Pampers Brief Srilanka 2013

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    Thank YouFor downloading the

    Pampers: India & Sri Lanka 2013 Brief & Filmmaker Pack

    Along with the brief, you will find the following forms:

    Filmmaker Agreement Form Talent Release Form Music Release Form

    Please make sure that you complete these forms and submit them, viawww.MOFILM.com/CCA, as soon as you have uploaded your entry.

    Please note you need to upload your film first so that you can get theMOVIE ID number to include in the filmmaker agreement.

    We hope that you enjoy making your entry. If you have any questions,would like any advice or feedback on your concept, then please just ask!You can also get feedback on your entry before the contest closes soyou can make changes. All you need to is upload it before the deadlineand then ask. You can get our attention by emailing us [email protected], on twitter, @MOFILMUGC or on Facebook,www.Facebook.com/MOFILM.

    Well respond in enough time so you can make edits.

    http://www.mofilm.com/CCAhttp://www.mofilm.com/CCAmailto:[email protected]:[email protected]://www.facebook.com/MOFILMhttp://www.facebook.com/MOFILMhttp://www.facebook.com/MOFILMmailto:[email protected]://www.mofilm.com/CCA
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    Background

    Baby care today is essentially a mothers job in India where the mother, whetherworking or not, has to take care of the baby. Fathers are traditionally distant from

    baby care until the kid grows up when the father can teach him to study / play etc.This is driven by two beliefs which are prevalent among both moms and dads.

    1. Dads have never felt the need to help and they never thought their wifeneeded help taking care of the baby.

    2. Even if asked, they dont think they are equipped to help substantially asthey have no knowledge of Babycare.

    Challenge:

    To change the mindset in the family to make the dad more involved in the life of theirnew baby and that his active role in the life of the baby starts now.

    To enable them, we need to make them realize that all they need to do is smallthings. Something as small as changing a diaper

    Insight

    In India, most of the middle class uses a cloth diaper which is nothing but a triangularpiece of cloth tied around a baby to act as a diaper.

    A wet cloth diaper is the 2nd biggest reason for babies waking up at night afterhunger. A good disposable diaper gives the baby overnight dryness which giveshim uninterrupted overnight sleep. It is a proven fact that better sleep leads tobetter development of the baby.

    Let the starting point to get dads more involved be to put their babies in a diaperat night before they goes to sleep as a night-time ritual between the dad and thechild. A ritual that has two positivesbetter emotional bonding between the dadand the baby, and better overnight dryness and sleep for the baby!

    What we want?

    Make a film talking to fathers that brings to life how they can make a hugedifference to their lives and the lives of their babies for so little.

    With Pampers, by taking 5 mins out of his evening to do one small thing, hisactions can reap significant benefit - not only the emotional bond between fatherand child but also the functional benefit for the baby who can now sleepuninterrupted through the night.

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    Really think about how you can talk to dads in an engaging and creative way tomake them realise that it is not only necessary but also so easy to have a role intheir babieslives and a very effective role at that.

    TONE: Genuine, Joyful, Insightful, Friendly and Understanding.

    FORMAT LENGTH: 30 to 60 seconds

    INTENDED USE: TV / Online

    CREATIVE CONSIDERATIONS/MANDATORIES:

    :: Depiction of a family having a Baby within the age of 0 to 1.5 years.Strong hint of the father putting on the diaper on the baby before puttinghim to sleep.

    :: Indian talent.

    :: Middle-class Indian household: People with access to only simple andbasic life necessities.

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    MOFILM FILMMAKER AGREEMENT

    THISFILMMAKER AGREEMENT is made on 2013

    BETWEEN:

    (1) MOFILM LTD, having its registered office located at 40 Clifton Street, London, EC2A 4DX, UK(MOFILM); and

    (2) YOU (Filmmaker or "You").

    Filmmakers Name________________________________________________________________Filmmakers Address

    ________________________________________________________________Date of Birth

    ________________________________________________________________Film School Attended (if any)

    ________________________________________________________________Business/Cell Phone

    ________________________________________________________________Home Tel Number

    ________________________________________________________________Email Address

    ________________________________________________________________Company Brand

    ________________________________________________________________Film (Working Title)

    ________________________________________________________________MOFILM Movie ID

    ________________________________________________________________

    Competition________________________________________________________________

    WHEREAS:

    A. Filmmaker is the creator and owner of certain Content as more particularly defined below.

    B. MOFILM operates certain mobile content digital transmission services and makes provisionfor the delivery of certain Content via mobile telephones, portable devices and/or PCs, cinemaand television.

    C. MOFILM wishes to obtain from Filmmaker, and Filmmaker wishes to provide to MOFILM,certain Content on the terms and conditions set out below.

    WHEREBY IT IS HEREBY AGREED:

    1. DEFINITIONS

    "Acts" means the Copyright, Designs and Patents Act 1988 (as amended) and the US Copyright Actof 1976 (as amended);

    "Brand Participant" (or "Brand")means a brand partner providing a relevant Brief and associatedwith MOFILM for purposes related hereto;

    Briefmeans the description of aesthetic and technical requirements for entries in each Competition;

    "Clearance Paperwork" means this Filmmaker Agreement, together with the attached TalentRelease Forms (one for each applicable person) and where applicable the Music Clearance

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    Agreement;

    "Competition" means the competition listed above run by MOFILM to which Filmmaker may enterFilms and/or Content pursuant to this Agreement and the terms and conditions of the Competitionavailable via the Site from time to time (and the culminating event of each Competition shall be an

    Event);

    "Content"means the Film and other content, including without limitation graphics, sound recordingsand biographical materials delivered by Filmmaker to MOFILM hereunder;

    "Contest Period" means the period between the commencement and the closing date of theCompetition, as set out in the Brief or on the relevant page of the Site from time to time;

    "Film"means an original audio-visual recording created and owned by Filmmaker and submitted ordelivered to MOFILM for distribution to Brand Participant and end users;

    "Intellectual Property Rights" means all intellectual property rights, howsoever arising and inwhatever media, whether registered or capable of registration, including without limitation, copyright,

    trade marks, trade names, database rights, patents, image rights, Moral Rights and rights of privacy;

    "Moral Rights" means the right of integrity, the right of paternity and all other rights customarilyreferred to as moral rightsthroughout the world;

    "Selected Content" means each item of Content (i.e. each Film) selected by MOFILM and/or BrandParticipant as a finalist or otherwise as an item to be assigned to MOFILM hereunder in accordancewith Clause 5.1;

    "Service"means the commercial services provided by MOFILM hereunder; and,

    "Site"means the MOFILM website at www.mofilm.com and/or other URLs notified to Filmmaker fromtime to time.

