The Creative Writing Championships 2008

(herein, the “Competition”, the “Contest”, or the “Contest”)

 

 “http://www.nycmidnight.com” (the “Contest Website”)

 

The names “NYC Midnight Movie Making Madness”, “Midnight Movie Making Madness”, “Movie Making Madness”, “NYC Midnight”; the acronyms “NYCMMMM” and “MMMM”; the tag lines “A new take on filmmaking” and “Can you make a movie in 24 hours?”; and the Internet website uniform resource locator (URL) www.nycmidnight.com, are all United States and international trademarks solely owned by NYC Midnight Movie Making Madness, LLC. No use of these trademarks, or any of them, is permitted, absent the express prior written permission of a Managing Member of the LLC on a case-by-case basis.

 

All text and other material appearing within and otherwise posted or distributed in connection with the Contest is: Ó2008 NYC Midnight Movie Making Madness, LLC. All Rights Reserved. No copying, distribution, or any other use of these materials or the pictures, destoryions, or accounts of the Competition are permitted, absent the express prior written permission of a Managing Member of the LLC on a case-by-case basis.

 

“Official Rules”

 (Official Creative Writing Championships 2008 Rules & Participation Agreement)

 

This Agreement, comprised of the Official Rules of the Contest as set forth herein, is made and entered into by and between the individual registering for the Contest (hereinafter, the “Entrant”), on the one hand; and NYC Midnight Movie Making Madness, LLC (hereinafter, the “LLC”), on the other hand.  By clicking on the button marked “I have read, understood and agree to the terms listed above (GO TO STEP 2),” the Entrant indicates that the Entrant accepts the terms and conditions in the Official Rules as set forth herein.  This Agreement and the Official Rules shall govern Entrant’s participation in “The Creative Writing Championships 2008,” and the intended creation by Entrant of a short story as within-described, as part of that Competition, pursuant to the provisions set forth herein. Entrant and the LLC are hereinafter referred to as the “Parties”. The Parties hereby further agree as follows:

 

1.  All Contestants Bound By These Rules - Entrant hereby agrees to take part in The Creative Writing Championships 2008, which will be conducted by the LLC and is currently scheduled to take place between August 8 and October 12, 2008. These Official Rules (herein, “Official Rules”) apply to The Creative Writing Championships 2008 and to each and every Entrant who enters the Competition.

 

2.  Rules and Communications - Any Entrant that enters a story in this Contest or otherwise communicates with NYC Midnight Movie Making Madness, LLC (the “LLC”) regarding this Contest, shall be deemed to have carefully read, reviewed, and specifically agreed to all of the text of these Official Rules; and also to any prior, other, and further writings of text; including, without limitation, rules and postings relating to the Contest (collectively, “Communications”) which the LLC may in the past, present, or future issue, distribute, post, or otherwise make available (collectively, “Communicate”) to prospective Contest entrants by e-mail, by mail, by fax, by hand, via Internet posting, and/or otherwise in any other manner. E-mail alone shall suffice to constitute notice to any Entrant, if and in the event that such method is elected for notice purposes by the LLC for any specific Communication. Notwithstanding the foregoing, the LLC does not and shall not solicit any entered stories (hereinafter, “Entries” or “Entered Stories”) by the mail or by other electronic means; and rather, relies upon word-of-mouth within the creative writing, screenwriting and film communities to foster further recognition of the Contest and a resulting adequacy of the number of quality Entries.

 

3.  Entry Fee & Entry Deadline (Individual) - The Entry Fee is US$35 on or before Thursday, July 24, 2008 (“Early Entry Deadline”) and US$45 after July 24, 2008 until the final entry deadline of Tuesday, August 5, 2008 (“Final Entry Deadline”).  The entry fee must be received in full by the LLC on or before the Final Entry Deadline of Tuesday, August 5, 2008 to participate in the Creative Writing Championships 2008. The Entry Fee must be paid online at www.nycmidnight.com.  Once the registration is completed online and Entry Fee are received in full and in proper order by the LLC, a confirmation e-mail will be sent to the Entrant as identified in The Creative Writing Championships 2008 online registration form, to the e-mail address identified in online registration form, confirming the corresponding Entrant’s registration in the Competition.

