OFFICIAL TERMS AND CONDITIONS

FIVE WINNERS WILL ENTER INTO THE EXPERIMENT

THE EXPERIMENT INCLUDES PROFESSIONAL MENTORSHIP AND AN OPPORTUNITY TO HAVE THEIR PROJECT GREENLIT AT A $50,000 BUDGET ($25,000 IN PRODUCTION FINANCING AND $25,000 IN KIND POST PRODUCTION AND FINISHING SERVICES)

OFFICIAL TERMS AND CONDITIONS

EACH Entrant must agree VIA ELECTRONIC SIGNATURE to the below OFFICIAL TERMS AND CONDITIONS AND SUBMISSION RELEASE.

1. SPONSOR: The “Sponsor” is Wayfarer Entertainment LLC and Wayfarer Studios LLC, each with their principal offices located at 7961 W. 3rd Street, 2nd Floor, Los Angeles, California 90048.

2. ELIGIBILITY: The “Six Feet Apart Experiment (the “Contest”) is open to anyone who will be able to work legally in the United States as of June 22, 2020 and is at least eighteen (18) years of age or older. Employees of Sponsor, its affiliates and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, managers, members and each of their immediate family members (spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win. Contest judges and mentors and their immediate family members (spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win. Void where prohibited by law.

3. HOW TO ENTER: Entrants may enter the contest individually, or as part of a team of up to four (4) individuals (“Entrant Team”). Only one member of an Entrant Team may submit an application on behalf of such Entrant Team, but all those listed on the application will be deemed Entrants. Each Entrant must be eligible to participate in this Contest and comply with these Official Rules. In the case of Projects from an Entrant Team, Sponsor will send Contest related communications (including without limitation any notification of status as a finalist or winner) only to the member of the Entrant Team who submitted the application, and will not send communications to any other member of the Entrant Team. No individual Entrant can be attached to more than three (3) submitted Projects.

Entrant must submit the following (collectively, “Submission Materials”) for each project submitted to the Contest (“Project”):

(i) Either: 

  1. A properly formatted original screenplay; with a sixty (60) minute minimum runtime;

Or

  1. A “proof of concept” that includes (i) a treatment and (ii) supplemental visual materials such as a presentation tape, storyboard, look-book, ripomatic, animation or other visual representation of the Project that, together with the treatment, demonstrate the story and characters of the Project in a manner sufficient to replace the contents of a screenplay);

(ii) A log-line (up to 50 words) and accurate synopsis (up to 1,000 words) of the Project;

(iii) A brief description of the Project’s main characters (up to 5 characters);

(iv) A production plan that demonstrates how the Project can be produced and executed through the director’s cut of the Project for a $25,000 production budget and completed through post-production with $25,000 in kind post production services. The plan must also demonstrate how the Project can be produced safely with social distancing and COVID-19 guidelines in mind and in compliance with all applicable laws, rules and ordinances;

(v) A personal social impact statement detailing the Project’s alignment with Sponsor’s ethos, why the underlying story should be told in this current climate, and its potential social impact; and

(vi) A brief biography (up to 500 words) of each Entrant.

All written Submission Materials should be written in English. 

All Submission Materials must comply with the word counts set forth above, where applicable.

Entrant’s Submission Materials must not have been previously produced, or be currently in production, or under option to be produced. Entrant’s Submission Materials may have been previously optioned, but the option to purchase must not have been exercised and the Submission Materials must be free and clear of any encumbrances related to the option or otherwise. 

Once Submission Materials are submitted, no new versions, drafts, revisions or corrected pages can be made by the Entrant. No exceptions will be made. If selected as a Winner, Entrant will be permitted to make revisions to the Submission Materials, based upon the  guidance from Sponsor and their assigned mentor.

All screenplays must be drafted in standard industry format and submitted as a PDF document or Final Draft document, if applicable. All treatments, look books and other written Submission Materials must be submitted as a PDF document. All written Submission Materials must include the name and contact information of the Entrant on the cover page. 

All non-written Submission Materials (presentation tape, ripomatic, animation or other visual representation) that cannot be submitted as PDFs, must be submitted as MP4s and must named to identify both the Entrant(s) and the Project.

All Submission Materials must be the original work of the Entrant and may not be based in whole or in part on any fictional or non-fictional material, published or unpublished, produced or unproduced for which the Entrant does not have rights. Neither the Sponsor nor its judges investigates or attests to the authenticity of an Entrant’s statement of authorship or rights secured. By entering the Contest, you are acknowledging that you have secured all necessary rights in the Submission Materials for each Project you submit.

Submission Materials must not be subject to the Writer’s Guild of America Basic Agreement, unless a valid waiver has been obtained by Entrant from the WGA Waivers Committee prior to entry or the Entrant obtains such a waiver within 10 days from being selected as a finalist in the Contest. Sponsor will not assist or participate in any Entrant’s waiver application or otherwise be responsible for any waivers.

