Terms and conditions

Nudge by Mirvac, Sustainability Film Competition 2016

Terms and conditions of Entry

1. Entry

(a) To enter your film (Film) into Nudge by Mirvac, Sustainability Film Competition 2016 (Competition), which in turn is run by Mirvac Procurement Pty Limited (Mirvac), you (Producer) must:

(i) Complete the entry form; and

(ii) Upload the Film correctly via FilmFreeway (https://filmfreeway.com/festival/nudgebymirvac) between midnight, 1 April 2016 and 11:59pm, 1 November 2016.

(b) The Film must be no longer than 3 minutes in length.

(c) The competition is open to Australian residents only.

(d) By completing the entry form, and uploading the Film, the Producer agrees with these terms and conditions.

2. Categories

There are two categories in the Competition:

(a) Open: for Producers 18 year old and above; and

(b) Student: for individuals under 18 and groups (provided all individuals in the groups are under 18) and with the consent of parent / guardian of each Producer.

3. Prizes

(a) Any prizes awarded are not transferrable, exchangeable or redeemable for cash.

(b) For winners in the Student Category, and the recipient is under the age of 18, such prizes will be made payable to the parent, custodian or legal guardian of such recipient.

Open Category

There are two winners in the Open Category – first place winner and runner up winner. Prizes are to be confirmed.

Student Category

There are two winners in the Student Category – group winner and individual winner. Prizes to be confirmed.

4. Judging of films

(a) 5 films from each category (10 films in total), will be chosen, at Mirvac’s absolute discretion and without giving reasons, as finalists (Finalist Films).

(b) The Finalist Films will be promoted through the following means:

(i) on the competition website and competition youtube channel;

(iv) the Mirvac Right Place Magazine;

(vi) Qantas inflight magazines, to be confirmed;

(vii) Mirvac Group and Qantas websites; and

(viii) Any other digital, social media and print platforms at Mirvac’s absolute discretion.

(c) Mirvac selects a jury to judge the Finalist Films and will decide on the winning films (2 in each category, 4 in total) who are entitled to the prizes (Winning Films).

(d) The Winning Films will be announced via the competition website and via email on Tuesday 22 November 2016.

(e) The Winning Films will be promoted through the following means:

(ix) on the competition website and competition YouTube channel;

(xii) the Mirvac Right Place Magazine;

(xiii) Qantas inflight entertainment (Documentaries);

(xiv) Qantas inflight magazines, to be confirmed;

(xv) Mirvac Group and Qantas websites; and

(xvi) Any other digital, social media and print platforms at Mirvac’s absolute discretion.

(f) Whilst Mirvac intends to promote the Finalist Films and Winning Films through the means described in paragraphs 4(b) and 4(e) respectively, Mirvac has absolute discretion in the manner and means in which the Finalist Films and Winning Films are promoted and shown.

(g) The Producer acknowledges that Mirvac, 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 Mirvac deems necessary, including without limitation, for the purpose of television broadcast or online distribution, packaging the Film with other Mirvac Summer Festival 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.

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 Competition;

(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 6 terminates in accordance with paragraphs 7 and 8;

(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 5(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 6, 7, 8 and 9 (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 5;

(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;

(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 Licence” means the Producer grants to Mirvac an exclusive license (including the right to sub-license to Qantas) 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 all advertising, publicity and promotional rights (including trailers, clips and excerpts).

Non-Exclusive Licence” means the Producer grants to Mirvac an non-exclusive license (including the right to sub-license to Qantas) 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 Licence as of the date the Film is submitted to the Competition and to continue or terminate in accordance with the terms and conditions specified in paragraphs 7, 8 and 9 below.

6. If the Film is not a Finalist Film

If the Film is not a Finalist Film, the Exclusive Licence will automatically terminate on 22 November 2016 and all rights granted by the Producer to Mirvac under paragraph 6 will automatically revert to the Producer, and neither Mirvac, nor its assignees or licensees, will have any rights, including copyright, in the Film.

7. If the Film is a Finalist Film but is not a Winning Film

If the Film is a Finalist Film, the Exclusive Licence will automatically terminate on 22 November 2016, and the Producer will automatically grant to Mirvac a new Non-Exclusive Licence (and the Producer acknowledges that the terms and conditions are effective to grant such licence). After 1 January 2018, the Producer may write to Mirvac to request the termination of the Non-Exclusive Licence granted to Mirvac under this paragraph 8.

8. Winning Films

If the Film is a Winning Film, the Exclusive Licence granted by the Producer to Mirvac under this paragraph 6 will continue in perpetuity.

9. 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.

10. Disqualification

Mirvac may in its sole discretion, disqualify a Film from the Competition if Mirvac has reason to believe that a Film does not, for any reason, comply with the terms and conditions.

11. 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.

12. General

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.  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 paragraph 5(j) 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 Procurement Pty Ltd, its assignees and licensees).

Signed (without intervention from any party) this

day of                                     2016

_____________________________
(Signature)

 

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