TROPFEST TERMS & CONDITIONS
Tropfest places utmost importance on its relationship with filmmakers. To this end, in February 2016, our Founder John Polson announced that, based on feedback from Tropfest community, we would be reviewing rights Tropfest requests moving forward. Honouring this commitment, one of the first orders of business for the newly appointed Board has been to undertake a full review of these rights and our ongoing relationship with filmmakers in general.
At our heart, Tropfest exists to create platforms for filmmakers to generate new content and share their stories, and our shift to a not-for-profit organisation only furthers these ambitions. The process of rights review has involved: consultation with filmmakers and industry bodies; a review of global best practice; consideration of similar-industry norms (such as the music industry); and, most importantly, consideration of our desire to do what’s right for filmmakers.
In short, the previous requirement for filmmakers to give up exclusive rights to their films in perpetuity have been abolished. This has been replaced with a tiered approach where sufficient exclusive rights are retained to enable Tropfest to be staged and broadcast, but returned to filmmakers as soon as feasible. To enable Tropfest to continue to be seen around Australia and the world, a level of exclusivity is required for Shortlisted films, however these rights are now returned after 1 year.
This new approach to rights also acknowledges filmmakers’ interests in entering other film festivals; while we still require any Finalist film to premiere at Tropfest, you will be able to enter your film in other festivals post that premiere.
Most filmmakers recognise there is very limited financial potential for the distribution of individual short films. More commonly, though, Tropfest will enter into an agreement with a sponsor and part of that agreement will be access to the Tropfest catalogue. These sponsorship agreements are a large part of Tropfest’s sustainability.
We feel the new rights are fair and reasonable in giving filmmakers the ability to take advantage of the opportunity we offer all Tropfest entrants. And we will continue to work on creating opportunities for sharing your stories beyond the Festival period.
Please read the terms and conditions of Film Entry carefully, and if you have any questions feel free to contact the team via firstname.lastname@example.org. These Terms & Conditions apply to all films entered into Tropfest and Trop Jr.
We look forward to your submission!
1. Tropfest Acceptance Criteria
1.1 All Filmmakers must agree to these Terms and Conditions as a condition of entry of Film to Tropfest Australia 2018, referred to as Tropfest Australia 2018.
1.2 All Films submitted to Tropfest Australia 2018 must meet the Tropfest Acceptance Criteria in all respects.
1.3 Tropfest Acceptance Criteria include:
a) All Films must have been made specifically for Tropfest Australia 2018;
b) All Films must include the Tropfest Signature Item to confirm to Tropfest that the Film has been made specifically for Tropfest Australia 2018.
c) Filmmakers may include the TSI in the Film submitted in any manner and any interpretation of “ROSE” will be accepted.
d) The Film’s first public screening must be Tropfest Australia 2018.
e) The Film must be no longer than 7 minutes (including titles and credits).
f) The Film SHOULD be submitted in the following formats:
Standard Resolution 1920 wide x 1080 high pixels.
Aspect Ratio: 16:9
Audio: Stereo, sample rate 48khz (128 kbps).
Codec: Most file formats are accepted for submission, but H264-MPEG-4 or Apple Pro Res 422 files are very common.
Duration: Maximum length is 7 minutes - 00:07:00 (including titles & credits).
File Size: Initial upload size is limited to 10GB. Full broadcast quality must be available upon request.
For the avoidance of doubt Tropfest does not accept the following standards:
➢ Film or video tape
➢ 4k or 2k resolution
➢ 720 pixels for broadcast
➢ Single channel audio
➢ DNxHD codec
g) Tropfest will evaluate in its sole discretion whether the Film submitted for Tropfest Australia 2018 meets all Acceptance Criteria.
h) Tropfest will inform in writing (email) if the Film has been accepted or not accepted into Tropfest Australia 2018. Tropfest’s decision as to whether a Film has met all Acceptance Criteria is final and not subject to any appeal for reconsideration.
i) Any Film not accepted for inclusion into Tropfest Australia 2018 shall not be used by Tropfest for any purpose after the evaluation for Acceptance Criteria concludes.
