Terms - HBO APA Visionaries

HBO Max Asian Pacific American Visionaries Short Film Competition (“Competition”)

1. ELIGIBILITY: Open to professional and amateur Film Directors who are: a) residents of one of the 50 United States or Washington, D.C., b) of Asian or Pacific Islander descent [i.e., descendants of the people of the Far East, Southeast Asia, Indian subcontinent or Pacific Islands (e.g., China, India, Japan, Korea, the Philippine Islands and Samoa)] and c) at least 18 years of age and of the age of majority in their state of residence (i.e., 19 years of age in Alabama and Nebraska; 21 years of age in Mississippi) as of 3/1/22. Co-directors (as defined in Rule #6) must also meet these eligibility requirements. Employees of WarnerMedia Direct, LLC (“Sponsor”), Home Box Office, Inc. (“HBO”), Warner Media, LLC., Don Jagoda Associates, Inc. (“Administrator”), The Coalition of Asian Pacifics in Entertainment (“CAPE”), Visual Communications, FilmFreeway, Vimeo, Inc., YouTube, and their respective affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members and/or those living in the same household of each are not eligible. Void where prohibited by law. Entrants who choose to utilize Vimeo to submit their Film must have a non-private Vimeo.com account to submit their Film, which must be password protected. Entrants who choose to utilize YouTube to submit their Film must have a free YouTube account to submit their Film, which must be unlisted. There is no purchase required to register for Vimeo.com or YouTube.com. Entrants must have a valid email address, which will be used to verify potential winners.

2. TO ENTER: From 9:00:00 AM PST on 1/18/22 through 11:59:59 PM PST on 3/1/22 (the “Competition Period”) submit an original live action narrative (no documentaries or animation) from 10 to 15 minutes in length (your “Film”) exploring the story theme of “Power of Love” from the unique perspective of an Asian Pacific American cinematic storyteller. To enter, visit filmfreeway.com/hbomaxvisionaries to follow the on-screen instructions to sign up for an account, log in, accept the Official Short Film Competition Release, and accept the Official Short Film Competition Rules to submit your Film to be entered into the Competition (your “Entry” or “Submission”).

a. Videos must be recorded in 16:9 aspect ratio with a minimum resolution of 720p and be encoded in h264 Quicktime MOV format. Potential Winners will be contacted by email with instructions to submit a higher quality version of the Film for festival and broadcast premieres [D-Cinema (DCP, NTSC only) as an .MOV file, conforming to Apple ProRes 422 HQ (1920 x 1080 24p 48kHz)] which must be received by 11:59 PM PST on 4/24/22.

b. Film must be a minimum of 10 minutes in length; Videos shorter than 10 minutes in length will be disqualified. Videos must be a maximum of 15 minutes in length (inclusive of title sequence and closing credits); if a Film is longer than 15 minutes in length, only the first 15 minutes of the Film will be judged. Videos longer than 17 minutes in length will be disqualified.

c. Film must have commenced principal photography on or after 1/1/21; Sponsor may require proof (e.g., an image of the slate for the first shot, an image of the first call sheet or other verification deemed sufficient by Sponsor).

d. Film must not have had any previous exhibition on broadcast or cable (by means of any method or medium) or online.

e. Film must not be publicly available online through 5/31/22.

f. Submissions must be in English or contain accurate English subtitles; common foreign words/phrases are acceptable without subtitles.

g. If the Submission contains any person(s) other than the entrant, by entering this Competition, entrant attests that he/she has received permission from other person(s) depicted in the film Submission [and from parent/legal guardian if other person(s) depicted are considered minors in their jurisdictions of residence] for Sponsor to use their names/likenesses in the Film and for publicity including, but not limited to exhibition on all broadcast and digital media and must make written copies of such permissions available to the Sponsor upon request.

h. If you are determined a potential winner, any people (or the parent or legal guardian for any minors) depicted in film Submission may be required to sign a publicity release at the sole discretion of the Sponsor. Entrant must make written copies of such permissions available to the Sponsor upon request.

i. All Entries must comply with the Submission Guidelines in Rule #3.

j. Limit one entry per person.

An Entrant’s failure to comply with any of the above criteria or dates, as determined by Sponsor in Sponsor’s sole discretion, may result in disqualification.

3. SUBMISSION GUIDELINES: Entrants must agree and comply with the Official Short Film Competition Release. Entrants that choose to utilize Vimeo to submit their Film must comply with Vimeo.com Terms of Service (available at https://vimeo.com/terms). Entrants that choose to utilize YouTube to submit their Film must comply with YouTube Terms of Service (available at https://www.youtube.com/t/terms). Determination of compliance with the Vimeo Terms of Service, YouTube Terms of Service, Official Short Film Competition Release and these Official Rules will be in the sole discretion of the Sponsor/judges, whose decisions are final. Sponsor/judges reserve the right, in their sole discretion, to disqualify any Entry that does not comply with the Official Short Film Competition Release and these Official Rules. Entrants also agree to all Assignment of Rights language, as included in the Official Short Film Competition Release.

