Mirvac WA Short Film Festival

Mirvac Open Air, Meadow Springs 2014 Terms and conditions of Entry 1. Entry
(a) To enter your film (Film) into Mirvac Open Air, Meadow Springs, which in turn is run by Mirvac (WA) Pty Limited ABN 81 095 901 769 (Mirvac), you (Producer) must:
(i) Complete the entry form; and
(ii) Upload the Film correctly via www.mirvacshortfestival.com.au between midnight, 1 November 2014 and 11:59pm, 19 December 2014.
(b) By completing the entry form, and uploading the Film, the Producer agrees with these terms and conditions. 2. Prizes
(a) First place prizes, by film categories listed in subparagraphs (i) – (iv) below, are:
(i) Producers 18 years and over, and Films over 5 minutes: $1,000 cash;
(ii) Producers 18 years and over, and Films under 5 minutes: $1,000 cash;
(iii) Producers 18 years and under, and Films over 5 minutes: $1,000 cash;
(iv) Producers 18 years and under, and Films under 5 minutes: $1,000 cash.
(b) Runner up prizes, by film categories listed in subparagraphs (i) – (iv) below, are:
(i) Producers 18 years and over, and Films over 5 minutes: one (1) Sony Xperia Z2 Tablet;
(ii) Producers 18 years and over, and Films under 5 minutes: one (1) iPhone 5c;
(iii) Producers 18 years and under, and Films over 5 minutes: one (1) SONOS Play bluetooth speakers;
(iv) Producers 18 years and under, and Films under 5 minutes: one (1) SONOS Play bluetooth speakers.
(c) Additional prizes for:
(i) first place winners from each of the categories listed in paragraphs 2(a)(i)-(iv) and 2(b)(i)-(iv); entry into Coast FM’s 97 Days of Summer promotion for the chance to win a Fiat 500; and
(ii) People’s Choice Award; $1,000 cash, which will be announced via Coast FM’s on 18 January 2015. 3. Judging of films
(a) 12 films, 3 films from each of the categories listed in paragraphs 2(a) and (b)(i)-(iv), will be chosen, at Mirvac’s absolute discretion and without giving reasons, as finalists (Finalists) for viewing and judging at the festival on the night of 15 January 2014 or such other date as Mirvac may nominate (Festival Night).
(b) Finalists will be announced on Wednesday, 31 December 2014 via Coast FM.
(c) On the Festival Night, the judging panel will, at its absolute discretion and without giving reasons, select one Finalist as the winner, and one Finalist as the runner-up, from each of the following categories:
(i) Producers 18 years and over, and Films over 5 minutes
(ii) Producers 18 years and over, and Films under 5 minutes
(iii) Producers 18 years and under, and Films over 5 minutes Under 18 years, film under 5 minutes
(iv) Producers 18 years and under, and Films under 5 minutes
(d) The judging panel’s decision will be final. 4. Producer’s representations and warranties The Producer hereby represents and warrants to Mirvac that:
(a) the Producer has the sole and full right and authority to accept the terms and conditions;
(b) the Film was made by the Producer solely and specifically for the festival;
(c) the Film complies with the terms and conditions;
(d) the Film does not contain or otherwise include any nudity, swearing or violence;
(e) 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 Mirvac, until the Exclusive Licence granted by the Producer to Mirvac under paragraph 5 terminates in accordance with paragraphs 6 and 7;
(f) the Producer 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;
(g) without limiting Paragraph 4(f), the Producer 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;
(h) all of the performers in the Film have consented in writing to the use of their performances in the Film*;
(i) the Producer is entitled to grant to Mirvac permission to make use of each and every right referred to in paragraphs 5, 6 and 7 (as applicable) 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;
(j) the Producer 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 Producer, and any person authorised by the Producer to do so (including Mirvac, 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) all details submitted in the entry form by the Producer are true and correct, and the Producer indemnifies Mirvac from and against any and all claims and demands made against Mirvac, its assignees or licensees, in relation to the guarantees provided by the Producer in this paragraph 4;
(l) 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, other than fees that may be payable to local performing rights associations for use of the Film after the Festival Night;
(m) 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
(n) the Film is not the subject of any litigation nor is it threatened by any claim or litigation. 5. General License In these terms and conditions: "Exclusive License" means the Producer grants to Mirvac an exclusive license throughout the universe, in perpetuity, to distribute, license and otherwise exploit the Film, or any part of the Film, in any and ail 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 videograms, or other analogous home video technology, 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). "Non-Exclusive License" means the Producer grants to Mirvac 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 videograms, or other analogous home video technology, 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 ail advertising, publicity arid promotional rights (including trailers, clips and excerpts).
