or the Website, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions or any combination thereof that may affect an individual’s ability to participate in the CineCoup Film Accelerator, or for any injury or damage to any person or to an Team Member’s or any other person’s computer or property related to or resulting from using, downloading or sending any Materials in connection with the CineCoup Film Accelerator or in connection with Team Members’ participation in the CineCoup Film Accelerator, or for late, lost, stolen, incomplete or misdirected submissions or CineCoup’s use of the Materials and Team Members’ Likeness, including without limitation, as a result of invasion of privacy, libel, defamation or infringement of copyright. CineCoup reserves the right, in its sole discretion and without notice, to cancel, suspend or modify the CineCoup Film Accelerator, in whole or in part, for any reason including a virus or bug related to the Website or any other cause of any nature beyond the reasonable control of CineCoup which corrupts or could corrupt or interfere with the security or proper administration of the CineCoup Film Accelerator, or for any other reason.
(r) Any attempt to deliberately damage the Website or to undermine the legitimate operation of the CineCoup Film Accelerator will render any Application submitted by an individual participating in such activity void and may be a violation of criminal and/or civil laws. Should such an attempt be made, CineCoup reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
(s) CineCoup is not responsible for any errors, omissions, incorrect or inaccurate information the Rules, other CineCoup Film Accelerator-related information.
(t) Any provision of these Rules that is invalid, illegal or unenforceable will be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in anyway the remaining provisions hereof.
(u) Team Members understand and agree that no failure or delay of CineCoup in exercising its right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
(v) Team Members may request a copy of these Rules by writing to: firstname.lastname@example.org