1.        Introduction

1.1    These Terms and Conditions govern (a) Your participation (subject to acceptance of Your Submission by Babel) in the 3rd Edition of the Babelgum Online Film Festival which is currently inviting submissions through the Babelgum website (the "Festival") and (b) the hosting on the Babelgum Service (including web and mobile) (the "Service") and distribution on the Internet of all audio-visual content and related material You may upload as a submission for inclusion in the Festival.

1.2    Each individual item of audiovisual content uploaded by You using the Upload Service (including all metadata, credits and copyright notices) as a submission for inclusion in the Festival is referred to in these Terms and Conditions as a "Submission".

 1.3    In order to upload a Submission to be considered for entry into the Festival, You must also agree to the Uploader Agreement. The terms of the Uploader Agreement will apply to each Submission (and any other items of audio-visual content and related material You may upload as part of the Festival) except to the extent expressly set out in these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Uploader Agreement, these Terms and Conditions shall apply and shall prevail over the Uploader Agreement. Amongst other things, the Uploader Agreement allows Babelgum to exploit Your Submissions on the Service after the end of the Festival, irrespective of whether or not Your Submission receives an Award for the 3^rd Edition of the Festival and/or is accepted for entry into the Festival.

1.4     Capitalized terms not defined in these Terms and Conditions shall have the meaning given to them in the Uploader Agreement, which can be viewed for each category as follows: Animation - Narrative - Nonnarrative - Documentary. Your Submission and each Submission (whether or not it is accepted for entry into the Festival and/or it receives an Award) shall be a "Programme" for the purposes of the Uploader Agreement. The reference to "the Agreement" in Paragraph 16 of the Uploader Agreement shall include both the Uploader Agreement and these Terms and Conditions. 

2.       Submissions and Selection and Eligibility Criteria

2.1     The decision on whether or not to accept a Submission as an entry into the Festival lies solely with Babel, who may reject or accept a Submission in its sole discretion.

2.2    The Submission Form accompanying each Submission must specify the single category in which You wish that Submission to be considered. The categories (each a "Category") in the Festival are:

• Animation 
  
• Narrative
  
• Nonnarrative
  
• Documentary

as more particularly described on the Festival webpages on the Babelgum website (see http://www.babelgum.com/online-film-festival).

2.3    Without limiting Babel's discretion under paragraph 2.1, in order for Your Submission to be eligible to be considered for entry into the Festival, You or Your Submission (as applicable) must meet the following criteria (the "Eligibility Criteria"):

• You and Your Submission must meet the specific eligibility criteria which relate to the Category in which You have made Your Submission. The eligibility criteria for each Category are set out below in the Appendix to these Terms and Conditions;
  
• You must complete all compulsory fields in the Submission Form that accompanies Your Submission;
  
• Your Submission must be in the English language or have English language subtitles;
  
• Your Submission must not contain any material which in the sole opinion of Babel is pornographic or obscene;
  
• You must not place or purport to place any geographical limitations on Babel's distribution of Your Submission;
  
• You must not be an employee of Babel or any other person or entity connected with the creation and administration of the Festival, or in any such employee's immediate family; and
  
• You must also agree to the Uploader Agreement.

2.4   There is no limit to the number of Submissions You can make to the Festival or in any particular Category although there is no guarantee that any Submission will be accepted by Babel. However, each Submission may only be entered in a single Category.

2.5   If any Submission does not meet the Eligibility Criteria or is otherwise not accepted by Babel for entry into the Festival, Babel may still choose to make use of the Submission as described in paragraph 5.3 below but (subject to paragraph 2.6) that Submission will not be entered into the Festival.

2.6     If Babel considers that a Submission does not meet the Eligibility Criteria for the Category in which You have attempted to enter it, Babel may in its sole discretion enter the Submission into a different Category in which that Submission does meet the Eligibility Criteria.