4.JUDGING: All Entries will be judged beginning on or about 3/2/22 based on the following judging criteria: (i) Story and Plot (20%); (ii) Technical Merit and Production Value (20%); (iii) Acting Performances (20%); (iv) Creativity and Originality (20%); and (v) Appropriateness to Contest Theme (20%). Judging will be accomplished by Sponsor-affiliated talent and filmmakers and leading APA media organizations, including the Coalition of Asian Pacifics in Entertainment (CAPE) and Visual Communications. In the event of a tie among Entries, the tied Entries will be rejudged in accordance with the Judging Criteria stated herein. Potential winners will be contacted by email, beginning on/about 4/15/22 and will be required to electronically complete a Declaration of Compliance, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release and Assignment of Rights (“Prize Documents”) within 4 days of attempted notification. Noncompliance within this time period may result in disqualification. Sponsor reserves the right to select fewer than the stated number of winners, in its sole discretion, if Sponsor does not receive a sufficient number of eligible and qualified Entries. Limit 1 prize per person.

5. PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): One (1) First Prize - the opportunity to have winner’s Film premiere on HBO platform(s) (including on HBO Max) in 2022; a 2-day/1-night trip to Los Angeles, California in May 2022 for winner and one guest to attend the 2022 Los Angeles Asian Pacific Film Festival where winner’s Film will premiere and winner will receive an HBO Max Visionaries award, trip includes hotel accommodations for 1 night (1 room, double occupancy), round-trip coach air transportation from gateway airport nearest winner’s home and a $5,000 check for winner [(ARV: $6,500.00); actual value will depend on date of booking and winner’s residency]; One (1) Second Prize - the opportunity to have winner’s Film premiere on HBO platform(s) (including HBO Max) in 2022; a 2-day/1-night trip to Los Angeles, California in May 2022 for winner and one guest to attend the 2022 Los Angeles Asian Pacific Film Festival where winner’s Film will premiere and winner will receive an HBO Max Visionaries award, trip includes hotel accommodations for 1 night (1 room, double occupancy), round-trip coach air transportation from gateway airport nearest winner’s home and a $2,000 check for winner [(ARV: $3,500.00); actual value will depend on date of booking and winner’s residency]; One (1) Third Prize - the opportunity to have winner’s Film premiere on HBO platform(s) (including on HBO Max) in 2022; a 2-day/1-night trip to Los Angeles, California in May 2022 for winner and one guest to attend the 2022 Los Angeles Asian Pacific Film Festival where winner’s Film will premiere and winner will receive an HBO Max Visionaries award, trip includes hotel accommodations for 1 night (1 room, double occupancy), round-trip coach air transportation from gateway airport nearest winner’s home and a $1,000 check for winner [(ARV: $2,500.00); actual value will depend on date of booking and winner’s residency]. All details of the opportunity to have the winner’s Film exhibited on the HBO platforms are in Sponsor’s and/or HBO’s sole discretion.

Travel must be completed on dates specified by Sponsor. If a winner resides within a 200 mile radius of Los Angeles, California, winner will receive a $250 travel stipend in lieu of air transportation and no additional compensation will be provided. If opportunity to have winner’s Film packaged as an anthology special, the 2022 Los Angeles Asian Pacific Film Festival and/or the screening or exhibition of any Film does not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of Sponsor, Sponsor’s sole responsibility will be to award the remaining portion of the prize to winner and no additional substitution or compensation will be provided. Prize consists of only the items specifically listed as part of the prize and no additional transportation or accommodations will be provided. All expenses not specified herein are the responsibility of winner. Unless winner is the parent/guardian of winner’s guest, guest must be 18 years of age or older and of the age of majority in guest’s jurisdiction of residence. Winner and guest must travel together on same itinerary. Any Sponsor approved changes to confirmed travel itinerary, made at winner's request, may result in rebooking fees which will be the sole responsibility of winner. All travelers must possess required travel documents (e.g., valid photo ID) prior to departure. Winners and guests must comply with all requirements related to COVID-19 (including any requirement to show proof vaccination and/or testing) as communicated by Sponsor, the Los Angeles Asian Pacific Film Festival, and/or the hotel. With the exception of hotel accommodations, air-transportation and check portion of prizes, prizes have no monetary value. Prizes consist only of the items specifically indicated as the part of the prize. Sponsor reserves the right to substitute a prize for one of equal or greater value. In the event a potential winning Film has two or more Directors, the potential winner may opt to share his/her prize among a maximum of two (2) Directors (or Co-Directors) who will each be recognized as a winner, subject to completion of Prize Documents and verification of Eligibility; however, each such winner will travel to the 2022 Los Angeles Asian Pacific Film Festival without a guest, will share hotel accommodations and equally share the prize check. No more than the number of prizes stated in these Official Rules shall be awarded.

