Village Cinemas Australia Pty Ltd (“Promoter")

UNSCENE Short Film Competition (“Promotion")

Terms and Conditions

CONDITIONS OF ENTRY

1. Information on how to enter the Promotion and details of the prize form part of these Conditions of Entry.
2. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry. The Promotion is open to individuals who:
1. Are residents of Australia; and
2. Have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter
3. Are over 18 years of age
4. Have not already produced or directed a short film which has been made with full or part financing from a government film financing agency. (“Entrants")
3. By entering this Promotion, Entrants agree to be bound by these Conditions of Entry.
4. The Promoter reserve the right to verify the validity of entries and to disqualify any Entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry.
5. It is a Condition of Entry that Entrants can accept the prizes as stated.
6. All prices stated are in Australian dollars. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (“AEST") or Australian Eastern Daylight Saving Time (“AEDT") depending on the date. All times are stated using the 24-hour clock.

HOW TO ENTER

7. To enter the Promotion, Entrants will be required to:
1. Produce a short film that adheres to the theme “Excess" (“the Film"). The Film can be a drama, comedy, documentary, mockumentary, experimental or any hybrid of these forms.
2. Submit a film of a maximum of 5 minutes (including credits) and which must adhere to the Conditions of Entry and Privacy Policy (“Entry").
3. Upload the completed film via Vimeo onto the micro site: www.unscenefilms.com.au (“Promotion Website") between Monday 1 July, 2019 at 09:01 AEST and Wednesday 16 October, 2019 at 23:59 AEST.

ONLINE VOTING

8. The voting system will be as follows:
1. From Monday 21 October, 2019 each Entry will be available to view through the Promotion Website where online voting will commence.
2. A person can only cast one vote during the Promotion.
3. Voting closes on Friday 1 November, 2019 at 23:59 AEDT.
4. The winner of the online poll will gain automatic entry into the finals.
5. Additional Entrants to the finals will be judged by a panel of representatives from Village Cinemas and Swinburne University.
6. A panel of representatives from Village Cinemas, Swinburne University and industry will select the winners (“Judging Panel").
7. The final winner and second and third place winners will be announced on Thursday 5 December 2019 at an invitation only gala evening event.
9. Any costs associated with accessing the Promotion Website is the Entrant's responsibility and is dependent on the Internet service provider used.
10. Any costs associated with the making and production of the Film is the Entrant's responsibility.
11. No responsibility will be taken by the Promoter for any ineligible or lost entries or entries submitted or received by the Promoter after the closing date.
12. Entries that do not comply with these Conditions of Entry, are incomplete, or submitted or received by the Promoter after the closing date, will not be accepted.

KEY DATES

13. The Promotion commences on Monday 1 July, 2018 at 09:00 (AEST) and concludes on Friday 1 November, 2019 at 23:59 (AEDT) (“Promotion Period").
14. Entries close Wednesday 16 October 2019 at 23.59 AEDT.
15. The online voting for the shortlisted finalists will commence on Monday 21 October, 2019, 10.01 AEDT.
16. The online voting for the shortlisted finalists will end on Friday 1 November 2019 at 23.59 AEDT.
17. A shortlist of finalists will be announced on Friday 8 November, 2019.
18. The winners of the Promotion will be announced by the panel of judges at the Gala Event held on Thursday 5 December, 2019 at Rivoli Cinemas, Hawthorn, Victoria.
19. UNCLAIMED PRIZE: The Promoter reserve the right to choose new winners in the event of an Entrant failing to comply with these Conditions of Entry or forfeiting or not claiming the prize by Monday 14 January, 2020. If any prize remains unclaimed by that date, the Promoter will select a new winner and notify the winner via email or phone.

