SBS is issuing an invitation to Australian filmmakers to create a promotional clip summed up in 2 words: "Join in". This project is a call to all Australians to "Join in", by exploring and celebrating what it is to be an Australian in all our richness and diversity.
As well as AUD $30,000 in payments, this is a great opportunity to get your work in front of SBS Marketing and be part of SBS’s latest promotional campaign.
The brief for filmmakers is to creatively interpret SBS's Join in Invitation and create engaging films highlighting what it is to be Australian. You can use this Invitation in your films in part, in full or just as inspiration.
All of us…
Especially together, are better.
Not because we’re the same.
But because we’re all different.
And our differences are everything.
They inspire us.
They influence and improve us.
They make each and every one of us beautiful, rich and rare.
So why sit on the sidelines?
Get out there and embrace our differences.
We’re not asking you to join a revolution.
Just join in.
For without our differences, we wouldn’t be the same.
Your films should be 60 seconds or less and need to be produced in Australia. Feel free to have fun with your film!
Please note that this is not open to SBS staff or their families.
Deadline for submissions is August 01, 2014, 23:59 GMT time.
You have access to a library of licensed music to use in your film via Extreme Music. You can listen to any of the tracks on Extreme Music and find one you want to use in your film. Then just email firstname.lastname@example.org, providing the catalog # and track name, and we will send you the track along with an APRA cue sheet, which you will need to upload with your release forms after uploading your film. You can also download the APRA cue sheet here.
If you choose to use other music, you must provide a release form from the copyright owner(s) granting Genero, SBS and their licensees non-exclusive all media, perpetual rights to use the music (including the sound recording and performances) as part of the clip subject only to rights vested in APRA.
Please note: The music cannot be used for any other purpose than this SBS project and you will need to remove the music and re-upload your film post the Project announcement if you want them to remain on Genero.
Awards & Judging
Winners will be awarded payment in exchange for granting promotional and marketing rights to SBS. 4 winning films will be awarded payments of AUD $5000 and 5 films will be awarded payments of AUD $2000.
SBS will own the winning films and may edit winning films and insert SBS Join in branding as part of the Join in campaign on sbs.com.au, SBS's social media channels and potentially on SBS television.
What's the story?
SBS was founded on the belief that all Australians, regardless of geography, age, cultural background or language skills should have access to high quality, independent, culturally-relevant Australian media. Read more.
What's the story?
SBS was founded on the belief that all Australians, regardless of geography, age, cultural background or language skills should have access to high quality, independent, culturally-relevant Australian media.
The multiple language programs available through SBS Television, Radio and Online ensure that all Australians, including the estimated three million Australians who speak a language other than English in their homes, are able to share in the experiences of others, and participate in public life. The quality of our programs and the multiplicity of our viewpoints come from the freedom we have to draw on the best of all cultures for our programming.
Working at SBS we are bound together by a vision for programs that have meaning and make a difference; we share a passion for what we do and a set of principles that guide our progress.
Being brave, being committed to life-changing programming, makes each of our jobs at SBS harder in some ways, but it also makes the rewards (and the awards) so much sweeter.
Nobody else does it like we do.
The Special Broadcasting Service (SBS) is a rare beast: inclusive, courageous, interested in individuals and trusted by Australians.
Through SBS Radio, SBS Television and SBS Online, we tell the stories of humankind in more languages than any other broadcaster in the world; at last count, 74 languages on radio, more than 60 on television and more than 50 online.
Australia's cultural and creative identity is expansive, shaped by all Australians regardless of their origin or language. SBS is driven by a Charter that demands we "provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians and, in doing so, reflect Australia's multicultural society".
Our charter ensures a commitment to our audience and to making a difference; beyond that, our passion and our drive, our curiosity and creativity force us to think past the mundane into ground-breaking ideas, and quality programs.
"Multicultural" - the new definition
In the 21st century, multiculturalism means more than bringing the cultures of other worlds into your home. It is reflecting back to us the increasingly multicultural spirit of our own community. SBS celebrates diversity and contributes to the social inclusion and cross-cultural understanding of all Australians - linguistically, sociologically and culturally.
By creating an Account, accessing, using or participating in the Genero Services, in any manner whatsoever, you agree to be bound by these Terms, as well as by the other applicable documents specified in Clause 3 below, and by all other applicable operating rules, policies and/or procedures that may be published by Genero from time to time anywhere on the Website including the Project Page, each of which is incorporated by reference and each which may be updated by us from time to time without notice to you. If you do not agree to any of these Terms, do not access or use the Genero Services. You agree that your use of the Genero Services after any such change will be subject to, and you will comply with, the revised Terms subsequent to that change. Please be sure to check the Terms regularly for updates.
In addition, from time to time a Project may include certain additional material terms and conditions (“Additional Terms”) that are unique to that Project and which may supplement these Terms. In such an instance, the relevant Project Additional Terms will be made available on the Project Page for the Project to which they pertain and participation in that Project will be subject to accepting those Additional Terms. By participating in the Project you will be bound by both the Additional Terms and these Terms. If any of the terms in the Additional Terms conflict with these Terms, the terms in the Additional Terms will govern.
In these Terms “User” or "you" or “your” means any person accessing or using the Website or any of the Genero Services. Any User who submits a Video in a Project may also be referred to as “Filmmaker”. Any Filmmaker who makes a Video available in the Marketplace may also be known as a “Seller”, any User who purchases a Video through the Marketplace may also be referred to as a “Buyer”, and any User who runs a Project or makes a Brief available may also be referred to as a “Client”. You acknowledge that you have obtained legal advice or have knowingly declined to do so.
