FUTURE CREATIVES INITIATIVE
Emerging Screenwriter Award 2019
TERMS AND CONDITIONS
The 2019-2021 Future Creatives Initiative Competitions (the “Promotion”) are open to filmmakers from Victoria Australia of anyone over 18 years of age. Employees of Taival Films or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-
parents, siblings and step-siblings, and children and step-children) and household members
(people who share the same residence at least three (3) months out of the year) of each
such employee are not eligible. The Promotion is subject to all applicable federal, state and
local laws and regulations. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules (the “Rules”) and Taival Film’s decisions, which are final
and binding in all matters related to the Promotion. Winning a Prize (as defined below in
Section 8) is contingent upon fulfilling all requirements set forth herein. The Promotion
consists of a contest (the “Contest”).
The Promotion is sponsored by Taival Films (the “Sponsor,” “Taival Films,” “we” or “us”).
The Promotion begins on 19th of November 2019 and ends on 31st of December 2019 (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
4. HOW TO ENTER/ ENTRY FEE
A completed registration and a maximum one (1) original application entitles you to
participate in the Promotion and shall constitute your entry (“Entry”) in the Promotion. Any
form of entry than that described herein is void. Sponsor is not responsible for lost, late,
incomplete, invalid, unintelligible or misdirected registrations or entries, which will be
disqualified. All print or electronic Entries are destroyed or deleted after the conclusion of
the contest for privacy purposes.
As part of each Entry, you may submit one (1) Cinematographers Treatment and Visual Mood Board for evaluation and consideration for the Prizes (as defined in Section 8 below) by the Sponsor or its designee. The Cinematographers Treatment and Visual Mood Board must be your original creative work, and you hereby warrant and represent that you are the sole and exclusive owner of all right, title and interest in and to the Cinematographers Treatment and Visual Mood Board. You are prohibited from submitting any works that have previously been produced at any time, or are currently in production or under option, and you warrant and represent that the work has never been produced by anyone at any time and is not under option at time of entry.
6. WINNERS SELECTIONOn the dates set forth below, Sponsor or an independent judge will select maximum fifteen (15) Entries for
the Prizes described below in Section 8. The finalist entrants (the “Finalists”) will be selected
from among the entrants based upon the level of creativity, originality, and technical abilities of their role, of the associated submission as determined in the sole discretion of the Sponsor or independent judge, as applicable. Three (3) Entries will enter the Mentoring program and One (1) Winner out of the mentored Cinematographers be selected as the Winner. Inquiries concerning
Entries will not be accepted. The Winners will be contacted using the email addresses
and/or telephone numbers provided on the corresponding Entry Forms and may be
awarded the Prize (subject to verification of eligibility and compliance with the terms of
these Rules.) Sponsor’s decisions as to the administration and operation of the Promotion
and the selection of potential winners are final and binding in all matters related to the
Promotion. Winners will be notified at most approximately seven (7) days after the
announcement. Failure to respond to the initial verification notification within fourteen (14)
days or return of notification as undeliverable after three (3) attempts will result in
POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE
DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. VERIFICATION OF POTENTIAL WINNERS
Potential Winner must continue to comply with all terms and conditions of these Rules, and
winning is contingent upon fulfilling all requirements. The potential Winner will be required
to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of
eligibility and liability/publicity release (except where prohibited by law) in order to claim
their respective Prizes. If a potential Winner of any Prize cannot be contacted, fails to sign
and return the affidavit of eligibility and liability/publicity release within the required time
period or if the Prize or Prize notification is returned as undeliverable, the potential Winner
forfeits the Prize. In the event that a potential Winner of a Prize is disqualified for any
reason, Sponsor may award the applicable prize to an alternate Winner from among all
remaining eligible Entries.
For all Prizes: see website contest pages for current prize details.
9. ENTRY CONDITIONS AND RELEASE
By entering, each participant agrees to: (a) comply with and be bound by these Rules and
the decisions of the Sponsor, which are binding and final in all matters relating to the
Promotion; (b) release and hold harmless the Sponsor, its parent, subsidiary and affiliated
companies, Prize suppliers and any other organizations responsible for sponsoring,
fulfilling, administering, advertising or promoting the Contest and Promotion, and all of their
respective past and present officers, directors, members, employees, agents and
representatives (collectively, the “Released Parties”) from and against any and all claims,
expenses, and liability, including but not limited to negligence and damages of any kind to
persons and property, including but not limited to invasion of privacy (under appropriation,
intrusion, public disclosure of private facts, false light in the public eye or other legal theory),
defamation, slander, libel, violation of right of publicity, infringement of trademark,
copyright or other intellectual property rights arising out of or relating to a participant’s
Entry, participation in the Promotion and/or acceptance or use or misuse of Prize; provided
however, that such release will not apply to any commercial exploitation of the work by a
Released Party in violation of your rights under applicable copyright law; and (c) indemnify,
defend and hold harmless the Sponsor from and against any and all claims, expenses, and
liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s
participation in the Promotion and/or entrant’s acceptance, use or misuse of Prize.
