TERMS AND CONDITIONS OF ENTRY

1.

Entry

To enter your film (Film) into the Tropfest South East Asia 2014 Festival (Festival), which is run by Joe
Sidek Productions Sdn Bhd, registered in Malaysia as No.897447-P (JSP), as manager of Tropfest South
East Asia 2014 (Tropfest), you (Entrant) must:

Complete the Entry Form (http://tropfest.com/sea/submit-2014);

Make a MYR50.00 Non-Refundable payment (Entry Fee) via Paypal;
Upload your film via the Upload Form (upload.sea.tropfest.com);
Entries must be received by Tropfest by Monday 28th October 2013, 6.00pm (Malaysia Standard
Time). Tropfest accepts no responsibility for any Entry Form or film that is late or damaged.

By satisfactorily completing the Entry Form and delivering the Film online, paying the Entry Fee, the Entrant
has applied to enter the Film in the Festival, related competitions and activities and accepts that the
conditions contained in the Entry Form, and in the Entry Guidelines which includes these terms and
conditions (collectively referred to as the Terms and Conditions of Entry) create a legally binding
agreement between Tropfest and the Entrant (Agreement).
2.

Judging of the films

(a) Up to sixteen (16) films will be chosen by Tropfest in its absolute discretion (and without explanation
for films not selected) as finalists for viewing and judging at the Festival (Finalists) on the night of
Saturday, 25th January 2014 or such other date as Tropfest may nominate (Festival Night).
(b) Tropfest will contact the Entrant on or around 2nd December 2013 or earlier if the Film has been
selected as a Finalist.
(c) Tropfest selects a jury to judge the Finalists, which is made up of industry professionals, including
actors, directors, writers, producers and others (Jury). The Members of the Jury watch the Finalist films
live on the Festival Night and score them. Tropfest tallies those results and comes up with an average
score for each film. The highest score wins. The judges are asked to use their own judgement but, in
general, Tropfest instructs the Jury to evaluate the films based on execution, strength of idea, creativity,
expression of the filmmakers talent, and use of the TSI. Budgetary constraints are not part of Tropfests
judging criteria. The Jury may also choose the winners in other categories as determined by Tropfest.
(d) On Festival Night the Jury will select one Finalist as the overall winner of the Festival (Winner), and
the Entrant of the Winner will be awarded a prize (Winner Award).
(e) In the event that the recipient of the Winner Award is under the age of eighteen (18), such Winner
Award will be made payable to the parent, custodian or legal guardian of such recipient.
(f) Any prizes awarded are not transferable or exchangeable.

3.

Important Dates
Each Film must comply with the following dates to be eligible for entry in the Festival:-

th

The Film must be received by Tropfest on or before 28th October 2013, 6pm
(Malaysia Standard Time)
Approx 2nd
If the Film is selected as a Finalist, Tropfest intends to advise the Entrant and request
December 2013
for Additional Materials on or before approx. 2nd December 2013
th
9 December 2013 If the Film is selected as a Finalist, Entrants are required to submit all the required
Additional Materials to Tropfest on or before 9th December 2013
16th December
If the Film is not selected as a Finalist, Tropfest will notify the Entrant of the Films non2013
selection on or before 16th December 2013
th
1
25 January 2014
Festival Night
1
This Festival Night date may be changed in Tropfests sole discretion.
28 October 2013

4.

Entrants Representations and Warranties

The Entrant hereby represents and warrants to Tropfest that:(a) the Entrant has 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 Film was made solely and specifically for the Festival;
(c) the Film complies with the Terms and Conditions of Entry;
(d) the Film has not been, and will not be, available to be viewed by the public by any means, including,
without limitations, by way of the internet, until the Exclusive Licence granted by the Entrant to Tropfest

under clause 5 terminates in accordance with clause 6 or7, if applicable;

(e) the rights (including the intellectual property rights) in the Film have not been, 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 Entrant to Tropfest under clause 5 terminates in accordance with clause 6 or7, if

applicable;
(f) the Entrant 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*;
(g) without limiting Clause 4(e), the Entrant is the sole and exclusive owner, or has the express permission
from the sole and exclusive owner, of the copyright in the sound recordings comprising the soundtrack
of the Film and the music lyrics reproduced in those sound recording*;
(h) all of the performers in the the Film have consented in writing to the use of their performances in the
Film*;
(i) the Entrant 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 Contributors
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 Entrant, and any
person authorised by the Entrant to do so (including Tropfest, its assignees and licensees);
(j) the Entrant has obtained from each Contributor:
- authorization for Tropfest to use the Contributors name and likeness in connection with any
publicity for the Festival and related competitions; and
- an undertaking that the Contributor will perform publicity appearances for the Festival and
related competitions if reasonably requested by the Entrant or Tropfest*;

