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SSmart Films Terms and Conditions 2017 - MR. BROWN BIMBO

Film: Original Film will be understood for the purposes of its participation in Smart Films – Festival,Film Festival Made with Cellular, all that production that has not been commercialized, nor exhibited in social networks, Internet, (others) (during all the call and until the night of the festival's awards), that is made with one or more Smartphones (smart mobile(s) and or tablets) Smart Films Community: It is conformed by all the people who have participated or participate in the realization of the short films of the festival in any of its versions. TOPIC: Free. MAXIMUM LENGTH: 5 Minutes (Including credits). The short film that passes this time, will be disqualified without recourse. The short film must be registered only in one category of the festival, that is, the participant who inscribes his short in the YOUTH category, can not participate with the same short in the other categories. However, participants may present themselves with as many short films as they wish in this category or in another category of the Festival CALL DATE: Shorts may be sent from the 26th of April to the 26th of August 2017. CATEGORY: Youth: (from 14 to 17 years old) Category aimed at audiovisual projects made with one or more smart mobile devices (telephones or tablets), fiction or documentary or any other genre, in which the person making and registering the audiovisual piece (short film) is a young minor between the 13 and the 17 years completed at the time of the inscription of the film in the Festival.The participant who inscribes his short in the Juvenile category, will not be able to participate with the same short in the other categories. Requirements or bases of the contest to participate (they are mandatory) 1. Complete the registration form. 2. If the short film is made in a language other than Spanish, it must contain the translation into Spanish Latin American subtitle. 3. Acceptance of the terms and conditions. Commitment duly completed accepting the terms and conditions by the participant. Projects submitted with incomplete forms, without acceptance of the terms or clauses and that do not specify in what modality participate, will NOT be accepted. 4. The following items are mandatory: • Attach Synopsis: description of the short, maximum one page with double space • Attach the Short Sheet. • Attach short file in H264 format (.MP4) • Attach "Making of "or behind cameras where it is verified: 1) That your short film was produced with smart mobile devices (phones or tablets) and 2) That the participation of the owner of the short is confirmed. To do this, the following items must be attached (without exception): 1) Making of or behind the scenes video (Shooting video) must be sent in H264 (.MP4) format. 2) Short film poster 3) Photographs behind the scenes or making of. These 3 items are required. 5. Valencia Producciones FX SAS (organizer of Smart Films) reserves the right to change the terms and conditions at any time. 6. Failure to comply with any of the above points generates disqualification and will disable the participant for the rest of the festival phases. Phases of qualification: 1. PHASE ONE: The organizer of the Festival will determine a monitoring and control committee that will verify that all participants meet the requirements or bases of the contest, the conditions and the terms established by Smart Films for this category. 2. PHASE TWO: Short films that successfully pass Phase 1 will be evaluated by a curator committee chosen by Smart Films, which will verify compliance with accepted content within the Colombian legal framework. Pornography, child pornography, animal mistreatment, Snaff videos and anything that violates the integrity of living beings, will NOT be admitted by the festival. 3. PHASE THREE: "Evaluation Phase", in this stage the short films that successfully exceed the phases ONE and TWO, will be evaluated by a second curator committee, chosen by Smart Films, whose mission is to choose the short finalists who will move to phase four. From this stage emerges the official selection of Smart Films 2017. 4. PHASE FOUR: "Final Phase", the shorts that have reached this stage will be evaluated by the juries chosen by Smart Films and by the general audience. In this phase the following percentage points will be enabled: 10% to the vote of the audience, who will be able to vote within the term and of the platform that Smart Films destines. 10% percentage obtained by the curator of Phase Three. 