2017 WRITERS FOR WRITERS FELLOWSHIPOFFICIAL RULES
The 2017 Writers For Writers Fellowship Program (the “Fellowship Program”) is open to writers worldwide who are eighteen (18) years or older at the time of application. Employees of Writers For Writers, or any of its respective affiliates, advertising agencies, or any other com-pany or individual involved with the Fellowship Program and any such individual's immediate family and household members are not eligi-ble. The Fellowship Program is subject to all applicable federal, state and local laws and regulations. Your application shall be deemed to constitute your full and unconditional agreement to these Official Rules (the “Rules”) and to all Writers For Writers' decisions, which are final and binding in all matters related to the Fellowship Program, in-cluding without limitation the selection of the fellowship awardees. Your application for consideration for selection as a fellowship award-ee is contingent upon your fulfilling all requirements set forth herein.
The Fellowship Program is sponsored by Writers For Writers Inc. a California corporation, with a principal place of business in Los Ange-les, CA 90046. ( “Sponsor,” “Writers for Writers, “we” or “our”). Spon-sor is not in the business of purchasing screenplays or producing mo-tion pictures and has no intention of engaging in such activities now or at any time in the future.
Applications for calendar year 2017 will be accepted beginning on April 15th, 2017 at 12:00 a.m. Pacific Standard Time (“PST”) and for 2017 will continue to be accepted until December 31th, 2017 at 11:59 p.m. PST (the “Fellowship Application Period”) unless noted differently on Sponsor's website. Sponsor’s computer is the official time keeping device for the Fellowship Application Period.
4. HOW TO APPLY / APPLICATION FEE
Remittance to Sponsor of the application fee, which is the amount stated on Sponsor's website, during the Fellowship Application Peri-od, together with your completed application and at least one (1) com-pleted original screenplay or TV pilot script or related material(the “Script”), shall entitle you to be considered for selection as a fellowship awardee. You may also elect to submit an optional author bio and CV. Any form of application other than that described herein shall be deemed to be void. Sponsor is not responsible for lost, late, incom-plete, invalid, unintelligible or misdirected applications,, which will be disqualified. All electronic Scripts shall be destroyed or deleted after the conclusion of the Fellowship Program for 2017 for privacy reasons.
As part of each application, you may submit up to three pieces of liter-ary material for evaluation and consideration for selection for a fellow-ship award. Each Script that you submit must be your original creative work, and you hereby warrant and represent that you are the sole and exclusive owner of all right, title and interest in and to each Script that you submit and/or have obtained prior written authorization or license to submit the Script from any and all third party rights holders there-in. You are prohibited from submitting any Script that has previously been produced at any time, or is currently under option, and you war-rant and represent that the Script has never been produced by anyone at any time and is not under option as of the time of your application.
6. FELLOWSHIPS SELECTION
Sponsor will select the fellowship awardees from among the applications submitted, based upon the level of creativity, originality, and writing skill, as determined in the sole discretion of Sponsor and/or an independent judge or judges , as applicable. The fellowship awardees will be contacted using the email address provided. Sponsor’s decisions as to the administration and operation of the Fellowship Program and the selection of potential winners shall be final and binding on all persons.. Fellowship awardees will be notified within a reasonable period of their selection.. Failure to respond to any such notification within fourteen (14) days or return of notification as undeliverable after three (3) attempts will result in disqualification. Although it is anticipated that multiple fellowship awardees will be selected each calendar year, in all events at least one fellowship award will be made each calendar year.
POTENTIAL FELLOWS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. APPLICATION CONDITIONS AND RELEASES
By submitting an application, you agree to: (a) comply with and be bound by these Rules and the decisions of Sponsor, which are binding and final in all matters relating to the Fellowship Program, including without limitation the selection of the fellowship awardees; (b) release and hold harmless Sponsor and affiliated entities and any other or-ganizations responsible for sponsoring, administering, advertising or promoting the Fellowship Program, and all of their respective past and present officers, directors, members, employees, mentors, consult-ants, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy , intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights arising out of or relating to your application, including without limitation, your submission of any Script ; provided however, that, not-withstanding any provision herein to the contrary, such release will not apply to any commercial exploitation of your Script by a Released Par-ty in violation of your rights under applicable copyright law; and (c) in-demnify, defend and hold harmless Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attor-neys fees) arising out of or relating to your application or participation.
