UK In A Day Films Limited and the BBC ("us", "we" or "our") are asking people in the United Kingdom to submit videos for consideration to be included in a feature film which will be created from submitted videos currently entitled "BRITAIN IN A DAY" (the "Film") and also for consideration to be included in a special BBC online archive in connection with the Film (" BBC Archive").
The objective is to capture a day in the life of the UK in 2011. Accordingly you are invited to submit videos that are filmed or recorded on 12 November 2011 for this purpose (each, a "Video" and collectively "Videos", which expression includes all or any part(s) of such Videos and any material subsequently sent to us in connection with the Video e.g. a longer cut). All Videos submitted must be submitted to the dedicated YouTube channel for the Film located at www.youtube.com/BritainInADay (the "Film Channel") in accordance with the dates and timings as set out below.
The inclusion or not of any Video in the Film is entirely dependent on our artistic vision and the artistic vision of the director of the Film (the " Director") in the case of the Film and dependent on BBC editorial and the conditions set out below in the case of the BBC Archive and the Film Channel. Our decision and that of the Director is final (whether joint or otherwise). As such, our artistic review will determine the Videos which will be selected for inclusion in the Film.
By submitting your Video to the Film Channel, you agree to these official rules and terms (the"Official Terms") in addition to agreeing to comply with the terms of service of the YouTube website set out at http://www.youtube.com/t/terms (the "Terms of Service") and including the Community Guidelines of the YouTube website at http://www.youtube.com/t/community_guidelines (the " Code of Conduct") (and references to the "Official Terms" shall include all of these terms, unless otherwise indicated).
Further information regarding the Film and the creation and submission of Videos for the Film is available on our Frequently Asked Questions page located on the Film Channel under BASIC RULES but such information does not form part of these Official Terms.
The relevant dates for this project are as follows:
Saturday 12 November 2011 at 00:00:00AM GMT (from midnight Friday)
Saturday 12 November 2011 at 24:00:00 GMT (to midnight Saturday)
Submission of your Video by uploading to the Film Channel
(the "Submission Period")
Saturday 12 November 2011 at 00:00:00AM GMT
Monday 21 November 2011 at 24:00:00 GMT
Videos will be reviewed
Sunday 13 November 2011 at 09:00:00AM GMT
Until all Videos uploaded have been reviewed until end Dec 2011.
For all other dates such as the intended release of the Film, please check updates which will be posted to the Film Channel or the BBC site. Such other dates (including the release date of the Film) are subject to change at our sole discretion and we have no obligation to complete the production of the Film or, if completed, to broadcast or release the Film in any specific media or at all.
UK in a Day Films Limited, 30 Old Burlington Street, London, W1S 3NL, the British Broadcasting Corporation, Broadcasting House, London W1A 1AA and YouTube, LLC, 901 Cherry Avenue, San Bruno, CA 94066 (all parties collectively referred to as the "Project Entities" which expression includes their respective successors in title, assigns, licensees, parent or subsidiary companies, (including without limitation Scott Free Films Limited) promotional partners, developers and third party marketing entities.)
2.1 For YouTube users to be eligible to upload and submit Videos to be considered for inclusion in the Film, individuals must be:
2.2 You will not be eligible to submit Videos to be considered for inclusion in the Film if you are a party who:
3.1 You can submit as many Videos as you like within the Submission Period, provided they comply with these OfficialTerms. Each Video must be no longer than fifteen (15) minutes.
3.2 When submitting your Video to the Film Channel you must also complete certain details requested by us, in particular your name, email address, contact telephone number and age range, details of the filming location(s), (some of these requests may be optional to complete) or your Video will not be eligible for consideration for inclusion in the Film. We will only use information collected at this point to contact you for the purpose of the Film, use as part of the BBC Archive and the Film Channel, such as obtaining physical copies of your Video and any further release documentation required and to communicate with you about whether your Video is provisionally selected for possible inclusion in the Film or has been included in the Film.
3.4 You must retain the original material used to create your Video so we can access it for use in the Film, should your Video be selected for possible inclusion in the Film.
3.5 We will review all Videos received during the Submission Period and the Film Channel and will only accept and post those Videos that conform to these Official Terms (in particular the Code of Conduct). Videos which do not conform to these Official Terms will not be eligible for inclusion in the Film or in the BBC Archive (although they will continue to appear in your YouTube account). Our decisions are final and binding.
