Tropfest Terms and Conditions of Entry 2014

8/16/2019 Tropfest Terms and Conditions of Entry 2014

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TERMS ND CONDITIONS OF ENTRY

1. Entry

To enter your film (“Film”) into the Tropfest South East Asia 2014 Festival (“Festival”), which is run by Joe

Sidek Productions Sdn Bhd, registered in Malaysia as No.897447-P (“JSP”), as manager of Tropfest South

East Asia 2014 (“Tropfest”), you (“Entrant”) must:-

Complete the Entry Form (http://tropfest.com/sea/submit-2014);

Make a MYR50.00 Non-Refundable payment (“Entry Fee”) via Paypal;

Upload your film via the Upload Form (upload.sea.tropfest.com);

Entries must be received by Tropfest by Monday 28th October 2013, 6.00pm (Malaysia Standard

Time). Tropfest accepts no responsibility for any Entry Form or film that is late or damaged.

By satisfactorily completing the Entry Form and delivering the Film online, paying the Entry Fee, the Entrant

has applied to enter the Film in the Festival, related competitions and activities and accepts that the

conditions contained in the Entry Form, and in the ‘Entry Guidelines’ which includes these terms and

conditions (collectively referred to as the Terms and Conditions of Entry) create a legally binding

agreement between Tropfest and the Entrant (“Agreement”).

2. Judging of the films

(a) Up to sixteen (16) films will be chosen by Tropfest in its absolute discretion (and without explanation

for films not selected) as finalists for viewing and judging at the Festival (“Finalists”) on the night of

Saturday, 25th January 2014 or such other date as Tropfest may nominate (“Festival Night”).

(b) Tropfest will contact the Entrant on or around 2nd December 2013 or earlier if the Film has been

selected as a Finalist.

(c) Tropfest selects a jury to judge the Finalists, which is made up of industry professionals, including

actors, directors, writers, producers and others (“Jury”). The Members of the Jury watch the Finalist films

live on the Festival Night and score them. Tropfest tallies those results and comes up with an average

score for each film. The highest score wins. The judges are asked to use their own judgement but, in

general, Tropfest instructs the Jury to evaluate the films based on execution, strength of idea, creativity,

expression of the filmmaker’s talent, and use of the ‘TSI’. Budgetary constraints are not part of Tropfest’s

judging criteria. The Jury may also choose the winners in other categories as determined by Tropfest.

(d) On Festival Night the Jury will select one Finalist as the overall winner of the Festival (“Winner”), and

the Entrant of the Winner will be awarded a prize (“Winner Award”).

(e) In the event that the recipient of the Winner Award is under the age of eighteen (18), such WinnerAward will be made payable to the parent, custodian or legal guardian of such recipient.

(f) Any prizes awarded are not transferable or exchangeable.

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3. Important Dates

Each Film must comply with the following dates to be eligible for entry in the Festival:-

1 This Festival Night date may be changed in Tropfest’s sole discretion.

4. Entrant’s Representations and Warranties

The Entrant hereby represents and warrants to Tropfest that:-

(a) the Entrant has 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 Film was made solely and specifically for the Festival;

(c) the Film complies with the Terms and Conditions of Entry;

(d) the Film has not been, and will not be, available to be viewed by the public by any means, including,

without limitations, by way of the internet, until the Exclusive Licence granted by the Entrant to Tropfest

under clause 5 terminates in accordanc e with clause 6 or7, if applicable;

(e) the rights (including the intellectual property rights) in the Film have not been, 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 Entrant to Tropfest under clause 5 terminates in accordance w ith clause 6 or7, if

applicable;

(f) the Entrant 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 Clause 4(e), the Entrant is the sole and exclusive owner, or has the express permission

from the sole and exclusive owner, of the copyright in the sound recordings comprising the soundtrack

of the Film and the music lyrics reproduced in those sound recording*;

(h) all of the performers in the the Film have consented in writing to the use of their performances in the

Film*;

(i) the Entrant 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 Entrant, and any

person authorised by the Entrant to do so (including Tropfest, its assignees and licensees);

(j) the Entrant has obtained from each Contributor:

- authorization for Tropfest to use the Contributor’s name and likeness in connection with any

publicity for the Festival and related competitions; and

- an undertaking that the Contributor will perform publicity appearances for the Festival and

related competitions if reasonably requested by the Entrant or Tropfest*;

28th October 2013 The Film must be received by Tropfest on or before 28th October 2013, 6pm

(Malaysia Standard Time)Approx 2nd December 2013

If the Film is selected as a Finalist, Tropfest intends to advise the Entrant and requestfor ‘Additional Materials’ on or before approx. 2nd December 2013

9th December 2013 If the Film is selected as a Finalist, Entrants are required to submit all the required‘Additional Materials’ to Tropfest on or before 9th December 2013

16th December2013

If the Film is not selected as a Finalist, Tropfest will notify the Entrant of the Film’s non-selection on or before 16th December 2013