2 Tropfest Australia 2018 Film entry process
Filmmakers entering Films into Tropfest Australia 2018 must:
a) Agree to abide by these Tropfest Terms and Conditions;
b) Complete the Tropfest entry form
c) Pay the Entry Fee as outlined in the entry form on tropfest.org.au
d) All Entry Fees are non-cancellable and are non-refundable.
e) Upload the Film correctly via our Upload Form (tropfest.org.au) by 6 PM Australian Eastern Daylight Time (1800 AEDT) THURSDAY 11th January 2018.
f) Tropfest accepts no responsibility for any Entry Form or Film that is submitted after the Cut Off Date or not uploaded correctly for Tropfest or is otherwise damaged.
g) Agree any use of Tropfest brands is compliant with Tropfest then current brand use guidelines. Tropfest brand use guidelines may be accessed on the Tropfest website.
h) A copy of the Tropfest brand to be included in each Film Accepted by Tropfest can be obtained on the Tropfest Website.
3 Commercialisation of Films
3.1 Tropfest will use commercially reasonable efforts to exploit any rights it has been granted to commercialize the Films.
3.2 Tropfest as a not for profit entity will use any proceeds it receives as a result of commercialisation of Films to enable Tropfest to be staged and broadcast in Australia and around the world, to help ensure Tropfest’s sustainability, and to allow us to continue to support Tropfest Films and Filmmakers.
4 Filmmakers grant Tropfest rights to Films.
4.1 All Films Accepted for entry to Tropfest Australia 2018
a) Subject to further limitation imposed on Film by achieving Tropfest Shortlist or Tropfest Finalist status, all Filmmakers agree not to distribute Films to any third party until after closing date of Tropfest Australia 2018
b) All Filmmakers agree to grant Tropfest the following rights to Films that have been Accepted into Tropfest Australia 2018;
(i) After the Festival Term, a Non-Exclusive License to use, promote commercialise and display the Film in perpetuity;
(ii) a right to edit and create derivative works such as clips from the Film;
(iii) until a Film proceeds to Shortlist or Finalist status when other licenses apply, a Non-Exclusive License to use, commercialise promote and display the Film during the Festival Term;
(iv) All Films must include "Made for Tropfest 26” as a visible credit as required in section 11 of these Terms and Conditions. Such credit must be in same format at other credits on each copy of the Film in perpetuity.
4.2 All Films selected for Tropfest Australia 2018 Shortlist
a) Tropfest may select any Accepted Film to be a part of the Tropfest Australia 2018 Shortlist
b) The number of Films selected by Tropfest for Tropfest Australia 2018 is in sole discretion of Tropfest.
c) As set out in section 17, Tropfest will inform in writing (email) if a Film has been accepted for inclusion in Tropfest Australia 2018 Shortlist.
d) Tropfest determination of whether a Film is selected for Tropfest Australia 2018 Shortlist is final and not subject to any appeal for reconsideration.
e) In addition to the rights granted in 4.1(b)(i), all Filmmakers agree to grant Tropfest the following rights to Films that have been included on Tropfest Australia 2018 Shortlist;
(i) After the Festival Term a Non-Exclusive License to use, promote commercialise and display the Film in perpetuity;
(ii) From Submission to the end of the Festival Term, an Exclusive License to use, commercialise, promote and display Film for the Festival Term (the "Shortlist Term");
(iii) All Films must include "Made for Tropfest 26" as a visible credit as required in section 11 of these Terms and Conditions. Such credit must be in same format at other credits on each copy of the Film in perpetuity.
(iv) All Films may include "Accepted for Tropfest 26 Shortlist" as a visible credit as required in section 11 of these Terms and Conditions. Such credit if used, must be in same format at other credits on each copy of the Film in perpetuity.
f) Tropfest agrees to grant the Filmmaker the rights set out below
(i) Filmmaker must include the Tropfest brand in each copy of the Film as set out in section 4.1;
(ii) As long as Film is not publically broadcast or displayed in any portion or format prior to the closing date of Tropfest Australia 2018, the Film maker may submit the Film to other film festivals.