Additional Terms - SBS
1. The promoter of this competition is Genero Media Pty Ltd [ABN ]. All enquiries should be directed to Genero at email@example.com. This is a competition of skill not chance. After review of all entries by Genero the selection of winners will be made by SBS Marketing and is final. No correspondence will be entered into.
2. The open date for the competition is 14 June 2014. Entries close at 23.59 GMT on 1 August 2014. No late or incomplete entries will be accepted. Genero and SBS reserve the right to reject any entry which in our opinion does not comply with the competition terms or is incomplete.
3. You hereby consent to Genero providing your name and contact details to SBS for the purposes of administration of this competition. SBS may contact finalists and winners directly. SBS may also publish your name and bio and any accompanying material provided by you in all media throughout the world for the purposes of the competition.
4. Entry is open to Australian resident filmmakers. You will be required to provide proof of residence (current Australian drivers licence or recent utility bill addressed to you) with your entry form.
5. SBS, Genero Media, or Switch Digital employees and their families are ineligible to enter.
6. Entrants must be over 18.
7. You may enter as many times as you like.
8. All expenses of entering this competition must be borne by you.
9. You will be given the opportunity to use a library of music licensed for this promotion. After the competition you must remove this music if you wish to use the clip elsewhere.
10. You do not have to use the licensed music provided for this competition, but if you choose to use other music, you must provide a release form from the copyright owner(s) granting Genero, SBS and their licensees non-exclusive all media, perpetual rights to use the music (including the sound recording and performances) as part of the clip subject only to rights vested in APRA.
11. Any music used must be recorded in an APRA cue sheet (provided on the Project page) submitted with your entry
12. Do not use any third party copyright material or show any identifiable trademarks in your clip.
13. Each person shown in the clip must sign an unconditional, royalty free all media, worldwide perpetual release for the benefit of you, SBS and its licensees for the use of their appearance or performance in the clip.
14. You must provide a worldwide, all media all rights location release for the benefit of you, SBS and its licensees for any material filmed on private property or in any public area where permits are required (such as by local councils) for commercial purposes.
15. If your entry is selected as a finalist, you hereby permit SBS to upload it online together with your name and any bio and other material you provide, and to distribute these on social media during the judging period and for a post competition period of up to 6 months on a non-exclusive basis.
16. If your entry is not a winning entry, you retain ownership of your clip and, subject to removal of any licensed music provided by Genero for this competition, you may distribute and exploit it as you wish.
17. If you are judged to be a winner or runner up, you will be entitled to payment by Genero Media Pty Ltd of a prize of $5,000 (winner) or $2,000 (runner up) in exchange for granting all rights in your entry to SBS for use in marketing campaigns for the Project. In order to claim your payment you must provide Genero Media Pty Ltd with a valid tax invoice and your bank account details within 14 days of receiving notification from Genero.
18. SBS may edit any winning entry for use in SBS promotional campaigns in all media throughout the world in perpetuity. If SBS wishes to use your entry for broadcast promotional purposes, we will contact you to obtain raw audio and vision files for editing or may advise you on editing the entry to SBS branding and technical standards yourself.
19. SBS reserves the right not to award all winners and may in its discretion choose not to publicise, use or distribute any entry. This competition does not guarantee that any entry will be broadcast on SBS.
Genero offers a range of Services to help Filmmakers grow their careers, whilst generating amazing video content for our Clients. These Terms set out the terms and conditions by which Users, Filmmakers, Sellers, Clients and Buyers may access and utilise the Videos and Genero Services.
Genero Projects allow Filmmakers to produce and upload their own Videos to the Website (as part of the Project). Once uploaded by a Filmmaker, the Videos may be accessed and viewed by Users (in most cases).
At the conclusion of each Project, the Videos not chosen as a Winning Video for that Project shall be made available, without modification, in the Marketplace for viewing and purchase (such Video made available in the Marketplace hereinafter referred to as a “Marketplace Video”). The purchase of a Marketplace Video shall be in accordance with these Terms and pursuant to any additional terms agreed upon between the Filmmaker offering the Marketplace Video (the “Seller”) and the Buyer. When a Marketplace Video is purchased, all Project Assets included in such Marketplace Video must be removed by the Seller as part of the re-editing process and prior to transferring the finished Purchased Video to the Buyer. Your use of the Marketplace and all transactions carried out on the Marketplace are subject to these Terms and the terms of any Video Sales Agreement, and/or any other policy or procedure communicated by Genero to the User from time to time.
Genero Clients can also post Director Briefs on the Website, inviting Filmmakers to submit Treatments in response, in order that the Client may select a Filmmaker for that Brief. Participation in a Director Brief shall be in accordance with these Terms and pursuant to any additional terms agreed upon between the Filmmaker and the Client, and/or any other policy or procedure communicated by Genero to the User from time to time.
Account means an online account with Genero which enables a User to access the Website and Genero Services, and contains certain personal information and registration data provided via the registration page on the Website, which must be kept accurate and up to date as and when necessary.
Additional Video(s) means any Video(s) other than the Winning Video(s) which is purchased from the Filmmaker by Genero for a fee.
Additional Terms means certain terms and conditions that are specific to a particular Project and which are disclosed on the Project Page for that Project and which shall govern if any of the terms in the Additional Terms conflict with these Terms.
Applicable Taxes means any value-added tax, sales tax, goods and services tax or other tax or duty imposed on any transaction entered into through any Genero Services that by local law must be added to any fees charged for the participation, use or purchase related to any Genero Services that must be collected by Genero or by the Seller or Client.
Assets means any information, content, material or property published on the Website or otherwise made available to Filmmakers for the sole purpose of use in their Videos as part of any Genero Services.
Brief means the video requirements set out by a Client on the Website or in a Director Brief, inviting Filmmakers to respond with Treatments.
