For Submitting Independent Scripts
The 2018 BSI Monthly Script Competition (a.k.a. the MSC, Competition, Event or Promotion”) are open to writers worldwide who are eighteen (18) years or older at the time of entry. Participants can only submit projects not worked on by Brilliant Stories Inc. (BSI), d/b/a BSI Monthly Script Competition, its employees, or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, or distribution of the Competition / Promotion and their immediate family including but not limited to spouse, parents and relatives. The Competition / Promotion are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules (the Rules) and Brilliant Stories Inc. (BSI), BSI Monthly Script Competition decisions, which are final and binding in all matters related to the Competition / Promotion. Winning a Cash Prize(s) or Award as defined below in Section 8, is contingent upon fulfilling all requirements set forth herein.
BSI Monthly Script Competition is sponsored by Brilliant Stories Inc. also known as BSI, a California corporation. Brilliant Stories Inc., and divisions are the sole organizer and owner of BSI Monthly Script Competition BSI principal place of business is at: Marina Towers, 4640 Admiralty Way, 5th Floor, Marina Del Rey, CA 90292. Brilliant Stories Inc. (BSI) (a.k.a. “Sponsor,” “BSI,” “we” or “us” it's affiliates and divisions) do not guarantee a script will get offerings including but not to; funding, purchase, option, produce or license a script. Your acceptance of these terms is agreed to by emailing us your script, and agree to the costs, terms and conditions that are associated with the services stated within. It is also agreed that delivery of these services do not guarantee your project will be; licensed, invested in, sold or produced by BSI, BSI affiliate, a 3rd party, network/cable station, studio or investor. Additionally, and in accordance with our policy, once work has begun there are no refunds of fees or payments for services that have been provided.
3. The starting dates for BSI /MSC
The Registration date for the Competition begins on November 09, 2018 at 12:00 a.m. Pacific Standard Time (PST) and ends at the discretion of BSI and may end without notice. The Competitions' sponsor’s computer is the official time keeping device for this Competition.
4. HOW TO ENTER/ ENTRY FEE
Remittance of the Entry Fee as stated on the Competition website during the Competition is subject to change without notice. Remittance of the Entry Fee together with your completed submission form and at least one (1) script or manuscript entitles you to participate in the Competition and shall constitute your entry (“Entry”) in the Competition. Any form of entry other than that described herein is void. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or entries, which will be disqualified. All Entries are destroyed or deleted after the conclusion of the Competition for privacy purposes.
5. SCRIPTS & MANUSCRIPTS
As part of each Entry, there is no limit to the number of scripts or manuscripts one person can submit. The Script must be your original creative work, and you hereby warrant and represent that you are the sole and exclusive owner of all right, title and interest in and to the Script and/or have obtained prior written authorization or license to submit the Script from any and all third-party rights holders therein. You are prohibited from submitting any Scripts that have previously been produced at any time, or are currently under option, and you warrant and represent that the Script has never been produced by anyone at any time and is not under option or sold at time of entry.
6. WINNERS SELECTION
On the dates set forth below, Sponsor or an independent judge will select Entries for the Prizes described below in Section 8. The finalist entrants (the “Finalists”) will be selected from among the entrants based upon the level of creativity, marketability, originality, and entertainment value. Winners and the Finalists will all be judged on the above criteria. Inquiries concerning Entries will not be responded to. The Winners and finalists will be contacted using the email addresses and/or telephone numbers provided on the corresponding Entry Forms. Awards and Prizes are subject to verification of eligibility and compliance with the terms of these Rules. Sponsor’s decisions as to the administration and operation of the Competition / Promotion and the selection of potential winners are final and binding in all matters related to the Competition. Winners will be notified approximately 14 business days after the announcement of closing the competition has been made. Failure to respond to the initial verification notification within fourteen (14) days or return of notification attempts will result in disqualification.
POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION / PROMOTION.
7. VERIFICATION OF POTENTIAL WINNERS
Potential Winners must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. The potential Winners may and/or will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited by law) in order to claim their respective Prizes. If a potential Winner of any Prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period or if the Prize or Prize notification is returned as undelivered, the potential Winner forfeits the Prize. In the event that a potential Winner of a Prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate Winner from among all remaining eligible Entries.
