SUBMISSION TERMS AND CONDITIONS

(Agreement)

These terms set out the conditions under which Shine (Aust) Pty Ltd (ABN 20 136 451 208) (we/us/our which includes our associates and affiliated companies) will accept your proposal, treatment, synopsis, screenplay, manuscript or other material (Project) for evaluation and consideration for possible further development and production. Please read these terms carefully before submitting your Project. When you send your Project to us, we consider you have accepted these terms and understand they are legally binding. If you do not agree to these terms, do not submit your Project to us. Where the Project has been jointly developed or written by co-authors, the terms of this Agreement apply to each such person jointly and severally:

  1. You acknowledge that we may create (or may in fact have already created), develop and produce or have access to other program ideas, concepts, formats and literary materials with themes, characters, plots, formats and elements similar to the Project. We will not be liable to you in any way in respect of any such independently-created material provided to or developed by us. Further, you hereby expressly release us from any and all present or future claims, demands and liabilities whatsoever that may arise in relation to the Project or our assessment of it, including any claim that we have made an unauthorised use of the Project. We do not verify ownership of Projects and will not be responsible for any disputes arising from ownership questions.
  2. You acknowledge that our invitation for you to submit your Project is an invitation only, and there will be no payment for submission of the Project or to acquire any intellectual property rights in the Project without further written agreement between us. In offering you our evaluation service, we provide no guarantee or promise that there will be any interest in the Project and we will not be responsible or liable to you in any way.
  3. You will deliver the Project to us by completing the application and uploading it through http://shine.castasugar.com (Site)]. File sizes must not exceed 20 MB. We do not accept any responsibility or liability for loss of or damage to files containing the Project, and recommend you retain at least one copy of it.
  4. You warrant to us that:
    1. the Project is your own original work and that all necessary rights are vested in you, including proper authority to submit the Project to us and enter into this Agreement;
    2. the Project does not contain any material which is obscene, defamatory, in breach of confidence, infringes the rights of any third party, including copyright, or breaches any law, including the Broadcasting Services Act 1992, which regulates internet content;
    3. the Project, if classified by the Australian Office of Film and Literature Classification, would be classified at no more than an “M” rating;
    4. all files containing the Project are technically satisfactory and virus-free;
    5. you are in no way restricted, whether contractually or otherwise, from entering and complying with terms contained in this Agreement;
    6. you are at least 18 years of age; and
    7. you will not offer the Project for consideration by any third party until you have received our reply
    and you hereby indemnify us and will keep us indemnified against any claim, loss, injury or damage (including any legal costs and expenses properly incurred) occasioned to us arising through any breach by you of these warranties or other term of this Agreement.
  5. We are bound by the Privacy Act 1988 in respect of your personal information. You consent to our collecting your personal information for the primary purpose of assessing and dealing with the Project. We may share this information with our affiliated companies and third parties as part of this process. You agree that we may retain your personal information as part of a record of individuals who have submitted proposals to us and use it to contact you in the future. You have the right to access your personal information collected and held by Shine. If your details change at any time or would like to access or update your personal information, please contact us .
  6. We do not warrant that the Site will be provided on an uninterrupted basis, that your access to the Site will be error-free, or that Site content does not contain any viruses or defects, which may damage your computer or network. You are strongly advised to take your own precautions concerning virus-checking and the security of your computer in accessing the Site, and agree that your use of the Site will be entirely at your own risk. The Site is provided “as is”. To the maximum extent permitted by law, we disclaim all other warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability of fitness for a particular purpose. We do not warrant that the functions at the Site will meet any requirements or needs you may have, is compatible with any particular platform or that any errors or defects will be corrected by us. You are responsible for maintaining all equipment and services required for your access to and use of the Site.
  7. Any use by you of our name, trade mark or other material belonging to us is subject to our prior consent.
  8. We reserve the right to change the terms of access to our evaluation service and the terms of this Agreement at any time and without notice, and may do so by making the modified provisions available at the Site.
  9. You acknowledge entry into this Agreement does not create any relationship of confidence, employment, agency, partnership or joint venturers between us, including in relation to the Project.
  10. The validity, interpretation and performance of this Agreement will be governed by the laws of New South Wales, Australia. Any disputes will be determined in New South Wales.
  11. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
  12. This Agreement constitutes the entire agreement between us concerning this subject matter. It supercedes any previous arrangement, express or implied, and any variation to these terms will only be effective if in writing.