ÀLỘ WRITERS INITIATIVE
NO PURCHASE NECESSARY TO ENTER OR BE SELECTED. A PURCHASE DOES NOT INCREASE THE CHANCES OF BEING SELECTED. OPEN ONLY TO LEGAL CITIZENS AND/OR LEGAL PERMANENT RESIDENTS AND/OR FIRST-GENERATION CHILDREN OF LEGAL CITIZENS AND/OR LEGAL PERMANENT RESIDENTS OF ONE OR MORE OF THE 54 COUNTRIES OF AFRICA RESIDING IN THE INITIATIVE TERRITORIES AND AGE 18 YEARS OF AGE OR OLDER AS MORE FULLY DETAILED IN THE ELIGIBILITY REQUIREMENTS BELOW (“ENTRANT”). INTERNET ACCESS IS REQUIRED. EACH FINALIST WILL BE REQUIRED TO EXECUTE AN ACQUISITION AGREEMENT AS MORE FULLY DETAILED BELOW.
VOID WHERE PROHIBITED BY LAW: THE SPONSORS RESERVE THE RIGHT TO HOLD VOID, SUSPEND, CANCEL OR AMEND THE INITIATVE, THE OFFICIAL RULES OR ANY ENTRY TO THE INITIATIVE, WHERE IT BECOMES NECESSARY IN EITHER OF THE SPONSORS’ OPINION TO DO SO. THE SPONSORS’ DECISIONS TO ALL MATTERS RELATED TO THE OFFICIAL RULES AND THE INITIATIVE ARE FINAL.
BY PARTICIPATING IN THIS INITIATIVE, EACH ENTRANT AGREES TO THESE OFFICIAL RULES AND SUBMISSION RELEASE, WHICH ARE A CONTRACT. OFFICIAL RULES SHOULD BE READ CAREFULLY AND NO PERSON SHOULD ENTER UNLESS THEY FULLY UNDERSTAND AND AGREE TO THESE OFFICIAL RULES.
1. HOW TO ENTER: The Àló̩ Writers Initiative (the “Initiative”), sponsored by Sony Pictures Television International (“SPTI”) and EbonyLife Media Limited (“EbonyLife”) (collectively the “Sponsors”), shall occur in two entry periods as follows:
(a) the first entry period commencing on or about 12:00 noon Greenwich Mean Time (“GMT”) on September 24, 2021 and ends at the earlier of (a) 11:59pm GMT on November 4, 2021 and (b) the date in which Sponsors have received 200 eligible entries (the “First Entry Period”); and
(b) the second entry period commencing on or about 12:00 noon Greenwich Mean Time (“GMT”) on April 1, 2022 and ends at the earlier of (a) 11:59 pm GMT on May 12, 2022 and (b) the date in which Sponsors have received 200 eligible entries (the “Second Entry Period”); and
The First Entry Period and the Second Entry Period shall individually and/or collectively be referred to as the “Entry Period”. Notwithstanding the foregoing, the Entry Period may be extended at Sponsors’ sole discretion and Sponsors will update the website with the revised closing date to the applicable Entry Period, if and when extended.
In order to enter the Initiative, Entrants must perform all of the following prior to the close of the First Entry Period or the Second Entry Period (as the case may be):
(i) Complete the online application entry form (the “Application”), which can be found at Alowritersinitiative.com (the “Website”).
(ii) Submit a document eight (8) to twelve (12) pages max, in size 12, Times New Roman font, single line spacing, written in English or translated into English containing the following (collectively the “Series Document”):
· Number of episodes
· Genre & language
· Country of Origin
· Summary (1 paragraph)
· World Overview/Background (1 page max)
· Character Descriptions (1/4 pages per main character, 1-2 sentences for minor characters)
· Plot overview (3-5 pages max)
(iii) Submit a Pilot Script: Series pilot script should be approximately thirty (30) pages and no more than thirty-five (35) pages for ½ hour series and approximately sixty (60) pages and no more than sixty-five (65) pages for a one-hour series, written in English or translated into English (with annotations where vernacular, foreign languages and/or local dialects are used), formatted utilizing the Approved Software (“Pilot Script”).