For all Prizes: see website for current prize details. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed Cash Prize or Award for one of equal or greater value for any reason. Within (14) days after receiving each Winner’s affidavit of eligibility and liability/publicity release, Sponsor will email the winner’s prize(s). Winners are responsible for all taxes and fees associated with Cash Prizes and Awards. Monetary amount of Cash Prizes and/or extent of Awards/Services winners are awarded are subject to change without notice.
For this Monthly Script Competitions only Awards will be given out: Prizes and Awards are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed Prize or award for one of equal or greater value for any reason. Within (30) days after receiving each Winner’s affidavit of eligibility and liability/publicity release. If prize constitutes a service, sponsor will email the winner’s award and/or for cash prize(s) arrange a payment option mutually agreed to by both parties. All Winners are responsible for all taxes and fees associated with Cash Prizes and Awards.
Rules that apply to all Prizes & Awards, Including Monthly Awards:
a. Projects are awarded development prizes based on no specific criteria and at discretion of BSI.
b. Prizes awarded cannot be exchanged or substituted for cash or another prize.
c. All monthly winners are still eligible to submit current and future monthly competitions.
d. Monthly winners will be asked but are not obligated to post having won their awards on their LinkedIn, Facebook or other social media site.
e. No cash prizes will be given to monthly winners.
f. BSI reserves the right to change the conditions of awards, rules and/or discontinue these awards at any time.
g. Each month or bi-monthly a script will be chosen for our script polish, development and submission to 3rd parties.
h. All rules, dates, prizes and awards may be changed at any time and at the discretion Brilliant Stories Inc, with or without notice to all participants and entrants. Winner of development award will be offered a deal agreement to have their script developed and marketed by BSI. The extent, terms and conditions for the development and marketing of the script are at the discretion of BSI and an agreement must be read and agreed to prior to any work or marketing service is provided. The terms and conditions are not negotiable. Once contestant agrees to the terms and conditions of the agreement, the script may be added to a slate of projects being submitted to investors and/or network executives open to reviewing or accepting the script for evaluation. The name of these contacts, including but not limited to investors, networks and cable station executives will not be made available to contestant including but not limited to anyone without approval of the executive producer for BSI. The terms and conditions for developing and/or submitting a project will be set by BSI and are non-negotiable. There are no cash prizes or awards that can be substituted or exchange for this prize. These rules and guidelines apply to all awards including but not limited to current and future development, marketing awards and cash prizes.
The extent of our assistance will be determined by our executive producer. If there is assistance being asked for that is not beyond our willingness to provide, BSI will provide that service at a reduced rate.
Scripts that are chosen as winner of this competition will be considered for inclusion in a slate of projects being submitted to investors for funding and/or network/cable station executives for licensing, based on the terms and conditions set by BSI. For a script to be included in a “slate” by BSI, it must meet BSI's development standards before it is submitted. BSI will set those standards for each individual project.
As stated in the rules contained herein, BSI has the sole discretion to change dates, alter or cancel any cash prize or award being offered in this competition.
9. ENTRY CONDITIONS AND RELEASE
By entering, each participant agrees that they enter this Competition under their own free will and to: (a) comply with and be bound by the Rules and the decisions of the Sponsor, which are binding and final in all matters relating to the Competition (b) participant indemnify, defends and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Competition / Promotion and/or entrant’s acceptance, use or misuse of Cash Prizes or Awards. (c) indemnify, defend and hold harmless the Sponsor and its divisions/affiliates from and against any and all claims against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights arising out of or relating to a participant’s Entry, participation in this Competition. (d) participant releases and hold harmless the Sponsor, its parent, subsidiary and affiliated companies, from and and/or acceptance or use or misuse of Cash Prizes or Awards; such release will not apply to any commercial exploitation of the Script by a Released Party in violation of your rights under applicable copyright law; and (e) participant indemnifies, defend and hold harmless the Sponsor their divisions/affiliates from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in this Competition and/or entrant’s acceptance, use or misuse of Prize.
