Spike & Mike’s Animation Open Call (“Open Call”) is offered by Skybound, LLC (“Skybound”). By submitting your original animated Short (“Short”) for consideration, you expressly agree to abide by these terms (“Submission Terms”) and decisions of Skybound and its designees, which shall be final and binding in all respects relating to a submitted Short (as defined below). 

 

HOW TO SUBMIT: For consideration to be featured in Spike & Mike content, visit spikeandmikefest.com/submit-a-short and upload a copy of your original animated short.  

 

Skybound will contact you via email if your Short is selected for additional consideration for potential inclusion in Spike & Mike content. Skybound makes no guarantee that any Shorts submitted for consideration will be ultimately selected for use.  Selection for inclusion in any Spike & Mike content is at Skybound’s sole discretion.  

 

SHORT REQUIREMENTS: 

 

• Short must be your own original work, and/or you must have all rights necessary to submit the Short and to grant the rights set forth herein. If non-English dialogue is utilized, Short must have English subtitles. 

• Short must be at least 1 minute in length but no more than 15 minutes in length, including title cards. 

• Short must be submitted in the following format: Digital upload link, HD (1920x1080 or equivalent pixel density, higher preferred). 

• Short must include creator credits in the work itself. 

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SUBMISSION CONTENT RESTRICTIONS: 

 

Short may not contain, and you hereby represent and warrant that it does not contain, any content that: 

• includes music for which you cannot grant the rights set forth in the Grant of Rights to Entries set forth below (Skybound reserves the right to require proof in a form acceptable to Skybound); 

• infringes upon the copyrights, trademarks, moral rights, performers’ rights, rights of privacy, publicity or other intellectual property or other rights of any person or entity; 

• contains copyrighted materials owned by others (including music, lyrics, dialogue), without permission to the extent permission is necessary; 

• contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; 

• contains the names or voices of any person, or otherwise identifies any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary; or violates any law, rule or regulation. 

 

You understand and acknowledge that: 

• Skybound has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees; 

• many ideas may be competitive with, similar or identical to the Short and/or each other in theme, idea, format or other respects; 

• You will not be entitled to any compensation as a result of Skybound’s use of any such similar or identical material; and 

• Skybound does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Short. 

• You, the submitter of the Short (“You”) are of at least thirteen years (13) of age or older as of the date of submitting the Short. If You are between thirteen (13) and eighteen (18) years old, you agree that you will have a parent or legal guardian agree to the terms on the entry form above. 

 

BY SUBMITTING A SHORT, YOU UNDERSTAND AND AGREE TO: 

 

GRANT OF RIGHTS: By submitting a Short for consideration, you agree and hereby grant to Skybound and its designees, successors, licensees and assigns an unlimited, non- exclusive, perpetual, irrevocable, assignable, royalty-free, fully paid-up and attributed license to reproduce, distribute, create derivative works of, edit, alter, broadcast, stream, post, combine with other materials, exploit, display, distribute and otherwise use the Short, and all elements embodied therein, in whole or in part, in any manner and in any and all media now known or hereafter devised throughout the universe for inclusion in Spike & Mike content, without limitation or notification to, or permission from, you or any third party. You agree to give Skybound the first chance to grow your idea, and Skybound may be the first to consider making a new project based on the characters, storylines, themes, ideas, or plot of your Short (“Derivative Work”). If Skybound passes the chance to work with you on any of your derivative works in writing, then you are free to approach others to help develop, produce, or distribute a Derivative Work. You hereby waive all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as “moral rights”, to the extent permitted by applicable law, with respect to the use of your Short. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of a Short by third parties. Released Parties do not guarantee use of any Short. 

 

PUBLICITY GRANT:  Skybound and anyone acting on behalf of Skybound and its licensees, successors, and assigns, shall have the right, but not the obligation, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, in its sole discretion, without limitation, your name, user portrait, picture, voice, likeness, image, statements about the Open Call, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. 

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CONSIDERATION: You acknowledge that these Submission Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, You acknowledge that such consideration includes, among other things, the possibility of Skybound’s use or display and/or distribution of your Short with a credit to You, and the possibility of the publicity and promotion from Skybound’s use or display and/or distribution of your Short. 

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GENERAL CONDITIONS: By submitting a Short for consideration, to the extent allowable under applicable law, you save for cases of death or personal injury caused by negligence of any Released Party (as defined below) or cases of loss or damage caused by fraud of, or breach of these Submission Terms by, a Released Party, agree to release, discharge, hold harmless and indemnify Skybound, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon copyright infringement, trademark infringement, invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from your participation in the Open Call and/or the use of any Short by Skybound or any other Released Party. 