    2. GRANT OF RIGHTS

    2.1 Filmmaker hereby grants to MOFILM the worldwide rights to use, reproduce, store, format, adapt,distribute, display, publicly perform, license, exhibit, broadcast and/or make available and transmit toend users the Content in all media for all purposes, including but not limited to cinema and televisiondistribution, as part of the Service and otherwise in relation to Brand Participants. Further, Filmmakerhereby grants to MOFILM the right to use, sub-license, reproduce and display the name and likenessof Filmmaker, and any trade marks or trade names related to or contained within the Content for thepurposes of marketing and promoting the Content and/or the Service. Filmmaker acknowledges thatMOFILMs only liability to Filmmaker shall be to use reasonable endeavours to provide the Fee (setout under Clause 4 below). Unless Filmmaker has requested otherwise, Filmmakers name and otherprofile information may be published alongside such material.

    2.2 Notwithstanding and without limiting the above, by submitting Content to MOFILM, Filmmakerconsents and agrees to assign and transfer to MOFILM (or, at MOFILM's direction, to the relevantBrand Participant), in accordance with Clause 5.1 below, all right, title and interest in and to suchContent.

    2.3Filmmaker hereby agrees, at the request of MOFILM, to execute all such further documents anddo all such further acts as MOFILM may require in order to vest in MOFILM and the relevant BrandParticipant the rights hereby intended to be licensed and/or assigned.

    2.4 To the maximum extent permitted by law, Filmmaker explicitly releases, discharges and holdsharmless the Brand Participant, its affiliates, subsidiaries, successors and assigns, and theirrespective directors, officers, employees, shareholders, attorneys, representatives and agents, from

    any and all liability, actions, causes of action, damages (whether actual, incidental or consequential),claims and demands whatsoever in law or equity, including all costs, which s/he now has or may

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    assert, including but not limited to, those with respect to or in any way arising from Filmmakersparticipation in the Competition or the awarding, acceptance, possession or use (or misuse) of theCompetition prize, including, but not limited to, liability for personal injury, death or illness arising outof the aforesaid prize. Filmmaker understands that the parties to be released hereby are notresponsible for any part of the prize except to make payment for the prize.

    2.5 Filmmaker acknowledges that Filmmaker has a limited license to utilize the brands, logos,trademarks, product images or other assets of the Brand Participants solely for purposes of creatingContent for the Competition. In the event that the Content submitted by Filmmaker is not selected asa winning entry, Filmmaker agrees that it will make no further use of the Brand ParticipantsIntellectual Property Rights, including, without limitation, Brand Participant's logo, trademarks, productimages and/or any other assets provided by Company or MOFILM to Filmmaker in connection withthe Competition.

    2.6 ACTORS AND INDIVIDUALS APPEARING IN CONTENT: Filmmaker warrants that Filmmakerhas obtained and agrees to provide to MOFILM acompleted and signed talent release form in theform attached hereto (Talent Release Form)which provides consent (and a waiver of moral rights)for use of the name(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in

    the Content. You must provide evidence that all talent grants in writing all usage rights on a fully-paid-up basis that allows unrestricted worldwide usage in all media for all lawful purposes, in perpetuity.

    3. FORMAT, DELIVERY AND ASSESSMENT OF CONTENT

    3.1 Filmmaker shall deliver the Content to MOFILM in such format(s) in accordance with Clause 7below, and the Official Rules of Entry for the Competition and/or the upload pages of the Site fromtime to time.

    3.2Filmmaker acknowledges that MOFILM shall assess all Content, such procedure being made upof technical, legal and aesthetic evaluation. MOFILM shall be entitled in its absolute discretion toaccept or reject Content and/or remove any objectionable or infringing material, without being obligedto give reasons, and Filmmaker shall have no right to contest any such assessment made by

    MOFILMs adjudicators. Filmmaker agrees that MOFILM shall be entitled in its absolute discretion tosuggest corrections or technical alterations to submitted Content and acknowledges that, where suchsuggestions are substantial, Filmmaker may be asked to consent to such corrections made byMOFILM or to revise and re-submit the Content.

    3.3 Filmmaker agrees and undertakes to use only the music supplied by MOFILM to Filmmakerspecifically for the purposes of the relevant Competition in each case. If Filmmaker wishes use anyoriginal music (other than that supplied to Filmmaker by MOFILM), Filmmaker shall contact MOFILMto make an Original Music Request in writing, For the avoidance of doubt, Filmmaker shall deliverFilms to MOFILM using only Library Music supplied by MOFILM, unless agreed otherwise in writing ineach case.

    4. FEE

    4.1 In consideration of the rights granted by licence or transferred by assignment by Filmmaker herein(each of which shall be sub-licensed and/or fully assigned to Brand Participant and itslicensees/assignees), MOFILM shall offer Filmmaker the chance to enter the Competition(s), in whichthe finalists (and certain others) will be paid five-hundred US dollars ($500) or prize equivalent of atleast US dollars ($500) plus any further amount (if any) as determined by the relevant BrandParticipant (Fee) for each item of Selected Content.

    4.2Filmmaker acknowledges and agrees that the opportunity to compete for the Fee and the self-promotional opportunities made available to Filmmaker hereunder by way of publicity and exposurethrough the Site(s), constitutes sufficient consideration for Filmmakers services and the products ofsuch services provided to MOFILM (including without limitation the Content) in relation to this

    Agreement.