Note: Only one (1) copy of the Series Document and Pilot Script is required to be submitted. The Series Document and Pilot Script shall collectively be referred to as the “Entry Material”. No substitutions of new drafts or corrected pages will be accepted once the Entry Material has been entered into the Initiative, unless requested by Sponsors. Entry Materials may only be submitted in one Entry Period. Any Entry Materials resubmitted by Entrant in subsequent Entry Period, including any revisions thereto, will be rejected and ineligible.
“Approved Software”: Final Draft, screenwriter or open-source screenwriting freeware exported as PDF (not password protected or secured) in class format.
Entrants that do not meet the following “Entry Material Requirements” are subject to disqualification,
at Sponsors’ sole and absolute discretion: Entry Material must be:
(a) for a live-action scripted television series excluding multi-cam or single camera situational comedies/Sitcoms, Made-for-television movie, and/or mini-series (and for clarity, must not be a feature film, stage play, and/or unscripted/reality/competition/docuseries)
(b) in English or translated into English;
(c) formatted using the Approved Software;
(d) wholly original (e.g., NOT adapted from third party books, plays or any other source material (A script that is adapted from Entrant’s own book play or other source material is eligible if the Entrant has retained all film and television rights to the property)
(e) NOT a “spec” script of existing television programs or treatments;
(f) submitted under the Entrant’s legal name as evidenced by Entrant’s valid government-issued identification; and
Entry Material must not:
(a) be currently under development at a network/channel, studio, production company or distribution company;
(b) have been previously purchased or produced by a network/channel, studio, production company or distribution company or is in any way encumbered (including liens and/or talent attachments including Entrant) by a third party as of the date of submission;
(c) become optioned, developed, purchased or produced by a network, studio, production company or distribution company or in any way encumbered (including liens) by a third party during the Selection Period (as defined below); and/or
(d) violate, misappropriate or infringe another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights.
Entry Material may only be submitted in one Entry Period. If there are co-contributors to any Entry Material, both contributors must complete the Application and submit identical copy of the Entry Material. Both contributors must be identified in the Application of the co-contributors Application.. Each Finalist (as defined below) must sign, notarize and agree to be bound by a Submission Release and an acquisition agreement to be entered into with SPTI (or any SPTI affiliate(s), which SPTI and SPTI affiliate(s) shall collectively be referred to herein as “SPTI” as the context permits) (the “Acquisition Agreement”) and any other documents that SPTI may reasonably require (collectively, the “Development Deal Documents”). If there is any conflict of terms between these Official Rules and the terms of the Acquisition Agreement, the terms of the Acquisition Agreement shall prevail. Execution of the Development Deal Documents are not a pre-condition to the enforcement of these Official Rules but are required to be executed by the Finalist in order to receive the Acquisition Fee and/or proceed to the Initial Development Term. If any Entry Material was prepared by multiple contributors (with a maximum up to two contributors), both contributors shall be considered a team and shall collectively be referred to as the Finalist and any monetary award hereunder, including but not limited to payment of the Acquisition Fee, Episodic Fees and/or Profit Participation set forth below will be split equally between the contributors for the Entry Material. Sponsors are not responsible for any disputes or disagreements among co-contributors with respect to any Initiative entry or monetary award. If the Finalist consist of a team, both contributors must sign, notarize and agree to be bound by a Submission Release and Acquisition Agreement. For the purpose of clarity, any Entry Materials written by more than two writers are not eligible for submission. The Designated Entities (defined below) will not be responsible for late, lost, incomplete, illegible, damaged, garbled, technically corrupt, or misdirected entries.