70% to the vote of the qualifying jury. 10% for the inclusion of the brand * (Product Placement, Storytelling, logo, slogan, slogans or concepts) sponsor of the category. Participants must include within the history of their short film the brand sponsor of the category Paragraph: Only this percentage will count in the shorts films that make GOOD USE of the sponsoring brand in each category Sponsoring brand of category: MR. BROWN OF BIMBO The result All phases will be notified officially through the Smart Films page www.smartfilms.com.co Smart Films will be able to announce the selected short films of each phase by different ways to its web page, as long as it informs to the audience. The result of the FOURTH PHASE will be revealed at the awards event of the festival to be held on October 12, 2017. The names of the winning participants may be published in all audiovisual media, as well as in any printed media In perpetuity in time and space. The winning participants must confirm to the organizer their acceptance of the prize or prizes via email to info@smartfilms.com.co. In case the organizer does not receive the confirmation from the winning participants within the month following the award date, the prize will immediately be awarded to a substitute, who will be the next in the ranking order of his category; The new winner will be notified by email to the address registered for that purpose in the registration form. The organizer and its agents, affiliates and / or representatives will make their best efforts to contact the winning participants, but will not be held responsible, in any way, if they can not be contacted by telephone or e-mail within the period of one calendar month after the selection was made. All decisions of the organizer will be final and irrevocable. Prizes may not be transferred, negotiated, reimbursed, collected in cash, exchanged, or claimed by third parties. In case the participant can not claim the prizes, they can only be delivered to a third party with the express and verifiable authorization of the winning participant. The verification will be at the discretion of Smart Films depending on the category in which it participated. Family members, up to the second degree of consanguinity, first of affinity or only civil, with the employees and partners of Valencia Producciones FX SAS and / or Fundacion Amados, who are organizers of Smart Films, may not participate in this category; nor of the qualifying judges of any of the categories of the festival. Recommendations on intellectual property and copyright. Preliminaries: Copyright is a set of laws that protect the authorship of literary and artistic works. Intellectual property is the name that receives the legal protection of any creation of human talent or ingenuity, within the scientific, literary, artistic, industrial or commercial sphere. The protection that the Colombian law grants to COPYRIGHT is done on all the ways in which ideas can be expressed. The copy of a work, or part of it has been denominated PLAGIARISM and is part of the violations to the Copyright. In Colombia this constitutes a crime and is contemplated as such in the legal regulations of Colombia. 1. With the registration to Smart Films, the participant guarantees that the short film is of its authorship. In case it is not, the participant will be responsible and will face the penalties contemplated in Colombian legislation. Smart Films will have no legal liability whatsoever. 2. The decisions of the qualifying jury andSmart Films, are final and can not be appealed or claimed. 3. The organizer reserves the right to disqualify and / or exclude from the Festival those participants, who directly or indirectly, have altered, breached or violated the rules established in these regulations or those that commit acts that are contrary to the spirit of creativity, competitiveness and decorum. (This includes forgery in the makin of and falsification in any of the forms of the festival). SMART FILMS TERMS AND CONDITIONS - FILM FESTIVAL MADE WITH MOBILE PHONES. 1. HABEAS DATA. According to the law of personal data protection 1581 of 2012 of Habeas Data, it is important to consider: By accepting the legal terms and conditions, the participant knows and authorizes free, prior, voluntary, express and duly informed to Smart Films to collect, record, process, disseminate, compile, exchange, update and dispose of the data partial and / or total information supplied at the time of registration on the website www.smartfilms.com.co and to transfer such data full or partial information to its sponsors, so that they, through all its platforms and its sponsors, media and distribution can offer their products and services to the participant in a more personalized and direct way. All in accordance with the policies for managing databases has published the website www.valenciaproducciones.com and fundacionamados 2. MINORS: AS LONG AS THE WINNER IS A MINOR If the participant is under the age of 18, the form must be filled out by the parents or guardians of the child or young minor, who will represent the participant throughout the process until the award. In the same way they will manifest within the registration form, which is the will of the under 18s to participate in the festival and consequently assume and know the responsibility of the terms and conditions of Smart Films – Film Festival Made with Mobile Phones. CONSIDERATIONS AND GENERAL DECLARATIONS OF THE PARTICIPANTS AND THEIR LEGAL REPRESENTATIVES A. I declare that I am of legal age and act as legal representative of the minor participant, and with this statement I declare