Terms and Conditions
All film submissions must be made via FilmFreeway.com. Any content that you submit to us is referred to herein as the “Content.” By entering this contest, you agree to be bound by FilmFreeway’s Terms of Service (https://filmfreeway.com/page/terms-of-service), and you agree that Hiline Productions LLC (“Hiline Productions”) is a third-party beneficiary of your agreement with FilmFreeway. You further agree to the following:
- You represent and warrant to Hiline Productions that: (a) you are the sole author of the Content or have obtained written assignments of the Content from all of its authors; (b) you are the sole owner of the Content; (c) you are duly authorized to permit Hiline Productions to use, reproduce, display, distribute, broadcast, and modify, in Hiline Productions’ sole discretion, in whole or in part, and to make the promises, representations and warranties set forth herein, (d) use of the Content by Hiline Productions will not violate any law or any right or consent of any person or entity; and (e) the Content is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Content the subject of any threat of litigation, arbitration, or other adverse claim or proceeding.
- You further represent and warrant that use of the Content by Hiline as set forth herein will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Content does not and will not constitute or include any defamation of any person or entity. All license fees, clearance fees, and other obligations, of any kind, arising from or associated with the Content have been and will be timely paid in full.
- Your submission of the Content to Hiline Productions in connection with the contest does not and will not create any confidential or fiduciary relationship between Hiline Productions and you. You acknowledge that no obligation of any kind is assumed by, or may be implied against, Hiline Productions in the event of, by virtue of, or as a result of Hiline Productions’ consideration of your submission. You understand and acknowledge that the submission of the Content to Hiline Productions does not and will not in any way constitute an express or implied endorsement or approval by Hiline Productions of the Content or any opinion expressed therein.
- The undersigned agrees to defend, indemnify and hold harmless Hiline Productions, together with its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “Hiline Productions Related Parties”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person or entity, or may be incurred by Hiline Productions, or any Hiline Productions Related Parties, at any time in connection with the Content or Hiline Productions’s use, handling, consideration or exhibition thereof, and/or arising from any breach or alleged breach of any representation made by you to Hiline Productions, or any Hiline Productions Related Parties.
- You warrant and agree that the Content is being submitted to Hiline Productions voluntarily and without promise or inducement, and that the submission of the Content neither imposes nor creates any obligation or responsibility on the part of Hiline Productions, and/or any Hiline Productions Related Parties to acknowledge the submission of the Content, or to return any Content materials to you. You further agree, on behalf of yourself and your employees, agents, representatives, successors and assigns, that, in submitting the Content for consideration, you are jointly and severally waiving, forfeiting, forgoing and relinquishing any right that you might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against Hiline Productions, or any Hiline Productions Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Content, whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreement set forth in the immediately preceding sentence, you, and any other representative or person affiliated with the Content, agree to indemnify Hiline Productions, its officers, directors, agents and employees, from any and all Claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by Hiline Productions and any Hiline Productions Related Parties as a result of or in connection with any such Claim or any action, arbitration or other proceeding brought in violation of the representations and agreements set forth in this submission agreement.
- Without in any way limiting the provisions or scope of the agreements set forth herein, you further agree and accept that, in the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, by you or any other representative of or person affiliated with the Content, in violation of the agreements set forth herein, and in the further event that an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, the sole and maximum remedy that could be awarded to any person or entity asserting any Claim shall be a refund of the submission fee paid in connection with the submission of the Content to Hiline Productions. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to you or any other person or entity representing or affiliated with the Content.
- You hereby grant each of the following rights to Hiline Productions and any Hiline Productions Related Parties without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Content for promotional purposes; (b) the right to issue and authorize publicity concerning the Content and all personnel related to the Content; (c) the right to use the names, likenesses and biographical information of all Content personnel, including, without limitation, director(s), producer(s), writer(s), cast member(s) and crew in connection with the Content; and (d) the right to use, reproduce, display, distribute, broadcast and modify the Content in furtherance of the above purposes, in Hiline’s sole discretion. You acknowledge and agree that this license includes the right to sublicense to Hiline’s customers and/or users the right to download the Content. The license granted herein is worldwide, perpetual, irrevocable and royalty-free.
- You are agree that Hiline Productions has no responsibility whatsoever to provide any fringe or other benefits to anyone appearing in or involved in producing the Content, regardless of whether that person is your employee or independent contractor, and you agree to defend and indemnify Hiline Productions, its officers, directors, agents and employees, from and against all such Claim, in accordance with paragraphs 4-6 above.
- You warrant and agree that Hiline Productions has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by Hiline Productions with respect to selection of contest winners, and that the submission of the Content neither imposes nor creates any obligation or responsibility on the part of Hiline Productions, or any Hiline Productions Related Parties, to provide you or any Content- related parties with comments, feedback or other information pertaining to the viewing or consideration of the Content by Hiline Productions.
- You warrant and agree that by submitting the Content to Hiline Productions, Hiline Productions and all persons employed by, contracted by, or otherwise directly associated with Hiline Productions are deemed to have been granted the irrevocable right to view and/or download all digital assets associated with the Content, including, but not limited to, any representation of the Content in the form of video files, still images, assets streamed via the Internet, and/or all other assets and information provided by you.
- You represent that if you are younger than the legal age to enter into contracts in the state of the undersigned’s principal place of residence, Hiline Productions has been provided with signed, written consent from the undersigned’s parent or legal guardian. You agree that all content submitted by you complies with YouTube’s policies for the protection of minors whose likeness or image may appear in the Content.
- Without in any way limiting the provisions or scope of this submission agreement, you agree that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Content, or these Terms and Conditions, including, without limitation, any Claim (as this term is defined above) and any other claim or cause of action of any nature arising from the actual or alleged breach, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of Montana and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Bozeman, Montana, which shall be the sole and exclusive forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall issue a written award and, subject to the terms of paragraph 6 hereof, shall have the right to award monetary relief. The undersigned specifically agrees and acknowledges, that the arbitrator shall not have the power to award punitive or exemplary damages, nor to award any injunctive or non-monetary relief. The arbitrator shall have the power to award, and shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and JAMS administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, you hereby waive, forfeit and relinquish, any right or entitlement that you might otherwise have had to bring or litigate any claim or claims in any federal or state court against Hiline Productions, or any Hiline Productions Related Party, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.
- You hereby acknowledge that you have read and understood the rules for submitting Content to Hiline Productions, located at ______________________________, and that the information contained in such rules does and shall supersede any information obtained elsewhere, including, but not limited to, information contained in any current Frequently Asked Questions (FAQ) documents.
- You hereby acknowledge that you have the right to consult with an attorney of your own choosing with respect to these Terms and Conditions and the contest rules. By completing the submission application for Hiline Productions’ consideration, you acknowledge and agree that you are doing so after having consulted with an attorney or having freely or voluntarily elected not to do so without coercion or duress.
- By completing the submission application for the Hiline Productions contest, you freely and voluntarily give and express full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. You acknowledge and agree that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to you by Hiline Productions or any Hiline Production Related Parties.