    4.3Any payments to Filmmaker hereunder will be made in US dollars and, if and where applicable,

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    converted into other currencies at the current exchange rate when received or transferred byMOFILM, net of any bank charges. Payments may be made by bank cheque or electronic transfer.

    4.4 Where Selected Content is used by the Brand for use within commercial cinema exhibition orbroadcast on television then Filmmaker shall receive the following additional payment for each item of

    Selected Content so used ( and no other additional compensation will be paid for use on the Internetor mobile devices):

    Territory Broadcast on terrestrialtelevision

    (US$)

    Used in commercial cinema(US$)

    USA $5,000 $2,500Canada, Western Europe &

    Australia$2,500 $1,250

    Rest of World $1,250 $625

    For the avoidance of doubt where Selected Content is used first in one region or for one use and thenanother, the maximum aggregate payment to the Filmmaker will be the higher of that region or use.

    (For example if a piece of Selected Content is broadcast on television first in Rest of World, then inCanada, the total aggregate payment to the Filmmaker would be $2,500, not $1,250 plus a further$2,500)

    5. INTELLECTUAL PROPERTY AND ASSIGNMENT OF RIGHTS

    5.1 Filmmaker agrees and acknowledges that, following payment of the Fee, Filmmaker (by way ofpresent and future assignment) assigns with full title guarantee to MOFILM all right, title and interestin the Selected Content (and, accordingly, all Intellectual Property Rights in the Selected Content shallbe owned and controlled by MOFILM). For the avoidance of doubt, MOFILMs rights under suchassignment shall include (without limitation) the exclusive, world-wide rights to use, reproduce,distribute, display, publicly perform, exhibit, broadcast, transmit, license and/or make available theSelected Content In any and all media (including without limitation for television and/or cinema

    advertising and/or internet exhibition purposes), and Filmmaker acknowledges and agrees thatMOFILM intends to sub-license or fully assign such rights to the Brand Participant.

    5.2To the fullest extent legally possible in each country of the world, Filmmaker hereby irrevocablywaives all Moral Rights in and to the Content in relation to all uses thereof by MOFILM and the BrandParticipant(s), and their licensees or assignees.

    5.3 MOFILM shall, where practicable for each format, use its best endeavours to cause copyrightnotices relating to each item of Selected Content delivered to be displayed to end users when suchSelected Content is exhibited by MOFILM. Each copyright notice shall, so far as reasonablypracticable for each format, be displayed in the following format: (c) [Year of first publication] [nameof Filmmaker].

    5.4 You acknowledge and agree that, should you be selected as a finalist, the self-promotionalopportunities made available to you by way of publicity and exposure through the Site (together withthe possible awarding of any prize and/or the Fee), constitute sufficient consideration for the full titleguarantee to your Content.

    5.5 The brands, products and service names of MOFILM and the Brand Participant are the trademarks or trade names of MOFILM, the Brand Participant or their trading partners unless otherwisestated. Your use of such trade marks is limited to use within submitted Content for the purposes ofthis Agreement and such authorisation may be withdrawn at any time. You may not use such trademarks for any purpose other than within your Content during the Term and for the purposes of this

    Agreement and you hereby undertake after the close of the Competition not to use such trade marksand to delete or destroy all such use of such trade marks in Content controlled by you. You may notdistribute products or offer services under or by reference to or otherwise use or reproduce any such

    trade marks, trade names or taglines without the prior written permission of MOFILM and the BrandParticipant.

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    5.6You acknowledge and agree that material submitted hereunder is submitted voluntarily and not inconfidence or trust, and that no confidential or fiduciary relationship is intended or created betweenFilmmaker and MOFILM and/or any Brand Participant by reason of submission or otherwise. Youfurther acknowledge and agree that use by MOFILM or the Brand Participant of material similar or

    identical to (or containing features or elements similar or identical to those contained within) anymaterial submitted by Filmmaker shall not obligate MOFILM to negotiate with Filmmaker nor entitleFilmmaker to any compensation if MOFILM determines that it has an independent legal right to usesuch material (either because such features or elements were not new or novel or were not originatedby Filmmaker or were or may hereafter be independently created by or submitted to MOFILM).

    6. WARRANTIES

    6.1 Each party warrants and covenants to the other party that it has the right and power to enter intoand fully perform all of its obligations under this Agreement; it will comply with all applicable laws inthe performance of its obligations hereunder; and, it shall bear and pay any and all governmentaltaxes, duties and customs of any kind, however designated, levied or based in any way upon its ownperformance of this Agreement or the sale, acquisition, communication or resale of any Content.

    6.2If you upload any film, recorded music, text, photographs, graphics or other materials to the Site,you hereby warrant and represent that you personally created, wrote and produced such materialsand all materials contained within such materials, or that you have obtained all necessary writtenreleases for the uses contemplated hereunder from the owner(s) of those materials for such use on afully paid up basis that allows usage in all media, worldwide, for all lawful purposes, in perpetuity. Ifyou submit any material comprising any pre-existing recorded content (i.e. "clips" from other films orprogrammes, "samples" or extracts from other records, photographs, graphics, etc), you must tell usand provide details at the time of posting and provide a written release to use.

    6.3 SPECIFIC WARRANTIES AND REPRESENTATIONS

    YOU WARRANT AND REPRESENT TO MOFILM THE FOLLOWING:

    6.3.1 ALL CONTENT IS ORIGINAL: Subject to the provisions below, all Content and materialused in the Film(s) is your own original work (or, where Filmmaker is a company, theoriginal work of your employees) and has not previously been displayed publicly, publishedor used on any website or broadcast or in any other communications in any country of theworld. For the avoidance of doubt, you warrant that you are the sole owner of all copyrightand other Intellectual Property Rights in all Content (unless otherwise notified in writing toMOFILM before the Content is uploaded).