Buyer means a User that proposes to purchase a Marketplace Video through the Marketplace.
Buyer Offer Amount means the amount offered by the Buyer for purchase of the Marketplace Video.
Buyer Project means the project for which the Buyer wishes to use the Purchased Video.
Buyer Proposal means the details provided by the Buyer to the Seller concerning the Buyer Project.
Client means the brand, agency, artist, record label, management or other entity that is running the Project or Director Brief through Genero.
Contributor means any person other than the Filmmaker who has been involved in the creation of the Video.
Filmmaker means the creator and owner of the Video uploaded to the Website, or otherwise made available, as part of the Project or Director Brief.
Genero means the party who is the owner of the Genero.tv domain, and the Website and Genero Services, and shall include any other party in the future who takes legal transfer of same.
Genero Content means any information, image, sound, data, coding or material published by Genero on or as part of the Genero Services.
Genero Fee means the amount to be deducted from the Video Sale Amount, plus any Applicable Taxes payable, under a Marketplace Video Sales Agreement that is payable to Genero, as specified by Genero from time to time.
Genero Services means the Genero Website, Genero Video Projects, Genero Video Marketplace, Genero Director Briefs, and any other services provided by Genero.
Marketplace Video means a Project Video that has been made available in the Marketplace for sale to Users.
Payment means a cash payment (or non-cash compensation) that is offered to a Filmmaker for participation in Genero Services, including for Projects as set out on the Project Page which sometimes include runner-up and finalist Videos.
Performer means a performer, group or person who appears, either directly or through reference to name or likeness, in a Video.
Project means a project conducted on the Website or as otherwise determined by Genero for its own purposes or for the purposes of another party, under which a Filmmaker may submit a Video.
Project Page means the page published on the Website, or otherwise delivered to a Filmmaker, that sets out the Project particulars, and Project Additional Terms, if any.
Purchased Video means a Marketplace Video that has been purchased and has been re-edited to remove, at a minimum, any and all Project Assets and any other content for which Seller has no rights, and that is satisfactorily completed to the specifications set forth in the Buyer Proposal, so that the video may be used by the Buyer.
Release Form means one or more documents made available by Genero to Filmmakers, and which shall be required to evidence permission and rights to all performers included in the Video, as well as, if applicable, any third-party intellectual property included in a Video, including, but not limited to, any third-party copyrights or trademarks.
Seller means a Filmmaker that created the Marketplace Video available for purchase.
Seller Fee means an amount that is payable to the Seller by Genero which equals the Video Sale Amount after deduction of the Genero Fee (plus any Applicable Taxes).
Seller Initial Price means the amount set by the Seller at the time of making available the Marketplace Video in the Marketplace.
Seller Terms means specific conditions set upon the license or sale of a Marketplace Video by a Seller.
Terms of Service means these Terms.
Treatment means the response submitted by a Filmmaker to a Client’s Brief, using any combination of (but not limited to) words, images, audio and/or video.
Territory means worldwide, unless specified otherwise on the Project Page, the Video License Agreement or the Brief.
User Content means any information, images, comments, or other material or content submitted by a User to the Genero Services.
User, you or your means the party entering into this Agreement by accessing or using the Website and/or Genero Services.
Video means a cinematograph film submitted by a Filmmaker to the Website or otherwise in relation to the Project or any Genero Services.
Video Player means the video player used on the Website and other websites via the embeddable video player.
Video Sales Agreement means a contract entered into by a Buyer with a Seller under which the Seller sells the Purchased Video to the Buyer, on the terms and subject to the conditions set out in the Video Sales Agreement, in return for payment of an agreed upon Video Sale Amount.
Video Sale Amount means the amount agreed upon by the Seller and Buyer to be paid by the Buyer for the Purchased Video, which, along with any Applicable Taxes payable, must be paid to Genero at the time the Buyer Project is accepted.
Website means the Genero website located at http://Genero.tv.
Winning Video(s) means the Video(s) that are selected to receive a Payment in accordance with the Project Page and these Terms.
The following rules of interpretation apply to these Terms, the Website and the Genero Services:
(a) the singular includes the plural and vice versa;
(b) a reference to USD$ is to the currency of the United States (which is the default currency for Payments unless otherwise stated), GBP£ to the currency of Great Britain, EUR€ to the currency of the Eurozone, and AUD$ to the currency of Australia;
(c) headings to clauses are included for the sake of convenience only and shall not affect the interpretation of these Terms;
(d) the word person means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee;
(e) when a Filmmaker, Seller, Buyer and/or Client comprises two or more persons the rights and obligations of such persons pursuant to these Terms shall inure for the benefit of and bind all of them jointly and severally.
3. Priority of Terms
The terms and conditions associated with the use of the Website and/or the participation in or purchase of any Genero Services, and other related activities, are governed by a number of separate documents which work in isolation or in combination as required, and include, in order of priority, the following:
(a) The Additional Terms (relevant to Projects);
(b) The Project Page (relevant to Projects);
(c) These Terms;
(d) The Release Forms;
(e) The Video Sales Agreement (relevant to the Marketplace);
(f) The Brief (relevant to Briefs); and
(g) Any other commercial agreement entered into by Genero with a party other than a Filmmaker necessary to facilitate and conduct any Genero Services.
4.1 In order to fully utilise and participate in any Genero Services, User will be required to open an Account with Genero. User must notify Genero immediately if they believe their registration details, Account details, or Account password has been compromised. Genero will not be liable for losses User incurs as a result of any security breach on a User's Account, however, if User becomes aware of such breach and does not notify Genero, Genero may hold user liable for losses Genero incur as a result of such security breaches.
Any breach of these Terms by Users, including any attempt to circumvent any payment or security measures of the Website, or providing false information, may lead to User’s Account being terminated at the discretion of Genero.
