Media Drop Terms

These terms are an agreement between you and Wiktis Pty Ltd (ACN and ABN as published on our invoices), which operates The Expys, the Expo Awards, the Executive Awards, the Entrepreneur Awards and The Expys Global. In these terms "we", "us" and "our" mean Wiktis Pty Ltd, and "you" means the person submitting material and any organisation you submit it for.

They apply every time you submit material through a media drop on our sites, by email to our media address, or by any other means where you are pointed to these terms. "Material" means any film, footage, still image, artwork, logo, document or other content you send us, and any part of it.

If you are submitting on behalf of an organisation, you confirm you are authorised to bind that organisation to these terms, and both you and it are bound.

You keep every right of ownership you have in the material. Nothing here transfers copyright to us and nothing here stops you using your own material however you like, including with our competitors.

What you are giving us is a licence to use it. That licence is described next, and it is the whole of what we take.

You grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and sub-licensable licence to host, store, reproduce, communicate, publish, broadcast, stream, adapt, edit, cut, re-cut, caption, subtitle, overlay, colour grade, combine with other material, translate and otherwise use the material, in whole or in part, in any medium now known or later invented.

That licence covers promotion of The Expys and its programmes and of the people, shows and companies that take part: our websites, our newsroom, our emails, our social channels, our show reels and sizzle reels, our paid advertising, the screens at our live events and ceremonies, our sponsorship and partner materials, and press and media coverage we place or supply.

It extends to our related companies, our agencies and contractors, our event partners, our venues and our media and syndication partners, for those same purposes, and it includes the right to sub-licence them to that extent.

We may use it with or without a credit and with or without your name, company or logo. Where a credit is practical we will usually give one, but a missing credit is not a breach of these terms.

The licence is perpetual and survives the end of your entry, your membership or any other agreement between us, because material is published into places we cannot always recall it from, such as a partner masthead or a broadcast archive. Clause 8 sets out what we will do when you ask us to stop.

No fee, royalty, residual, usage payment or other consideration is payable to you or to anybody appearing in or working on the material, whether or not we make money from anything the material appears in.

You warrant, on each occasion you submit material, that all of the following are true.

Rights: you own the material, or you hold all rights and permissions needed to grant the licence in clause 3, including from any producer, videographer, photographer, editor, agency, contractor or employer involved in making it.

People: every person who is identifiable in the material has consented to being filmed or photographed and to the material being used and published in the ways described in clause 3, and where any of them is under 18, you hold that consent from a parent or guardian. Where the material was taken at an event, you hold whatever permission the venue, the organiser and the performers required.

Third-party content: the material contains no music, sound recording, footage, still image, artwork, typeface, trade mark, logo, brand, get-up or other content owned by anybody else that you are not licensed to include and to sub-licence to us on these terms. Commercially released music is the most common failure here, and you must not include it unless you hold a synchronisation and master licence that covers our use.

Lawfulness: the material is lawful in Australia and in each country where you obtained it, and its publication by us would not breach any law, court order, suppression order, embargo, confidentiality obligation or contract.

Nothing sexual, and nothing involving a child: the material contains no pornography or sexually explicit content, and no material that describes or depicts a person who is, or appears to be, under 18 in a sexual manner or in a sexual pose or activity. You acknowledge that child abuse material is a criminal offence under the Criminal Code Act 1995 (Cth) and under the law of each Australian state and territory, that we report any such material to the Australian Federal Police and to the eSafety Commissioner, and that we preserve the file and the record of your submission for them.

Nothing harmful: the material is not defamatory, is not misleading or deceptive, does not vilify or incite hatred or violence against any person or group on the basis of race, religion, sex, sexual orientation, gender identity, disability or any other attribute, does not depict or promote violent or criminal conduct, does not breach anybody’s privacy, and contains no malicious code.