    6.3.2 USE OF MUSIC: Any use of music composed and/or recorded and/or used in a Film hasbeen approved by MOFILM in writing in advance of use and is cleared in writing for use ona fully paid up basis that allows usage in all media, worldwide, for all lawful purposes, inperpetuity. Any use of music from a pre-existing source must be cleared in writing for use

    by Filmmaker as set forth in this Section 6.3.2 and notified in writing to MOFILM at the timeof delivery. Filmmaker agrees to produce written evidence of such rights clearance(s) atthe time of delivery and promptly on request.

    6.3.3 USE OF TALENT: The Filmmaker warrants that (further to the requirements of Clause 2.6above) written permission in the form attached hereto has been obtained for use of thename(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in theContent (and the Filmmaker shall provide copies of such written permissions to MOFILMat the time of submission of the film) and that such talent has granted in writing all usagerights on a fully-paid-up basis, that allows unrestricted worldwide usage in all media for alllawful purposes, in perpetuity. The Filmmaker warrants and represents that Filmmaker isand will be responsible for all payments due to actors and other talent used in the Content,including without limitation, guild fees, pension and health payments, reuse fees, residuals,

    and/or other executory obligations pursuant to any collective bargaining agreement withany entertainment, advertising or other industry labour union or guild, such as the Screen

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    Actors Guild (SAG). The Filmmaker further warrants that any and all such applicablepayments have been made in accordance with applicable guild unions. Filmmaker shallproduce written evidence of such payments at the time of upload of the Content and shallnotify MOFILM in writing prior to uploading Content whether Filmmaker and/or any talentfeatured in the Content are members of any union or guild and whether the Content was

    produced under union or guild jurisdiction. Failure to provide such permission in the formattached for each person seen or heard in the Content will render Content uploaded beingdisqualified from entry into the Competition.

    6.3.4 USE OF PHOTOS, GRAPHICS, TEXT OR OTHER THIRD PARTY MATERIAL: Any useof photos, graphics, text or other material created, licensed or otherwise owned orcontrolled by any third party has been cleared in writing for all relevant rights. Any use ofphotos, graphics, text or other third party material from physical or online sources(including from a book, a painting, a newspaper or a website) has been cleared in writingfor use by Filmmaker and made known to MOFILM at the time of delivery. Filmmakeragrees to produce written evidence of such rights clearances at the time of delivery.

    6.3.5 EMPLOYEES AND WORKS FOR HIRE: Where Content incorporates the work of

    employees of Filmmaker or of any other third parties (or is a so- called Work for Hire), theIntellectual Property Rights in the Content have been assigned in writing to theemployer/Filmmaker and the Moral Rights of such employees, workers and persons havebeen waived in writing to the fullest extent possible in relation to all uses of the Content.Filmmaker shall produce written evidence of assignment at the time of upload of theContent.

    6.3.6 NO OBJECTIONABLE MATERIAL: Content shall not contain imagery or audio contentwhich: (a) is sexually explicit or suggestive, violent derogatory of any ethnic, racial,gender, religious, professional or age group, profane or pornographic, or which containsany dangerous activity or promotes the excessive or irresponsible consumption ofalcohol; (b) promotes use of drugs, tobacco, firearms/weapons; (c) is obscene oroffensive or endorses any form of hate; (d) contains trademarks, logos or trade dress

    owned by others, or advertises or promotes any brand or product of any kind (other thanthose supplied by the Brand Participant), without written permission, or contains anypersonal identification, such as license plate numbers, personal names, email addressesor street addresses; (e) contains copyright materials owned by others (includingphotographs, sculptures, paintings and other works of art or images published on or inwebsites, television, movies or other media) without permission; (f) depicts, or is itself, aviolation of any law.

    6.3.7 NO INFRINGEMENT: The use by MOFILM and/or the Brand Participant of submittedContent will not infringe any Intellectual Property Right(s) of Filmmaker or any third party.

    6.3.8 NOT DEFAMATORY: The Content is not defamatory and its use by MOFILM and/orBrand Participant, end users and other third parties will not infringe any publicity or

    personality rights of any person.

    6.3.9 NO EARLIER CONTRACTS: Filmmaker is not in breach of any employment, agency orcommissioning contract with any third party by reason of entering into or exercising orgranting any rights or performing any obligations under this Agreement.

    6.3.10 EXCLUSIVITY: Filmmaker does not currently and will not in future use, exploit, submit orauthorize or cause any other person to use for any purposes (other than use by Filmmakerfor self-promotional purposes), material which is the same as or substantially similar to anyContent submitted to MOFILM by Filmmaker. For the avoidance of doubt, Filmmaker maysubsequently use Films submitted hereunder only by way of posting on Filmmakers ownwebsite(s) and Filmmakers own social network sites (e.g. Filmmakers own YouTubechannel) provided that Filmmaker obtains written permission from MOFILM or the Brand

    Participant for use of the Brand Participants trademarks in the Content.

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    6.4 In the event of any breach of the terms and conditions contained in this Agreement by MOFILM,the aggregate liability of MOFILM in connection with this Agreement shall be limited to damageswhich shall not exceed the amount actually received by Filmmaker hereunder. MOFILM shall not, inany circumstances, be liable for any indirect, incidental or consequential loss or damage. Nothing inthis Agreement shall exclude or limit the liability of MOFILM for death or personal injury resulting from

    the negligence of MOFILM or that of its agents or employees.

    6.5 Filmmaker hereby indemnifies MOFILM (together with its associated, subsidiary and affiliatedcompanies) and shall hold it harmless from and against any and all liability, loss, damages, costs,legal costs and disbursements, professional and other expenses of any nature whatsoever incurred orsuffered by it, arising by reason or in consequence of any breach by Filmmaker of any of therepresentations, warranties or obligations of Filmmaker set out in this Agreement.

