The 2018 Keep It Colorful Crowdfunding Rally Competition Official Rules

To enter the Rally and become a “Contestant”, each entrant must abide by the following rules and agrees to be bound by same:

  • The entrant must have a series or episodic motion picture project.
  • The entrant must gather a minimum of 500 followers on the Site to qualify as a finalist.
  • Entrant must post a minimum of 1 updates per week for their followers throughout the duration of the contest. At least 1 of the total updates must be video content.

Each entrant must be willing and able to agree to these Rally Official Rules at time of entry and throughout the Rally, with the understanding that the Rally finalists may be required to sign contracts containing the Rally Official Rules (and other terms that Rally organizers deem reasonable and necessary relating to the disbursement of prizes and prize money)); failure to so agree will result in any entrant (including any finalist) being disqualified from the Rally.

The Rally winner(s) will be chosen from among the finalists, and will be eligible to receive: (i) $15,000 in investment from Black&SexyTV (ii) a first-look distribution deal from Black&SexyTV; (iii) the film associated with the eligible crowdfunding campaign executive produced by Black&SexyTV and/or Color Farm Media (Erika Alexander and Ben Arnon) (with all such awards to be subject to customary terms and conditions via certain written agreements as required by Rally organizers, which agreements will be provided to the finalists prior to a winner being selected); (iv) support from Color Farm Media to develop the project into a feature film or television project, including mentorship provided by Erika Alexander to the winning filmmaker(s)

The Rally winner(s) must have the right to enter into agreements on behalf of their projects and agree that (i) Black&SexyTV and Color Farm Media will be able to act as a promotional partner and a separate agreement may be entered into in between the Rally winner and Black&SexyTV and Color Farm Media with all terms and conditions in order to receive funds; (ii) Black&SexyTV and/or Color Farm Media will receive an executive producer credit (which may be animated) on screen, on a separate card, the size, placement and duration of such credit to be no less favorable than any other production company credit and; (iii) Seed&Spark will receive a company credit (which may be animated), on screen, on a separate card, substantially in the form of "In association with Seed&Spark”, the size, placement and duration of such credit can be at the filmmakers discretion. If an entrant has a fiscal sponsor attached or associated with such entrant’s project, it is the sole responsibility of the entrant to ensure that winning the Rally would not negatively affect such fiscal sponsorship or sponsor, and the entrant must provide proof of same to the Rally organizers upon becoming a finalist.

The Rally winner must comply with certain terms and conditions of additional grand and local prizes, as determined by the contributing sponsor. This may include providing proof of appropriate insurance, adding additional company logos in the end credits, and other terms and conditions deemed appropriate by the contributing sponsors. Failure to comply with these additional terms and conditions may result in forfeiture of some or all prizes. Seed&Spark may share basic contact information (name, email) with grand prize sponsors.

As a condition precedent to becoming a Contestant, each entrant hereby agrees that with respect to the Rally and such entrant’s Rally submission only, Seed&Spark’s Terms of Service Section XI shall be amended so that all rights granted and representations/warranties made to “Seed&Spark” or “Company” shall extend to Color Farm Media, Black&SexyTV and their parent companies, affiliates, subsidiaries, officers, directors, employees, advertising and promotion partners and agencies.

Failure by any entrant to comply with the above shall result in disqualification from the Rally, with no further obligation or liability on the Rally organizers whatsoever.

Eligibility: The Rally is open to individuals who are at least 18 years of age or the age of majority in their jurisdiction (e.g. state, country, etc.) at the time they submit their entry form and must not be under any legal or contractual obligation that would prohibit its participation in this Rally as described in these Official Rules. If participating in this Rally would result in a violation by Contestant of any law applicable to it or any agreement to which it is a party, such Contestant is ineligible. Participation in this Rally constitutes Contestant's full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of an organization must be authorized to legally bind that organization. Employees, officers, directors, agents and representatives of Sponsor, any of their licensees, assigns, parents, or affiliated or subsidiary companies, or any other person or entity involved in the design, coordination, promotion, marketing, administration or fulfillment the Rally, and any of their family members (i.e. father, mother, son, daughter, grandparent, grandchild, aunt, uncle, niece, nephew, or member of the same household (whether or not related) of any such persons) are not eligible to enter or win the Rally.

Non-infringing: Contestant’s content must not infringe, misappropriate, or violate any rights of any third party, including without limitation, patent, copyright (including moral rights), trademark, trade secret or rights of privacy or publicity.

