EARPFEST SHORT FILM FESTIVAL TERMS & CONDITIONS

 

Google Document of T&Cs

1. The EarpFest Short Film Festival (ShortFest) is a short film festival competition administered
and sponsored by EarpFest. Selected festival entries will be featured on the EarpFest
YouTube Channel for the duration of the Festival. The EarpFest Short Film Festival will be
featured at EarpFest Glasgow 2020. A film is selected through the submission process, by a
panel of judges who evaluate the submission.
2. The judges will award prizes (as set out in the Materials). The prizes are not transferable nor
exchangeable. If a prize is unavailable for any reason, the EarpFest Short Film Festival may
substitute another item of equal value as determined by the festival management team.
3. Entering the EarpFest Short Film Festival does not guarantee that you will win a prize or
derive any other benefit. The prizes are awarded at the sole discretion of the panel judges.
We are not responsible in any way for the decisions, actions, or conduct of the judges. Our
decisions (and those of the judges) in respect of all aspects of the EarpFest Short Film
Festival are final.
4. To enter the EarpFest Short Film Festival, you must fully complete and submit the online
application form by the due date in the application materials. By doing so, you agree to be
bound by these terms and conditions. If you are under 18 years of age, you must have your
parent or guardian submit and sign the application form on your behalf.
5. By submitting an application, you:
(a) agree to make your film submission available to the EarpFest Short Film Festival in the
requested format and by the submission deadline as determined by festival management.
(b) agree to authorize the EarpFest Short Film Festival to host your content for access by
EarpFest users on its supported streaming application platforms for the duration specified in
conjunction with the EarpFest Short Film Festival in Glasgow 2020.
(c) agree that the scope of availability of the selected submitted content on the EarpFest
Platform is at the sole discretion of EarpFest , with respect to platform channel, region of
distribution, device-specific platform applications, application versions, or specific streaming
hardware devices the application platform supports within the period of film festival.
(d) agree that all digital content submissions and related backup copies of any media featured
under this agreement will be distributed under the platform brand and trademark known as
“EarpFest” and will be physically removed from all storage media in its entirety upon
completion of the period of the festival.
(e) agree that your submitted film is royalty-free within the terms and conditions of this
agreement. Copyright owners shall not be entitled to monetary consideration in whole or in
part for the use of the film on the EarpFest Platform in conjunction with the EarpFest Short
Film Festival within the terms and conditions of this agreement.
(f) declare that all resources used in your film are copyright free.

(g) warrant that you have the clear authority to enter this agreement and further represent and
warrant that you own all clear right, title, and interest in your submitted film in connection
with its use on the EarpFest Digital Distribution Platform and that by submitting this film for
festival consideration and potential access on the platform, there is no infringement of any
third-party rights.
6. You must meet your own costs of preparing and featuring your submission.
7. If any aspect of the EarpFest Short Film Festival is not capable of running as planned due to
factors beyond our control, we may in our sole discretion cancel, terminate, modify or
suspend the competition.
8. We may disqualify you from the EarpFest Short Film Festival if you:
a. breach these terms and conditions;
b. breach any applicable law;
c. are party to any act or thing prejudicial to our goodwill, commercial reputation or
overall public image.

Release and waiver

9. We may require that you provide us with photographs or video, or allow us to photograph or
video you, free of charge, to prepare promotional or other material for the purpose of or
related to EarpFest Short Film Festival, you agree that copyright in the Media Materials is
the property of the EarpFest Short Film Festival.
10. You give us unrestricted and irrevocable right to use and publish the Media Materials or
reproductions or adaptations or modifications thereof in all forms and media including print
and internet including social media for marketing, advertising or any lawful purpose for or
related to EarpFest Short Film Festival.
11. You release us from any and all claims, actions, demands, suits, liabilities, damages,
expenses and obligations of any kind arising from or related to our use of the Media
Materials.

Limitation of liability and indemnity

12. Without excluding, restricting or modifying the rights and remedies to which you may be
entitled under law, or our liabilities under those provisions:

a. we are not liable to you for any cost incurred or loss or liability you suffer in any way
in relation to EarpFest Short Film Festival.
b. you acknowledge that the details of EarpFest Short Film Festival are set out in the
online submission materials and are subject to change at the sole discretion of the
EarpFest Short Film Festival with or without notice to you and that we do not make
any warranty or representation as to: (i) the suitability of the Competition to your
circumstances; (ii) the suitability of judges; (iii) your prospects of winning a prize;
(iv) the effect of the Competition on your film; or (v) any other thing related to the
EarpFest Short Film Festival.
c. we exclude all other implied terms and warranties, whether statutory or otherwise,
relating to EarpFest Short Film Festival and the subject matter of our agreement
with you.
d. we will not be liable to you for indirect and / or consequential loss arising from or
connected to our agreement with you in contract, tort, under any statute or
otherwise (including, without limitation, for loss of revenue, loss of profits, failure to
realize expected profits or savings, loss of intellectual property, breach of confidence
or any other commercial or economic loss of any kind) unless such loss arises as a
result of our own wilful misconduct.
e. our liability to you for loss or damage of any kind arising out of our agreement with
you or in connection with the relationship established by it is reduced to the extent
(if any) that you cause or contribute to the loss or damage. This reduction applies
whether our liability is in contract, tort (including negligence), under any statute or
otherwise.

13. You indemnify us in relation to any loss caused by:
a. a breach by you of this agreement and these terms and conditions; or
b. any action by a third party against you or us in relation to your use of copyrighted
material in relation to the Synimatica Short Film Festival.

General

14. A party’s failure or delay to exercise a power or right does not operate as a waiver of that
power or right.
15. You acknowledge that you have not relied on any warranty or representation other than
those found in the Materials.

16. If any part of these terms and conditions is invalid or unenforceable, this agreement does
not include it. The remainder of the terms and conditions continue in full force.

Privacy Notice

So you can participate in the Competition (and we can administer it), we may collect certain
personal information about you through the application form, these terms and conditions, or our
contractors or agents. Without this information, we will not be able to process your application and
you will not be able to participate in the Competition. We will manage your personal information in
accordance with EarpFest Privacy Policy (synimatica.com/privacy). This sets out how you may access
and correct your personal information, or make a complaint

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