(iii) From a period starting at six months from the closing date of Tropfest Australia 2018, Filmmaker may upload Films on personal Non-commercial websites (including but not limited to Facebook and YouTube) for Non-commercial Film and Filmmaker publicity and promotion purposes only. For the avoidance of doubt the Filmmaker is not permitted to sell or assign the rights to the Film for any commercial purpose or reward during the period starting at one year from the closing date of Tropfest Australia 2018. This includes providing access to the Film for terrestrial, satellite, and cable broadcast platforms, OTT channels, DTH channels, SVOD services, telecommunication package, travel related platforms including hotels or websites deriving any form of revenue or promotional benefit directly or indirectly through by screening the Film.
4.3 All Films selected as Tropfest Australia 2018 Finalists
a) Tropfest may select any Film to be a Tropfest Australia 2018 Finalist.
b) The number of Finalists selected by Tropfest to be included in Tropfest Australia 2018 is at the sole discretion of Tropfest.
c) As set out in section 17, Tropfest will confirm in writing (email) if Film has been accepted or not accepted as a Tropfest Australia 2018 Finalist.
d) Tropfest determination of whether a Film is selected Tropfest Australia 2018 Finalist is final and not subject to any appeal for reconsideration.
e) In addition to the rights granted in Section 4, all Filmmakers agree to grant Tropfest the following rights to the Film for all Films that are selected as Tropfest Australia 2018 Finalist;
(i) After the Festival Term, a Non-Exclusive License to use, commercialise and promote and display the Film in perpetuity;
(ii) All Films must include "Made for Tropfest 26" as a visible credit as required in section 11 of these Terms and Conditions. Such credit must be in same format at other credits on each copy of the Film in perpetuity.
(iii) All Films may include "Tropfest 26 Finalist" as a visible credit as required in section 11 of these Terms and Conditions. Such credit if used must be in same format at other credits on each copy of the Film in perpetuity.
1. Tropfest agrees to grant the Filmmaker the rights set out below
1. Filmmaker must include the Tropfest brand in each copy of the Film as set out in section 3(d);
(ii)As long as Film is not publically broadcast or displayed in any portion or format prior to the closing date of Tropfest Australia 2018, the Film maker may submit the Film to other film festivals.
(iii) From a period starting at six months from the closing date of Tropfest Australia 2018, Filmmaker may upload Films on personal Non-commercial websites (including but not limited to Facebook and YouTube) for Non-commercial Film and Filmmaker publicity and promotion purposes only For the avoidance of doubt the Filmmaker is not permitted to sell or assign the rights to the Film for any commercial purpose or reward during the period of one year from the closing date of Tropfest Australia 2018 This includes providing access to the Film for terrestrial, satellite, and cable broadcast platforms, OTT channels, DTH channels, SVOD services, telecommunication package, travel related platforms including hotels or websites deriving any form of revenue or promotional benefit directly or indirectly through by screening the Film.
4.4 Films submitted but not Accepted to Tropfest Australia 2018
a) If Tropfest determines that a Film submitted to Tropfest Australia 2018 is not accepted for entry to Tropfest Australia 2018, Tropfest shall not seek to retain any further rights to the Film after the initial review for meeting acceptance criteria.
b) Films not accepted for entry to Tropfest Australia 2018 will be required to remove all Tropfest brands/credits within the Film.
5. Tropfest Australia 2018 Film Evaluation Process -
5.1 A select number Films will be selected as Tropfest Finalists for viewing and judging at Tropfest Australia 2018.
5.2 The exact number of Films selected for Tropfest Finalists is at the sole discretion of Tropfest.
5.3 Tropfest decision as to whether a Film is selected as a Tropfest Finalist is final and not subject to any appeal for reconsideration.
