CARDS AGAINST HUMANITY FILM FESTIVAL AGREEMENT

By making an Entry (as defined below) and submitting to Cards Against Humanity (“CAH”) a short film (the “Film”) as part of your Entry for consideration for the Cards Against Humanity Short Film Festival (the “Film Festival”), the entrant (“you”) hereby acknowledges and agrees to: (i) the Terms and Conditions and Privacy Policy on the CAH website (https://www.cardsagainsthumanity.com/), (ii) any submission guidelines, policies, or other agreements promulgated by CAH, and (iii) the following terms and conditions set forth in this Cards Against Humanity Film Festival Agreement (the “Agreement”):

1. Overview:   The Cards Against Humanity Short Film Festival gives entrants an opportunity to have their film shared with certain CAH customers. The Film Festival is not live or in-person and will be entirely virtual and remote.

2. Eligibility:  The Film Festival is open to individuals who, as of the date of submission of the Entry, are an age of eighteen (18) years or older.  This Film Festival is void where prohibited. Residents of jurisdictions where this Film Festival is not permitted, or where CAH would be required to register or be restricted in any other way, are not eligible to enter or to win a Prize. The following individuals are not eligible to enter or win the Film Festival: current or former (within the immediately preceding twelve (12) months) employees, officers, directors, and contractors of CAH, and anyone involved in the administration, development, or operation of the Film Festival, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals. The Entry must be received no later than 11:59 pm Pacific Time on July 25, 2023. In submitting an Entry, you agree to the following mandatory conditions: (a) your Film must be between four (4) and forty (40) minutes long (the “Required Length”); (b) your Film must not exceed an “R” rating, pursuant to the Classification and Rating Rules provided by the Motion Picture Association which can be found at https://www.filmratings.com/RatingsGuide; (c) your Film is a final cut and does not include advertisements; (d) if your Film is not in English, then it must have English subtitles; (e) you must first provide a Vimeo or YouTube link in the Entry, and if you make it to the finals, you will need to provide a downloadable, high-resolution, digital film file; (f) your Entry shall not contain any language, imagery, or other content that CAH deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. You acknowledge and agree that CAH reserves the right, in its sole discretion, to disqualify any Entry it deems inappropriate or that does not comply with this Agreement or which otherwise may be in violation of any law; and (g) you acknowledge that a late, incomplete, and/or inaccurate Entry and/or an Entry not complying with this Agreement is subject to disqualification and will not be considered or reviewed and that any form of automated entry, including by the use of macros, scripts, or bots, will be disqualified.

3. How to Enter: You will submit your Entry at www.cahfest.com, where you will also find additional guidelines governing this Film Festival. As part of entering the Film Festival, you are required to: (a) provide details about the Film; (b) provide certain personal information, which may include, but not be limited to, your name, role in Film, email address, phone number, birth date, gender, and street address, (b) submit an original short Film that meets the Required Length and other eligibility guidelines, in addition to other required deliverables set forth herein (an “Entry”), and (c) unconditionally agree to be bound by the decisions of CAH, which are final and binding in all respects.  No confidential or fiduciary relationship is intended or created between you and CAH by reason of an Entry.  As part of the submission, you are required to pay a nonrefundable fee of Forty U.S. Dollars ($40.00 USD) per Entry. You acknowledge and agree that there are no refunds for double submissions or submissions that are disqualified or otherwise not accepted or that do not win a Prize (as defined below). No refunds will be given for any submission that asks to withdraw, regardless of reason. PARTICIPANTS WILL NOT RECEIVE ANY COMPENSATION FOR SUBMITTING AN ENTRY.  

