Pitch Elevator Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Elevator Pitch Competition (the “Contest”) is designed to allow the general public (“Entrant(s)” or “You”) to submit pitch ideas for content development by Legion M Entertainment, Inc. (“Legion”). Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (“Rules”).
Binding Agreement: In order to enter the Contest, you must agree to be fully and unconditionally bound by these Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You represent and warrant that You meet the eligibility requirements. In addition, you agree to accept the decisions of Legion as final and binding and that these Rules form a binding legal agreement between you and Legion with respect to the Contest.
Eligibility: The Contest is void where prohibited by law, and excludes residents of Quebec, Brazil, Italy, Cuba, Iran, Syria, North Korea, Sudan, Myanmar (Burma), any individuals or nations restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by International, U.S. Federal, State or Local law. Subject to such restrictions, this Contest is only open to those who participate in person at Stan Lee’s Los Angeles Comic Con and to those who submit online at http://thelegionm.com/pitch-elevator (“Contest Site”). Minors who participate must have obtained a parent’s or legal guardian’s prior permission and abide by all Rules herein, especially Section 15 below, which applies specifically to Minors. Any individual with a signed employment or independent contractor agreement with Legion M Entertainment, Inc. is not eligible to participate in the Contest, and neither are their families or household members. The Contest is subject to all applicable international, federal, state, and local laws and regulations.
Contest Entry Period: The online contest begins on October 28, 2016 at 5 p.m. Pacific Standard Time and ends on November 28, 2016 at 11:59 p.m. Pacific Standard Time (“Contest Period”) and can be entered at http://thelegionm.com/pitch-elevator. Entries will also be accepted in person at Legion’s booth during Stan Lee’s Los Angeles Comic Con’s operating hours on October 28, 2016 from 5:00 p.m. to 9:00 p.m., October 29, 2016 from 9:00 a.m. to 6:00 p.m., and October 30, 2016 from 10:00 a.m. to 4:00 p.m.
How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. You may enter as many times as you wish. To enter the Contest, you may: a.) enter in person at Legion’s booth at Stan Lee’s Los Angeles Comic Con during the above dates and times; or b.) enter by using the online entry form provided at Contest Site (http://thelegionm.com/pitch-elevator) during the Contest Period. Entries must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries received without fully completed forms or parent permission will be disqualified, and entries that are incomplete or do not adhere to the Rules or specifications may also be disqualified at the sole discretion of Legion. Legion accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. All entries will be deemed made by the Entrant submitted at the time of entry. If You use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of Legion.
Pitch Requirements: Each pitch must meet the following requirements:
Pitch must be made in English.
Pitch must be made via video recording. No written submissions will be accepted. Legion’s ownership of the rights in the entries and pitches (including any video recordings) shall be pursuant to Section 12 below.
Pitch must be no more than two (2) minutes in length.
Pitch must not contain foul language or be sexually explicit. Legion has the right to bleep out foul language or disqualify the pitch at our sole discretion.
Pitch must be an idea for film, TV or Virtual Reality.
Pitches must not be defamatory, disparaging, libelous or contain any content that is tortuous or slanderous in any way, or that promotes hatred or harm against any group or person.
Pitches must not contain content, material or any other element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state or local laws and regulations.
Pitches must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Legion, in its sole discretion.
Pitches must be original works that do not contain, incorporate or otherwise use any content, material or element that is owned by any third party entity, including plot, characters, background music or logos, unless underlying material is in the public domain or unless You acquired the rights to the underlying material in a written contract.
Entrants wearing identifiable logos or trademarks that are not Legion M understand and agree that such logos may be blurred out.
Pitches cannot contain any content, material or element that violates a third party’s publicity, privacy or intellectual property rights.
The Pitch is not the subject of any actual or threatened litigation or claim.
The Pitch does not include any disparaging remarks in relation to Legion or a third party.
Entrant agrees not to post their pitch in any forum, social media website or anyplace other than Contest Site.
Effect of Not Following Pitch Requirements: During the Contest Period, Legion, its agents, Movie Moguls and/or judges will be evaluating the pitches and supporting statements to ensure that they meet the Pitch Requirements. Legion reserves the right, in its sole discretion, to disqualify any Entrant who submits a pitch and supporting statements that do not meet the Pitch Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification in Legion’s sole discretion.
Winner Selection and Notification: Winner will be selected according to the following method:
Legion staff will evaluate all pitches in accordance with these Rules to identify Contest Semi-Finalists.
Under the supervision of Legion, Semi-Finalists will be evaluated by an online community of fans derived from Legion Shareholders and Members (free to sign up as a member at www.thelegionm.com) who have viewed Legion’s training video about evaluating pitches (“Movie Moguls”), and who will watch and vote for their favorite pitches.
Legion will tally Movie Mogul votes and announce the Contest’s top ten (10) finalists (“Finalists”).