4.1 You represent, warrant, covenant and confirm to us that:
(i) your Video conforms with these Official Terms, the Terms of Service and the Code of Conduct;
(ii) you are over 18 years of age. If you are between 14 and 18 we will need your parent or legal guardian to subsequently complete and sign a special form if your video is selected;
(iii) all responses provided by you to us when you upload your Video to the Film Channel are true and complete in all respects;
(iv) your entire Video was filmed and/or recorded by you on the Filming Day;
(v) you are the sole author and owner of your Video which is wholly original to you;
(vi) you have the right to agree to these Official Terms and to grant the rights referred to in these Official Terms, free from any encumbrances and third party rights;
(vii) nothing in your Video infringes the copyright or any other rights (including any rights of confidentiality and/or privacy and/or publicity, any moral rights or any intellectual property rights) of any third party;
(viii) your Video does not include any logos, trademarks, designs or copyright material (including but not limited to music, film or TV footage), whether or not owned by you (other than the Video itself);
(ix) your Video does not include the name, image or voice or other sounds of any person unless you have obtained a signed permission release form (" Appearance Release") from such person in the form available for download here;
(x) you have permission to film at your filming location, if the location is privately owned, to enable us to exploit your Video in accordance with these Official Terms. We may have to ask you to get the location owner to sign a location release form if your Video is selected;
(xi) you have not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to your Video which would prevent you from licensing your Video to us in accordance with these Official Terms, including by entering into any agreement which would require us to make any payment to you or any third party for using your Video;
(xii) no action claim or litigation is pending or threatened with respect to your Video or any rights in your Video;
(xiii) your Video does not contain any defamatory material or any material which is disparaging or derogatory of any person or which could adversely affect the name, reputation or goodwill of any person;
(xiv) your Video does not contain pornographic or sexually explicit content and does not contain any hateful, obscene, offensive or blasphemous content of any kind or any content which promotes violence or harm to any living creature;
(xv) your Video does not contain threats of any kind or any content that could intimidate, harass or bully any person; and
(xvi) your Video and your filming and creation of your Video do not violate any local, state, national or international law or encourage violations of such laws, including privacy.
4.2 If you breach any of your representations, warranties, obligations, undertakings or covenants in these Official Terms, or your Video does not comply in all respects with these Official Terms, your Video will be disqualified from consideration for the Film and/or the BBC Website and/or will be removed from the Film Channel.
5.1 To the extent permitted by applicable law, neither the Project Entities nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively "Released Parties") are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Film Channel or the YouTube website, for problems uploading any Video or downloading any related materials from the Film Channel or YouTube website, or for late, lost, damaged, misdirected, incorrect or incomplete Video.
5.2 For purposes of these Official Terms, receipt of your Video occurs when the YouTube website's servers successfully receive the uploaded video file and record the required Video information.
6.1 All eligible Videos received during the Submission Period will be reviewed by us and/or the Director, and Videos will be selected or not selected for inclusion in the Film on the following basis, in no particular order:
(i) appropriateness in relation to the brief as explained as part of the BBC Archive and on the Film Channel;
(iv) technical execution; and
(v) consistency with the creative and artistic vision of us and/or the Director of the Film.
6.2 If your Video is provisionally selected for possible inclusion in the Film, we will contact you at any time from the 5th December 2011 onwards via the email address you communicated to us when you submitted your Video to the Film Channel, and ask you to send us a physical copy of that Video or upload it to a special site in order for us to use the highest resolution version of your Video possible. We will also require you to provide your home address for use solely for the same purposes as are specified in clauses 3 (Video Submission Requirements) and 15 (Privacy), and if required, enforcing these Official Terms.
6.3 You may also be required to sign or procure that third parties execute additional documentation concerning the use of your Video, at our discretion. This may include Appearance Releases from individuals appearing recognisably in your Video (to the extent you have not already provided these to us at the point of submitting your Video to the Film Channel) and a signed location release in a form to be provided by us to you (" Location Release") from the owner of any location appearing in your Video.
6.4 If your Video is provisionally selected for possible inclusion in the Film or on the BBC Website, it does not mean your Video will be included in the final cut of the Film even if you provide all materials and releases requested by us.
6.5 If you fail to send us a physical copy of your Video or complete any required documentation, if specifically requested by us, in accordance with any requested timelines, or if your Video is found not to be in compliance with these Official Terms then your Video will not be included in the Film and may also be removed from the Film Channel.