Accuracy: the material is what you say it is, and it has not been generated or altered in a way that would mislead a viewer about who is in it, what happened, or whose work it is, unless you have told us so in writing when you submitted it.

We are under no obligation to use the material. We may decline it, not publish it, remove it, replace it or stop using it at any time, for any reason or for none, and nothing in these terms is a promise of publication, exposure, coverage, reach or any commercial result.

Every submission is reviewed by a person before it is published. Material sits in a private store until then, and nothing is published automatically.

We may edit, cut, shorten, caption or combine the material, and we may place it alongside other material, including material about other entrants, our sponsors and our partners. You accept that editing changes context and you will not object to our use on that basis, subject to clause 9.

We may keep a copy of the material, and of the record of your submission, after we stop using it, so that we can answer a later rights claim, meet a legal obligation and keep our own archive.

Material submitted through a media drop is promotion. It is not part of an entry, it is not seen by anybody deciding an award, and it never affects the vote or a result. Our awards are decided by public vote and nothing on this page changes that.

You indemnify us, our related companies, our officers, employees, contractors, partners and sub-licensees against all loss, damage, liability, cost and expense, including reasonable legal costs on a solicitor and own client basis, arising out of or in connection with any breach by you of clause 4, or any claim by a third party that the material, or our use of it as permitted by these terms, infringes their rights.

That indemnity is a continuing obligation, it survives the end of these terms, and it is not affected by the fact that we reviewed the material or chose to publish it.

We will tell you promptly about any claim we receive that this indemnity covers, and we will not settle such a claim in a way that admits liability on your behalf without asking you first.

Australian law gives creators moral rights: the right to be named as the author, the right not to have work falsely attributed, and the right not to have work treated in a way that is prejudicial to the author’s honour or reputation. Those rights cannot be sold or assigned.

To the extent permitted by Part IX of the Copyright Act 1968 (Cth), you consent, and you warrant that you have obtained the consent of every other author of the material, to the acts and omissions described in clause 3, including use without attribution, use with attribution to The Expys or to an entrant, and editing, cutting, captioning, adapting and combining the material with other material.

That consent is given genuinely and not as a condition of anything being paid for. It is a consent, not a waiver, and it does not extend to anything Australian law does not allow you to consent to.

If you believe material published by us infringes your rights, or the rights of somebody you act for, write to media@expys.org with enough detail to identify the material, the right you say is infringed and the basis of your claim. We will take the material down from anything under our own control while we look into it, and we aim to answer within ten business days.

If you ask us to stop using material you submitted, we will stop using it in anything new within a reasonable time, and we will take it down from our own sites and channels. We may not be able to recall material that has already been published by a partner, broadcast, printed, syndicated, cached or downloaded by somebody else, and we do not promise to.

Nothing in this clause limits any right you have under the Copyright Act 1968 (Cth) or any other law.

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

Subject to that, we are not liable to you for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, opportunity, goodwill or data, arising out of or in connection with the material or its use, however caused.

Subject to that, our total liability to you in connection with these terms is limited to one hundred Australian dollars, which reflects that a media drop is free and that you receive promotion rather than payment for it.

We collect the material, the file details, the time you agreed to these terms, the version you agreed to, and a one-way hash of your connection and browser details, so that we can prove what was agreed and by whom, and so that we can detect abuse of the upload.

Material can contain personal information about other people, including their images and voices. By submitting it you confirm you are entitled to give it to us and that those people have been told, as required by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

We handle everything described here in line with our privacy policy, which is published at /privacy and forms part of these terms.

We may change these terms for future submissions. Each version carries a version number, and the version you agreed to is recorded against your submission and continues to govern it. A change never applies backwards to material already submitted.

These terms are governed by the law of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them.

If any part of these terms is unenforceable, it is severed and the rest continues.

These terms, together with our privacy policy, are the whole of the agreement between us about material you submit, and they replace anything said or written about it beforehand.

Questions, rights claims and anything else about material you have sent us: media@expys.org.