ENTRY REQUIREMENTS & WARRANTIES

20. Only one Entry into the Promotion per Entrant is permitted to be submitted to the Promotion Website: www. unscenefilms.com.au.
21. The Entrants each warrants:
1. the Film submitted is original
2. they are the owner and producer of the Film and entitled to submit it for this Promotion
3. they hold all rights, titles and interests (including copyright) in the Film.
4. they have received written permission including but not limited to: use of images; all music whether background or featured; use of people's identity; intellectual property rights of other rights owners to use their material in the Film including but not limited to footage, stills, artwork, quotes.
5. all necessary talent release forms and consents from anyone appearing in the Film have been duly obtained. The Entrant shall provide copies of any or all such documents upon request from the Promoter.
6. all contributors to the Film have consented to the use of their contributions to the Entrant.
7. the Film complies with the Conditions of Entry.
22. The Entrant must ensure that the Film:
1. Complies with all applicable laws and regulations.
2. Is not offensive, racist, pornographic or defamatory.
3. Does not infringe the intellectual property rights (including moral rights) of any person.
23. The Entrant grants the Promoter the exclusive right to display, use, play, promote the Film for a period of 5 years following the completion of the Promotion.
24. The Promoter reserves the right in their sole discretion to disqualify any Entrant or Entry at any time.

VERIFICATION

25. The Promotion may be subject to verification by the Promoter.
26. All Entrants MUST also deliver to the Promoter (by a means reasonably determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win the Promotion, including but not limited to evidence of age, residence or identity (“Additional Documents").
27. The Promoter may make one or more requests for Additional Documents. Once the identity of Additional Documents is established, an Entrant must deliver requested Additional Documents within 7 days of being asked to do so.
28. At the Promoter's request, an Entrant MUST also, within 7 days of being asked to do so, allow the Promoter to inspect a copy of the original of any Additional Documents.
29. The Promoter may, in their absolute discretion, disqualify any Entrant and declare any or all entries made by an Entrant invalid if an Entrant:
1. Tampers with the entry process, including use of any automated entry software or any other mechanical or electronic means that permit the Entrant to enter or vote repeatedly; or
2. Tampers with the operation of the Promotion or web site or is/are found to be using multiple aliases, household addresses or email addresses; or
3. Acts in a disruptive manner; or
4. Fails to establish their entitlement to enter the Promotion to the Promoter's reasonable satisfaction; or
5. Fails to produce items as required or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
6. Utilise software to acquire, or purchases votes from a third party provider
7. Acts in violation of these Conditions of Entry.

ENTRY DETAILS

30. Entrants can only enter in their own name and be involved in the Direction of one Film entered in the Promotion.
31. The Entry must contain the official end frame available to download from the Promotion Website
32. An Entry is deemed to be received at the time of uploading the Film onto the Promotion Website.
33. Entrants will receive a confirmation email upon successful receipt of their Entry.
34. Incomplete, illegible or incorrect Entries, Films which are not in the required format or which the Promoter deems to contain offensive or defamatory material, or which breaches or may breach any law or infringe any third party rights, including intellectual property rights, will not be accepted as an Entry and will therefore not be eligible to win a prize.

MAJOR PRIZES

35. There are three major prizes available to Entrants. The winners will be selected by the Judging Panel.
• First Place Prize Details:
• $10,000 Cash
• 1 x URSA Mini Pro 4.6K G2 - valued $9,105
• 1 x URSA Viewfinder - valued $2,285
• 1 x Shoulder Mount Kit - valued $605
• 1 x VLock Battery Plate - valued $149
• The First Place Film to play in selected Village Cinema locations foyer video walls for six months Total maximum retail value of the First Place Prize is: $22,144 (AUD).
• Second Place Prize Details:
• $2,000 Cash
• 1 x Pocket Cinema Camera 4K - valued $1,975
• The Second Place Film to play in selected Village Cinema locations foyer video walls for six months Total maximum retail value of the Second Place Prize is: $3,975 (AUD).
• Third Place Prize Details:
• $1,000 Cash
• 1 x DaVinci Resolve Studio - valued $465
• 1 x DaVinci Editor Keyboard (new product) - valued $1,515
• The Third Place Film to play in selected Village Cinema locations foyer video walls for six months Total maximum retail value of the Third Place Prize is: $2,980.
36. Prize values are accurate as at Wednesday 22 May 2019.
37. The Promoter accept no responsibility for any change in prize value between now and the end of the Promotion Period.
38. The winner is not entitled to receive any money from any party if there is a difference between the maximum prize value and the actual prize value at the time of the draw.