Genero reserve the right to introduce Account fees without notice.
5. User Content
5.1 Users may only submit User Content to the Genero Services for which User has full rights, and only in accordance with these Terms.
5.2 User shall have sole and complete responsibility for any User Content that they submit, including any and all liability that may result from such User Content.
5.3 Genero does not endorse or support any User Content, including, but not limited to, any opinion, recommendation, or advice expressed in any User Content, and expressly disclaims any and all liability in connection with such User Content.
5.4 Genero may remove any User Content, in whole or in part, if Genero suspects that such User Content infringes or may infringe a party’s intellectual property rights or any other rights, including personal rights. In addition Genero reserves the right to remove any User Content upon receiving notice that such User Content is or may be infringing the notifying party’s intellectual property and/or personal rights.
6. Warranties by User
6.1 User hereby understands, represents and warrants that User:
(a) will not copy or distribute any content accessed via the Website or Genero Services to which User does not have rights, including Genero Content, any third party User Content, Assets and/or Videos, in any medium whatsoever without Genero's express prior written consent;
(b) will not copy, reproduce, distribute, transmit, sell, alter or modify any part or technology of the Website or Genero Services, including visual elements or code;
(c) will not access or use any part of the Website or Genero Services through any means or technology not expressly provided to you by Genero;
(d) will not use the Website or Genero Services for any use at all other than expressly specified herein without the express written consent of Genero; and
(e) is 18 years of age or older, or possesses legal parent or guardian consent if either aged 13 or over or otherwise considered a minor in Your jurisdiction of legal residence.
6.2 Certain information submitted by the User when creating a Genero Account may be made available to other Users or Clients in the ordinary course of provision of the Genero Services, such as the identification of Buyers to Sellers, Clients to Filmmakers, etc., notwithstanding any privacy or other laws or telecommunications regulations which would otherwise restrict Genero from making a disclosure of the identity of the User.
7. Warranties by Filmmaker
7.1 Genero has the right to request and obtain copies of any Release Forms, authorities, permissions, transfers, assignments, waivers, licenses, proof of ownership, or other documents required under these Terms.
7.2 Genero takes no responsibility for lost, damaged, misdirected, unusable or unreadable submissions, or technical issues with the Website.
7.3 Filmmaker hereby understands, represents and warrants that Filmmaker:
(a) may be required to participate in a photo call, media interviews, as well as general promotional and publicity activity of Genero or its Client;
(b) may be required to provide identification and proof of age;
(c) is responsible for all and any Applicable Taxes, third party costs, charges and expenses in relation to Your Video and Your obligations under these Terms;
(d) acknowledges that many ideas or stories submitted or created by other Filmmakers, Genero or Client may be competitive with, similar or identical to Your Video in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of any use of any such similar or identical material, and You hereby release Genero and Client from any and all claims relating thereto;
(e) at no time will disparage or make any action or statement that harms Genero’s or Client’s reputation or business;
(f) is not permitted to represent yourself at any time as an agent, employee, lessee, sub-lessee, partner or joint-venture partner of Genero or Client, and no employer-employee relationship exists between You and Genero or Client;
(g) is the creator and copyright owner of the Video and entitled to submit the Video on your own behalf and on behalf of each Contributor and each other joint owner of the Video;
(h) possesses all executed Release Forms necessary to authorize Genero to use the Video as contemplated herein, including from each Performer, artist, location, musician, prop, model, IP owner, or other necessary rights clearances as required in these Terms, and if requested, You shall supply original fully executed physical copies of all Release Forms within three (3) days of receiving such notification, with you bearing sole responsibility for the form and adequacy/accuracy of the releases, assignments, permissions and also identification collected (Release Forms must be used as supplied at http://genero.tv/faq-checklist-release-forms). For clarity, you are not required to provide a Release Form for the Assets appearing on the Website for the Project;
(i) has all necessary licenses, rights, consents and Release Forms, each of which are irrevocable and transferrable to Genero, and you hereby authorise Genero to use all trade mark, trade secret, copyright or other proprietary rights in and to each Video submitted by you;
(j) is entitled to grant Genero each of the rights relating to the transfer, use and treatment of the Video submitted by you, and Genero’s use of those rights will not violate the rights of any third party (including copyrights, trademark and trade dress rights, database rights, trade secrets, moral rights, intellectual-property rights, industrial rights, and any other proprietary rights arising under the laws of any jurisdiction), and if requested you shall provide to Genero a written confirmation of such rights;
(k) is 18 years of age or older and entitled to enter into this agreement with Genero;
(l) is entitled to be the sole recipient of any Payment due hereunder in relation to the Video or of any other payment flowing from the Genero Services, and that Genero shall have no additional liability to you or to any other party relating to the Payment or other award, if any, after remittance of same to you; and
(m) is solely responsible for each Video that You submit and the consequences of posting or publishing such Video on the Website including, but not limited to, any copyright infringement.
7.4 Filmmaker hereby understands, represents and warrants that their Video:
(a) and Your performance of these Terms are not subject to the requirements or obligations of any union, guild, or similar association;
(b) may be the subject of review, by the public, and as such may be the subject of comments or other reactions posted on the Website or elsewhere and that Genero is not responsible for any such review or comment or any consequences relating thereto;
(c) does not impersonate any person or entity (including by using any celebrity look-a-likes or sound-a-likes), or falsely state or misrepresent any affiliation with any person or entity;
(d) does not contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libellous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable;
(e) does not depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate;
(f) does not advertise or promote alcohol, tobacco, firearms, gambling or feminine hygiene products (unless the Genero Services instruct you to);
(g) does not endorse any religious or political cause or candidate;
(h) does not contain any personally identifying or other personal information about you or any other person;
(i) does not contain any confidential information, or any material, non-public information about any company;
(j) does not contain gang signs or symbols;
(k) is factually accurate to the extent the Video purports to represent facts;
(l) does not contain any information or instruction that might be injurious to any person’s physical well being; and
(m) does not contain any unlawful, obscene, scandalous, or inappropriate picture, gesture, statement or language, or material of any kind.