6.7 The Project Entities reserve the right to disqualify your Video at any time, at their sole discretion, on the basis of anything learned or obtained as a result of any additional documentation required by us, that constitutes a breach of these Official Terms. Our decision is final, including any application and/or interpretation of these Official Terms.
7.1 By submitting your Videos to the Film Channel, you irrevocably grant us, jointly and severally, a worldwide non-exclusive, royalty free licence (where relevant, by way of present licence of present and future copyright) to:
(i) download, copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your Video (including without limitation the right to extract audio only or picture only content from your Video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicising, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, and to include your Video (or any such altered or edited version of your Video) in the Film whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as we determine in our sole discretion;
(ii) advertise, promote, publicise, broadcast, exhibit, distribute and exploit the Film (and any clips from the Film) incorporating your Video, or any such altered or edited version of your Video, throughout the world in perpetuity in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Film); and
(iii) communicate your Video, or any part thereof, to the public via any BBC Website and/or the Film Channel, including without limitation for promoting and redistributing part or all of the Film Channel in any media formats and through any media channels.
7.2 If we request it, you agree to give to us all physical materials and copies of materials relating to your Video now or after the date of these Official Terms delivered by you to us or submitted by you at our request to a special site. We will not return to you any physical materials and copies of materials relating to your Video delivered by you to us and we shall have no liability to store or retain the same and shall have no liability whatsoever to you arising from the destruction or loss of the same by us or any third party.
7.3 In these Official Terms the expression "Film" also includes any trailers, teasers, advertising or promotional material, DVD "extras", bonus materials, electronic press kits, making-of film, soundtrack album, documentary or other production based on, or relating to such film, or any other material connected with advertising, promoting or exploiting such film (together "Derivative Film Material").
7.4 IF YOUR VIDEO (OR ANY PART OF IT) DOES NOT APPEAR IN THE FILM OR IN ANY DERIVATIVE FILM MATERIAL OR AS PART OF THE BBC ARCHIVE OR ON THE FILM CHANNEL, THE LICENCE IN THIS CLAUSE 7 WILL NOT APPLY.
8.1 If you appear in your Video or if your voice or sounds you make are audible in your Video, and your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or in the BBC Archive and/or on the Film Channel, you irrevocably grant to us, all performance consents which are or may be required under the Copyright, Designs and Patents Act 1988 (UK) (as amended or re-enacted from time to time) and any other analogous legislation in any part of the world for the exploitation of your appearance and performance in your Video and of the Film (or any part of the Film) and any Derivative Film Material, throughout the world, in perpetuity, in any media, now known or devised in future. We have the unlimited right to dub and/or subtitle your performance in any language.
8.2 If anyone other than you appears identifiably in your Video or their voice or other sounds made by them can be heard in your Video or their name is referred to in your Video, and/or if any location other than your own property, appears identifiably in your Video, you warrant that you have obtained all necessary assignments, licences, consents, grants of rights and waivers of moral rights from such individuals and/or the owners of such locations (as applicable) so as to enable us to exploit your Video in accordance with these Official Terms incorporating the names, images, voices, sounds and performances of such individuals and/or photographs, recordings and sound recordings of such locations (as applicable), throughout the world, in any and all languages, in perpetuity, in any media and by all means, now known or devised in future, without hindrance and without any payment obligations to such individuals and/or owners (as applicable). In the event your Video is provisionally selected for possible inclusion in the Film, we will require you to provide signed Appearance Releases and/or location releases (as applicable).
If your Video (or any part of it) is included in the final cut of the Film (but not otherwise), you will receive a credit using the full name given by youwhen you submit your Video to the Film Channel, as co-director of the Film in a list of contributors to the Film. The size, position and placement (whether in the Film or elsewhere) of such credit will be determined by us in our sole discretion. No failure by us or any third party to accord the foregoing credit shall constitute a breach of these Official Terms by us or entitle you to rescind your agreement to these Official Terms or to receive injunctive or other equitable relief or to enjoin or restrain the broadcast, distribution, exhibition, advertising, publicity, communication to the public or other exploitation of the Film or any Derivative Film Material.