11. REPRESENTATIONS AND WARRANTIES
You hereby warrant and represent as the writer, entrant, and/or participant shall defend, indemnify and hold harmless Brilliant Stories Inc. including but not limited to; their subsidiaries, affiliates, officers, directors, agents, employees, sponsors, 3rd party financial participants and television or other exhibitors (collectively, “Indemnified Parties”) against any and all claims, arising in connection with the writing, exploitation or distribution of the Results and Proceeds of written work submitted as his/her original works and/or ownership, including but not limited to the following: you are the exclusive owner and sole author of the Script/intellectual property, such that the property is your original creative work and your submission thereof will not infringe, misappropriate or violate the intellectual property, privacy or other rights of any third party; and/or you have obtained prior written authorization to act on behalf of any co-creators of the Script; Neither your execution of this agreement nor your participation of in the Competition, including your submission of the Script, will conflict with or violate any term or condition of any other agreement to which you are a party, including but not limited to any union or guild regulation; There are no threatened, pending or current claims, actions or lawsuits in connection with the Script and you agree to notify BSI /MSC or BSI immediately upon your notification of any such claims, actions or suits;
You are submitting the Script voluntarily on a non-confidential basis. You are at least eighteen (18) years of age; and you have the right, authority, and capacity to enter into this agreement, and you agree to abide and be bound by the terms and conditions herein.
12. CHOICE OF LAW AND DISPUTE RESOLUTION
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by binding arbitration in accordance with the rules and procedures of American Arbitration Association /, as said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made a part of this Agreement by reference. The parties agree to arbitrate such matter with finality before and in accordance with the rules of the American Arbitration Association under its jurisdiction in Los Angeles, California, before a single arbitrator familiar with entertainment law. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys' fees and expenses. The arbitration will be held in Los Angeles, California, and any award shall be final, binding and cannot be appealed. The Parties agree to accept service of process in accordance with the American Arbitration Association Rules. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
13. INTELLECTUAL PROPERTY RIGHTS
By accepting your Entry, including your submission of the Script, Brilliant Stories Inc.(BSI), BSI Monthly Script Competition a subsidiary of BSI, its employees, or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, or distribution of the Competition in no way grant you the participant, entrant additional rights therein or otherwise expand the scope of your rights under applicable copyright laws. You are solely responsible for protecting your rights in the Script / manuscript and/or materials, including without limitation, for filing or registering the Script, manuscript and/or materials with the Writers Guild of America and/or the United States Copyright Office. You acknowledge and agree that Brilliant Stories Inc.BSI Monthly Script Competition and/or any participating judges may be independently accessing or currently developing separate creative concepts and/or works which resemble the Script, or may be accessing or incorporating concepts, themes, formats, plot lines, or characters similar to those in the Scripts and Manuscripts, and that you are not entitled to any compensation and have no rights of any kind with regards to that separate material. However, you retain all rights to the Script, Manuscript itself and any other creative materials submitted to the Competition / Promotion. Participant / entrant accepts and agrees to all of the terms and conditions of the Submission Release Form hereby is an addendum to these official rules and all terms and conditions contained therein also are an extension of these rules.
14. INDEPENDENT CONTRACTORS
Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein
15. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Competition, cash prizes, awards and/or any part of it terms and conditions; if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control, impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of the Competition / Promotion or to be acting in violation of these Rules or any other Competition / Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition / Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
16. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition / Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Competition / Promotion; (4) technical or human error which may occur in the administration of the Competition / Promotion or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition / Promotion or receipt or use or misuse of any Prize.
17. ENTRANT’S PERSONAL INFORMATION
Information collected from participants will not be shared or sold to anyone for the purpose of advertising or Competition / Promotional purposes.
18. COMPETITION RESULTS
For Competition results, visit the website on or after a date to be announced and at discretion of BSI. Also, Winners may or may not be posted. If Winners agree their names and projects may be made public and posted to the Competition website.
Submission Release Form
If you do not agree to the terms and conditions of our submission release agreement, do not submit your materials.
