The 2009 Screenwriter’s Challenge
(herein, the “Competition”, the “Contest”, or the “Screenplay 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: Ó2009 NYC Midnight Movie Making Madness, LLC. All Rights Reserved. No copying, distribution, or any other use of these materials or the pictures, descriptions, 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 1st Round Screenplay Rules”
(Official 2009 Screenwriter’s Challenge Rules & Participation Agreement – 1st Round)
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 2009 Screenwriter’s Challenge,” and the intended creation by Entrant of a short screenplay as within-described, as part of that 1st Round 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 1st Round of The 2009 Screenwriter’s Challenge, which will be conducted by the LLC and is currently scheduled to take place between April 17 and April 25, 2009. These Official 1st Round Screenplay Rules (herein, “Official Screenplay Rules”) apply to The 2009 Screenwriter’s Challenge and to each and every Entrant who enters the Screenplay Competition.
2. Rules and Communications - Any Entrant that enters a screenplay in this Screenplay Contest or otherwise communicates with NYC Midnight Movie Making Madness, LLC (the “LLC”) regarding this Screenplay 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 1st Round of the Screenplay Contest (collectively, “Communications”) which the LLC may in the past, present, or future issue, distribute, post, or otherwise make available (collectively, “Communicate”) to prospective Screenplay 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 screenplays (hereinafter, “Entries” or “Entered Screenplays”) by the mail or by other electronic means; and rather, relies upon word-of-mouth within the screenwriting and film communities to foster further recognition of the Screenplay Contest and a resulting adequacy of the number of quality Entries.
3. Entry Fee & Entry Deadline - The Entry Fee is US$35 on or before Thursday, March 5, 2009 (“Early Entry Deadline”) and US$45 after March 5, 2009 until the final entry deadline of April 16, 2009 (“Final Entry Deadline”). The entry fee must be received in full by the LLC on or before the Final Entry Deadline of April 16, 2009 to participate in the 2009 Screenwriter’s Challenge. 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 2009 Screenwriter’s Challenge online registration form, to the e-mail address identified in online registration form, confirming the corresponding Entrant’s registration in the Competition.
4. Exercise of Skill - This Screenplay Contest, including its 1st Round activities, requires an exercise of skill, only, and is NOT a game of chance in any respect whatsoever.
5. Screenplay Heats - Each properly-registered Entrant will be placed into a “Screenplay Heat” which will include a number of other Entrants against whom the so-placed Entrant will initially compete. There will be 20 Screenplay Heats. If there are an overwhelming number of entries, as determined by the LLC in its sole discretion, the number of Screenplay Heats may be increased to a maximum of 40 Screenplay Heats to reduce the number of Entrants in any one Screenplay Heat to a smaller number. Each Screenplay Heat will be assigned a “Subject” and “Genre” (“Screenplay Subject and Genre Announcement”) chosen by the LLC. No Entrant shall gain any advantage based upon the Screenplay Heat, Subject, or Genre to which they are assigned. Each of the Entrants has, at the outset, an equal chance of winning their Screenplay Heat, subject to the requisite exercise of skill cited hereinabove. All other individuals who have entered the 2009 Screenwriter’s Challenge, and who are not selected as “1st Round Finalists” at the end of the 1st Round, shall be considered to have lost the 2009 Screenwriter’s Challenge, 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 Screenplay Contest participant (“Participant”) shall be the Entry Fee paid by the Participant (not including any costs of production of any screenplay which such participant may bear), minus the Participant’s Grand Prize 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 Grand Prize.
6. Genre & Subject Announcement - All Screenplay Heats and their corresponding Screenplay Subject and Genre Announcements will be posted on www.nycmidnight.com, at approximately 11:59 PM (NYC Time) on April 17, 2009. By way of illustration only, some past examples of Subject and Genre Announcements have been as follows: Genre: “Comedy”; Subject: “Competing Lemonade Stands”; or, Genre: “Horror”; Subject: “A Family Reunion”. (In the current Year 2009 Screenplay Contest, however, Subjects shall be different than the above-stated examples. Please do NOT use the above or other now-outdated examples when writing your screenplay, as the LLC bears no responsibility for any such mishaps!!!) The list of potential genres is Action/Adventure, Comedy, Crime Caper, Drama, Fairy Tale, Fantasy, Ghost Story, Historical Fiction, Horror, Monster Movie, Mystery, Political Satire, Romance, Romantic Comedy, Sci-Fi, Spy, Suspense, Thriller, Western and Open Genre.
