Each Participant must ensure that his or her participation in the Competition is lawful in accordance with the applicable laws. The Foundation does not make any representations, express or implied and is not liable in relation to the same. By entering into the Competition, each Participant/s represents and warrants that:• They have read, understood and agree to abide by, the Terms along with the “Official Filmmaking Rules” of the Project, as displayed on the Project website being www.yesfoundation.in.• They shall be responsible for all crew, cast, equipment, locations, and other items necessary for participating in the Competition and all costs, expenses, damages and claims in relation thereto.• The content of the Film including but not limited to the written material, images, photographs, graphics, audios, videos etc., (collectively “Content”) are owned by them and they have obtained all necessary releases/ consents/ permissions (if any required) (collectively “approvals”) in relation thereto, which approvals shall be provided to the Foundation, as and when required by the Foundation.• All approvals required in relation to the Content of the Film not owned by the Participants have been obtained from the legal owner/s thereof along with the consent of all the subjects/individuals/entities/organisations depicted in the Film and/or in relation to the things used in the Film and/ or as required from the appropriate authorities, and such consent/ approvals shall be provided to the Foundation, as and when required by the Foundation.
By entering into the Competition, each Participant/s absolutely, irrevocably and unconditionally agrees, confirms and accepts that:• The participation in the Competition is without remuneration or monetary compensation whatsoever. The consideration for participating in the Competition is the possibility of winning the Award and screening of the Film/s at the conclusion of the Competition and the possibility, although not the obligation by the Foundation for future screenings and distribution, the opportunity for publicity or exposure for being a Participant/s in the Competition, and the opportunity for NGOs/Social Enterprises to win grants.• The Foundation shall have the right which may be exercised at any point of time, without any liability thereof, to disqualify any Film/ Participant from the Competition and/or at any time cancel the Competition and/or alter/ modify the rules in relation thereto and/or the Terms.• Selection of the Film/s for the Award shall be the decision of the jury whose decision shall be final and binding on all Participant/s. Further, the Award shall be subject to the Participant/s complying with the conditions laid down by the Foundation in relation to the Award and all rights in relation, belonging to the Foundation only.• The Foundation shall have the sole right to shortlist the Film/s and use the same for spreading awareness on social issues along with the right to showcase the Film/s at film festivals/ other venues and also the right to further allow such use by other organizations/ educational institutions/entities.• The Participant shall, subject to prior written consent of the Foundation, have the right to enter the Film in film festivals and/or to screen the Film at local film events and/or to stream the Film or any portion thereof on Participant’s personal website for internet viewing and/or to distribute the Film for free via DVD and/or and any other use agreed to in writing by the Foundation.• All rights in and to the Film shall belong to the Foundation and the Participant hereby grants/transfers to the Foundation the following rights, which, except for the limited right of the Participant as set forth above, shall be exclusive to the Foundation i.e., the right to screen, show, exhibit, telecast, broadcast, advertise, market, exploit, and disseminate the Film and/or any portion thereof throughout the universe in perpetuity, via any medium and in any manner whether now known or hereafter invented, including but not limited to theatrical, television (including without limitation all forms of broadcast, cable, and digital television), DVD/home video/videogram (including any videogram successor), internet distribution and any means of digital download. In no manner limiting the foregoing, the Foundation shall have the right to use the Film and any portion thereof to advertise, promote and publicize the Project/ Competition and/or itself in any manner and via any medium at the Foundation’s sole discretion.• Registering for the Competition would require sharing contact information with the Foundation which the Foundation can use to contact the Participant about any updates, promotions or anything related to the Project or the Competition.• The rights, permissions and authority hereby granted to the Foundation are absolute, irrevocable and unconditional and have been granted to the Foundation for an indefinite period of time without any restrictions as regards sub-licensing and/or assignment.• The Participant shall indemnify, defend, and hold harmless the Foundation, its trustees, governing council members, officers, directors, employees, licensees and assigns (collectively “Indemnified Parties”) from any and all claims, costs, damages, expenses and liabilities including without limitation attorneys fees (collectively “Claims”) arising from the creation, production, use, exhibition, promotion, marketing, merchandising, or other exploitation of the Film by the Participant and/or, the Indemnified Parties and/or any of them including without limitation Claims for negligence, intellectual property/ copyright violations and other torts, unauthorized use of likeness, invasion of right of privacy, publicity or personality, defamation, fraud, infringement of copyright and trademark, and breach of contract), and for any breach by Participant of any representation, warranty or obligation of Participant here under. The Foundation shall not be responsible for any direct or indirect damage caused by the actions of the participants of the filmmaking challenge or the winners of the filmmaking challenge while fulfilling their obligations under the competition.DISCLAIMER TO PARTICIPANTS:• Please ensure that your Film/s does not hurt any religious, political, societal or identity sentiments of individuals, community groups and organisations. The Foundation shall have full rights to decide whether to showcase or withdraw Film/s from award ceremonies, film premiere and film festivals, if they are found to be insensitive towards any individuals, groups or organisations. • The Foundation shall not be held responsible, in any way, directly or indirectly, towards any thoughts, opinions or sentiments expressed by the Participant/s through their respective Films. This responsibility lies solely on the Participant/s. The thoughts, opinions or sentiments expressed through their respective Films belong to the respective filmmakers. • Once the Film/s have been completed and ready to be shown, the Foundation shall reserve full rights to decide whether to showcase a Film at the premiere or film festivals. • The Foundation shall not be held responsible for any copyright and/or intellectual property violations/infringements or breach on the part of the Participant/s and the Participant/s shall be solely responsible for the aforesaid and shall keep the Foundation fully indemnified from and against any/all costs, expenses, damages, charges, claims, penalties etc. arising therefrom. The Participant/s are strongly advised to ensure that they explicitly seek prior permission from respective authorities/ persons/entities before using any footage, music or content which is copyrighted/ not owned by them and provide the same to the Foundation as and when required.• Participation in YES! i am the CHANGE Filmmaking Challenge doesn’t guarantee awards/grants to all individuals/organisations participating.• The Foundation reserves the right to select and declare winners/awardees/grantees at its discretion and in accordance with its evaluation processes.• All approvals required to be obtained by the Participant/s hereunder should be obtained from appropriate authorities/ persons who are the owner/s thereof and legally entitled to accord approvals in relation thereto. Further, giving credit for the borrowings (including intellectual property) in relation to the Film does not relieve the Participant/s of the need to obtain such approvals. The Participants are legally required to obtain the approvals to reproduce, photograph, record, translate, copy or paraphrase any work or part of a work that is protected by copyright and/or owned by someone else. Such approvals should be obtained by the Participants and provided to the Foundation as and when required. In case of minors, the approvals should be obtained from their parents.• There should be atleast one adult team member who would be above 18 years of age as on 1st January 2018.• The Participant/s should be of sound mind.