Entries must comply with the above criteria and the Official Terms and Conditions or be disqualified from the Contest, at Sponsor’s sole and absolute discretion.

4. JUDGING CRITERIA: The Winners will be determined at Sponsor’s sole discretion based upon originality, presentation, ethos/social impact, cultural relevance, marketability, structure, pacing, characters, dialogue, theme/purpose, style/tone, commercial potential, feasibility and production safety. Inquiries related to how a Submission was judged will not be accepted.

5.  WINNERS NOTIFICATION AND PRIZE CLAIMING: Sponsor will have complete discretion over interpretation of the Official Terms and Conditions, of administration of the Contest, and of selection of the Finalists/Winners. Decisions of the Sponsor as to the selection of the Finalists/Winners will be final. The potential Finalists will be notified by e-mail and/or telephone and/or mail by August 3, 2020. Notification is deemed to have occurred immediately upon sending of an e-mail, placing of a phone call, or two (2) days after mailing. A potential Winner who provides a P.O. Box may be required to provide an alternative address, causing a delay in notification and acceptance. If the potential Finalist/Winner fails to respond within five (5) days of notification, Sponsor may select another potential Finalist/Winner, at Sponsor’s sole discretion.

Each potential Finalist/Winner will be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return the same within the time period specified at notification, before being eligible to receive his or her prize.

6. PRIZES AND VALUES:

WINNERS: When an Entrant (or if the Entrant is an Entrant Team, then the Entrant designated on the Contest submission form) is selected as a Winner, they will be awarded the Prizes, as detailed below.

GREENLIT PROJECT: Winning Projects will be eligible for “greenlight” into production by Sponsor at a $50,000 budget ($25,000 in the form of production funding from Sponsor to produce the Project through the director’s cut stage and $25,000 in the form of in-kind contributions of post-production and finishing services).

OPTION FEE: Winning Projects will receive an option fee of $100 before entering into the Experiment. Upon a winning Project being “greenlit” into production, a purchase price of $1,000 will be paid (See Section 7 herein).

PRODUCTION: Each Project will be developed, produced, finished, and prepared for release as a part of a groundbreaking slate of films focused on inciting social change and bringing people together.

MENTOR: Each winning Project will be paired with a seasoned filmmaker who will serve as a Project mentor throughout development, production and post production. Project mentors will provide each filmmaker with invaluable support on both the craft and business of bringing their film to life for up to 1 hour per week up into the post-production stage.

Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Terms and Conditions will be determined in Sponsor’s sole and absolute discretion, and are subject to change. In the event that Sponsor is unable to provide the Finalists/Winner with their prize, the Sponsor may elect to pay the Finalist/Winner the ARV of the prize, or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied. Finalist/Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s). ARV of the prize is based on available information provided to Sponsor and may be reported for tax purposes as required by law. The Finalist/Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Finalist/Winner, or if a minor in the jurisdiction in which she or he resides, in the name of her/his parent or legal guardian, for the actual value of the prize received. Unclaimed prizes will be forfeited.

7.  OPTION TO PURCHASE: By entering the Contest, each Entrant agrees to execute an exclusive option to purchase agreement (the “Option to Purchase Agreement”) with Sponsor with respect to their Submission Materials and the Project embodied therein upon being selected as a Winner in order to be eligible to participate in the Six Feet Apart Experiment. By entering into the Contest, Entrant is hereby making an irrevocable offer to Sponsor to enter into the Option to Purchase Agreement, which offer may be accepted by Sponsor at any time prior to August 1, 2020 (the “Option Acceptance Date”) by email notification to Entrant and payment to Entrant of an option fee of $100. The Option to Purchase Agreement shall, amongst other rights, grant to Sponsor the exclusive option (the “Option”) to develop and/or purchase the Submission Materials (including without limitation any screenplay, “proof of concept” treatment and accompanying materials that is part of the Submission Materials) for a period of 12 months commencing on the end of the Option Acceptance Date (the “Option Period”) for a purchase price of $1,000, exercisable upon written notice to Entrant that Sponsor has elected to proceed with production of the applicable Project as part of the Six Feet Apart Experiment. Each Entrant acknowledges and agrees that the chance to participate in the Six Feet Apart Experiment if selected as a Winner, as outlined herein, shall, in addition to any other consideration provided to the Winner (including without limitation the option fee and purchase price), constitute good, valuable, complete and sufficient consideration for Sponsor to secure the Option. Entrants also acknowledge and agree that upon notification of status as a Winner (and prior to being officially named as a Winner and prior to being eligible to participate in the Six Feet Apart Experiment), Entrants must sign and return the Option to Purchase Agreement which shall, amongst other things, give Sponsor certain rights to Entrant’s Submission Materials and shall include the purchase price of the Submission Materials, as detailed above.

Entrant gives power of attorney to Sponsor to assign all rights necessary under the Official Terms and Conditions and the Option Agreement.

