OFFICIAL 2023 KINO SHORT FILM FEST RULES, TERMS, CONDITIONS

RULES, TERMS, AND CONDITIONS FOR SUBMITTING TO THE 2023 KINO SHORT FILM FEST

The following constitutes an Agreement to the KINO Short Film Fest Rules, Terms, and Conditions (“Agreement”) governing the submission of individual short film & television projects (hereafter referred to as the “Project” or “Projects”) to KINO Tech, Inc. (hereafter referred to as “KINO”) for consideration for the 2023 KINO Short Film Fest (hereafter referred to as “Fest”), an event that may take place live, digitally/online, or any combination thereof over a period of time in or at locations to be determined.

By submitting a Project to KINO, the individual or entity consents to and agrees to all of the following without exception. Amendments to the following may be made at any time and such amendments will be made available at www.kino.studio. 

The individual or entity submitting the Project (hereafter called the “Applicant”) acknowledges that they have obtained consent from any and all other persons or entities who have any ownership rights, licenses or interests (including, without limitation, intellectual property rights or distribution licenses) and/or other authorized representatives of the Project (collectively and separately hereafter called the “Project’s Owners”) whose consent is required to submit the Project to KINO, and has read and understood the submission rules and regulations set forth below:

 

RULES FOR SUBMISSION OF A PROJECT TO THE KINO SHORT FILM FEST:

1. The Fest is open globally with no restrictions based on residency or location; applicants must abide by local laws regarding intellectual property, age, consent, content, etc. when submitting.

2. Applicants must submit all files at www.kino.studio (or FilmFreeway), pay any and all fees and/or maintain an active Pro membership to remain in consideration for Judge’s and People’s Choice Awards.

3. All entries must be 20 minutes or less and in English or - SUBTITLED, DUBBED, unless special arrangements have been made with the festival.

4. All films selected for screening grant KINO the right to showcase, stream, or otherwise distribute Projects on, but not limited to, the KINO App, www.kino.studio, and KINO social media channels, however KINO reserves the right to withhold showcasing, streaming, or otherwise distributing Projects at KINO’s sole discretion.

5. KINO is not responsible for any lost, stolen or damaged entries; exceptions to the festival regulations must be authorized by one of the Fest Directors employed by KINO.

6. Multiple entries in a single festival are permissible, but each entry must be accompanied by a separate entry form and fee, unless subscribed as a KINO Pro member, and then three free entries are permissible with unlimited discounted further submissions; submissions made on behalf of other individuals or groups are strictly prohibited; all applicants must be actively involved in the creation, filming, and production of the Project that they have submitted to KINO for valid consideration.

7. All fees are nonrefundable, and KINO reserves the right to disqualify any submission at any time for violation of these rules, terms, and conditions, or for any other good cause.

8. Projects do not need to retain any sort of premiere status. U.S. and International Projects do not forfeit their eligibility for submission to the Fest if they were previously exhibited theatrically or via any home video platform, made available for digital download, broadcast or streamed on television or the internet, or screened at any number of Fests anywhere in the world.

9. The Judge’s Choice award is selected by judges who are chosen at KINO’s sole discretion, and all details as to selection decisions are confidential; the prizes include $25,000, film premiere, and chance to adapt into feature film.

10. The People’s Choice award is won by the highest votes as tallied in the KINO app where free and BTS users can vote or boost votes; all app user voting details are confidential; the prizes include $5,000, film premiere, and chance to adapt into feature film.

 

TERMS AND CONDITIONS FOR SUBMISSION OF A PROJECT TO THE KINO SHORT FILM FEST:

Copyright, Trademark and Indemnification

It is the sole responsibility of the Applicant to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Project.

KINO expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third-party claims for copyright infringement. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any copyrighted content or material. Applicant shall fully indemnify and defend KINO, the Fest, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

It is the sole responsibility of the Applicant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Project.

KINO expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third party claims for trademark infringement, trademark dilution or unfair competition. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any trademarked content or material. Applicant shall fully indemnify and defend KINO, the Fest, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

It is the sole responsibility of the Applicant to clear all content of the Project from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, lack of parental consent for inclusion of minors, compensation to models and actors, name/image/likeness rights, and breach of express or implied contract (“Third Party Claim(s)”).