Submission Release Agreement
This submission agreement (the "Agreement") is a binding agreement between BlueStar Studios Inc., also known as Agreement, "us", "we", including but not limited to its subsidiaries, affiliates and partners including but not limited to BSI, BSI Films, BSI Film Services and NewLine Script Competition. The person submitting their project(s) to us are also known as “you” writer, owner, or, if applicable, the individual, company or other legal entity with written permission to act on behalf of the owner of the materials being submitted. This Agreement includes the terms of the Brilliant Stories Inc. Entire Agreement, which also contains limitations of liability, governing law and other provisions relevant to all your activities under this Agreement. This Agreement sets forth our submission policies for any intellectual property, including but not limited to any script, concept, screenplay, video, or other content ("Content") that you submit to BSI using the content submission tool we provide on our website or other portal(s) we designate as being authorized by BlueStar Studios Inc., including but not limited to its subsidiaries, divisions, affiliates, partners or anyone in writing and approved by BSI as being designated as an associate of BSI.
By clicking the box stating, "I Agree to the terms of service." You are confirming agreement and acceptance to entering into this Agreement including but not limited to on behalf of a person, company or other legal entity. You also represent that you have the legal authority to bind yourself, the owner, person(s), company or legal entity to this Agreement. If you do not have the authority, or if you do not agree with the terms of this Agreement, you must not confirm acceptance and DO NOT submit any materials, or content to BSI.
2. Purpose of this Agreement
This Agreement does not grant us rights to create a television series, movie, or other work based on your Submission. The specific rights you grant to us are for a private review.
2.1. A "Submission" is original content, such as a script, including but not limited to any concept, screenplay, video, or other content that is wholly new to BSI when it is submitted. A Submission can be based on or contain elements of a public domain work, but that work must be public domain in all countries worldwide, and only your original contributions (like new dialogue you create) will be considered your Submission, not any element from the public domain work.
2.2. This Agreement is a “Private Submission." A Private Submission is a submission you submit to us for private review using a tool we provide to you on our website(s) or portal(s) for doing so. Private Submissions will not be publicly displayed on BSI.
3. Authority to Enter Into this Agreement. For BSI to function well, it's crucial that you have the right to enter into this Agreement and to grant us all of the rights described in this Agreement. Your confirmation that you have these rights are confirmed by your clicking the box stating, "I Agree to the terms of service."
3.1 You represent and warrant that you are at least 18 years old (or the age of majority where you reside, whichever is older), and can form a legally binding contract by accepting a contract online (without exchange of paper), and have the full right, power and authority to enter into and comply with your obligations under this Agreement.
3.2 You acknowledge that your activities on BSI, including those under this Agreement, are subject to the terms and conditions set forth in this agreement and/or other stated conditions on any of the websites herein or associated with BlueStar Studios Inc., including but not limited to its subsidiaries, affiliates and partners including but not limited to BSI, BSI Films, BSI Film Services and NewLine Script Competition, and you represent and warrant that you are in compliance with the terms of this Agreement.
3.3. If you submit any materials to BSI, you represent and warrant that you are legally entitled to do so because:
3.3.1. You are the sole author or creator of the Submission, or
3.3.2. You are the sole holder of rights in the Submission because all rights in the Submission have been assigned or transferred to you.
4. Representations, Warranties and Covenants. You further represent and warrant the following with respect to any Submission you submit:
4.1 You have obtained all rights of publicity to any cast members or other individuals appearing in your Content;
4.2 You have obtained all rights necessary to use any music in your Content and are in compliance with all licenses to use the music in your Content;
4.3 you have obtained all rights necessary to use the locations or premises in your Content;
4.4 you have obtained all rights necessary to use any images or footage recognizable in your Content and are in compliance with all licenses to use such images and footage;
4.5 neither your Content nor the exercise of the rights you grant in this Agreement will infringe or violate any copyrights, contract rights, rights of privacy or other rights of any person or defame any person;
4.6 if your Content is based in whole or in part on the life of any real person, you will identify that during the submission process.
4.7 Our exercise of the rights you grant under this Agreement will not give rise to any obligation to pay you or any third party any royalty or other payment.
4.8 If your Content is appropriate only for viewers 17 and older, you will identify the Content as such during the process using the means we provide for doing so.
4.9 Your Content is free and clear of any pending or threatened litigation; and
4.10 Your Content complies with this Agreement and for any reason for submitting your project to BSI and anyone connected to BSI, including but not limited to any event, competition, festival, and contest, and complies with the conditions, guidelines and rules posted on this website or any website associated with BSI you are submitting your project to.