6. DEFINITION OF A FILM DIRECTOR: For the purposes of this Competition, a Director is defined as an individual that directs the production of motion pictures and whatever is seen & heard in the finished film. A Co-Director is someone who shares equal involvement, alongside the Director, in the creative and/or storytelling of the finished film. These directorial functions should include:

· Surveying & approving all locations and their use as they pertain to the directorial concept and need.
· Directorial planning & breakdown of the shooting script.
· Plotting the camera angles & compositions within the frame.
· Participation in determining the requirements of the set, costumes, make-up, props, etc., for their proper directorial perspective and mechanical functioning.
· Participation in the final casting of all performers.
· Rehearsing actors, extras, and any of the visual & audio devices necessary for the completion of the production.
· Directing the action of all actors, extras, etc.
· Directing the dialogue as well as pre-recording & post-recording of dialogue.
· Directorial supervision of the duties of the entire crew during the rehearsal & shooting periods.
· Making such script changes as necessary, within their jurisdiction, for the proper audiovisual presentation of the production.
· The right to the first cut. Prior to completion of principal photography the Director will be advised of and will participate in considerations with respect to the utilization of the following:

   o Trick shots
   o Transparencies
   o Process plates
   o Background
   o Inserts
   o Stock Film
   o Montages Glass & matte shots
   o Miniatures Optical devices

7. GENERAL RULES: All federal, state and local taxes, if any, are the sole responsibility of each prize winner. All federal, state and local laws and regulations apply. No substitution or transfer of prize by winners permitted. By entering, entrant grants to Sponsor and its licensees the right to use Entrant’s Submission, name, likeness and all information submitted or otherwise provided for purposes of advertising, publicity, marketing and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law. Proof of submission is not proof of receipt of entry. Sponsor not responsible for incomplete, lost, late, damaged, illegible or misdirected mail/e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this Competition. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If the Sponsor suspects that an Entrant attempted to obtain additional entries by using multiple identities or any other method, all entries submitted by the entrant will be declared null and void. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. Competition may be cancelled, modified, terminated or suspended if FilmFreeway, Vimeo or YouTube change their terms during the course of the Competition so as to interfere with Sponsor's intended conduct of this Competition or if infected by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside control of Sponsor which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Competition. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with any entry process or harassed any Sponsor representative or any entrant and to cancel, modify, terminate or suspend the Competition. In the event of termination, a notice will be posted on www.hbomaxvisionaries.com and winners will be determined, in accordance with Rule #4, from among all eligible Entries received prior to the time of termination. Sponsor reserves the right, in its sole discretion, to perform a background check on potential winners, inclusive of a social media check. Potential winners agree to provide all verification or authorizations necessary in connection with background check. Sponsor will have the right, in its sole discretion, to disqualify any potential winner if any such background check reveals conduct, information or history that, in Sponsor’s determination, suggests that their Entry is in violation of these Official Rules, or may be harmful to Sponsor or Sponsor’s image or reputation or with which Sponsor does not wish to be associated. By participating in this Competition, Entrants agree to be bound by the Official Rules and the decisions of Sponsor and Sponsor’s designees, which shall be final and binding in all respects. By participating in the Competition and/or accepting a prize, each entrant agrees to hold the Promotion Entities and their respective current and future parents, affiliates, subsidiaries, advertising and promotion agencies, licensees, successors and assigns and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) harmless against any and all claims and liability arising out of participation in this Competition or use/misuse of prize, including without limitation any claims for personal injury (including death) or property damage and any claims for infringement of any third party rights (including any intellectual property, privacy and/or publicity rights). Entrants assume all liability for any injury or damage caused, or claimed to be caused by participation in this promotion or use or redemption of any prize. CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION. Entries are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. Sponsor not responsible for typographical or other error in the printing of the offer, administration of the Competition or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor is WarnerMedia Direct, LLC, 30 Hudson Yards New York, NY 10001

8. WINNERS: The names of the winners will be available on or about 4/22/22 at www.hbomaxvisionaries.com for a minimum of 6 weeks.

9. PERSONAL DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.hbomax.com/privacy. By participating in the Competition, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. Entrants also agree to the Film Freeway Privacy Policy available at: https://filmfreeway.com/page/privacy-policy and Terms of Service available at: https://filmfreeway.com/page/terms-of-service#tos-festivals.

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