7. Subject And Genre Compliance - In order for an Entrant to qualify as a potential “1st Round Finalist” of the 2009 Screenwriter’s Challenge, each Entrant’s Entered 1st Round Screenplay must be within the assigned Genre, and the plot must revolve around the assigned Subject. All decisions as to compliance with the Screenplay Subject and Genre Announcement are within the sole discretion of the LLC; and any such decisions by the LLC are final, conclusive, and binding upon all Entrants.
8. Creative Development - All “Creative Development” must take place within the window of time between: (A) the date and time of the Screenplay Genre and Subject Announcement on April 17, 2009; and (B) the 1st Round Screenplay Submission Deadline of 11:59PM (NYC Time) on April 25, 2009 (hereafter, the “1st Round Screenplay Window”). “Creative Development” includes, but is not limited to, writing an ORIGINAL logline and short screenplay, from first draft to final draft, within the 1st Round Screenplay 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 Screenplay Entry Fee. All decisions as to compliance with the 1st Round Screenplay Window 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.
9. Preparations - The ONLY work that may take place in connection with the Screenplay Contest prior to the date and time of the Screenplay Subject and Genre Announcement, is the preparation, execution, and submission of required documents to NYC Midnight Movie Making Madness, LLC.
10. Screenplay Format Requirement – The LLC must receive one (1) copy of the completed screenplay as a .pdf (Adobe Acrobat) or .doc (Word document) adhering to the following format requirements. The LLC reserves the right to reject any Entry for failure to observe any format requirements.
ELECTRONIC FILE – The screenplay must be sent as a .pdf (Adobe Acrobat) or .doc (Word document). The name of the file must be as follows : “Your Heat Number”_“The Title of your Screenplay”. For example, if you were in Heat number 15 and the title of your screenplay was “Tennis”, then the name of your screenplay must be saved as “15_Tennis.pdf” or “15_Tennis.doc”
FONT - Each individual screenplay must be typed in “12 point Courier” or “12 point New Courier” typeface – ONLY.
TITLE PAGE - The Title Page of the Final Round Screenplay must only contain the TITLE of the screenplay and the LOGLINE.
LOGLINE - The Logline must be a maximum of 2 sentences and a minimum of 1 sentence (and no longer than one-half page in length). The Logline serves as a brief description of the screenplay.
ANONYMITY - The author’s name must NOT appear anywhere in the screenplay, including the title page.
LENGTH - The maximum length for each individual screenplay is 15 pages. The minimum is 1 page. All pages must be numbered. Any screenplays which are “loaded” or otherwise “packed” with text beyond reasonable spacing and margins may be disqualified by the LLC at the LLC’s sole discretion. In interpreting the foregoing, the LLC shall observe the following rules regarding spacing of screenplays:
-Double space between slug line, action line and speaking characters.
-Single space action lines and lines of dialogue.
11. 1st Round Screenplay Submission Format & Deadline – All scripts must be submitted electronically via e-mail and uploaded on nycmidnight.com. The submission details, including the link to the file upload form and e-mail address to send the scripts will be announced on www.nycmidnight.com and e-mailed to every registered participant on April 17, 2009. The completed 1st Round Screenplay must be received by 11:59PM (NYC Time) on April 25, 2009. All Entries that are not received by the LLC by April 25, 2009 will not be reviewed and will be ineligible for the 2009 Screenwriter’s Challenge.
