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Rules, Terms And Conditions Waiver

OUR AIM IS TO HELP FILMAKERS FOLLOW THEIR PASSION

This web site is owned and operated by SUNFULMFESTIVAL.COM.AU and will be referred to as ‘we’, ‘our’ and ‘us’ in these  T&C’s. By using this site, you agree to our T&C’s, including the Internet Privacy Policy of this web site (‘the web site’), which is set out on this page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the web site. Please check our website regularly as we reserve the right to modify these T&C’s from time to time.

We aim to discover and help great films that have been unable to secure a distributor especially for theatrical distribution. We want to help films be seen and appreciated by audiences in the magical arena of cinema. If you feel your film has a good chance of finding a distributor for release without  our help then you should pursue an agreement with a distributor before entering your film in this festival. Entries from all countries are eligible for the Sun Film Festival competition. Australian entries will automatically receive an additional entry into the relevant Australian category (no extra cost). Sun Film Festival is open to all film genres. If you are unsure of eligibility, please email us, admin@sunfilmfestival.com.au

THE FILMMAKER/PRODUCER GRANTS SUN FILM FESTIVAL THE FOLLOWING RIGHTS

1. Exhibit the film in the Sun Film Festival and any subsequent tour.

2. Reproduce the film for inclusion as part of a Festival compilation.

3. Exhibit the production either in part or in total for promotional purposes.

4. The film may be exhibited theatrically worldwide if chosen as Festival Committee Choice Film. See Festival Committee Choice Section for more info.

In exchange for these rights, Filmmakers will be paid when revenue is generated from any distribution of their film. The film remains the property of the filmmaker. The producer warrants to the Sun Film Festival that they have obtained all the necessary permissions to enter this film and that the film does not infringe the rights, including copyright, of any third party. This includes use of music and literary material (eg. if your film is based on a novel, short story or poem).

ENTRY FEES, SUBMISSION DATES AND FILE FORMATS

Entries will not be considered valid until the entry fee has been paid. Entries must be received or postmarked in the year of the festival by 5pm, last Sunday in June (Winter Round), October (Summer Round) (Australian time). File uploads, USB  or Hard drives must be received within seven (7) days of the respective closing dates. A two day grace period will be given to allow for postal/service delays. Non-English submissions must be subtitled or dubbed. A separate list of translated dialogues will not be accepted. The entry fee is applicable for each category entered. Entries cannot be withdrawn after submission. By submitting your film to the Sun Film Festival for consideration, you acknowledge this condition of  entry and waive your right to withdraw your film from the Festival after submission.

If your film is selected for the competition you will be sent an email confirmation within 30 days of the closure of entry dates. The festival reserves the right to refuse entries. Materials submitted will not be returned. We recommend uploads or USB as being the most inexpensive options for submissions. Forwarding films to the Festival is the responsibility of the filmmaker. Whilst Sun Film Festival will take due care of materials submitted, we will not be responsible for any loss and/or damage of any materials sent to us. Please ensure that you make back up copies of all of your submission materials.

Sun Film Festival may tour a selection of films featured in the Festival nationally in Australia. All films entered in the Sun Film Festival must be available for touring. The Sun Film Festival only screens productions finished on QuickTime Video Codecs: Apple Pro Res 422/4444 or H.264. We do not screen from video tapes. Please see Screening Format Specifications page for more information. To ensure your entry is screened correctly, you must include screening gauge and ratio details as requested on the entry form.

 FESTIVAL COMMITTEE CHOICE FILMS

If your film is selected as a Festival Committee Choice Film For Distribution in addition to any other terms in this agreement the following will apply:

  1. No additional out of pocket cost to you
  2. We will arrange film and trailer conversion to digital cinema package format (DCP).
  3. We prefer if we can have at least 1 key film personnel Eg. An actor, writer, director or producer to do any media Interviews and help with some basic social media eg. TV, Radio, newspaper, facebook. though if that’s not possible we may do this.
  4. We’d really appreciate if you share social media posts about screening times that we may email to you.
  5. Supply us with a digital media promo pack eg. Images, film synopsis etc. (posters if you have any printed, but not essential)
  6. You retain all rights to your film
  7. There is no guarantee that the film will make money.
  8. The cost of cinema digital format conversion will be recouped first from distribution income (estimated cost AUD $2000 per print) before royalties are paid.
  9. We use a Melbourne (Australia) company for digital conversions.
  10. After conversion cost is recouped, the Filmmaker/Producer (ie. You) receive 30%  (thirty percent) from every dollar that we (as distributor/sub distributor) receive from the film’s exhibition/screenings.
  11. After we have re-couped any other initial setup costs relating to your film (eg. marketing, sales and distribution costs) we may offer to pay you a higher percentage, being 50% (fifty percent) from every dollar that we (as distributor/sub distributor) receive.
  12. When we pay you, you agree to pay any artists/crew deferrals etc. according to your agreements.
  13. We will have a window for the film’s theatrical release, you acknowledge that this will most likely increase your film’s value/profile and we can discuss further involvement after the theatrical run. We can also discuss you allowing us to achieve a TV, VOD or international sales on your behalf.
  14. Money payable by us to you will become owing upon and subject to us receiving agreed payments from authorised users for successful delivery of your content. In other words we will remit the amount owing to the producer/filmmaker after the subtraction of distribution costs, usually on a half-yearly basis. ie. After the conversion cost is recouped, you should receive the percentages outlined above of net payments received by us for theatrical distribution of the film. Your payment will be made to the Bank Account that you specify.
  15.  By entering Sun Film Festival you agree to make the film available to us for a reasonable period of time in which to distribute the film theatrically in any territory of the world. We may consider distribution in remaining territories if you have already have had distribution of the film in some other territories.
  16. You must advise us of any and all prior release arrangements regarding your film. (We are committed to helping you. Please be open and honest with us!)
  17. The Festival Committee will in good faith endeavour to consider the suggestions and sentiments of the community of Sun Film Festival followers when selecting films for distribution, taking into account the likely commercial reality of releasing particular films.