By submitting an entry to the Initiative, each Entrant agrees to comply with and be bound by these Official Rules and acknowledges that the decisions of the Sponsors shall be binding and final in all matters relating to the Initiative. Those who do not follow all of the instructions, provide the required information in their entry submission, or abide by these Official Rules or other instructions of Sponsors may be disqualified.
2. ELIGIBILITY: The Initiative is only open to Entrants who are:
(a) (i) legal citizens and/or legal permanent residents and/or (ii) first generation children of legal citizens and/or legal permanent residents of one or more of the fifty-four (54) countries of the African continent (see website for official list of countries); and who are
(b) both (i) 18-years-old or older and (ii) of the age of majority in his/her/their country of residence on the date of submission to legally enter into the Development Deal Documents;
(c) and reside in the United States, Canada, countries of the European Union, the United Kingdom, Australia and/or New Zealand (collectively the “Initiative Territories”).
Provided however, Entrants are not eligible to enter or be selected if:
(d) they are a member of a writers’ guild and/or writer's union whose bylaws conflict with the terms of this Initiative, the Official Rules hereunder and/or any and all of the terms of the Development Deal Documents;
(e) they are currently engaged in any exclusive contractual commitments or relationships in the entertainment industry (i.e. relationships or contractual commitments with writer and/or director) preventing them from entering into an Acquisition Agreement with SPTI unless Entrant provides verifiable proof of permission from employer/the applicable counterparty/counterparties;
(f) (i) they are a designated person (also known as a sanction target or listed person) or an Immediate Family Member and/or Household Member of such individual (whether legally related or not), and/or (ii) their participation would violate any sanction, trade or economic restriction, prohibition, embargo, ban, inclusion in any government negative list, applicable law or regulation, or resolution of the United Nations, the European Union or any member state thereof, the United States of America, the United Kingdom or any other relevant jurisdiction; and/or
(g) they have within six (6) months prior to the start date of the Initiative or thereafter, been employed by or performed services (including, but not limited to, as employees, consultants, independent contractors or interns) for any of the Sponsors or any other person or entity responsible for designing, sponsoring, administering, or fulfillment of the Initiative, or any of their respective parent, subsidiary, affiliated or successor companies, and Immediate Family Member and/or Household Members of such individuals (whether legally related or not).
For purposes of this Initiative, “Immediate Family Members” are defined as spouse, domestic partners, parents, step-parents, legal guardians, legal ward, in-laws, grandparents, siblings, step-siblings, children, step-children, and grandchildren regardless of where they live. “Household members” shall mean people who share the same residence or household, whether related or not. Entries created or funded by broadcast networks, cable networks or studios or other similar content distributors are ineligible. The Sponsors reserve the right to verify and confirm Entrants’ ages and compliance with other eligibility requirements.
3. FINALIST SELECTION TERMS:
(a) Selection Period: Each selection period will take place commencing from the time each Entry Period ends and continuing for
(i) fourteen (14) weeks thereafter for the first Entry Period (the “First Selection Period”) and
(ii) twelve (12) weeks thereafter for the second Entry Period (the “Second Selection Period”) (the First Selection Period and the Second Selection Period shall collectively be referred to as the “Selection Period”).
(b) The judging panel (selected by the Sponsors), in its sole discretion will select finalist(s) (the “Finalist(s)”) from the eligible entries received in accordance with these Official Rules based on the following criteria:
(iii) global resonance;
(iv) cultural authenticity;
(v) Producibility; and
(vi) overall impression.
Decisions of the judging panel as to the selection of the potential Finalist(s) will be final.
