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Official Rules

Congratulations on entering the Bahlsen Student Film Competition. It is a great way to gain experience and exposure as American’s next great filmmaker. We have an amazing panel of judges from film, TV, advertising, digital, marketing and top production companies. We will also be promoting the student film competition so your work will be seen by thousands of people, including those in the film industry!  We wish you the best of luck and enjoy the beautiful process of creation.

For more than 130 years Bahlsen has been a strong supporter of the arts and we’re excited to provide a platform for rising talent in the film industry. You have work to do, but the legal stuff is part of the process. Please read everything below, but if you don’t, please at least remember this:

• Because we value your time, effort, and creativity, the judging process will be fair and impartial.

• Anyone that appears in your film has to give you consent (we included a talent release   

  Form for your use) along with any original work of art (i.e. you need permission to use music!).

• We will promote your film as part of this competition, but you will own the rights to your

film. Should Bahlsen want to utilize your film for marketing purposes, Bahlsen will pay you an additional fee.

OFFICIAL RULES, REGULATIONS AND OTHER STUFF LAWYERS MAKE US INCLUDE:

Who Can Enter: All individuals who are enrolled in the 2021 school year at an accredited U.S. film school and are at least eighteen (18) years of age. All entrants will be verified as film students at their respective schools. Anyone that is not an enrolled film student will be disqualified.

How to Enter: Submit your film online at PROPER URL GOES HERE between 5/1/2021 and 11:59 PM EST on 12/17/2021. No submissions will be accepted after this date. Bahlsen is not responsible for any entries received passed the deadline.  All entrants will be asked to fill out basic information including, name, contact info, film name, and film school.  There is a limit of one (1) film submission per student. All entries are final.

Film Specifications:

• Must be less than seven (7) minutes long. There is no minimum length.

• Must be in .mp4 or .mov format

• Can be shot using any camera or smart phone. Films can be live action or animation.

• Theme is “indulgence” and a Bahlsen chocolate biscuit (Choco Leibniz, Ohne Gleichen (First Class), Waffeletten, or Choco Wafer) must be included.

• Must have releases from all talent identified in the film and consent from the crew members who assisted in making of the film. If identified as a winner, the prize money will be awarded to the filmmaker submitting the film in their name. Bahlsen is not responsible for compensation to any talent or crew member additionally; that is the submitting filmmaker’s sole responsibility.

Films submitted must not:

• Contain any material with the name or other sensitive identifying elements of any person without their consent;

• Contain the names of other companies without their consent;

• Contain any materials that would be deemed obscene, sexually explicit, pornographic, offensive, illegal, hateful, or that promote violence;

  Contain any material that would defame, misrepresent, slander, libel, or disparage other people or companies; and

• Contain any material that is in violation of any law.

Videos will be reviewed by Bahlsen staff prior to the judging process and online posting. Bahlsen reserves the right to disqualify any films that do not meet the above standards.

Usage Rights:

By submitting videos, entrants agree that they own the content of the film. As such, they are allowing Bahlsen to use their name, film title and film in association with the competition, their website, and on social media. Should Bahlsen be interested in utilizing the film to market the company after the competition or for national broadcast, Bahlsen agrees to pay an additional $10,000 to the filmmaker to license the film for use in advertising for one year. The license will not require the filmmaker to sell the rights to their film in exchange for the additional fee and the filmmaker may enter their film into any additional festival during the one year period. The filmmaker, however, will not license the film to any other company for marketing purposes during the one year period.

All videos will be promoted on social media and remain on Bahlsen’s website as part of the film competition for viewing for up to one year commencing from first public appearance. Bahlsen reserves the right to take down the films prior to the conclusion of the one year time frame.

All crew members and talent in the film will give consent to the filmmaker for use and entry into the competition. A talent release form for contest’s use is found here. Bahlsen and all subsidiaries are not responsible for any disputes involving ownership or copyright. You hereby agree to indemnify and hold us harmless from and against any and all third party claims, demands, regulatory proceedings, damages, costs (including, without limitation, settlement costs), and expenses (including, without limitation, reasonable attorneys’ fees) arising from or relating to any activities undertaken during the creation of your film. Should Bahlsen wish to purchase the rights to any film (beyond the one year license discussed above), that will be addressed separately from the competition.

Prizes:

Winning submissions are at the sole discretion of the judges based on storyline, creativity, originality, performance, context, and overall quality. The panelists will vote on their favorite film based on these categories, but all determinations by the judges on how to vote are ultimately based on the judge’s subjective reactions to the films, and the panel’s decision is final. Bahlsen will award four (4) prizes, as follows:

– FIRST PLACE – One (1) $10,000 Cash award (or account deposit) to the film entry that

receives the most votes of all submissions by judging panel during the voting period from the judging panel.

– SECOND PLACE – One (1) $5,000 Cash award (or account deposit) to the film entry that

receives the second most votes during the voting period (between final deadline and virtual ceremony) from the judging panel.