PRIZE CONDITIONS

39. Prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
40. The Promoter accept no responsibility for any variation in the value, performance, or availability of any element of the prize.
41. The Promoter reserve the right to amend or substitute the advertised prize for a prize of equivalent or greater retail value if, for any reason beyond the Promoter's control, the Promoter is not able to give the prize winner the advertised prize, subject to State legislation. Any incidental costs relating to the prize are the responsibility of the winner.
42. As a condition of accepting a prize, the winners must sign any legal documentation as and in the form required by the Promoter including but not limited to:
1. a legal release and indemnity form (clause 16); and
2. an irrevocable, exclusive licence to the Promoter concerning the use and display of the Film at the Promoter's discretion without any compensation (other than the Prize) for 12 months from the Promotion start date.
43. In the event any element of the prize outlined in the above is cancelled or postponed for any reason, that element of the prize will be forfeited and no cash or alternative offer will be granted in lieu.
44. The Promoter, in their absolute discretion, at all times reserve the right to:
1. Prevent any winner and/or their companions from participating in the Activity if, at any time, they reasonably believe that they pose a safety risk or for any other reason; and/or
2. Cancel the Activity if the conditions are deemed dangerous.

PRIZE WINNERS

45. The prizes will be awarded based on the Judging Panel's decision and ON CONDITION that the Additional Documents satisfy all of the requirements of the Promoter's verification tests and procedures. Verification and procedures are determined by the Promoter in their absolute discretion.
46. If a winner selected is deemed not to comply with the Conditions of Entry of this Promotion, their entry will be declared invalid and the Judging Panel will determine a new winner.
47. To the full extent permitted by law, the Promoter, their associated companies and agencies exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any prize winner in connection with the Promotion or the prize, including:
1. any indirect, economic or consequential loss or loss of profits;
2. any loss arising from the negligence of the Promoter, their associated companies and agencies;
3. any liability for personal injury or death.
48. The Promoter accepts no responsibility for any tax implications that may arise from the prize. Independent financial advice should be sought by the winner.
49. The Promoter, other entities associated with the Promotion and their related bodies corporate, and each of their officers, employees and agents shall not be liable for and shall be held harmless in respect of any loss, damage, or injury whatsoever which is suffered (including but not limited to direct or consequential loss) or sustained, as a result of or arising from the winner's acceptance and use of the prize, except to the extent that any such liability cannot be excluded by law.
50. Entry details remain the property of the Promoter. Acceptance of the prize is deemed to be acceptance by the winner of these Conditions of Entry and approval to use the winner's Film, name and photograph for publicity purposes.
51. The winner may be required to participate in media interviews and/or other promotional engagement as determined by the Promoter.

GENERAL

52. If the Promotion does not run for its duration due to, but not limited to, computer viruses, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the Promoter's control that corrupts or affects administration, security, fairness or proper conduct of the Promotion, the Promoter reserves the right in their sole discretion to disqualify any individual who tampers with the entry process. The Promoter will not be responsible for:
1. Malfunction, delay or traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website;
2. Failure of any Entry to be received by the Promoter as a result of those matters; nor
3. Any injury or damage to Entrants or any other person related to or resulting from participation in the Promotion or downloading any materials relating to the Promotion.
53. The Promoter accept no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
54. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter's ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in their absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
55. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the Entrant for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of claims.
56. The Promoter reserves the right in their sole discretion to disqualify any Entrant or Entry who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
57. The Promoter assume no responsibility for:
1. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; or
2. any technical difficulties with the Entry mechanism and does not warrant that the Entry mechanism will be available at all times; or
3. any theft, destruction or unauthorised access to, or alteration of such communications; or
4. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion
58. Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

PERSONAL INFORMATION

59. The Promoter collects personal information about Entrants to include Entrants in the Promotion and where appropriate award any prize. If the personal information requested is not provided, the Entrant may not participate in the Promotion.
60. Personal information may also be accessed by the Promoter's marketing and website service providers for the purpose of processing and conducting the Promotion.
61. By entering the Promotion, each Entrant agrees that the Promoter may use Entrants' personal information in this manner. Entrants can also request to gain access to, update or correct any personal information by contacting the Promoter in accordance with the privacy policy. Entrants wishing to opt in to the Promoter's marketing communications can also use the address below. All personal information will be stored at the office of the Promoter.
62. All Entrants' personal information may be disclosed to State and Territory lottery departments and winner's names published as required under the relevant lottery legislation. 50. The Promoter is Village Cinemas Australia PTY LTD (ABN 36 006 735 002) Jam Factory Complex, 500 Chapel St, South Yarra, VIC 3141.