DISCLAIMER

Using our service in no way guarantees that your content will be viewed, distributed, played, downloaded or streamed. Please contact us if you have any questions prior to submitting your content. The producer and/or those submitting the film shall indemnify and hold harmless Sun Film Festival from and against any and all claims, liabilities, losses, damages, and expenses (including but not limited to legal/attorney’s fees, and costs of the court) which may be incurred by reason of any claim involving copyright, trademark, credits, publicity, screening, and loss of or damage to the materials entered and/or submitted.

USER INFORMATION

You warrant that all registration information that you provide (User Information) is accurate and complete. You agree to update promptly any User Information as and when it changes, failing which we reserve the right to suspend or terminate your account.

THIRD PARTY LICENSE

By signing this agreement and/or uploading Media to the Site and/or delivering any physical media to us, you grant us non-exclusive license to download, stream and/or deliver such Media for the purpose of providing the Service to our authorized users.

PROHIBITED USE OF SUN FILM FESTIVAL

You may not upload to the Site any Media, or deliver any physical media, that you do not have the copyright and/or right to communicate by telecommunication or that infringes upon any right of any third party. You may not upload to the Site, or deliver any physical media, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

INDEMNITY

You agree to indemnify and hold us and our subsidiaries, affiliates, agents, representatives, employees, directors, officers or partners harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party due to or arising out of any Media you upload to the Site, or any physical media you deliver to us, your use of the Service, your connection to the Service, your violation of these T&C’s or your violation of the rights of any party.  We shall not be responsible for any technical failures of the Content (Eg. audio, video or other).  We are also not responsible for the content of any third party programs, websites and/or other outlets, nor shall we be responsible for the conduct of any third parties in presenting any such programs, websites or other outlets. This conduct includes the editing, altering, or removing of your content for any reason. We make no guarantees about the number of persons who will watch or otherwise be exposed to any such programs, websites and/or other outlets. We will also not be responsible for any unauthorized use of the content including, but not limited to any “leaked” content over the internet. In no event will we be liable to company or any third person for any damages whatsoever direct or indirect arising from any technical failures, shipping mishaps and/or any other reason.

BACKUP YOUR DATA

We do not provide a data backup service, please do not depend on us to keep back up copies of your data (that’s your job). In addition to the content that you upload, allow to be uploaded onto the our website or physical Media you deliver to us, you should ensure that you have several back up copies of your content in several different physical locations.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the Service, or any service we may license your content to, is at your sole risk and that the Service is provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error-free.

TERMINATION

We may terminate this Agreement by giving written notice to you (eg. via email). We may terminate your password, account or your use of the Site or Service, or remove and discard any Media, if  we believe that you have violated or acted inconsistently with the letter or spirit of these T&C’s. We may also at our sole discretion and at any time discontinue providing the Service, or any part of the service. We shall not be liable to you or any third-party for any termination of your access to the Service.

INTELLECTUAL PROPERTY

The Site, the Service, SUN FILM FESTIVAL and the related software and apps are, contain, and/or use intellectual property that we either own or have the right to use. You may not use any of this intellectual property without our prior written consent. The above also applies to any websites or services that we may supply content to.

PROMOTIONAL USE

For promotional purposes you agree to allow us and our authorized users to freely use your image and/or likeness and/or samples of your content to promote our service and it’s authorized users services to potential clients and that no payment is due for the use of this content in promotion and marketing of our services.

MISCELLANEOUS

These T&C constitute the entire agreement between you and us and govern your use of the Service and supersede all other agreements and understandings. You agree that all matters relating to the access to, or use of, the Service or Site shall be governed by the laws of the State of Queensland, Australia and the federal laws of Australia applicable therein.