    6.6Filmmaker agrees to notify MOFILM immediately but in no event later than three (3) days after itbecomes aware of any actual or threatened infringement, dilution or other impairment of any item ofContent ("Infringement"). Upon receipt of such notice, MOFILM shall decide whether to assert or fileany legal or equitable proceedings ("Action") with respect to such Infringement at its sole discretion. Ifany such Infringement has occurred, MOFILM may, in its sole discretion exercisable upon notice to

    Filmmaker, either pursue the Action or authorise Filmmaker to prosecute the Action in Filmmakersown name. In the event MOFILM elects to pursue such Action, Filmmaker shall reasonably cooperatewith MOFILM in the Action. If MOFILM authorises Filmmaker to pursue the Action, Filmmaker shalladvise MOFILM of all developments in connection with the Action of which Filmmaker becomesaware and MOFILM shall have the right to participate in such Action.

    7. ENTRY TO COMPETITION

    7.1ALL ENTRIES MUST COMPLY WITH THE COMPETITION RULES AND MUST BE RECEIVEDDURING THE CONTEST PERIOD. Please note that the specific dates and times of the ContestPeriod are subject to change on short notice. Filmmaker must be over the age of 18 at the date ofentry of the Competition (or over the age of 16 with permission of parent or legal guardian on theirbehalf). Any travel companion must be of legal age of majority in Filmmakers jurisdiction of

    residence.

    7.2On request, Filmmaker agrees to provide the original audio and video files used during productionof the Content for broadcast or other purposes (which may include uncompressed QuickTime files,final audio mix and/or separate audio tracks for dialogue, music, and effects).

    7.3Submissions must be primarily in English (or subtitled in English) and MOFILM reserves the rightto edit, crop or cut Content in its sole discretion. Each Filmmaker may submit up to a total of twenty-four (24) entries provided the same (or substantially similar) item of Content is not uploaded morethan once.

    7.4Once uploaded, submitted Content cannot (and will not) be returned. The Brand Participant may,in its sole discretion, remove, delete and/or void any submitted Content it deems inappropriate or

    otherwise non-compliant. All submitted Content will be reviewed before being published or judged;however, such review does not relieve Filmmaker from responsibility for compliance with this

    Agreement.

    7.5 The individual Filmmaker uploading a particular entry will be deemed the sole entrant for thatentry. If any group has collaborated on a submitted item of Content, the entire group will be deemedto have designated such Filmmaker, as the agent for such group, to agree to these terms and toaccept the prize on behalf of the group. MOFILM and/or the relevant Brand Participant shall not beliable for any dispute between such collaborators.

    7.6 MOFILM reserves the right, at its sole discretion, to disqualify any entrant deemed to be: (a)tampering or attempting to tamper with the entry process or the operation of the Competition or anyBrand Participant or the Site; (b) violating the terms of this Agreement or the Competition or any rules

    posted at the Event; (c) violating the terms of service, conditions of use and/or general rules orguidelines of any MOFILM property or service; or (d) acting in an unsportsmanlike or disruptive

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    manner or with intent to annoy, abuse, threaten or harass any other person.

    7.7Filmmakers are prohibited from obtaining votes or affecting the voting processes in any way byany fraudulent or inappropriate means (as determined by MOFILM in its sole discretion) including,without limitation, by offering prizes or other inducements to attendees. Votes cast with intent to

    impair the integrity of the voting process shall be void.

    7.8The Competition is offered worldwide but is void where prohibited. For the avoidance of doubt,you agree and acknowledge that the Competition is not open to: 1) employees of Brand Participant,its subsidiaries and affiliates; 2) contract workers of Brand Participant, its subsidiaries and affiliates; 3)employees of Brand Participant current advertising agencies; 4) immediate family members(spouse/domestic partner, parent, sibling, child, etc.) of individuals in categories 1 through 3 above;and 5) residents of the same household (whether related or not) of individuals in categories 1 through3 above.

    8. COMPETITION FINALISTS AND WINNERS

    8.1Submitted Content shall be judged on the JudgingCriteria as follows:

    8.1.1 Originality and Creativity - 50%8.1.2 Aesthetic Production Quality - 50%

    8.2 Finalists will be selected by a judging process in which a designated panel of judges fromMOFILM and/or Brand Participant (Judges) shall evaluate each eligible submission based on theJudging Criteria. Please note that the creative directions contained within the Brief are for guidanceonly and the Judges may or may not use such creative criteria within their own discretion. The Judgesmay designate a winner and a runner-up (and may award further prizes) in their sole discretion, andany tie or draw shall be awarded or resolved accordingly. The Judges decisions shall be final andbinding, and no related correspondence will be entered into.

    8.3 The winner for each Brand Participant shall be invited to the Event, at which a further voting

    process will be carried out amongst all the brand winners and/or certain other finalists. The selectedwinners across all brand entries will be judged by attendees at the Event and further prizes may beawarded. The finalist entries and names of runners up will be posted on the Site for public viewing onor about 45 days after the Event. All finalists are subject to verification, including without limitation,verification of eligibility and compliance with this Agreement. If any attempt to notify or contact afinalist is unsuccessful or returned as undeliverable, if a finalist cannot be verified or is otherwiseunable to accept a prize, the prize will be forfeited and may be awarded to an alternate finalistprovided sufficient time remains, in the relevant Brand Participantssole discretion.

    8.4Winners will be notified by telephone, first-class post and/or email in MOFILM's sole discretion. Ifattempted notification is returned as undeliverable or if a finalist cannot be verified or is otherwiseunable to accept a prize, such prize will be forfeited and may be awarded to an alternate finalist(provided sufficient time remains, in Participating Brand's discretion).

    9. COMPETITION PRIZES

    9.1The overall winner prizes shall be as listed on the Site.

    9.2 Filmmaker shall be solely responsible for any taxes on any prizes received and agrees tocomplete and return any taxation form received (depending of country of residence) in relation to theCompetition.

    9.3MOFILM and the Brand Participant(s) reserve the right to substitute any prize (or portion thereof)with any prize of substantially equivalent or greater value.

    9.4 By accepting a prize, Filmmaker (as a finalist or winner) agrees that the Brand Participant(s)

    and/or MOFILM shall not be liable for any loss or injury resulting from participation in the Competition,acceptance or use of any prize, or any travel related thereto.

