C3EnergyLondon2014 Brief

Thank You
For downloading the

C3 Energy 2014 London Competition Brief
Along with the brief, you will find the following forms:
! Filmmaker Agreement Form
! Talent Release Form
! Music Release Form

Please make sure that you complete these forms and submit them, via
www.MOFILM.com/CCA, as soon as you have uploaded your entry. Please note you
need to upload your film first so that you can get the MOVIE ID number to include in
the filmmaker agreement.
We hope that you enjoy making your entry. If you have any questions, would like
any advice or feedback on your concept, then please just ask! You can also get
feedback on your entry before the contest closes so you can make changes. All
you need to is upload it before the deadline and then ask. You can get our
attention by emailing us at support@mofilm.com, on twitter, @MOFILMUGC or
on Facebook, www.Facebook.com/MOFILM.

Well respond in enough time so you can make edits.

Good Luck!

MOFILM

MCllLM C3 Lnergy London 2014 lllmmaker 8rlef and AgreemenL
C3 Energy Filmmaker Brief:
Background
Climate change is one of the most complex unsolved problems facing humanity, and
it impacts everything from weather patterns to public health, ecosystems to global
economies. Its magnitude and persistence are staggering.
Droughts, floods, fires, super storms, food scarcity, resource wars, unforeseen
population migration, species endangerment, and other catastrophic consequences
of climate change can be mitigated by technology.
We know that cleaner energy, generated and used more efficiently, is a critical part
of the answer, but how do we get there?
Imagine if the processing power of Google or Twitter was applied to energy data.
Imagine if the operating system behind our power source was a self-learning
machine. Imagine if you could control your energy use through your smart phone.
C3 Energy is applying cutting-edge computer science and information technology to
enable a cleaner, safer, more reliable, and more efficient energy system. C3 Energy
is delivering software solutions that enable smarter generation, delivery, and
consumption of energy.
This advanced energy system is not a thing of the future. Today, C3 Energy is
leveraging big data, social networking, cloud computing, and machine learning to
improve the sustainability, efficiency, reliability, and safety of power delivery.
And because of all this, our worlds energy systems will be smarter, greener, and
safer.
To find out more about C3 Energy and what they do, visit
http://www.c3energy.com/about-overview.
Insight
You make a hundred choices everyday about energy without thinking. You turn on a
light, take a hot shower, and open the fridge.

Imagine if the same technology that enables you to share a status update, a photo,
or a 140-character thought was applied to make each of these energy choices
cleaner, greener, and safer.
You scan massive amounts of information using the apps on your smart phone, but
what if our energy system could leverage similar technology? A modern energy
system will be able to communicate immense amounts of data wirelessly across
remote networks. This data is then rapidly fed into next-generation software
application that process, analyze, and learn from the data to produce increasingly
accurate and rich insights that improve data-to-day operations and energy
management.
Imagine if the power of cutting-edge technology (and the brains behind them) could
be harnessed and applied to the worlds energy systems.

What we want?
Make a film about how technology brings positive change and how it could
contribute to the future of energy and global sustainability.
Through our work, someone will choose the stairs over an elevator; someone will
shorten their shower; and someone will trade their radiator for a cozy sweater.
Through our work, appliances will talk to homes that talk to cars that talk to wind
turbines and solar panels. Through our work, power systems will safely and reliably
deliver energy to schools, homes, and hospitals.
Do you share our passion? Make a film that shows what happens when cutting-edge
technology converges with a global challenge, like energy.
The target audience is the general public, so you are encouraged to be creative and
think outside the box with your ideas. This issue is an important one, and as such
your film should be impactful and engaging. Wouldn't it be great if you could use
your filmic ability to bring this issue to life in the same way that C3 Energy is using its
software ability to raise awareness of this issue?


Target Audience: this film should resonate with people who care about energy and
climate change. This could be anybody from a high school activist to a utility CEO.
Tone: creative, educational, engaging, optimistic, intelligent.
Length: 60 - 90 seconds
Executional Mandatories:
- End Tag to include C3 logo and URL (www.c3energy.com)

MOFILM FILMMAKER AGREEMENT

THIS FILMMAKER AGREEMENT is made on
2014

BETWEEN:

(1) MOFILM LTD, having its registered office located at 40 Clifton Street, London, EC2A 4DX, UK
(MOFILM); and

(2) YOU (Filmmaker or "You").
Filmmakers Name
________________________________________________________________
Filmmakers Address
________________________________________________________________
Date of Birth
________________________________________________________________
Film School Attended (if any)
________________________________________________________________
Business/Cell Phone
________________________________________________________________
Home Tel Number
________________________________________________________________
Email Address
________________________________________________________________
Company Brand
________________________________________________________________
Film (Working Title)
________________________________________________________________
MOFILM Movie ID
________________________________________________________________
Competition
________________________________________________________________

WHEREAS:


A. Filmmaker is the creator and owner of certain Content as more particularly defined below.

B. MOFILM operates certain mobile content digital transmission services and makes provision for
the delivery of certain Content via mobile telephones, portable devices and/or PCs, cinema and
television.

C. MOFILM wishes to obtain from Filmmaker, and Filmmaker wishes to provide to MOFILM, certain
Content on the terms and conditions set out below.