12. Screenplay Copyright / Registration - Although it is not necessary for the Screenplay Competition, all Entrants may want to register their screenplay and/or other materials with the U.S. Copyright Office (www.copyright.gov) and/or the Writers Guild of America (www.wga.org). The LLC may receive many screenplays adopting similar perspectives on the same Screenplay Subject and Genre Announcements, 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 Screenplay Competition.
13. Disqualifications - The LLC reserves the right to disqualify any Entrant or Entered Screenplay that does not comply with these Official 1st Round Screenplay Rules and other Screenplay Contest requirements from time to time communicated by the LLC.
14. Judges - The 1st Round judges for the Screenplay Competition shall be individuals with experience in the motion picture industry, such that they are qualified to select winning screenplays, 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 Screenplay 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 Screenplay 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.
15. Judging Criteria & Decision of the Judges - The fixed standard and criteria used by each of the 1st Round Judges shall be instructed by the LLC to the Judges, and shall be as follows:
20% Format (Grammar, Spelling and Adherence to Paragraph 10 – Screenplay Format Requirement)
80% Story (Writing, Originality, Character Development, and Plot Development)
The same Judges may be used for several Screenplay Heats, but not for each and every Screenplay Heat. The LLC reserves the right to vary the Judges on a Screenplay Heat-by-Screenplay Heat basis. Each Judge shall total all scores for each 1st Round Screenplay and then share his/her rulings with the other Judges. Each of the Judges shall advise the LLC in writing of: (A) The “Screenplay Heat Winner” for each Heat; (B) The 1st Runner-Up of the Heat; (C) The 2nd Runner-Up of the Heat; (D) The 3rd Runner-Up of the Heat; and (E) The 4th Runner-Up of the Heat. Runners-Up shall not be entitled to Subsidies or any prize other than nominal recognition and identification as “Runners-Up” with the exception stated in paragraph 16. Unanimity of the Judges’ decision is not required - only a simple majority. 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 5 Entrants identified in (A) through (E) above are chosen and informed to the LLC. Please note that the LLC will be unable to provide individual feedback and/or reviews of submitted 1st Round Screenplays or other materials. 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.
16. 1st Round Finalists - The “Screenplay Heat Winner” from each Heat will be named a 1st Round Finalist. In addition, the Judges shall choose up to (40) “1st-Runner-Up” Screenplays to be named as 1st Round Finalists in addition to the Screenplay Heat Winners for the purpose of rewarding exceptional 1st-Runner-Up Screenplays. The Judges shall also choose up to (20) “2nd-Runner-Up” Screenplays to be named as 1st Round Finalists in addition to the Screenplay Heat Winners and exceptional 1st-Runner-Up Screenplays for the purpose of rewarding exceptional 2nd-Runner-Up Screenplays. Announcing 1st-Runner-Up and 2nd-Runner-Up Screenplays as 1st Round Finalists is in the sole discretion of the LLC, and by no means requires the LLC to choose additional 1st Round Finalists other than the above mentioned Screenplay Heat Winners.
17. 1st Round Winners Announcement - All 1st Round Finalists will be announced by June 1, 2009 via e-mail and on www.nycmidnight.com (hereinafter, the “Website”), on a posting to the Website. Each 1st Round Finalist MUST then re-confirm in writing (to be received by the LLC) their intention to participate in the 2nd Round of the Screenplay Competition (wherein 1st Round Finalists will compete for the Screenplay Contest Prizes by writing an original short screenplay within 24 hours); and may be required to submit a signed “2nd Round Screenplay Participation Agreement” to be RECEIVED by the LLC by June 3, 2009. If no such re-confirmation is given by the 1st Round Finalist and received by the LLC and no signed Final Round Screenplay Participation Agreement (if required) is received by the LLC by the above deadline, the LLC reserves the right to offer the 1st Round Finalist’s spot in the Screenplay Competition’s 2nd Round to an alternate Entrant.
18. Prizes & Taxes - Entrant hereby acknowledges that participation in the 2nd Round of the 2009 Screenwriter’s Challenge 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 2009 Screenwriter’s Challenge. Taxes on any awards for the 2009 Screenwriter’s Challenge, and any other consideration awarded in the Screenplay 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 1st Round Screenplay Rules per Rule 20 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).
