RULES AND TERMS FOR: THE 5TH MIYVMF

SELECTION

1. MIYVMF will consider for inclusion in the Festival all eligible films that have been submitted by the above deadline and in accordance with these Terms. MIYVMF reserves the right to consider for inclusion in the Festival, and include in the Festival, films received at any time and through any means, channel, or process, including means, channels, or processes other than those outlined in these Terms. Nothing in these Terms or otherwise requires MIYVMF to select for Festival inclusion any of the Films submitted through the process outlined in these Terms.

2. All selection decisions are at the sole and absolute discretion of MIYVMF and are final and unreviewable. MIYVMF is not required to provide any feedback, comments, reasons, or any other information, regarding the selection or non-selection of any submitted Film or the process by which Films are or have been selected. MIYVMF is not responsible or liable for its selection decisions; for the contents of any internal comments or feedback regarding the Film that are or may be obtained from the Applicant or anyone else; for any communications by any representative of MIYVMF relating to the Film or the Festival selection process; for the manner in which the Film shall be, is, or was considered and reviewed; or for any failure on the part of the Festival to provide the Applicant or anyone else with information concerning MIYVMF’s consideration and/or review of the Film.

3. MIYVMF will notify by March 15th, 2023, all Applicants who have been selected to participate in the festival. MIYVMF will contact Applicants using the contact information provided in the FilmFreeway registration form. Applicants are responsible for providing correct and functional contact information. MIYVMF is not responsible for any failed attempts to contact Applicants using the contact information provided.

4. MIYVMF may consider active FilmFreeway submissions for auxiliary programming outside of Festival consideration, including, without limitation, other festivals and year-round programming conducted or organized by MIYVMF.

 INTELLECTUAL PROPERTY, LEGAL CLAIMS, AND INDEMNITIES

1. By submitting the film to MIYVMF, the Applicant and Film Owners (the “Submitting Parties”) hereby warrant and represent that: (i) the Film is wholly original and is not copied from and does not include any other work that is the subject of copyright or other protection, unless such work is in the public domain or the Submitting Parties have obtained any and all consents, releases, licenses, and other authorizations or waivers of any kind necessary for the inclusion or reproduction of any person, character, location, thing, trademark, sound recording, musical composition, or other work in the Film; (ii) the Film does not defame any person or violate the common law or statutory rights, including, without limitation, the rights of privacy and publicity or any other right of any person; (iii) the Film is not the subject of litigation or any dispute that may give rise to litigation; (iv) there are no agreements, nor will there be any agreements made subsequent to the date of this Film submission, that would or could have the effect of impairing the Submitting Parties’ ability to provide the Film as contemplated herein, or otherwise conflict with any provision of these Terms; and (v) the Submitting Parties have the full right, power, and authority to submit the Film to MIYVMF for Festival consideration, and to grant all of the rights granted hereunder and in the FilmFreeway registration form, including, without limitation, the right to screen the Film in Festival venues and/or digitally on MIYVMF’s online screening platform, and there is no prior obligation or impediment which would in any way impair or restrict the Submitting Parties from fully performing all obligations pursuant to the submission and these Terms.

2. The Submitting Parties agree to indemnify and hold harmless MIYVMF, its licensees, successors, and assigns, and its and their members, officers, directors, employees, agents, representatives, associates, volunteers, and affiliates (each, a “Releasee”), from any claim, suit, action, or other proceeding brought against a Releasee and from any losses, costs, or damages, including the Releasee’s full legal fees and costs, which it may have suffered or incurred or may suffer or incur, directly or indirectly based on, in connection with, or arising from the use and exhibition of the Film submitted by the Applicant, including, without limitation, the decision to exhibit or not exhibit the Film, which decision shall be in MIYVMF’s sole and absolute discretion, or the breach or alleged breach of any representation, warranty, or other agreement made by the Applicant in these Terms, or in the Applicant’s FilmFreeway registration form.

3. MIYVMF takes reasonable anti-piracy and security precautions. While in MIYVMF ‘s possession, all Films are securely stored and regularly inventoried. Access to Films is limited to MIYVMF staff who require access to screen and consider submissions. No duplication and loaning of Films are permitted.

OTHER

1. MIYVMF reserves the right to rule, in its sole and absolute discretion, on cases and situations not foreseen by these Terms.