9. REPRESENTATIONS AND WARRANTIES
You hereby warrant and represent the following as to each Script that you submit:
- You are the exclusive owner and sole author of the Script, such that the Script is your original creative work and your submission thereof will not infringe, misappropriate or violate the intellectual property, privacy or other rights of any third party; and/or you have obtained prior written authorization to act on behalf of any co-creators of the Script;
- Neither your agreement to the terms set forth herein nor your your submission of the Script will conflict with or violate any term or condition of any other agreement to which you are a party, in-cluding but not limited to any union or guild regulation;
- There are no threatened, pending or current claims, actions or lawsuits in connection with the Script and you agree to notify Sponsor immediately upon your receipt of notification of any such claim, action or suit;
- You are submitting the Script voluntarily on a non-confidential basis as to Sponsor and its employees and affiliate entities or in-dividuals;
- You are at least eighteen (18) years of age; and
- You have the right, authority, and capacity to enter into this agreement, and you agree to abide and be bound by the terms and conditions herein.
10. CHOICE OF LAW AND DISPUTE RESOLUTION
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to this agreement or your application with respect thereto shall be settled by an arbitrator, within the County of Los Angeles, State of California, subject to the rules and regulations of the American Arbitration Asso-ciation then in effect, except that such arbitration shall be handled by a single arbitrator selected in accordance with such rules and regula-tions. The arbitrator shall be well acquainted with the entertainment business in the County of Los Angeles, and the arbitrator’s decision shall be final and binding. Each party to any arbitration shall bear his or her or its own costs, including attorney’s fees. Failure to appear at any arbitration hearing shall entitle the arbitrator to proceed ex parte
11. INTELLECTUAL PROPERTY RIGHTS
By our acceptance of your application, including your submission of a Script, we in no way intend to grant to you any additional rights therein or otherwise expand the scope of your rights under applicable copy-right laws. You are solely responsible for protecting your rights in the Script, including without limitation, for filing or registering the Script with the Writers Guild of America and/or the United States Copyright Office. You acknowledge and agree that , subject to your rights under the applicable copyright laws as set forth below, Sponsor and/or any participating judges may independently access or develop creative concepts and/or works which may have some resemblance to those in the Script, or access or incorporate concepts, themes, formats, plot lines, or characters that may have some similarity to those in the Script, and that you are not entitled to any compensation and have no rights of any kind with regards to that separate material. However, you retain all rights to the Script itself and any other material submitted to Sponsor and no provision herein shall be construed to eliminate or re-duce your rights with respect to any commercial exploitation of your Script in violation of your rights under the applicable copyright laws.
12. INDEPENDENT CONTRACTORS
The relationship between you and Sponsor is one by and between independent contractors. Neither party will represent that he, she or it has any authority to assume or create any obligation, express or im-plied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
13. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Fel-lowship Program, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the in-tegrity or proper functioning of the Fellowship Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the application process or the operation of the Fellowship Program or to be acting in violation of these Rules. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
14. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or in-accurate information, whether caused by an applicant, printing errors or by any of the equipment or programming associated with or utilized in the Fellowship Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the application process; (4) technical or hu-man error which may occur in the administration of the Fellowship Program or the processing of applications; or (5) any injury or dam-age to persons or property which may be caused, directly or indirectly, in whole or in part, from an applicant's submission of a Script.
15. ENTRANT’S PERSONAL INFORMATION
16. FELLOWSHIP RESULTS
Results will be posted publicly on the Sponsor's website. Fellowship awardees will be notified as they are selected throughout the year, and the full list of selections will also be made public and perma-nently posted to Sponsor's website at the end of the selection period.