01st Annual

03:59 WebFest

October 22, 2011 to November 25, 2011

Add to Watchlist Qualify this Project
International
Film
Video
Short
Feature
Competition
Film Market
Submit Online
PO Box 2121
Cape Town Western Cape 8000
South Africa
Phone: +27 21 671 2418
Fax: +27 86 5 44 6401
fraser@amonline.co.za
http://www.359.amonline.co.za

HARD-TO-GET INFO • An event by this name may exist, but we have not been able to find even basic information about it. The listing remains available for your reference.

Standard Short
Standard Short is for all films produced using regular camera/video recording equipment and edited in post production software.
CellShot
CellShot is open for entries for films shot on cell phone cameras. Entries must still be in 16:9 aspect ratio. Editing in post production software is permitted.

MISSION & OBJECTIVE

03:59 WebFest is an online festival aimed at fostering and developing creative talent through short film.

By making the creation and broadcast of short film within reach of previously disadvantaged communities through the CellShot category, the festival endeavours to identify emerging talent.

It also allows seasoned filmmakers to create within loose but well defined boundaries.

ABOUT THE FESTIVAL

03:59 WebFestl takes its name from the accepted length of the films submitted for entry. Entered films must be exactly 03min 59secs long, including titles and credits. It has to be completely original, having had no previous public screenings in any format. It must also contain the Compulsory Scripted Inclusion (CSI).

The CSI is there to encourage the filmmakers and can heavily influence the finished product or the film may only have tiny, subtle references to it. It is up to the filmmaker to interpret the CSI as they see fit. For 2011 the CSI is TANK

With two categories open for entries, one for films made on cell phones, anyone who has ever wanted to produce a film now has that opportunity.

ORGANIZERS

Fraser Dodge (Mr.); Fraser Dodge (Mr.); Fraser Dodge (Mr.)

GENERAL RULES

03:59 WebFest TERMS & CONDITIONS OF ENTRY
a.k.a. The Small Print

Most of the application process is pretty self-explanatory – at the end of the day all you need to do is:
• complete our Withoutabox online entry form (located at www.withoutabox.com); and
• deliver your film to 03:59 WebFest online before 5pm on Friday 16th
September 2011.

Make sure your entry is received at 03:59 WebFest HQ no later than the stipulated date – otherwise it won’t be accepted.

It is important you understand the terms and conditions of entry before you submit your entry. It is also important that you realise 03:59 WebFest is all about showcasing your work to as wide an audience as possible, both within South Africa and internationally, above and beyond the Festival night. In order for us to do this, there are some legal requirements that need to be understood. If at any time there is something you don’t understand email us for further information.

As part of 03:59 WebFest’s commitment to showcasing the work of new filmmakers, each of the 20 finalists’ films exhibited at the Festival (Finalists) may also be broadcast by one or more of the broadcasters available on one or more of its channels. In addition, Films which are not Finalists at the Festival may also be chosen by the organisers to be broadcast.

Your film has to meet all of the criteria set out in the terms and conditions. The terms and conditions comprise of the document headed ‘Terms and Conditions of Entry’, but also include any information contained on the Withoutabox entry form and in the Entry Guidelines (including the FAQ) (Terms and Conditions). When you complete and submit the entry form you are ‘signing’ a legal contract that tells us your film complies with all of the Terms and Conditions see Point 4(b) of the Terms and Conditions. The Terms and Conditions may seem boring but it is imperative that you understand them so that you do not run into trouble later. Please don’t make the mistake of only reading this guide; read the full Terms and Conditions too.

Now to the specific points in the Terms and Conditions:

1. It is imperative that you, the Producer, must have made your film specifically for
03:59 WebFest 2011 and it must not have been made available to or been viewed by any members of the public (this includes online viewing), before the Festival night, Saturday 22 October 2011, or after the Festival night and before 31 December 2011. You also must not have given or give permission for anyone else to use your film in any way before the Festival, and until 03:59 WebFest notifies you in writing that it has not chosen your film for the Festival or for Broadcast (see points 4 (a), (c) and (d) of the Terms and Conditions).

2. Points 4 (e) – (j) of the Terms and Conditions requires you to obtain written permission from each of the contributors who worked on your film or who contributed to works included in your film even if existing before your film (e.g. music) to do what you like with their contribution or performance.

The reason you need this permission is so you (and 03:59 WebFest) can edit or change their contribution or performance as you see fit AND that you (and 03:59 WebFest) can sell or show your film anywhere without restriction and use each contributor’s name or picture for publicity connected with your film. This is very important as we cannot have any problems with the film once selected: e.g. if your film is selected as a finalist, we need to know that all of the contributions which make up your film can be included in our Festival program. We have release forms available you can download them from our website. You can adapt these forms for use by ALL contributors in your film. You should always try and have cast and crew (and other contributors) sign release forms prior to the start of production – it is easier since most contributors will be in the one place and you don’t have delays tracking them down later on.

