Festival do Minuto (One Minute Festival)'s Rules and Regulations
(i) The term Website refers to the www.minuteplanet.com address as well as to all domains and Internet addresses related to the service offered by the Festival, such as: planetaminuto.com, festivaldominutouniversitario.com.br, tvminuto.com, minutotv.com.br, oneminuteplanet.com, festivaldominuto.com.br, oneminutenet.com, among others.
(ii) Festival do Minuto ("the Festival") is a festival of videos up to 60 seconds-long, whose trademark was registered at the Instituto Nacional da Propriedade Industrial - INPI (Brazil's National Institute of Industrial Property), by Um Minuto Marketing e Produções Culturais Ltda (CNPJ 66.708.900.0001-04), thereby granting it the exclusive right to hold the Festival in Brazil and in all other countries;
(iii) Um Minuto Marketing e Produções Culturais Ltda makes available to the Festival's users a website on the Internet, at the address www.minuteplanet.com, which is part of the services offered by the Festival;
(v) By registering at the Website, visitors formally become registered users ("Registered Users") of the Website (Registered Users and Visitors are collectively referred to as "Users");
(vi) Users are solely responsible for the information and other content they post and for the videos - including images, sounds or any other content - they send, which should be authored by them or under their legal responsibility;
(vii) The Festival is also known by other names, such as Planeta Minuto, 1 Minuto, Um Minuto, One Minute Planet, Minute Planet, One Minute;
(viii) The Festival is organized and coordinated by its Curators Committee ("the Committee"), which is entitled to make all creative and administrative decisions concerning the Festival and all related services and events;
(ix) The Committee's role is to select, organize and evaluate all content sent to the website, according to its own artistic criteria.
1.2. Acceptance of the Festival do Minuto's Rules
By filling the registration form and/or sending movies to the Festival, the User automatically accepts the Festival's Rules (see Appendix below). Users automatically accept the present Rules and attests that they are entirely capable of accepting the Rules, either by being 18 years of age or more or by having been duly authorized to do so by his or her legal representative.
The Festival may change and/or update the Rules at any moment, without previous warning. It is the sole responsibility of Users to know the most recent version of the Rules, which is available at the Website.
2.1. About the services offered at the Website
The services offered to Users at the Website include:
(a) The possibility of sending and sharing videos;
(b) The possibility of watching and reading materials and messages produced by Users, which solely reflect the opinions of these Users and not of the Festival or of its legal representatives;
(c) The possibility of sending and receiving messages by e-mail, RSS feed or through the personal pages of Registered Users;
(d) The possibility of clicking on links to third party websites which may offer additional services to the Users. In these cases, the User must acquaint himself or herself with the terms of service of each one of the external websites, since they do not have a direct relationship with the services offered by the Festival;
(e) Making contents sent by Users to the Festival's Website available to the Festival's partner channels and websites.
2.2. About the Festival
The Festival offers awards. The awards vary in regularity and value and are publicized in a case by case basis on the Website.
The Festival may include Festival's or sponsors' commercials in the Videos sent by Users. Videos sent by Users are organized in the Website according to categories established by the organizers of the Festival.
Videos compete for awards according to the categories in which Users enter them or, depending on the case, according to the categories in which the Festival's organizers enter them.
Videos which are not selected by the Festival's organizers are part of the Website and will compete solely in one of the public choice categories.
The festival may unilaterally refuse to include a video on the Website and/or decide to remove a video which violates copyright laws, the Brazilian Penal Code or national legislation, at any time.
3.1. Users' responsibilities
By sending a video to the Festival through the Website, the User represents and warrants that that he or she is the owner of all rights and licenses necessary to exhibit the video, which include but are not limited to:
(a) The right(s) to use and exhibit images and sounds of persons, places or things that appear in the video;
(b) The right(s) to use and exhibit the music used in the video;
(c) The right(s) to use and exhibit written texts which appear in the video;
(d) Rights relating to the script of the video and rights relating to texts or materials that have served as inspiration to the video;
(e) The right(s) to use and exhibit archive and/or third party images that appear in the video;
(f) Patent or license rights to use third party information;
(g) Any other intellectual rights that may prevent the commercial or non-commercial exhibition of the video.