 

4.  Entry Fee & Entry Deadline (Team) - The Entry Fee for the team competition is US$5 on or before Tuesday, August 5, 2008 (“Final Entry Deadline”).  The entry fee must be received in full by the LLC on or before the Final Entry Deadline of Tuesday, August 5, 2008 to participate in the team portion of the Creative Writing Championships 2008. The Entry Fee must be paid online at www.nycmidnight.com Please note, you can not participate in the team competition unless you register yourself individually and pay the Individual Entry Fee described above in Paragraph 3.  More information on the team competition is described below in paragraph #13.

 

5.  Exercise of Skill - This Contest requires an exercise of skill, only, and is NOT a game of chance in any respect whatsoever.

 

6.  Competition Schedule – The Contest has a total of 4 writing challenges and 3 rounds of competition.  Every registered writer is guaranteed to compete in 2 writing challenges and as many as 4 challenges based on their placement in each round.  The schedule of the challenges is below:

1st round - Challenge #1: 11:59PM EDT on August 8, 2008 until 11:59PM EDT on August 10, 2008.

1st round - Challenge #2: 11:59PM EDT on September 5, 2008 until 11:59PM EDT on September 7, 2008.

2nd round - Challenge #3: 11:59PM EDT on September 26, 2008 until 11:59PM EDT on September 28, 2008.

3rd round - Challenge #4 : 11:59PM EDT on October 17, 2008 until 11:59PM EDT on October 19, 2008.

 

7.  1st Round (Challenge #1: August 8 - 10, 2008)Each properly-registered Entrant will be placed into a “Group” in the 1st Round which will include a number of other Entrants against whom the so-placed Entrant will initially compete. There will be 16 Groups.  Each Group will be assigned a genre, location and object as chosen by the LLC..  Each group is assigned a genre, a location and an object (“Genre, Location and Object Assignment”) that must be included in the story.  Once the judging is complete, writers receive points based on what place they end up in the challenge (see below):

 

1st Place

25 points

6th Place

14 points

11th Place

5 points

2nd Place

22 points

7th Place

12 points

12th Place

4 points

3rd Place

20 points

8th Place

10 points

13th Place

3 points

4th Place

18 points

9th Place

8 points

14th Place

2 points

5th Place

16 points

10th Place

6 points

15th Place

1 point

 

8.  1st Round (Challenge #2: September 5 - 7, 2008) : Writers compete in the same group they were placed in for Challenge #1.  Writers receive a new Genre, Location and Object Assignment which must be included in their story.  Writers receive points based on what place they end up in the challenge (the same points listed in above in paragraph #7).  The total points from Challenge #1 and #2 are added together, and the top 10 writers in each group advance to the 2nd Round.  For example, if a writer comes in 4th place (18 points) in Challenge #1 and 13th place (3 points) in Challenge #2, than his/her total points for the 1st Round is 21 points.  If 21 points is among the top 10 highest point totals in the group, than the writer will advance to the 2nd round of the competition. 

 

In cases of ties, the writer with the highest placement in both challenges will advance.  For example, if two writers are tied for 10th place with 26 points, with one writer placing 1st (25 points) and 15th (1 point) in the challenges and the other writer placing 6th (14 points) and 7th (12 points), the writer who placed 1st in one of the challenges will advance because of the higher placement.

 

9.  2nd Round (Challenge #3: September 26 - 28, 2008) : Writers are again placed randomly in Groups.  There are 8 groups in the 2nd round with a total of 20 writers competing in each group.  Each group receives a new Genre, Location and Object assignment that must be included in the story.  Once the judging is complete, the top 5 writers in each group advance to the 3rd and final round of the Contest.  Writers also receive points based on what place they end up in the challenge (see below).  The top 10 in each group receive points, but only the top 5 in the group advance to the 3rd round.