If your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or on the BBC Website, we shall have the right to use your name, photograph and non-photographic likeness and any still frames or moving images of your likeness taken from your Video and any recordings of your voice or sounds you made taken from your Videothroughout the world for all purposes of advertising, promotion, publicity, broadcast, exhibition, distribution, exploitation and communication to the public of the Film, any Derivative Film Material, the BBC Website and the Film Channel, in any and all media now known or devised in future, in perpetuity.
11.1 If your Video (or any part of it) is included in the Film and/or any Derivative Film Material or on the BBC Website or on the Film Channel, to the fullest extent permitted by applicable law, you irrevocably waive the benefits of and agree not to assert or exercise and waive and release the Project Entities from any and all claims that you may now or hereafter have in any jurisdiction based on any provision of law known as "moral rights" or "droit moral" or any similar rights or unfair competition with respect to the Project Entities' exploitation of your Video without further notification or compensation to you of any kind, and you agree not to instigate, support, maintain, or authorise any action, claim, or lawsuit against the Project Entities or any other person in connection with your Video, the Film or any Derivative Film Material, on the grounds that any use of your Video or any derivative works thereof, infringe or violate any rights of you and/or any participant therein.
11.2 You warrant that neither you nor any other person will make any objection in the future to your Video (or any part thereof) being included in the Film and/or the Derivative Film Material and irrevocably waive and release us from all and any liability of whatsoever nature following from or arising as a result of the inclusion of your Video (or any part thereof) in the Film and/or any Derivative Film Material including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights.
12.1 Inclusion of your Video in the Film and/or any Derivative Film Material and/or in the BBC Archive and/or on the Film Channel will be deemed sufficient consideration for all rights granted to us under these Official Terms and neither you nor any other person shall be entitled to any further sums whatsoever in connection with any exploitation of the rights granted to us under these Official Terms.
12.2 Inclusion of your Video in the Film and/or any Derivative Film Material and/or in the BBC Archive and/or on the Film Channel shall include equitable remuneration in respect of rental and lending rights and cable retransmission rights and any similar rights to which you may now or shall subsequently become entitled under the laws of any country in connection with the exploitation of the Film and/or any Derivative Film Material.
13.1 We shall be under no obligation to include your Video in the Film or in any Derivative Film Material or in the BBC Archive or on the Film Channel or, having made the Film or any Derivative Film Material including your Video, to broadcast, exhibit or exploit the Film or any Derivative Film Material and shall have no liability whatsoever arising out of the foregoing.
13.2 In addition to Videos submitted by YouTube Users, we and partner organisations are distributing cameras to selected organisations and individuals ("Non YouTube Users") in order to expand the reach of the project and the opportunity of Non YouTube Users to participate. Videos submitted to us by Non YouTube Users will be eligible for inclusion in the Film on the same terms and conditions herein.
13.3 We will not enter into any correspondence in relation to the selection of the content included in the Film or in any Derivative Film Material.
14.1 In the event of any breach by us of these Official Terms, your sole remedy shall be for damages (if any) actually suffered by you (subject always to 14.2 below) and you shall not in any circumstances be entitled to rescind your agreement to these Official Terms or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film or any Derivative Film Material.
14.2 To the fullest extent permissible by applicable law, we shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and us at the date of your upload of your Video to the Film Channel) suffered or incurred by you arising out of or in connection with these Official Terms. UK in a Day Films Limited and YouTube's aggregate collective liability arising from or relating to these Official Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £100.
14.3 Nothing in these Official Terms shall be construed so as to limit or exclude either you or us from liability for fraudulent misrepresentation, personal injury or death.
14.4 YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL TERMS, AGREE TO BE BOUND BY THE DECISIONS OF THE PROJECT ENTITIES, WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THIS PROJECT, AND AGREE EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' NEGLIGENCE OR BREACH OF THESE OFFICIAL TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR (AND YOU HEREBY IRREVOCABLY RELEASE THEM FROM LIABILITY FOR) ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION YOUR CREATION OF YOUR VIDEO), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM YOUR BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL TERMS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROJECT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROJECT ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE REVIEW OF ANY OF US, YOU UNDERSTAND AND AGREE TO BEAR SOLE LIABILITY FOR THE CONTENTS OF YOUR VIDEO AND AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF ANY THIRD PARTY'S CLAIM OR DEMAND RELATING TO THE CONTENT OF YOUR VIDEO. YOU FURTHER AGREE TO INDEMNIFY AND TO KEEP THE RELEASED PARTIES FULLY INDEMNIFIED AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, ACTIONS, DEMANDS, DAMAGES AND/OR LIABILITIES WHATSOEVER INCURRED BY AND/OR AWARDED AGAINST AND/OR COMPENSATION AGREED BY ANY RELEASED PARTY IN CONSEQUENCE OF ANY BREACH OR NON-PERFORMANCE BY YOU OF THE WARRANTIES SPECIFIED IN CLAUSES 4(I), 4(III) AND 4(V)-4(XVI) (INCLUSIVE) ABOVE IN THESE OFFICIAL TERMS.