(c) Limit on Accepted Entries/Carryover Entries: Sponsors will limit the number of total eligible entries per Submission Period to Two Hundred (200) entries (“Submission Limit”), Notwithstanding the foregoing, if the number of eligible entries received during the First Entry Period exceeds one hundred (100), then Sponsors shall have the right but not the obligation to carryover any or all eligible entries in excess of the first one hundred (100) received in order of submission to the Website into the Second Entry Period for consideration (“Carryover Entries”). The Entrants of Carryover Entries will be notified either at time of submission and/or at the end of the First Selection Period via email to the email address provided in the Submission application in order for Entrant to be available during the Second Selection Period per Clause 3(d) below (“Carryover Notification”). Entrants of Carryover Entries will have the right to withdraw their Entry Materials from the Second Selection Period (“Withdraw Entry Materials”). Instructions on how to Withdraw Entry Materials will be provided in the Carryover Notification and Entrant(s) who request to Withdraw Entry Materials will be required to notify the Sponsors of their election to Withdraw Entry Materials to the email designated by the Sponsors and in the required timeframe to be set out in the Carryover Notification.
(d) Entrant’s Availability During Selection Period: Entrants must be available during the applicable Selection Period for the applicable Entry Period in which the Entrant submitted their Entry Material for a minimum of one (1) video conference with member(s) of the judging panel (at Sponsors’ sole election) and Entrants may be required to submit further information to assist in the judges’ verification of eligibility. Any potential Finalist who fails to attend the video conference and/or submit further information such may be disqualified in the sole discretion of Sponsors and an alternate potential Finalist may be selected.
(e) Additional Materials during the Selection Period: During the Selection Period, Sponsors may request Entrants to submit a biography of Entrant(s) no more than one page in length in English with at least two (2) character and/or professional references (“Biography”). If Entrant is comprised of a team of writers, both writers will be required to submit a Biography. Biographies should only be submitted upon Sponsor’s written request and within the time frame set out in the request.
(f) Notification Date: The selected Finalist will be notified by telephone and/or e-mail on or about February 14, 2022 for the First Entry Period and August 5, 2022 for the Second Entry Period. The Sponsors are not responsible for false, incorrect, changed, incomplete or illegible contact information. It is the sole responsibility of the Entrant to notify the Sponsors in writing if the Entrant changes his/her/their email address or other contact information and the Sponsors shall be under no obligation whatsoever to locate the Entrant in the event that the Entrant's contact information is incorrect or no longer valid. To do so, send an email to: AloWritersInitiative@spe.sony.com with “Change in Contact Information” in the subject line. Notification of change in contact information must be received by January 28, 2022 for First Entry Period and July 15, 2022 for Second Entry Period.
(g) Sponsors shall have the sole and exclusive right, but not the obligation to select additional Finalists per Selection Period.
(h) Development Deal Documents: Finalist(s) will be required to sign and return the Development Deal Documents within five (5) business days of receipt. The Acquisition Agreement that will be provided as part of the Development Deal Documents will detail terms associated with further development of the submitted Entry Material and will become active and legally binding on the Finalist. If any potential Finalist does not reply to any notification within forty-eight (48) hours or fails to return any required documentation to the Sponsors’ designated representative provided in the notification email within five (5) business days of delivery to the potential Finalist, such potential Finalist may be disqualified in the sole discretion of Sponsors and an alternate potential Finalist may be selected. Potential Finalists WILL NOT receive the Acquisition Fee until any and all such properly executed and notarized documents are returned. The Acquisition Agreement signed by the Finalist(s) will become enforceable and binding. If there is any conflict of terms between these Official Rules and the terms of the Acquisition Agreement, the terms of the Acquisition Agreement shall prevail. Sponsors shall not be responsible in any way for any delayed, lost or misdirected notification or other communication from or to Sponsors.
(i) Entrants agree not to issue any publicity or make any public announcements or comments (including without limitation on social media) concerning the Initiative, any of the Sponsors and any Designated Entities. Entrants must provide and make available all social media handles, if and as requested.