WHEREBY IT IS HEREBY AGREED:

1. DEFINITIONS

"Acts" means the Copyright, Designs and Patents Act 1988 (as amended) and the US Copyright Act of
1976 (as amended);

"Brand Participant" (or "Brand") means a brand partner providing a relevant Brief and associated with
MOFILM for purposes related hereto;

Brief means the description of aesthetic and technical requirements for entries in each Competition;

"Clearance Paperwork" means this Filmmaker Agreement, together with the attached Talent Release
Forms (one for each applicable person) and where applicable the Music Clearance Agreement;

"Competition" means the competition listed above run by MOFILM to which Filmmaker may enter Films
and/or Content pursuant to this Agreement and the terms and conditions of the Competition available via
the Site from time to time (and the culminating event of each Competition shall be an Event);

"Content" means the Film and other content, including without limitation graphics, sound recordings and
biographical materials delivered by Filmmaker to MOFILM hereunder;

"Contest Period" means the period between the commencement and the closing date of the
Competition, as set out in the Brief or on the relevant page of the Site from time to time;

"Film" means an original audio-visual recording created and owned by Filmmaker and submitted or
delivered to MOFILM for distribution to Brand Participant and end users;

"Intellectual Property Rights" means all intellectual property rights, howsoever arising and in whatever
media, whether registered or capable of registration, including without limitation, copyright, trade marks,
trade names, database rights, patents, image rights, Moral Rights and rights of privacy;

"Moral Rights" means the right of integrity, the right of paternity and all other rights customarily referred
to as moral rights throughout the world;

"Selected Content" means each item of Content (i.e. each Film) selected by MOFILM and/or Brand
Participant as a finalist or otherwise as an item to be assigned to MOFILM hereunder in accordance with
Clause 5.1;

"Service" means the commercial services provided by MOFILM hereunder; and,

"Site" means the MOFILM website at www.mofilm.com and/or other URLs notified to Filmmaker from time
to time.

2. GRANT OF RIGHTS

2.1 Filmmaker hereby grants to MOFILM the worldwide rights to use, reproduce, store, format, adapt,
distribute, display, publicly perform, license, exhibit, broadcast and/or make available and transmit to end
users the Content in all media for all purposes, including but not limited to cinema and television
distribution, as part of the Service and otherwise in relation to Brand Participants. Further, Filmmaker
hereby grants to MOFILM the right to use, reproduce and display the name and likeness of Filmmaker,
and any trade marks or trade names related to or contained within the Content for the purposes of
marketing and promoting the Content and the Service. Filmmaker acknowledges that MOFILMs only
liability to Filmmaker shall be to use reasonable endeavours to provide the Fee (set out under Clause 4
below). Unless Filmmaker has requested otherwise, Filmmakers name and other profile information may
be published alongside such material.

2.2 Notwithstanding and without limiting the above, by submitting Content to MOFILM, Filmmaker
consents and agrees to assign and transfer to MOFILM (or, at MOFILM's direction, to the relevant Brand
Participant), in accordance with Clause 5.1 below, all right, title and interest in and to such Content.

2.3 Filmmaker hereby agrees, at the request of MOFILM, to execute all such further documents and do all
such further acts as MOFILM may require in order to vest in MOFILM and the relevant Brand Participant

the rights hereby intended to be licensed and/or assigned.

2.4 To the maximum extent permitted by law, Filmmaker explicitly releases, discharges and holds
harmless the Brand Participant, its affiliates, subsidiaries, successors and assigns, and their respective
directors, officers, employees, shareholders, attorneys, representatives and agents, from any and all
liability, actions, causes of action, damages (whether actual, incidental or consequential), claims and
demands whatsoever in law or equity, including all costs, which s/he now has or may assert, including but
not limited to, those with respect to or in any way arising from Filmmakers participation in the Competition
or the awarding, acceptance, possession or use (or misuse) of the Competition prize, including, but not
limited to, liability for personal injury, death or illness arising out of the aforesaid prize. Filmmaker
understands that the parties to be released hereby are not responsible for any part of the prize except to
make payment for the prize.

2.5 Filmmaker acknowledges that Filmmaker has a limited license to utilize the brands, logos,
trademarks, product images or other assets of the Brand Participants solely for purposes of creating
Content for the Competition. In the event that the Content submitted by Filmmaker is not selected as a
winning entry, Filmmaker agrees that it will make no further use of the Brand Participants Intellectual
Property Rights, including, without limitation, Brand Participant's logo, trademarks, product images and/or
any other assets provided by Company or MOFILM to Filmmaker in connection with the Competition.

2.6 ACTORS AND INDIVIDUALS APPEARING IN CONTENT: Filmmaker warrants that Filmmaker has
obtained and agrees to provide to MOFILM a completed and signed talent release form in the form
attached hereto (Talent Release Form) which provides consent (and a waiver of moral rights) for use of
the name(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in the Content.
You must provide evidence that all talent grants in writing all usage rights on a fully-paid-up basis that
allows unrestricted worldwide usage in all media for all lawful purposes, in perpetuity.

3. FORMAT, DELIVERY AND ASSESSMENT OF CONTENT

3.1 Filmmaker shall deliver the Content to MOFILM in such format(s) in accordance with Clause 7 below,
and the Official Rules of Entry for the Competition and/or the upload pages of the Site from time to time.

3.2 Filmmaker acknowledges that MOFILM shall assess all Content, such procedure being made up of
technical, legal and aesthetic evaluation. MOFILM shall be entitled in its absolute discretion to accept or
reject Content and/or remove any objectionable or infringing material, without being obliged to give
reasons, and Filmmaker shall have no right to contest any such assessment made by MOFILMs
adjudicators. Filmmaker agrees that MOFILM shall be entitled in its absolute discretion to suggest
corrections or technical alterations to submitted Content and acknowledges that, where such suggestions
are substantial, Filmmaker may be asked to consent to such corrections made by MOFILM or to revise
and re-submit the Content.

3.3 Filmmaker agrees and undertakes to use only the music supplied by MOFILM to Filmmaker

specifically for the purposes of the relevant Competition in each case. If Filmmaker wishes use any
original music (other than that supplied to Filmmaker by MOFILM), Filmmaker shall contact MOFILM to
make an Original Music Request in writing, For the avoidance of doubt, Filmmaker shall deliver Films to
MOFILM using only Library Music supplied by MOFILM, unless agreed otherwise in writing in each case.

