Wellsboro Film Festival (1)

Festival start: 21 February 2025      Festival end: 23 February 2025

Welcome to Wellsboro Film Festival, where independent cinema meets small-town charm. Founded by collaborating filmmakers who first worked together at their boring corporate video jobs, Thomas Smith and Thomas Verdi want to help others bring their stories to the screen. Having attended many film festivals, they've learned that some festivals care about their filmmakers' experience, and others see them as numbers or dollar signs. That's why they're going the extra mile to make Wellsboro Film Festival not just about the films, but about the entire filmmaker experience. At Wellsboro Film Festival, every accepted filmmaker will enjoy two nights' lodging at the historic Penn Wells Hotel. All accepted films will screen at the Arcadia Theatre, located right next to the hotel. Wellsboro, PA, with its quaint Main Street, embodies the essence of small-town USA—literally—as it's served as the setting for the Hallmark movie Christmas Comes Twice and comes with its very own Grand Canyon. Join us in February 2025 for a celebration of indie cinema, community, and camaraderie in this picture-perfect mountainside town.

Terms and Conditions
2024 Wellsboro Film Festival

Brought to you by the founder of THE FILM FUND

This document outlines the terms and conditions (the “Terms and Conditions” or the “Agreement”) governing submission of individual projects (“Project”) to the Wellsboro Film Festival (the “Company”) for consideration for the Wellsboro Film Festival (“Festival”), and event that will take place from February 21, 2025, to February 23, 2025, at the Arcadia Theatre and Penn Wells Hotel, Wellsboro, PA. Please read these Terms and Conditions carefully before participating.

By agreeing to the Terms and Conditions located at https://www.wellsborofilmfestival.com/, the entity/person submitting the Project (the “Applicant”) acknowledges that they have obtained consent from any other persons or entities who have any ownership rights, licenses or interests (including, without limitation, intellectual property rights or distribution licenses) and/or other authorized representatives of the Project (the “Project Owners”) whose consent is required to submit the Project to the Company, and has read and understood the submission rules and regulations set forth below:

A. General Rules and Regulations for Submission of a Short Film to the Festival:

Any person interested in submitting a short film for consideration/participation in the festival must follow the following rules:

1. Applicants must provide their original feature short film and all rights must be wholly owned by the Applicant, subject to item 4 herein.

2. The final running time for the short film should be less than 20 minutes.

3. Short Films do not need to retain any sort of premiere status. Short Films do not forfeit their eligibility for submission to the Festival if they were previously released theatrically or via any home video platform, made available for digital download, broadcast or streamed on television or the internet, or screened at any number of festivals anywhere in the world.

4. If the Applicant does not exclusively own all of the copyrighted content or materials included within the submitted Project, it is the sole responsibility of the Applicant to secure and obtain all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this agreement, perform and comply with all of its obligations. The Company expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third-party claims for copyright infringement. The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any copyrighted content or material, Applicant shall fully indemnify and defend the Company, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

5. It is the sole responsibility of the Applicant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Project. The Company expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any Third Party claims for trademark infringement, trademark dilution or unfair competition. The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any trademarked content or material, Applicant shall fully indemnify and defend the Company, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

6. It is the sole responsibility of the Applicant to clear all content of the Project from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”). The Company expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Project that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others.
The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, Applicant shall fully indemnify and defend the Company, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any and all fees and expenses, including but not limited to attorneys’ fees, that each of any of them may incur in connection therewith.

7. Applicants submitting Projects that contain significant non-English spoken dialogue must provide on-screen English subtitles. The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that contains significant non-English spoken dialogue that does not include accompanying on- screen English subtitles.

Applicants may submit Projects that contain some non-English spoken dialogue without on-screen subtitles as an artistic choice.

8. It is the sole responsibility of the Applicant to ensure that any Project submitted to the Company for Festival consideration is viewable in its entirety. The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Project that is not viewable due to any technical issue, whether the fault of the Applicant or any third-party system.