KINO expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Project that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is or may become the subject of any Third Party Claims. Applicants warrant that the use of the rights granted here and of any material supplied by Applicants will not violate the rights of any third party. In the event that any Third Party Claim(s) shall be asserted by any person or entity, Applicant shall fully indemnify and defend KINO, the Fest, and each of their representatives and affiliates from any liability in connection therewith and from any and all fees and expenses, including but not limited to attorneys’ fees, that each of any of them may incur in connection therewith.

Any and all Releases and Hold Harmless Agreements contained herein shall bind Applicant’s assigns and any representative. Applicants understand that KINO, its employees, partners, and sponsors are relying on these Releases and accordingly, Applicants hereby irrevocably waive any and all rights to seek or obtain any injunction or other equitable relief against KINO, its officers, agencies, employees, partners, and sponsors.Applicants further release, discharge and agree to hold harmless KINO, its officers, agencies employees and sponsors, from and against any liability as a result of any use, distortion, blurring or alteration that may occur or be introduced in any use or broadcast of the material.

Non-English Submissions & Subtitles

Applicants submitting Projects that contain significant non-English spoken dialogue should provide on-screen English subtitles. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that contains significant non-English spoken dialogue that does not include accompanying on- screen English subtitles. Applicants may submit Projects that contain some non-English spoken dialogue without on-screen subtitles as an artistic choice.

Manner of Submissions and Grounds for Consideration 

All video files for all Projects submitted to KINO for Fest consideration must be via direct digital upload at www.kino.studio or FilmFreeway. KINO cannot ensure that all FilmFreeway files will be automatically transferred to KINO, and KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from Applicant, any Project that is not submitted to KINO via direct upload or another approved means.

It is the sole responsibility of the Applicant to ensure that any Project submitted to KINO for Fest consideration is viewable in its entirety. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is not viewable due to any technical issue, whether the fault of the Applicant or any third-party system.It is the sole responsibility of the Applicant to ensure that their project’s submission status on www.kino.studio is fully completed or is listed as “In Consideration” on FilmFreeway.com no later than 11:59pm on the final day of the current deadline window. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any and all submissions that are not complete at that time. Applicant may re-submit the same project to another deadline window, if applicable. In the event that the Applicant remits an updated version of the Project to KINO after having submitted a previous version of the Project to KINO during the same calendar year, KINO is under no obligation to view any or all of the updated version of the Project.

In order to be considered by KINO for The Fest, the Applicant must complete the submission form located at www.kino.studio or at FilmFreeway. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is not submitted or delivered via one of the above-mentioned links. KINO reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with a submission form that is considered to be delinquent due to the non-payment of any or all submission fees. KINO may attempt, but is under no obligation, to contact the Applicant using the contact information provided on the submission form in an effort to bring the payment status of the account up-to- date. KINO disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant and inform the Applicant of any payment delinquency or other deficiency of a submission form.

Winning & Terms of Consideration 

Upon completion of the Fest selection process, KINO will attempt to contact the Applicant using the contact information provided on the submission form to notify the Applicant of the Project’s winning status. KINO disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant using the contact information provided on the submission form. It is the sole responsibility of the Applicant to ensure that the contact information provided on the submission form is correct throughout the entirety of The Fest selection period as clearly stated on the Film Fest web page located at www.kino.studio. 

KINO is under no obligation to provide to the Applicant or any other representative of the Project any comments or feedback regarding the submitted Project, any information relating to the manner in which the Project is, will be, or was reviewed; any views that KINO or any reviewers of the Project may hold concerning the Project; any reasons why the Project, should it not be accepted for exhibition at the Fest, was not accepted; or any other information relating to the Fest’s review, consideration and/or selection process regarding the Project specifically or submissions generally beyond the information set forth in these Rules and Regulations. KINO disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback regarding any submitted Project that are or may be obtained by the Applicant or any other representative of the Project; any communications by any representative of KINO or the Fest relating to the Project or The Fest selection process; the manner in which the Project shall be, is or was considered and reviewed; the identity or identities of any specific reviewers of the Project; and/or any failure on the part of KINO or the Fest to provide the Applicant or any other representative(s) of the Project with information concerning KINO’s consideration and/or review of the Project.

