- Eligibility: The Fox Soul’s Screening Room / HBCU Pitch Contest (“Contest”) is only open to college/university students who are: (i) currently enrolled in an HBCU college or university (full-time or part- time) that is accredited as an HBCU by a nationally recognized accrediting agency or association determined by the U.S. Secretary of Education; (ii) residing in one of the fifty (50) states of the U.S. and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) currently physically located therein; (iii) eighteen (18) years of age or older as of the date of entry; and (iv) who have either a valid Social Security number or a valid U.S. Individual Taxpayer Identification Number. Employees of Otter Creek Productions, LLC (“Sponsor”), Fox Media LLC, Fox Soul’s Screening Room, Enteractive Solutions Group, Inc. (“Contest Administrator”), Sullivan Compliance Company, participating stations, streaming services, cable operators, multiple service operators, their advertising or promotion agencies, those involved in the production, development, distribution, implementation or handling of the Contest, any agents acting for the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with the Contest (collectively “Contest Entities”) are ineligible to enter the Contest. Immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent) and/or any person, whether related or not, living in the same household of an individual affiliated with a Contest Entity are also ineligible to enter the Contest.
- Contest Overview: The Contest entry period begins on October 21, 2021 at 12:01 a.m. Pacific Time (“PT”) and ends on February 1, 2022 at 11:59 p.m. PT (“Entry Period”). The Contest consists of a skill-based competition whereby an entrant will be invited to present his/her/their concept/idea in the form of a one (1) minute pitch submitted on video (“Pitch Video”) for an upcoming film project he/she/they would like to create. Entrants should create their Pitch Video about a short film he/she/they plan to shoot (including, but not limited to: scripted, unscripted, animated, documentary, and experimental). The entrant is defined as the person who is the “creator” of the content/concept/idea contained in the Pitch Video, who physically completed the act of entering; who submitted his/her/their Entry Information; and who intends to complete the project he/she/they is pitching (“Entrant”). There are two (2) judging phases in this Contest. Each Entrant’s Pitch Video will be judged based on the Pitch judging criteria set forth in section 5 below. Up to ten (10) finalists (“Finalist(s)”) who received the highest scores for their Pitch Video(s), will be invited to attend an “Interview” with producers (either in-person or via a video call) and each Interview will be judged based on the producer’s Interview judging criteria (as more fully described and defined in section 5 below). The Entrant who receives the highest score for their Interview will be deemed the grand prize winner (“Grand Prize Winner”). For all purposes of this Contest, the Sponsor’s computer is the official clock, and all times refer to PT.
- How to Enter: Prospective Entrants are invited to visit https://foxsoul.tv/events/HBCU-contest (“Website”) during the Contest Period and provide access to his Pitch Video via a link (i.e. Dropbox, Google Drive, etc.) in MP4 or MOV format, and (if applicable) the password to view his/her/their Pitch Video.
IMPORTANT: Entrants must make sure his/her/their video account privacy settings are enabled so that Sponsor’s designees can access the link and view his/her/their Pitch Video.
Entries must be received by 11:59 p.m. PT on February 1, 2022. Limit one (1) Entry per person during the Entry Period.
No Entry by group or organization. All required Entry Information must be completed in full, be current, accurate, and valid. The Entry Information must match the information of the Entrant that completed the act of physically entering the Contest. If an Entrant is from a jurisdiction that deems him/her/them to be a minor, he/she/they must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information.
If an Entrant’s family member (or another person that the Entrant personally knows) appears in the Pitch Video (“Subject”) or was the non-professional videographer, writer, editor, crew member, or cast member (each a “Contributor”), the Entrant must represent and warrant that he/she/they has obtained permission from each Contributor to use his/her/their “likeness” and/or “Contribution” to the Pitch video and that each Contributor has granted the Entrant the rights described in these Official Rules. If a minor is a Contributor, the Entrant must be the age of majority and the minor’s parent or legal guardian or have obtained the minor’s parent/legal guardian’s consent to use (as applicable) Minor’s name, likeness, biography, statements, actions, contributions, representations, and stories in Entrant’s Pitch Video. For the purposes of this Contest, a minor is defined as a resident of Alabama or Nebraska who is under nineteen (19) years of age, or a resident of Mississippi who is under twenty-one (21) years of age (“Minor”). All legal responsibilities under these rules of any person deemed to be a minor are assumed by such minor’s parent/legal guardian. Only the Entrant is eligible for the prize. Contributors are not eligible for the prize. By submitting an Entry, each Entrant confirms the accuracy and veracity of the statements, content, and information contained therein. Proof of submitting an Entry will not be deemed by the Sponsor as proof of entry into the Contest. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins, or any other methods other than as described herein, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that Entrant’s Entry and he/she/they may be disqualified. If Entrants use a web-enabled mobile device to participate, data rates may apply (Entrants should contact their service provider for data rates/plans). Entrants should use care and not drive while entering the Contest. The Website may not be accessible from all mobile phones, handheld devices, and/or tablets. If an Entrant experiences any issues entering, he/she/they should access the Website from a desktop or laptop computer.