4. FEE
4.1 In consideration of the rights granted by licence or transferred by assignment by Filmmaker herein
(each of which shall be sub-licensed and/or fully assigned to Brand Participant and its
licensees/assignees), MOFILM shall offer Filmmaker the chance to enter the Competition(s), in which the
finalists (and certain others) will be paid five-hundred US dollars ($500) or prize equivalent of at least US
dollars ($500) plus any further amount (if any) as determined by the relevant Brand Participant (Fee) for
each item of Selected Content.

4.2 Filmmaker acknowledges and agrees that the opportunity to compete for the Fee and the self-
promotional opportunities made available to Filmmaker hereunder by way of publicity and exposure
through the Site(s), constitutes sufficient consideration for Filmmakers services and the products of such
services provided to MOFILM (including without limitation the Content) in relation to this Agreement.

4.3 Any payments to Filmmaker hereunder will be made in US dollars and, if and where applicable,
converted into other currencies at the current exchange rate when received or transferred by MOFILM,
net of any bank charges. Payments may be made by bank cheque or electronic transfer.

4.4 Where Selected Content is used by the Brand for use within commercial cinema exhibition or
broadcast on television then Filmmaker shall receive the following payment for each item of Selected
Content so used;
Territory Broadcast on terrestrial television
(US$)
Used in commercial cinema
(US$)
USA $5,000 $2,500
Canada, Western Europe &
Australia
$2,500 $1,250
Rest of World $1,250 $625

For the avoidance of doubt where Selected Content is used first in one region or for one use and then
another, the maximum aggregate payment to the Filmmaker will be the higher of that region or use. (For
example if a piece of Selected Content is broadcast on television first in Rest of World, then in Canada,
the total aggregate payment to the Filmmaker would be $2,500, not $1,250 plus a further $2,500)

5. INTELLECTUAL PROPERTY AND ASSIGNMENT OF RIGHTS


5.1 Filmmaker agrees and acknowledges that, following payment of the Fee, Filmmaker (by way of
present and future assignment) assigns with full title guarantee to MOFILM all right, title and interest in
the Selected Content (and, accordingly, all Intellectual Property Rights in the Selected Content shall be
owned and controlled by MOFILM). For the avoidance of doubt, MOFILMs rights under such assignment
shall include (without limitation) the exclusive, world-wide rights to use, reproduce, distribute, display,
publicly perform, exhibit, broadcast, transmit, license and/or make available the Selected Content In any
and all media (including without limitation for television and/or cinema advertising and/or internet
exhibition purposes), and Filmmaker acknowledges and agrees that MOFILM intends to sub-license or
fully assign such rights to the Brand Participant.

5.2 To the fullest extent legally possible in each country of the world, Filmmaker hereby irrevocably
waives all Moral Rights in and to the Content in relation to all uses thereof by MOFILM and the Brand
Participant(s), and their licensees or assignees.

5.3 MOFILM shall, where practicable for each format, use its best endeavours to cause copyright notices
relating to each item of Selected Content delivered to be displayed to end users when such Selected
Content is exhibited by MOFILM. Each copyright notice shall, so far as reasonably practicable for each
format, be displayed in the following format: (c) [Year of first publication] [name of Filmmaker].

5.4 You acknowledge and agree that, should you be selected as a finalist, the self-promotional
opportunities made available to you by way of publicity and exposure through the Site (together with the
possible awarding of any prize and/or the Fee), constitute sufficient consideration for the full title
guarantee to your Content.

5.5 The brands, products and service names of MOFILM and the Brand Participant are the trade marks or
trade names of MOFILM, the Brand Participant or their trading partners unless otherwise stated. Your use
of such trade marks is limited to use within submitted Content for the purposes of this Agreement and
such authorisation may be withdrawn at any time. You may not use such trade marks for any purpose
other than within your Content during the Term and for the purposes of this Agreement and you hereby
undertake after the close of the Competition not to use such trade marks and to delete or destroy all such
use of such trade marks in Content controlled by you. You may not distribute products or offer services
under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines
without the prior written permission of MOFILM and the Brand Participant.

5.6 You acknowledge and agree that material submitted hereunder is submitted voluntarily and not in
confidence or trust, and that no confidential or fiduciary relationship is intended or created between
Filmmaker and MOFILM and/or any Brand Participant by reason of submission or otherwise. You further
acknowledge and agree that use by MOFILM or the Brand Participant of material similar or identical to (or
containing features or elements similar or identical to those contained within) any material submitted by
Filmmaker shall not obligate MOFILM to negotiate with Filmmaker nor entitle Filmmaker to any
compensation if MOFILM determines that it has an independent legal right to use such material (either
because such features or elements were not new or novel or were not originated by Filmmaker or were or
may hereafter be independently created by or submitted to MOFILM).


6. WARRANTIES

6.1 Each party warrants and covenants to the other party that it has the right and power to enter into and
fully perform all of its obligations under this Agreement; it will comply with all applicable laws in the
performance of its obligations hereunder; and, it shall bear and pay any and all governmental taxes,
duties and customs of any kind, however designated, levied or based in any way upon its own
performance of this Agreement or the sale, acquisition, communication or resale of any Content.

6.2 If you upload any film, recorded music, text, photographs, graphics or other materials to the Site, you
hereby warrant and represent that you personally created, wrote and produced such materials and all
materials contained within such materials, or that you have obtained all necessary written releases for the
uses contemplated hereunder from the owner(s) of those materials for such use on a fully paid up basis
that allows usage in all media, worldwide, for all lawful purposes, in perpetuity. If you submit any material
comprising any pre-existing recorded content (i.e. "clips" from other films or programmes, "samples" or
extracts from other records, photographs, graphics, etc), you must tell us and provide details at the time
of posting and provide a written release to use.

