TERMS & CONDITIONS OF ENTRY FOR TROPFEST AUSTRALIA 2019 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 1 of 11
We believe that everyone has a story to tell...and that those stories deserve an audience. PREAMBLE Tropfest places utmost importance on its relationship with filmmakers. To this end, in February 2016, Tropfest 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 was 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 Finalist 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 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 and allow for films to have new audiences. 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 info@tropfest.org.au. These Terms & Conditions apply to all films entered into Tropfest and Trop Jr. We look forward to your submission! 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 2 of 11
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 2019, referred to as Tropfest 27. 1.2. All Films submitted to Tropfest 27 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 27; b) All Films must include the Tropfest Signature Item to confirm to Tropfest that the Film has been made specifically for Tropfest 27. c) Filmmakers may include the TSI in the Film submitted in any manner and any interpretation of CANDLE for Tropfest and PIZZA for Trop Jr will be accepted. d) The Film s first public screening must be Tropfest 27. 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 Aspect Ratio: 16:9 Audio: Codec: Duration: File Size: 1920 wide x 1080 high pixels. 128KBPS, AAC, 2 channel stereo. Most file formats are accepted for submission, but H.264 or MP4 formats are best for on-line previewing at the time of submission. Maximum video bit rate: 2200Kbps. Maximum length is 7 minutes - 00:07:00 (including titles & credits). Initial upload size is limited to 10GB. Full broadcast quality must be available upon request, as either H.264 or Apple ProRes 422 files. 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 27 meets all Acceptance Criteria. h) Tropfest will inform in writing (email) if the Film has been accepted or not accepted into Tropfest 27. 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 27 shall not be used by Tropfest for any purpose after the evaluation for Acceptance Criteria concludes. 2. Tropfest 27 Film entry process Filmmakers entering Films into Tropfest 27 must: a) Agree to abide by these Tropfest Terms and Conditions; 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 3 of 11
b) Complete the Entry Form accessed at filmfreeway.com/tropfest or via the tropfest.org.au/submit button. c) Pay the Entry Fee as outlined in the entry form. d) Accept that all Entry Fees are non-cancellable and are non-refundable. e) Upload the Film correctly via our Tropfest Submission page on www.filmfreeway.com/tropfest by midnight (Australian Eastern Daylight Time) (24:00 AEDT) Friday 4 th January 2019. g) Agree any use of Tropfest brands is compliant with Tropfest current brand use guidelines. Tropfest brand use guidelines may be accessed on the Tropfest website. h) Include the Tropfest brand as either an end frame or in the Closing Credits, in each Film Accepted by Tropfest, worded as Made for Tropfest 27. The End Frame jpg file can be obtained on the Tropfest Website. i) Agree that Tropfest accepts no responsibility for any Entry Form or Film that is submitted after the Cut Off Date or not uploaded correctly or is otherwise damaged. 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 27 a) Subject to further limitation imposed on Film by achieving Tropfest 27 Shortlist or Tropfest Finalist status, all Filmmakers agree not to distribute Films to any third party until after the closing date of Tropfest 27, Saturday 9 February 2019. b) All Filmmakers agree to grant Tropfest the following rights to Films that have been Accepted into Tropfest 27; (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; c) All Films must include "Made for Tropfest 27" as a visible credit as required in section 11 of these Terms and Conditions. Such credit must be in same format as other credits on each copy of the Film in perpetuity. 4.2. All Films selected for Tropfest 27 Shortlist a) Tropfest may select any Accepted Film to be a part of the Tropfest 27 Shortlist b) The number of Films selected by Tropfest for Tropfest 27 is at the 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 27 Shortlist. d) Tropfest determination of whether a Film is selected for Tropfest 27 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 27 Shortlist; 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 4 of 11
(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) Tropfest retains the right to receive all royalties from Screenrights in relation to Film in perpertuity; (iv) All Films must include "Made for Tropfest 27" 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. (v) All Films may include "Accepted for Tropfest 27 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) The 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 publicly broadcast or displayed in any portion or format prior to the closing date of Tropfest 27, the Filmmaker may submit the Film to other film festivals. (iii) From a period starting at six months from the closing date of Tropfest 27, the 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. (iv) 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 Festival Term starting at one year from the closing date of Tropfest 27. 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 27 Finalists a) Tropfest may select any Film to be a Tropfest 27 Finalist. b) The number of Finalists selected by Tropfest to be included in Tropfest 27 is at the sole discretion of Tropfest. c) As set out in Section 17, Tropfest will confirm in writing (email) if the Film has been accepted or not accepted as a Tropfest 27 Finalist. d) Tropfest determination of whether a Film is selected Tropfest 27 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 27 Finalist; (i) After the Festival Term, a Non-Exclusive License to use, commercialise and promote 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 the Film for the Festival Term (the "Finalist Term"); (iii) Tropfest retains the right to receive all royalties from Screenrights in relation to the Film in perpetuity; (iv) All Films must include "Made for Tropfest 27" as a visible credit as required in section 11 of these Terms and Conditions. Such credit must be in same format as other credits on each copy of the Film in perpetuity. 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 5 of 11