Genero Video Projects
8. General Project Terms
8.1 Genero does not permit, encourage or condone intellectual property infringement, and will remove any Videos found to be infringing on another's intellectual property rights. Unless provided as a free download on the Website as part of the Project or you have approval to use it on the Project Page or as part of the Project terms herein, You must own all copyright, trademark or other intellectual property rights within the Video (other than the Assets) including, without limitation any song, music, soundtrack, lyrics, image (moving or still), logo or brand, and artwork, or must have legally acquired a valid and current license to any copyright, trademark or other intellectual property incorporated in your Video that includes the unrestricted right for you, and any future owner, to use and transfer or license such copyright, including commercial use, in perpetuity, and without any fee. Because the intention for a selected Video is to be used commercially, and the ownership rights to the selected Video are to be transferred to the Client, we generally do not accept the use of stock or public domain footage, although we do reserve the right to apply discretion. We require that your Video footage is original, created and owned by you, and rights able to be transferred in full to the Client in the event your Video is selected.
8.2 Genero may, in its absolute discretion, edit, postpone, or cancel a Project without any liability to You; including not selecting winners or finalists (including but not limited to where no Videos were of sufficient quality), not fulfilling Payments, and not publishing or judging Videos.
8.3 Nothing in these Terms obliges Genero or Client to:
(a) publish the Video;
(b) publish the Video for any particular amount of time;
(c) not remove the Video at any time as it sees fit; or
(d) use the Video in any commercial or official capacity.
8.4 Genero may or may not publish Your Video at its absolute discretion. Reasons for Genero not publishing your Video include but are not limited to:
(a) the Video being of insufficient technical, creative or production quality;
(b) because Genero deems, in its sole discretion, that it contains: explicit content, illegal content, offensive content, inappropriate content, infringing content on another party’s intellectual property rights, or is otherwise contrary to law; or
(c) because You have not met Your obligations under these Terms, the Project Page, or any Project guidelines as published on the Website, or otherwise made available, from time to time. No responsibility is taken for lost, damaged, misdirected, unusable or unreadable submissions, or technical issues with the Genero Services.
8.5 The opening and closing dates/times for each Project shall be listed on the relevant Project Page on the Website. Genero reserves the right to alter the Project opening & closing dates/times in its absolute discretion. All dates/times are Greenwich Mean Time (GMT) unless stated otherwise. It is Your responsibility to translate back to Your local time zone. Your Video will not be accepted if it is not submitted by the closing date/time. Genero reserves the right, at its discretion, to accept late submissions, eg. where a Filmmaker has had technical problems and not been able to submit by the deadline.
8.6 All winning and some finalist Filmmakers will be required to supply a high resolution file of Your Video on physical media via mail, or uploaded electronically (at our discretion) within 5 days of finalist/winner announcement. Failure to do so may result in Your Video being withdrawn by us as a finalist or winner and no Payment awarded. For broadcast specification guidelines, please refer to this URL, which is subject to each Client’s individual requirements - http://genero.tv/faq-videos/#2196.
8.7 Non-cash Payments awarded under a Project are not transferrable, exchangeable or redeemable for cash, and unless expressly stated otherwise on the Project Page, non-cash Payments are as described and do not include or imply anything else including (but not limited to) flights, travel, accommodation, transfers, spending money, insurance, Applicable Taxes or shipping.
8.8 Genero may charge any postage, handling or transfer fee to deliver Payments (including all transfer fees or charges for cash Payments), or arrange for a similar Payment (determined at Genero’s sole discretion) that is closer to your residence in lieu of what You may have received.
8.9 Unless stated otherwise, Genero will pay cash Payments (at Genero's discretion) to your PayPal or Payoneer account. All cash Payments are subject to any applicable fees, charges or currency exchange fees. Genero reserves the right to make cash Payments via alternate methods, at its complete discretion.
9.1 To the extent that Assets are available on the Website to be downloaded for the Project, You are only entitled to reproduce and exploit the underlying copyright works in the Assets for the sole purpose of creating and submitting Your Video for that Project.
9.2 You hereby acknowledge and agree that there is no transfer, license or other grant of rights to You in respect of such Assets other than as specifically provided for in these Terms.
9.3 Other than as relates to any further use as part of the Genero Services, You must immediately cease all use of Assets and return or destroy all copies of Assets at the Project close date mentioned on the Project Page.
9.4 Unless provided as a free download on the Website as part of the Project, You must have legally purchased any Assets (including songs) for use in Your Video, and they must be cleared for commercial use without any fees, limitations or restrictions.
10. Rights in Relation to Each Video
10.1 By submitting or uploading Videos on the Website, You hereby grant to Genero in perpetuity and throughout the Territory, a non-exclusive, irrevocable, assignable, sub-licensable, royalty-free license:
(a) To host, post, stream, upload or otherwise on the Website and any website; and
(b) the right to use, re-produce, alter, adapt, monetise, broadcast, publish and communicate the Videos to the public, in all media now known or hereafter devised.