2.7    You represent, warrant and undertake that You have obtained Contributor Release Forms from everybody who appears recognizably in, or makes a noticeable contribution to, Your Submission and You agree to provide such Contributor Release Forms to Babel upon Babel's request. If You fail to provide any Contributor Release Form(s) promptly following Babel's request, we reserve the right to disqualify Your Submission and/or remove Your Submission from the Service. 

2.8     Babel may require You at any time (before or after Your Submission has been accepted as a Festival Entry) on request to provide evidence to verify to Babel's reasonable satisfaction that the information You provided in the Submission Form is true and/or that You or Your Submission meets any relevant Eligibility Criteria. If, following a request, You fail to provide evidence of such matters which is satisfactory to Babel, Babel reserves the right to disqualify Your Submission and/or remove Your Submission from the Service.

3.       The Festival 

3.1     Your Submission will be entered into the Festival only if all of the following three conditions are satisfied:
(a)      it is successfully uploaded to the Service between 12:01 AM GMT on March 11^th 2010 and 11:59 PM GMT on March 28^th 2010 (the "Upload Period");
(b)      it meets each of the Eligibility Criteria; and
(c)      Babel agrees (in its absolute discretion) to accept the Submission as an entry into the Festival in a particular Category.

Each of:

• Your Submissions; and
  
• each other Festival entry by a third party

which is accepted by Babel into the Festival in accordance with the foregoing  shall be referred to in these Terms and Conditions as a "Festival Entry".

3.2     We reserve the right at our discretion to extend the Upload Period and any such extension shall be specified on the Babelgum website.

3.3     Babel will inform You by e-mail whether or not Your Submission has been accepted as a Festival Entry. Your Submission will cease to be a Festival Entry if You are subsequently disqualified in accordance with these Terms and Conditions.

3.4     Each Festival Entry will be displayed within an area of the Service dedicated to the Festival and the particular Category in which it is entered from the later of (i) the date it is accepted by Babel or (ii) the start of the Screening Period. The "Screening Period" shall commence on a date to be announced by Babel on the Babelgum website and shall continue until the end of the Voting Period. On a date between March 28th 2010 and April 2^nd 2010 to be announced by Babel on the Babelgum website, the "Voting Period" will begin and shall continue for at least 15 days until a date to be announced by Babel on the Babelgum website. During the Voting Period, End Users of the Service will be able to vote for each Festival Entry via the Voting Widget. We reserve the right at our discretion to extend the Screening Period and/or Voting Period and any such extension shall be specified on the Babelgum website. For the purposes of these Terms and Conditions, the "Voting Widget" shall mean an online and mobile voting tool which shall permit End Users of the Service to submit votes in respect of Festival Entries.

4.        Awards 

4.1      All Festival Entries will be eligible for the following awards (each an "Award"):

(a)      a Babelgum Online Film Festival Jury Award (1^st and 2^nd Place) - (a "Jury Award"); 
(b)      a Babelgum Online Film Festival Audience Award - (an "Audience Award"); and
(c)      a Stoli Emerging Filmmaker Award - (a "Stoli Emerging Filmmaker Award").
(d)      a Best Viral Short Award – (a “Best Viral Short Award”).
(e)      a Grand Jury Award – (a “Grand Jury Award”).                                                                                                 

4.2    A Jury Award will be awarded to two Festival Entries per Category. If You are a 1^st Place winner, You will receive a cash prize of US $ 3000 (three thousand dollars). If you are a 2^nd Place Runner Up winner, You will receive a cash prize of US $ 1000 (one thousand dollars).

4.3    An Audience Award will be awarded to one Festival Entry per Category. If You are the winner of an Audience Award, You will receive a prize to be determined by Babel and announced by Babel on the Babelgum website.

4.4   A Stoli Emerging Filmmaker Award will be awarded to one Festival Entry per Category. If You are the winner of the Stoli Emerging Filmmaker Award, You will receive a prize to be determined by Stoli and announced by Babel on the Babelgum website. 

4.5   A Best Viral Short Award will be awarded to one Festival Entry selected from all four Categories. If You are the winner of the Best Viral Short Award, You will receive a cash prize of US $ 2000 (two thousand dollars).