4. Assessment Criteria; Winner Notification: In its sole and absolute discretion, CAH will select a group of individuals (“Reviewers”) that will review the entries, watch the films, and determine which films will make it into the next round for a chance to have their film shared with CAH customers that purchase the MNB (the “MNB Customers”). Then a group of current CAH employees, officers, directors, and/or personnel (“CAH Personnel”) will watch the films selected by the Reviewers and determine, in their sole and absolute discretion, which films should be finalists (“First Round Winners”) and have their film shared with the MNB Customers. First Round Winners will be notified by CAH no later than September 30, 2023, and, in order to be included in the round of finalists, the First Round Winners must provide CAH with the downloadable, high-resolution, digital film file. Each MNB sold will come with access for the MNB Customers to view the selected films and one (1) unique code redeemable for one (1) vote, giving MNB Customers an opportunity, but not the obligation, to vote for their favorite film. Voting by MNB Customers will close no earlier than October 31, 2023 and no later than December 31, 2023, after which the voting code will no longer be valid, provided however that the MNB Customers will still be able to view the films until December 31, 2024.  Notwithstanding any of the foregoing, votes submitted by the MNB Customers (the “MNB Customer Votes”) will not be the sole determinant of what films will win a Prize. After the voting window ends, a group of CAH Personnel will review the selected films and select, based on their subjective opinion and taste, in their sole and absolute discretion, one (1) first place winner to receive the First Place Prize (defined below), one (1) second place winner to receive the Second Place Prize (defined below), and the remaining finalists will receive the Remaining Finalist Prize (defined below) (winners of the First Place Prize, the Second Place Prize, and the Remaining Finalist Prize, collectively, the “Winners”). The MNB Customer Votes will solely be one factor that will be considered by the CAH Personnel in their discretionary determination of which films will win the Prizes. Winners will be notified by CAH no later than December 31, 2023, and will be posted on the CAH website within ten (10) days thereafter. Decisions of CAH are final and binding in all respects and not subject to challenge or appeal on eligibility determinations and all other matters relating to the Film Festival.  Winner selections will be subject to CAH’s verification of Winners’ eligibility.  Potential Winners will be notified by email using contact information provided at the time of entry.  CAH shall have no liability for any Winner notification that is lost, intercepted or not received by the potential Winner for any reason. To claim the Prize, Winners must respond to the notification within forty-eight (48) hours. If any potential Winner does not respond within the time required by CAH, or if any Winner notification is returned as unclaimed or undeliverable to a potential Winner, such potential Winner will forfeit their Prize and an alternate Winner may be selected by CAH.  If any potential Winner is found to be ineligible or if they have not complied with this Agreement or declines the Prize for any reason, such potential Winner will be disqualified and the Prize may be awarded to an alternate finalist.

5. Prize; Prize Conditions:

First Place Prize: One Hundred Thousand U.S. Dollars ($100,000.00 USD)

Second Place Prize: Ten Thousand U.S. Dollars ($10,000.00 USD)

Remaining Finalist Prize: One Thousand U.S. Dollars ($1,000.00 USD)

Each a “Prize” and collectively the “Prizes.”

No Prize substitutions are permitted except at CAH’s sole discretion. The Prize is nontransferable. Any and all Prize related expenses, including, without limitation, any and all federal, state, and/or local taxes and the reporting consequences thereof, shall be the sole responsibility of each Winner. The potential prize Winners must execute an Affidavit of Eligibility / Prize Claim Form. If a Winner fails or refuses to sign and return the Affidavit of Eligibility / Prize Claim Form within seven (7) days of prize notification (or a shorter time if required by exigencies), the Winner may be disqualified and an alternate Winner may be selected. CAH reserves the right to withhold a Prize for any breach of this Agreement.

6. Grant of Rights: If the Entry is accepted by CAH for inclusion in the Film Festival, you hereby grant to CAH, the Film Festival, and any Festival-Related Parties, on behalf of yourself and each of the Film Owners, the irrevocable, nonexclusive, worldwide, royalty-free rights to: (a) exhibit any and all components of the Entry, including but not limited to streaming the Film on www.cahfest.com and/or on CAH’s YouTube channel,  as part of the Film Festival until December 31, 2024; and (b) use the Entry, Film, and any elements thereof, including without limitation clips, stills, titles, and the names, likenesses, images, voice, and biographical information of all individuals associated with the Film, to advertise, promote, and publicize the Film Festival, CAH, and the Film’s inclusion in the Film Festival, all without any payment or other consideration of any kind to you or any third party.