(k) the Entrant is entitled to grant to Tropfest permission to make use of each and every right referred to in
clauses 5,6 ,7, 8 and 9 (as applicable) and the use or exploitation of the Film as contemplated by the
Terms and Conditions wil not violate the right (including copyright) of any third party;
(l) the Entrant will pay all fees and other charges related to entry of the Film in the Festival;
(m) all details submitted in the Entry Form by the Entrant are true and correct, and the Entrant 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 Entrant in this clause 4;
(n) 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 recording or
other material in which copyright subsists, owned by any third parties and which are used or adapted in
the Film, other than fees that may be payable to local performing rights associations for use of the Film,
after the Festival Night;
(o) 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
(p) the Film is not the subject of any litigation nor is it threatened by any claim or litigation.
* copies of a release form for the purposes of complying with Clause (f), (g), (h),(i) and (j) above can be
obtained from our website www.tropfest.com/sea
5.

General License

In these Terms and Conditions:

Exclusive License means the Entrant grants to Tropfest an 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 fee, pay, terrestrial, cable, and satellite); pay-to-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 videograms, or other analogous home video
technology, 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).
Non-Exclusive License means the Entrant grants to Tropfest a 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; nontheatrical; television (all forms including fee, pay, terrestrial, cable, and satellite); pay-to-view, video-ondemand, subscription-video-on-demand, and near-video-on-demand; home video (all forms including
videocassettes, DVD, Blu-Ray, and all other types of videograms, or other analogous home video
technology, 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).

6.

If the film is not a Finalist

If the Film is not selected as a Finalist for the Festival, the Exclusive License will automatically terminate on
1st March 2014 and all rights granted by the Entrant to Tropfest under Clause 5 will automatically revert to
the Entrant, subject to Entrants sole right and option to grant Tropfest a Non-Exclusive License in
accordance with Entrants election in the Entry Form. If the film is not a Finalist and Entrant does not opt to
grant Tropfest a Non-Exclusive License, neither Tropfest, nor its assignees or licensees, will have any
rights, including copyright, in the Film after the date stated above in this Clause 6.
7.

Finalist Films

If the Film is selected as a Finalist, the Exclusive License granted by the Entrant to Tropfest under Clause 5
will continue in perpetuity.
8.

Dubbing/Subtitling/Editing

The Entrant acknowledges that Tropfest, its assignees and licensees, shall have the right to dub/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.
9.

Name and Likeness

The Entrant authorises Tropfest to use the Entrants name, likeness and biography in connection with any
publicity for the Festival and related competitions and activities, and the Entrant agrees to make best
efforts to undertake publicity appearances for the Festival and related competitions and activities as
reasonably requested by Tropfest.
10. Moral Rights
The Entrant:a) 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 Entrant including to edit, alter and/or
reproduce the work of the Contributors, the Entrant and the Film and the Entrant 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 Laws of Malaysia Act 332
Copyright Act 1987 [Reprint 2001]; and
b) without limiting clause 10(a), authorises Tropfest and its assignees and licensees to do any and all acts
comprised in the Moral Rights Consents.
11. Disqualification
Tropfest may, in its sole discretion, disqualify a Film from the Festival if the Film or Entry does not meet the
entry requirements and/or if Tropfest has reason to believe that a Film does not, for any reason, comply
with the Terms and Conditions. No refund will be issued for entries that are disqualified.
12. Credits
Without limiting the rights granted by Entrant to Tropfest under these Terms and Conditions, the Entrant
must ensure that Tropfest is given a screen credit for any subsequent film or television or other project
produced by the Entrant, or an assignee, licensee or successor of the Entrant, 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 Entrant may agree): Based on the Tropfest short-film entitled _______

13. Indemnification
Entrant agrees to indemnity 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 Entrants agreements, obligations, representations and warranties
under this Agreement, including, without limitation, those representations and warranties made in Clause
4 hereof.
14. Additional Documents
Entrant 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.
15. Remedies
In the event of any breach or alleged breach of this Agreement by Tropfest, Entrants sole remedy will be
limited to the right, if any, to recover monetary damages in an action at law, and in no event will Entrant
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.
16. 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 Tropfests successors,
licensees and assigns. Entrant may not assign this Agreement and any purported assignment thereof will
be null and void from the making thereof.
17. General
The agreement created by the Terms and Conditions of Entry is governed by the Laws of Malaysia as
enforced in Malaysia and the courts of Malaysia in Kuala Lumpur shall have exclusive jurisdiction in
respect of any dispute arising therefrom. The Entrant will do such acts and sign, or caused to be signed,
such instruments as Tropfest may reasonably request for the purposes of this Agreement. Tropfest may
assign or license its interest under this Agreement. The Entrant must not assign or license its interest under
this Agreement. 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. The words and expression used in this
agreement have the meanings given to them in the the Laws of Malaysia Act 332 Copyright Act 1987
[Reprint 2001]. A reference to a film is a reference to a cinematography film. In the case of any
inconsistency between the terms and conditions set out above and any other language contained in the
Terms and Conditions of Entry (as defined in clause 1), the terms and conditions set out above prevail.