5.4 Tropfest selects a jury to judge the Finalists, which is made up of industry professionals, including actors, directors, writers, producers and others (Tropfest Jury).
5.5 All members of Tropfest Jury will be published on Tropfest Website.
5.6 The members of the Tropfest Jury have agreed to watch the Finalist Films live on the Festival Night and to score them.
5.7 Tropfest will tally the votes from the Tropfest Jury and come up with an average score for each Film.
5.8 The Film with the highest average score will win Tropfest Australia 2018. In the event of a tie of highest average scores - the judges will be further instructed to evaluate which of the tied Films has used the TSI most effectively to determine a single winner.
5.9 Tropfest has specifically asked each member of the Tropfest Jury to use his or her best judgement to evaluate the Shortlist Films based on execution, strength of idea, creativity, expression of the Filmmaker’s talent.
5.10 Tropfest has informed each of the Tropfest Jury that budgetary constraints are not part of Tropfest’s judging criteria.
5.11 On Festival Night the Jury will select one of the finalist Films as the overall winner of Tropfest Australia 2018 (Winner), and the Filmmaker(s) of the winning Film will be awarded a prize/prizes to be determined by Tropfest (Winner Award).
5.12 The Jury will also choose any other Tropfest award prize winners such as the best actors (male and female) or similar that may be awarded at Tropfest Australia 2018. If a People's Choice Award is to be given at Tropfest Australia 2018, the nomination and award criteria will be separately set out on the Tropfest Website.
5.13 A complete description of the Winner Award will be included on the Tropfest Website.
5.14 In the event that the recipient of the Winner Award is under the age of eighteen years (18), such Winner Award will be made payable to the parent, custodian or legal guardian of such recipient.
5.15 Any prizes awarded by Tropfest Australia 2018 are not transferable, exchangeable or redeemable for cash.
6 Filmmaker’s Representations and Warranties
The Filmmaker hereby represents and warrants to Tropfest that:
a) the Filmmaker(s) has/have the sole and full right and authority to accept the Terms and Conditions and enter into this Agreement and grant the rights granted in the Agreement;
b) the Filmmaker owns or has validly licensed all rights required to create the Film including but not limited to all rights from actors, script all film elements including but not limited to music and to submit the Film to Tropfest Australia 2018.
c) the Film was made by the Filmmaker solely and specifically for the Festival;
d) the Filmmaker, the Film comply with the Terms and Conditions;
e) the Film has not been, and will not be, available to be viewed by the public by any means, including by way of the internet, until the Exclusive Licence granted by the Filmmaker to Tropfest terminates or otherwise allowed by these Terms and Conditions.
f) the rights (including the intellectual property rights) in the Film have not been, and will not be, assigned, licensed or otherwise granted, in whole or in part, to any person other than Tropfest, until the Exclusive Licence granted by the Filmmaker to Tropfest pursuant to these terms and conditions terminates;
g) the Filmmaker has permission to reproduce and exploit all third party materials (and/or the results and proceeds of all third party services) contained in the Film or upon which the Film is based*;
h) without limiting other portions of this section 6, the Filmmaker is the sole and exclusive owner, or has permission from the sole and exclusive owner, of the copyright in the sound recordings comprising the soundtrack of the Film and the music and lyrics reproduced in those sound recordings*;
i) all of the performers in the Film have consented in writing to the use of their performances in the Film*;
j) the Filmmaker has obtained from each contributor to the Film (Contributor), including with respect to the underlying works in the Film, a written release to use the results and proceeds of the Contributor’s services and/or contributions to the Film including, without limitation the right to edit, alter and/or reproduce the results and proceeds of the Contributor, in any manner or context, by the Filmmaker, and any person authorized by the Filmmaker to do so (including Tropfest, its assignees
and licensees), and such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth) (Moral Rights Consents)*;
k) the Filmmaker has obtained from each Contributor:
(i) authorization for Tropfest to use the Contributor’s name and likeness in connection with any publicity for the Festival and related competitions; and
(ii) an undertaking that the Contributor will perform publicity appearances for the Festival and related competitions if reasonably requested by the Filmmaker or Tropfest*;