5. Grant of Rights from You to BSI for Original Properties.
5.1. Private Submissions. The following provisions apply to any Submission you submit to BSI as a Private Submission:
5.1.1. Review. Your submission will be subject to review by us. You grant us the right to review and consider your Submission and, in connection therewith, share the Submission with our subcontractors engaged in review and, together with our subcontractors, annotate your Submission.
6. Similar Content. Given the open nature of BSI, BSI participants may develop and submit scripts, movies, shows, and videos that are similar to each other. In order to prevent legal claims that could be disruptive to BSI, BSI participants and impede the ability of BSI scripts, movies, shows and videos to be developed and released, you agree to irrevocably and forever waive any legal claim you may have under any theory of law in any territory, including, without limitation, copyright infringement or breach of implied in fact contract (idea submission), that your rights were infringed due to any similarity between your Content and any other content that is or may become available on BSI, unless there is substantial similarity of protectable expression under United States copyright law between your Content and the other content and the other content includes a verbatim copy of a material portion of your script or other written material, if your Content is a script or other written material, or a re-use of a material portion of footage from your movie, show or other video if your Content is a movie, show, or other video. Note that the Agreement includes additional waivers of claims related to Content that apply to the BSI Parties, as defined in Section 11.4 below.
7. No Obligation to Make Available or Use. We have no obligation to make any Content available on BSI or to otherwise use it in any way. If we make any Content available on BSI or otherwise commence exploitation, we may remove it from BSI and cease further exploitation at any time in our sole discretion.
8. Compensation. You will have no right to compensation in connection with the exploitation of rights you grant under this Agreement.
9. Cumulative Rights. All rights you grant under this Agreement are cumulative and we may exercise or refrain from exercising any one or more of them separately from, simultaneously and/or in connection with any other rights you grant us or with any rights we obtain from other sources. In addition, if any grant of exclusive rights you make to us is deemed invalid or to be less than exclusive, we will, nonetheless, fully have a non-exclusive license to use the Content as authorized in this Agreement permissible under law.
11.1. Relationship of the Parties. You will perform under this Agreement as an independent. Nothing in this agreement will be deemed to constitute you as an employee, including but not limited to an affiliate, joint venture or partnership between the parties. Neither party will have the right to bind the other in any manner.
11.2. Affiliates. All rights you grant to us may be exercised by us or by any of our employees, divisions, affiliates, subcontractors or sub-licensees.
11.3. Assignment. You will not assign any part or all of this Agreement without our prior written consent. Any attempt to assign in violation of this section is void in each instance. We may assign any or all of our rights or obligations under this Agreement to any party, and the assignment will be deemed a novation under law forever releasing BSI from any and all obligations and liabilities under this Agreement.
11.4. We are not Responsible for Third-Party Actions. You acknowledge that, if submitted to BSI as a Public Submission, your Content is freely available for download without copy protection. In no event will BSI or any of its licensees, its sub licensees, its distributors, its producers, any party to which it assigns any of its rights here-under, or its or their affiliates, successors or assigns, or any of their directors, officers, members, shareholders, employees, associates, agents or representatives (collectively, the "BSI Parties") be responsible for any reproduction, display, modification, or use of your Content or any portion thereof by you or any third party.
11.5. Remedies and Interpretation. All remedies will be cumulative and pursuit of any one will not waive any other. Captions and headings are for convenience only and will not be used to construe meaning.
All Submissions Will Not Be Returned - Brilliant Stories Inc.is only accepting submissions by electronic / email files. DO NOT SEND ANY MATERIALS BY MAIL, COURIER SERVICE, or ANY DELIVERY SERVICE. Any materials received by any means other than email /electronic will be discarded without opening or reviewing the material. Brilliant Stories Inc. WILL NOT and is not obligated to return Your Submission to You. You should keep a copy of any materials submitted. Do not send any materials You consider irreplaceable or do not have a copy of. Upon request and/or within 90 days of completion of our service your submission and all related materials to your project will be deleted from our systems.
Blanket Release Form - Acceptance of this Agreement will hereby apply to all current as well as future Submissions and in exchange for Brilliant Stories Inc. willingness to consider this current Submission, You also agree that this Agreement applies to any Submissions previously submitted by You to Brilliant Stories Inc. regardless of whether the previous Submission was submitted under a prior version of this Agreement or without any Agreement at all.