Except where prohibited by law, participation in the Promotion constitutes each Finalists and Winner’s
consent to Sponsor’s and its agents’ use of Finalists and Winners’ names, likenesses, photographs, and/or
personal information for promotional purposes in any media, worldwide, without further
payment or consideration. All uses of a Finalists and Winners’ information are in accordance with
11. REPRESENTATIONS AND WARRANTIES
You hereby warrant and represent the following:
You are the exclusive owner and sole author of the submitted material, such that the submitted material is your original creative work and your submission thereof will not infringe, misappropriate or violate the intellectual property, privacy or other rights of any third party; and/or you have obtained prior written authorization to act on behalf of any co-creators of the submitted work;
Neither your execution of this agreement nor your participation of in the Promotion, including your submission of the work, will conflict with or violate any term or condition of any other agreement to which you are a party, including but not limited to any union or guild regulation;
There are no threatened, pending or current claims, actions or lawsuits in connection with the wubmitted work and you agree to notify Taival Films immediate upon your notification of any such claims, actions or suits;
You are submitting the work voluntarily on a non-confidential basis;
You have the right, authority, and capacity to enter into this agreement, and you agree to abide and be bound the terms and conditions herein.
12. CHOICE OF LAW AND DISPUTE RESOLUTION
This agreement shall be deemed to have been entered into and shall be construed and
enforced in accordance with the laws of the State of Victoria as applied to contracts made
and to be performed entirely within Victoria, without giving effect to the state’s conflicts of
law statute. Any controversy, dispute or claim arising out of or related to the agreement or
your participation in the Promotion shall be settled by an arbitrator, within in the City of
Melbourne, State of Victoria, subject to the rules and regulations of the Commercial
Arbitration Act 2011 then in effect, except that such arbitration shall be handled by a single
arbitrator selected in accordance with such rules and regulations. The arbitrator shall be
well acquainted with the entertainment business in the City of Melbourne, and the
arbitrator’s decision shall be final and binding. Each party to any arbitration shall bear its
own costs, including attorney’s fees. Failure to appear at any arbitration hearing entitles the
arbitrator to proceed ex parte.
13. INTELLECTUAL PROPERTY RIGHTS
By accepting your Entry, including your submission of the Script, we in no way grant you any
additional rights therein or otherwise expand the scope of your rights under applicable
copyright laws. You are solely responsible for protecting your rights in the Script, including
without limitation, for filing or registering the Script with the Australian Copyright Office. You
acknowledge and agree that Taival Films and/or any participating judges may be
independently developing or producing separate works which could resemble the Script and
incorporate concepts, themes, formats, plot lines, or characters similar to those in the
Script, and that you are not entitled to any compensation and have no rights of any kind
with regards to that separate material. However, you retain all rights to the Script itself and
any other creative materials submitted to the Promotion.
14. INDEPENDENT CONTRACTORS
The relationship between you and Taival Films is one of independent contractors. Neither
party will represent that it has any authority to assume or create any obligation, express or
implied, on behalf of the other party, or to represent the other party as agent, employee, or
in any other capacity, except as specifically provided herein.
15. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of
it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control
impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its
sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it
finds to be tampering with the Entry process or the operation of the Contest or to be acting
in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive
manner. Any attempt by any person to deliberately undermine the legitimate operation of
the Contest may be a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not
constitute a waiver of that provision.
16. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information,
whether caused by Entrants, printing errors or by any of the equipment or programming
associated with or utilized in the Promotion; (2) technical failures of any kind, including, but
not limited to malfunctions, interruptions, or disconnections in phone lines or network
hardware or software; (3) unauthorized human intervention in any part of the Entry process
or the Promotion; (4) technical or human error which may occur in the administration of the
Promotion or the processing of Entries; or (5) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation
in the Promotion or receipt or use or misuse of any Prize.
17. ENTRANT’S PERSONAL INFORMATION
18. COMPETITION RESULTS
For Competition results, visit the Initiative website.
Taival Films will contact the contest Winners directly for each of the competition stages.
Competition results are posted publicly on the respective contest website page. Winners of each stage of the competition will also be made public and permanently posted to the Promotion website.