6.3 SPECIFIC WARRANTIES AND REPRESENTATIONS

YOU WARRANT AND REPRESENT TO MOFILM THE FOLLOWING:

6.3.1 ALL CONTENT IS ORIGINAL: Subject to the provisions below, all Content and material used
in the Film(s) is your own original work (or, where Filmmaker is a company, the original work
of your employees) and has not previously been displayed publicly, published or used on any
website or broadcast or in any other communications in any country of the world. For the
avoidance of doubt, you warrant that you are the sole owner of all copyright and other
Intellectual Property Rights in all Content (unless otherwise notified in writing to MOFILM
before the Content is uploaded).

6.3.2 USE OF MUSIC: Any use of music composed and/or recorded and/or used in a Film has been
approved by MOFILM in writing in advance of use and is cleared in writing for use on a fully
paid up basis that allows usage in all media, worldwide, for all lawful purposes, in perpetuity.
Any use of music from a pre-existing source must be cleared in writing for use by Filmmaker
as set forth in this Section 6.3.2 and notified in writing to MOFILM at the time of delivery.
Filmmaker agrees to produce written evidence of such rights clearance(s) at the time of
delivery and promptly on request.

6.3.3 USE OF TALENT: The Filmmaker warrants that (further to the requirements of Clause 2.6
above) written permission in the form attached hereto has been obtained for use of the
name(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in the

Content (and the Filmmaker shall provide copies of such written permissions to MOFILM at
the time of submission of the film) and that such talent has granted in writing all usage rights
on a fully-paid-up basis, that allows unrestricted worldwide usage in all media for all lawful
purposes, in perpetuity. The Filmmaker warrants and represents that Filmmaker is and will be
responsible for all payments due to actors and other talent used in the Content, including
without limitation, guild fees, pension and health payments, reuse fees, residuals, and/or other
executory obligations pursuant to any collective bargaining agreement with any entertainment,
advertising or other industry labour union or guild, such as the Screen Actors Guild (SAG).
The Filmmaker further warrants that any and all such applicable payments have been made in
accordance with applicable guild unions. Filmmaker shall produce written evidence of such
payments at the time of upload of the Content. Failure to provide such permission in the form
attached for each person seen or heard in the Content will render Content uploaded being
disqualified from entry into the Competition.

6.3.4 USE OF PHOTOS, GRAPHICS, TEXT OR OTHER THIRD PARTY MATERIAL: Any use of
photos, graphics, text or other material created, licensed or otherwise owned or controlled by
any third party has been cleared in writing for all relevant rights. Any use of photos, graphics,
text or other third party material from physical or online sources (including from a book, a
painting, a newspaper or a website) has been cleared in writing for use by Filmmaker and
made known to MOFILM at the time of delivery. Filmmaker agrees to produce written evidence
of such rights clearances at the time of delivery.

6.3.5 EMPLOYEES AND WORKS FOR HIRE: Where Content incorporates the work of
employees of Filmmaker or of any other third parties (or is a so-called Work for Hire), the
Intellectual Property Rights in the Content have been assigned in writing to the
employer/Filmmaker and the Moral Rights of such employees, workers and persons have
been waived in writing to the fullest extent possible in relation to all uses of the Content.
Filmmaker shall produce written evidence of assignment at the time of upload of the Content.

6.3.6 NO OBJECTIONABLE MATERIAL: Content shall not contain imagery or audio content
which: (a) is sexually explicit or suggestive, violent derogatory of any ethnic, racial, gender,
religious, professional or age group, profane or pornographic, or which contains any
dangerous activity or promotes the excessive or irresponsible consumption of alcohol; (b)
promotes use of drugs, tobacco, firearms/weapons; (c) is obscene or offensive or endorses
any form of hate; (d) contains trademarks, logos or trade dress owned by others, or advertises
or promotes any brand or product of any kind (other than those supplied by the Brand
Participant), without written permission, or contains any personal identification, such as license
plate numbers, personal names, email addresses or street addresses; (e) contains copyright
materials owned by others (including photographs, sculptures, paintings and other works of art
or images published on or in websites, television, movies or other media) without permission;
(f) depicts, or is itself, a violation of any law.

6.3.7 NO INFRINGEMENT: The use by MOFILM and/or the Brand Participant of submitted Content
will not infringe any Intellectual Property Right(s) of Filmmaker or any third party.

6.3.8 NOT DEFAMATORY: The Content is not defamatory and its use by MOFILM and/or Brand
Participant, end users and other third parties will not infringe any publicity or personality rights
of any person.

6.3.9 NO EARLIER CONTRACTS: Filmmaker is not in breach of any employment, agency or
commissioning contract with any third party by reason of entering into or exercising or granting
any rights or performing any obligations under this Agreement.

6.3.10 EXCLUSIVITY: Filmmaker does not currently and will not in future use, exploit, submit or
authorize or cause any other person to use for any purposes (other than use by Filmmaker for
self-promotional purposes), material which is the same as or substantially similar to any
Content submitted to MOFILM by Filmmaker.

6.4 In the event of any breach of the terms and conditions contained in this Agreement by MOFILM, the
aggregate liability of MOFILM in connection with this Agreement shall be limited to damages which shall
not exceed the amount actually received by Filmmaker hereunder. MOFILM shall not, in any
circumstances, be liable for any indirect, incidental or consequential loss or damage. Nothing in this
Agreement shall exclude or limit the liability of MOFILM for death or personal injury resulting from the
negligence of MOFILM or that of its agents or employees.

6.5 Filmmaker hereby indemnifies MOFILM (together with its associated, subsidiary and affiliated
companies) and shall hold it harmless from and against any and all liability, loss, damages, costs, legal
costs and disbursements, professional and other expenses of any nature whatsoever incurred or suffered
by it, arising by reason or in consequence of any breach by Filmmaker of any of the representations,
warranties or obligations of Filmmaker set out in this Agreement.

