Off-Plus-Camera '10

OFF PLUS CAMERA 2011

Festival dates: April 8 - 17, 2011

§ 1.
The organiser of the International Festival of Independent Cinema OFF PLUS CAMERA (hereinafter referred to as the “Festival”), the 4th edition of which is to be held in 2011, is Stowarzyszenie Sztuki Niezależnej i Nie Tylko OFF CAMERA with its registered office in Kraków (hereinafter referred to as the “Organiser”), entered in the Register of Associations, Other Social and Professional Organisations, Foundations and Public Healthcare Institutions in the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków under no. KRS 0000303333, in co-operation with the Kraków Festival Office with its registered office in Kraków.

§ 2.
1. The subsequent Festival editions shall be held each year in Kraków on the dates set by the Organiser.
2. The Festival’s objective shall be to foster development of film art, promote ambitious artistic repertoire, arrange meetings with filmmakers from all over the world as well as to stimulate the film industry in Poland and to award the best films and their authors.
3. The Festival shall be an international event.
4. In order to select films to be screened during the Festival (including their presence in the individual Competitions) and also to provide supervision over the proper course of events during the Festival, a Festival Committee (hereinafter referred to as the “Committee”) shall be established. At the same time, it is hereby agreed as follows:
4.1 All the members of the Committee, including the Chairman, shall be appointed by the Organiser;
4.2 The list of films qualified by the Committee for screening at the Festival, including those qualified by the Committee for the individual Competitions, shall be announced by the Organiser by 10 April 2011; the Committee’s decision shall be final and require no justification.

§ 3.
1. The Festival programme shall include:
1.1 the following festival competitions (hereinafter referred to as “Competitions”):
(a) main competition for the Kraków Film Award (hereinafter referred to as the “Main Competition”); it is hereby agreed that in aggregate up to 12 films submitted and qualified for the Main Competition shall take part in the Main Competition according to these Rules and Regulations;
(b) competition for the Journalists’ Award (hereinafter referred to as the “Competition for the Journalists’ Award”); it is hereby agreed that in the Competition for the Journalists’ Award the films taking part in the Main Competition shall take part;
(c) competition for the Award for the Polish Feature Film (hereinafter referred to as the “Competition of Polish Feature Films”); it is hereby agreed that in aggregate up to 10 films submitted and qualified for the Competition of Polish Feature Films shall take part in the Competition of Polish Feature Films according to these Rules and Regulations;
(d) competition for the Audience Award (hereinafter referred to as the “Competition for the Audience Award”); it is hereby agreed that the films taking part in the Main Competition and the Competition of Polish Feature Films as well as the films screened in the festival section “Discoveries” shall take part in the Competition for the Audience Award;
1.2 films screened outside the competitions in sections to be specified each time by the Organiser;
1.3 press conferences;
1.4 lectures and training workshops; and
1.5 related events.
2. The rules governing individual Competitions may be set out in detailed rules and regulations.
3. The Organiser may establish additional competition categories at their sole discretion.
4. The Organiser shall charge no entrance fees.

