DIGITAL PEN WRITING COMPETITION RULES
1) GENERAL INFORMATION
Digital Pen reserves the right to amend its Rules until May 2nd, 2022.
- “Competition” means this writing competition organized by Digital Pen.
- “Candidate” means any individual involved as a participant in the Competition.
- “Concept” means a concept for a television motion picture screenplay, of the genre of romantic comedy, created by the Candidate.
- “Outline” means an outline for a television motion picture screenplay, based on a Concept which has made it passed the first round of the Competition.
- “Competition Materials” means collectively the Concepts and, if applicable, the Outlines submitted by a Candidate to Digital Pen to be judged pursuant to the Competition.
- “Digital Pen” means Digital Pen Productions Inc. a Québec Canada corporate entity, in association with Première Bobine Inc., also known as Reel One Entertainment.
- “Entities” means Digital Pen and all companies affiliated and associated to Digital Pen as well as all their respective successor companies.
- “Rules” means the rules of the Competition set out in this document.
- The Competition is open to citizens around the world having reached the legal age of majority in their province, state or territory of residence prior to the Competition Deadline (as defined below). Digital Pen reserves the right to request, at any time, evidence thereof which information will be kept confidential and destroyed or anonymized in accordance Digital Pen’s privacy and retention policie.
- The officers, directors, employees, contractors, and agents of Digital Pen, as well as their respective parents, affiliates, associated and/or successor companies (the “Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Competition. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
- All Competition Materials to be submitted by the Candidate to the Competition must be in the English language and sent by electronic mail to Development@reeloneent.com (each such submission, an “Eligible Entry”). Also, to be eligible, your Competition Materials must: (i) be submitted and received in accordance with these Rules before the Competition Deadline; and (ii) comply with the guidelines, terms and conditions set forth herein. By participating in this Competition, you signify that you have read and that you agree to be legally bound by these Rules;
- By entering this Competition, the Candidate agrees to release and hold harmless Digital Pen, the Entities and each of their respective subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns from any liability in connection with the Competition.
- Candidates must submit their Eligible Entries in time to be received by Digital Pen by May 2nd ,2022 23:59 Eastern Standard Time (the “Competition Deadline”).
- All entry forms and Concepts received after the Competition Deadline will be rejected.
5) NO PURCHASE NECESSARY:
- No purchase is necessary to enter.
- Multiple entries are permitted.
- There are two rounds to the Competition: the Concept Round and the Outline Round.
- Concepts shall be no longer than two (2) pages, submitted on A4 length format, double line spacing.
- Outlines shall be no less than five (5) pages but no more than thirty (30) pages, submitted on A4 Length format, double line spacing.
- By entering the Competition, the Candidate acknowledges and agrees that :
- numerous submissions of ideas, stories and other materials from other sources are received by Digital Pen and and Digital Pen creates and/or commissions others to create on its behalf such materials (each referred to as the “Digital Pen Materials”);
- elements contained in such Digital Pen Materials, such as ideas, characters and themes, may be similar to those contained in the Candidate’s Competition Materials; and
- that the Candidate expressly understands, warrants and represents that they shall not claim any intellectual Work rights to such similar elements of the Digital Pen Materials.
- By entering the Competition, the Candidate represents that:
- The Candidate owns all rights, title and interest in and to their Competition Materials;
- their Competition Materials are original with them, are not copied in whole or part from any other work, and do not infringe upon any third party’s copyright, moral rights, publicity rights, or any other rights or that their Competition Materials do not defame any person; and that
- no other persons have collaborated with them in creating and developing their Competition Materials.
- The Candidate commits to be available to work with Digital Pen’s development team, on a non-exclusive basis if theirs is the winning outline of the Competition;
- The Candidate must not communicate with the judges between the day of their entry and the results announcements, on penalty of disqualification;
- Any Candidate may be contacted by Digital Pen at Digital Pen’s discretion, to negotiate a collaboration in connection with the development of television screenplays.
7) WINNER SELECTION
- Concept Round: Candidates will be judged on the originality of their concept and their ability to create a story that aligns with Digital Pen’s mandates as stated below;
- The story must be suitable for daytime television and contain no violence, profane language, or scenes of a sexual nature;
- The story must be female-led;
- The story should feature an aspirational setting;
- The lead characters should meet within the first act and have gentle conflict that carries throughout the first half of the story;
- The lead characters should not kiss prior to the climax of the story;
- There should be compelling subplots that add value to the primary plot of the story;
- The story should avoid specific holidays (outside of Christmas) and should be set in the summer or spring;
- There should be a warmth and charm to the story, as well as a happy ending for our leads; the concept should be fun and accessible.