14.5 You hereby acknowledge and agree that the relationship between you and the Project Entities is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your Video in connection with the Film does not place the Project Entities in a position that is any different from the position held by members of the general public with regard to elements of your Video, other than as set forth in these Official Terms.
15.2 For the purposes of the DPA and any related legislation, and any analogous legislation applicable in any other jurisdiction, you agree and give your consent to the holding and processing of personal data, including sensitive personal data as such terms are defined in the DPA, relating to you (including without limitation the data referenced in clauses 3 (Video Submission Requirements) and 6 (Selection of Video) above) by us and any companies in the same group as us or under common control or ownership with us and, where relevant our and their respective employees, agents and advisers, solely for purposes connected with these Official Terms (including without limitation the enforcement of the same), the Film, the Derivative Film Material and the BBC Archive and to ensure compliance with our legal and regulatory obligations.
15.3 You acknowledge that the processing of personal data pursuant to clause 15.2 above may involve the disclosure of such personal data to third parties, such as distributors and licensees of the Film, YouTube, sponsors and advertisers and other persons connected with the Film or the relationship under these Official Terms.
15.4 The disclosure and processing of your personal data pursuant to clauses 15.2 and 15.3 above may involve the transfer of such personal data outside the European Economic Area including the US and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area. You consent to such transfers.
15.5 You and any person appearing in your Video from whom we have received personal data have the right to require personal data held by us relating to you or such person (as applicable) to be removed from all records held by us by sending an email to the following email address: firstname.lastname@example.org, provided that if you or any such person sends such notice after we have included your Video in the Film we shall be entitled to retain personal data received from you or any such person (as applicable) for the purposes of verifying your, or their (as applicable), consent to the inclusion of your Video in the Film and in the BBC Archive and on the Film Channel and, at our sole discretion, we shall have the right to continue to use your Video in accordance with the terms of these Official Terms (including without limitation in the Film and in any Derivative Film Material, in the BBC Archive and on the Film Channel). In the event that you or any person appearing in your Video sends such notice prior to inclusion of your Video in the Film, your Video will not be eligible for inclusion in the Film or in the BBC Archive or on the Film Channel.
16.1 We shall be entitled to assign, license, charge or deal in any other manner with these Official Terms or our rights and benefits under these Official Terms (in whole or part) to any third party.
16.2 You shall not be entitled to assign, license, charge or deal in any other manner with these Official Terms or your rights and benefits under these Official Terms to any third party without our prior written consent.
17.1 These Official Terms (together with all information provided by you at the point of submitting your Video to the Film Channel) constitute the entire agreement between you and us and replaces, supersedes and cancels all prior agreements between you and us relating to the subject matter of these Official Terms.
17.2 In the case of any conflict between any provision of the Official Terms in this document and the Terms of Conduct or the Code of Conduct, these terms will prevail.
17.3 English law shall apply to these Official Terms (including non-contractual obligations arising out of or in connection with them) and you and we irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these Official Terms (including non-contractual disputes or claims). Service of process in any judicial or other proceeding against you may be made by personal delivery (including by courier) or by post (by airmail if sent overseas) to the address provided by you to us under clause 6.2 (or such other address as you may notify to us in writing from time to time) and shall be deemed effected when left at the relevant address (in the case of personal delivery (including by courier)) or two (2) days after posting (if sent by post other than airmail) or six (6) days after posting (if sent by airmail).
If any provision of these Official Terms is invalid, void or unenforceable for any reason, such provisions shall in no way affect any other provision of these Official Terms, which will remain in full force and effect.
We may cancel, modify, or suspend this project (or any portion thereof) at our sole discretion. In the event of termination, we reserve the right, at our sole discretion to select Videos for the Film and the BBC Archive from among all eligible Videos received up to the time of such action using the judging procedure set forth herein.