10.2 Upon submitting a Video You also grant Genero the right to:
(a) submit the Video for inclusion in events which may or may not charge fees for entry tickets;
(b) include Your Video, or any part thereof, as part of any media (physical, electronic or otherwise) which may or may not be sold by Genero, or a third party;
(c) edit or modify such Video at any time and in any way at its sole discretion, including but not limited to broadcasting the Video in different formats for mobile devices, television, cinema, festivals or other reasons as Genero sees fit; and
(d) earn advertising, sponsorship and other forms of revenue from Your Videos on the Website and other websites, which may be displayed and not limited to, before or after Your Video plays, and superimposed over Your Video.
10.3 Upon submitting Your Video, in the event that Your Video is selected as a Winning Video or Additional Video and in consideration of the Payment(s), You hereby irrevocably agree to assign all rights, title, and interest in the Video to Genero or its nominee or Client (at Genero’s discretion). This includes all things associated with ownership of personal property, which without limitation includes granting Genero or its nominee or Client the exclusive rights throughout the world in perpetuity to manufacture, distribute, promote, advertise, sell, lease, license or otherwise exploit commercially the Video in all media and technologies now or hereafter known, including the right to communicate the Video to the public and to license all such rights to third parties in its absolute discretion.
10.4 Upon submitting Your Video, you must not post, publish, upload, transmit or otherwise disclose the Video to any other party, or any work incorporated into the Video, until the Project has ended and the Winning Video has been announced. You may however embed Your Video using the Genero embed code from the Video Player or use the direct URL link or sharing tools provided to the Video on the Website once Your Video has been published.
10.5 Notwithstanding the clause immediately above, you are permitted to use your Video for self-promotional purposes (i.e. your showreel). For avoidance of doubt, You are not permitted to use your Video for any commercial or monetising purposes. If your Video was not approved and published on Genero, you are not permitted to post your Video to any other websites, or deal with it in any way.
10.6 Upon submitting Your Video, you must not deal with (including license, assign, transfer or sell), or post, publish, upload, transmit (or otherwise disclose to any other party) the Video or any work incorporated into the Video, until each of the following have occurred:
(a) The Project has ended; and
(b) The Winning Video has been announced; and
(c) 14 days after the Winning Video has been announced You have not been notified that Your Video is the Winning Video or an Additional Video.
10.7 Subject to any restrictions herein, for all Videos other than the Winning Video and any Additional Videos, Filmmakers retain the rights to their original video footage to the exclusion of any Assets or other copyright or non-original material, which must be removed prior to using or dealing with the Video for any further purpose other than those expressly granted herein.
Genero and Client have the right to:
(a) select a Filmmaker and their Video as finalists or winners;
(b) disqualify a finalist or winning Filmmaker and their Video if the Filmmaker has not complied with these Terms, and set aside the relevant Video from the Project;
(c) disqualify a Filmmaker if their Video collects views, comments, votes or any other activity using automated tools or disposable email addresses, or any similar method;
(d) supplement a finalist or winner with any other Filmmaker and their Video in place of a disqualified Filmmaker and their Video; and
(e) purchase any non-Winning Video for a fee not exceeding 20% of the cash Payment awarded to the Winning Video, each an Additional Video.
11.2 Genero will announce finalists and winners on the Website and attempt to make contact via email using the details provided in Your Account. Finalists and winners must respond to Genero’s contact attempts within 2 days of notification. Genero accepts no responsibility for being unable to reach You if these attempts are unsuccessful, and reserve the right to withdraw Your finalist or winner position and select alternative finalists or winners.
Genero Video Marketplace
12. Warranties and Acknowledgement
12.1 User hereby acknowledges, warrants and represents that:
(a) User will not use the Marketplace, User’s Genero Account, the Marketplace Videos, or any content in the Marketplace Videos or in the Marketplace, dishonestly, fraudulently, for illegal purposes or for any use at all other than expressly specified herein without the express written consent of Genero.
(b) User will not complete, or attempt to complete any commercial transaction between Users outside of the Marketplace, including but not limited to the offer or supply of Marketplace Videos or any other User creative content, current or historical, made through the Marketplace.
(c) User will not distribute any part of content accessible via the Marketplace (other than User’s Marketplace Video) in any medium whatsoever without Genero's express written consent.
12.2 User hereby acknowledges that access to the Marketplace is intended solely for viewing and/or purchasing Marketplace Videos in accordance with these Terms, and that the Marketplace Videos or other information stored in the Marketplace is provided “as is” and may not be downloaded (unless explicitly allowed for under these Terms), copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genero.
13. Marketplace Video Representations
13.1 Sellers shall make available Marketplace Videos pursuant to the instructions found on the Marketplace homepage and in accordance with these Terms.
13.2 Any Marketplace Video that includes Project Assets must have all such Project Assets removed in their entirety before the Marketplace Video may be sold, re-edited and transferred to Buyer as a Purchased Video, or otherwise used outside the Marketplace in any way.
13.3 Seller is solely responsible for any and all content included in their Marketplace Video, and for removing all Project Assets from the Marketplace Video before it is sold, re-edited and transferred to a Buyer or otherwise used by a Buyer as a Purchased Video.
13.4 By making a Marketplace Video available in the Marketplace, Seller represents and warrants that, other than as to any Project Assets included therein (which will subsequently be removed as per above clauses), the Marketplace Video does not contain content that violates the rights of any third-party, including any third party copyright, trademark, or patent, or a person’s right of privacy/publicity, or other personal or proprietary rights of any third party, and that Seller has all necessary rights and permissions from any Contributors and/or Performers in order for Seller to grant the rights to Genero and Buyer as contemplated hereunder.
13.5 Genero does not endorse any Marketplace Video, and content, opinion, recommendation, or advice expressed in any Marketplace Video uploaded by Seller, and, expressly disclaims any and all liability in connection with such Marketplace Video.