4.6   A Grand Jury Award will be award to one Festival Entry selected from all four Categories. If You are the winner of the Grand Jury Award, You will receive a cash prize of US $ 6000 (six thousand dollars)

4.7   The winner of the Jury Awards for each Category will be determined by the Babelgum Online Film Festival Jurors (the "Jurors"). The Jurors will choose the finalists for each Category from a shortlist (provided to the Jurors by Babel) of ten Festival Entries per Category, with each such shortlist determined according to the number of votes received by Babel during the Voting Period via the Voting Widget in respect of each Festival Entry in the relevant Category. The Jurors will determine the winners from the finalists selected, within 2 weeks after the end of the Voting Period. The winners will be notified by email and subsequently will be announced by Babel on the Babelgum website.

4.8   The winner of the Audience Award for each Category will be determined according to the number of votes received by Babel during the Voting Period via the Voting Widget in respect of each Festival Entry in the relevant Category. The winners will be determined within 2 weeks after the end of the Voting Period. The winners will be notified by email and subsequently will be announced by Babel on the Babelgum website.

4.9   The winner of the Stoli Emerging Filmmaker Award will be determined by a panel consisting of Jurors and Babel representatives (within 2 weeks after the end of the Voting Period and in consultation with representatives from Stoli) from all the Festival Entries across all Categories. The winners will be notified by email and subsequently will be announced by Babel on the Babelgum website.

4.10  The winner of the Best Viral Short Award will be determined by a panel consisting of Jurors and Babel representatives within 2 weeks after the end of the Voting Period from all of the Festival Entries across all Categories. The winner will be notified by email and subsequently will be announced by Babel on the Babelgum website.

4.11 The winner of the Grand Jury Award will be determined by the Jurors. The Jurors will choose the winner in consultation with Babel approximately 2 weeks after the end of the Voting period from all of the Festival Entries across all Categories. The winner will be notified by email and subsequently will be announced by Babel on the Babelgum website.

4.12  Babel shall communicate (by means of the Service) any further information on when it intends to announce the winners of the Awards in due course.

4.13 You are entitled to vote in the Festival, but You may not vote for any individual Festival Entry more than once per day. If Babel has a reasonable suspicion that You have voted for any individual Festival Entry submitted by You more than once per day, Babel reserves the right to disqualify You and Your Submission(s) from the Festival.

4.14 If Babel believes that, as a result of any intentional, deliberate or fraudulent act of You or a third party on Your behalf (including without limitation  the use of automated systems developed to simulate human voting via the Voting Widget), voting, streaming or Viewing data relating to Your Festival Entry (or any other entry) is being altered or affected so as to attempt to influence the shortlist for any Award, then Babel reserves the right to disqualify You and Your Submission(s) from the Festival.

4.15 If Your Submission is disqualified from the Festival, that Submission shall not be eligible for any of the Awards and it shall be removed from the area of the Service dedicated to the Festival. However, Babel may (at its discretion) make available any disqualified Submission elsewhere on the Service in accordance with the terms of the Uploader Agreement.

4.16 Notwithstanding the foregoing, Babel reserves the right in its sole discretion to withdraw any or all Award(s) in any Category in the event that there are fewer than fifteen (15) Festival Entries in that Category.

5.      Use of Content 

5.1    In addition to the rights in relation to Your Submission which are granted to Babel when You enter into the Uploader Agreement, Babel shall have the right:

(a)   to create from Your Submission a trailer or trailer(s) consisting of audiovisual excerpts not exceeding 30% of the entire duration of Your Submission or 2 minutes in duration (whichever is the lesser) of, from and/or relating to that Submission (each a "Trailer");
(b)   to include and make available Your Submission as part of the Service in accordance with the Uploader Agreement for a minimum period of two years from the date of upload and You hereby expressly agree that during the period beginning from the date of the commencement of the Festival and until and including June 15th 2010 (the "Festival Period"), You shall have no right to withdraw Your Submission from the Service but after the expiration of the Festival Period You shall have the right to withdraw Your Submission from the Service with thirty days' prior written notice pursuant to Paragraph 10.2 of the Uploader Agreement;
(c)    to promote Your Submission and make it available for viewing in an area of the Service dedicated to the Festival during the Festival Period; and
(d)   to distribute (and authorise others to distribute) all or any part of Your Submission without any geo-blocking or other conditional access technology over the Internet by any means (including without limitation via other websites and/or as a "viral" video and/or via other Internet connected devices) during the Festival Period and during the License Period of the Submission under the Uploader Agreement.

5.2   You will receive the appropriate License Fee in accordance with the terms of the Uploader Agreement in respect of each Submission which Babel makes available as part of the Service.

5.3   Babel may (at its discretion) make available any Submission on the Service in accordance with the terms of the Uploader Agreement even if:

• that Submission is not accepted as a Festival Entry;
  
• the Festival is cancelled for any reason; or
  
• You are disqualified from the Festival.
  

6.      Publicity

You agree to take part in reasonable Festival publicity (during the Festival Period and thereafter) requested by Babel and agree that You may be filmed, photographed or otherwise recorded by Babel or other third parties for this purpose. You agree that Your name, image, likeness, voice and statements may be published throughout the world in any medium now known or in the future devised in connection with Your participation in the Festival and/or in the exercise of the advertising, publicity and marketing rights granted to Babel pursuant to these Terms and Conditions or the Uploader Agreement.

APPENDIX 

CATEGORY ELIGIBILITY CRITERIA 

ANIMATION

In order for Your Submission to be eligible to be considered for entry into the Festival in the "Animation" Category, Your Submission must meet the following criteria:

•  Your Submission must be a short animated film (stop-motion, hand-drawn, CGI, paper-cut, or any other animation technique) which presents a clear, concise and original vision through the use of animation
  
•  Your Submission must not be longer than 5 minutes in duration
  

NARRATIVE

In order for Your Submission to be eligible to be considered for entry into the Festival in the "Narrative" Category, Your Submission must meet the following criteria:

• Your Submission must be a short narrative film (story-based, fictional live-action films in any genre – comedy, horror, drama, etc.) which presents a clear, concise and original vision through the use of the short film genre
  
• Your Submission must not be longer than 15 minutes in duration

NONNARRATIVE

In order for Your Submission to be eligible to be considered for entry into the Festival in the "Non-narrative" Category, Your Submission must meet the following criteria:

• Your Submission must be a short non-narrative film (live-action artists' film and video) which presents a clear, concise and original vision through the use of the short film genre
• Your Submission must not be longer than 5 minutes in duration 

DOCUMENTARY

In order for Your Submission to be eligible to be considered for entry into the Festival in the "Documentary" Category, Your Submission must meet the following criteria:

• Your Submission must be a short documentary film not longer than 15 minutes in duration and be in any documentary style (e.g. observational, presenter-led, narrated, personal, authored storytelling etc.)

BEST VIRAL SHORT

In order for Your Submission to be considered for the "Best Viral Short" Award, Your Submission must meet the following criteria:

• Your Submission must not be longer than 5 minutes in duration
• Your Submission must tell a bizarre, funny, surprising, shocking and/or super engaging story
• Your Submission should have reasonably obvious "viral" potential

STOLI EMERGING FILMMAKER

In order for your Submission to be eligible for the Stoli Emerging Filmmaker Award, Your Submission must meet the following criteria:

• Your Submission must be a short film that displays clear and outstanding achievement through direction ,animation, writing and/or camera work in any of the four Categories
  
• Your Submission must be no longer than 15 minutes in duration.

Notwithstanding whether Your Submission is eligible for consideration for entry into the Stoli Emerging Filmmaker Award, You will not be eligible to receive the Stoli Emerging Filmmaker Award if you reside in the states of California and/or Tennessee in the USA.