6.6 Filmmaker agrees to notify MOFILM immediately but in no event later than three (3) days after it
becomes aware of any actual or threatened infringement, dilution or other impairment of any item of
Content ("Infringement"). Upon receipt of such notice, MOFILM shall decide whether to assert or file any
legal or equitable proceedings ("Action") with respect to such Infringement at its sole discretion. If any
such Infringement has occurred, MOFILM may, in its sole discretion exercisable upon notice to
Filmmaker, either pursue the Action or authorise Filmmaker to prosecute the Action in Filmmakers own
name. In the event MOFILM elects to pursue such Action, Filmmaker shall reasonably cooperate with
MOFILM in the Action. If MOFILM authorises Filmmaker to pursue the Action, Filmmaker shall advise
MOFILM of all developments in connection with the Action of which Filmmaker becomes aware and
MOFILM shall have the right to participate in such Action.

7. ENTRY TO COMPETITION

7.1 ALL ENTRIES MUST COMPLY WITH THE COMPETITION RULES AND MUST BE RECEIVED
DURING THE CONTEST PERIOD. Please note that the specific dates and times of the Contest Period
are subject to change on short notice. Filmmaker must be over the age of 18 at the date of entry of the

Competition (or over the age of 16 with permission of parent or legal guardian on their behalf). Any travel
companion must be of legal age of majority in Filmmakers jurisdiction of residence.

7.2 On request, Filmmaker agrees to provide the original audio and video files used during production of
the Content for broadcast or other purposes (which may include uncompressed QuickTime files, final
audio mix and/or separate audio tracks for dialogue, music, and effects).

7.3 Submissions must be primarily in English (or subtitled in English) and MOFILM reserves the right to
edit, crop or cut Content in its sole discretion. Each Filmmaker may submit up to a total of twenty-four (24)
entries provided the same (or substantially similar) item of Content is not uploaded more than once.

7.4 Once uploaded, submitted Content cannot (and will not) be returned. The Brand Participant may, in its
sole discretion, remove, delete and/or void any submitted Content it deems inappropriate or otherwise
non-compliant. All submitted Content will be reviewed before being published or judged; however, such
review does not relieve Filmmaker from responsibility for compliance with this Agreement.

7.5 The individual Filmmaker uploading a particular entry will be deemed the sole entrant for that entry. If
any group has collaborated on a submitted item of Content, the entire group will be deemed to have
designated such Filmmaker, as the agent for such group, to agree to these terms and to accept the prize
on behalf of the group. MOFILM and/or the relevant Brand Participant shall not be liable for any dispute
between such collaborators.

7.6 MOFILM reserves the right, at its sole discretion, to disqualify any entrant deemed to be: (a)
tampering or attempting to tamper with the entry process or the operation of the Competition or any Brand
Participant or the Site; (b) violating the terms of this Agreement or the Competition or any rules posted at
the Event; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any
MOFILM property or service; or (d) acting in an unsportsmanlike or disruptive manner or with intent to
annoy, abuse, threaten or harass any other person.

7.7 Filmmakers are prohibited from obtaining votes or affecting the voting processes in any way by any
fraudulent or inappropriate means (as determined by MOFILM in its sole discretion) including, without
limitation, by offering prizes or other inducements to attendees. Votes cast with intent to impair the
integrity of the voting process shall be void.

7.8 The Competition is offered worldwide but is void where prohibited. For the avoidance of doubt, you
agree and acknowledge that the Competition is not open to: 1) employees of Brand Participant, its
subsidiaries and affiliates; 2) contract workers of Brand Participant, its subsidiaries and affiliates; 3)
employees of Brand Participant current advertising agencies; 4) immediate family members
(spouse/domestic partner, parent, sibling, child, etc.) of individuals in categories 1 through 3 above; and
5) residents of the same household (whether related or not) of individuals in categories 1 through 3
above.


8. COMPETITION FINALISTS AND WINNERS

8.1 Submitted Content shall be judged on the Judging Criteria as follows:

8.1.1 Originality and Creativity - 50%
8.1.2 Aesthetic Production Quality - 50%

8.2 Finalists from each Brand Participant will be selected by a judging process in which a designated
panel of judges from MOFILM and/or each Brand Participant (Judges) shall evaluate each eligible
submission based on the Judging Criteria. Please note that the creative directions contained within the
Brief are for guidance only and the Judges may or may not use such creative criteria within their own
discretion. The Judges may designate a winner and a runner-up (and may award further prizes) in their
sole discretion, and any tie or draw shall be awarded or resolved accordingly. The Judges decisions
shall be final and binding, and no related correspondence will be entered into.

8.3 The winner for each Brand Participant shall be invited to the Event, at which a further voting process
will be carried out amongst all the brand winners and/or certain other finalists. The selected winners
across all brand entries will be judged by attendees at the Event and further prizes may be awarded. The
finalist entries and names of runners up will be posted on the Site for public viewing on or about 45 days
after the Event. All finalists are subject to verification, including without limitation, verification of eligibility
and compliance with this Agreement. If any attempt to notify or contact a finalist is unsuccessful or
returned as undeliverable, if a finalist cannot be verified or is otherwise unable to accept a prize, the prize
will be forfeited and may be awarded to an alternate finalist provided sufficient time remains, in the
relevant Brand Participants sole discretion.

8.4 Winners will be notified by telephone, first-class post and/or email in MOFILM's sole discretion. If
attempted notification is returned as undeliverable or if a finalist cannot be verified or is otherwise unable
to accept a prize, such prize will be forfeited and may be awarded to an alternate finalist (provided
sufficient time remains, in Participating Brand's discretion).

9. COMPETITION PRIZES

9.1 The overall winner prizes shall be as listed on the Site.

9.2 Filmmaker shall be solely responsible for any taxes on any prizes received and agrees to complete
and return any taxation form received (depending of country of residence) in relation to the Competition.


9.3 MOFILM and the Brand Participant(s) reserve the right to substitute any prize (or portion thereof) with
any prize of substantially equivalent or greater value.