14. Purchasing a Marketplace Video
14.1 Obligations of Seller
(a) When making available a Marketplace Video to the Marketplace, a Seller shall specify: (i) the Seller Offer Amount; and (ii) any Seller Terms. Such Seller Offer Amount and Seller Terms may be changed by the Seller at any time prior to a valid offer being accepted for the Marketplace Video.
(b) The Seller Terms may include, but shall not be limited to, the following: (i) the permissible uses of the Marketplace Video, including territory of use, and/or restrictions on usage set by the Seller; (ii) whether the Seller requires any special conditions to be agreed by the Buyer.
(c) A Seller must not include in any Marketplace Video any material which is or may be defamatory, racially, religiously or sexually discriminatory or vilifying, offensive, in breach of a duty of confidentiality or privacy owed to anyone, in breach of the moral rights of an author of the image, in breach of any contract or otherwise unlawful.
14.2 Obligations of Buyer
(a) Buyer shall offer to purchase a Marketplace Video by issuing a Proposal for the use of the Purchased Video to Seller.
(b) The Proposal may include, but need not be limited to, the following: (i) the proposed uses of the Purchased Video, including territory; (ii) whether the Buyer requires any special conditions to be agreed by the Seller, such as exclusivity or specific limitations on re-use of the Marketplace Video or Purchased Video; (iii) the deadline for the satisfactory completion and delivery of the Purchased Video; and (iv) whether the Buyer requires the Proposal to be treated as confidential by the Seller.
14.3 Acceptance of the Proposal / Counter-Offer
(a) The Seller shall have the option to accept or decline the Proposal. In the alternative, the Seller may issue new Seller Terms under which the Marketplace Video may be purchased.
(b) If the Seller accepts the Proposal, the Buyer will be asked to agree to the terms of a Video Sales Agreement, entered into between the Seller and the Buyer, and which shall specify the following: (i) the agreed Video Sale Amount; (ii) the Buyer Project details; (iii) the proposed usage, exclusivity, etc.; and (iv) other conditions required before a Marketplace Video may become a Purchased Video.
(c) If the Buyer has required the Proposal or Buyer Project to be treated as confidential, the Seller shall agree to the terms of any Non-Disclosure Agreement accompanying the Proposal.
(d) Seller and Buyer understand and agree that the Video Sales Agreement shall be deemed to have been entered into as between only the Buyer and Seller and shall be apart from these Terms or the supply of the Marketplace Video in the Marketplace. Each of the Seller and Buyer acknowledges and agrees to be bound by the terms of the Video Sales Agreement into which they have been entered, including to the terms as to usage and other special conditions to which both the Seller and the Buyer have agreed.
(e) Unless otherwise separately agreed to in writing by Genero, Genero is not and will not be a party to the Video Sales Agreement between the Buyer and Seller and shall bear no liability whatsoever to either the Seller or the Buyer in relation to any aspect of the sale of the Marketplace Video or Purchased Video.
(f) Both the Seller and Buyer are obliged to work together in good faith to complete the Marketplace Video for use in the Buyer Project.
(g) Under no circumstances will a Buyer or a Seller seek to make any direct approach to one another outside of the Marketplace with respect to the Marketplace Video or other similar video, for the purposes of avoiding operation of these Terms or payment of the Genero Fee. This provision shall not prevent Buyer and Seller from directly communicating for purposes of finalizing any sale initiated through the Marketplace, and/or finalizing any Buyer Project.
15. Marketplace Fees and Charges
15.1 The Buyer acknowledges, confirms and agrees that the costs to be incurred by the Buyer for the Marketplace Video are as follows: (a) upon the Seller agreeing to participate in the Buyer’s Project, the aggregate Video Sales Amount for all Marketplace Videos purchased, plus any Applicable Taxes payable, will be payable by the Buyer to Genero via the designated payment method.
15.2 If the Buyer reasonably rejects the final Purchased Video, and does not allow the Seller an opportunity to cure, then the Video Sales Amount minus Genero’s Fee will be refunded to the Buyer via a payment form of Genero’s discretion. Genero’s Fee shall not be refundable.
15.3 The Seller acknowledges, confirms and agrees that: (i) within a period of 30 days after Buyer marks the Buyer Project as “complete”, Genero will credit the Seller whose Purchased Video has been accepted by the Buyer an amount equivalent to the Video Sale Amount less the Genero Fee and any Applicable Taxes; (ii) that any Applicable Taxes Seller is required by law to collect will be included in any price or offer amount.
15.4 Seller agrees that Genero will be paid the Genero Fee and is entitled to deduct the Genero Fee prior to issuing payment to the Seller.
15.5 Each of the Seller and the Buyer acknowledge, confirm and agree that: (i) Genero may, in the sole and absolute discretion of Genero, increase, decrease, modify, alter, introduce or remove any fee charged by Genero, either permanently or temporarily; (ii) Genero will provide 30 days notice to existing Sellers for any prospective change of the Genero Fee or any other fees charged by Genero, and these changes will only affect transactions that take place after the 30 day notice period has elapsed; (iii) unless otherwise stated all fees are in United States dollars.
Genero Director Briefs
16. General Director Brief Terms
16.1 Genero provides Briefs to facilitate the connection of Filmmakers with Clients and vice versa. After a Client has chosen a Filmmaker to work with via the Brief, Genero does not get involved in the ongoing communication or video production, and has no liability for any element of these activities, or the use of or participation in the Brief.
16.2 Genero highly recommends that the Parties agree all detail via a formal contract before proceeding, including (but not limited to) budget (refer to 16.5), location, timing, talent, insurance, video specifications and all other deliverables. Whilst Genero will endeavour to help where it can, Genero does not and will not mitigate or arbitrate in the case of any dispute between the Parties.
16.3 Genero may remove a Brief, at its sole discretion, if it believes it is fraudulent, or the Filmmaker is at risk of not being paid.