7. Representations and Warranties: By submitting an Entry, you represent and warrant: (a) you are at least eighteen (18) years of age; (b) you are duly authorized, on behalf of yourself and all other persons or entities who have ownership rights, licenses, or interests in or relating to the Entry (collectively, the "Film Owners"), to enter into, and to grant the rights and make the representations, warranties, and other obligations under, this Agreement; (c) the exhibition of the Film or any other component of the Entry in or in connection with the Film Festival, by any and all technologies and means of delivery whether now or hereafter known or devised, will not violate any law or regulation or infringe or otherwise violate any right of any third party, including, but not limited to, any copyright, trademark, or other intellectual property right, any right against defamation, or any right of publicity or privacy. Use of any materials that are not original, in the public domain, or properly licensed for the use intended herein may result in disqualification of the affected Entry and the disqualification from participation in the Film Festival, as determined by CAH in its sole discretion; (d) the Entry, including but not limited to the Film, is free and clear of any pending or threatened litigation, arbitration, or other adversarial claim or proceeding; (e) in connection with CAH's exercise of any rights granted to CAH herein, all necessary licenses and consents have been and will be obtained, all license fees, clearance fees, and other obligations of any kind have been and will be timely paid in full, and the Festival-Related Parties (defined below) will incur no obligations to make any payment to any third party; (f) there is no and will not be any license, lien, security interest, or other encumbrance in or to the Entry, including but not limited to the Film, and there is no and will not be any license or contractual or other obligation, that could conflict or interfere with any of the rights or licenses granted to CAH hereunder; (g) Your Entry does not include content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age; and (h) this Agreement is binding on you and on any parties for which you are acting, and you agree to immediately inform CAH of any changes in ownership, representation or other authority over the Entry or any content contained therein.  

8. Acknowledgements: You understand and acknowledge, on behalf of yourself and the Film Owners, that: (a) the Entry is being submitted voluntarily and without promise or inducement; (b) no fiduciary or confidential relationship or obligation of secrecy: (i) now exists between CAH, on the one hand, and you or the Film Owners, on the other hand; or (ii) is intended or established between CAH, on the one hand, and you or the Film Owners, on the other hand, by my submission, or CAH's receipt, review, or acceptance, of the Entry for inclusion in the Film Festival; (c) no obligation or duty of any kind is assumed by or may be implied against CAH, including without limitation any obligation or duty to accept the Entry for inclusion in the Film Festival, exhibit the Film in the Film Festival, acknowledge the Entry submission, make any kind or type of payment or provide other compensation for inclusion of the Film in the Film Festival, or return any Entry materials; (d) CAH has made no claims, representations, or guarantees, and has provided no assurances, regarding CAH's review process for selecting the projects for inclusion in the Film Festival, and submission of the Entry neither imposes nor creates any obligation or responsibility on the part of CAH, the Film Festival, or any Festival-Related Parties to provide you, the Film Owners, or any other Film-related parties with comments, feedback, or other information concerning CAH's review process; and (e) the Festival-Related Parties shall in no way be responsible or liable for any claims or actions a third party might take against the Film, including but not limited to any claims of infringement of any intellectual property rights, privacy rights, right of publicity rights or any other claims.

