1. By completing an entry form and delivering it to the MovieFest Charitable Trust at 84 High Street, Dannevirke by Friday 29th July 2022, the Producer has applied to enter one Movie in the 2022 MovieFest Charitable Trust competition and accepts that the conditions contained in this entry form create a binding agreement between the MovieFest Charitable Trust and the Producer.

2. The MovieFest Charitable Trust may, in its absolute discretion, and without giving reasons, select the Movie for the last judging round of the finalists for viewing on the days of 1 October 2022 or such other date as the MovieFest Trust may nominate. Any prizes awarded are not transferable, replaceable or redeemable.

3. If the Movie is not Selected for the Festival, the MovieFest Charitable Trust will, on or before 24 September 2022, notify the Producer and make the Movie available for collection by the Producer after 25 September 2022 until 27 October 2022, after which time the Movie may be disposed of by the MovieFest Charitable Trust.

4. The Producer makes the following guarantees to the MovieFest Charitable Trust:
(a) the Movie was made by the Producer specifically for the Festival;
(b) the Movie complies with the “Guidelines for Entry” contained with the entry form;
(c) the Movie has not been, and will not be prior to the Festival Day, viewed by the public by any means;
(d) the rights (including intellectual property rights, eg copyright) in the Movie have not been, and will not be prior to the Festival Day, assigned or licensed (ie given away or permitted to be u sed) to any party other than the MovieFest Charitable Trust;
(e) the Producer is entitled to reproduce and exploit all of the underlying rights (for example the script and music) in the Movie by including these in the Movie;
(f) all the actors in the Movie have consented in writing to the use of their performances in the Movie;
(g) the Producer is the owner, or has permission from the owner, of the copyright in the sound recordings comprising the soundtrack to the Movie and the works (ie lyrics and music) reproduced in those sound recordings;
(h) the Producer has obtained from each contributor to the Movie a written consent to their work being edited, altered and/or reproduced, in any manner or context, by the Producer, and any person authorised by the Producer to do so (including the MovieFest Trust), and such consents have been obtained to the full extent permitted under the Copyright Act, 1994 (Moral Rights Consents);
(i) the Producer has obtained from each contributor to the Movie authorisation for the MovieFest Charitable Trust to use the contributorʼs 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 MovieFest Charitable Trust
(j) the Producer is entitled to grant to the MovieFest Charitable Trust permission to make use of each and every right referred to in clause 5 below and the use or exploitation of the Movie as contemplated by this entry form will not violate the rights (including copyright) of any third party;(k) the Producer will pay all fees and other charges related to entry of the Movie in the Festival;
(l) all details in this entry form are true and correct; and
(m) the Producer indemnifies the MovieFest Charitable Trust against any and all claims made against the MovieFest Trust in relation to the guarantees provided by the Producer in this clause 4 of the entry form.

5. Subject to clauses 6 and 7, in consideration of the MovieFest Charitable Trust reviewing the Movie for the purpose of the Movie being Selected for the Festival, the Producer grants an exclusive license in New Zealand to the MovieFest Trust (whether or not the Movie is Selected for the Festival) to do any and all of the acts now or subsequentlycomprising the copyright in the Movie, including;
(a) all such acts in connection with any Movie festival conducted or participated in by the MovieFest Charitable Trust;
(b) to include or embody the Movie in another Movie produced by the MovieFest Charitable Trust or an assignee or licensee of the MovieFest Charitable Trust and in respect of which the MovieFest Charitable Trust or its assignee or licensee will own or license any or all rights, being:
(i) a collection or compilation of Movies seen in public at any Movie festival conducted or participated in by the MovieFest Charitable Trust; or
(ii) a Movie comprising Movies, or parts of Movies, seen in public at any such festival;
(c) to communicate the Movie to the public by any means including, but not limited to, by means of the Internet, cable, satellite, and by any media now existing or subsequently devised; and
(d) without limiting the generality of paragraph (c) above, to communicate the Movie to the public by any means at, from or otherwise in connection with any movie festival conducted by the MovieFest Charitable Trust.

6. Notwithstanding clause 5, if the MovieFest Trust notifies the Producer that the Movie is not Selected for the Festival, the licence granted to the MovieFest Charitable Trust in clause 5 of this entry form will become a non􏰀 exclusive licence, and all remaining rights will revert to the Producer, on 25 September 2022 (or such other date as the MovieFest Trust may notify the Producer that the Movie has not been Selected). However, a Produce whose Movie has not been Selected for the Festival may request the MovieFest Charitable Trust to terminate the non exclusive licence granted in this clause 6 of this entry form by writing to the MovieFest Charitable Trust, identifying the Movie and requesting such termination, and the MovieFest Charitable Trust must, upon such request, immediately terminate the non􏰀exclusive licence granted in this clause 6 and notify the Producer in writing. 􏰁pon the Producer receiving such written notification from the MovieFest Trust, the licence of the Movie to the MovieFest Charitable Trust will be terminated and neither the MovieFest Charitable Trust nor any assignee or licensee of the MovieFest Charitable Trust will have any rights, including copyright, in the Movie.

7. Notwithstanding clause 5, if the Movie is Selected for the Festival, the Producer may, after the Festival Day, enter the Movie in other movie festivals, but only for the purposes of the Movie being viewed on other Movie festival days and not for any other purpose. The Producer may, however, request that the MovieFest Charitable Trust grant non􏰀exclusiverights to the Producer or exclusive rights in the Movie to a third party in any territory by writing to the MovieFest Charitable Trust requesting such consent and providing details of the proposed arrangement or agreement with that third party. The MovieFest Charitable Trust will, having regard to any arrangements and agreements that the MovieFest Charitable Trust has or may have with other parties in relation to the Movie, not unreasonably withhold its consent to such request.

􏰃8. Notwithstanding anything contained in this entry form, the Producer will not grant any rights in the Movie to any person:
(a) prior to the Festival Day; or
(b) where the grant of such rights would put the MovieFest Charitable Trust in breach of any agreement or arrangement made known to the Producer by the MovieFest Charitable Trust or which the Producer ought to be aware.

􏰄9. The Producer authorises the MovieFest Charitable Trust to do any and all acts comprised in the Copyright Act, 1994, Part I􏰂 (Moral Rights Consents).

1􏰆0. The Producer authorises the MovieFest Charitable Trust to use the Producerʼs name and likeness in connection with any publicity for the Festival and related competitions, and the Producer agrees to undertake publicity appearances for the Festival and related competitions as reasonably requested by the MovieFest Charitable Trust.

11. The agreement created by this entry form is made in New Zealand and is governed by the non􏰀exclusive jurisdiction of the courts of New Zealand. The Producer will do such acts and sign, or cause to be signed, such instruments as the MovieFest Charitable Trust may reasonably require for the purposes of this agreement. The MovieFest Charitable Trust may assign or license its interest under this agreement. The Producer must not assign or license its interest under this agreement. 􏰅here any party comprises more than one person, a reference to that party includes each such personseverally and all such persons jointly. A reference to a person includes a body corporate.

The singular includes the plural and vice versa. The words and expressions used in this agreement have the meanings given to them in the Copyright Act, 1994 unless expressly stated to the contrary in this agreement. A reference to a 􏰇Movie􏰇 is a reference to a 􏰇cinematograph Movie􏰇. In the case of any inconsistency between the provisions of this entry form and any other language contained in this document, the provisions in the entry prevail.