KINO reserves the right to refuse to consider any submission at KINO’s discretion.

General Guidelines, Programming, and Distribution 

All Projects accepted into the Fest are subject to our Fest programming guidelines, as are posted from time to time on the KINO app, at www.kino.studio, and on KINO social media channels. Applicant agrees that any Project may be included in both our in-person and online Fest programs. The selection and scheduling of Project exhibition is at the sole discretion of KINO. Should Applicant decline to present the Project or Projects in any manner deemed necessary by KINO during the Fest, Institute reserves the right to rescind any or all acceptance invitations previously given to the Applicant, either verbally or in-writing, without refund of any or all submission fees previously collected from the Applicant.

All applicants grant KINO, its employees, and its sponsors the full and free right and permission to use Projects for broadcast, duplication, and advertising in association with KINO, for the purpose of viewing on television, in theaters, on the internet, on the KINO app and website, on sponsors’ websites, podcasting and/or for archival purposes and for any other valid, lawful purpose in any and all media now known or hereafter developed or devised, worldwide and in perpetuity. Further, all Applicants hereby given consent to and agree to the unlimited use in any and all formats of their Projects at www.kino.studio, on the KINO app, on KINO social media platforms, and any other platform or listing at KINO’s sole discretion. Applicants hereby grant KINO a revocable, unlimited, worldwide license to display, stream, and otherwise distribute Projects on the KINO App, www.kino.studio, KINO socials, and any other digital or physical location according to KINO’s discretion. Non-winning Applicants may revoke this license at any time by emailing contact@kino.studio, however revocation will result in disqualification.

Winning Applicants, including any finalists and prize-winners, grant KINO an irrevocable, unlimited, worldwide license to display, stream, and otherwise distribute Projects on the KINO App, www.kino.studio, KINO socials, and any other digital or physical location according to KINO’s discretion. Winning applicants may email contact@kino.studio to request limitations on distribution for good cause shown.A copy of Projects may still be kept for archival purposes. Applicants waive any right to inspect or approve the finished videotape, sound track, photograph, advertising copy, audio piece or printed matter that may be used or to the eventual use that it may be applied.

Compensation & General Terms

Applicants waive any and all rights to compensation for any broadcast, duplication, and advertising of any Project submitted to KINO. All ownership of all Projects remains with the personnel who contributed to the Project. In exchange for the Releases and Terms agreed to herein, Applicants receive the opportunity to have Projects showcased, streamed, and otherwise distributed by KINO across KINO’s several channels, and accept that there is no promise of additional payment, in any form for likeness, image, biography, recording, equipment, or for any other contribution by Applicants related to KINO or the Fest now and in perpetuity, unless so otherwise agreed by KINO in KINO’s sole discretion.

All applicants by submitting a Project hereby certify that the Applicant is of age to submit and competent to contract in their own name. If the Applicant is consenting on behalf of an organization, the Applicant certifies that the Applicant has the authority to do so and that the Applicant’s consent binds the organization and its performers to all elements of this contract.

This Agreement shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements entered into and carried out entirely within California. Applicants agree that any and all disputes or controversies arising under this contract or any of its terms shall be resolved under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its Los Angeles, California office; provided, however that Applicants agree that remedies for any breach of this contract by KINO, its officers, agencies, employees and sponsors will be limited to damages to an action at law to recover and in no event will Applicants be entitled to rescind or terminate this agreement or to seek injunctive or any other equitable relief.

This contract is the entire agreement between the parties hereto, and replaces and supersedes any prior agreement or understanding, verbal or written, with respect to the subject matter hereof. No amendment, addendum, modification or waiver of this contract or any portion hereof shall be valid unless contained in a writing signed by both parties hereto.

By submitting a Project, all Applicants agree to have read the foregoing release and authorization and agreement before submitting Applicant’s entry fee and submission, and warrant that the Applicant fully understands and agree to the contents thereof.