– THIRD PLACE – One (1) $2,500 Cash award (or account deposit) to the film entry that

receives the third most votes during the voting period from the judging panel.

– GRAND SCHOKOLADE AWARD – One (1) $1,000 Cash award (or account deposit) to the film entry that earns the fourth most votes during the voting period. Bahlsen reserves the right to have this specific category also be voted on by the public if they choose with specific voting details posted at a later date. The year’s supply of Bahlsen cookies will make you very popular with friends and family. It will consist of one box a month sent throughout 2022 and be an assortment of biscuits decided by Bahlsen. Bahlsen will not be responsible for any product that is lost or stolen.

Local Theatre Event – Bahlsen is interested in showcasing winning films in the filmmaker’s local neighborhood theatre before a movie at specified time and date. This opportunity is entirely contingent upon the location and theatre chain’s willingness to participate, and selected films are up to Bahlsen’s discretion.

All participants that submit a film will receive a free box of Bahlsen biscuits. Should there be fewer than five entries, Bahlsen reserves the right to nullify the contest. Should there be fewer  than eight entries, but at least five entries, each participant will be guaranteed a $1,000 award for participation.

Bahlsen will notify the prizewinners personally by either telephone or email by no later than December 17, 2021. It shall be the responsibility of entrants to provide a valid telephone number and a valid email address with their contest entry in order to be eligible to collect a prize. No transfer or substitution of prizes is permitted. All federal, state, and local taxes, if any, are the sole responsibility of the prizewinners. Prizes may be subject to 1099 reporting for tax purposes. Winners must claim their prize within thirty (30) days of being notified by Bahlsen or entrants will be deemed to have forfeited their prizes. Should a winner forfeit their prize, the video submission with the next highest number of votes will be deemed the winner.

Verification of Potential Prize Winner: 

Potential Prize Winner(S) Are Subject To Verification By Sponsor And/Or Administrator Whose Decisions Are Final And Binding In All Matters Related To The Film Competition. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning if contingent upon fulfilling all requirements. The potential Prize winners may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Bahlsen and/or Administrator may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the film competition or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential Prize winner shall be disqualified from the film competition and an alternate potential Prize winner may be selected based on number of votes from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any.

Restrictions: All directors, officers, volunteers, and employees of Bahlsen and its affiliates, and their immediate family members and persons residing in the same household are prohibited from participating in any Bahlsen-sponsored contests, drawings, or prizes and are not eligible to enter.

Additional Provisions: Prior to their receipt of prizes, winners will be required to sign affidavits of eligibility and must grant permission to publish their name and/or likeness in Bahlsens Student Film marketing campaign via social media and digital. Winners agree to have Bahlsen staff or their agency interview them and take a photo of them for use in communications.

The Film Competition is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon the selected Entrant fulfilling all requirements set forth herein.

No purchase or payment of any kind is necessary to enter or win the prize. A purchase or payment of any kind will not increase your chances of winning.

Entry Conditions and Release. 

By entering, each entrant agrees to: (a) ownership of the submission;(b) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Competition; (c) release and hold harmless Sponsor and Administrator, and their respective parent, subsidiary and affiliated companies, the prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (d) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, entrant agrees that, by entering the Competition, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Competition, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Publicity

If you win or even if you enter, we want you to gain exposure. Except where prohibited, participation in the Competition constitutes each Prize Winner’s consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, now known or hereinafter invented worldwide, without further payment or additional consideration.

General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. 

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the event or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

Limitations of Liability. 

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Competition; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Competition; (d) technical or human error, which may occur in the administration of the Competition or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Competition or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Competition. No more than the stated number of prizes will be awarded. If, for any reason, the Competition cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Competition and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.

Disputes. 

Except where prohibited by law, as a condition of participating in this Competition, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, including but not limited to prize awarded, shall be resolved through binding arbitration administered by the American Arbitration Association and pursuant to its rules governing consumer disputes; (2) no form of class action, consolidated, or mass action will be employed and that any arbitration shall be resolved on an individual basis; (3) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration and the arbitrator shall have the right to resolve all disputes about the scope, enforceability, and validity of this arbitration agreement; and (4) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All disputes arising from or relating to these rules or the contest shall be resolved pursuant to the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction). 

Entrant’s Personal Information. 

Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at https://us.bahlsen.com/privacy-policy/. If you are selected as a winner, your name, city and state may also be included in a publicly available winners’ list. 

Competition Results. 

Results will be printed online. If for some reason you want a hard copy please send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Bahlsen Student Film Competition, 7 North Mountain Ave, Montclair, NJ 07042. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Contest Entry Period. 

Release of Social Media Platforms.

All entrants acknowledge that by submitting, both Facebook, Twitter, Snapchat, Linkedin and Instagram are released of any liability and understand that the promotion is in no way sponsored, endorsed, administered by or associated with any of the social media platforms mentioned above.

Sponsor:

Bahlsen North America Inc., 120 Eagle Rock Ave, East Hanover, NJ 07936 

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