Terms and Conditions

Please read the terms and conditions carefully, and if you have any questions feel free to contact the team via wanimate@gmail.com. These Terms and Conditions apply to all Animations entered into 3|Thirty.
We look forward to your submission!

1. 3|Thirty Acceptance Criteria

1.1 All Entrants must agree to these Terms and Conditions as a condition of entry to the 3|Thirty Animation Competition 2023, referred to as 3|Thirty.
1.2 All Animations submitted to 3|Thirty must meet the 3|Thirty Acceptance Criteria in all respects.
1.3 3|Thirty Acceptance Criteria include:

1. All Animations must have been made specifically for 3|Thirty
2. An animation can be submitted into one category only
3. All Animations must include the 3|Thirty ID to confirm to 3|Thirty that the Animation has been made specifically for 3|Thirty
4. Entrants may include the 3|Thirty ID in the Animation submitted in any manner and any interpretation will be accepted
5. The Animation’s first public screening must be at the 3|Thirty Awards Night
6. The Animation must be no shorter than 30 seconds (including titles and credits) and no longer than 45 seconds (including titles and credits)
7. If the Animation has dialogue in a language other than English, the Animation must include English subtitles
8. The Animation SHOULD be submitted in the following formats:

9. 3|Thirty will evaluate in its sole discretion whether the Animation submitted for 3|Thirty meets all Acceptance Criteria
10. 3|Thirty will inform in writing (email) if the Animation has been accepted or not accepted into 3|Thirty. 3|Thirty’s decision as to whether an Animation has met all Acceptance Criteria is final and not subject to any appeal for reconsideration
11. Any Animation not accepted for inclusion into 3|Thirty shall not be used by 3|Thirty for any purpose after the evaluation for Acceptance Criteria concludes
12. The competition categories are as follows:
1. School - open to school students from ages 12 - 18. Entrant can be a single student or a teacher or school representing the students.
2. Higher Education - open to students of TAFEs, Polytechnics, Colleges and Universities. Entrants must be an enrolled student at the time of entering the 3|Thirty competition.
3. Open - open to animation hobbyists and industry professionals.

2. 3|Thirty Animation entry process

Entrants entering animations into 3|Thirty must:

1. Agree to abide by these 3|Thirty Terms and Conditions
2. Complete the 3|Thirty registration form
3. Pay the Entry Fee as outlined on the website. (All Entry Fees are non-cancellable and are non-refundable)
4. Upload the Animation correctly per the provided instructions (wanimate.org.au) by 11:59 PM Australian Western Daylight Time FRIDAY 30^th June 2023
5. 3|Thirty accepts no responsibility for any Entry Form or animation that is submitted after the cut-off date or not uploaded correctly for 3|Thirty or is otherwise damaged

3. Entrants grant 3|Thirty rights to Animations

1. All Entrants agree to grant 3|Thirty the following rights to animations that have been accepted into 3|Thirty;
1. After the Festival Term, a Non-Exclusive License to use, promote and display the animation in perpetuity
2. a right to edit and create derivative works such as clips from the animation

4. Animations submitted but not Accepted to 3|Thirty

1. If 3|Thirty determines that an animation submitted to 3|Thirty is not accepted for entry to 3|Thirty, 3|Thirty shall not seek to retain any further rights to the animation after the initial review for meeting acceptance criteria.

5. 3|Thirty Animation Evaluation Process - the Judging

1. 3|Thirty selects a Judging Panel to judge the Entries, which is made up of industry professionals, including directors, writers, producers and others (3|Thirty Judging Panel).
2. All members of 3|Thirty Judging Panel will be published on WAnimate Website.
3. 3|Thirty will tally the votes from the 3|Thirty Judging Panel and come up with an average score for each Animation.
4. The Animation with the highest average score will win 3|Thirty. In the event of a tie of highest average scores - the judges will be further instructed to evaluate which of the tied animations has used the 3|Thirty ID most effectively to determine a single winner.
5. 3|Thirty has specifically asked each member of the 3|Thirty Judging Panel to use their best judgement to evaluate the animations based on execution, strength of idea, creativity, expression of the Entrant’s talent.
6. 3|Thirty has informed each of the 3|Thirty Judging Panel that budgetary constraints are not part of 3|Thirty’s judging criteria.
7. A complete description of the Winner Award will be included on the WAnimate Website.
8. In the event that the recipient of any Award or Prize is under the age of eighteen years (18), such Award will be made payable to the parent, custodian or legal guardian of such recipient.
9. Any prizes awarded by 3|Thirty are not transferable, exchangeable or redeemable for cash.