 

1st Place

25 points

6th Place

14 points

2nd Place

22 points

7th Place

12 points

3rd Place

20 points

8th Place

10 points

4th Place

18 points

9th Place

8 points

5th Place

16 points

10th Place

6 points

 

10.  3rd Round (Challenge #4: October 17 - 19, 2008) : The top 5 writers from each group in the 2nd round are placed in the final group, with a total of 40 writers.  The group receives a new Genre, Location and Object assignment that must be included in the story.  The judges choose a top 15 in the 3rd round.  Again, writers receive points based on what place they end up in the challenge (see below).

 

1st Place

50 points

6th Place

28 points

11th Place

12 points

2nd Place

45 points

7th Place

24 points

12th Place

10 points

3rd Place

40 points

8th Place

21 points

13th Place

8 points

4th Place

36 points

9th Place

18 points

14th Place

6 points

5th Place

32 points

10th Place

15 points

15th Place

4 points

 

11.  Groups - No Entrant shall gain any advantage based upon the story genre, location and object to which they are assigned. Each of the Entrants has, at the outset, an equal chance of winning their Group, subject to the requisite exercise of skill cited hereinabove. All other individuals who have entered the Creative Writing Championships 2008, and who are not selected as “Round Finalists” at the end of the each Round, shall be considered to have lost the Creative Writing Championships 2008, and shall have no right to seek to recover any Entry Fee or other consideration they may have already paid or otherwise incurred. The maximum cost to each Contest participant (“Participant”) shall be the Entry Fee paid by the Participant (not including any costs of production of any Story which such participant may bear), minus the Participant’s prizes and/or Subsidy as may be applicable. By virtue of the foregoing, each Entrant is therefore in full control of whether or not he/she wins the Prizes.

 

12.  Points :  Entrants accumulate points through each challenge of the competition.  For example, if a writer comes in 4th place (18 points) in Challenge #1, 13th place (3 points) in Challenge #2, 2nd Place (20 points) in Challenge #3, and 10th place (15 points) in Challenge #4, than the writer would have a total of 56 points at the end of the competition.  There will be a leader-board on www.nycmidnight.com that will be updated after each round of the competition with point totals.

 

13.  Teams : There is also a team competition for the Entrants that pay the US$5.00 fee in addition to their individual entry fee as described in paragraph #4. Teams may contain up to 5 registered Entrants.  Teams compete based on the total points accumulated by each member on the team.  For example, if the 5 writers on the team have a total of 13, 19, 4, 56, and 37 points at the end of the competition, the team would have a total score of 129 points.  Team scores will also be listed on the leader-board, which will be updated after each round of competition on www.nycmidnight.com.

 

14.  Groups - No Entrant shall gain any advantage based upon the story genre, location and object to which they are assigned. Each of the Entrants has, at the outset, an equal chance of winning their Group, subject to the requisite exercise of skill cited hereinabove. All other individuals who have entered the Creative Writing Championships 2008, and who are not selected as “Round Finalists” at the end of the each Round, shall be considered to have lost the Creative Writing Championships 2008, and shall have no right to seek to recover any Entry Fee or other consideration they may have already paid or otherwise incurred. The maximum cost to each Contest participant (“Participant”) shall be the Entry Fee paid by the Participant (not including any costs of production of any Story which such participant may bear), minus the Participant’s prizes and/or Subsidy as may be applicable. By virtue of the foregoing, each Entrant is therefore in full control of whether or not he/she wins the Prizes.

 

15.   Genre, Location & Object Assignment  – In each challenge, writers are assigned a genre, location and object assignment for their stories.  All stories must be 1,000 words or less, must be created within the competition periods (listed below in paragraph #20) and must include the genre, location and object assignment.  The story must be written in the assigned genre.  The list of potential genres is Action/Adventure, Comedy, Crime Caper, Drama, Fairy Tale, Fantasy, Ghost Story, Historical Fiction, Horror, Mystery, Political Satire, Romance, Romantic Comedy, Sci-Fi, Spy, Suspense, Thriller, and Open Genre.  The assigned location (ex. baseball stadium) must be the predominant location used in the story.  The assigned object (ex. toothbrush) must be used at some point in the story.  The genre, location and object assignments will be different in each challenge.  All assignments will be e-mailed to the participating writers and posted on www.nycmidnight.com at the beginning of the challenge periods listed above in paragraph #6.