- Entry/Material Agreement and Requirements: Each Entrant’s Pitch Video, Entry Information, and Interview (if such Entrant is selected as a Finalist) (collectively “Material”) must adhere to the following guidelines and requirements:
- The Pitch Video must be wholly original, be the Entrant’s own creation and the Entrant warrants that he/she/they is the “creator” of the content/concept/idea contained in the Pitch Video as well as attest that he/she/they has secured all necessary rights relating to its use and the use of the content contained within the Pitch Video.
- The Pitch Video should be about a short film the Entrant would like to (and plans to) shoot (including, but not limited to: scripted, unscripted, animated, documentary, and experimental).
- The Pitch Video must be presented in the English language and not exceed one (1) minute in length. If the Pitch Video exceeds one (1) minute, only the first one (1) minute will be judged.
- The Pitch Video must be in one of the following formats: .MP4, or .MOV file.
- The Pitch Video must not contain the first name, last name, phone number(s), address, website, email address, and/or any other personal information of any person other than the Entrant unless vital to the concept/idea in the film project the Entrant is creating (to be determined in Sponsor’s sole discretion).
- The Pitch Video must not have been previously entered in any competition or contest; won any award prior to submission in this Contest; and must not have been previously published, performed, presented, or otherwise exhibited.
- The Entrant (and/or any Contributor to his/her/their Pitch Video) must not be a professional videographer, writer, actor/cast member, or editor, or crew member. For purposes of this Contest, a professional is an individual who receives payment for his/her/their services.
- The Material must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, or vulgar material and must be otherwise fit for viewing/publication/posting/uploading/downloading, as determined by Sponsor in its sole and absolute discretion.
- The Material must not include language, phrases, quotations, hashtags, trademarks, logos, artwork, products, or brand names (not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties. However, Sponsor (in its sole discretion) reserves the right to waive or modify any such representations if the Entry is otherwise eligible.
- The Material must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- The Material must not contain any elements that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities; or (d) encourages acts of violence or dangerous stunts/behavior.
- The Material must not disparage the goodwill or business reputation of the Sponsor or any of the Contest Entities.
- The Material must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof unless vital to the concept/idea in the film project the Entrant is creating (to be determined in Sponsor’s sole discretion).
- The Material must not include obscenities or other objectionable material that defames or invades the publicity, or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party’s personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
- Entrants agree that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her/their Material.
The Sponsor has the right to disqualify any Entrant’s Entry that does not adhere to the above requirements, that is not reasonably pertinent to the judging criteria (described in section 5 below) or is otherwise in violation of these Official Rules as determined by the Sponsor in its sole and absolute discretion.
Judging and Notification/Verification: There are two (2) separate judging stages in the Contest. Round 1 Judging that will determine up to ten (10) Finalists and Round 2 Judging which will determine the Grand Prize Winner as more fully described below.
Round 1 Judging: On weekdays beginning on or about October 22, 2021 and continuing until on or about February 18, 2022 during business hours (“Round 1 Judging Period”), all eligible Pitch Videos will be judged by representatives of the Sponsor (“Pitch Judges”) whose decisions are final and binding in all respects. Each individual eligible Pitch Video will be judged according to the following judging criteria and scoring system: 1) “Concept” (33%); 2) “Originality” (33%); and 3) “Creativity” (33%) (collectively “Pitch Judging Criteria”). Up to ten (10) Entrants who receive the highest scores based on the Pitch Judging Criteria will be declared the potential Finalists (subject to verification and compliance with these Official Rules). In the event of a tie, the Entrant whose Pitch Video received the higher score for “Creativity” will be declared a potential Finalist. In the event of a further tie, the Entrant whose Pitch Video received the higher score for “Originality” will be declared a potential Finalist. In the event of a further tie, Sponsor in its sole discretion shall choose the Finalist based on an evaluation of which Pitch Video is superior overall, taking all Pitch Judging Criteria into consideration. Judges have the right, in their sole discretion, to select less than ten (10) Finalists based on an insufficient number of potential eligible Entries received.
