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2018 TIFFxInstagram Shorts Festival

TERMS & CONDITIONS

1. APPLICATION OF THESE TERMS & CONDITIONS (1) The following terms and conditions (the “Terms”) govern the submission of a short film (the “Film”) to Toronto International Film Festival Inc. (“TIFF”) for consideration for the 2018 TIFFxInstagram Shorts Festival (the “Shorts Festival”). To the extent that this document is inconsistent with any other document prepared by TIFF or anyone else, this document will take precedence. Any questions about these Terms should be directed to socialmedia@tiff.net.

2. SUBMISSION AGREEMENT By submitting a Film to TIFF for Shorts Festival consideration, the submitter (the “Applicant”) represents that she or he has obtained consent from any and all owners, creators, writers, producers and/or other authorized representatives of the Film whose consent is required to submit the Film to TIFF (the “Film Owners”), and has read, understood, and agreed to the Terms. TIFF may disqualify or reject, but is not required to do so, any submission that it determines in its sole discretion, is not in compliance, in whole or in part, with these Terms.

3. SUBMISSION ELIGIBILITY Films that do not meet the eligibility requirements should not be submitted and will not be considered by TIFF. TIFF may accept late submissions at its discretion. Film Owners must have a Public Instagram account from submission date through to July 20, 2018. The Film submitted must be one (1) minute in length or shorter. The Film must be submitted between Tuesday, May 29th, 2018 at 10am EST and Monday, June 18th at 11:59pm EST. To submit a Film, Applicants must upload the Film to Instagram with hashtag #TIFFxInstagram. In addition, Applicants must also complete the Submission Form hosted on TIFF.net/ShortsFestival (available starting May 29). Failure to comply with these requirements will result in disqualification from the submission process.

4. SELECTION TIFF will consider for inclusion in the Shorts Festival all eligible Films that have been submitted by the above deadline and in accordance with these Terms. TIFF reserves the right to consider for inclusion in the Shorts Festival, and include in the Shorts Festival, Films received at any time and through any means, channel or process, including means, channels or processes other than those outlined in these Terms. Nothing in these Terms or otherwise requires TIFF to select for Shorts Festival inclusion any of the Films submitted through the process outlined in these Terms. All selection decisions are at the sole and absolute discretion of TIFF, and are final and unreviewable. TIFF is not required to provide any feedback, comments or reasons, or any other information, regarding the selection or non-selection of any submitted Film or the process by which Film are or have been selected. TIFF is not responsible or liable for its selection decisions; for the contents of any internal comments or feedback regarding the Film that are or may be obtained from the Applicant or anyone else; for any communications by any representative of TIFF relating to the Film or the Shorts Festival selection process; for the manner in which the Film shall be, is or was considered and reviewed; or for any failure on the part of the Shorts Festival to provide the Applicant or anyone else with information concerning TIFF’s consideration and/or review of the Film. TIFF will notify by July 9, 2018 all Applicants who have been selected to participate in the Shorts Festival. TIFF will contact Applicants using the contact information provided in the registration form. Applicants are responsible to provide correct and functional contact information. TIFF is not responsible for any failed attempts to contact Applicants using the contact information provided.

5. INTELLECTUAL PROPERTY, LEGAL CLAIMS AND INDEMNITIES By submitting the Film to TIFF, the Applicant and Film Owners (the “Submitting Parties”) hereby warrant and represent that: (i) the Film is wholly original and is not copied from and does not include any other work that is the subject of copyright or other protection, unless such work is in the public domain or the Submitting Parties have obtained any and all consents, releases, licenses, and other authorizations or waivers of any kind necessary for the inclusion or reproduction of any person, character, location, thing, trade-mark, sound recording, musical composition or other work in the Film; (ii) the Film does not defame any person or violate the common law or statutory rights, including, without limitation, the rights of privacy and publicity or any other right of any person; (iii) the Film is not the subject of litigation nor, within the knowledge of the Submitting Parties, is there any threat of litigation; (iv) there are no agreements, nor will there be any agreements made subsequent to the date of this Film submission that would or could have the effect of impairing the Submitting Parties’ ability to provide the Film as contemplated herein, or otherwise conflict with any provision of these Terms; and (iv) the Submitting Parties have the full right, power and authority to submit the Film to TIFF for Shorts Festival consideration, and to grant all of the rights granted hereunder and in the registration form, and there is no obligation or disability which would in any way impair, restrict or impede the Submitting Parties from fully performing all obligations pursuant to the submission and these Terms. The Submitting Parties agree to indemnify and hold harmless TIFF, its licensees, successors and assigns, and its and their members, officers, directors, employees, agents, representatives, associates and affiliates (each, a “Releasee”), from any claim, suit, action or other proceeding brought against a Releasee and from any losses, costs, or damages, including the Releasee’s full legal costs, which it may have suffered or incurred or may suffer or incur, directly or indirectly based on, in connection with, or arising from the use and Shorts Festival of the Film submitted by the Applicant or the breach or alleged breach of any representation, warranty or other agreement made by the Applicant in these Terms. By submitting an Film to TIFF, the Submitting Parties hereby release TIFF from any and all liability in the event of theft, unauthorized access or copying, or any breach of copyright of the submitted Film while it is in TIFF’s possession.

By submitting the film to TIFF, the Submitting Parties hereby grant TIFF, its successors, assigns and licensees a non-exclusive irrevocable, royalty-free license to incorporate, use and reproduce the Film in whole or in part, in any manner and in all languages, editions, derivations, formats and media, whether now known or hereinafter devised in all territories throughout the world, in perpetuity for various purposes in connection with and promotion of the Shorts Festival, TIFF’s charitable mandate and in connection with the activities and ancillary products of TIFF, its affiliates, partners, and sponsors.

The Submitting Parties hereby waive in favour of TIFF and its successors, assigns and licensees all moral rights of whatsoever nature in and to the Film and any right to inspect and/or approve any advertising or promotional materials that may be used in connection with its use by TIFF as expressly permitted hereunder.

SUBMISSION CHECKLIST

1. Complete the online submissions form on TIFFxInstagram landing page on TIFF.net
2. Upload short film to Instagram with the hashtag #TIFFxInstagram
3. Ensure Instagram account is set to “Public”

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