Terms and Conditions

BBC Fresh: Online is part of a search for new documentary film-makers (the “Campaign”) which is organised by the BBC.

The BBC Fresh Online Submission Information explains what the BBC is looking for, and when and how to participate (including but not limited to the technical specifications the BBC will require for films which it selects to show on its platforms). The terms and conditions below must be read in conjunction with the Submission Information, and together they set out your relationship with and obligations towards the BBC if you wish to participate in the Campaign. Please read them carefully.

1. By submitting the submission form to the BBC, you grant the BBC a worldwide, free licence to:

• download, copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your film (including without limitation the right to extract audio-only or picture-only content from your film), in any way whatsoever, for the purpose of: (a) the Campaign; and (b) including your film (or any such altered or edited version of your film) in a compilation programme (the “Programme”) whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content as the BBC determines in its sole discretion;

• communicate your film to the public (which includes broadcasting and internet use) via BBC public services (i.e. those services provided by the BBC for general reception in the UK which are public services and not commercial services as the same are referred to in the BBC’s Royal Charter howsoever such services are delivered) which shall include for the avoidance of doubt, BBC public services which are made available through third-party platforms including without limitation YouTube;

• advertise, promote, publicise, broadcast, exhibit, distribute, communicate to the public and exploit the Programme (and any clips from the Programme) incorporating your film, or any altered or edited version of your film, in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Programme); and

• use the name and likeness of any individuals represented in the film.

2. The licence granted by you to the BBC in clause 1 above shall be: exclusive in relation to television; non-exclusive in respect of all other media now known or hereafter devised.

3. The licence period shall commence on the date the film is first made available by the BBC via BBC public services and shall continue until the fifth anniversary of such date.

4. If you enter into any subsequent agreement with a third party in relation to your film, such as a distribution agreement, that agreement must made subject to the rights you have granted the BBC under this Agreement.

5. You permit the BBC to make and retain both during and after the licence period such copies of your film as may be required or recommended by any regulatory authority for the BBC's own archival purposes.

6. There is no limit on the number of films you may seek to participate in the Campaign with, but you must submit a separate submission form for each of them. Each film you submit must have commenced production after 1 January 2013.

7. Please note that for the BBC to consider making your film available on a BBC platform, your film must comply with:

• the BBC’s editorial guidelines (including without limitation guidelines on privacy, consent, defamation, harm and offence and undue product prominence); and

• the BBC’s credit guidelines (including without limitation guidelines on positioning of credits, third party commitments and significant creative contributions

8. The BBC reserves the right: (a) to ask you to edit the film and re-submit it for consideration; and/or (b) to edit the film itself, in either case to ensure compliance with the guidelines described above and/or to ensure that the BBC is able to exercise the rights granted to it by you pursuant to clause 1 above.

9. By participating in the Campaign, you waive in favour of the BBC and those authorised by it any so-called “moral rights” you may have in relation to your film.

10. You must be at least 16 years old and a resident of the United Kingdom, Channel Islands or Isle of Man to participate in the Campaign. If you are between 16 and 18 years of age the consent of your parent/guardian is required in order for you to participate in the Campaign, and the BBC reserves the right to obtain further written acknowledgement from your parent/guardian regarding acceptance of these terms and conditions. If you have previously directed a documentary for network television you are ineligible to participate in the Campaign. A director is here defined as the person responsible for the artistic and technical aspects of making a film or television programme.

11. The BBC reserves the right to seek and issue publicity on your behalf.

12. The BBC shall not be obliged to make use of any film submitted and shall not be liable for any loss of publicity or enhancement of reputation.

13. The decisions of the Fresh Online team are final, including any application and/or interpretation of these terms and conditions. Neither correspondence nor discussion concerning any decision made by the BBC shall be entered into. You acknowledge that there may be criticism/debate of your film published by the BBC and/or viewers of your film.

14. Participation is at your own expense and the BBC shall not be liable to reimburse any expenses incurred in submitting your film.

15. You warrant, represent and undertake to the BBC that:

• you have the power and authority to submit the film as part of the Campaign and to grant the rights set out in clause 1 above and you are not precluded for any reason from fulfilling your obligations hereunder;

• all information provided by you to the BBC is true and correct;

• you have not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to your film which would prevent you from granting the licence set out in clause 1 above;

• the film: (a) contains no material that is obscene, defamatory or unlawful; (b) does not infringe the copyright or any other personal or proprietary right of any person firm or company; and (c) has not previously been transmitted on network television;

• you have obtained all necessary assignments, licences, consents, grants of rights and waivers of moral rights from contributors, location providers and/or underlying rights holders to allow you to submit the film to the BBC and for the BBC to use the film as part of the Campaign and exercise the rights granted at clause 1 above and, in respect of contributors to the film, you have obtained their consent on terms not materially different to those contained in the attached forms for contributors 18 and over and for contributors under 18; and

• no fees, residuals and/or royalties shall be payable by the BBC to any third party in relation to the film (including but not limited to any underlying rights-holder in or contributor to the film) for the full period of copyright and any extensions renewals or revivals thereof.

16. You agree to indemnify the BBC against all legal fees, damages, fines and other expenses that may be incurred by the BBC as a result of your breach of or non-compliance with the above warranties.

17. You agree that by providing the names of third parties such as cast, crew and others involved in the film that those third parties have consented to you providing their personal data to the BBC and you warrant that they are aware that the BBC may use the personal data to identify them in association with the film and the Campaign.

18. The information you provide will be collected and compiled by the BBC for purposes of the Campaign and Fresh Online. Your details will not be passed to anyone else and we will only contact you with regard to your participation in the Campaign and the use of your film by the BBC.

19. The BBC reserves the right to remove your film from any BBC platform or any means of access to your film at any BBC platform at its discretion at any time.

20. The BBC accepts no responsibility for lost, late, undelivered or damaged/corrupt submissions, notifications or communications. Proof of submission is not proof of receipt.

21. The BBC reserves the right at its sole discretion to cancel, terminate, modify or suspend the Campaign or amend these terms and conditions where reasonably necessary. The BBC will notify you of any such cancellation, termination, modification, suspension or amendment via the Fresh website.