 

16.  Genre, Location & Object Compliance - In order for an Entrant’s story to qualify for the Creative Writing Championships 2008, each Entrant’s story must be within the assigned Genre, the location must be the predominant location used in the story, and the object must be included at some point in the story.  All decisions as to compliance with the story genre, location and object assignment are within the sole discretion of the LLC; and any such decisions by the LLC are final, conclusive, and binding upon all Entrants.

 

17.  Story Submission Format & Deadline – All stories must be uploaded on nycmidnight.com and each entrant has the option of also submitting electronically via e-mail.  The submission details, including the link to the file upload form and e-mail address to send the stories will be announced on www.nycmidnight.com and e-mailed to every Entrant at the start of the challenge periods listed above in paragraph #6.  The completed stories must be received by 11:59PM EDT at the end of the competition periods listed above in paragraph #6. All Entries that are not received by the LLC by the end of the competition periods will not be reviewed and will be ineligible for the Creative Writing Championships 2008.

 

 

18.  Story Format Requirement – For each challenge, the LLC must receive one (1) copy of the completed Short Story as a .doc (Word document), .txt (Text File) or .rtf (Rich Text Format) adhering to the following format requirements. The LLC reserves the right to reject any Entry for failure to observe any format requirements.

           

ELECTRONIC FILE In every challenge, the Story must be uploaded on nycmidnight.com as a .doc (Word document), .txt (Text File) or .rtf (Rich Text Format).  The name of the file must be as follows : “Your Group Number”_“The Title of your Short Story”.  For example, if you were in Group Number 15 and the title of your Short Story was “Tennis”, then the name of your Short Story must be saved as “15_Tennis.doc” or “15_Tennis.txt”.  Entrants will also have the option of submitting their story via e-mail (see paragraph #17).

 

FONT -             Each individual Story must be typed in 12 point and in Courier, New Courier or Times New Roman typeface – ONLY.

 

TITLE PAGE -   The Title Page of the Story must only contain the TITLE of the Short Story and the BRIEF SYNOPSIS.

 

BRIEF SYNOPSIS - The brief synopsis must be a maximum of 2 sentences and a minimum of 1 sentence (and no longer than one-half page in length). The brief synopsis serves as a description of the Story.

 

ANONYMITY -   The author’s name must NOT appear anywhere in the Story, including the title page.

 

LENGTH -         The maximum length for each individual Story is 1,000 words, not including the title page.

 

19.  Story Copyright / Registration - Although it is not necessary for the Competition, all Entrants may want to register their stories and/or other materials with the U.S. Copyright Office (www.copyright.gov).  The LLC may receive many stories adopting similar perspectives on the same genre, location and object assignments, and therefore the LLC accepts absolutely no responsibility with respect to any copyright disputes or claimed rights conflicts which may occur or be perceived to occur. NYC Midnight Movie Making Madness, LLC, reserves the right to require each Entrant and any third-party to sign, properly execute, and deliver to the LLC such additional and further documentation as the LLC may deem appropriate with respect to any rights or issues, or any other matter relating to the Competition.

 

20.  Creative Development - All “Creative Development” for the stories created must take place within the window of time between: (A) the date and time of start of each challenge (“Genre, Location & Object Announcement”); and (B) the date and time of the end of each challenge (“Story Submission Deadline”) (hereafter, the “Challenge Story Window”).  The Challenge Story Window for each challenge is listed below:

 

Challenge                           Genre, Location & Object Announcement        Story Submission Deadline

1st round - Challenge #1:      11:59PM EDT on August 8, 2008                   11:59PM EDT on August 10, 2008.

1st round - Challenge #2:      11:59PM EDT on September 5, 2008               11:59PM EDT on September 7, 2008.

2nd round - Challenge #3:      11:59PM EDT on September 26, 2008            11:59PM EDT on September 28, 2008.

3rd round - Challenge #4 :     11:59PM EDT on October 17, 2008                11:59PM EDT on October 19, 2008.