- Concept Round: Candidates will be judged on the originality of their concept and their ability to create a story that aligns with Digital Pen’s mandates as stated below;
Candidates having successfully passed the Concept Round will receive a response during the week commencing June 2nd , 2022.
- Outline Round: Candidates who are successful in the Concept Round will be asked to elaborate on their successful concept and develop a scene-by-scene outline that expands on their story and characters. The outline will be judged on its structure, originality, charm, and cohesion. In addition to the elements stated in section 7, subsection a), the outline should include:
- A scene-by-scene breakdown totaling 100-112 scenes across 8-12 unique locations;
- Further details on a fresh, original ‘meet cute’ that brings our leads together in a fun and appealing way.
- A compelling midpoint that pushes the urgency of our story and keeps the audience captivated.
- A grand climax and satisfying resolution for both our primary plot and our subplots.
- Each Candidate is evaluated by a jury of producers and development professionals with experience and expertise in the romantic comedy TV movie genre.
- Decisions of the jury are final and there are no appeals or reviews.
- In case of a tie, the Competition reserves the right to consult the jury members in order to assign only one winner.
The winning Candidate will be contacted in July 2022.
- The winning Candidate will receive a monetary prize of Five Thousand dollars in U.S. Funds (US$5,000), less any income taxes or other deductions Digital Pen is required to withhold pursuant to any applicable law, (the “Monetary Prize”) and the opportunity to collaborate on the development of a screenplay based on the winning outline, as further described below;
- The Monetary Prize will be mailed to the winning Candidate. However, provided that subject to the winning Candidate paying for any charges relating thereto, Digital Pen may transfer the Monetary Prize electronically to the winning Candidate’s bank account, as shall be disclosed to Digital Pen by the winning Candidate;
- If the winning Candidate accepts to collaborate on the development of a screenplay, such Candidate will enter into a writing services agreement, to write or co-write such screenplay, in accordance with Digital Pen’s standard writing services agreement, with financial condition in accordance with Digital Pen’s usual practice;
- The winner of the Competition will be announced on the following websites: www.champlainmedia.ca and www.reeloneent.com;
- Following the conclusion of the Competition, Digital Pen may reach out to any non-winning Candidate to discuss their respective Competition Materials.
9)ASSIGNMENT OF RIGHTS
- By entering the Competition, the winning Candidate hereby:
- assigns all of his or her rights and Work in and to the winning Competition Materials, in consideration of US$1.00 and other good and valuable consideration as set forth herein;
- waives, to the extent permitted by applicable law, his or her moral rights of authors in and to the winning Competition Materials; and
- agrees and undertakes to execute an assignment agreement in favor of Digital Pen in the form attached hereto as Exhibit 1, which form is an integral part of these Rules.
10) CODE OF CONDUCT
- The Candidate must commit to carefully reviewing and following the Rules of the Competition;
- The Competition is controlled by a private organization whose internal processes are confidential. Information or clarifications relating to these Rules can be provided to a Candidate who makes such a bona fides request, provided that such request does not to undermine the organization by significantly monopolizing its resources. Competition decisions rendered by Digital Pen’s board of directors are final and without appeal and the Candidate agrees and undertakes to respect the decisions rendered;
- The Candidate must place the highest priority on showing respect for the Competition organizers, jury members and other participants. Behaviour, language, and visual representations of an abusive, harassing, or offensive nature are unacceptable. The Candidate is forbidden from making disparaging remarks about the race, gender, religion, age, disability, origin, or sexual orientation of any individual, whether in verbal or written form, on social networks, or by any other means of communication;
- The Candidate must address the judges with an open, respectful, and non-aggressive attitude at all times;
- The Candidate must never present themselves as a spokesperson for the Competition or as a representative of Digital Pen. If, in making a public statement, a Candidate wishes to speak as an individual, they must make their intentions clear to the interviewer and audience, state that the remarks are their own, and declare that the stated opinions do not necessarily reflect the opinions or position of the Competition or of Digital Pen. Nevertheless, the Candidate must be aware, when appearing in public, speaking to the media, or posting on social networks, that they may be erroneously considered by the public to be a spokesperson for the Competition or for Digital Pen, thus, declarations must be honest, truthful, and respectful of the Competition and of the various stakeholders involved in the Competition’s activities.