3. It is important to us that your film is seen as widely as possible following the Festival. 03:59 WebFest acts as a sales agent to represent your film in South Africa and in the overseas markets if it is a Finalist or selected for Broadcast. This will give 03:59 WebFest an opportunity to enter into arrangements to give your film maximum exposure.

4. Point 5 of the Terms and Conditions gives 03:59 WebFest exclusive rights to your film (i.e. an “Exclusive Licence”) regardless of whether your film is Short Listed, a Finalist or selected for Broadcast.

This means that neither you nor any other distributor, acting on your behalf, will be able to either use or sell your film and that 03:59 WebFest solely represents your film in South Africa and internationally. This allows 03:59 WebFest Pty Ltd to, for example, grant rights in (license) your film to other WebFests in a package of finalists, in a compilation of films to screen at another WebFest, or individually for exhibition on the Internet, cable, satellite, television etc without anyone else also granting the same rights in your film (Exclusive Licence).

These are examples only.

This Exclusive Licence will change to a non-exclusive licence or terminate as set out in the table below.

This non-exclusive licence means that 03:59 WebFest can use and grant rights in your film as above however, you or any distributor may also do the same (Non-Exclusive Licence).

If the Film is not Short-Listed, not a Finalist and not selected for Broadcast:
The Exclusive Licence will terminate on 31 December 2011 and all rights will revert to you. 03:59 WebFest will no longer have any rights (including copyright) in your film.

If the Film is Short-Listed but not a Finalist and is not selected for Broadcast:
The Exclusive Licence will terminate on 31 December 2011 and change to a Non-Exclusive Licence until 16 September 2014.

If the Film is a Finalist or a CELLSHOT Film Category Finalist:
The Exclusive Licence will terminate on 25 May 2012 and change to a Non-Exclusive Licence until 30 June 2015.

If the Film is not a Finalist but is selected for Broadcast (whether or not it is Short-Listed):
(a) unless (b) or (c) below applies, the Exclusive Licence will terminate on 25 May 2012 and change to a Non-Exclusive Licence until 30 June 2015.
(b) If the Film is Short-Listed but is not Broadcast by 30 December 2011, the Exclusive Licence will terminate on 31 December 2011 and change to a Non-Exclusive Licence until 16 September 2014.
(c) If the Film is not Short-Listed and is not Broadcast by 30 December 2011, the Exclusive Licence will terminate on 31 December 2011 and all rights will revert to you.

5. Point 10(a) of the Terms and Conditions (about the possibility of editing or altering your film) may cause alarm – but don’t panic! This clause is there because there are practical considerations that have to be made when broadcasting a short film on, for example, commercial television or downloading a short film to a mobile telephone. 03:59 WebFest will try to preserve the integrity and continuity of your film. However, exploitation of your film in various media may mean your film could be ‘edited’ or ‘altered’, for example, by removing the film’s credits and running them at the end of a television broadcast instead of at the end of your film. This is simply a practical compromise which may be employed to gain wider distribution of the festival films.

That’s basically it – see, it’s not all that bad! Please remember we are always available to go through all the above info with you and answer questions you may have.

FOR UPDATES ON 03:59 WEBFEST ACTIVITIES, REGISTER YOUR DETAILS ON THE 03:59 WEBFEST SOCIAL GROUP ON OUR WEBSITE WWW.AMONLINE.CO.ZA


TERMS AND CONDITIONS

TERMS & CONDITIONS OF ENTRY

As the producer of the film, you (producer) must understand and agree to the terms & conditions of entry outlined below.

1. Entry

To enter your film (Film) into the 03:59 WebFest 2011 festival (Festival) which is run by Absolute Magazine Publishers Pty Limited (03:59 WebFest), you (Producer) must:

• correctly complete the entry form located at www.withoutabox.com (Entry Form); and
• submit the Film online in the form set out in ‘Entry Materials and Checklist’ by no later than 5pm on Friday 16th September 2011.

By completing the Entry Form and delivering the Film, the Producer 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 the FAQ and these terms and conditions (together, the Terms and Conditions) create a legally-binding agreement between 03:59 WebFest and the Producer.

The Producer must make a copy of the Film before delivering copies to 03:59 WebFest as copies of films will NOT be available for collection from 03:59 WebFest after the Festival.

2. Judging of the films

03:59 WebFest may, in its absolute discretion and without giving reasons:

(i) short-list the Film for the last judging round for selection of the finalists for the Festival
(Short-Listed); and/or
(ii) select the Film from the Short-Listed films as a finalist for viewing and judging at the Festival (Finalist) on the night of Saturday 22 October 2011 or such other date as 03:59 WebFest may nominate (Festival Night); and/or
(iii) even if the Film is not Short-Listed or a Finalist (as the case may be), select the Film for broadcast, transmission, retransmission, communication, distribution, or display (Broadcast) on any channel selected by the organisers as a medium of distribution.