 

 “Creative Development” includes, but is not limited to, writing an ORIGINAL synopsis and short story, from first draft to final draft, within the Challenge Story Window. No revisions or missing pages will be accepted once the first attempt at an entry has been received by the LLC. Do NOT supplement your entry with any subsequent mailings or forwarding of documents, as such will be grounds for disqualification and forfeiture of any Entry Fee. All decisions as to compliance with the Challenge Story Windows are within the sole discretion of the LLC; and any such decisions by the LLC are final, conclusive, and binding upon all Entrants. The LLC naturally reserves the right to disqualify any Entries which are plagiaristic or otherwise unoriginal to the corresponding Entrant.

 

21.  Preparations - The ONLY work that may take place in connection with the Contest prior to the date and time of the genre, location and object announcements in each challenge, is the preparation, execution, and submission of required documents to NYC Midnight Movie Making Madness, LLC.

 

22.  Disqualifications - The LLC reserves the right to disqualify any Entrant or Entered Story that does not comply with these Official Rules and other Contest requirements from time to time communicated by the LLC.

 

23.  Judges - The judges for the Competition shall be individuals with experience in the writing and/or publishing industry, such that they are qualified to select winning Stories, as determined by NYC Midnight Movie Making Madness, LLC, in its sole discretion. No one will be allowed to be a Judge if he/she has any demonstrable bias or conflict of interest with respect to any of the Contest Entrants, as determined by the LLC in its sole discretion. Entrants shall disclose in writing to the LLC any such bias or conflict of interest of which they are or become aware and which they believe may have a direct or indirect effect on Contest results, and any Entrant failure to do so may result in disqualification of the Entrant and/or the corresponding Entry.  An updated list of judges will be posted on www.nycmidnight.com, which all Entrants are urged to regularly check.

 

24.  Judging Criteria & Decision of the Judges - The fixed standard and criteria used by each of the Judges shall be instructed by the LLC to the Judges, and shall be as follows:

 

10%        Format (Adherence to paragraph #18)

90%        Story (Writing, Originality, Character Development, and Plot Development)

 

The same Judges may be used for several Story Groups, but not for each and every Group. The LLC reserves the right to vary the Judges on a Group by Group basis. Each Judge shall total all scores for each 1st Round Short Story and then share his/her rulings with the other Judges. Each of the Judges shall advise the LLC in writing of (A) 1st Place through 15th Place in 1st Round Groups for each challenge; (B) 1st Place through 10th Place in 2nd Round Groups; and (C) 1st Place through 15th Place in the 3rd Round Group.  The Judges will be specifically instructed that “ties” between any Entrants shall not be allowed, and the Judges shall not be discharged from their function until the Entrants identified in (A) through (C) above are chosen and informed to the LLC.  All Entrants are prohibited from contacting any of the Judges regarding their submissions or the Competition generally. Any such contact will be grounds for automatic disqualification and forfeiture of Entry Fees and any other monies or consideration expended.

 

25.  Challenge Results and Group Finalists Announcements - All Challenge results and Group Finalists will be announced according to the schedule below:

 

Challenge                                  Challenge Results & Finalists Announcements

1st round - Challenge #1:             11:59PM EDT on September 3, 2008      

1st round - Challenge #2:             11:59PM EDT on September 23, 2008    

2nd round - Challenge #3:             11:59PM EDT on October 14, 2008

3rd round - Challenge #4 :            11:59PM EDT on November 6, 2008

 

26.  Prizes & Taxes - Entrant hereby acknowledges that participation in the Creative Writing Championships 2008 is without remuneration or compensation of any sort. The sole exception to this rule shall be the awards listed on www.nycmidnight.com as they correspond to the Creative Writing Championships 2008.  Taxes on any awards for the Creative Writing Championships 2008, and any other consideration awarded in the Contest, if any, are the sole responsibility of the winner or winners, and the LLC shall bear no liability with respect to same. It is in every Entrant’s interests to ensure that all taxes on any awarded or otherwise delivered or received sums or other consideration, if any, are fully and correctly paid; including without limitation any federal or state taxes which are required to be deducted from any awarded monies, and each Entrant indemnifies and holds harmless the LLC pursuant to the indemnity provisions of these Official Rules per Rule 28 hereinbelow. In addition, all Entrants acknowledge that the LLC may require signed tax forms and/or withhold taxes from any monies if the LLC is instructed to do so by any appropriate authority, including without limitation any taxing authority and the LLC’s own tax advisor(s).