- Any information of Digital Pen shared with the Candidates, and any personal information provided by the Candidates to Digital Pen is considered as confidential, unless the information is expressly characterized, by the disclosing party, as non-confidential. Each of Digital Pen and each of the Candidates, respectively, must respect the confidential nature of the information and data received from the other, undertaking to use said information only for the purpose of this Competition. Notwithstanding the foregoing, the Candidate acknowledges that Digital Pen will be entitled to share any confidential information of the Candidate to its employees and agents for the sole purpose of operating the Competition. Is not regarded as confidential any information which has legally been made public by a third party at the time of its disclosure. Digital Pen and each of the Candidates will remain held by this commitment after the expiry of the Competition. Nothing herein shall prevent Digital Pen or any of the Candidates to disclose Confidential Information required by a government body or a judicial authority.
Any Candidate who wishes to withdraw from the Competition must notify Digital Pen in writing at Development@reeloneent.com.
The Candidate commits to be available to give interviews as required by Digital Pen to promote the Competition. The Code of Ethics set out above applies to all publicity activities. Any means of promotion may be used by Digital Pen through such as newsletter, website, social networks, etc. The Candidate authorizes and irrevocably grants, unless prohibited by applicable law, to Digital Pen and the Entities permission to, from time to time, reference and discuss the Candidate and their participation in the Competition in all such promotion, in all media. now known or hereafter developed for any purpose Digital Pen and/or any of the Entities deem appropriate.
- Any Candidate who does not comply with these Rules, including the code of conduct, is disqualified;
- Providing false information will result in the disqualification of the Candidate.
Any notice, request or other communication provided for hereunder shall be in writing and shall be delivered by electronic transmission to Development@reeloneent.com.
- Any situations not covered by these Rules are referred to the Board of Directors of Digital Pen, whose decisions on such matters are final;
- Digital Pen is not responsible for problems with Competition entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties;
- No transfer, assignment or substitution of the prizes is permitted. The Monetary Prize is awarded and paid in U.S. dollars;
- A force majeure refers to an unforeseeable and exceptional event affecting the performance of the Competition by Digital Pen and such an event being outside the control of Digital Pen and which cannot be remedied despite all their efforts. If Digital Pen is confronted with a case of force majeure that could prevent it from performing its obligations under this Competition, Digital Pen will notify the Candidates describing the probable duration of the delay cause by such Force majeure event, or of the termination of this Competition if such event continues for more than 60 days.
- The various headings used in these Rules are inserted for convenience of reference only and shall not affect the meaning or interpretation of the Rules.
- This Competition is governed by the laws of the Province of Québec, Canada. If there is any discrepancy between these Rules stated in the English language and the Rules stated in the French language, the English language Rules will prevail. By entering the Competition, the Candidate hereby submit to the jurisdiction and venue of the applicable courts of the judicial district of Montréal, Québec and waives the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of the Competition. Participation in this Competition is void where prohibited or otherwise restricted by law.
EXHIBIT 1, ASSIGNMENT
A. WHEREAS Assignor participated in, and won, a writing competition held by Digital Pen (the “Competition”), the rules of which (the “Rules”) contemplated that if Assignor won the Competition, Assignor would assign all of its right and title to its winning Competition Materials (as such term is defined in the Rules); For the purposes of this Assignment, the term “Work” shall mean collectively, the winning Competition Materials consisting of and original motion picture concept and outline currently entitled Title of Project and any elements thereof, including the title, , the stories, the plots, the incidents, the dialogue, the characters and their names, and the dramatizations contained therein;
B. WHEREAS Assignor agreed to assign to Digital Pen all rights presently and in the future held by it in the Work in accordance with the following terms and conditions.