4. DEVELOPMENT DEAL:
(a) Acquisition Fee: Subject to Finalist(s) complying with all Official Rules and the parties entering into and fully executing the Acquisition Agreement, the Finalist(s) shall receive Seven Thousand Five Hundred U.S. dollars ($7,500) (“Acquisition Fee”) payable over the Initial Development Term (as defined below) in tranches associated with development milestones to be set out in Acquisition Agreement, but final payment no later than six (6) months after full signature of the Acquisition Agreement. The Finalist(s) may be required to provide SPTI with a valid tax identification number, if required, before the Acquisition Fee will be awarded for tax reporting purposes. Failure to provide such information may result in SPTI withholding and remitting all taxes on Finalist(s) behalf and only awarding the balance of the Acquisition Fee to the Finalist(s) or disqualifying the Finalist, in its sole and absolute discretion. Any applicable tax documents that may be required by law will be issued in the name of Finalist(s) for the Acquisition Fee. Finalist(s) will be solely responsible for any and all taxes associated with the Acquisition Fee that they receive.
(b) Development Services: The Finalist(s) agree to be reasonably available for a minimum of six (6) months after Selection Date (“Initial Development Services Term”) for further development of the Entry Material, at SPTI’s sole election, including but not limited to submitting any revisions of the Entry Material and/or additional materials as required by Sponsors. Finalist(s) may be required to participate in a reasonable number of customary promotional and publicity activities to promote the Initiative.
(c) Series Services/Episodic Fees/Profit Participation: If SPTI commences production of the first television program based on the Entry Material (“Initial Program”), provided Finalist has executed the Acquisition Agreement and is not in breach of the terms of the Acquisition Agreement, and further provided that the Finalist is available and ready to render services, SPTI shall engage the Finalist to render writing and/or producing services on the Initial Program and the Finalist shall receive (i) a fee of Fifteen Thousand U.S. Dollars ($15,000) per one hour episode or Ten Thousand U.S. Dollars ($10,000) per half-hour episode for each episode of the Initial Program produced (“Episodic Fees”), (ii) a writing and/or producing, as applicable, credit on each produced episode of the Initial Series (subject to broadcaster approval and any applicable guild or writers' union restrictions), and (iii) five percent (5%) net profit participation from revenue received and retained by SPTI from its exploitation of the Initial Program and any and all ancillary rights related thereto, payable in accordance with SPTI’s standard net proceeds definition (“Profit Participation”) with all terms to be further set forth in the Acquisition Agreement.
5. GRANT OF RIGHTS:
(a) By entering, each Entrant acknowledges and agrees that the Sponsors shall have an exclusive, irrevocable and royalty-free right to use, reproduce, edit, display, transmit, modify, publish and otherwise exploit the submitted Entry Material for judging purposes and otherwise solely in connection with the execution of the Initiative; and such further rights as set forth in the Acquisition Agreement, if and when applicable. Finalists shall waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Entry Material submitted as part of the Initiative as to be set forth in the Acquisition Agreement.
(b) Per the Acquisition Agreement, amongst other things, SPTI shall have an exclusive license in the Entry Material worldwide in all media, now known or hereafter devised, for an initial term of one (1) year from execution of Acquisition Agreement (the “Rights License Term”). SPTI shall have the exclusive option (“Extension Option”) to extend the Rights License Term for one (1) additional year (the “Extended Rights License Term”) for an additional fee of Seven Thousand Five Hundred U.S. Dollars ($7,500) (“Extension Fee”) payable to Finalist following receipt of SPTI’s written exercise of Extension Option prior to expiration of the Rights License Term.
(c) If SPTI (i) incurs any additional development and/or production costs other than the Acquisition Fee during the Rights License Term and/or Extended Rights License Term and/or (ii) enters into a development and/or license agreement with commissioning broadcaster during the Rights License Term and/or Extended Rights License Term, SPTI will automatically own all rights, title and interest in the Entry Material worldwide in all media, now known or hereafter devised, in perpetuity, subject to Clause 4(c) above. If the rights in the Entry Material vest in SPTI as contemplated in the previous sentence, and SPTI does not produce an Initial Program within 5 years of signature of the Acquisition Agreement, Finalist shall have the right to request a turnaround/reversion in the Entry Material which SPTI shall consider in good faith.