that the minor participant is the author and / or producer and / or director and / or writer and / or director, and that is our will to submit to the consideration of Smart Films – Film Festival o Made with Mobile phones, the present short (audiovisual product). The film is realized to be understood in Latin Spanish language -subtitled if it is required- and we accept that, in case it is necessary, Smart Films will be able to change the terms and conditions of the contest, without previous notice. We accept the terms and conditions of the festival. B. I declare that I will be responsible to Smart Films and to any third party that makes a claim related to the short, for the use and / or exploitation of the rights in the work in question and also manifest that the short with which my represented participant is an idea original. C. I guarantee that the short film recording is performed through one or more smart mobile devices (phones or tablets) thus fulfilling the primary requirement of Smart Films - Film Festival Made with D. I guarantee that the short film is delivered totally free of payments for copyright, related rights and rights over any other intellectual contribution included in it. As a result, Smart Films will receive short films under the understanding that prior and express authorization of the participants, actors, models, presenters, directors, music and other participants in the process of making the short film, As well as the authorizations of the other holders of the contributions and other materials included in the short. In any case, on behalf of the PARTICIPANT exempt from liability to Smart Films before any claim that for any concept can be presented and I will personally respond for such claims, for which Smart Films will make the corresponding transfer. E. In my capacity as representative of the owner of the copyright on the (short film) work, I give in to Smart Films and the sponsor of the category, all rights to exploit it, especially those concerning public communication and dissemination For an indefinite period; I also declare that, for the same purposes, I soon grant the rights of the image of my representative and those of the work team who, at the signing of this document, express their agreement to me. The rights are transferred to all territories at regional, national and global level, and to make use of the work in all audiovisual media, promotional and technology platforms developed and to be developed. F. I accept that the film may be exhibited by Smart Films in whole or in part, by open television and / or by subscription, movie theaters and any other audiovisual media that Smart Films deems pertinent, including the Internet, social networks and any other web platform, even through feeds on the Smart Films website. Likewise, I give the rights to use short fragments for the production and transmission of promotional pieces of the festival indefinitely, renouncing receive any compensation for this. G. I authorize Smart Films - Film Festival Made with Mobiles Phones, to make photographs, recordings, films, reproductions and in general promote through its platforms and those of third parties the short, for advertising and promotion purposes, unlimited in time and Space, in any audiovisual and communication media or by any platform developed and to be developed, giving up receiving any kind of consideration. H. Smart Films - Film Festival Made with Mobile Phones, is governed by the laws of the Colombian National territory and any claim or demand must be made in the first instance before the organizer and after he issues his decision will be able to go before the Colombian authorities. I. COMMITMENT CLAUSE . - Any controversy or difference regarding the contest, which arises between the participant and Smart Films, will be resolved by mutual agreement between the participant and VALENCIA PRODUCCIONES FX SAS as the owner of Smart Films. In the event that they can not reach a direct settlement, an Arbitration Tribunal will be submitted, which will be subject to the rules of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota, in accordance with the following rules: a.- The Tribunal Will be composed of three arbitrators who will be qualified lawyers, appointed by the Chamber of Commerce of Bogotá. B.- The Tribunal will decide in law. C.- The expenses generated by the arbitration process will be borne by the party that is due. J. I acknowledge that, if the short is not the author of my represented, I will assume the penalties contemplated in the Colombian legislation, I also know that the copy of a work, or part of it has been called PLAGIARISM and is part of the violations to the right of Author. In Colombia this constitutes a crime and is thus contemplated in the legal regulations of Colombia. K. I will not expose the short on any digital platform, from the opening of the call and up to the awards gala. This will automatically disqualify my short. L. I know that the audiovisual piece (short film) must have a maximum duration of 5 minutes including credits. If the short exceeds the exact duration of 