FVC Disclosures – General Terms and Condition
GENERAL DESCRIPTION
ANTV, African Network Television LLC (including its subsidiary channels) is the sponsor of the ___Funniest Video Clip (FVC)_ contest (“herein referred to as “Contest”) and the producer (“Producer”) of “__FVC__” (the “Program”), a television series featuring home videos and seeking submissions by members of the public of their home videos showing funny and/or unique events for possible telecast on the ANTV owned by African Network Television. (“Network” or “ANTV”). At Network’s sole discretion, videos submitted may also be posted on, but in no way limited to, ANTV websites, its Facebook fan page, YouTube, other social media sites, and may be further used as stated herein and/or in the submission materials. Only videos conforming to Network’s Broadcast Standards and Practices, based on Producer’s and Network’s judgment, as they determine in their sole discretion, will be eligible for consideration in the Contest.
Person (s) submitting video clip
By submitting video, sender hereby grants ANTV rights which includes, but not be limited to, the right of ANTV to broadcast, exhibit and transmit the video on all ANTV televisions, channels, internet and mobile properties (including but not limited to all its future television stations and internet properties), throughout the world via all television, simultaneous internet broadcast, microwave, fiber optic, and/or other modes of broadcasting yet to be developed, but which may be utilized by ANTV in the future.
Sender must endure that Video contains no defamatory statements and in no way infringes upon or violates any copyright, trademark or any proprietary rights of any third parties. Sender agrees to indemnify ANTV for any and all legal expenses, damages, sanctions and/or other expenses, including Attorney’s fees, incurred as result of any challenge, suit or action, which is based on the alleged non-permitted, illegal and/or unauthorized use of any material contained in Sender’s Video. If Sender claims that their use of another party’s copyrighted material is permitted as either “Fair Use,” or under other legal exception, the burden for establishing such “Fair Use,” or other legal exception rests entirely with Sender.
Producer will assume all expense in establishing “Fair Use” or other legal exception, should any legal action be taken in regards to Producer’s
Work. It is Producer’s sole responsibility to determine whether any portion of their Video is otherwise protected by copyright and/ or other legal limitation.
The Contest is currently scheduled to consist of: (i) approximately 6 months per season (ii) 20 videos per show, each with one winner awarded for the best videos in each show and prize as described below (iii) three Videos will be selected as finalist, but one video will advance from each show as a funny video clip winner (iv) the contest will take effect on a weekly basis for 16 weeks (v) One video from each show group will advance to Grand Finale (vi) Grand Finale: The winning funny videos will compete, three grand finalists will be selected and they will be voted upon to select the Grand winner. The Grand Prize Award Show ceremony at the end of the season will feature interviews of the grand winners.
Grand Prize: $500 plus iPad
The number of videos per show and/or total number of shows in the Contest or per season are subject to change in Producer’s sole discretion. If the 2015 – 2016 season series is unable to be completed due to any forces beyond Producer’s control, such as show cancellation or act of nature, Producer reserves the right not to award any or all of the prizes set forth above. Please see section VII of these rules regarding additional rules for awarding of prizes.
II. PROCEDURES
1. Persons wishing to enter may submit as many different home videos as they wish to ANTV’s website at www.africannetworktv.com/FVC by following the instructions on the website or through the ANTV Official Facebook fan page by following instructions on the fan page. Videos will be reviewed on an ongoing basis.
2. All submissions become the sole property of Producer and may be used in any manner, commercial or otherwise, in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity. Producer is not responsible for lost, damaged or misdirected videos under any circumstances. Please keep a copy of your submission.
3. Only home video or personal video are accepted; videos shot for commercial distribution and/or commercial broadcast purposes are not eligible for any prizes, also video that took place outside the continent of Africa are not eligible for prizes as well.
4. ANTV is broadcast in High Def (HD) so, please submit your highest quality video file up to 2 GB. – The recommended specifications are 30 Frames per Second with 1280×720 Resolution. – – –
a. Acceptable file formats are: MPEG (.mpg/.mpeg/.m4v), QuickTime Movie (.mov), AVI (.avi), and Windows Media Video (.WMV); MPEG4 (MPG) compression types (CODECS) such as H.264, DivX, Xvid, and AVC are preferred
b. The recommended length is 1-10 minutes.
c. If submitting from mobile phone or device, please check with your mobile carrier if date charges may apply. Entrants are responsible for all fees incurred through their wireless device associated with participation in this Contest. Please consult your wireless service provider for details regarding your message and data plan(s).