(d) If SPTI (i) DOES NOT incur any additional development and/or production costs other than the Acquisition Fee during the Rights License Term and/or Extended Rights License Term and/or (ii) DOES NOT enters into a development and/or license agreement with commissioning broadcaster during the Rights License Term and/or Extended Rights License Term as set forth in Clause 5 (c) above, then the rights to the Entry Material will revert to the Finalist upon the expiration of the Rights License Term or Extended Rights License Term, as applicable, subject to SPTI receiving a royalty of (1) Five Thousand U.S. Dollars ($5,000) per episode and (2) 5% Profit Participation from the exploitation of any global VOD platform production based on the Entry Materials on terms to be set out in the Acquisition Agreement.
(e) Finalists agree that SPTI and/or EbonyLife shall have the sole discretion in determining the extent and manner of use of Entry Material(s) and are not obligated to use any Entry Material(s) including but not limited to incurring additional costs developing the Entry Material(s), seeking a commission of a production of a television series based on the Entry Material(s) and/or entering into production of any programming based on the Entry Material(s).
6. ENTRY MATERIAL SUBMISSION TERMS: Entrants acknowledge that SPTI and/or EbonyLife have no obligations to Entrants with respect to the Entry Material(s) Entrants submit as part of the Initiative. All Entrants understand Entry Materials will not be returned. Entrant represents and warrants that they have retained at least one copy of their Entry Materials. Other than the obligations set forth in the Official Rules, SPTI and/or EbonyLife will have no obligation to Entrants in any respect whatsoever with regard to the Entry Material(s) until and only if Entrant and SPTI have executed the Acquisition Agreement, which, by its terms and provisions, will be the contract that will govern the relationship between Finalist(s) and SPTI relating to the Entry Material.
If Entrant has not been notified by August 5, 2022 that they have been selected as a Finalist, Sponsors and Entrant shall have no further rights and obligations to each other in connection with the Entry Materials and Entrant shall be free to exploit the Entry Materials with no further obligations to Sponsors.
7. ENTRANT REPRESENTATIONS AND WARRANTIES: By entering, each Entrant represents and warrants to the Sponsors that his/her/their entry:
(a) is completely the original work of the Entrant (or other contributor disclosed in the submission application) and was created solely by the Entrant (and/or other contributor disclosed in the submission application);
(b) is not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, including currently or previously, purchased or produced by a network, studio, major production company or distribution company;
(c) is not in the public domain;
(d) is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity;
(e) has not previously been granted to any other person or organization, nor does any third party have any interest in such entry including but not limited to any liens on it; (vi) is in full compliance with the requirements in these Official Rules; and
(f) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
Further, Entrant represents and warrants that they have the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. If the Sponsors, in their sole discretion, have reason to believe that any entry contains any material that may infringe or violate any law or any rights of a third party, or that the use or broadcast of such entry in the manner described herein may infringe or violate any law or any rights of a third party, then the Sponsors may immediately disqualify such entry and take any other measures the Sponsors may deem appropriate. Entries should not include any language or other content that is indecent, inappropriate, morally objectionable, unlawful or otherwise unfit for dissemination or broadcast, as determined by the Sponsors in its sole discretion. The Sponsors hereby reserves the right, in its sole discretion, to disqualify any such entries. Entries that are illegible, duplicative and incomplete and/or not meeting or exceeding stated length requirements may be disqualified. False, fraudulent or deceptive entries or acts shall render Entrant’s ineligible and all associated Entries will be void. Entries not satisfying these Official Rules in any respect may be disqualified. Each Finalist further agrees to sign, and to obtain (at the Finalist’s expense) from all necessary third parties, all releases, permissions and other written documents, in a form acceptable to SPTI, as may be required by SPTI and any of its affiliates or sponsors upon request so as to confirm, record and/or perfect their rights in the entry as set forth herein and in the Acquisition Agreement.