l) the Filmmaker is entitled to grant to Tropfest permission to make use of each and every right referred to in these Terms and Conditions, and the use or exploitation of the Film as contemplated by the Terms and Conditions will not violate the rights (including copyright) of any third party;
m) the Filmmaker will pay all fees and other charges related to entry of the Film in the Festival;
n) all details submitted in the Entry Form by the Filmmaker are true and correct, and the Filmmaker indemnifies Tropfest from and against any and all claims and demands made against Tropfest, its assignees or licensees, in relation to the guarantees provided by the Filmmaker in this Section 6;
o) all residuals or other payments to Contributors in connection with the Film have been paid, together with the cost of all licenses of all copyright and any Film footage, musical works, lyrics, sound recordings or other material in which copyright subsists, owned by any third parties and which are used or adapted in the Film;
p) no part of the Film is, or will be, actionable for defamation or violate any right of privacy or publicity of any person, and the full use of the rights in the Film will not violate any rights, including copyright or moral rights, of any person, firm, or corporation; and
q) the Film is not the subject of any litigation nor is it threatened by any claim or litigation.
*Copies of a sample release form that Filmmakers may consider using for the purposes of complying with Filmmakers obligations set out in these Terms and Conditions can be obtained from the website, Tropfest.org.au in the Additional Resources section.
The Filmmaker acknowledges that Tropfest, its assignees and licensees, shall have the right to dub and/or subtitle and to cut and/or edit the Film in any fashion that Tropfest deems necessary, including, without limitation, for the purpose of television broadcast or online distribution, packaging the Film with other Tropfest Films, to comply with broadcasting statutory censorship practices, standards or regulations or as otherwise may be required by law in any applicable country where the Film may be exhibited.
8 Name and Likeness
The Filmmaker authorises Tropfest to use the Filmmaker’s name, likeness and biography in connection with any publicity for the Festival and related competitions and activities, and the Filmmaker agrees to make best efforts to undertake publicity appearances for the Festival and related competitions and activities as reasonably requested by Tropfest.
9 Moral Rights
The Filmmaker: acknowledges that Tropfest, its assignees and licensees, may do or omit to do anything which may infringe any and all moral rights granted to the Contributors or the Filmmaker including to edit, alter and/or reproduce the work of the Contributors, the Filmmaker and the Film and the Filmmaker consents to these actions by Tropfest, and its assignees and licensees, in any manner or context, in perpetuity throughout the world, and such consent is given to the full extent permitted under the Copyright Act 1968 (Cth); and authorises Tropfest and its assignees and licensees to do any and all acts comprised in the Moral Rights Consents.
Tropfest may, in its sole discretion, disqualify a Film from the Festival without prior notice to Filmmaker if Tropfest has reason to believe that a Film does not, for any reason, comply with the Acceptance Criteria or otherwise with the Terms and Conditions.
Without limiting the rights granted by the Filmmaker to Tropfest under these Terms and Conditions, the Filmmaker must ensure that Tropfest is given a screen credit in the form of the Tropfest End Frame logo roll in any future copies of the Finalist or Short-Listed Film distributed by the Filmmaker, or an assignee, licensee or successor of the Filmmaker after the Festival. For the avoidance of doubt, the Filmmaker must ensure that Tropfest is given a screen credit in any subsequent film or television or other project produced by the Filmmaker, or an assignee, licensee or successor of the Filmmaker, after the Festival, which features one or more of the lead characters of the Film or which is based on the concept or story of the Film (whether or not Tropfest is involved in its production) in the following form (or such other form as Tropfest and the Filmmaker may agree): Based on the Tropfest short film entitled “_____________________ "
Filmmaker agrees to indemnify Tropfest and hold them harmless from any damages, liabilities, losses, costs, expenses, obligations or claims (including, without limitation, reasonable outside attorneys' fees and costs) arising out of the breach of Filmmaker’s agreements, obligations, representations and warranties under this Agreement, including, without limitation, those representations and warranties made in Section 6 (Filmmakers Warranties and Representations).