Finalist Notification and Verification: Up to ten (10) potential Finalists (or his/her/their parent/legal guardian if he/she/they is a Minor) will be notified by the Sponsor or Sponsor’s designee at the phone number/email address listed on his/her/their Entry after the Round 1 Judging process is complete and be required to (i) provide proof of part-time or full-time student status attending the HBCU college/university submitted on his her entry (e.g. college/university I.D.) and provide any additional documentation that the Sponsor or Sponsor’s designee may require; and (ii) confirm an Interview date and time during the Round 2 judging period that will be conducted between February 21, 2022 and March 4, 2022 (“Round 2 Judging Period”). Interviews may be conducted either in-person or via a video calldepending on the city/state the Finalist resides and the proximity of the Producer(s) location. In-person Interviews will have no advantage over video call Interviews. If a potential Finalist cannot be reached within the time frames listed above, is he/she/they is found to be ineligible, or if he/she/they cannot or does not comply with these Official Rules, such potential Finalist will be disqualified, and the Finalist whose Entry received the next highest score will be selected as a potential Finalist (in Sponsor’s sole discretion). The Interview must be scheduled by March 4, 2022. Failure to schedule an Interview within this timeframe (or any attempt to cancel/re-schedule an Interview) will disqualify a potential Finalist.
Round 2 Judging: Each Finalist’s Interview will be judged by representatives of the Sponsor (“Producer(s) Judges”) during the Round 2 Judging Period based on the following judging criteria: “Vision for Project” (50%); “Plan for How Money Will Be Spent” (20%); and “Filmmaking Background and Career Aspirations” (30%) (“Producer’s Round Criteria”). The Finalist who received the highest Round 2 score based on the Producer’s Round Criteria listed above will be deemed by Producer(s) and the Sponsor as the Grand Prize Winner (subject to verification of eligibility and compliance with these Official Rules). In the event of a tie, the Finalist whose Interview received the highest score for “Vision for Project” will be declared the Grand Prize Winner. In the event of a further tie, the Entrant whose Interview received the higher score for “Filmmaking Background and Career Aspirations” will be declared a potential the Grand Prize Winner. The Grand Prize Winner will be announced on or about March 7, 2022.
Grand Prize Winner Notification and Verification: The potential Grand Prize Winner (or his/her/their parent/legal guardian if he/she/they is a Minor) will be notified by the Sponsor or Sponsor’s designee by telephone on or about March 7, 2022. The potential Grand Prize Winner will be required to sign and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release (collectively “Affidavit/Release”), an IRS Form W-9, and any other documentation that the Sponsor or Contest Administrator may require including but not limited to a legible copy of his/her/their government-issued photo identification within three (3) business days after receipt, or such potential Grand Prize Winner may be disqualified. The potential Grand Prize Winner may return his/her/their fully executed documents by email, fax, or by mail. Faxed and/or emailed documents have the same force and effect as the originals. By returning the completed Affidavit/Release, the Grand Prize Winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If the Grand Prize Winner is from a jurisdiction that deems him/her/them to be a Minor, the Grand Prize will be awarded in the name of his/her/their parent/legal guardian, who must sign the Affidavit/Release (and provide any other required documentation) on his/her/their behalf. If the potential Grand Prize Winner fails to sign and return his/her/their documents within the required time period (as applicable above), such potential winner forfeits any prize eligibility despite having possibly been announced as the “Grand Prize Winner”.
- Prize: One (1) Grand Prize will be awarded in the Contest. The Grand Prize Winner will receive a five- thousand-dollar ($5,000) cash prize awarded in the form of a check made out in the Grand Prize Winner’s name for the purpose of completing (or put toward the completion of) his/her/their film project. The approximate retail value (“ARV”) of the Grand Prize: five-thousand-dollars ($5,000). The Grand Prize is not transferable. All expenses associated with the receipt or use of the Grand Prize not specifically mentioned as being included are excluded and is the sole responsibility of the Grand Prize Winner. The Grand Prize will only be mailed/shipped to street addresses in the U.S. and D.C. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from the Contest or award of the Grand Prize will be the sole responsibility of the Grand Prize Winner. The Grand Prize Winner will receive an IRS Form 1099-MISC from the Sponsor or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year won. Any depiction of the Grand Prize in promotional materials or otherwise is for illustrative purposes only. Final eligibility for the award of the Grand Prize is subject to eligibility verification as set forth in these Official Rules. The Contest Administrator is not the supplier or guarantor of the Grand Prize.