8. SUBMISSION RELEASE:
(a) Each Entrant acknowledges that EbonyLife and SPTI and each of their parent companies, affiliates and subsidiaries, and each of their employees, officers, directors, licensees, assigns and sponsors (collectively, the “Designated Entities”) engage and have engaged in the developing, writing, acquiring, producing, publishing, disseminating and broadcasting of literary, artistic, and other material, including stories, ideas, themes, plots, titles, screenplays, teleplays, treatments, formats, and concepts (collectively, the “Designated Entities Materials”). By submitting an entry in the Initiative, each Entrant acknowledges and agrees that any Designated Entities Materials that the Designated Entities may hereinafter use or exploit may have originated with the Designated Entities themselves or may have been acquired from the Designated Entities’ employees or other parties, and that such Designated Entities Materials may duplicate, parallel or resemble the Entry Material submitted in the Initiative by the Entrant. In other words, Entrant acknowledges that Designated Entities may have developed a similar program independent from Entrant’s Entry Material submission. Entrants agree that nothing in these Official Rules, nor the submission of the Entry Material, shall be deemed to place SPTI and/or EbonyLife in any different position from any other member of the public with respect to the Entry Material. Accordingly, any part of the Entry Material that could be freely used by any member of the public may be used by SPTI and/or EbonyLife without liability to Entrant.
(b) Each Entrant acknowledges and agrees that the Designated Entities receive numerous submissions of material, including, but not limited to, ideas, concepts, stories, scripts treatments, suggestions, pictures, artwork, photographs, drawings, videos, audiovisual works, show bibles, sizzle reels, pilot, musical composition formats, (including lyrics), sound recordings, characterizations, etc., and that many submissions received by Designated Entities, including but not limited to other entry materials in this Initiative, are similar to, contain elements of, or are identical to those in one or more other works which have been independently developed by Designated Entities or its employees or independent contractors, or otherwise available to the Designated Entities. Entrants will not be entitled to any compensation because of the use by the Designated Entities of such similar or identical material which may have been independently created by the Designated Entities or have come to Designated Entities from any other independent source.
(c) By submitting the Entry Material, each Entrant acknowledges that if any Entry Material submitted to the Initiative is not original, new or novel, is in the public domain, or was not originated by the Entrant, or has not been reduced to concrete form, or if because other persons including Designated Entities’ employees have independently submitted or later submit similar or identical program material as set forth therein which any or all of the Designated Entities have the right to use, then Entrant agrees that Designated Entities shall not be liable to Entrant for Designated Entities’ use of the Designated Entities Material and Designated Entities shall not be obligated in any respect whatsoever to compensate Entrant for such use by any Designated Entity, as applicable. Entrant further agrees that if Designated Entities later produce or distribute a feature film, television program or programs based upon the same general idea, theme or situation and/or having the same setting or background history as the Entry Material, then, unless Designated Entities have substantially copied the expression and development of such idea, theme or situation, including the characters and story line thereof, as submitted in the Entry Materials to Designated Entities, Designated Entities, as applicable, shall have no obligation or liability to Entrant of any kind or character by reason of the production or distribution of such program(s), nor shall Designated Entity, as applicable, be obligated to compensate Entrant in connection therewith.
9. RELEASE OF CLAIMS: As an inducement to the Sponsors to accept the Entrant’s Entry Material into the Initiative, each Entrant hereby waives any claim or right of action against any of the Designated Entities or their successors in connection with the Designated Entities’ use of any Designated Entities’ Materials (or any portions thereof) whether or not such Designated Entities’ Materials contain any features, ideas, material and/or elements similar or identical to those contained in an Entrant’s Entry Material. Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Designated Entities’ actual or alleged exploitation or use of any Entry Material or other material submitted in connection with the Initiative, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant shall not have the right to enjoin or seek to enjoin the development, production, distribution, exhibition and/or other exploitation of any production allegedly based on the Entry Material, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. GENERAL TERMS AND CONDITIONS:
(a) Insofar as is permitted by law, the Sponsors and Designated Entities will not in any circumstances be responsible or liable to compensate any Entrant, including without limitation any Finalist, or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Initiative. Entrants’ statutory rights are not affected.