For good and valuable consideration, the receipt and satisfaction of which is hereby acknowledged and other good and valuable consideration contained herein, the Producer grants to Mirvac an Exclusive License as of the date the Film is submitted to the festival and to continue or terminate in accordance with the terms and conditions specified in Paragraphs 6 and 7 below. 6. If the Film is not a Finalist If the Film is not a Finalist, the Exclusive Licence will automatically terminate on 24 December 2014 and all rights granted by the Producer to Mirvac under paragraph 5 will automatically revert to the Producer, and neither Mirvac, nor its assignees or licensees, will have any rights, including copyright, in the Film. 7. Finalist films If the Film is a Finalist, the Exclusive Licence will automatically terminate on the first Monday following the Festival Night and all rights granted by the Producer to Mirvac under paragraph 5 will automatically revert to the Producer, and neither Mirvac, nor its assignees or licensees, will have any rights, including copyright, in the Film. 8. Moral Rights The Producer:
(a) acknowledges that Mirvac, 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 Producer including to edit, alter and/or reproduce the work of the Contributors, the Producer and the Film and the Producer consents to these actions by Mirvac, 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;
(b) without limiting paragraph 10(a), authorises Mirvac and its assignees and licensees to do any and all acts comprised in the Moral Rights Consents. 9. Disqualification Mirvac may in its sole discretion, disqualify a Film from the festival if Mirvac has reason to believe that a Film does not, for any reason, comply with the terms and conditions. 10. Indemnification Producer agrees to indemnify Mirvac 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 Producer's agreements, obligations, representations and warranties under this Agreement, including, without limitation, those representations and warranties made in paragraph 4 hereof. 11. General The agreement created by the terms and conditions is made in Western Australia and is governed by the non-exclusive jurisdiction of the courts of Western Australia. The Producer will do such acts and sign, or cause to be signed, such instruments as Mirvac may reasonably request for the purposes of this agreement. Mirvac may assign or license its interest under this agreement. The Producer must not assign or license its interest under this agreement. 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. The words and expressions used in this agreement have the meanings given to them in the Copyright Act 1968 (Cth). A reference to a "film" is a reference to a "cinematograph film". In the case of any inconsistency between the terms and conditions set out above and any other language contained in the terms and conditions, the terms and conditions set out above prevail. * Copy of the release form for the purposes of complying with paragraphs 4(k) above are below.
Moral Rights Consent
1. Definition
In this consent,
“Moral Rights” means rights of integrity of authorship, rights or attribution of authorship, rights not to have authorship falsely attributed, and rights of a similar nature conferred by statute, that exist, or may come to exist, anywhere in the world;
“Producer” means ______________________
2. Consent
I, ______________________ (the Contributor)
in favour of the Producer, unconditionally:
1. consent to waive any Moral Rights with respect to all work created or prepared by me for the film titled_____________________ (Film) for the Producer, and of which we are the author or creator; and
2. agree to release the results and proceeds of the 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 Producer, and any person authorised by the Producer to do so (including Mirvac (WA) Pty Limited ABN 81 095 901 769, its assignees and licensees).
Signed (without intervention from any party) this day of 2014
(Signature)