 

27.        Issuance Of Prizes.  Any awards / prizes will be forwarded to the Entrant within thirty (30) calendar days after the later of: (1) the completion of the Creative Writing Championships 2008, or (2) the resulting decision of the Judges having been communicated to the LLC. Any awards / prizes are ONLY intended to be awarded and delivered to the Entrant, at the Entrant’s mailing address as indicated online in the Creative Writing Championships 2008 Online Registration Form. It is the sole responsibility of Entrant to distribute any such prize evenly among any additional participating writers, if any.

 

28.  Indemnification - Each Entrant hereby indemnifies, releases, discharges, defends, and holds the LLC (and its owners, managers, members, employees, agents, attorneys, representatives, contractors, vendors, successors and affiliates) harmless from and against any and all claims, losses, damages, obligations, expenses, penalties, settlements, litigations, judgments and any other liabilities of any kind whatsoever (including without limitation attorney’s fees and costs incurred by the LLC), arising out of, from, or otherwise related to the development, creation, production, or other making or use of Entrant’s entry, and any other activities which at all relate to any Entry, this Contest, or these Official Rules, including, but not limited to: (A) any third-party or other claim of any ownership right or interest in, or otherwise relating to, any Entered Story; (B) any third-party or other claim of violation of any personal right or proprietary right in connection with the Entered Story, such as defamation, libel, trade libel, slander, “name and likeness” rights, right of privacy, right of publicity, “moral rights”, unauthorized exhibition, breach of contract copyright infringement, trademark infringement, and any other right or claimed right of any other kind or nature; (C) any claims for negligence, injury to persons (including wrongful death), injury to property, or any other injury which may arise out of, result from, or occur, directly or indirectly, in any way in connection with this Contest or any Entered Story; (D) any breach or other violation of these Official Rules or any other LLC Communication; and (E) any other activities by or relating to any Entered Story, Entrant, or third-party in connection with this Contest, and any other liability of any kind or nature arising out of any participation in the Contest.

 

29.  Rights, Clearances, and Costs - Each Entrant hereby acknowledges that he/she is individually responsible for obtaining and/or providing all equipment, software, and all other things necessary for participation in the Contest and in connection with any Entered Story. Each Entrant shall bear all costs and expenses relating thereto, and shall be strictly responsible for any and all damages and claims (if any) relating thereto. The LLC is only agreeing to provide the Official Rules and the Contest in which each Entrant is intending to take part.

 

30.  Rights and Property - The LLC shall own the Subject and Genre Classifications. Entrant hereby grants NYC Midnight Movie Making Madness, LLC the absolute right to post the Entrant’s name and e-mail address, Title of Entry, and Synopsis of Entry on www.nycmidnight.com, through the LLC’s mailing lists, and press releases for publicity purposes, when announcing the Challenge Winners, Group Finalists and Overall Winners of the Creative Writing Championships 2008. By entering The Creative Writing Championships 2008, the Entrant expressly grants to the LLC the right to use any images (individual or collective) taken during the creation of the Entry and/or during any of the Competition events, as well as quotes from e-mail or written submissions, for use on the LLC’s website(s) or for promotional purposes. Any tangible copy of any material delivered or otherwise forwarded to the LLC under these Official Rules or otherwise in connection with this Contest, shall automatically upon receipt become the sole and exclusive property of the LLC for all times and for all purposes, and cannot under any circumstances be returned.