5 minutes, it will be disqualified. M. I acknowledge that the audiovisual pieces (short) with which it participates, can be uploaded on the Smart Films web platform and / or its sponsors, or on the platforms that the festival intends, from November 1, 2017 and Unlimited time. I know that the shipping options offered by the festival are: a) wetransfer, b) certified e-mail, c) shipping to the offices of Bogotá Producciones FX SAS (Cr 33ª # 31-42 of 201) d) Registration and delivery Through the page of MoviBeta http://movibeta.com N. On pain of losing the prize, I promise to withdraw it within 30 calendar days following the date of the award. If I do not withdraw it in this term, I accept that it will be delivered by the festival to another winner, as established in these terms. PRIZES 1. To participate in Smart Films, THE PARTICIPANT and his representative, accept the following prizes plan, which will be paid in kind. In case the winner is a foreigner, the prize may be paid in a dollar equivalent paid to the TRM two working days before the date it is delivered. • The winner of the YOUTH category will be awarded with prizes in kind, which sum up to the sum of fourteen million pesos m / cte. ($ 14,000,000). PARAGRAPH: Winners of the YOUTH category will only be able to redeem their prize in kind in a single store in Colombia (large chains) chosen by the participant, within the list provided by the festival. 2. THE PARTICIPANT and his representative accept that, in case his short is a winner, and for the aforementioned prize, they will accept the provisions of the Colombian tax rules for the effects of prizes, contests, occasional gains, now regulated in the articles 304, 306, 316 and 317 of the Tax Statute or the rules that modify or replace them. 3. If THE PARTICIPANT is a Colombian, he / she accepts that, in case of being a winner, he / she will attach his / her RUT (Single Tax Registry), a copy of the identity document and a bank account certificate, depending on the category. 4. If THE PARTICIPANT is a foreigner, he / she accepts that, in case of being a winner, he / she will attach a copy of his / her identification document to his or her place of origin. 5. Valencia Producciones FX SAS, organizer of Smart Films, states that it will grant special mentions to the subcategories that it wishes to emphasize. In addition, it reveals that some of the sponsors will award prizes to the participants in the different categories. However, it clarifies that these are not part of the general premium plan of Smart Films, therefore Valencia Producciones FX SAS will not assume any responsibility towards them. 6. Valencia Producciones FX SAS, organizer of Smart Films, states that the awards of the festival and those that are given by the sponsors will be held in the city of Bogotá (Colombia), therefore, the winner must come to the city of Bogotá at his own risk to claim his prize. 7. Within the privileges of belonging to the Smart Films Community, participants who appear as owners of the short film (that is, who inscribes it) will have the right to participate, free of charge, in the different general commercial and academic activities that the festival Perform. Your work team will get a discount of 80% of the value of the commercial cost of the general events performed by the festival. The discounts will have a different treatment in the cases of special activities in which the Smart Films community will obtain specific discounts indicated by the festival owner. 8. By participating in the contest, participants acknowledge and accept that different Internet connections may affect or limit technical performance and response times to access, view and upload information; participants also acknowledge and accept the general risks related to Internet connections, including potential disconnection, lack of protection of certain information against possible misappropriation, and possible contamination of viruses that may be present on the network. Smart Films is not responsible for the technical problems that affect the connection to the Internet or for any configuration problem related to a certain browser, neither for the upload of the shorts, nor for the qualification of the same, by the public, on our platforms. 9. The participant and his representative recognize that the platforms of Smart Films are: www.smartfilms.com.co, www.smartwebclass.com, the app of Smart Play contents, the web pages of the organizers www.valenciaproducciones.com, www.fundacionamados.org and the web pages of the festival sponsors; also recognizes that his short can not be on any public platform in social networks (YouTube, Facebook, Vimeo, etc.) and that in case his short is selected to be part of our "Smart Play" OTT, the participant accepts that after obtaining, within the application, more than 5000 (five thousand) reproductions; will be share in an equitable way, along with the other shorts that have also passed the 5000 (five thousand) reproductions; 30% of the value of the registration (before VAT) of the OTT users of the month. The value of the income, which will be settled on a monthly basis, will be deposited with the bank account that the owner of the short will provide to the festival. Reproductions will start from 0 at the beginning of each month and the payment will be subject to retentions of law or those that come to be issued in this respect. Valencia Producciones FX SAS is not obliged to upload all the short participants to the OTT "Smart Play", it will be its exclusive power the choice of the shorts to upload each month. 