Users represent and warrant that :
(a) They will not send any video containing any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, hateful, invasive of another's privacy or pornographic;
(b) They will not violate another's privacy or disrespect others racially, ethnically, professionally or in any other way;
(c) They will not copy or download and save a copy of another User's video without his or her authorization.
3.2. Limitation of liability and Indemnification
In no event shall the Festival, Um Minuto Marketing e Produções Culturais Ltda or any of its directors, officers, employees, agents, affiliates, partners and clients, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to a User's violation of the Festival's Terms and Use of Service and/or of the Festival's Rules, and/or of any type of unlawfulness generated by the video(s) that he or she send to the Website, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales. In no event shall the Festival or Um Minuto Marketing e Produções Culturais Ltda be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site.
The User agrees to indemnify, defend, and hold harmless the Festival, Um Minuto Marketing e Produções Culturais Ltda, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to his or her account (including negligent or wrongful conduct) by he or she or any other person accessing their account, (c) his or her use of (or inability to use) the Website; and (d) any use of his or her video(s) by the Festival or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the Festival's website.
The User is aware and agrees that any information or content sent to the Website are public. This means that any information, content and/or videos sent to the Website will be available to anyone who wants to access them.
The Website may make available an option of keeping private certain personal information given by an User during the registration process, but this option should be previously and explicitly requested by the User. If the User chooses this option, the Festival shall make reasonable efforts to respect it. All the rest of the information, content and/or videos sent by the User shall remain entirely public.
The parties elect the Central Forum of the City of São Paulo (Foro Central da Comarca de São Paulo, Capital) to solve any disagreements relating to the present contract, renouncing any other fora.
Appendix - The Festival do Minuto (One Minute Festival)'s Rules
1. WHO MAY PARTICIPATE
People from anywhere in the world may participate in the Festival, that is, people who are in Brazil or any other country.
2. VIDEO FORMAT
The videos may be made using any type of equipment that produces moving images: video cameras, digital photo cameras (photo sequences), cellular phone cameras, computers (animation) etc.
The videos must be sent in any of the following formats: MPEG, AVI, MOV, WMV, 3GP and FLV.
The Festival accepts files up to 100 Megabytes in size.
3. DURATION OF VIDEOS
Videos must be at least 1 second and at most 60 seconds long, including credits. In other words, the names of the people who made the video must be exhibited within the maximum limit of 60 seconds. (The Festival may accept videos which exceed this limit by up to 3 seconds.)
Credits are compulsory. Videos must credit those responsible for its production, including those responsible for its soundtrack (notwithstanding if it uses public domain material), its images and any other third party content or materials.
5. AMOUNT OF VIDEOS AND REGISTRATION
There is no limit to the number of videos that may be sent by a User.
Besides the registration, the Festival will request additional information concerning each video sent through the Website.
All videos sent through the Website and which are in accordance with the present Rules shall be considered entered in the Festival.
The User may enter his or her videos in a specific topic, keyword or category, according to instructions given during the entry procedures online.
The Festival, at its organizers' discretion, may enter a video in another topic, keyword or category.
There are several different types of awards, depending on the category, keyword or topic chosen. The awards are described in the section of the Website dedicated to each of the topics or categories, as well as in other sections of the website.
Besides the awards for each topic or category, there are also annual awards, for which all the videos pre-selected during the year compete.
Exceptionally, additional awards may be offered. Such awards shall be made public through the website and other media.
The videos entered at the Festival may be selected for any of the awards offered by the Festival.
NB: The amounts publicized in relation to each award are gross values, from which taxes and other obligations to be paid by Um Minuto Marketing e Produções Culturais shall be deducted.
The Festival's organizers may cancel awards for topics, categories or keywords which do not receive what they perceive to be a sufficient number of entries, or at their discretion.
There are specific deadlines for entry to compete for each topic, keyword or category award, as well as for the annual award.
Information about the deadlines can be found in the Website, next to the description of each topic, keyword or category award.
Information about the deadline for the annual award will be widely publicized in the Website.
Deadlines may be extended at the discretion of the Festival's organizers.