9. All submissions will be done through Festhome. The Applicant herein acknowledges full understanding of Festhome’s Terms of Service and Privacy Policy. The Applicant hereby releases the Company from any liability associated with the submission of Projects and processing payment through Festhome. Further, it is the sole responsibility of the Applicant to ensure that their project’s submission is properly done through Festhome on the final day of the current deadline window. The Applicant hereby acknowledges that the submission of the Project is subject to the Terms of Service of Festhome and its online platform. The Company reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any and all submissions that are not complete at that time and/or if submission is not via Festhome.

10. If Applicants re-submit a film, the Company will only consider previously submitted Projects if the new version exhibits significant changes or modifications from the previously submitted version. The Applicant herein acknowledges that the film should be a distinct reworking of the previously submitted version.

11. In the event that the Applicant remits an updated version of the Project to the Company after having submitted a previous version of the Project to the Company, the Company is under no obligation to view any or all of the updated version of the Project.

12. The Applicant herein acknowledges and understands the Festhome’s Terms of Service, specifically its payment policy sections. In case of any payment issues or discrepancies, Festhome’s Terms of Service shall govern. The Company disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant and inform the Applicant of any payment delinquency or other deficiency of submission of the Project done through Festhome.

13. Upon completion of the Festival selection process, the Company will attempt to contact the Applicant using the contact information provided on the submission form done through Festhome to notify the Applicant of the Project’s acceptance status.

The Company disavows any responsibility for, and will not be held responsible for, any failure to contact the Applicant using the contact information provided on the submission form done through Festhome. It is the sole responsibility of the Applicant to ensure that the contact information provided on the submission form done through Festhome is correct throughout the entirety of the Festival selection period.

14. The Company is under no obligation to provide to the Applicant or any other representative of the Project any comments or feedback regarding the submitted Project, any information relating to the manner in which the Project is, will be, or was reviewed; any views that the Company or any reviewers of the Project may hold concerning the Project; any reasons why the Project, should it not be accepted for exhibition at the Festival, was not accepted; or any other information relating to the Festival’s review, consideration and/or selection process regarding the Project specifically or submissions generally beyond the information set forth in these Rules and Regulations. The Company disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback regarding any submitted Project that are or may be obtained by the Applicant or any other representative of the Project; any communications by any representative of the Company or the Festival relating to the Project or the Festival selection process; the manner in which the Project shall be, is or was considered and reviewed; the identity or identities of any specific reviewers of the Project; and/or any failure on the part of the Company or the Festival to provide the Applicant or any other representative(s) of the Project with information concerning the Company’s consideration and/or review of the Project.

15. All Projects accepted into the Festival are subject to the Festival’s internal guidelines. The selection and scheduling of Project exhibition is at the sole discretion of the Company. Should Applicant decline to present the Project or Projects in any manner deemed necessary by the Company during the Festival, Company reserves the right to rescind any or all acceptance invitations previously given to the Applicant, either verbally or in-writing, without refund of any or all submission fees previously collected from the Applicant through Festhome.

16. Winner will be announced at the Festival.

Applicants are responsible for ensuring that all submitted materials comply with the specified guidelines. Failure to meet these submission requirements may result in exclusion from consideration in the Festival, at the Company’s sole discretion.

B. Payment

All payments for Project submissions must be made through the Festhome. Any payment methods will be accepted through the Festhome’s platform and as per Festhome’s Terms of Service.

Submission fees are non-refundable and must be paid in full at the time of project submission. The Company reserves the right to change submission fees at any time, with notice provided on the official festival website and/or through Festhome’s platform.

Once payment for Project submission is made, it is non-refundable under any circumstances. This includes, but is not limited to, project disqualification, withdrawal of submission, or cancellation of the Festival event. Additionally, the Festhome’s Terms of Service govern all aspects related to payment.

Upon successful payment, the Applicant will receive payment confirmation as per Festhome’s Terms of Service. It is the Applicant’s responsibility to ensure that payment is successfully processed and confirmed.

C. Prohibited content.

Any Projects containing the following contents will be disqualified immediately:

A. Promote or glorify violence, crime, or obscenity.

B. Promote discrimination, inequity or practices that bring harm to underrepresented populations, directly or indirectly.