§ 4.
1. The winners of the individual Competitions shall be granted the following awards:
1.1 Main Competition: the Kraków Film Award comprising a statuette (the prestigious component of the award) and a cash amount (the cash component of the award) of USD 100,000* gross (in words: one hundred thousand US dollars), representing the (gross) equivalent of a PLN amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the date selected by the Organiser and falling in the period from 1 January 2011 to 31 March 2011 (hereinafter referred to as the “Award Establishment Date”), to be granted to the director of the winning film presented in the Main Competition (hereinafter referred to as the “KFA Winner”) and selected by the international Jury of the Main Competition (all members of the international Jury, including the Chairman, shall be appointed by the Organiser);
1.2 Competition for the Journalists’ Award: the Journalists’ Award (working name) comprising a statuette (the prestigious component of the award) and a cash amount (the cash component of the award) of USD 10,000** gross (in words: ten thousand US dollars), representing thr (gross) equivalent of a PLN amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the Award Establishment Date; the entity qualifying to be the winner of the Competition for the Journalists’ Award as well as the rules governing selection of the same shall be specified in detailed rules and regulations of the Competition for the Journalists’ Award to be published by the Organiser;
1.3 Competition for the Polish Feature Film Award: the Polish Feature Film Award (working name), comprising a statuette (the prestigious component of the award) and a cash amount (the cash component of the award) of USD 10,000** gross (in words: ten thousand US dollars), representing the (gross) equivalent of the PLN amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the Award Establishment Date; granted to the director of the winning film screened in the Competition for the Polish Feature Film Award (hereinafter referred to as the “CPFFA Winner”), selected by the Jury of the Competition for the Polish Feature Film Award (all members of the Jury, including the Chairman, shall be appointed by the Organiser);
1.4 Competition for the Audience Award: the Audience Award comprising a statuette (the prestigious component of the award) and a cash amount (the cash component of the award) of USD 10,000** gross (in words: ten thousand US dollars), representing the (gross) equivalent of the PLN amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the Award Establishment Date; granted to the producer of the winning film screened in the Competition for the Audience Award, selected by the viewers of the films taking part in the Competition for the Audience Award;
2. The cash components of the Competition awards referred to in Section 1 of this paragraph shall be gross amounts subject to income tax withholding in accordance with the laws applicable in this respect in Poland.
3. The Organiser may refuse to deliver the cash component of the Kraków Film Award / Polish Feature Film Award to the KFA Winner / CPFFA Winner, respectively, if the latter was not present at the Festival Closing Gala at the moment the KFA Winner / CPFFA Winner, as applicable, was announced. The Organiser may not refuse to deliver the award for the reasons specified in the preceding sentence if the Closing Gala, at the moment the KFA Winner / CPFFA Winner is announced, was not attended by a representative of the KFA Winner / CPFFA Winner, previously approved by the Organiser in writing (otherwise the approval shall be deemed null and void).
4. Within 130 days as of the granting of the right to the Kraków Film Award / Polish Feature Film Award, the KFA Winner / CPFFA Winner shall be obliged to:
4.1 submit to the Organiser, on a free-of-charge basis, photographs of the KFA Winner / CPFFA Winner (including any rights thereto) for the purposes of Festival promotion (including promotion of future Festival editions);
4.2 submit to the Organiser, on a free-of-charge basis, a short film made by the KFA Winner / CPFFA Winner (including any rights thereto), containing the Winner’s statement about the importance of the award granted to them and the opportunities they think it creates, for the purposes of Festival promotion (including promotion of future Festival editions);
4.3 submit to the Organiser, on a free-of-charge basis, 2 master shots made by the KNF Winner / CPFFA Winner (including any rights thereto), dealing with various subjects, to be used for the purposes of the next edition of the Festival;
- a detailed scope as well as terms and conditions of performance of the foregoing obligations of the KNF Winner / CPFFA Winner shall be set forth by the Organiser. In any case, the KNF Winner / CPFFA Winner shall be obliged to keep in touch with the Organiser’s representative and to inform the latter, on an ongoing basis, on the progress in their artistic work.
5.    Notwithstanding the deadlines for the payment of the cash component of the Kraków Film Award / Polish Feature Film Award, as specified in the Rules and Regulations, the Organiser shall have the right to withhold payment of the full amount of the cash component of the Kraków Film Award / Polish Feature Film Award, or of any part thereof (at the Organiser’s sole discretion), until the KNF Winner / CPFFA Winner fulfils all their obligations specified in Section 4 of this paragraph, with no claims raised by the KNF Winner / CPFFA Winner against the Organiser, including, in particular, claims for payment of interest.
6.    The Award Establishment Date shall be …………………….***.
7.    Any awards not provided for in the Rules and Regulations may be granted only upon prior consultation with the Organiser.