9. RIGHTS TO PROMOTE AND DISTRIBUTE THE VIDEOS
The author/producer/owner of the video grants the Festival, for 5 (five) years, automatically extended, the right and license to:
(a) Reproduce, display and exhibit the video in journalistic programs in any media, with a view to promoting the Festival;
(b) Reproduce, display and exhibit the video in cultural centers, museums and other not-for-profit cultural venues, in Brazil or in any other country;
(c) Include the video in not-for-sale Festival catalogues - in DVD-form or in any form, media or technology now known or later developed - with a view to promoting the Festival;
(d) Reproduce, display and exhibit the video in the Festival's Website or in any other website or channel of Festival's partners, with a view to promoting the Festival.
(e) Promote the Festival do Minuto (One Minute Festival) in TVs and other media which have partnerships for the promotion of the Festival.
10. AUTHORIZATION TO COMMERCIALIZE AND/OR DISTRIBUTE THE VIDEOS
The author/producer/owner of the video grants the Festival and Um Minuto Marketing e Produções Culturais Ltda the right and license to commercialize and distribute its video(s) in any form, media, or technology now known or later developed, including but not limited to:
(a) Theatrical and non-theatrical exhibitions;
(b) All forms of home video, including home video rental, in the video-cassette; Digital Video Disc (DVD), Video Disc, interactive video and CD-ROM format, as well as in any other video format now known or later developed;
(c) Home Video Sell-Through, in the video-cassete; Digital Video Disc (DVD), Video Disc, interactive video and CD-ROM format, as well as in any other video format now known or later developed;
(d) Public Video, in any form, media, means of transmission or technology now known or later developed;
(e) Video On Demand, , in any form, media, means of transmission or technology now known or later developed; (f) All forms of television, including Pay-Per-View, Pay TV, Free TV, IPTV;
(g) The Internet e other numerical digital media, interactive and watchable in or through a computer, other multimedia and online media (with or without cable), cellular telephones and other telephone networks and telecommunications;
(h) Commercial exhibitions in air lines, airplanes, boats, ships, trains, buses and other means of transportation, collective or not;
(i) Schools, clubs, museums, universities, military barracks and other institutions;
(j) Hotels and motels;
(k) Oil platforms;
(l) Use, exhibition and display in games and interactive systems and electronic reading devices, as well as devices based on or watchable through computers where the video(s) are used, exhibited or displayed in non-linear form;
(m) Internet sites and portals where the Festival is based inside or outside Brazil;
(n) Festival do Minuto (One Minute Festival)'s channels in websites or portals of the Festival's partners;
(o) Monitors, displays and indoor media televisions and digital signals in elevators, airports, buses, subway trains and stations and all other spaces where such media may be exhibited.
By accepting this agreement, the author/producer/owner of the video(s) grants his or her rights in relation to reproduction of his or her video(s) in Brazil or in any other country, except in specific cases where there is a written agreement between the author/producer/owner of the video(s) and Um Minuto Marketing e Produções Culturais Ltda.
The author/producer/owner of the video authorizes sounds to be edited out of his or her video(s) and credits to be reduced, if this is deemed necessary for the exhibition of the video(s) in any of the media described above.
The author/producer/owner of the video(s) grants the Festival and Um Minuto Marketing e Produções Culturais Ltda exclusive rights to use, commercialize and distribute his or her video(s).
The author/producer/owner of the video(s) shall not receive any financial reward for the exhibition of his or her video(s) on the Internet. In cases where there is remuneration through advertisement in channels of the Festival's partners on the Internet, revenues shall be divided according to item 11 below.
The author/producer/owner of a video which has won the acquisition prize - given by one of the Festival's sponsors - authorizes the sponsor to reproduce, display and exhibit his/her video in any media for 12 (twelve) months, without any further remuneration other than the value of the acquisition prize received.
The author/producer/owner of the video(s) shall be remunerated when his or her video(s) is commercialized in media other than the Internet, according to item 11 below.
Festival do Minuto shall make reasonable efforts to commercialize the video(s) of the author/producer/owner of the video(s), including by appointing other businesses which may enable the distribution and commercialization of the videos inside and outside Brazil.