9.4 By accepting a prize, Filmmaker (as a finalist or winner) agrees that the Brand Participant(s) and/or
MOFILM shall not be liable for any loss or injury resulting from participation in the Competition,
acceptance or use of any prize, or any travel related thereto.

10. GENERAL

10.1 If either party waives any breach of this Agreement committed by the other party, such waiver shall
not be deemed to be a waiver of any subsequent similar breach or of any other breach at any time.

10.2 Your use of the Site and your entry to the Competition creates no partnership, client, fiduciary or
other professional or employment relationship.

10.3 If any provision of this Agreement shall be determined by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless
continue in full force and effect. Termination of this Agreement shall not release either party from any of
its obligations hereunder which are intended to have a continuing effect.

10.4 This Agreement shall be personal to Filmmaker, and Filmmaker shall not be entitled to assign any of
its rights or obligations hereunder without the prior written consent of MOFILM.

10.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its
provisions.

10.6 No responsibility or liability is assumed by MOFILM or any Participating Brand for technical problems
or technical malfunction arising in connection with any of the following occurrences which may affect the
operation of the Competition: hardware or software errors; faulty computer, telephone, cable, satellite,
network, electronic, wireless or Internet connectivity or other online communication problems; errors or
limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data
transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted
e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the
Internet or the Site; unauthorized human or non-human intervention of the operation of the Competition,
including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of
any aspect of the Competition, or loss, miscount, misdirection, inaccessibility or unavailability of an email
account used in connection with the Competition. MOFILM and Brand Participant shall not be responsible
for any typographical errors in the announcement of prizes or this Agreement, or any inaccurate or

incorrect data contained on the Site.

10.7 Other than with the express written approval of MOFILM, Filmmaker agrees and undertakes not to
provide content or services for, engage directly or otherwise have unsolicited contact with, any
Participating Brand, for a period of twelve (12) months following termination of this Agreement (or, if later,
following the closing date of the final Competition hereunder).

10.8 Filmmaker agrees that in the event of any default of any of the terms of this Agreement by MOFILM
(or any third party), Filmmaker's only remedy will be an action at law for damages actually suffered by
Filmmaker (if any) and in no event shall Filmmaker be entitled to rescind this Agreement or to receive any
injunctive or other equitable relief or to restrain the distribution, exhibition, advertising or other exploitation
of any Content acquired by MOFILM hereunder or of any rights granted or assigned under this
Agreement.

10.9 All rights and obligations hereunder shall be construed and interpreted in accordance with the laws
of England and Wales and the Courts in London shall be the sole court of competent jurisdiction.

Signed for and on behalf of MOFILM:

Signed by Filmmaker (You sign here):

_________________________________________________________________

Date

Please list all the full names (and role/character name) of talent (actors) used in the Content on a
separate sheet of the Talent Release Form (and, where under the age of 18, please also include their
date of birth).
_____________________________________________________________________________________________________

_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________

APPENDIX: TALENT RELEASE FORM MOFILM and BRAND PARTICIPANT
(One per Actor/Actress)

Actors Name: ______________________________________________________________________

Actors Address: ___________________________________________________________________
Home Phone Number ______________________________________________________________________
Business/Cell Phone: ______________________________________________________________________
Skype Name (Optional): ______________________________________________________________________
Filmmaker Name: _______________________________________________________________________
Brand Participant: _______________________________________________________________________
Film (working title): _______________________________________________________________________

This Agreement is entered into by and between the Actor and Filmmaker. Filmmaker includes
Filmmakers licensees, assignees, future owners/acquirers.
The Actor hereby assigns to Filmmaker all rights of every kind and character throughout the world in
perpetuity, in and to the Actors dramatic performance, appearance, likeness, name and/or voice (the
Performance) in connection with the Film. The Actor hereby authorises Filmmaker to: photograph,
videotape, film and record (on film, tape or any other medium) the Performance (and any audition for the
Performance); to edit the same at its discretion and/or to include with it the performances of others and
sound effects, special effects, digital effects and/or music; to incorporate the same into the Film, trailers,
posters or other materials or programs related to the Film; to use and to license others to use the
Performance in any manner or media whatsoever, including without limitation for purposes of publicity,
advertising, marketing and sales promotion in all media (which, for the avoidance of doubt, may include
television and/or cinema and internet exhibition). For the avoidance of doubt, the Actor acknowledges that
Filmmaker shall own all rights, title and property in the Performance and the Film.
The Actor understands and agrees that this Talent Release refers to his/her role as Principal Actor or
Extra as indicated below;

! Principal Actor On Camera
! Principal Actor Off Camera
! Extra

For the purposes of this Talent Release, a Principal Actor is defined as follows;
anyone who is seen and who speaks a line or lines of dialogue, or
anyone whose face appears silent, alone in a stationary camera shot and is identified with the
product/service, or
anyone whose face appears silent and is identifiable and whose foreground performance
demonstrates or illustrates a product/service or illustrates or reacts to the on or off-camera
narration or commercial message
For the purposes of this Talent Release, an Extra is defined as follows;
Person who appears in the foreground solely as atmosphere and not otherwise covered by the
foregoing definition of Principal Actor above shall be deemed Extra performers.

The Actor understands and agrees that, unless otherwise agreed in writing, in the event that they are
determined to be a Principal Actor then they will receive a special one-off payment if the Film is used
within a television broadcast or in commercial cinema exhibitions in the following territories:
- USA US$1,000
- Canada, Western Europe and Australia US$500
- Rest of world US$250

In the event that the Brand Participant endeavors to make the Film a guild production, Actor agrees to
accept the relevant guild minimum payments for a daily rate as payment in full for his/her Performance.

Determination of Principal Actor is at the sole discretion of MOFILM. The Actor agrees not to assert or
maintain against Filmmaker and/or the Brand Participant any claim, action, suit or demand (including
without limitation those grounded upon Rights of Publicity or other civil rights) in connection with use of
the Performance and the Actor agrees to indemnify and hold harmless MOFILM, Filmmaker and the
Brand from any such claims and/or actions.

