Inevitable Foundation Elevate Collective Terms & Conditions Agreement
This agreement outlines the official terms and conditions (the “Rules”) that govern the submission of an application (“Application”) to the Inevitable Foundation (“Foundation”) Elevate Collective (the “Grant” or the “Elevate Collective”). The Grant is awarded on a rolling basis so there is no submission window (the “Application Period”).
The person submitting the Application (the “Applicant”) acknowledges, agrees, declares, represents, and warrants that Applicant has read and understood the submission Rules and regulations set forth below:
Eligibility
Elevate Collective is open to U.S. citizens, permanent residents and international applicants. By submitting an application, Applicant agrees to be bound by these Rules and the decisions of the Selection Advisory Committee and Inevitable Foundation’s Board of Directors, which are final and binding on all matters relating to this Grant. The Foundation awards Grants in its sole discretion and all decisions are final. The Grant is subject to all applicable federal, state and local laws.
General eligibility requirements:
Self-identifies as disabled
18 years of age or older
Dedicated to or currently pursuing a career in screenwriting
Not enrolled in an accredited degree program
Applicants need to meet at least two of the following criteria:
You have an agent or a manager
You are a member of the WGA, Animation Guild or equivalent union
You have sold a script, TV show, or pitch before
You have staffed on a tv show or received a writing credit on a movie
You have been or currently are in development with a major production company, studio, or network
Application
By agreeing to these Rules, the Applicant acknowledges, agrees, declares, warrants and represents, that (a) it owns, or otherwise has all appropriate licenses, assignments, or other binding transfer to the material submitted in their Aplication for the Grant and to perform its duties and obligations hereunder, (b) to the best of its knowledge, the Application and underlying work does not infringe, or constitute a misappropriation of, the valid Intellectual Property rights of any third party; (c) it shall use commercially reasonable best efforts to ensure that no part of the Application infringes or constitutes a misappropriation of the valid Intellectual Property rights of any third party; (d) nothing contained in the Application conflicts with or constitutes a default under any confidentiality agreement or any other agreement to which Applicant is a party; (e) it is unaware of any infringement or likely infringement of any third party’s rights, including but not limited to, privacy, publicity, nor may it in any way infringe upon a third party’s intellectual property rights including, but not limited to, copyright or trademark rights associated with the Application; and (f) there is not now outstanding, any litigation or claims or threats of claims or sums due which affect or are concerned with the Application, or in any way touch upon any of the rights, licenses, and privileges associated with the Application that will impede upon Applicant’s ability to undertake the Grant and perform thereunder.
The Foundation accepts Applications on a rolling basis and aims to notify Applicants within 12 weeks of their submission.
Applications must be submitted via the online application available after completing eligibility screening at https://inevitable.foundation/eligibility.
If you need assistance completing your Application or special accommodations, please contact us by emailing programs@inevitable.foundation.
All Applicants will receive an email confirming receipt of their Application.
By submitting an Application, Applicant acknowledges and agrees that Foundation may receive many Applications in connection with this Grant and/or other programs offered by Foundation, and that other Applications may be similar or identical in theme, idea, format or other respects.
Applicant, and Applicant’s agents, assignees, successors, and/or heirs, waives and releases the Foundation from any and all claims that any other Application and/or other works accepted or reviewed by the Foundation (or its respective designees, including the Selection Advisory Committee) may be substantially similar, derive from, or infringe upon Applicant’s Application and hereby disclaims any claim of misappropriation, substantial similarity, right of access, copying, or intentional or willful infringement by Foundation in connection with such Application or other works used by Foundation.
Application Requirements
An Application may not contain, and Foundation, in its sole discretion, may disqualify and/or remove from consideration any Application that:
Contains any content that defames Foundation or any other people or companies.
Contains any third party’s personally identifying information, such as personal names or e-mail addresses.
Contains material, authorship, ideas, or other creative expression owned by a third party to which the Applicant does not possess a license or other right or authorization to use or reproduce.
Contains the names, likenesses, voices, or performances identifying any celebrities and/or other public or private figures, living or dead, or the names, likenesses, voices, or performances of any individual other than Applicant, without permission as required under this Grant or under state or federal law.
Violates any law or regulation; or is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Rules, including for broadcast, as determined by Foundation in its sole discretion.
Foundation otherwise declines to review or determines should not be subject to further review or should be removed from consideration, for any reason or no reason.
Application must be the original work of the Applicant and must not infringe upon, copy, or otherwise violate the copyrights, trademarks, rights of privacy or publicity, or other intellectual property or other rights of any person or entity. By submitting an Application, Applicant acknowledges, agrees, declares, represents and warrants that Applicant and any persons appearing or who are identifiable in the Application consent to the submission and use of the Application as set forth herein.
Application Review
Every three months, the Foundation and its Selection Advisory Committee (the “Reviewers”) will meet to review Applications from the previous three months (the “Review Period”). They will advance certain Applicants through the Application process at their sole discretion. When an Applicant passes through the Application process, they will be named a Winner. There is no guarantee that any Applications will be named Winners during the Review Period.