Judging of the CellShot Category Films

03:59 WebFest may, in its absolute discretion and without giving reasons:

(i) short-list a mobile Film for the last judging round for selection of the finalists for the Festival (Short-Listed) and for the CELLSHOT Film Category; and/or
(ii) select the mobile Film from the Short-Listed films as a finalist for viewing and judging at the Festival (Finalist), and the CELLSHOT Film Category on the night of Saturday 22 October 2011 or such other date as 03:59 WebFest may nominate (Festival Night); and/or
(iii) even if the mobile Film is not Short-Listed or a Finalist (as the case may be), select the Film for broadcast, transmission, retransmission, communication, distribution, or display (Broadcast) on any channel selected by the organisers as a medium of distribution.

Any prizes awarded are not transferable, exchangeable or redeemable for cash.

3. Important Dates

Each film must comply with the following dates to be eligible for entry in the Festival:

16 September 2011
Entries Close. The Film must be received by 03:59 WebFest by 5pm on 16 September 2011.

07 October 2011
If the Film is a Finalist, 03:59 WebFest will advise the Producer on or before 07 October 2011.

07 October – 23 December 2011
Any film entered into the Festival may be selected by the broadcast partner for Public Broadcast.

12 October 2011
If the Film is a Finalist, 03:59 WebFest requires the Producer to provide the additional materials, as set out in the ‘Finalist Requirements’ in the Guidelines, on or before 12 October 2011.

18 October 2011
If the Film is selected for broadcast, 03:59 WebFest will advise the Producer on or before 18 October 2011.

22 October 2011
Finalist Presentation Event
Festival launched with Festival Screening
Public voting opens
26-28 October 2011
Labia/Bioscope screening nights

18 November 2011
Voting closes

18-24 November 2011
Results Audited

25 November 2011 Festival Awards Night
Venue to be decided

30 December 2011
If the Film is not selected for Broadcast, 03:59 WebFest will advise the Producer on or before 30 December 2011.

1 January 2012
03:59 WebFest may dispose of any additional materials at its discretion.

4. Guarantees of the Producer

The Producer guarantees to 03:59 WebFest that:
a) the Film was made by the Producer specifically for the Festival;
b) the Film complies with the Terms and Conditions;
c) the Film 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 Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 terminates in accordance with clause 6, 7, 8 or 9;
d) the rights (including the intellectual property rights) in the Film have not been, and will not be, assigned, licensed or otherwise granted, in whole or in part, to any person other than 03:59 WebFest, until the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 terminates in accordance with clause 6, 7, 8 or 9;
e) the Producer is entitled to reproduce and exploit all of the underlying works in the Film by including these in the Film*;
f) without limiting clause 4(e), the Producer is the owner, or has permission from the owner, of the copyright in the sound recordings comprising the soundtrack to the Film and the music and lyrics reproduced in those sound recordings*;
g) all of the performers in the Film have consented in writing to the use of their performances in the Film*;
h) the Producer has obtained from each contributor to the Film, including to the underlying works in the Film (Contributor), a written consent to do or omit to do anything which may infringe any and all moral rights granted to the Contributor including to edit, alter and/or reproduce the work of the Contributor, in any manner or context, by the Producer, and any person authorised by the Producer to do so (including 03:59 WebFest, its assignees and licensees), and such consents have been obtained to the full extent permitted under the Copyright Act*;
i) the Producer has obtained from each Contributor:
• authorisation for 03:59 WebFest to use the Contributor’s 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 Producer or 03:59 WebFest*;
j) the Producer is entitled to grant to 03:59 WebFest 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 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 Film in the Festival;
l) all details submitted in the Entry Form by the Producer are true and correct, and the Producer indemnifies 03:59 WebFest from and against any and all claims and demands made against 03:59 WebFest, its assignees or licensees, in relation to the guarantees provided by the Producer in this clause 4;
(m) all residuals or other payments to Contributors in connection with the Film have been paid, together with the cost of all licences of all copyright and any film 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 Film, other than fees that may be payable to local performing rights associations for use of the Film after the Festival Night; and
(n) no part of the Film is, or will be, actionable for defamation or invasion of privacy or breach of confidence of any person.

*Copies of a release form for the purposes of complying with clause 4 (e), (f), (g), (h) and (i) above can be obtained from 03:59 WebFest.

5. General Licence

In these Terms and Conditions:

Exclusive Licence means an exclusive licence to 03:59 WebFest to do any and all of the acts now or subsequently comprising the copyright in the Film, or any part of the Film, including any production stills, throughout the world, in any and all media now existing or subsequently devised, in all languages, in perpetuity.