The Actor agrees that in the event of any default of any of the terms of this Agreement by MOFILM (or
any third party), the Actor's only remedy will be an action at law for damages, actually suffered by the
Actor (if any) and in no event shall the Actor be entitled to rescind this Agreement or to receive any
injunctive or other equitable relief or to restrain the distribution, exhibition, advertising or other exploitation
of any Content acquired by MOFILM hereunder or of any rights granted or assigned under this
Agreement.

This Agreement constitutes the entire agreement by and between the Actor and Filmmaker and
supersedes any and all prior contracts, understandings, negotiations and agreements with respect to
Filmmaker and the subject matter hereof, whether oral or written. This Agreement shall be governed by
the laws of England and Wales and the parties each agree to submit to the exclusive jurisdiction of the
Courts in London.

The parties acknowledge that the execution of this release was completed prior to any
Performance being rendered by the Actor


Actors Signature: __________________________________________

Print Full Name (BLOCK CAPITALS): __________________________________________

Witnessed by: _________________________________________

Date: ___________________________


NOTE: Actor must attach to this Agreement a signed copy of Actors passport or, driving licence or similar
government-issued identification document

Where Actor is under 18 years of age, the parent/guardian consents and approves the execution of this
Agreement by the Actor and represents that the Actor shall not disaffirm the Agreement by reason of
minority.

The parties acknowledge that the execution of this release was complete prior to any Performance
being rendered by the Actor

Signature of Actors Parent/Guardian: ___________________________________________


Witnessed by: __________________________________________

Date __________________________________________


Parent/Guardians address/phone/email: __________________________________________

NOTE: Guardian must attach to this Agreement a signed copy of the Guardian AND Actors
passport or driving licence or similar government-issued identification document

APPENDIX: MUSIC LICENSE AGREEMENT

Licensor:
____________________________________________________________________
Licensors Address:
____________________________________________________________________
Licensors Phone Number:
___________________________________________________________________________
Email Address / Skype
____________________________________________________________________
Filmmaker Name:
_____________________________________________________________________
Brand:
_____________________________________________________________________
Film (working title):
_____________________________________________________________________

This License Agreement is made and entered into on [ ] (date) by and between the
Licensor, whose name and details are set out above (Licensor or You), and MOFILM LTD of 40
Clifton Street, London EC2A 4DX, UK, including subsidiary and group companies thereof (MOFILM or
Licensee).

1. Licensor agrees to upload composition(s) and recording(s) set out in Exhibit A below (hereinafter known
collectively as Master Recording(s)) to MOFILM web site, as included in synchronization or timed relation
with the film production submitted to MOFILM currently entitled [ ] (Film). Licensor
hereby grants to MOFILM a non-exclusive gratis licence, including the rights to use, reproduce, store,
format, adapt, exhibit and/or make available and transmit to the client sponsoring a specific MOFILM
competition pursuant to which the Film was submitted (Brand Participant) such Master Recording(s) for
purposes of allowing the Brand Participant to preview, audition and otherwise assess suitability of the Film
(Initial License).

2. In the event that the Brand Participant shall select the Film as one of the competition winners and/or obtain
assignment of rights in the Film pursuant to terms and conditions of the relevant MOFILM competition within
6 (six) months after the end of the MOFILM competition and/or event pursuant to which the Film was
submitted, Licensor shall grant to MOFILM the non-exclusive, fully paid, irrevocable, perpetual, worldwide
license to use the Master Recording(s) in any lawful manner in conjunction (i.e. in synchronization) with the
Film, including without limitation the rights to use, reproduce, store, format, adapt, license, distribute,
display, publicly perform, broadcast, exhibit and/or make available the Master Recording(s) in all media
whether now know or hereafter devised (Usage License). This Usage License shall also include the rights
specifically set out in Sections 8-13 of this Agreement.

3. Licensor hereby represents and warrants that Licensor has the full legal right, power and authority to enter
this Agreement and to grant all rights granted hereunder.

4. Licensor warrants, represents and agrees that Licensor has obtained requisite written consents,
permissions and releases of rights from all relevant rights holders, including rights organisations, copyright
owners, musical performers and all other persons and legal entities (where applicable) whose performances
are embodied in the composition(s) and recording(s) or who have otherwise contributed to or hold any rights
in any composition(s) and/or recording(s) hereunder in the form set out in Exhibit A below.

5. Licensor warrants, represents and agrees that Licensor will pay all re-use payments, fees, royalties and
other sums required to be paid for such consents and permission in connection with Licensees usage of the

compositions and recordings pursuant to this Agreement. If Licensee so requires, Licensor will procure such
persons/entities to deliver any documents that Licensee requires, confirming that they will not look for
further payments in connection with use of compositions and recordings pursuant to this Agreement.

6. Licensor will indemnify and hold Licensee and its officers and directors harmless from any and all claims,
liabilities, losses, damages and expense including without limitation legal expenses arising from any breach
of Licensors warranties, representations or obligations under this License Agreement or in any way
resulting from or connected with Licensees usage of the compositions and recordings in accordance with
this License Agreement.

7. The term of the Usage License is for the full period of copyright in and to the musical compositions and
sound recordings and any and all renewals or extensions thereof that Licensor may now or hereafter own or
control anywhere in the world.

8. MOFILM may file, in its discretion, title registrations with any performance rights organisation(s) (for
example, without limitation, ASCAP or BMI or PRS), assigning a new and specific title for any
composition(s) and recording(s) hereunder, provided, however, that the MOFILM shall not be obligated to
do so in any instance.

9. Licensor grants to the MOFILM the right to collect in perpetuity the so-called publishers share of
performance income in relation to the public performance of the composition(s) and recording(s).