(v) All Films may include "Tropfest 27 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. h) Tropfest agrees to grant the Filmmaker the rights set out below (i) The Filmmaker must include the Tropfest brand in each copy of the Film as set out in section 4.1(c). (ii) As long as Film is not publicly broadcast or displayed in any portion or format prior to the closing date of Tropfest 27, the Filmmaker may submit the Film to other film festivals. (iii)from a period starting at six months from the closing date of Tropfest 27, the 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. (iv) 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 Festival Term of one year from the closing date of Tropfest 27. 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 screening the Film. 4.4. Films submitted but not Accepted to Tropfest 27 a) If Tropfest determines that a Film submitted to Tropfest 27 is not accepted for entry to Tropfest 27, 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 27 will be required to remove all Tropfest brands/credits within the Film. 5. Tropfest 27 Film Evaluation Process - the Judging 5.1. A select number Films will be selected as Tropfest Finalists for viewing and judging at Tropfest 27. 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 27. 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 27 (Winner), and the Filmmaker(s) of the winning Film will be awarded a prize/prizes to be determined by Tropfest (Winner Award) 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 6 of 11
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 27. If a People's Choice Award is to be given at Tropfest 27, 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 (18) years, such Winner Award will be made payable to the parent, custodian or legal guardian of such recipient. 5.15. Any prizes awarded by Tropfest 27 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 27. 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 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 7 of 11
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 deed of 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 Filmmakers Entry Kit section. 7 Dubbing/Subtitling/Editing 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. 10. Disqualification 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. 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 8 of 11
11. Credits 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 Shortlisted 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 " 12. Indemnification The 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 The 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. 14. Remedies In the event of any breach or alleged breach of this Agreement by Tropfest, the 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 the 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. 15. 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. The Filmmaker may not assign this Agreement and any purported assignment thereof will be null and void from the making thereof. 16. General 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). 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 9 of 11
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 27 Important Dates Tropfest agrees to the following dates: 4 January 2019 Closing Date for Call for Entries. Tropfest must receive the Film by midnight (Australian Eastern Daylight Time) (24:00 AEDT) on 4 January 2019. on or before 16 January 2019 If the Film is Shortlisted, Tropfest will advise the Filmmaker on or before 16 January 2019. on or before 18 January 2019 If the Film is not Shortlisted, Tropfest will notify the Filmmaker of the Film s Non-selection before 20 January 2019. on or before 18 January 2019 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 18 January 2019. on or before 21 January 2019 Finalist Announcement. Finalist Filmmakers will be asked to supply publicity materials prior to this announcement in preparation for the announcement. 9 February 2019 Tropfest 27 Festival including Tropfest 27 Finalists, Trop Jr 2019 Finalists and other events. Definitions Accepted means a Film which meets the Tropfest Acceptance Criteria and which will be amongst the entries considered for inclusion in the Tropfest 27. Closing Date means the end of the Tropfest 27 live & broadcast event. Cut Off Date means the date set out in 3(e). Entry Fee means AUD$45.00 or AUD$25.00 for Trop Jr Entry Form means the Form the Film maker must complete to enter a Film to Tropfest 27, located at www.filmfreeway.com/tropfest or 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); payper-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 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 10 of 11
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 28, 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 27 means the Tropfest 27 festival program scheduled for Saturday 9 February 2019. 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 27. Tropfest 27 Finalist means any of the Films that have been selected to premiere at Tropfest 27. Tropfest 27 Signature Item (or "TSI") is "CANDLE". Trop Jr Signature Item (or TSI ) is PIZZA. Tropfest 27 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. 2. TF27 - Terms Conditions 2019 FINAL-2.docx Page 11 of 11