The Reviewers may advance Applicants in the selection process and award the Grant at their sole discretion, and all decisions are final.
Winner Notification and Requirements
Winners will be notified at their email address and/or phone number indicated on their Application.
In order to accept the Grant, each Winner will be required to complete:
An Elevate Collective Award Agreement which will set forth the terms of the Winner's involvement with Elevate Collective.
A Financial Disclosure Worksheet, which attests to the financial need of the Winner, which affects the legal structuring of the Grant.
Any other documents required by Foundation.
All documents must be returned to the Foundation within seven (7) days of each document request. Failure to respond to the Foundation within this seven (7) day period may be deemed to be a withdrawal of the Application by the Winner. The inability of the Foundation to receive a response from a Winner within a reasonable time period whether due to a change in the Winner’s email address, phone number or noncompliance with these Rules by the Winner may result in disqualification and, at the Foundation’s sole discretion, another Winner may be selected.
Winners may not substitute, assign or transfer participation in the Grant. All federal, state and local taxes and all other costs associated with Grant acceptance and use not specified herein as being provided are the sole responsibility of the Winner. We highly recommend each Winner consult with a tax professional.
The Applicant understands that providing false or misleading information on its Application, or failing in any other way to comply with the Rules, will subject Applicants and Winners to disqualification, forfeiture of the Grant money and/or other penalties.
Intellectual Property Rights
As between Foundation and the Applicant, the Applicant retains ownership of all intellectual property rights (including moral rights) in and to the content of the Application. As a condition of Application, Applicant grants Foundation, its subsidiaries, agents and partner companies, including the Reviewers, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, modify and distribute the Application for 1) the express purposes of allowing Foundation and the Reviewers to evaluate the Application for consideration of receiving the Grant; 2) archive the Applicant’s work and 3) in promoting the Applicant’s work if they were to become a Winner, the latter of which will only be done with the Winners written approval. The Foundation may retain Application records for at least five (5) years. Thereafter, if an Applicant would like the Foundation to remove an Application from our records, please email programs@inevitable.foundation.
Indemnification & General Conditions
Applicant hereby declares, represents, and warrants that the Application does not infringe upon, or otherwise violate the copyrights, trademarks, rights of privacy or publicity, or other intellectual property or other rights of any person or entity. By participating in the Application process, Applicant agrees to and hereby does release, discharge, indemnify, defend and hold harmless, at Foundation’s election, the Foundation and its, employees, directors, officers, agents, affiliates, successors, licensees and assigns, and their respective officers, members, employees, agents, representatives and designees (including those acting as Reviewers) (each a “Released Party” and collectively, “Released Parties”) from and against any and all claims, injuries, liability, losses, costs, expenses, judgments, awards, settlements and other liabilities of any kind (including, without limitation, reasonable attorneys’ fees and costs) to Applicant or a third party, including acts or allegations of infringement, misappropriation, conversion, or other tortious or infringing conduct, resulting, in whole or in part, directly or indirectly, from Applicant’s submission of the Application, breach of representation or warranty made by the Applicant or participation in the Grant or any Grant-related activity or the Foundation’s use, review, or transmittal of any material submitted with the Application.
Miscellaneous
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, viruses, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Grant, including, without limitation, errors or difficulties which may occur in connection with the processing of Applications, the judging of Applications, the announcement of the Winners, the incorrect uploading of the Application or in any Grant-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Grant. Released Parties are not responsible for injury or damage to Applicants’ or to any other person's computer related to or resulting from participating in this Grant or use of the submissions website.
Further, the Released Parties are not responsible for any additional expenses, omissions, delays or rerouting resulting from any acts of any government or authority. Released Parties are not responsible for or liable to any Applicant or to the Winner or any person claiming through such Winner for failure to conduct the Grant any part thereof by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Released Parties’ sole control. Should any portion of the Grant submission page be, in Foundation’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Foundation, corrupt or impair the administration, security, fairness or proper play, or submission of Applications, Foundation reserves the right at its sole discretion to take any action to prevent or correct such cause, including, without limitation, to block suspect computers or IP addresses, or to suspend, modify or terminate the Applicant’s Application. In the event of a dispute regarding Applications received from multiple users having the same email account, the authorized subscriber of the e-mail account at the time of Application will be deemed to be the Applicant and must comply with these Rules.
LIMITATION OF LIABILITY:
BY APPLYING FOR THE GRANT, APPLICANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GRANT, OR ANY PRIZE AWARDED, WILL BE RESOLVED IN ACCORDANCE WITH THE GRANT TERMS AND CONDITIONS, INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY APPLICANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND APPLICANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) APPLICANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND APPLICANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Foundation’s failure to enforce any term of these Rules will not constitute a waiver of that provision. Applicants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, without giving effect to the conflict of laws principles of each State. All legal proceedings related to this Agreement or the transactions herein described shall be commenced and held in New York.
NO PURCHASE IS NECESSARY TO ENTER. VOID WHERE PROHIBITED BY LAW.
Updated 9/27/23