10. MOFILM shall retain two-thirds (67%) of the publisher's share (i.e. revenue received by MOFILM from
copyright collection societies or any performance rights organizations for the use of the composition(s) and
recording(s), less any amounts paid to or deducted by subpublishers, sublicensees, agents, collection
agencies and local performing and mechanical rights societies or other relevant third parties, if any, from
exploitation of the composition(s) and the recording(s) and shall pay the remaining one-third (33%) of the
publishers share to the Licensor.

11. Licensor shall be entitled to 100% of the so-called writers share of performance income in relation to the
public performance of the composition(s) and recording(s). In the event the writer is not already registered
with a copyright collection society, MOFILM may collect the writers share monies, but shall pay 100% of
such writers share royalties to the Licensor, less any subpublishers, sublicensees, agents, collection
agencies and performing and mechanical rights societies and other relevant third party deductions, if any.

12. In the event of termination of this Agreement for any reason, Licensee shall have the right to continue to
administer and collect the gross receipts earned from use of the composition(s) and recording(s) in
accordance with the terms of this License Agreement and such rights of the Licensee shall not be affected
or terminated in any manner by any termination of this Agreement.

13. In the event that Licensor shall enter into an exclusive publishing agreement with another company,
Licensor (or Licensors exclusive publishing designee) shall be entitled to register any of the compositions or
recordings for which rights have been granted hereunder with alternative titles to those titles with which
Licensee has registered such composition(s) and recording(s). For the avoidance of doubt, Licensor shall
continue to be entitled to collect the publisher's share monies that arise from the originally titled registrations
of such composition(s) and recording(s) hereunder.

14. Licensee shall pay all sums due to the Licensor pursuant to this Agreement, including applicable fees, twice
annually. Licensee will notify the Licensor of all sums due to the Licensor within thirty (30) days prior to 30
June and 31 December of each calendar year respectively. Payment shall be made thirty (30) days
following receipt by the Licensor of a valid invoice from the Licensee in respect of a previously rendered
statement. Any losses from one accounting period shall be carried forward into subsequent accounting
periods. Licensor shall have the right, during normal business hours and subject to the provision of

reasonable notice, to inspect Licensees books of account solely to the extent that the same relate to the
exploitation of the composition(s) and recording(s) hereunder. All accountings rendered by the Licensee
shall be binding and not subject to any objection unless specific written objection is received by the
Licensee within one (1) year from the date such accounting statement is rendered.

15. All rights granted by Licensor herein shall fully insure to the benefit of MOFILM, its subsidiary and group
companies, licensees, successors and assigns.

16. The individual person/legal entity signing as the Licensor hereunder will be deemed the sole provider of the
Master Recording(s). If any group has collaborated on a submitted item of content, the entire group will be
deemed to have designated the Licensor as the agent for such group to agree to these terms and to accept
all fees hereunder on behalf of the group. MOFILM and/or Brand Participant shall not be liable for any
dispute between such collaborators.

17. If either party waives any breach of this Agreement committed by the other party, such waiver shall not be
deemed to be a waiver of any subsequent similar breach or of any other breach at any time.

18. In the event of a dispute arising out of this Agreement, Licensors sole remedy shall be for monetary
damages and in no event shall the Licensor seek an injunction in connection with the use of the
composition(s) or the recording(s) under this Agreement and/or in relation to any licences granted by the
Licensee during the term of this Agreement.

19. This Agreement does not and is not intended to create any partnership, fiduciary or other professional or
employment relationship between the parties.

20. If any provision of this Agreement shall be determined by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless
continue in full force and effect. Termination of this Agreement shall not release either party from any of its
obligations hereunder which are intended to have a continuing effect.

21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its provisions.

22. All rights and obligations hereunder shall be construed and interpreted in accordance with the laws of
England and Wales and the Courts in London shall be the sole court of competent jurisdiction.

23. If you wish to make your Master Recording(s) available on momusic.com online music library for preview
and consideration for the use in promotional films and other commercial projects by clients of MOFILM in
consideration of applicable usage fees and percentage of publishers share monies, please contact us at
license@mofilm.com to discuss the appropriate arrangements.

Licensor Signature ________________________________

Date ________________________________

Witnessed By ________________________________

Witness Signature ________________________________

THE FOLLOWING FORM IS IN RELATION TO CLAUSE 4

PLEASE ENSURE ALL RELEVANT PARTIES HAVE SIGNED

EXHIBIT A
ARTIST INFORMATION SHEET

Please have all rights holders sign below including master owner(s), publisher(s) and/or
Synchronization approval rights holder. Specify each role separately please.

By signing below, you confirm that you grant to the Licensee all usage rights on a fully-paid-up
basis and waive any moral rights you may have in Compositions/Recordings to allow
unrestricted worldwide usage of Compositions/Recordings synchronization with the Film in all
media for all lawful purposes in perpetuity.

Name Signature Role-
Artist/Performer

Date Email Phone

Name Signature Role-Musician

Date Email Phone

Name Signature Role- Backing
Vocalist

Date Email Phone

Name Signature Role-Song
Writer/Composer

Date Email Phone

Name Signature Role-Producer

Date Email Phone

Name Signature Role-Publisher

Date Email Phone

Name Signature Role-Sound
Engineer/Mixer

Date Email Phone

Performing Rights Organization

Writer PRO ASCAP, PRS etc CAE IPI #

WE DO NOT ACCEPT COVER SONGS OR SONGS CONTAINING SAMPLES!
Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self
published.

Artist

Album Title

Track # Song Title Publisher Writer (s)
11 1

Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self
published.

IN THE EVENT THAT THERE IS INSUFFICIENT SPACE ON THE SHEET ABOVE, PLEASE PROVIDE
REMAINING INFORMATION ON A SEPARATE ATTACHEMENT.

AS01\297930.1
lu\!uC - 106010/0002

C3EnergyLondon2014 Brief

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

C3EnergyLondon2014 Brief

Uploaded by

Copyright:

Available Formats

Thank You

For downloading the

You might also like