5. For submission or upload instructions, please visit “African Network Television – ANTV” website at: www.africannetworktv.com/FVC, or ANTV Facebook page (Facebook.com/africannetworktv.com). Entrant understands and agrees his/her video submission may receive exposure on ANTV internet sites, platforms and media outlets as Producer determines in its sole discretion and may be subjected to comments and popularity ratings from the public at large. Producer is not responsible in any manner for any remarks posted by the public pertaining to an entrant or an entrant’s video.
6. Videos that purport to be spontaneous must be so, or entrant must explicitly disclose the circumstances of the taping at time of entry.
7. Producer reserves the right to edit and/or alter any submission in Producer’s sole discretion.
8. Producer’s decisions regarding all Contest matters are final and non-appealable. All submissions are subject to the terms of these rules and all entrants agree to be bound by these rules and Producer’s decisions. Producer reserves the right in its sole discretion to amend these rules at any time and Producer will post the revised rules on africannetworktv.com. Due to the ongoing nature of the Contest, the rules are updated several times throughout the season; please review them frequently on africannetworktv.com. The rules in effect at whatever time the submission is judged will apply irrespective of date or when the submission was made.
9. Producer reserves the right to alter the number of contestants in each show and the number of Contestant Shows in each block/group/segment/phase at any time.
10. Producer is not responsible for Internet system and hardware failures; delayed, incomplete or unsuccessful transmission of video or other entry information; technical malfunctions of any kind; human error; information loss and downtime; or any costs, losses, liability or damages resulting from any such failures. In the event of any such technical difficulty, malfunction or error, Producer reserves the right, in its sole discretion, to take such actions as it deems appropriate in keeping with the fairness and integrity of the Contest, including without limitation a determination to take no action.
III. ELIGIBILITY
1. Entrants must reside in Africa to be considered for contest; and videotaping must take place in Africa to be included.
2. The Contest is open only to videos taken in Africa and submitted while the sender actively live in Africa.
3. Producer at any time reserves the right to implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions.
4. Entrant must be 18 years of age or older as of the date of entry.
5. Entrant (and, any person appearing in the entry) must not be a candidate for public office and must agree not to become such a candidate for eighteen (18) months from the date entrant submits a home video exclusive release and personal release to Producer.
6. Videos must not have been telecast on national television previously to be eligible for the Contest. After submission of your video, it must be exclusive to ANTV, and sender must be able to grant to Producer all rights set forth in the consent forms and/or other releases as required by Producer (collectively, the “Releases”). If your submitted video was posted on an internet website(s) prior to submission to Producer, you must make every reasonable attempt to remove your submitted video from such websites at the time you submit your video to Producer. In the event you are unable to do so, or if your video has been widely disseminated and/or viewed via the Internet, Producer reserves the right to disqualify your entry at any time. However, Producer is under no obligation to take any action in this regard.
7. Each Entrant acknowledges and agrees that competing submissions may or may not have received exposure in any or all types of media, including without limitation social media sites, news, and entertainment sites (collectively, the “Media”) prior to their submission to Program/ANTV. Entrant understands, agrees and assumes the risk of any such Media exposure of competing submissions, whether or not commensurate with that of their own submissions. Entrant explicitly acknowledges and agrees that the Releases given by entrant shall cover any claim, expense or liability arising from or relating to such Media contact or exposure, or the lack thereof.
8. Each entrant acknowledges and agrees that his/her submission may or may not receive exposure in any or all types of media, including without limitation social media sites, news, and entertainment sites (collectively, the “Media”), that competing submissions may receive more or less exposure in the Media subsequent to submission to Program, and that Producer, ANTV and/or third parties may initiate, assist or cooperate with Media requests or exposure in connection with any submission(s). Entrant understands, agrees and assumes the risk that Media exposure of his/her submission, if any, may not be the same or commensurate with that of other competing submissions. Entrant explicitly acknowledges and agrees that the Releases given by entrant shall cover any claim, expense or liability arising from or relating to such Media contact or exposure, or the lack thereof. Entrant agrees that he/she will not seek Media exposure for his/her submission, and he/she will report all requests for interviews or any other direct or indirect Media contact to ANTV/ Sirvic Studio Productions for approval, in Producer’s sole discretion, prior to participating in any interview or other Media contact.