§ 5.
1. Films to be screened during the Festival, including those taking part in the Competitions, may be submitted by the producers or distributors thereof, as well as by other entities having the right to use and dispose of the film concerned (hereinafter referred to as the “Entrant”). It is hereby agreed as follows:
1.1 Submission of a film to be shown during the Festival shall be deemed equivalent to submission by the Entrant to the Organiser of:
(a) a statement to the effect that: (i) the Entrant has acquainted themselves with these Rules and Regulations, and accepts the content hereof, (ii) each and every person who might become a winner of any Award to be granted in the Competitions has acquainted themselves with these Rules and Regulations, and accepts the content hereof;
(b) a statement of granting to the Organiser of an unlimited, in terms of duration or territory, licence (relating to the copyrights and neighbouring rights, with the right to grant sublicences) for the use of the film related to the Festival and/or a Competition, and/or promotion thereof, whereunder the Organiser shall be authorised to use the film (in whole or, possibly, in the form of freely chosen fragments thereof) in all known fields of use, including the recording for screening purposes, transmission, broadcasting, re-broadcasting, public presentation, reproduction (also by making the same available on the Organiser’s website related to the Festival), entering the same into computer memory and a computer network, including the Internet, use in the form of telecommunications services (e.g. audiovisual transmission) and other forms of dissemination. The authorisation referred to in the preceding sentence shall also apply to photographs and biographical information referring to the film’s co-authors and producer;
1.2 Films qualified for the Competitions shall be made available to the Organiser free of charge;
1.3 The Organiser shall reserve the right to refuse admittance to the Festival (including individual Competitions) of films which, in particular:
(a) include any content that incites racial or religious hatred, or that might insult one’s religious feelings,
(b) include any content that might pose a threat to the life or health of minors,
(c) were produced as a result of any actions that may have exposed people or animals to a loss of life or health, or
(d) may otherwise be in breach of the laws applicable in Poland or moral standards;
1.4 Films qualified for the Festival (including for the individual Competitions) shall be submitted by the Entrant to the Organiser only on one of the following carriers in the PAL format:
(a) 35mm tape, with optical or magnetic soundtrack;
(b) BetaSP;
(c) DigiBeta;
(d) DV Cam; or
(e) HD Cam.
1.5 The 35mm tape or HD Cam shall be the preferred formats for the films; if any film has been submitted in a format other than the 35mm tape, the Organiser shall have the right (with no fees incurred in this connection) to copy the copies of the films received to a computer hard disc in order to screen the same during the Festival;
2. A film submitted to and qualified for screening at the Festival may not be withdrawn by the Entrant or by any other person without prior written (otherwise it shall be null and void) consent of the Organiser.

§ 6.
1. A feature film or a film that constitutes an independent artistic work may be submitted to take part in the Main Competition or the Competition of Polish Feature Films, provided that its total screening time is no less than 60 minutes.
2. The following rules for and forms of submission of films for the Festival are hereby established:
2.1    The Main Competition: a film may be submitted in the following manner:
(a) by completion and delivery to the Organiser (to the address: ul. Bonifraterska 3/1, 31-061 Kraków, Poland) of a registration form made available by the Organiser;
(b) via the Internet application available at: https://www.withoutabox.com/;
2.2    The Competition of Polish Feature Films: a film may be submitted for the Festival by completion and delivery to the Organiser (to the address: ul. Bonifraterska 3/1, 31-061 Kraków, Poland) of a registration form made available by the Organiser;
2.3    A film submission shall be deemed effective only if:
(a)     made no later than by 15 February 2011;
(b)    by the date to be specified by the Organiser the latter has received a screening copy of the Film along with a package of information materials relating to the film including (if possible):
-    a brief description of the film, including the credits,
-    a selection of stills either in electronic form or on the film’s website,
-    1 to 3 posters (plus a digital file in the TIFF, EPS or PDF format and in a quality enabling the printing out of a high-quality poster), and
-    a DVD or a video clip (only in the Beta PAL format) for the purposes of Festival promotion;
2.4    A film with dialogues in any language other than English shall have the dialogue track in English.
3.     The Organiser shall return the screening copy of the film only upon the Entrant’s express request and at their cost.
4.     The Entrant shall be notified of the fact that their film has been selected to be screened during the Festival in writing or by e-mail; the correspondence shall include detailed instruction on the dispatch of the film copy.