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    10. GENERAL

    10.1 If either party waives any breach of this Agreement committed by the other party, such waivershall not be deemed to be a waiver of any subsequent similar breach or of any other breach at any

    time.

    10.2Your use of the Site and your entry to the Competition creates no partnership, client, fiduciary or

    other professional or employment relationship.

    10.3 If any provision of this Agreement shall be determined by any court or other tribunal ofcompetent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shallnevertheless continue in full force and effect. Termination of this Agreement shall not release eitherparty from any of its obligations hereunder which are intended to have a continuing effect.

    10.4This Agreement shall be personal to Filmmaker, and Filmmaker shall not be entitled to assignany of its rights or obligations hereunder without the prior written consent of MOFILM.

    10.5The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of itsprovisions.

    10.6 No responsibility or liability is assumed by MOFILM or any Participating Brand for technicalproblems or technical malfunction arising in connection with any of the following occurrences whichmay affect the operation of the Competition: hardware or software errors; faulty computer, telephone,cable, satellite, network, electronic, wireless or Internet connectivity or other online communicationproblems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled,

    jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost,late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for anyreason; traffic congestion on the Internet or the Site; unauthorized human or non-human interventionof the operation of the Competition, including without limitation, unauthorized tampering, hacking,

    theft, virus, bugs, worms; or destruction of any aspect of the Competition, or loss, miscount,misdirection, inaccessibility or unavailability of an email account used in connection with theCompetition. MOFILM and Brand Participant shall not be responsible for any typographical errors inthe announcement of prizes or this Agreement, or any inaccurate or incorrect data contained on theSite.

    10.7Other than with the express written approval of MOFILM, Filmmaker agrees and undertakes notto provide content or services for, engage directly or otherwise have unsolicited contact with, anyParticipatingBrand, for a period of twelve (12) months following termination of this Agreement (or, iflater, following the closing date of the final Competition hereunder).

    10.8 Filmmaker agrees that in the event of any default of any of the terms of this Agreement byMOFILM (or any third party), Filmmaker's only remedy will be an action at law for damages actually

    suffered by Filmmaker (if any) and in no event shall Filmmaker be entitled to rescind this Agreementor to receive any injunctive or other equitable relief or to restrain the distribution, exhibition,advertising or other exploitation of any Content acquired by MOFILM hereunder or of any rightsgranted or assigned under this Agreement.

    10.9All rights and obligations hereunder shall be construed and interpreted in accordance with thelaws of England and Wales and the Courts in London shall be the sole court of competent jurisdiction.

    Signed for and on behalf of MOFILM:

    Signed by Filmmaker (You sign here):

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    _________________________________________________________________

    Date

    Please list all the full names (and role/character name) of talent (actors) used in the Content on aseparate sheet of the Talent Release Form (and, where under the age of 18, please also include theirdate of birth).

    _____________________________________________________________________________________________________

    _____________________________________________________________________________________________________

    _____________________________________________________________________________________________________

    _____________________________________________________________________________________________________

    _____________________________________________________________________________________________________

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    TALENT RELEASE FORMMOFILM and BRAND PARTICIPANT

    (One per Actor/Actress)

    Actors Name: ______________________________________________________________________

    Actors Address: ___________________________________________________________________

    Home Phone Number ______________________________________________________________________

    Business/Cell Phone: ______________________________________________________________________

    Skype Name (Optional): ______________________________________________________________________

    Filmmaker Name: _______________________________________________________________________

    Brand Participant: _______________________________________________________________________

    Film (working title): _______________________________________________________________________

    This Agreement is entered into by and between the Actor and Filmmaker. Filmmaker includesFilmmakers licensees, assignees, future owners/acquirers.

    The Actor hereby assigns to Filmmaker all rights of every kind and character throughout the world inperpetuity, in and to the Actors dramatic performance, appearance, likeness, name and/or voice (thePerformance) in connection with the Film. The Actor hereby authorises Filmmaker to: photograp h,videotape, film and record (on film, tape or any other medium) the Performance (and any audition forthe Performance); to edit the same at its discretion and/or to include with it the performances of othersand sound effects, special effects, digital effects and/or music; to incorporate the same into the Film,trailers, posters or other materials or programs related to the Film; to use and to license others to use

    the Performance in any manner or media whatsoever, including without limitation for purposes ofpublicity, advertising, marketing and sales promotion in all media (which, for the avoidance of doubt,may include television and/or cinema and internet exhibition). For the avoidance of doubt, the Actoracknowledges that Filmmaker shall own all rights, title and property in the Performance and the Film.

    The Actor understands and agrees that this Talent Release refers to his/her role as Principal Actor orExtra as indicated below;

    Principal Actor On Camera Principal Actor Off Camera ExtraFor the purposes of this Talent Release, a Principal Actor is defined as follows;

    anyone who is seen and who speaks a line or lines of dialogue, or anyone whose face appears silent, alone in a stationary camera shot and is identified with the

    product/service, or anyone whose face appears silent and is identifiable and whose foreground performance

    demonstrates or illustrates a product/service or illustrates or reacts to the on or off-cameranarration or commercial message

    For the purposes of this Talent Release, an Extra is defined as follows; Person who appears in the foreground solely as atmosphere and not otherwise covered by

    the foregoing definition of Principal Actor above shall be deemed Extra performers.

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    The Actor understands and agrees that, unless otherwise agreed in writing, in the event that they aredetermined to be a Principal Actor then they will receive a special one-off payment if the Film is usedwithin a television broadcast or in commercial cinema exhibitions in the following territories:- USA US$1000- Canada, Western Europe and Australia US$500

    - Rest of world US$250

    In the event that the Brand Participant endeavors to make the Film a guild production, Actor agrees toaccept the relevant guild minimum payments for a daily rate as payment in full for his/herPerformance and agrees to execute any other agreements as may be necessary to enforce theagreements made hereunder.

    Determination of Principal Actor is at the sole discretion of MOFILM. The Actor agrees not to assert ormaintain against Filmmaker and/or the Brand Participant any claim, action, suit or demand (includingwithout limitation those grounded upon Rights of Publicity or other civil rights) in connec tion with useof the Performance and the Actor agrees to indemnify and hold harmless MOFILM, Filmmaker andthe Brand from any such claims and/or actions.