The author/producer/owner of the video(s) pledges to provide, upon request of the Festival, a high-resolution version of his or her video(s), as well as promotion materials, photographs, additional information about the production, exclusive interviews, "making of" materials or any other materials that may help to promote or sell the video.
The author/producer/owner of the video(s) pledges to provide information and documents about previous licenses, dates of license expiration and other information regarding intellectual property and rights for distribution and sale of the video(s).
The author/producer or owner of the video(s) may choose to not commercialize their video(s) through the specific area available on the user's page on the website. This option is in force only after the author/producer or owner of the video(s) checks the option to not commercialize video(s) in their page, and it is not retroactive to videos that might have already been commercialized and/or distributed. When marking the option to not commercialize video(s), the author/producer or owner of the video shall receive an e-mail officializing this option. If the author/producer or owner of the video does not receive an e-mail in 1 (one) day, the author/producer or owner of the video must get in touch with the Festival informing about this. The Festival must then send an e-mail in up to 4 (four) days officializing the option to not commercialize videos. The Festival is not responsible for problems or flaws in the e-mail system informed by the the author/producer or owner of the video when of their registration.
11. DIVISION OF REVENUES IN CASE OF COMMERCIALIZATION OF THE VIDEO
It is agreed that, in case a video is commercialized, revenues shall be divided in the following manner:
The author/producer/owner of the video will have the right to 50% (fifty percent) of the net value of each deal as remuneration for the cession of all his or her rights concerning the video.
Um Minuto Marketing e Produções Culturais Ltda. will have the right to 50% (fifty percent) of the net value of each deal as remuneration for its distribution services.
"Net value" means the gross value minus all expenses necessary for the closing of the deal (such as administrative costs, taxes, agent fees, copy and encoding expenses, authorizations and sub-distribution deals with other businesses). These expenses shall be detailed in rendering of accounts reports. Accounts shall be rendered annually and payments shall me made every six months, as long as the amount to be received is higher than R$ 200 (two hundred Brazilian reais). Otherwise, payment shall be made in the next semester. Only videos which are effectively commercialized shall merit rendering of account reports.
In the case of vídeo(s) exhibited in Monitors, displays and indoor media televisions and digital signals in elevators, airports, buses subway trains and stations and other spaces that have signed up for a monthly payment to Um Minuto Marketing e Produções Culturais Ltda., the revenues will be divided as follows:
- The revenues from the monthly payments will be rendered at the end of each semester.
- Um Minuto Marketing e Produções Culturais Will have the right to 50% (fifty percent) of the net value of the revenues from the monthly payments for exhibition of videos in the referred media.
- The remainder 50% (fifty percent) of the net value of the revenues will be divided in equal proportion amongst all the authors/producers/owners who had their videos selected for exhibition during this semester.
- Videos selected during a semester will not have any right to participate in revenues of following semesters, unless they are selected again for exhibition.
- Only videos which are effectively commercialized shall merit rendering of account reports.
12. TERMINATION OF THE CONTRACT
The author/producer/owner of the video may request that his or her video is taken out of the Website. In this case, the Festival shall examine the request, but will maintain its rights to distribute and/or commercialize the video for 24 months. During this period, the author/producer/owner of the video shall maintain his or her right to receive 50 percent of the net value of the commercialization of his or her video, according to items 10 and 11 above.
13. DURATION OF THE AUTHORIZATION TO COMMERCIALIZE THE VIDEOS.
The authorization for commercialization of a video lasts for 5 (five) years, to be counted from the moment the video is entered at Festival do Minuto through the Website.
This authorization will be automatically extended for another 5 (five) years if none of the parties express interest in revoking it. If there is interest in revoking it, it should be communicated in writing up to 30 days before the end of the contract.
This license is valid for UM MINUTO MKT E PRODUÇÕES CULTURAIS LTDA or any successors.
14. CURATORSHIP AND OMITTED CASES
The curatorship and all the Festival's creative decisions, including the choice of videos to be awarded, are of exclusive responsibility of Um Minuto Marketing e Produções Culturais Ltda. or of the people, businesses or partners to which it delegates this decisions, which cannot be appealed in any case. Any cases omitted in this agreement shall be decided upon by the Festival's organizers.