13 Additional Documents
Filmmaker hereby agrees to execute additional documents Tropfest deems necessary or convenient to fully effectuate the grants made to Tropfest hereunder, which shall include without limitation, any documents necessary to register and protect the copyright and/or other intellectual property rights in, or related to, the Film.
In the event of any breach or alleged breach of this Agreement by Tropfest, Filmmaker’s sole remedy will be limited to the right, if any, to recover monetary damages in an action at law, and in no event will Filmmaker be entitled to terminate this Agreement or to seek or receive any equitable remedy including without limitation any equitable remedy which would enjoin, restrain or otherwise hinder the Festival or the distribution, exhibition, or any other means of exploitation of the Film, including, without limitation, any advertising, promotion or publicity in connection therewith.
Tropfest shall have the right to assign this Agreement, in whole or in part, to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of Tropfest' s successors, licensees and assigns. Filmmaker may not assign this Agreement and any purported assignment thereof will be null and void from the making thereof.
16.1 The agreement created by the Terms and Conditions is made in New South Wales and is governed by the Non-exclusive jurisdiction of the courts of New South Wales.
16.2 The Filmmaker will do such acts and sign, or cause to be signed, such instruments as Tropfest may reasonably request for the purposes of this agreement.
16.3 Tropfest may assign or license its interest under this agreement. The Filmmaker must not assign or license its interest under this agreement.
16.4 A reference to a person includes a body corporate. The singular includes the plural and vice versa. Includes and including are not words of limitation.
16.5 The words and expressions used in this agreement have the meanings given to them in the Copyright Act 1968 (Cth).
16.6 A reference to a Film is a reference to a cinematograph Film.
16.7 In the case of any inconsistency between the terms and conditions set out above and any other language used on Tropfest Website or by Tropfest, the terms and conditions set out above prevail.
17 Tropfest Australia 2018 Important Dates
Tropfest agrees to the following dates:
11 January 2018
Tropfest and must receive the Film by 6 pm Australian Eastern Daylight Time (18:00 AEDT) on 11 January.
on or before 25 January 2018
If the Film is Short-Listed, Tropfest will advise the Filmmaker on or before 25 January 2018.
on or before 29 January 2018
If the Film is selected as a finalist Tropfest will notify the Filmmaker whether the Film has been selected as a Finalist on or before 29 January 2017.
on or before 29 January 2018
If the Film is not Short-Listed, Tropfest will notify the Filmmaker of the Film’s Non-selection on or before 29 January 2018.
on or before 29 January 2018
If the Film is selected as a finalist, Tropfest requires the Filmmaker to provide the ‘Additional Materials’, as set out in Filmmaker Entry Kit, on or before 29 January 2018.
on or before 29 January 2018
17 February 2018
Tropfest Australia 2018 Festival – including Trop Jr
Accepted means a Film which meets the Tropfest Acceptance Criteria and which will be amongst the entries considered for inclusion in the Tropfest Australia 2018.
Cut Off Date means the date set out in 3(e).
Entry Fee means AUD $45.00.
Entry Form means the Form the Filmmaker must complete to enter a Film to Tropfest Australia 2018 which can be located via the Tropfest Website.
Exclusive License means an Exclusive License throughout the universe for the relevant term set out in these Terms and Conditions, to distribute, license and otherwise exploit the Film, or any part of the Film, in any and all media, whether now known or hereafter devised, including, without limitation, theatrical; Non-theatrical; television (all forms including free, pay, terrestrial, cable, and satellite); pay-per-view, video-on-demand, subscription- video-on-demand, and near- video-on- demand; home video (all forms including videocassettes, DVD, Blu-Ray, and all other types of ideograms, or other analogous home video technology, and including all social, digital and OTT platforms whether now known or hereafter devised); electronic rental, electronic sell-through, download to own, and all other forms of electronic delivery including internet, online, and mobile transmission by any and all means, method, process or device now known or hereafter devised; hotel, airline and ship rights; and all advertising, publicity and promotional rights (including trailers, clips and excerpts).