    The Actor agrees that in the event of any default of any of the terms of this Agreement by MOFILM (orany third party), the Actor's only remedy will be an action at law for damages, actually suffered by the

    Actor (if any) and in no event shall the Actor be entitled to rescind this Agreement or to receive anyinjunctive or other equitable relief or to restrain the distribution, exhibition, advertising or otherexploitation of any Content acquired by MOFILM hereunder or of any rights granted or assignedunder this Agreement.

    This Agreement constitutes the entire agreement by and between the Actor and Filmmaker andsupersedes any and all prior contracts, understandings, negotiations and agreements with respect toFilmmaker and the subject matter hereof, whether oral or written. This Agreement shall be governedby the laws of England and Wales and the parties each agree to submit to the exclusive jurisdiction ofthe Courts in London.

    The parties acknowledge that the execution of this release was completed prior to anyPerformance being rendered by the Actor

    Actors Signature: __________________________________________

    Print Full Name (BLOCK CAPITALS): __________________________________________

    Witnessed by: _________________________________________

    Date: ___________________________

    Print Full Name (BLOCK CAPITALS): __________________________________________

    NOTE:Actor must attach to this Agreement a signed copy of Actors passport or, driving licence orsimilar government-issued identification document

    Where Actor is under 18 years of age, the parent/guardian consents and approves the execution ofthis Agreement by the Actor and represents that the Actor shall not disaffirm the Agreement by reasonof minority.

    The parties acknowledge that the execution of this release was complete prior to anyPerformance being rendered by the Actor

    Signature of Actors Parent/Guardian: ___________________________________________

    Print Full Name (BLOCK CAPITALS): __________________________________________

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    Witnessed by: __________________________________________

    Date __________________________________________

    Print Full Name (BLOCK CAPITALS): __________________________________________

    Parent/Guardians address/phone/email: __________________________________________

    NOTE:Guardian must attach to this Agreement a signed copy of the Guardian AND Actorspassport or driving licence or similar government-issued identification document

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    MUSIC LICENSE AGREEMENT

    Licensor:

    ____________________________________________________________________Licensors Address:

    ____________________________________________________________________Licensors Phone Number:

    ___________________________________________________________________________Email Address / Skype

    ____________________________________________________________________Filmmaker Name:

    _____________________________________________________________________Brand:

    _____________________________________________________________________Film (working title):

    _____________________________________________________________________

    This License Agreement is made and entered into on [ ] (date) by and between theLicensor, whose name and details are set out above (Licensoror You), and MOFILM LTD of 40Clifton Street, London EC2A 4DX, UK, including subsidiary and group companies thereof (MOFILMorLicensee).

    1. Licensor agrees to upload composition(s) and recording(s) set out in Exhibit A below (hereinafter knowncollectively as Master Recording(s)) to MOFILM web site, as included in synchronization or timedrelation with the film production submitted to MOFILM currently entitled [ ](Film). Licensor hereby grants to MOFILM a non-exclusive gratis licence, including the rights to use,reproduce, store, format, adapt, exhibit and/or make available and transmit to the client sponsoring aspecific MOFILM competition pursuant to which the Film was submitted ( Brand Participant) such

    Master Recording(s) for purposes of allowing the Brand Participant to preview, audition and otherwiseassess suitability of the Film (Initial License).

    2. In the event that the Brand Participant shall select the Film as one of the competition winners and/orobtain assignment of rights in the Film pursuant to terms and conditions of the relevant MOFILMcompetition within 6 (six) months after the end of the MOFILM competition and/or event pursuant towhich the Film was submitted, Licensor shall grant to MOFILM the non-exclusive, fully paid, irrevocable,perpetual, worldwide license to use the Master Recording(s) in any lawful manner in conjunction (i.e. insynchronization) with the Film, including without limitation the rights to use, reproduce, store, format,adapt, license, distribute, display, publicly perform, broadcast, exhibit and/or make available the MasterRecording(s) in all media whether now know or hereafter devised (Usage License). This UsageLicense shall also include the rights specifically set out in Sections 8-13 of this Agreement.

    3. Licensor hereby represents and warrants that Licensor has the full legal right, power and authority toenter this Agreement and to grant all rights granted hereunder.

    4. Licensor warrants, represents and agrees that Licensor has obtained requisite written consents,permissions and releases of rights from all relevant rights holders, including rights organisations,copyright owners, musical performers and all other persons and legal entities (where applicable) whoseperformances are embodied in the composition(s) and recording(s) or who have otherwise contributedto or hold any rights in any composition(s) and/or recording(s) hereunder in the form set out in Exhibit Abelow.

    5. Licensor warrants, represents and agrees that Licensor will pay all re-use payments, fees, royalties andother sums required to be paid for such consents and permission in connection with Licensees usage of

    the compositions and recordings pursuant to this Agreement. If Licensee so requires, Licensor willprocure such persons/entities to deliver any documents that Licensee requires, confirming that they will

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    not look for further payments in connection with use of compositions and recordings pursuant to thisAgreement.

    6. Licensor will indemnify and hold Licensee and its officers and directors harmless from any and allclaims, liabilities, losses, damages and expense including without limitation legal expenses arising from

    any breach of Licensors warranties, representations or obligations under this License Agreement or inany way resulting from or connected with Licensees usage of the compositions and recordings inaccordance with this License Agreement.

    7. The term of the Usage License is for the full period of copyright in and to the musical compositions andsound recordings and any and all renewals or extensions thereof that Licensor may now or hereafterown or control anywhere in the world.

    8. MOFILM may file, in its discretion, title registrations with any performance rights organisation(s) (forexample, without limitation, ASCAP or BMI or PRS), assigning a new and specific title for anycomposition(s) and recording(s) hereunder, provided, however, that the MOFILM shall not be obligatedto do so in any instance.