8. CHANGE OF ADDRESS: If you change your contact information after you enter the Contest, it is your sole responsibility to update your information with the Sponsor by e-mail to info@SixFeetApartExperiment.com. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. Sponsor will only communicate with such authorized account holder with respect to any Project, and is not responsible for communicating with any other member of an Entrant Team or other person whatsoever, In the event of a dispute, the potential Winner may be required to provide proof that he or she is the authorized holder of the identified e-mail account. Sponsor may run multiple campaigns, contests, or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

9. PRIVACY AND CONTEST COMMUNICATIONS: Personal information collected from Entrants during the Contest is subject to Sponsor’s Privacy Policy available at sixfeetapartexperiement.com/privacy/. By entering this Contest, you understand that Sponsor, its third party vendors, and its advertising or promotion agencies may use your personal information (including e-mail address) for administration of the Contest, the fulfillment of Prizes, for marketing purposes and to provide you with information about Sponsor’s programs, products, services and special offers. You expressly consent to the use of your information by Sponsor and its advertising or promotion agencies for such purposes. By entering this Contest, you also agree to receive autodialed texts and understand that your agreement regarding the same is not a condition of participation in the Contest.

10. PRESS & MARKETING: Each Entrant who is selected as a Winner agrees to participate in any press and marketing opportunities, interviews and photos in connection with the Contest that are required by Sponsor. Entrants who are selected as Winners will be prohibited from issuing any press or statements or participating in any interviews concerning the Contest or Sponsor (or its affiliates) that Sponsor has not arranged or authorized in writing. Except where prohibited, by participating, you grant Sponsor permission to use your name, username, social networking name, photograph, voice, any other likeness, or comments for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.

11. INTELLECTUAL PROPERTY: The Contest Official Terms and Conditions, the Competition Web Page, and all related web pages, content and code are the property of the Sponsor, promotional partners of Sponsor, or authorized third parties. The copying of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. By submitting any content to Sponsor and/or the Competition Web Page (“User Promotion Content”), you irrevocably: (a) Grant Sponsor a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to all rights in the User Promotion Content (e.g., copyright) together with all consents necessary to enable its exploitation by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise such exploitation in perpetuity; and (b) Confirm that the User Promotion Content is original, does not violate any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person/entity.

12. RELEASE: By participating in the Contest, you agree to release Sponsor, and the applicable parents, subsidiaries, affiliates, promotional partners, agents, distributors, licensors, licensees, representatives, attorneys, prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, members, managers, successors and assigns (“Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Contest. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest (including Prizes); (B) and will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Competition Web Page users, and by any cause whatsoever beyond the control of the Released Parties. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent and warrant that you have read, understand and will follow the Official Terms and Conditions. You further represent that you have the right to agree to these Official Terms and Conditions. You agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by you in your acceptance of these Official Terms and Conditions.

14.  SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated, the Sponsor, at its sole discretion, may select the potential Winner from all eligible entries received prior to termination.

15. TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Contest and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.

16. GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Contest and these Official Terms and Conditions shall be governed by California law, except for idea submission or implied contract claims based upon User Promotion Content that will be governed by New York law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.

BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT- OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

17. DISPUTE RESOLUTION; ARBITRATION NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE CONTEST SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. 

This clause shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act.

18. NAME OF WINNERS/OFFICIAL RULES REQUESTS: To receive the name of the Winners, send a stamped self-addressed envelope to: “Contest Winners List” (Attn: Business & Legal Affairs) Wayfarer Studios, LLC / Entertainment LLC 7961 W. 3rd Street, 2nd Floor, Los Angeles, California 90048. Please indicate which Contest winners list you are requesting (i.e., the name of this Contest). For a copy of these Official Terms and Conditions, send a legal- size, self-addressed, stamped envelope to: “Official Terms and Conditions”. (Attn: Business & Legal Affairs) Wayfarer Entertainment LLC 7961 W. 3rd Street, 2nd Floor, Los Angeles, California 90048 prior to the end of the Entry Period. Please indicate which Contest Official Terms and Conditions you are requesting (i.e., the name of the Contest). Vermont residents may omit return postage with Official Terms and Conditions requests.

19. MISCELLANEOUS: The invalidity of any provision of these Official Terms and Conditions or the Prize Acceptance Release will not affect the validity of any other provision. In the event that any provision of the Official Terms and Conditions or the Prize Acceptance Release is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained here. Sponsor’s failure to enforce any term of these Official Terms and Conditions will not constitute a waiver. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the administration of the Contest, including, but not limited to, errors in any printing or posting of these Official Terms and Conditions, the selection and announcement of any winner, or the distribution of any prize. You agree to waive any rights to claim ambiguity of these Official Terms and Conditions. Headings are solely for convenience and will not be deemed to affect the meaning of this document. By entering the Contest, you accept Sponsor’s Privacy Policy located at sixfeetapartexperiement.com/privacy/ and Terms of Use located at sixfeetapartexperiement.com/terms/ each as posted on the Competition Web Page. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Competition Web Page and/or the Official Terms and Conditions, the Official Terms and Conditions shall prevail, govern and control.