Assisted Classifications Pilot - BBFC Terms & Conditions

The BBFC’s Terms and Conditions (“BBFC Terms”) apply to the Pilot (as defined below) with the following exceptions and amendments and a Pilot participant is a Customer for the purposes of the BBFC Terms as amended for the Pilot. All defined terms used in this Pilot amendment shall have the meanings ascribed to them in the BBFC Terms. For the avoidance of doubt, the Cinema (Theatrical) Classification section of the BBFC Terms does not apply to the Pilot.

DEFINITIONS: The following definitions are added:

“FVLB”	The Film & Video Labelling Body of New Zealand, who work in collaboration with TMW on the Pilot;
“Pilot”	The Assisted Classifications Pilot scheme being run by TMW;
“Pilot Period”	The period of time within which the BBFC will accept submissions from distributors participating in the Pilot, subject to the TMW Distributor Terms;
“TMW”	Te Mana Whakaatu, the Classification Office of New Zealand;
“TMW Distributor Terms”	The terms provided to distributors for participation in the Pilot;

Section A: General

1. The following amendments apply to this Section:

(a) Any Customer participating in the Pilot acknowledges and agrees that any issues with their participation in the Pilot, including the output of the BBFC as a provider in the Pilot, will be directed exclusively to the FVLB and the BBFC has no liability for the classification of any title in New Zealand.

(b) Not all versions of Works previously classified by the BBFC will be viewed, but the decision not to view will not affect the Work being part of the Pilot. For the avoidance of doubt, submission of media in accordance with 2(c) below and the BBFC Terms is required for all submissions to the Pilot, including those that will not be viewed.

(c) References to payment and fees in this section shall not apply to the Pilot. References to practice guidelines shall apply only to the extent that the onboarding and technical requirements communicated to Pilot participants do not conflict with such guidelines.

Section B: Classification Procedure

2. The following amendments apply to this Section:

(a) In accordance with the TMW Distributor Terms, in respect of all Works in this section (Video and Digital) classification information and compliance data will be provided to TMW in relation to the Works submitted and not to the Customer. For the avoidance of doubt the BBFC will not make and the Customer will not receive any decision on classification, or any offer of a category or content advice.

(b) Works submitted pursuant to the Pilot will be retained by the BBFC for a period of up to a month following the end of the Pilot and no other terms in this section regarding storage, including those in relation to the VRA, shall apply.

(c) Works must be submitted to the Pilot in accordance with the BBFC’s standard technical requirements set out in its technical documentation. For Pilot participants’ ease of reference, DCPs and streaming links are not accepted and media must comply with the BBFC’s DOGs and watermarking policy. Pilot submissions will not be processed in accordance with the TMW Distributor Terms until valid media in accordance with this paragraph is received.

Section C: Digital Classification

3. The following amendments apply to this Section:

(a) Subject to 3(b) below, in accordance with the TMW Distributor Terms, in respect of all Works in this section (Digital only) classification information and compliance data will be provided to TMW in relation to the Works submitted and not to the Customer. For the avoidance of doubt the BBFC will not make, or deliver, any decision on classification, or any offer of a category or content advice to the Customer.

(b) Customers may request a BBFC Digital Classification for use in the United Kingdom at the point of submission of a Work as part of the Pilot. Provided that no valid BBFC Digital Classification is already in existence, A BBFC classification will be produced without charge and published on the BBFC website, app and other data feeds one day prior to the release date of the relevant Work. Where a Customer procures a BBFC Digital Classification pursuant to this clause, the BBFC Terms that are applicable to Digital Classifications shall apply to such Digital Classification in full other than in respect of payment and the publication set out in this paragraph.

Section D: Terms applying to Licensees for use of Digital Classifications

4. There are no amendments to Section D of the BBFC Terms.

Section E: General Terms applicable to all Customers Transfer and Assignment

5. The following amendments apply to this Section: The BBFC activities covered by the limitation of liability at paragraph 21 shall include the Pilot.

Section F: Fees

6. The following amendments apply to this section:

(a) In accordance with the TMW Distributor Terms, no payment will be made by the Customer to the BBFC for Works submitted to the Pilot and accordingly section F does not apply in its entirety.

Section G: General Terms applicable to all Customers

7. The following amendments apply to this section:

(a) The Pilot is deemed added to paragraph 47 as an additional part of the Entire Agreement, for Pilot participants.

(b) Pilot participants do not gain any rights of ownership in any classification or compliance data generated by the BBFC in the course of the Pilot.