Finalists will have the opportunity to pitch to a panel of Hollywood Professionals (“Professionals”), potentially including judges from Legion, in person in Los Angeles or via electronic means at a date, time and place to be determined by Legion in its sole discretion.
Professionals will evaluate Finalists’ pitches and choose the winner of the Contest under Contest Criteria (defined below), with notification of winner to be made within seven (7) days of all of the Finalist’s pitches.
Notices: Legion shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within ten (10) business days from the time award notification is sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AS DETERMINED IN LEGION’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Judging: Each pitch will be evaluated and scored in three phases, based on the “Criteria” defined below:
Phase One: Upon close of Contest Entry Period, Legion’s designated staff will evaluate all Entrants for a period of up to three (3) weeks, and determine Semifinalists based on compliance to these Rules, and then:
55% on content and creative merit of idea; and
45% on performance and delivery of idea.
Phase Two: Phase Two judging will be supervised by Legion and conducted by Legion’s Movie Moguls, beginning no later than two (2) week after the announcement of Semifinalists and ending up to eight (8) weeks later. In this phase, each pitch will be evaluated and scored based on:
70% on content and creative merit of idea; and
30% on performance and delivery of idea.
The top ten (10) finalists will be notified of their Finalist status no later than two (2) weeks after close of Phase Two judging via e-mail and/or telephone.
Phase Three: Phase Three judging will occur at a time and place to be determined in Legion’s sole discretion in the year of 2017 and no later than eight (8) weeks after the announcement of the Finalists, and will be conducted live (or via live online platform such as Skype) in front of a panel of Professionals. In this phase, each pitch will be evaluated and scored based on:
50% on content and creative merit of idea;
40% on viability of idea in content marketplace as defined by Professionals and Legion based upon their experience and in their sole discretion; and
10% on performance and delivery of idea.
“Content and Creative Merit of idea” shall include without limitation the originality of the story, story theme, viability of concept, dramatic effect, character development, story arc, etc.
The Winner of the Contest will be informed that they are the Winner within seven (7) days of the conclusion of Phase Three.
In the event of a tie, the entry with the highest score in content and creative merit in all phases of the Contest shall be deemed Winner.
Prizes: Upon Winner’s execution of a Release and Affidavit of Eligibility, if required (and the form of which and terms thereof shall be determined by Legion in its sole discretion), the Winner of the Contest (the “Winner”) will receive a cash prize of $1,500.00 as payment for a two-year long development deal with Legion that could be worth $15,000 if the pitch gets made into a movie. The Finalists (excluding the winner) of the Contest will each receive a cash prize of $250. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Legion. No cash or other prize substitution shall be permitted except at Legion’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Legion to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Taxes: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO LEGION ALL DOCUMENTATION REQUESTED BY LEGION, INCLUDING WITHOUT LIMITATION TO PERMIT LEGION TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. ALL PRIZES WILL BE NET OF ANY TAXES LEGION IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF WINNERS.
Rights Granted by You: By entering your pitch content, You understand and agree that Legion, anyone acting on behalf of Legion, and Legion’s licensees, successors, and assigns, shall have the non-exclusive right, to the fullest extent permitted by law, to print, publish, broadcast, distribute, parody, develop, and use in any media now known or hereafter developed, in perpetuity and throughout the Universe, without limitation, your entry (including without limitation your pitch and all of your video recording(s) related thereto, if any), idea, pitch, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for Contest, entertainment, news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent by you. You expressly agree we can edit your entry and pitch at our sole discretion for any purpose, including without limitation for Contest voting. Except where prohibited by law, all entries and pitches, including without limitation their content, video and audio, become the property of Legion and Entrants hereby grant to Legion the non-exclusive, perpetual, worldwide rights to publish, store, reproduce, develop, repurpose and distribute any submission transmitted here without any compensation or further obligation to You. Entrants represent and warrant that they have full legal right, power, and authority to grant the foregoing rights. Legion is under no obligation to use or return any submissions and reserves the right to use any and all information related to this Contest, including names and submissions provided by the Entrants, for editorial, marketing, and other purposes without further compensation unless prohibited by law. Notwithstanding the foregoing, You agree that if You are deemed to be the Winner as defined by these Rules, then the non-exclusivity of all of the rights granted by You hereunder shall automatically be changed from non-exclusive to exclusive, except with respect to the rights granted by You hereunder with respect to your name, portrait, picture, voice, likeness, image and biographical information to the limited extent not contained in your entry and pitch (i.e., that the exclusivity of those rights not contained in your entry or pitch shall remain non-exclusive).
Written Materials Supporting Pitch: Legion will not accept any written materials. If You are the Winner and have materials relating to the pitch (i.e., a screenplay, comic book, treatment, etc.), Legion may, but is not required to, at its sole and absolute discretion, negotiate a separate contract with You for the acquisition of such materials. Any materials written by You remain Your property unless and until such contract is executed.