§ 7.
The winner of the Competition for the Audience Award shall be selected through establishment by the Organiser of which film the highest number of votes have been cast for by the viewers attending the screenings of the films participating in the Competition for the Audience Award by means of ballot papers to be prepared and made available by the Organiser. If at least two films score equal highest number of votes, the winner of the Competition for the Audience Award shall be selected from among the producers of these films by the Committee.

§ 8.
1. The Organiser shall bear the costs of transport and insurance of the film copies only with respect to the transport thereof from and/or to the actual provider of the said copy. This shall not, however, preclude the possibility of payment of such costs by the provider of the copy.
2. Should the copy be lost or seriously damaged when held by the Organiser, the financial liability of the latter shall be limited exclusively to the refunding to the producer or distributor of the costs of making a new copy.

§ 9.
1. These Rules and Regulations have been drawn up in Polish and in English. Should any doubts arise as to the interpretation of the provisions of the Rules and Regulations, the Polish version hereof shall prevail.
2. In case of any conflict between the provisions of these Rules and Regulations and those of the detailed rules and regulations, provisions of the detailed rules and regulations shall prevail.

Organiser:
The Management Board of Stowarzyszenie Sztuki Niezależnej i Nie Tylko OFF CAMERA
Footnotes:
* The value of the awards as set forth in these Rules and Regulations is given as an example only and represents the equivalent of the (gross) amount in PLN, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the Award Establishment Date (hereinafter referred to as the “Base Amount”; for example, if the PLN/USD exchange rate as at the Award Establishment Date is USD 1 = PLN 3.00, the Base Amount is PLN 300,000.00). The value of the awards may change as a result of any change in the PLN/USD exchange rate. The ultimate value of the award in USD shall be calculated as at the date of the Festival Closing Gala and shall represent the equivalent of the Base Amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the date referred to above (applicable as at the date of the Closing Gala); for example, if the Base Amount is PLN 300,000.00 and the PLN/USD exchange rate as at the Closing Gala date is USD 1 = PLN 2.90, the ultimate value of the said award in USD shall be USD 103,448.28. The award shall be paid out (in USD or PLN, at the Organiser’s sole discretion; the amount to be paid in PLN shall be calculated at the average PLN/USD exchange rate published by the National Bank of Poland as at the date to be chosen by the Organiser and falling within the period from the Closing Gala date to the date when it becomes due) in accordance with the regulations in force in Poland, within 90 days as of the granting of the said award, to the bank account specified by the KFA Winner, subject, however, to prior provision by the latter of the following details: first name and surname, date of birth, tax identification number, parents’ first names, full address of residence, and number of a bank account.

** The value of the awards as set forth in these Rules and Regulations is given as an example only and represents the equivalent of the (gross) amount in PLN calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the Award Establishment Date (hereinafter referred to as the “Base Amount”; for example, if the PLN/USD exchange rate as at the Award Establishment Date is USD 1 = PLN 3.00, the Base Amount is PLN 30,000.00). The value of the awards may change as a result of any change in the PLN/USD exchange rate. The ultimate value of the award in USD shall be calculated as at the date of the Festival Closing Gala and shall represent the equivalent of the Base Amount, calculated at the average PLN/USD exchange rate published by the National Bank of Poland and applicable as at the date referred to above (applicable as at the date of the Closing Gala); for example, if the Base Amount is PLN 30,000.00 and the PLN/USD exchange rate as at the Closing Gala date is USD 1 = PLN 2.90, the ultimate value of the said award in USD shall be USD 10,344,83. The award shall be paid out (in USD or PLN, at the Organiser’s sole discretion; the amount to be paid in PLN shall be calculated at the average PLN/USD exchange rate published by the National Bank of Poland as at the date to be chosen by the Organiser and falling within the period from the Closing Gala date to the date when it becomes due) in accordance with the regulations in force in Poland, within 90 days as of the grant of the said award, to the bank account specified by the winner, subject, however, to prior provision by the latter of the following details: first name and surname, date of birth, tax identification number, parents’ first names, full address of residence, and number of the bank account.