Complying with all applicable laws and any applicable agreements: Contestant content must not in any way violate any federal, national, state, provincial, territorial, or local laws, rules or regulations of any applicable jurisdiction(s). Contestant agrees that his, her, or its participation in the Rally and agreement to these Terms and any content reproduction, display, and use of the Contestant’s content in accordance with these Terms will not violate any agreement to which Contestant is a signatory or party or any law applicable to Contestant

Publicity Rights Granted: By participating in the Rally, Contestant understands and agrees that to the extent allowed by law and in consideration for the opportunity to participate, you grant the Released Parties (as defined below) a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, irrevocable and transferable license to use or reuse your name, likeness, photo, voice, opinions, biographical material, and any other information related to the Rally, including any material recorded at or in connection with the Rally, screenshots, videos or any portion of Contestant project or related materials submitted by Contestant related including, in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, payment or compensation to Contestant or any third party; Sponsor may, in its sole discretion, modify, edit, add to, delete from, rearrange, encode, store, copy, transmit, publish, post, broadcast, display, adapt, distribute, license, duplicate, use, and otherwise exploit such materials in any manner or forum whether now known or hereafter created.

Release and Indemnity: As a condition of participating in the Rally, you release and agree to indemnify Seed&Spark, Color Farm Media and Black&SexyTV and their respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees and agents (collectively, the “Released Parties”) from all liability, claims or actions of any kind arising or alleged to arise from losses, damages or injuries to persons or property in connection with this Rally including without limitation, claims based on publicity rights, patent, copyright or trademark infringement, defamation or invasion of privacy. Each Contestant hereby acknowledges and agrees that the relationship between the you and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Contestant's decision to submit his/her/its project for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the project. Each Contestant understands and acknowledges that the Released Parties Entities have wide access to ideas and other creative materials. Each Contestant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material that has or may come to such Released Party from other sources. Each Contestant acknowledges and agrees that no Released Party has now or will have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Contestant copyright or other proprietary rights in and to his/her/its project. Each Entrant acknowledges that, with respect to any claim by Contestant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any project or part thereof, the damage, if any, thereby caused to the applicable Contestant will not be irreparable or otherwise sufficient to entitle such Contestant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Contestant's property, and Contestant's rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

General Conditions: Potential winning Contestants are subject to verification. Sponsor's decisions are final and binding in all matters related to the Rally. Potential winners must comply with these Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor reserve the right in its sole discretion to disqualify from the Rally any Contestant whose application (as determined in its sole discretion) refers, depicts, or in any way reflects negatively upon a Rally or any other person or entity or does not comply with the Official Rules. As a condition of entering the Contest, without limiting any other provision in these Terms, each Contestant gives consent for Sponsor and its agents to contact any Contestant by phone, text message, email, mail, or courier for purposes related to the Rally or to obtain and deliver his/her/its name, email or mailing address, and other information and contestant materials to third parties for the purpose of administering this Rally and complying with applicable laws, regulations, and rules. APPLICATIONS AND ENTRIES WILL NOT BE RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF THE ENTRY. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE. By participating in the Rally, Contestants agree to be bound by the Official Rules. Entries not in full compliance with these Official Rules will be immediately and automatically disqualified. By submitting an entry, each Contestant acknowledges and agrees that Released Parties may obtain many applications in connection with the Rally or other contests staged or promoted by Sponsor, such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with the Rally and ideas submitted for other reasons or other materials developed by or on behalf of Sponsor and Contestant waives any and all claims Contestant may have had, may have, or may have in the future that any entry or other works accepted, reviewed or used by Sponsor may be similar to Contestant's, or that any compensation is due to entrant in connection with such project or other works used by Sponsor.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Contestant and Sponsor in connection with this Rally are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of any other state’s laws. Contestants hereby submit to the exclusive jurisdiction and venue of the Federal and State Courts in Los Angeles, California for the purposes of any suit related to the Rally and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.

Sponsor reserves the right to conduct a background check of any and all records of potential Contestant, including, without limitation, civil and criminal court records and police reports, and entry in the Rally constitutes entrant’s permission for Sponsor to conduct such screening processes, provided that, to the extent additional authorization is necessary under law, Contestant shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any potential Contestant based on the results of any screening process (e.g. for any felony conviction or crime of moral turpitude) or failure of the potential to properly authorize such check.

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