Submission Release: You understand and agree that your pitches as a stand-alone idea are not protectable under United States Copyright Law. Legion is in the business of developing ideas as entertainment content, and You understand, acknowledge and agree that your pitch may be substantially similar to pitches which Legion has developed or which has or may come to Legion from other sources. You agree that by submitting your pitch, You acknowledge that Your idea will be seen by the public who may use Your idea, and you take the risk that Legion or any other company or individual hearing Your pitch may use Your idea without remuneration to you, so accordingly, You acknowledge that your pitch is not received or held on a confidential basis and that no confidential or other relationship is established hereunder as set forth in Section 21 below. You agree You will not receive any compensation for submitting the pitch to Legion. Legion acknowledges that unless You are deemed to be the Winner as defined by these Rules, You have the right to develop your pitch into Entertainment Content on Your own or with another company or individual without remuneration to Legion.
Warranty/Indemnification: By entering this Contest, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon any intellectual property rights of another, Legion reserves the right to disqualify You in Legion’s sole discretion. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Legion from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Legion may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms & Conditions: Legion reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Legion’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Legion may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Legion. Legion reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. Legion has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple votes from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Legion reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You (on behalf of yourself and all others associated with any pitch that You submit in connection herewith) agree to release and hold harmless Legion and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the Contest and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) any breach or failure of Yours to comply with any of the representations, warranties, obligations and agreements that You make hereunder; (iii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iv) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (v) unauthorized human intervention in any part of the entry process or the Contest; and (vi) electronic or human error in the administration of the Contest or the processing of entries. In connection with the foregoing, You, having been informed, and having read the provisions, of California Civil Code § 1542, knowingly and intentionally waive any protection afforded to such party by Civil Code § 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Agreement is intended to cover all claims or possible claims arising out of or related to those matters referred to in the foregoing releases, whether such claims or possible claims are known, unknown or hereafter discovered or ascertained, and the provisions of Section 1542 of the California Civil Code and any successor statute to it are hereby expressly waived. You expressly acknowledge that You have been advised of the contents and effect of such section, and with such knowledge hereby expressly waive whatever benefits I may have pursuant to such section, and release you, notwithstanding the discovery of any information contrary or additional to that now known or believed by them to be true. The filing or bringing by You of any claim, demand, obligation or cause of action in connection with any matter released hereunder shall constitute a breach of this Agreement.
Disputes: THIS Contest IS GOVERNED BY THE LAWS OF the United States of American AND the State of California WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Notwithstanding the foregoing, each party (i.e., each of You and Legion) hereby waives any and all rights and benefits which You or it might be entitled to under the laws of California to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions hereof, all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof and in such notice designating one arbitrator. Within twenty (20) days after receipt of such notice, the other party shall designate in writing another arbitrator. If the other party shall fail or refuse, for whatever reason, to select a second arbitrator within twenty (20) days, as aforesaid, then the first arbitrator appointed shall serve as the sole arbitrator and shall promptly determine the controversy. The two arbitrators shall promptly select a third arbitrator, and if they cannot agree on a third arbitrator within ten (10) days after the appointment of the second arbitrator, either party may secure appointment of the third arbitrator by application to the American Arbitration Association. Each of the arbitrators shall be a person experienced and knowledgeable in the entertainment industry. The arbitrators, when appointed, shall promptly determine the controversy by majority vote and such determination shall be final and each of the parties shall be bound thereby. The arbitration shall be conducted in the County of Los Angeles, State of California, and the arbitration shall be governed by and subject to the laws of the State of California and the then prevailing rules of the American Arbitration Association. The arbitrators' decision shall be controlled by the terms hereunder, and You agree that the amount of any damage award shall be limited to your actual out-of-pocket expenses (i.e., costs associated with entering this Content). Further, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, any attorney’s fees in connection herewith, any right to have damages multiplied or increased, or any kind of injunction or any other equitable relief (i.e., the only kind of damage award available to You in connection herewith shall be for money). Any decision by the arbitrators shall provide for each party to bear Your or its own costs of arbitration and attorney's fees. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, then the arbitrators or arbitrator, as the case may be, are empowered to proceed ex parte. In no event shall You be entitled to an injunction or any other equitable relief in connection herewith.
Not an Offer or Contract of Employment: Under no circumstances shall the submission of a pitch into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with Legion or any Contest Entity. Entrants acknowledge they submitted their pitches voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant or Legion and that no such relationship is established by Entrant’s submission of a pitch under these Rules.
Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, visit http://thelegionm.com/pitch-elevator-winners.
Severability: In the event that one or more portions of these Rules shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained herein. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision.
Sponsor: The Sponsor of the Campaign is Legion M Entertainment, Inc., 6425 Emeryville, CA94608, USA. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram or Snapchat.