C. Be offensive or disturbing or likely to cause outrage, general disapproval, or negative opinion within the community.

D. Constitute, facilitate or promote illegal products, services or activities.

E. Contain material that is fraudulent, defamatory, or harassing to any individual or group.

F. Portray minors (or persons who appear to be underage) in a manner that is sexually suggestive or otherwise age inappropriate.

G. Display content that is false, misleading, fraudulent, or deceptive.

H. Serves or supports an individual or organizations that have demonstrated repeated or sustained behavior counter to our content policies.

I. Doesn’t violate any federal, state and local laws and regulations.

J. Stereotype, inaccurately portray, or attack an individual or group on the basis of age, national origin, race, ethnicity, color, religious affiliation, sex, sexual orientation, gender identity, medical condition, family status, or disability.

D. Representations, Warranties, and Rights

By participating in the Project, Applicants represent and warrant as follows:

Applicants fully own or have properly licensed whatever materials or information they submit in connection with the Project, including but not limited to short films and related documents. Applicants can make such submissions without violating any applicable law, agreement with any third party, and/or third-party right of any kind. This includes, without limitation, any intellectual property, data protection, privacy, or publicity right.

Any and all materials or information provided by Applicants in connection with the Project shall be true and correct in all respects.

Furthermore, Applicants grant the Company the following rights and licenses:

The Company shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all materials or information provided by Applicants in any manner it elects to promote the Project, its business, brand, products, and/or services, throughout the world, in perpetuity, and in any and all media, now or hereafter known.

E. Use of Collected Materials and Information

The Company will be collecting, storing, and exploiting personal data about Applicants to administer the Project and to conduct the Festival and exercise its rights hereunder, including, without limitation, those relating to marketing and publicity. By accepting these terms and conditions, Applicants agree to the Company’s collection and use of their personal information. The Company will not disclose any Applicant’s personal information to any non-affiliated third party. Any personal data relating to the selected Project or any New Project or any other Applicant will be used solely in accordance with applicable data protection legislation and will not be disclosed to a third party without the Applicant’s prior consent.

F. Contact Information

For any inquiries or concerns regarding this Agreement, please contact:

Wellsboro Film Festival
Attn: Thomas Verdi
staff@wellsborofilmfestival.com
3302 St. Davids Road
Newtown Square, PA 19073

G. Acceptance of Terms

By participating in the Festival and submitting the Project, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this Agreement. Your participation in the Festival will be subject to these terms.

H. Amendment and Termination

The Company reserves the right to amend, modify or terminate these terms and conditions at its discretion. Applicants will be duly notified of any changes or terminations.

I. Equitable Relief

Applicant recognizes and acknowledges that a breach of his or her obligations pursuant to this Agreement may cause irreparable and material loss and damage to the Company and/or its affiliates, the amount of which cannot be determined readily and as to which the Company and/or its affiliates will not have an adequate remedy at law or in damages. Accordingly, in addition to any remedy the Company and/or its affiliates may have in damages by an action at law, the Company and/or its affiliates shall be entitled to the issuance of an injunction restraining any such breach or threatened breach or any other remedy at law or in equity for any such breach.

J. Publicity

Subject to applicable law, entrance in the Festival constitutes the Applicant’s consent to the Company and the company’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Applicant with any payment or other form of consideration. Applicant agrees to execute any document reasonably required by the Company to effectuate the terms hereof and failure to do so shall give rise to Company’s right to execute any and all such documents as Applicant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.

K. Limitation of Liability

In no event will the Company, and/or Company’s parent, subsidiary, licensees, employees, agents, officers, directors, assigns, affiliates, or related companies (collectively with Company, the “Company Parties”), be responsible or liable for any indirect, incidental, consequential, or punitive damages (including without limitation lost profits) arising out of any Applicant’s participation in the Festival, this Agreement, and/or any Applicant’s receipt of a prize, no matter under what theory arising, even if any Company Party has been advised of the possibility of such damages. Company Parties’ entire liability with respect to: any Applicant’s participation in the Festival, this Agreement, and/or any Applicant’s receipt of a prize shall be limited to $5,000. Some jurisdictions may not allow the aforementioned limitations or exclusions of liability and as such, the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
L. Dispute Resolution

The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Philadelphia, Pennsylvania; (2) that the laws of the Commonwealth of Pennsylvania shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.