19. Issuance Of Prizes. Any awards / prizes will be forwarded to the Entrant as listed on the 2009 Screenwriter’s Challenge Online Registration Form within thirty (30) calendar days after the later of: (1) the completion of the 2009 Screenwriter’s Challenge, 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 2009 Screenwriter’s Challenge Online Registration Form. It is the sole responsibility of Entrant to distribute any such prize evenly among any additional participating writers, if any.
20. 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 Screenplay 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 Screenplay; (B) any third-party or other claim of violation of any personal right or proprietary right in connection with the Entered Screenplay, 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 Screenplay Contest or any Entered Screenplay; (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 Screenplay, Entrant, or third-party in connection with this Screenplay Contest, and any other liability of any kind or nature arising out of any participation in the Screenplay Contest.
21. 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 Screenplay Contest and in connection with any Entered Screenplay. 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 Screenplay Contest in which each Entrant is intending to take part.
22. 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 Logline of Entry on www.nycmidnight.com, through the LLC’s mailing lists, and press releases for publicity purposes, when announcing the 1st Round Finalists, Runners-Up, and Grand Prize Winner of the 2009 Screenwriter’s Challenge. By entering The 2009 Screenwriter’s Challenge, 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 1st Round Screenplay Rules or otherwise in connection with this Screenplay 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.
23. Screenplay 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 Screenplay 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 Screenplay 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 Screenplay Contest may occur. Accordingly, the LLC reserves the right to make such changes to this Screenplay Contest and/or these Official 1st Round Screenplay Rules and other Communications (“Screenplay 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 Screenplay 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 1st Round Screenplay 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 Screenplay Contest.
24. Not A Talent Agency - The LLC is an entity which conducts this Screenplay 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.
25. Void Where Prohibited, And Applicable Laws - This Screenplay Contest Is Void Where Prohibited. This Screenplay 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 Screenplay Contest (absent appropriate parental written consent and good cause shown therefore in the LLC’s sole discretion); nor may any person enter this Screenplay Contest who does not have the legal right or capacity to specifically agree to and contract with the LLC with respect to the Screenplay Contest and these Official Rules. By entering this Screenplay 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 Screenplay 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 Screenplay Contest; and (B) there is no contractual or other legal obligation or other issue that would militate against the entry of the corresponding Entered Screenplay into this Screenplay Contest, or against such Entrant in engaging in activities relating to this Screenplay Contest.
26. 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 Screenplay Contest, or any materials otherwise distributed to or intended to be distributed to or by Entrants in connection with this Screenplay 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 Screenplay 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 Screenplay Contest, the LLC reserves the right at its sole discretion to disqualify any Entrant that tampers with this Screenplay Contest, its Official Rules, and/or its and their procedures; and the LLC may terminate, modify, or suspend the Screenplay Contest as a result.
27. 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 Screenplay 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 Screenplay 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.
28. Monitoring - The LLC has the right but not the obligation to monitor the creation and/or submission of any Entered Screenplay 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.
29. 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 Screenplay 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 Screenplay 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 Screenplay 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 Screenplay Entry Fees received from the Entrants participating in the 1st Round, 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 Screenplay 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 1st Round Finalist or Screenplay Grand Prize 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.
30. Administrator - The Administrator of this Screenplay 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 Screenplay 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  calendar days after the date of the selection of the 1st Round 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.
31. Times - All times given herein and otherwise are New York time, unless expressly indicated otherwise herein.
32. 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.
33. Documentary, If Occurring - In addition to and without limitation to the grant of rights in Paragraph 22 hereinabove, Entrant hereby acknowledges that a “Making of The 2009 Screenwriter’s Challenge” film (hereinafter, the “Documentary”) may be shot during the 1st Round and/or 2nd Round of the Screenplay 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 1st Round Screenplay. 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 1st Round Screenplay Rules”. The LLC reserves the right to review and accept only those screenplays and other submitted materials that comply in all respects with these Official 1st Round Screenplay Rules.