 

31.  Contest Changes, If Any, and Additional Documents - In the event that, in the LLC’s discretion, circumstances so warrant, the LLC may change the Official Rules of this Contest to foster the interests of preserving as level a playing-field as possible for all Entrants and Entries. It is accordingly the sole responsibility of each Entrant to, throughout the full duration of the Contest, frequently check the Contest Website and the Entrant’s incoming e-mail, regular mail, and faxes, to ensure that any and all Communications from the LLC are received. The laws, regulations, requirements, and rules of any state or other jurisdiction may be subject to change at any time, including without limitation such time as the activities relating to this Contest may occur. Accordingly, the LLC reserves the right to make such changes to this Contest and/or these Official 1st Round Story Rules and other Communications (“Contest Changes”) at any time and as the LLC may deem appropriate in its sole discretion, to the extent that such changes are made for the purpose of compliance with all such applicable laws, regulations, requirements, and rules; including without limitation termination of the Contest in the unlikely event that such drastic action is thereby made necessary. In the event of such termination, or of any claim made against the Contest or the LLC or any of its affiliates or affiliated parties by any Entrant or other person or entity (and given the large number of Entries which may ensue), the LLC’s liability shall hereby be agreed to be limited to One Penny (US$0.01) per Entrant. Such Contest Changes by the LLC may be made in a manner in which the interests of justice so dictate, as determined by the LLC in the LLC’s sole discretion. The LLC shall endeavor to notify all Entrants of any such Contest Changes, if occurring. The LLC shall have the right, but not the obligation, to use Communication methods in addition to or in lieu of e-mail and the Internet, for any purpose under these Official Rules (provided that same is not specifically and expressly required to be disseminated in an alternate manner by these rules themselves). The employees, families, and affiliates of the LLC, and its Members and Managers, may not enter this Contest.

 

32.   Not A Talent Agency -   The LLC is an entity which conducts this Contest and Competition, and is not a talent agency. The LLC shall not be characterized as soliciting employment for any Screenwriter, Entrant, or other Contributor.

 

33.  Void Where Prohibited, And Applicable Laws - This Contest Is Void Where Prohibited. This Contest Is Governed By The Laws Of The United States, And All Applicable Laws Govern. No one under the age of Eighteen (18) years may enter the 1st Round of this Contest (absent appropriate parental written consent and good cause shown therefore in the LLC’s sole discretion); nor may any person enter this Contest who does not have the legal right or capacity to specifically agree to and contract with the LLC with respect to the Contest and these Official Rules. By entering this Contest, each Entrant warrants and represents to the LLC that he/she is under no legal or other impediment which would prevent or restrict his/her ability to enter and engage in activities relating to this Contest. Accordingly, it is each Entrant’s responsibility to ensure that: (A) the applicable laws, regulations, requirements, and rules of his/her home state or other jurisdiction allow and permit the Entrant’s entry into this Contest; and (B) there is no contractual or other legal obligation or other issue that would militate against the entry of the corresponding Entered Story into this Contest, or against such Entrant in engaging in activities relating to this Contest.

 

34.  No Responsibility For Electronic And Other Failures –   It is the strict responsibility of all Entrants to back up and retain copies of all Entries and other materials entered, mailed, forwarded, communicated, or otherwise transmitted; and the LLC shall not be responsible for the failure of any Entrant or other party to do so. The LLC is not and shall not be responsible for: (A) any lost, late, misdirected, mutilated, damaged, illegible, unintelligible, or otherwise ineligible entries; (B) any electronic mistakes or other mishaps including without limitation transmission errors which may result in omission of, interruption of, deletion of, defect in, delay in delivery of, theft or destruction of, unauthorized access to, or alterations of, any Entries or other materials furnished to the LLC in connection with this Contest, or any materials otherwise distributed to or intended to be distributed to or by Entrants in connection with this Contest; or (C) any network, telephone, electronic, computer, hardware or software, or other technical or machine-related malfunctions or limitations of any kind; or (D) any inaccurate transmissions of or failure to timely receive Entries or other material by the LLC or by any Entrant on account of any technical problems or traffic congestion on the Internet or at any website; or (E) any combination of the foregoing in whole or in part. If for any reason the Internet or e-mail communications relating to the Contest are not capable of running as planned, including infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, technical failures, “force majeure”, or any other causes beyond the control of the LLC, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the LLC reserves the right at its sole discretion to disqualify any Entrant that tampers with this Contest, its Official Rules, and/or its and their procedures; and the LLC may terminate, modify, or suspend the Contest as a result.