    9. Licensor grants to the MOFILM the right to collect in perpetuity the so-called publishers share ofperformance income in relation to the public performance of the composition(s) and recording(s).

    10. MOFILM shall retain two-thirds (67%) of the publisher's share (i.e. revenue receivedby MOFILM fromcopyright collection societies or any performance rights organizations for the use of the composition(s)and recording(s), less any amounts paid to or deducted by subpublishers, sublicensees, agents,collection agencies and local performing and mechanical rights societies or other relevant third parties, ifany, from exploitation of the composition(s) and the recording(s) and shall pay the remaining one-third(33%) of the publishers share to the Licensor.

    11. Licensor shall be entitled to 100% of the so-called writers share of performance income in relation tothe public performance of the composition(s) and recording(s). In the event the writer is not already

    registered with a copyright collection soc iety, MOFILM may collect the writers share monies, but shallpay 100% of such writers share royalties to the Licensor, less any subpublishers, sublicensees, agents,collection agencies and performing and mechanical rights societies and other relevant third partydeductions, if any.

    12. In the event of termination of this Agreement for any reason, Licensee shall have the right to continue toadminister and collect the gross receipts earned from use of the composition(s) and recording(s) inaccordance with the terms of this License Agreement and such rights of the Licensee shall not beaffected or terminated in any manner by any termination of this Agreement.

    13. In the event that Licensor shall enter into an exclusive publishing agreement with another company,Licensor (or Licensors exclusive publishing designee) shall be entitled to register any of thecompositions or recordings for which rights have been granted hereunder with alternative titles to thosetitles with which Licensee has registered such composition(s) and recording(s). For the avoidance ofdoubt, Licensor shall continue to be entitled to collect the publisher's share monies that arise from theoriginally titled registrations of such composition(s) and recording(s) hereunder.

    14. Licensee shall pay all sums due to the Licensor pursuant to this Agreement, including applicable fees,twice annually. Licensee will notify the Licensor of all sums due to the Licensor within thirty (30) daysprior to 30 June and 31 December of each calendar year respectively. Payment shall be made thirty (30)days following receipt by the Licensor of a valid invoice from the Licensee in respect of a previouslyrendered statement. Any losses from one accounting period shall be carried forward into subsequentaccounting periods. Licensor shall have the right, during normal business hours and subject to theprovision of reasonable notice, to inspect Licensees books of account solely to the extent that the samerelate to the exploitation of the composition(s) and recording(s) hereunder. All accountings rendered bythe Licensee shall be binding and not subject to any objection unless specific written objection isreceived by the Licensee within one (1) year from the date such accounting statement is rendered.

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    15. All rights granted by Licensor herein shall fully insure to the benefit of MOFILM, its subsidiary and groupcompanies, licensees, successors and assigns.

    16. The individual person/legal entity signing as the Licensor hereunder will be deemed the sole provider ofthe Master Recording(s). If any group has collaborated on a submitted item of content, the entire group

    will be deemed to have designated the Licensor as the agent for such group to agree to these terms andto accept all fees hereunder on behalf of the group. MOFILM and/or Brand Participant shall not be liablefor any dispute between such collaborators.

    17. If either party waives any breach of this Agreement committed by the other party, such waiver shall notbe deemed to be a waiver of any subsequent similar breach or of any other breach at any time.

    18. In the event of a dispute arising out of this Agreement, Licensors sole remedy shall be for monetarydamages and in no event shall the Licensor seek an injunction in connection with the use of thecomposition(s) or the recording(s) under this Agreement and/or in relation to any licences granted by theLicensee during the term of this Agreement.

    19. This Agreement does not and is not intended to create any partnership, fiduciary or other professional oremployment relationship between the parties.

    20. If any provision of this Agreement shall be determined by any court or other tribunal of competentjurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall neverthelesscontinue in full force and effect. Termination of this Agreement shall not release either party from any ofits obligations hereunder which are intended to have a continuing effect.

    21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of itsprovisions.

    22. All rights and obligations hereunder shall be construed and interpreted in accordance with the laws ofEngland and Wales and the Courts in London shall be the sole court of competent jurisdiction.

    23. If you wish to make your Master Recording(s) available on momusic.com online music library forpreview and consideration for the use in promotional films and other commercial projects by clients ofMOFILM in consideration of applicable usage fees and percentage of publishers share monies , pleasecontact us [email protected] discuss the appropriate arrangements.

    Licensor Signature ________________________________

    Date ________________________________

    Witnessed By ________________________________

    Witness Signature ________________________________

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
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    THE FOLLOWING FORM IS IN RELATION TO CLAUSE 4

    PLEASE ENSURE ALL RELEVANT PARTIES HAVE SIGNED

    EXHIBIT AARTIST INFORMATION SHEET

    Please have all rights holders sign below including master owner(s), publisher(s) and/orSynchronization approval rights holder. Specify each role separately please.

    By signing below, you confirm that you grant to the Licensee all usage rights on a fully-paid-up basisand waive any moral rights you may have in Compositions/Recordings to allow unrestricted

    worldwide usage of Compositions/Recordings synchronization with the Film in all media for alllawful purposes in perpetuity.

    Name Signature Role-Artist/Performer

    Date Email Phone

    Name Signature Role-Musician Date Email Phone

    Name Signature Role- BackingVocalist

    Date Email Phone

    Name Signature Role-SongWriter/Composer

    Date Email Phone

    Name Signature Role-Producer Date Email Phone

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    Name Signature Role-Publisher Date Email Phone

    Name Signature Role-SoundEngineer/Mixer

    Date Email Phone

    Performing Rights Organization

    Writer PROASCAP, PRS etc CAEIPI #

    WE DO NOT ACCEPT COVER SONGS OR SONGS CONTAINING SAMPLES!

    Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.

    Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

    Artist

    Album Title

    Track # Song Title Publisher Writer (s)1

    Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

    IN THE EVENT THAT THERE IS INSUFFICIENT SPACE ON THE SHEET ABOVE, PLEASEPROVIDE REMAINING INFORMATION ON A SEPARATE ATTACHEMENT.

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