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Unless the damage of the participant is caused by gross negligence or willful intent of a Released Party, Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Shorts, emails, or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Open Call, including, without limitation, errors or difficulties which may occur in connection with the administration of the Open Call, the reviewing or aggregating of Shorts or in any Open Call-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Open Call. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Open Call or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Open Call, who act in an unsportsmanlike or disruptive manner or who are in violation of these Submission Terms, as solely determined by Skybound, will be disqualified. Skybound reserves the right at its sole discretion to suspend, modify or terminate the Open Call at any time and for any reason. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE FILM FESTIVAL MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SKYBOUND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 

In an event of slight negligence, the Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” is an obligation whose fulfilment makes the implementation of this Promotion possible in the first place and on the fulfilment of which the participant may therefore generally rely upon. This liability shall be limited to the typical, foreseeable damages. Void where prohibited by law. All applicable federal, provincial, territorial, state and local laws apply. 

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GOVERNING LAW; VENUE; ARBITRATION. This agreement shall be governed by and shall be construed in accordance with the laws of the State of California, to the extent allowable by applicable law. Skybound and you agree that any and all disputes or controversies arising out of or related in any manner to this agreement and/or arising under this agreement, any of its terms, or the subject matter of this agreement, including any effort by any party to enforce, interpret, construe, rescind, terminate or annul this agreement, or any provision thereof (including the determination of the scope or applicability of this agreement to arbitrate, any claims concerning the validity, interpretation, effect or violation of this agreement, violation of any federal, state, or local law, any tort, and/or any other aspect relating to this agreement or the subject matter of this agreement) shall be resolved by binding arbitration before a single, neutral arbitrator, who shall be experienced in the entertainment industry. All arbitration proceedings shall be conducted under the auspices of JAMS, under its streamlined arbitration rules and procedures, or subsequent versions thereof, through its Los Angeles, California office. Skybound and you agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party except as required by applicable law. The arbitrator’s decision and award must be in writing, specifying the essential findings and conclusions on which the award is based, and shall be binding and final on both parties. Each party agrees that it is responsible for its pro rata share of JAM’s arbitration fee (including the fee of the arbitrator); provided, however, that the arbitrator may, nonetheless, allocate any or all of such fees among the parties at his/her discretion as part of his or her decision and/or awards. 

 

USE OF DATA: Skybound shall use and take care of any personal information supplied and in accordance with its privacy policy at https://www.skybound.com/privacy-policy (“Privacy Policy”) 

 

ENTIRE AGREEMENT: These Submission Terms, together with the Privacy Policy and Entry Form, which is incorporated herein by reference, are the entire and exclusive agreement between Skybound and You regarding the Short, and these Terms supersede and replace any prior agreements between us regarding the Short. No person or company will be third party beneficiaries to these Submission Terms. 

 
Skybound may revise these Submission Terms from time to time; the most current version will always be posted to this URL. By continuing to submit a Short after any revisions become effective, You agree to be bound by the revised Terms. 

 

IF YOU, THE OWNER OF THE CONTENT, ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR LEGAL GUARDIAN READ AND AGREE TO THE FOLLOWING: 

 
I, the parent or legal guardian (referred to as “I” or “Guardian”) represent and warrant that I am either: (i) the parent (with sole or shared custody, as applicable) or (ii) the legal guardian of the minor child (the “Minor”) submitting a Short for consideration and that I have the legal capacity to minor child (the “Minor”) to enter into irrevocable, binding agreements on behalf of the Minor. I, both individually and on behalf of the Minor and as the Minor’s parent or legal guardian, agree to be bound by all of the provisions of this agreement. As a material part of the consideration inducing Skybound to enter into the foregoing agreement with the Minor for use of the Content and the possible benefits arising therefrom, I hereby: ratify and approve each and all of the terms, conditions, rights, indemnities, releases and obligations contained in the agreement; agree to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by the Minor; consent to the use of Minor’s name, likeness, and voice as provided in the agreement, in and in connection with the production, distribution, exhibition, exploitation and promotion of the Program; and irrevocably guarantee and warrant that Minor will not disaffirm or disavow the agreement on the grounds that Minor is a minor at the date of the execution thereof, or on any other similar grounds. This guarantee shall be applicable as well to any modification, amendment, extension, renewal or substitution of the agreement, and to the agreement as modified by any waiver. If Skybound elects to seek Court approval of this agreement, I, in consideration of the execution of the agreement by Skybound, further agree to cooperate with Skybound to secure the approval, by a Court of competent jurisdiction, of the agreement. I agree to indemnify and hold the Releasees (as defined in the agreement) harmless from and against any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees which may arise from the breach or alleged breach by Minor or Guardian of the foregoing.———————————————————————————  

While You may be requested to complete additional documents in connection herewith, any failure to complete such documents as so requested by Skybound or its associates in no way limits, voids, relinquishes, modifies, or diminishes the rights herein granted.  

THIS IS A LEGAL DOCUMENT. YOU AGREE THAT, SUBJECT TO THE TERMS HEREIN, YOU ARE GRANTING A NON-EXCLUSIVE LICENSE IN THE SUBMITTED SHORT TO THE PRODUCER OF SPIKE&MIKE CONTENT, SKYBOUND, LLC, ITS PARENTS, AFFILIATES AND/OR ASSIGNS, IN PERPETUITY, IN ALLMEDIA, THROUGHOUT THE UNIVERSE.  

 

By clicking “SUBMIT” You agree that You have read the above and agree to the terms therein.