Festival Term means the period ending 12 months after the close of the Festival or the staging of Festival 27, whichever is the longer.
Film means the completed work by the Filmmaker submitted to and accepted by to Tropfest.
Filmmaker means the person(s) who created and hold all rights to the Film and are authorized to submit the Film to Tropfest pursuant to these Terms and Conditions (and their agents and assignees). Reference to a single Filmmaker includes all Filmmakers relevant to the Film.
Non-Exclusive License means an Non-Exclusive License throughout the universe, in perpetuity, to distribute, license and otherwise exploit the Film, or any part of the Film, in any and all media, whether now known or hereafter devised, including, without limitation, theatrical; Non-theatrical; television (all forms including free, pay, terrestrial, cable, and satellite); pay-per-view, video-on- demand, subscription-video-on-demand, and near-video-on-demand; home video (all forms including videocassettes, DVD, Blu-Ray, and all other types of ideograms, or other analogous home video technology, and including all social, digital and OTT platforms whether now known or hereafter devised); electronic rental, electronic sell-through, download to own, and all other forms of electronic delivery including internet, online, and mobile transmission by any and all means, method, process or device now known or hereafter devised; hotel, airline and ship rights; and all advertising, publicity and promotional rights (including trailers, clips and excerpts).
Tropfest means Tropfest Australia Ltd ABN 13 613 633 533.
Tropfest Australia 2018 means the Tropfest Australia 2018 festival program scheduled for Saturday 17 February 2018.
Tropfest Acceptance Criteria means the elements set out in section 1 of these Terms and Conditions that all Films must satisfy to be accepted by Tropfest as an entry into Tropfest Australia 2018.
Tropfest Australia 2018 Finalist means any of the Films that have been selected to premiere at Tropfest Australia 2018.
Tropfest Australia 2018 Signature Item (or "TSI") is "ROSE".
Trop Jr Signature Item (or “TSI”) is “RAINBOW”.
Tropfest Australia 2018 ShortList means one of the Films that have been selected by Tropfest to progress to the second round of judging.
Tropfest Website means tropfest.org.au.
HOLDEN 7 SECOND FILM COMPETITION
Terms and Conditions of Entry
1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the terms and conditions providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. Any Cash prize will be distributed as a cheque made out to the Prize winner, or via EFT if so requested by the Prize winner.
8. Unless otherwise stated, the winner is responsible for all expenses in getting to and from the nominated dealership to collect the Motor vehicle prize. Any costs associated with the transport of the Motor vehicle to an alternate pick up location will be the responsibility of the winner.
9. Please allow up to 5 months from date of the winner notification for delivery of the Motor vehicle prize.
10. Unless otherwise stated, the Motor vehicle prize does not include petrol, comprehensive insurance, compulsory third party insurance, any mechanical, body or other repairs made from the date of redemption, optional extras and any ancillary costs associated with redeeming the Motor vehicle prize.
11. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
12. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
13. The time of entry will be deemed to be the time the entry is received by the Promoter.
14. Entrants may submit up to the Maximum number of entries (if applicable).
15. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
16. The prize(s) will be awarded to the best entry/entries as judged in accordance with the Prize draw details. Entries must not have been published previously and/or have been used to win prizes in any other competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content or does not meet the criteria relating to the method of entry. The judges’ decision is final and no correspondence will be entered into.
17. The winner does not need to be present at the draw unless expressly stated to the contrary.
18. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the
prize(s) can be claimed.
19. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
20. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
21. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
22. The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
23. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
24. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
25. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
26. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
27. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
29. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
30. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not
misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
32. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the
Privacy Act 1988 (cth) and Australian Privacy Principles.
33. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
34. Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.