 

35.  Warning - Any attempt or action taken by any Entrant or other person or entity to damage any website, disrupt the process or progress of any e-mail, or otherwise undermine the legitimate operation of the Contest, may be a violation of criminal and civil laws; and, should such attempt be made or activity occur, the LLC reserves the right to disqualify such persons from the Contest and further interaction with the LLC, and seek damages and other legal and equitable relief from and with respect to any such person or entity to the fullest extent that the law will allow.

 

36.  Monitoring - The LLC has the right but not the obligation to monitor the creation and/or submission of any Entered Story for compliance with any of these Official Rules and other LLC Communications, and to effect any audit, interview, or other inquiry of any Entrant so as to endeavor to confirm compliance with same. Any failure of any Entrant to make himself/herself available for same, shall result in disqualification of the corresponding Entry, at the LLC’s sole election.

 

37.  Mistakes and Force Majeure - In the event of any instance in which the LLC has reason to believe that a mistake in the running of the Contest has occurred; or that one or more of the Entrants may have engaged in fraudulent activity or otherwise violated the Official Rules or other LLC Communications; or that one or more of the Entrants or other persons or entities are abusing the Contest and/or its Official Rules; or if a “force majeure” event occurs in whole or in part during the time periods cited herein, (for example but not by way of limitation, a failure of the Internet to allow for any Communication to be disseminated), which prevents or threatens to prevent the Contest from proceeding as planned, then: (A) at the LLC’s election, all Subsidies must be returned by the Entrants so as to be received in full by the LLC; (B) upon receipt of the returned Subsidies, if so required by the LLC, all Entry Fees received from the Entrants, will be refunded to the Entrants as originally paid by them; and (C) the LLC may take such other and further action as the LLC in its sole discretion sees fit. Any re-scheduling of the Story Competition and prizes thereafter, if any, will be at the sole discretion of the LLC. Any Entry Fees paid or payable by any Contestant are non-refundable, irrespective of contingency (including their being non-refundable to any Finalist or Winner). If there is any disagreement as to what constitutes a “force majeure” event, then the LLC’s determination shall be final, conclusive, and binding.

 

38.  Administrator - The Administrator of this Contest is:

 

NYC Midnight Movie Making Madness, LLC

130 7th Avenue #358

New York, NY 10011

 

The Administrator shall award all prizes and retain all records relating to the Contest. No walk-in visits to the LLC are encouraged or allowed, nor are any in-person communications with the LLC. A Winners List is expected to be posted on the Internet; and additionally, may be obtained by any interested party, when available (but in any case no later than thirty [30] calendar days after the date of the selection of the Finalists), by forwarding an SASE with sufficient postage to the immediately above LLC address, provided that the SASE shall not be required from residents of any state or jurisdiction which would prohibit the requirement of same.

 

39.   Times  -  All times given herein and otherwise are New York time (EDT), unless expressly indicated otherwise herein.

 

40.  Privacy  - The LLC shall take every possible action to protect the privacy of any Entrant, including their e-mail address, and including removal of e-mail addresses from databases if requested. Any individual concerned about such privacy issues can contact the LLC regarding same directly by e-mail.

 

41.  Documentary, If Occurring - In addition to and without limitation to the grant of rights in Paragraph 30 hereinabove, Entrant hereby acknowledges that a “Making of The Creative Writing Championships 2008” film (hereinafter, the “Documentary”) may be shot during the 1st, 2nd and/or 3rd Rounds of the Competition. Entrant hereby agrees to allow camera crews and others to tape and record him/her during any development and production stage of the Competition; and further agrees to provide to the LLC a signed written release, using an appropriate written release form, with the submission of the Story. However, the foregoing in no way obligates the LLC to make, exhibit, or otherwise exploit or use the Documentary.

 

 

Entrant and any additional participating writers hereby acknowledge that he/she has read and agrees to abide by these “Official Rules”. The LLC reserves the right to review and accept only those stories and other submitted materials that comply in all respects with these Official Rules.