- Rights in Submissions: In consideration of each Entrant’s Entry being reviewed, judged, and evaluated for this Contest, each Entrant grants the Sponsor and any entities affiliated or in privity with the Sponsor the non- exclusive, royalty-free, irrevocable rights to use, reproduce, edit, copy, delete, publish, display, distribute, transmit, translate, adapt, modify, electronically alter, use, assign, dispose, make derivative works, and otherwise exploit the Entry and to incorporate it in other works in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity. Each Entrant represents and warrants that such Entrant has the sole and exclusive right to grant such rights to Sponsor, and that Sponsor’s reproduction, publishing, displaying, broadcasting, posting, and/or other use of such Entrant’s Entry will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, personal, moral, proprietary, or publicity rights, anywhere in the world. Each Entrant agrees that Sponsor shall have no obligation to copy, publish, display, broadcast, post, or otherwise exploit such Entrant’s Entry.
Each Entrant agrees that the results and proceeds (if any) of Sponsor’s use of such Entrant’s Entry shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to such Entrant. Each Entrant agrees to irrevocably assign and transfer such Entrant’s Entry (non-exclusively) to Sponsor which such Entrant now has or may have in the future have to his/her/their Pitch Video. Each Entrant and each winner release the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith.
- General Conditions: The Contest is governed by all applicable federal, state, and local laws, and by these Official Rules. By entering the Contest, each Entrant agrees and acknowledges to be bound by these Official Rules, as well as the decisions of the Sponsor/Contest Administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Official Rules; to indemnify and hold harmless the Contest Entities from any and all liability resulting or arising from the Contest or the use of any submitted Entry; and to release all rights to bring any claim, action, or proceeding against the Contest Entities. Once submitted, Entries become the sole property of Sponsor and will not be returned. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for the prize. If, for any reason, the Contest is not capable of running as originally planned, the Sponsor in its sole discretion, reserves the right to cancel, suspend, or modify the Contest or any portion(s) thereof and instruct the Sponsor’s designee(s) to judge the Entries and award the prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prize in a manner that is fair and equitable and notice of such action will be posted on the Website. In case of a dispute over the identity of an Entrant who submitted the winning Entry, the authorized account holder of the college/university email address associated with that Entry will be deemed the Entrant. Said person must be the Entrant, comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the college/university email account.
- Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Contest, each Entrant agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Entrant; acceptance/possession, use/misuse, and/or defects of the prize awarded herein; typographical errors in the Contest promotional material; technical malfunctions of the telephone network, computer online system, voting system, computer dating mechanism, computer equipment, software, “Submit” mechanisms, internet service provider(s); interruption or inability to access the Contest, Website, banners, tabs, or any online service or link (or Sponsor’s/Contest Administrator’s inability to access content, Entry Information, and/or open the link to view a Pitch Video) via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile/tablet device, and/or its contents related to or resulting from any part of this Contest or from entering or downloading materials/software in connection with the Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to:
(1) any wrongful, negligent, or unauthorized act or omission on the part of prize supplier(s) or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and/or affiliated companies. Entrants hereby acknowledge that the Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Dropbox, Google and each of their respective affiliates, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded. Dropbox, Google and its affiliates have not offered or sponsored this Contest in any way. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, demonstrations, riot, earthquake, terrorism, act of public enemies, strikes, epidemics, pandemics, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation, shall be governed by and construed in accordance with the substantive laws of the U.S. State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, U.S. before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the Entrant(s) bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (collectively the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees, and other expenses to the same extent as if the matter were being heard in court). Each Entrant agrees that his/her/their claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; and, under no circumstances, will an Entrant be entitled to awards. Each Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void by a tribunal of competent jurisdiction, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. Entrant (including anyone acting on Entrant’s behalf) shall have no right to enjoin or prevent the exploitation of any Pitch Video provided by Entrant to Sponsor hereunder.
- Rules/Winner Information: To receive a copy of these Official Rules or the Winner Information, send a self- addressed stamped envelope to: Fox Soul’s Screening Room / HBCU Pitch Contest “Rules” or “Winner” (specify which), FOX TV STATION 10201 W. Pico Blvd #88/157, Los Angeles, CA 90064. All requests must be received by May 6, 2022. The Official Rules will be posted at https://foxsoul.tv/events/HBCU-contest during the Contest.
- Sponsor: Otter Creek Productions, LLC, 1999 S. Bundy Drive, 3rd Floor, Los Angeles, CA 90025.
- Contest Administrator: Enteractive Solutions Group, Inc., 1612 W. Olive Avenue, Suite 300, Burbank, CA 91506.