Donating to Crude: Terms & Conditions
From: One-Off Productions Ltd ("OOPS")
Company Number 5307721
Herston Cross House
230 High St Swanage
Dorset BH19 2PQ
CRUDE
1. OOPS intends but does not undertake to make a feature length documentary provisionally entitled "Crude" about oil, war, politics and climate change ("Film").
2. OOPS will undertake certain production work on the Film and for this purpose you have agreed to make a donation to OOPS of a sum to be specified upon acceptance of these terms (“the Donation”).
3. The Donation is a gift. No monetary repayment will ever be made. In the event the Film is not made you will not be entitled to have the Donation repaid and neither party will owe any further obligation to the other.
4. You shall be entitled to the specific benefits according to the sum donated as detailed in the Schedule of Benefits.
5. For the avoidance of doubt it is acknowledged by you that the copyright of the Film is owned by OOPS. Furthermore, all creative and commercial decisions in connection with the Film are within the absolute discretion of OOPS.
6. OOPS may assign any of its rights or delegate any of its duties under this agreement.
7. This agreement represents the entire agreement between the parties with respect to the matters contained herein and supersedes any prior understandings or representation by the parties with respect to the matters herein and any previous agreements made between them, whether orally or in writing.
8. In the event of a dispute arising out of this agreement the parties agree:
8.1 to refer the matter to mediation, using the offices of a mediator in accordance with appropriate procedures established by a body recognised for its role in facilitating mediation;
8.2 to co-operate with requirements of the appointed mediator, who shall be based in London;
8.3 all negotiations in relation to the matters in dispute shall be strictly confidential.
9. Any notice to be served on any of the parties shall be sent by pre-paid recorded delivery or registered post to the address above (or such other address that may be advised from time to time) and shall be deemed to have been received within 72 hours of posting.
10. This agreement shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the non exclusive jurisdiction of the English Courts.
11. The rights and remedies of the Donor in the event of a breach of this agreement shall be limited to their rights (if any) to recover damages in an action of law and in no event shall the donor be entitled by reason of any breach to enjoin or restrain the distribution or exhibition of the Film.
12. Thank you for believing in us.
You Donate 1a. You shall be entitled to receive an onscreen "funded by" (or similar) credit on the website, the size and the place of which shall be determined by us subject to the standard distributor requirements; provided that the content of your credit is not of an offensive nature. 1b. No failure by OOPS to comply with the provisions of this clause and no failure of third parties to accord the said credit shall constitute a breach of this agreement by OOPS but OOPS shall make reasonable efforts to remedy the failure of which it receives written notice from the donor as soon as reasonably practicable but without incurring any legal costs or other expenses. 2a. You shall be entitled to receive an onscreen "funded by" (or similar) credit on the website and DVD, the size and the place of which shall be determined by us subject to the standard distributor requirements; provided that the content of your credit is not of an offensive nature. 2b. No failure by OOPS to comply with the provisions of this clause and no failure of third parties to accord the said credit shall constitute a breach of this agreement by OOPS but OOPS shall make reasonable efforts to remedy the failure of which it receives written notice from the donor as soon as reasonably practicable but without incurring any legal costs or other expenses. 3a. You shall be entitled to receive an onscreen "funded by" (or similar) credit, as well as, as far as possible and at our sole discretion, a similar credit on the website, DVD and other associated media, the size and the place of which shall be determined by us subject to the standard distributor requirements (for example, it is generally not possible to give credits on the television version of the Film due to broadcasting requirements); provided that the content of your credit is not of an offensive nature . 3b. No failure by OOPS to comply with the provisions of this clause and no failure of third parties to accord the said credit shall constitute a breach of this agreement by OOPS but OOPS shall make reasonable efforts to remedy the failure of which it receives written notice from the donor as soon as reasonably practicable but without incurring any legal costs or other expenses. 4. You shall be entitled to participate in the "Chance to Star in the Film" competition, which shall accord with the following conditions: 4.1 .The prize is an onscreen role in the Film (“Onscreen Role”) that being defined as inclusion of footage of the winning entrant in the Film provisionally entitled “Crude”. All Onscreen Roles must be entirely the entrant's original work, not defame any person or corporate body nor breach any intellectual property rights, including but not limited to any copyright. 4.2 Each person making a Donation (“Donor”) of £500 or more shall be entitled to one entry per Donation of £500 or more. 4.3 All of these entries shall be included, along with entries of those people investing £2,500 or more subject to the conditions in the agreement governing Investment in the Film (“the Investment Agreement” - available on the Website) in a draw to be held on 10 August 2007 (“the Draw”). The Draw shall be conducted by way of random blind selection of one entry (“the Winning Entry”) from a hat containing all entries to be carried out in the presence of a barrister or solicitor admitted to the UK bar. Investments or Donations made prior to 1 June 2007 shall not entitle the relevant investor or donor to an entry or entries in the Draw. Investments or Donations made on or after 9 August 2007 shall not entitle the relevant investor or donor to an entry or entries in the Draw. No employee of Spanner Films, OOPS or Passion Pictures may enter the Draw. The Winning Entry shall be announced on 10 August 2007. 4.4 If the investor or Donor to whom the Winning Entry belongs is in London or is able to travel to London by way of low-carbon transport (other than plane or car) within 7 days after the Draw OOPS will assist in the filming of their Onscreen Role, at a time that suits OOPS. If the investor or Donor to whom the Winning Entry belongs is not able to travel to London, they shall be solely responsible for providing to OOPS a PAL format DV tape according with the specifications that shall be provided to them by OOPS (“the Tape”). 4.5 If the investor or Donor to whom the Winning Entry belongs is unable to be contacted after reasonable attempts or unable to participate in the filming of their Onscreen Role or unable to provide to OOPS the Tape within 7 days after the Draw, OOPS reserves the right to cancel the Winning Entry and hold a further draw subject to the conditions above save in respect to the date of the Draw. 4.6 If your entry is the Winning Entry, then you agree to take part in and provide reasonable assistance and co-operation to OOPS in relation to competition publicity, including, amongst other things, attending and being photographed at a winner's presentation for marketing purposes. 4.7 Investors and Donors desiring to enter the Draw must supply full contact details, and comply with all rules set out herein to be eligible for the prize. No responsibility is accepted for ineligible entries or entries made fraudulently. 4.8 OOPS reserves the right to cancel this competition at any stage, if deemed necessary in its opinion, and if circumstances arise outside its control. OOPS shall make its best endeavours to include the Onscreen Role in the Film but reserves the right to refrain from doing so if OOPS considers such footage to be fundamentally incompatible with the artistic direction of the Film.
Schedule of Benefits
Benefits
Details
£20-99
Credit on Website
£100-499
Credit on website & DVD
£500 or more
Credit on website, film & DVD
£500 or more
Chance to star in the film