(b) INDEMNIFICATION BY ENTRANT: By submitting an entry, Entrant agrees to indemnify, defend, release, discharge and hold harmless the Designated Entities from any and all claims and liabilities arising from or in connection with participation in this Initiative, including, without limitation: (i) claims for injury, loss or damage of any kind resulting from participation in this Initiative or acceptance, use or misuse of any prize; and (ii) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the Entrant’s Entry Material.
(c) By entering the Initiative all Entrants grant permission to the Designated Entities to use their respective names, photographs, likenesses, voices, and/or biographical information for Designated Entities programming, publication, publicity, advertising and all other promotional purposes without compensation, review or approval unless prohibited by law.
(d) Designated Entities reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and/or to cancel, modify or suspend this Initiative should Entrant commit fraud or engage in misconduct or for other causes beyond the control of the Designated Entities corrupt the administration, integrity, security or proper operation of the Initiative. Without limitation of the foregoing, the Designated Entities reserve the right to terminate, modify or suspend this Initiative due to any event beyond the reasonable control of a party, including without limitation, any determination, action, regulation, or order of a governmental authority, nationalization, expropriation, confiscation, seizure, allocation, embargo, prohibition of import or export of goods or products, regulation, order or restriction (whether foreign, federal or state), war (whether or not declared), act of terrorism, civil commotion, disobedience or unrest, insurrection, public disaster, public strike, technical fault, labor dispute, riot or revolution, malicious damage, epidemic, pandemic (including for the avoidance of doubt Covid-19), quarantine, accident, fire, flood, drought, storm, other natural calamity, damage or destruction to plant and/or equipment or any acts of god and which prevents, hinders or delays the performance of any of the obligations of such party. By entering, each Entrant agrees that should this Initiative be terminated for any reason such Entrant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.
(e) The Designated Entities are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries, including failures of any telephone networks, computer online system, computer equipment, internet, servers, providers, or software including any injury or damage to Entrant’s or any other person’s computer relating to participation or inability to participate in the Initiative; inability to access the Website or upload information or data; theft, tampering, distraction, on or authorized access to, or alteration to, entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries.
(f) CAUTION: any attempt by an Entrant to damage the website or undermine the legitimate operation of the Initiative is a violation of criminal and civil laws and should such an attempt be made, the Designated Entities reserve the right to seek damages from any such Entrant to the fullest extent of the law.
(g) The Designated Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Initiative, or in the announcement of the Finalist(s) or terms of the development deal.
11. GOVERNING LAW: Any controversy or claim arising out of or relating to these Official Rules, its enforcement or interpretation shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts without prejudice to the Designated Entities’ right to bring any legal action or proceedings with respect to the Initiative and/or these Official Rules against the Entrant in any other court of competent jurisdiction as the Designated Entities may elect.
12. INFORMATION SUBMITTED AS PART OF INITIAITIVE: By entering the Initiative, Entrant grants Sponsors permission to share Entrant’s email address and any other personally identifiable information with the judges and/or other Designated Entities for the purposes of payment of the Acquisition Fee and other administrative aspects of the Initiative.
13. FINALIST/OFFICIAL RULES: To obtain a copy of the Finalist(s) List or these Official Rules, email your request to AloWritersInitiative@spe.sony.com indicating whether you are requesting a Finalists List or Official Rules in the subject line. Requests for the names of the Finalist must be received no later than August 19, 2022.
If Entrant objects to any or all of his/her/their name and country of residence or nationality being published or made available, please contact AloWritersInitiative@spe.sony.com indicating “request for information not to be published” in the subject line no later than the change of information date set out in clause 3(e) above.
//End Official Rules//