10. THE PARTICIPANT and its representative accept that they have read and understood the bases, terms and conditions of Smart Films contained within the page www.smartfilms.com.co and declare that they accept and submit to each and every one of the stipulations thereof, in the terms expressed there. JURY. The festival guarantees that: 1. The audiovisual pieces (short) entered by the participants in the different categories will be evaluated by a jury composed of people with broad leadership and trajectory in audiovisual projects (cinema, television, multimedia, transmedia, etc.) in all areas that make up a Creative process (ideas, scripts, production - in all its stages - performance, music, edition, among others). 2. The SmarTIC Inclusive category will have leaders and people with a long history in the population with disabilities in Colombia and with knowledge in the audiovisual area and sensitive to new artistic proposals, as well as suitable people in the areas of audiovisual production and management. 3. The evaluation and selection of the audiovisual pieces (short) finalists will be made according to the phases outlined in the section "Qualification phases" of this document. 4. Valencia Producciones FX SAS, as an organizing entity, has all the power to make the selection of the jury that it considers pertinent.La evaluación y selección de las piezas audiovisuales (cortos) finalistas se realizará según las fases expuestas en el apartado "Fases de calificación" de este documento. NOTICE OF PRIVACY Smart Films – Film Festival Made with Mobile Phones, states that the treatment of the information that is handled in relation to the development of the festival is done according to Law 1581 of 2012, Decree 1377 of 2013 and other rules on the subject, for this, are published in the web page of the organizer www.valenciaproducciones.com, the policy of management of databases. By reading these terms and completing the registration, you accept the official bases, previously read on the Smart Films website www.smartfilms.com.co
1. EL PARTICIPANTE Declara que es mayor de edad, o representante legal de un menor de edad y que es plenamente competente para participar en el festival Smart Films (Festival de Cine Hecho con Celulares).
2. Al corto ganador de subcategoría transversal denominada "Mejor Afiche de Película" dentro del Festival Smart Films 2017 se le otorgará el siguiente premio: publicación del afiche ganador en dos (2) vallas rotativas en Bogotá.
3. En caso de que el corto ganador no se acerque a recibir el premio dentro del mes siguiente a su adjudicación, el premio será entregado al corto que por califiación del jurado ha quedado en segundo lugar dentro de esta categoría y así sucevivamente, hasta que algún corto acepte el premio.
4. El premio no será entregado en dinero en efectivo.
5. El participante acepta que en caso de ser ganador, se acogerá a lo descrito en los artículos 304, 306, 316 y 317 del Estatuto Tributario.
6. Si el participante es colombiano, acepta que en caso de ser ganador, anexará su RUT, Registro Único Tributario.
7. Si el participante es extranjero acepta que en caso de ser uno de los ganadores, anexará una copia de su documento de identificación.
8. Valencia Producciones FX SAS, organizador de Smart Films, manifiesta que otorgará menciones especiales a las subcategorías que desee destacar. Además revela que algunos de los patrocinadores otorgarán premios a los participantes en las diferentes categorías. Sin embargo aclara que estos no hacen parte del plan de premios general de Smart Films, por lo anterior Valencia Producciones FX SAS no asumirá ninguna responsabilidad frente a los mismos.
9. La falta de retiro del premio dentro del plazo previsto de un mes hará perder en forma automática el derecho al premio y a formular reclamo alguno como consecuencia de la participación en esta Actividad.
10. El corto ganador no podrá ceder su premio, ya que este es un reconocimiento a su trabajo creativo, y no se permite su cesión, no es endosable, ni transferible.
11. Si por cualquier motivo el corto participante se imposibilitara temporal o definitivamente para reclamar el premio, este quedará cancelado definitivamente, sin que procedan indemnizaciones, ni compensaciones de ninguna especie, de manera que el ganador desde ya renuncia en forma irrevocable a cualquier acción legal en contra de MARKET MEDIOS en esta materia. Si el participante decide no reclamar su premio en un término de UN MES, se aclara que en ningún momento se puede convertir este a dinero, ni se puede cambiar las condiciones del mismo.
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