9. Waiver of Claims:  To the fullest extent permitted by applicable law, you, on behalf of yourself, the Film Owners, and all other Film-related parties, hereby jointly and severally irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from CAH's exercise of the rights granted under this Agreement, including without limitation the submission, review, exhibition, advertising, and promotion of the Entry and/or Film, and any failure to exhibit the Film, and covenant not to make or bring any such Claims against CAH or the Film Festival, together with each of their parents, subsidiaries, affiliates, successors, officers, directors, employees, attorneys, agents, and representatives (collectively, "Festival-Related Parties"), and forever release and discharge the Festival-Related Parties from liability under such Claims. You acknowledge that you are familiar with Section 1542 of the California Civil Code and similar laws of any state or territory of the United States or other jurisdictions worldwide. Section 1542 of the California Civil Code provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby waive and relinquish any rights and benefits which you have or may have under Section 1542 of the California Civil Code and any similar statute or rule of law in the corresponding and controlling jurisdiction, to the fullest extent permitted by law.

10. Indemnification: You agree, on behalf of yourself and the Film Owners, to indemnify and hold harmless the Festival-Related Parties, from and against any and all Claims arising from or relating to the Entry or CAH's exercise of the rights granted under this Agreement, or arising from or relating to any breach or alleged breach of any representations, warranties, covenants, or obligations made by you or the Film Owners to CAH, the Film Festival, or any Festival-Related Parties, including without limitation any express or implied representations, warranties, covenants, or obligations in this Agreement.  

11. No Equitable Relief; Limitation of Liability: You irrevocably waive, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Without limiting the other provisions of this Agreement, you acknowledge and agree, on behalf of yourself, the Film Owners, and all other Film-related parties, that if any Claims are asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreements set forth herein, and in the further event that an arbitrator or other tribunal permits such Claims to proceed despite the waiver set forth herein, the sole and maximum remedy that could be awarded to any person or entity will be a refund of the submission fee paid to submit the Entry to CAH for consideration for the Film Festival. Without limiting the generality of the immediately preceding sentence, in no event will any other remedies be available to you, the Film Owners, or any other Film-related parties. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE FESTIVAL-RELATED PARTIES, INCLUDING BUT NOT LIMITED TO CAH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT CAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Disputes:  This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by the laws of Illinois, without giving effect to any conflict of law provisions thereof that would result in the application of the laws of a different jurisdiction. Without limiting the other provisions of this Agreement, the parties shall institute any and all controversies, claims, and disputes concerning the Entry, the Film Festival, or arising out of or relating to this Agreement, including without limitation any Claims (collectively, “Disputes”) in the federal or state courts in each case located in Chicago, Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any Disputes. Any Disputes will be resolved according to the procedures set forth in this Section, which will be the sole dispute resolution mechanism hereunder. Any and all Disputes must be submitted to final and binding arbitration (the “Arbitration”) pursuant to the substantive and procedural provisions of the Federal Arbitration Act. The Arbitration must, except as modified herein, be initiated and conducted at the Chicago office of Judicial Arbitration and Mediation Services or its successor (“JAMS”) according to the applicable arbitration rules and procedures, including the optional appeal procedure, in effect at the time the request for Arbitration is made (the “Arbitration Rules”). The arbitrator shall follow Illinois substantive law and the Federal Rules of Evidence in adjudicating Disputes. The Arbitration will be conducted in Cook County, Illinois before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel will be former or retired judges or justices with experience in matters involving the entertainment industry. The parties agree that the costs of the Arbitration will be shared pro rata to the extent permitted by law; provided that the arbitrator will have discretion to award the prevailing party its reasonable attorneys’ fees and costs from the non-prevailing party. The arbitrator’s determination (or the appeal panel under the optional appeal procedure, if applicable) will be final, binding, and non-appealable. The arbitrator will provide a detailed written statement of decision, which will be part of the Arbitration award and admissible in any judicial proceeding to confirm, correct, enforce, or vacate the award. If either party refuses to perform any or all of its obligations under the final Arbitration award (following appeal, if applicable) within thirty (30) days after the issuance of the final award, then the other party may enforce the final award in any court of competent jurisdiction in Cook County, Illinois. The party seeking enforcement will be entitled to an award of all costs, fees, and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the Arbitration and the award, except as may be: (i) necessary to prepare for or conduct the Arbitration; (ii) necessary in connection with a court application for a preliminary remedy or a judicial challenge to an award or its enforcement; or (iii) required by law or judicial decision. Any Disputes or portion thereof, or any claim for a particular form of relief not otherwise precluded by this Agreement, that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Cook County, Illinois.

