Terms of Use

Acceptance

These Terms of Use apply to Your use and our provision of this Site and the Services. By accessing and using this Site:

1. You accept these Terms of Use; and
2. if You are an authorised representative of another person (including, to avoid doubt, a company), You confirm that You have the authority to bind the other person and do in fact bind the other person to these Terms of Use.
 

Entry conditions

The contest is open from December 10th 2010.
Deadline for film submissions is 11.59pm Thursday March 20th, 2014, New Zealand time.
Any films received after the deadline will not be considered for the competition, but may still be included in the Whale Like Me project in various ways.
Any entry fees paid as part of a submission after the submission deadline will not be refunded.
Each entrant may make several submissions – an entry fee applies for each submission.
To enter, you must be the writer and/or director of the short film you submit.
Submitted materials cannot be returned.

 

Timing

All dates and times mentioned on this site in relation to the contest are, unless otherwise stated, New Zealand dates and times.

 

Categories

Film entries are made under one of 5 categories: general, under 16, high school, film school, and film professional.  If you do not recognize yourself in the four other categories, your entry belongs in the general category.

 

General

If you are over 16 years of age, are not enrolled in a high school, film school or film training program, and if none of your crew are film professionals, you must enter your film in this category.

 

Film Professional

If you or any member of your crew is a professional who works in film, video and/or gaming production, or who has completed formal training in related fields, you must enter your film in this category.

Film School

Current film school students can enter in this category.  You should be the writer and/or director of your film.  No crew member should be a film professional, but your crew can contain people who are not part of your school.  Before you can enter your film in this category, ask your teacher to enroll your class here.  Please note that the grand prize provides for airfare and whale watching costs for 2 persons only.

 

High School

Current high school students can enter in this category.  You should be the writer and/or director of your film.  No crew member should be a film professional, but your crew can contain people who are not part of your school.  Before you can enter your film in this category, ask your teacher to enroll your class here.  Please note that the grand prize provides for airfare and whale watching costs for 2 persons only. 

Under 16

To enter your film in this category, you and all members of your crew must be under 16 years of age.

 
You are responsible for entering your short film into the correct category.  If you do not meet the requirements for the category you enter in, your entry may be canceled without recourse or refund.
 

Winners

State and national winners will be determined by the selection subcommittee, and announced on Monday May 11th, 2013, on the Whale Like Me web site.
The subcommittee will then determine a pool of semi finalist films from the state winner films. These films will be presented to the jury on the day of the contest, and be considered for global awards in all five categories. All semi finalists will be listed on the web site, and also be notified via email.  More details on the Awards page.

The grand prize will go to the maker of a film selected by the jury from the global winners of each category. Each global winner film will have scored a certain amount of points - and in a final round, the jury scores each global winner - those points get added to the previous scores, and the highest scoring film wins.

There is no cash alternative available instead of the prizes offered.

Any filmmaker entering the contest can win the prize.  The grand prize is limited to provision of airfare and whale watching costs for two persons only.  Any individual winner that is classified as a minor under NZ law, by the carrier, or by the national law of their originating country will need to be accompanied by and adult. The costs of the adult guardian are not covered by this contest or promoter, unless the adult is nominated as one of the two recipients of the grand prize.
 

Copyright

By submitting your short film to the Whale Like Me Short Film Contest, you assert that you own copyright of your film, its contents and score, or have obtained release for full participation in the Whale Like Me Project, from other copyright holders (actors, score, stock footage, etc).  You must refer copyright holders to these Terms and Conditions and have them state in their release declaration that they have read them, and agree to them.  Finalists will be screened for permissions status.

By submitting a short film, the filmmaker in no way relinquishes or transfers copyright.  Filmmakers and other rights holders at all times retain copyright over their materials under this agreement.

The filmmaker and other rights holders release Quiet Heart Film, the Whale Like Me Short Film Contest and its partners to make non-exclusive use of submissions for promotional, festival, and compilation purposes in all territories, in perpetuity.  The filmmaker and other rights holders will be notified of any such use, and full credit will be given at the time and place of usage, unless circumstances beyond the control of Whale Like Me prevent such notification or credit.
 

 

Payment

Entry fees and class registration fees cover the administration of the contest (entry management, judging, site management). Payment is in US dollars.
 

Refund

In the event of a cancellation of the Whale Like Me Short Film contest, all entry fees will be refunded, minus any Paypal fees.

 

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between You and Whale Like Me, the materials and Services in or offered on this Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Whale Like Me disclaims all warranties, express or implied.

Without limiting the above, while Whale Like Me strives to maintain the security and integrity of the Site, Whale Like Me does not warrant that the Site or the Services will be uninterrupted or error-free, that defects will be corrected, or that the Site, the Services or the server that makes them available are free of viruses or other harmful components.

Under no circumstances, including, but not limited to, negligence, shall Whale Like Me be liable for any special or consequential damages that result from the use of, or the inability to use, the Services, the Site, or any other Link Site, even if Whale Like Me or a Whale Like Me authorised representative has been advised of the possibility of such damages. No advice or information, written or oral, obtained by You from Whale Like Me or from or through the Site shall create any warranty not expressly stated in these General Terms. In no event shall Whale Like Me’s total liability to You for all damages, losses, and causes of action (whether in contract, tort -including, but not limited to, negligence - or otherwise) exceed the amount paid by you, if any, for purchasing any materials, products or Services on the Site.

 

Jurisdiction

Whale Like Me makes no representation that materials in the Site are appropriate or available for use in all countries or that such material satisfies the laws of all countries. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable to them.
The Site is administered in accordance with the laws of New Zealand and as such adheres to and is subject to them.

 

Governing Law

Your access to, or use of, this Site shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law.

You submit to the exclusive jurisdiction of the courts of New Zealand or any court that may hear appeals from those courts for determining any dispute concerning these Terms of Use.

 

Data protection

No data collected will be used or made public unless as stipulated in these T&Cs. The promoter will comply with all NZ data protection requirements.

 

Indemnity

You agree to indemnify and hold Whale Like Me, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to solicitor/attorney fees, made by any third party due to or arising out of content You submit, post to or transmit through the Site, Your use of the Site, Your connection to the Site, Your violation of the Terms of Use, or Your violation of any rights of another person or entity.
You agree to hold Whale Like Me harmless from any claim or demand arising from any failure to deliver the Services offered on the Site should this arise from:

• technical difficulties or any other circumstances beyond Whale Like Me’s control
• questions of accuracy, currency or completeness of any information on the Site.


Changes

Whale Like Me may need to modify these terms and conditions and various sections of this site from time to time, and may do so without notice.

Last revised February 18th 2013