NOW THEREFORE, the Assignor hereby agrees and undertakes as follows:
1)Assignment of rights. In consideration of the payment by Digital Pen of the amounts set forth at Section 2 hereof, Assignor hereby assigns to Digital Pen, all of its rights of whatever kind and nature in the Work, exclusively and in perpetuity, including without limitation, the right and license to develop and produce one or more audiovisual productions based on the Work (each a “Production”). Without limiting any of the foregoing, Assignor assigns to Digital Pen, in any and all media, whether now or hereafter known, throughout the universe in perpetuity and in all languages, the following rights (the “Rights”):
- to produce, reproduce, perform or publish any translation of the Work and any Production;
- to convert the Work and any Production into novell or other non-dramatic works;
- to convert the Work and any Production into dramatic works, by way of performance in public or otherwise;
- to make any sound recording, cinematograph film or other contrivance by means of which the Work and any Production may be mechanically reproduced or performed;
- to reproduce, adapt and publicly present the Work and any Production as cinematographic works;
- to communicate the Work and any Production to the public by telecommunication;
- to produce and exploit merchandising products using the Work and any Production; and
- to authorize any such acts.
2) Consideration. In consideration of the assignment of Rights set out at Section 1 hereof, Assignor has agreed to accept payment of the Monetary Prize (as defined in the Rules), the sufficiency of which is hereby acknowledged by Assignor.
3) Ownership of Work. Subject to the terms of this Assignment, Assignor agrees that Digital Pen shall own exclusively, in perpetuity throughout the universe, all of the Rights. Without limiting the generality of the foregoing, Digital Pen shall have the right, but not the obligation to use, adapt, change, alter, delete from, add to or rearrange the Work and any Production and Digital Pen shall be entitled to engage any writer at its sole discretion, and Digital Pen shall have the right, but not the obligation, to use, exploit, distribute, advertise and otherwise turn to account the Work and any Production. Assignor hereby waives the benefit of any law or principle known as “moral rights of authors” or any similar law or principle.
4) Credit. Assignor shall be entitled to receive a “Story by Name of Winning Candidate” credit, which may be shared with any other writer having participation in the creation of the screenplay, in the main titles on screen in the same size of type, prominence, font etc. as the writer, provided however, that such credit shall not entitle Assignor to any form of additional consideration.
5) Assignor’s representations and warranties. Assignor hereby represents and warrants to Digital Pen and acknowledges that Digital Pen is relying on such representations and warranties in entering into this Assignment Agreement:
- Assignor is the sole owner of the Rights in, with good, valid and marketable title thereto, free and clear of all mortgages, liens, encumbrances or charges of any nature whatsoever and free from the claims of any person whatsoever, and Assignor has the absolute right to assign the Rights to Digital Pen and they shall be enjoyed by the Digital Pen free from any interruption or disturbance.
- The Work was originally created by Assignor.
- Neither the Work nor any element thereof infringes the copyright in any other work and nor will its exploitation violate the rights of privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever.
- There are no agreements relating to the Work which would affect the Rights assigned to Digital Pen hereunder.
6) General Terms.
- All recitals hereto shall form part of this Assignment as though set forth herein at length.
- The parties hereto covenant and agree that they shall sign and deliver or cause to have signed and delivered all such deeds, documents, certificates, instruments, writings, registers and assurances which may be required to give effect to the present Assignment.
- The parties agree that the validity, interpretation and performance of this Assignment shall be governed by the laws of the province of Québec and the laws of Canada applicable therein. Assignor hereto irrevocably attorns to the jurisdiction of the judicial district of Montréal, Québec.
- Digital Pen shall be entitled to assign all or part of this Assignment without the Assignor’s prior approval. Assignor agrees that the present Assignment shall be binding upon and shall enure to the benefit of each of Assignor and Digital Pen’s respective heirs, legal representatives, permitted assigns and transferees, and successors-in-title.
- As this Assignment shall be signed and/or delivered by electronic transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such electronic or “.pdf” signature page were an original thereof.
- Any provision of this Assignment which is found to be invalid, illegal or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Assignment invalid, illegal or unenforceable in any other jurisdiction.
- The Assignor hereby confirms that they have accepted that this Assignment be drawn upon in the English Language. Le cédant aux présentes confirme qu’il accepte que cette cession soit rédigée en langue anglaise.
ASSIGNOR has signed this Assignment as of the ___ day of _________________ 2022.
NAME OF WINNING CANDIDATE
This Assignment is accepted as of the ___ day of _________________ 2022.
DIGITAL PEN PRODUCTIONS INC.
____________, duly authorized