6. Entrant’s Representations and Warranties

The Entrant hereby represents and warrants to 3|Thirty that:

1. 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.
2. the Entrant owns or has validly licensed all rights required to create and submit the animation including, but not limited to, all rights from actors, the script and all animation elements including, but not limited to, music.
3. the Animation was made by the Entrant solely and specifically for the Festival;
4. the Entrant and the Animation comply with the Terms and Conditions;
5. the Animation has not been, and will not be, available to be viewed by the public by any means, including by way of the Internet, until the Non-Exclusive Licence granted by the Entrant to 3|Thirty terminates or otherwise allowed by these Terms and Conditions.
6. the Entrant is the sole and exclusive owner, or has permission from the sole and exclusive owner, of the copyright in the sound recordings comprising the soundtrack of the Animation and the music and lyrics reproduced in those sound recordings;
7. all of the performers in the animation or on its sound track have consented in writing to the use of their performances in the animation;
8. the Entrant has obtained from each contributor to the Animation (Contributor), including with respect to the underlying works in the Animation, a written release to use the results and proceeds of the Contributor’s services and/or contributions to the Animation 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 authorized by the Entrant to do so (including 3|Thirty, its assignees and licensees), and such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth) (Moral Rights Consents);
9. the Entrant has obtained from each Contributor:
1. authorization for 3|Thirty to use the Contributor’s name and likeness in connection with any publicity for the Festival and related competitions; and
2. the Entrant is entitled to grant to 3|Thirty permission to make use of each and every right referred to in these Terms and Conditions, and the use or exploitation of the Animation as contemplated by the Terms and Conditions will not violate the rights (including copyright) of any third party;
10. the Entrant will pay all fees and other charges related to entry of the Animation in the Festival;
11. all details submitted in the Entry Form by the Entrant are true and correct, and the Entrant indemnifies 3|Thirty from and against any and all claims and demands made against 3|Thirty, its assignees or licensees, in relation to the guarantees provided by the Entrant in this Section;
12. all residuals or other payments to Contributors in connection with the Animation have been paid, together with the cost of all licenses of all copyright and any Animation footage, musical works, lyrics, sound recordings or other material in which copyright subsists, owned by any third parties and which are used or adapted in the Animation;
13. no part of the Animation 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 Animation will not violate any rights, including copyright or moral rights, of any person, firm, or corporation; and
14. the Animation is not the subject of any litigation nor is it threatened by any claim or litigation.

7. Name and Likeness

The Entrant authorises 3|Thirty to use the Entrant’s 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 3|Thirty.

8. Moral Rights

The Entrant: acknowledges that 3|Thirty, 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 Animation and the Entrant consents to these actions by 3|Thirty, 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 Copyright Act 1968 (Cth); and authorises 3|Thirty and its assignees and licensees to do any and all acts comprised in the Moral Rights Consents.

9. Disqualification

3|Thirty may, in its sole discretion, disqualify an Animation from the Festival without prior notice to Entrant if 3|Thirty has reason to believe that an Animation does not, for any reason, comply with the Acceptance Criteria or otherwise with the Terms and Conditions.

10. Indemnification

Entrant agrees to indemnify 3|Thirty 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 Entrant’s agreements, obligations, representations and warranties under this Agreement, including, without limitation, those representations and warranties made in Section 6 (Entrants Warranties and Representations).

11. Additional Documents

Entrant hereby agrees to execute additional documents 3|Thirty deems necessary or convenient to fully effectuate the grants made to 3|Thirty 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 Animation.

12. Remedies

In the event of any breach or alleged breach of this Agreement by 3|Thirty, Entrant’s 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 Animation, including, without limitation, any advertising, promotion or publicity in connection therewith.

13. Assignment

3|Thirty 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 3|Thirty' s successors, licensees and assignees. Entrant may not assign this Agreement and any purported assignment thereof will be null and void from the making thereof.

14. General

1. The Entrant will do such acts and sign, or cause to be signed, such instruments as 3|Thirty may reasonably request for the purposes of this agreement.
2. 3|Thirty may assign or license its interest under this agreement. The Entrant must not assign or license its interest under this agreement.
3. 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.
4. The words and expressions used in this agreement have the meanings given to them in the Copyright Act 1968 (Cth).
5. A reference to an Animation is a reference to a cinematograph Animation.
6. In the case of any inconsistency between the terms and conditions set out above and any other language used on the WAnimate website or by 3|Thirty, the terms and conditions set out above prevail.

Definitions

Accepted means an Animation which meets the 3|Thirty Acceptance Criteria and which will be amongst the entries considered for inclusion in the 3|Thirty Animation Competition.

Entry Fee means AUD $30.00 (Open category) or AUD $20.00 (Higher Education category) or AUD $10.00 (School category).
Entry Form means the Form the Entrant must complete to enter an Animation to the 3|Thirty Animation Competition which can be located via the WAnimate website.

Animation means the completed work by the Entrant submitted to and accepted by to 3|Thirty. Entrant means the person(s) who created and hold all rights to the Animation and are authorized to submit the Animation to 3|Thirty pursuant to these Terms and Conditions (and their agents and assignees). Reference to a single Entrant includes all Entrants relevant to the Animation. Non-Exclusive License means an Non-Exclusive License in perpetuity, to distribute, license and otherwise promote the Animation, or any part of the Animation, in any and all media for the purpose of promoting the 3|Thirty Animation competition.

3|Thirty Website means http://wanimate.org.au/

WAnimate is a not-for-profit organisation set up to promote animation in Western Australia and the monies from all competition and awards show ticket sales go towards the running of the Animation Competition and the Awards Night.