16.4 Genero reserves the right to promote completed Briefs and their Videos on the Website.
16.5 The total budget for a Director Brief must be paid in full by Client to Genero on selection of a Filmmaker's treatment. Genero will then pay the selected Filmmaker once the final video is completed to the Client's satisfaction, minus Genero's management fee.
17. Client Warranties
17.1 Client hereby acknowledges, warrants and represents that:
(a) You have the total budget to pay Genero as specified when creating a Brief;
(b) The Brief describes the video requirements as accurately as possible and in enough detail so the Filmmaker can determine if the payment they will receive is sufficient (payment a Filmmaker will receive is displayed on the create brief page, which is the total budget minus Genero's management fee);
(c) The Brief will not be substantially modified, once agreement with the Filmmaker has been reached, unless the Filmmaker agrees to such modifications;
(d) Client owns or obtained all permissions to any music or Assets provided to Genero or Filmmaker as part of the Brief;
(e) Reference checks, and any due diligence pertaining to Filmmaker have been requested and checked prior to selecting them;
(f) All Treatments (including other communication and responses, including emails) are confidential, and may only be shared within the Client’s team;
(g) All Treatments are protected by Copyright and owned by the Filmmaker. A treatment and a resulting Video will only be transferred to the Client if it is paid for in full to Genero.
(h) No Filmmaker will be commissioned until the deadline contained in the Brief has passed; and
(i) It is the Client’s responsibility to request Release Forms of the filmmaker and check them to the Client’s satisfaction.
18. Filmmaker Warranties
18.1 Filmmaker hereby acknowledges, warrants and represents that:
(a) All information contained within your Genero Account and Treatment response is true and correct, and does not mislead any person or entity in any way;
(b) By submitting a Treatment you will complete the Video in accordance with the Client’s requirements and within the Filmmaker payment amount specified;
(c) Filmmaker, Performers and Contributors (including director and producer team members) named in the Treatment or any communication that forms part of your response, are the persons that shall be used, unless otherwise agreed with Client;
(d) Reference checks and any due diligence requests by Client have been satisfied before proceeding; and
(e) Release Form requirements as per these Terms and any other release form requirements of the Client have been met.
19.1 User, Filmmaker, Seller and Buyer hereby indemnify Genero and Client upon; (i) any use, participation or purchase related to any Genero Services including submission of each and every Video, and (ii) submission of each and every piece of Content, and will keep Genero and Client indemnified against any and all actions, suits, claims, demands, proceedings, losses, damages, special damages compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of or relating to your breach of any terms governed by these Terms, or use of the Video by Genero, Client or Buyer. You hereby irrevocably waive any right to seek or obtain an injunction, rescission or termination of these Terms, or any rights hereunder.
19.2 User hereby indemnifies Genero against any loss or damage suffered in the event that any Video, Content or information submitted by User and provided on the Website is incorrect or in any way misleading.
19.3 User hereby indemnifies Genero against any loss or damage suffered in the event that any aspect of the Website or Genero Services does not function as intended for any reason beyond the reasonable control of Genero and particularly in connection with: service interruptions caused by an internet service provider; an internet connection; any fault or deficiency in computer hardware or software; any fault or deficiency in audio/visual hardware; any fault or deficiency in website code.
19.4 Should Genero in its sole discretion, determine that User has breached these Terms, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
20. Exclusion, and Limitation of Liability
20.1 The Website and Genero Services are provided "as is" and without representations or warranties of any kind to User, whether express or implied, including without limitation:
(a) the quality and/or fitness of the Website or Genero Services for a particular use;
(b) as to accessibility or warranties that access or use of the Website or Genero Services will be uninterrupted or error-free;
(c) that the Website, Genero Services, and/or the Content will be secure or free of viruses or other harmful material or elements; or
(d) that any of the Content will be correct, accurate, timely, complete, or free of any third party claims.
20.2 Genero expressly disclaims any responsibility for the Videos displayed on the Website or made available as part of any Genero Services, and by using the Website or any Genero Services, Users agree that Genero shall have no responsibility for any Video (including any content in any Video) that infringes the copyright or other intellectual property rights of any third party or for any Video that is deemed to be offensive, discriminatory or misleading to Users in any way whatsoever.
20.3 Where Genero provides links to other websites, it does so for information and convenience purposes only. Genero has no control over, and shall not be responsible for any such website and/or the content thereof.
20.4 Genero reserve the right to discontinue or remove any part, Content, Video or functionality of the Website or Genero Services at any time and without notice.
20.5 Genero reserves the right to alter, modify, add to or change in any way, any provision of these Terms and may, in its absolute discretion, limit or expand the Genero Services available via the Website without giving prior notice to User.
21. Copyright Infringement - US Notice and Take Down Procedures
The United States Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials in the Website or found in a Video infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Website a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for further information. Our contact for copyright issues relating to this Website (including the notices and counter-notices) is firstname.lastname@example.org. Please note that there are penalties for false claims under the DMCA.
22. Assignment of Rights
22.1 Genero may transfer, assign, novate or otherwise deal with any of its rights under these Terms to another party without notice to You.
22.2 You are not permitted to assign any part of these Terms without Genero’s prior written consent.
23. Governing Law and Jurisdiction
23.1 These Terms and use of the Website and Genero Services are governed by the laws of Victoria, Australia.
23.2 By accessing or using the Website or Genero Services, User submits to the exclusive jurisdiction of the Victorian Courts in Australia for any dispute that relates to the Website, Genero Services, or these Terms.
23.3 Users are solely responsible for compliance with any applicable laws of the country from which they access the Website or Genero Services.
Last Updated 14th March 2014,
© 2014 Genero, all rights reserved.