9. The order in which videos are presented in a Contestant Show, and the order in which Contestant Shows are broadcast will be determined exclusively in Producer’s sole discretion.
10. All entrants agree that neither Producer nor African Network TV is responsible for any error, omission, interruption, delay, deletion or defect with respect to the transmission and/or broadcast of any program including, without limitation, any local, regional or national preemption (whether partial or total). All entrants expressly assume the risk of program preemptions, which may occur locally, nationally, globally or in certain local markets including without limitation in the market in which a prize finalist may reside. Any such preemption(s) may occur at any time and may affect, in whole or in part, the airing of any episode. The preempted episode(s) may or may not be broadcast at an alternate time and the date and time of such rescheduled broadcast, should it occur, may or may not be announced in advance and may or may not draw the same number of viewers as the originally scheduled date and time. Producer may at its sole option elect to disregard any such preemption in administering the Contest or take any other measures it deems suitable to address any such preemption.
11. Producer reserves the right to at any time change voting eligibility and procedures.
12. In addition to the rights granted when uploading submissions to africannetworktv.com, or any other electronic form of submission, entrants whose videos are chosen for possible inclusion in an episode of the Program must sign a Release and Indemnity in the form presented by Producer attesting, among other things, to the fact that they are the rightful owners of the submitted videos and that the video may be submitted and broadcast, and ownership transferred to Producer, without obtaining permission from or making any payment to any third party. Any submission containing third party content may be subject to disqualification. All persons submitting a video or appearing in or heard in a video must sign the applicable Release(s) (which shall, among other things, grant to Producer the ownership rights in the video(s) and the right to use such person’s name, voice and likeness in any manner, commercial or otherwise, and in any and all media and/or technologies whether now known or hereafter devised throughout the universe and in perpetuity, including, without limitation, for programming, promotional and advertising purposes) before the submission can be eligible for prize awards. A legal guardian must sign the Release forms for minors. Failure to provide requested Releases and/or consents will result in disqualification of entrant. These Release forms will be provided by the Producer following video submission. Notwithstanding the foregoing, and without limitation of the rights granted to Producer, the submission of a video constitutes the entrant’s permission to use the video and the name, voice and likeness of the entrant, as well as the entrant’s representation that he/she has obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with the Program and any and all other exploitations thereof or otherwise, including, without limitation, for programming, advertising and promotional purposes, in all media and/or technologies, now known or hereinafter created.
13. Each submission must be solely the original work of entrant(s)/submitter(s)/sender(s). Each entrant represents that his/her submission does not infringe on any third party’s copyrighted material trademark or other intellectual property rights, or privacy or publicity rights.
14. By submitting an entry, each entrant agrees to release, discharge, defend and hold harmless African Network TV, the broadcasters/distributors of “Funniest Video Clip” and each of their respective parent, subsidiary and affiliated companies and each of their respective licensees, assigns, officers, directors, employees, members, partners, agents and representatives (collectively, the “Released Parties”), from and against any claim, expense or liability arising from or related to submission, exhibition or exploitation of the entry, participation in this Contest, appearance on the Program, or otherwise and/or acceptance or use or misuse of any prize (including any travel or activity related thereto).
15. Each entrant agrees that his/her participation and submission shall be governed by and construed under and in accordance with the laws of the United States and of the State of Florida applicable to contracts entered into and wholly performed therein. Each entrant consents and agrees to the exclusive jurisdiction and venue of the federal and state courts of the State of Florida, located in the County of Alachua. Any claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to no monetary compensation, and in no event is attorneys’ fees included in consideration.
IV. JUDGING CRITERIA
1. Videos will be judged by Producer on the basis of humor and/or uniqueness
2. Examples of videos that might be considered for contest include but not limited to showing silly blunders at social occasions; unexpected foul-ups involving children; animal antics; slip-ups during sports, vacation, or other outdoor activities; bloopers during plays, recitals, parades or speeches; practical jokes; natural phenomena; and life’s annoyance behaviors. From time to time, the Producer may request home videos on specific topics; such submissions will be included with the general submission pool for Contest purposes and will compete with the general submission pool for any prizes unless otherwise stated. All videos must conform to ANTV Network’s Broadcast Standards and Practices policies, based on Producer’s and Network’s judgment, as they determine in their sole discretion.