13. No Obligation to Use: CAH shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and CAH may at any time abandon the use of the any Entry for any reason, with or without legal justification or excuse, and you shall not be entitled to any damages or other relief by reason thereof.  Moreover, no prior, present or future discussion and/or correspondence between CAH and you shall imply any obligation, unless in the form of a written and executed legal agreement and/or deal memorandum.

14. Further Documentation: If CAH desires to secure additional assignments for the Entry or other documents as CAH may reasonably require in order to accomplish the purposes and intents of this Agreement, you agree to sign the same upon CAH’s request therefor.

15. Entire Agreement; Modification: This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement can only be modified in a writing signed by both parties.

16. Severability: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, including but not limited to any state, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement, or invalidate or render unenforceable such term or provision, in any other jurisdiction.

17. General Terms and Conditions:  All federal, state, and local laws and regulations apply, and the Film Festival is void where prohibited. CAH reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Film Festival (in its sole discretion) for any reason or no reason. CAH reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Film Festival or who violates this Agreement. CAH is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entry, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of an Entry or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Film Festival is a violation of criminal and civil laws, and should such an attempt be made, CAH reserves the right to seek damages from any such person to the fullest extent of the law.  CAH is not responsible for any typographical or other error in the printing of the offer, administration of the Film Festival, or in the announcement of the Prize. CAH shall not be responsible for retaining copies of the Entry. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.  CAH’s failure to enforce any provision of this Agreement shall not constitute a waiver of any provision contained herein. The titles of Sections of this Agreement are for convenience only and shall not be given any legal effect.

YOU ACKNOWLEDGE THAT: (A) CAH RECOMMENDS THAT YOU SEEK THE ADVICE OF INDEPENDENT COUNSEL BEFORE SIGNING THIS AGREEMENT; (B) YOU HAVE EITHER HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT COUNSEL BEFORE SIGNING THIS AGREEMENT OR HAVE MADE THE INTENTIONAL DECISION NOT TO SEEK SUCH ADVICE; AND (C) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Notice at Collection

05 June 2023

Cards Against Humanity (“CAH”, “Us” or “We”) is collecting your personal information to check your eligibility to participate in the Cards Against Humanity Short Film Festival (“Film Festival”), contact you with information regarding your participation in the Film Festival, publicly announce winners and participants, deliver prizes (if applicable), promote the Film Festival, and other legitimate business purposes. We may also use information collected from you for aggregate statistics for our business operations.

Upon registration for Film Festival we will ask you to provide the following information: the website for the film, writer(s) name(s), director(s) name(s), producer(s) name(s), cast member(s) name(s), your name, your role in project, your e-mail address, your phone number, your date of birth, gender, and your postal address. Some of this information constitutes personally identifiable information (“PII” or “personal information”).

By submitting this information you warrant and represent that this information is correct and that you have obtained all required permissions to share third-party information, e.g., names and roles of your team members to be publicly credited for the Film Festival.

We will not sell the personal information we collect, nor do we share it with third parties for cross-context behavioral advertising. However, some information will be made public to announce the winners and participants of the Film Festival.

For more information on how we use the collected personal information please see the list of categories listed in the table below. The table also lists, for each category, our expected retention period, and use purposes.

We will retain your information only for as long as is necessary for the purposes set out here, or as otherwise needed to satisfy our legitimate business interests. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, or enforce our agreements. For instance, we may retain your name to mention you as a winner on our websites after the event is over.

If you want us to delete information stored about you or, please contact us at mail@cahfest.com.

For more detailed information on our privacy processes and your rights please consult with our Privacy Policy.