Non Exclusive Licence means a non-exclusive licence to 03:59 WebFest to do any and all of the acts now or subsequently comprising the copyright in the Film, or any part of the Film, including any production stills, throughout the world, in any and all media now existing or subsequently devised, in all languages, in perpetuity.

In consideration of 03:59 WebFest reviewing the Film for the purpose of the Film being Short-Listed and/or a Finalist and/or selected for Broadcast, the Producer grants to 03:59 WebFest an Exclusive Licence from the date the Film is entered into the Festival.

6. If the Film is not Short-Listed, not a Finalist and is not selected for Broadcast

If the Film is not Short-Listed, is not a Finalist and is not selected for Broadcast, the Exclusive Licence will automatically terminate on 31 December 2011 and all rights granted by the Producer to 03:59 WebFest under clause 5 will automatically revert to the Producer, and neither 03:59 WebFest, nor its assignees or licensees, will have any rights, including copyright, in the Film.

7. If the Film is Short-Listed but is not a Finalist and is not selected for Broadcast

If the Film is Short-Listed but is not a Finalist and is not selected for Broadcast, the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 will automatically terminate on 31 December 2011 and the Producer will automatically grant to 03:59 WebFest a new Non-Exclusive Licence (and the Producer acknowledges that the terms and conditions are effective to grant such licence). After 16 September 2014, the Producer may write to 03:59 WebFest to request the termination of the Non-Exclusive Licence granted to 03:59 WebFest under this clause 7.

8. Finalist films

If the Film is a Finalist, the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 will automatically terminate on 25 May 2012, and the Producer automatically grants to 03:59 WebFest a new Non-Exclusive Licence (and the Producer acknowledges that these terms and conditions are effective to grant such licence). After 30 June 2015, the Producer may write to 03:59 WebFest to request the termination of the Non-Exclusive Licence granted to 03:59 WebFest under this clause 8. The Producer acknowledges that all Finalist Films will be Broadcast.

9. Films selected for Broadcast (whether or not it is Short-Listed)

If the Film is not a Finalist but is selected for Broadcast (whether or not it is Short-Listed):

(a) Subject to clauses 9(b) and (c), the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 will automatically terminate on 25 May 2012, and the Producer automatically grants to 03:59 WebFest a new Non-Exclusive Licence (and the Producer acknowledges that these terms and conditions are effective to grant such licence). After 30 June 2015, the Producer may write to 03:59 WebFest to request the termination of the Non-Exclusive Licence granted to 03:59 WebFest under this clause 9.

(b) If the Film is Short-Listed but is not Broadcast by 30 December 2011, the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 will automatically terminate on 31 December 2011 and the Producer will automatically grant to 03:59 WebFest a new Non-Exclusive Licence (and the Producer acknowledges that these terms and conditions are effective to grant such licence).
After 16 September 2014, the Producer may write to 03:59 WebFest to request the termination of the Non-Exclusive Licence granted to 03:59 WebFest under this clause 9.

(c) If the Film is not Short-Listed and is not Broadcast by 30 December 2011, the Exclusive Licence granted by the Producer to 03:59 WebFest under clause 5 will automatically terminate on 31 December 2011 and all rights granted by the Producer to 03:59 WebFest under clause 5 will automatically revert to the Producer, and neither 03:59 WebFest, nor its assignees or licensees, will have any rights, including copyright, in the Film.

10. Moral Rights

The Producer:

a) acknowledges that 03:59 WebFest, 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 Producer including to edit, alter and/or reproduce the work of the Contributors, the Producer and the Film and the Producer consents to these actions by 03:59 WebFest, 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; and

b) without limiting clause 10(a), authorises 03:59 WebFest and its assignees and licensees to do any and all acts comprised in the Moral Rights Consents.

11. Use of name and likeness

The Producer authorises 03:59 WebFest to use the Producer’s name and likeness in connection with any publicity for the Festival and related competitions and activities, and the Producer agrees to undertake publicity appearances for the Festival and related competitions and activities as reasonably requested by 03:59 WebFest.

12. General

The agreement created by the Terms and Conditions is made in South Africa and is governed by the non-exclusive jurisdiction of the courts of South Africa. The Producer will do such acts and sign, or cause to be signed, such instruments as 03:59 WebFest may reasonably request for the purposes of this agreement. 03:59 WebFest may assign or license its interest under this agreement. The Producer 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 expressions used in this agreement have the meanings given to them in the Copyright Act. A reference to a “film” is a reference to a “cinematograph 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 (as defined in clause 1), the terms and conditions set out above prevail.

I, the Producer, understand and agree to the Terms and Conditions of Entry as outlined above.

Name of Film submitted (PLEASE PRINT): _________________________________________________________
Producer/s Name (PLEASE PRINT): _________________________________________________________
Producer/s Signature: _________________________________________________________
Signed on: _________________________________________________________