3. Producer will select videos for inclusion in each Contestant Show as follows:
a. Each video will be assigned a number, and logged in.
b. Producer’s representatives will conduct an initial review (the “Initial Review”) of all submissions and will (as determined by Producer in its sole discretion) advance those videos reflecting a sufficient level of humor and/or uniqueness to warrant further consideration. Any video which does not advance past Initial Review will be rejected for use as a contestant video at that time. Producer reserves the right to reevaluate any submission at any time, but has no obligation to do so.
c. Producer will view videos that are advanced beyond Initial Review for possible consideration in a particular show.
V. PRIZES
1. Subject to the terms herein, cash prizes will be awarded to the entrant(s) up to ninety (90) days after the winner’s announcement, provided that the entrant(s) certify and establish to Producer’s satisfaction that they are the owner(s) of the video and further provided that they have complied with these Official Rules and have signed all necessary Releases and any other forms as determined by Producer.
2. In the event that a winning video has more than one owner, Producer will divide and distribute any cash prize or equivalent won by such video and, if applicable, the prize, among the owners of such video (regardless of who submitted the video) so that each owner will receive an equal dollar amount. In the event that the video that wins the Grand Prize has more than one owner, Producer will divide and distribute the elements of the Grand Prize described herein among the owners of the video in a manner that Producer deems equitable. Only one (1) Grand Prize (as described in Attachment A to these Official Rules) will be awarded for the best video in the Grand Prize Award Show, regardless of the number of owners of such video. All divisions and distributions of any prize will be determined by Producer in its sole discretion. In all instances, potential prize winner(s) will be required to sign any forms required by Producer in order to receive a prize. Winners of any prize are solely responsible for all federal, state and local taxes.
3. If the anticipated complement of episodes for the 2016 – 2017 season series is not completed for any reason, including without limitation as a result of program cancellation or labor dispute, Producer reserves the right to terminate, suspend and/or modify the competition, award the prizes by any other means Producer deems appropriate, and/or limit, reduce or not award the announced prizes. Thus, for example, if for any reason the anticipated complement of episodes of qualifying Contestant Shows has not been completed in any phase/block of shows, Producer reserves the right in its sole discretion to make modifications to the show/prize as deemed appropriate by producer. If there are fewer than three (3) qualifying grand finalist, then Producer in its sole discretion may decide alternate means.
VI. CONTEST DEADLINES
1. The deadline for clip submission for FVC season #1, 2016-2017 July 15th, 2016. Please heck these rules on africannetworktv.com frequently for updates. All videos must be received by Producer on or before the applicable deadline date to be eligible for inclusion in that season.
Deadline dates are subject to change at Producer’s sole discretion.
VII. RELEASES
1. All entrants must sign all general Releases and other documents in the form provided by Producer or be eliminated from consideration in the Contest and declared ineligible to win any prize. Releases will include, among other things, a statement that the videos were the exclusive property of the entrant(s) at the time they were submitted and that the events purported to be spontaneous were in fact spontaneous and not staged.
Releases must be obtained from all identifiable persons depicted, seen or heard in the videos, as well as the person(s) who recorded the video. A parent or guardian must sign the Release forms for minors (younger than 18 years old).
2. For more information go to africannetworktv.com, call (352) 727-4113, or write to “email us at FVC@africannetworktv.com
Without limiting the terms of the Contest Official Rules, by accepting a prize, the winner, the Grand Prize winner agrees to release and discharge each of the Released Parties (as that term is defined in the Contest Official Rules) from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to the Contest, the prize or any portion thereof and/or the receipt, use and/or enjoyment of any prize or any prize-related activity.
Neither Producer nor the prize supplier of the Grand Prize make any representation or warranty on the winner’s tax liability. The Grand Prize winner is solely responsible for paying all taxes as application to the prevailing government system. The award of the Grand Prize is subject to applicable withholding requirements; and the winner will receive an IRS Form 1099 reflecting the actual final retail value of the prize. Winner may be required to sign other tax documents.
THE APPROXIMATE RETAIL VALUE OF THE ENTIRE GRAND PRIZE INCLUDING $500 AND IPAD IS ONE THOUSAND DOLLARS ($1000.00 USD).