25th January 2014 1 Festival Night


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(k) the Entrant is entitled to grant to Tropfest permission to make use of each and every right referred to in

clauses 5,6 ,7, 8 and 9 as applicable) and the use or exploitation of the Film as contemplated by the

Terms and Conditions wil not violate the right (including copyright) of any third party;

(l) the Entrant will pay all fees and other charges related to entry of the Film in the Festival;

(m) all details submitted in the Entry Form by the Entrant are true and correct, and the Entrant 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 Entrant in this clause 4;

(n) 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 recording 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;

(o) 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 moralrights, of any person, firm, or corporation; and

(p) the Film is not the subject of any litigation nor is it threatened by any claim or litigation.

* copies of a release form for the purposes of complying with Clause (f), (g), (h),(i) and (j) above can be

obtained from our website www.tropfest.com/sea

5. General License

In these Terms and Conditions:

“Exclusive License” means the Entrant grants to Tropfest 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 all

media, whether now known or hereafter devised, including, without limitation, theatrical; non-theatrical;

television (all forms including fee, pay, terrestrial, cable, and satellite); pay-to-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 Entrant grants to Tropfest a 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 fee, pay, terrestrial, cable, and satellite); pay-to-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).

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6. If the film is not a Finalist

If the Film is not selected as a Finalist for the Festival, the Exclusive License will automatically terminate on

1st March 2014 and all rights granted by the Entrant to Tropfest under Clause 5 will automatically revert to

the Entrant, subject to Entrant’s sole right and option to grant Tropfest a Non-Exclusive License inaccordance with Entrant’s election in the Entry Form. If the film is not a Finalist and Entrant does not opt to

grant Tropfest a Non-Exclusive License, neither Tropfest, nor its assignees or licensees, will have any

rights, including copyright, in the Film after the date stated above in this Clause 6.

7. Finalist Films

If the Film is selected as a Finalist, the Exclusive License granted by the Entrant to Tropfest under Clause 5

will continue in perpetuity.

8. Dubbing/Subtitling/Editing

The Entrant acknowledges that Tropfest, its assignees and licensees, shall have the right to dub/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.

9. Name and Likeness

The Entrant authorises Tropfest to use the Entrant’s name, likeness and biography in connection with any

publicity for the Festival and related competitions and activities, and the Entrant agrees to make best

efforts to undertake publicity appearances for the Festival and related competitions and activities as

reasonably requested by Tropfest.

10. Moral Rights

The Entrant:-

a) 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 Entrant including to edit, alter and/or

reproduce the work of the Contributors, the Entrant and the Film and the Entrant 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 Laws of Malaysia Act 332

Copyright Act 1987 [Reprint – 2001]; and

b) without limiting clause 10(a), authorises Tropfest and its assignees and licensees to do any and all acts

comprised in the Moral Rights Consents.

11. Disqualification

Tropfest may, in its sole discretion, disqualify a Film from the Festival if the Film or Entry does not meet the

entry requirements and/or if Tropfest has reason to believe that a Film does not, for any reason, comply

with the Terms and Conditions. No refund will be issued for entries that are disqualified.

12. Credits

Without limiting the rights granted by Entrant to Tropfest under these Terms and Conditions, the Entrant

must ensure that Tropfest is given a screen credit for any subsequent film or television or other project

produced by the Entrant, or an assignee, licensee or successor of the Entrant, 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 Entrant may agree): “Based on the Tropfest short-film entitled _______”


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13. Indemnification

Entrant agrees to indemnity 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 Entrant’s agreements, obligations, representations and warrantiesunder this Agreement, including, without limitation, those representations and warranties made in Clause

4 hereof.

14. Additional Documents

Entrant 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.

15. Remedies

In the event of any breach or alleged breach of this Agreement by Tropfest, Entrant’s sole remedy will belimited to the right, if any, to recover monetary damages in an action at law, and in no event will Entrant

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.

16. Assignment

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. Entrant may not assign this Agreement and any purported assignment thereof will

be null and void from the making thereof.

17. General

The agreement created by the Terms and Conditions of Entry is governed by the Laws of Malaysia as

enforced in Malaysia and the courts of Malaysia in Kuala Lumpur shall have exclusive jurisdiction in

respect of any dispute arising therefrom. The Entrant will do such acts and sign, or caused to be signed,

such instruments as Tropfest may reasonably request for the purposes of this Agreement. Tropfest may

assign or license its interest under this Agreement. The Entrant 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 expression used in this

agreement have the meanings given to them in the the Laws of Malaysia Act 332 Copyright Act 1987

[Reprint – 2001]. A reference to a “film” is a reference to a “cinematography film”. In the case of anyinconsistency between the terms and conditions set out above and any other language contained in the

Terms and Conditions of Entry (as defined in clause 1), the terms and conditions set out above prevail.