PITCH TERMS & CONDITIONS
By submitting the pitch application, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility criteria, the submission criteria and all other terms and provisions of the Official Contest Rules and Consent to Arbitration (the “Official Rules”), which are attached hereto as Exhibit A and are incorporated herein; (ii) I have completed this Application honestly and accurately; (iii) if any of the information in this Application is found to be false or incomplete, this will be grounds for dismissal from our contenders (as that term is defined in the Official Rules); (iv) even if I meet the eligibility criteria for our shows, Candivan has no obligation to further contact me, to interview me, and/or select me for a Semi-Finalist, Finalist or Winner (as those terms are defined in the Official Rules); (v) I agree to keep strictly confidential all information about Candivan that I may acquire during the selection process and/or otherwise during my participation in the Contest; (vi) all decisions by Candivan and others concerning selection of potential writers are final and not subject to challenge or appeal; and (vii) Candivan has no obligation to return any materials submitted by me in connection with the Contest whether or not I am selected to move on or as a Winner. (a) I hereby authorize Candivan and any person or entity designated by Candivan to investigate, access and collect information about me, about any of the statements made by me in this Application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with the Contest, or any other written or oral statements I make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, I irrevocably authorize Candivan and any person or entity designated by Candivan to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, any branch of the military, and any references I have provided or will provide, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Candivan, the persons or entities designated by Candivan, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, I specifically authorize investigation of my employment records and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, and consumer report(s). I acknowledge and agree that any such information obtained by Candivan or by any person or entity designated by Candivan pursuant to this paragraph or otherwise may be used for purposes of selecting those who move on or Winners in the Contest or in the course of conducting the Contest, and may be described or otherwise related in and in connection with the Contest and in and in connection with any advertising, promotion or publicity for the Contest to the maximum extent permitted by law. (b) CONFIDENTIALITY. Whether or not I am selected to move on or as a Winner of the Contest, I shall keep in strictest confidence and shall not disclose to any other contestant, participant or other third party at any time (i.e., prior to, during, or after the Contest) any information or materials of any kind, including without limitation, any 5 ` information or materials concerning or relating to Candivan, the business of Candivan or the Contest, including, without limitation, any information concerning or relating to the Contest, the entrants to the Contest, those who move on to future rounds that I read, hear or otherwise acquire or learn in connection with or as a result of my entering the Contest or as the result of my participation in the Contest (collectively, the “Information and Materials”). I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Candivan. At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials. I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application shall continue in perpetuity or until terminated by Candivan by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this Application. I acknowledge that in the event I breach the confidentiality or any other provisions of this Application, my breach may, in the sole discretion of Candivan result in my being disqualified to participate in the Contest. I further acknowledge that a breach by me of any of the confidentiality provisions of this Application would cause Candivan irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Candivan shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application by me.
IDEA MISAPPROPRIATION WAIVER. By entering the Contest and submitting a Submission (as that term is defined in the Official Rules), I agree to and acknowledge the following: I understand that although I may believe my Submission to be unique and novel, there may be preexisting ideas, concepts, or proposals that are similar to my Submission. I recognize that other persons, including Candivan’s own employees, may have submitted to Candivan or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that Candivan may have the right to use, and I understand that I will not be entitled to any compensation because of Candivan’s use of such similar or identical ideas, concepts, or proposals in any manner. I understand and agree that Candivan’s use of material containing features or elements similar or identical to those contained in my Submission will not obligate Candivan to negotiate with me or entitle me to any compensation if Candivan determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by me, or were or may hereafter be independently created and submitted by other persons, including Candivan employees).
SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this Application shall in no way affect the validity or enforceability of any of the remainder of this Application, which shall be enforced to the maximum extent permitted by law. I have read, understand, and agree with the foregoing, including, without limitation, the Official Rules attached hereto as Exhibit A. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THE ATTACHED OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THE CONTEST.
OFFICIAL RULES. Entering the Contest: Each applicant or permitted applicant team, as detailed in the Official Rules (“Contestant” or “Contestants”) must submit: a full application found on our pitches page. Submissions must comply with the Criteria for Eligible Submissions (below), and the Entry and Contestants must meet the Eligibility requirements (below) for the Entry to be accepted into the Contest.
Semifinals: From the eligible Entries, which will be evaluated as detailed below Candivan will select up to thirty (30) semifinalists (each, a “Semifinalist”); each Semifinalist will be required to provide: 1) A full five to ten (5-10) minute video version of his or her pitch 2) a sample script for the show, no fewer than ten (10) pages 3) possibly a second, more detailed application.
Finals: From the Semifinalist group of Entries, Candivan will select up to five (5) finalists (each, a “Finalist”), as detailed below. Each Finalist will be asked to have a video interview with the Candivan team and will possibly be asked to record a trailer for his or her show, with access to funding in an amount to be determined by Candivan, in accordance with the specific instructions provided at a later date to the Finalists (each, a “Finalist Submission”). In order to participate as a Finalist, you must not be a member of the Writers Guild of America (the “WGA”) or you must be willing to temporarily waive your guild benefits until Candivan moves out of a deferment only profitability.
Winners: Winner or Winners will be selected as detailed below, and each will have their Show Pitch developed by Candivan into one or more episodes of a Pitch (collectively, the “Winning Programs”), which will be intended for broadcast on the Candivan site. If a trailer has not been recorded at this time, a trailer for his or her show, with access to funding in an amount to be determined by Candivan. Winner will be dubbed with the title “Showrunner.” Showrunner will be responsible for fully creating scripts for the first three potential episodes of show. Each Digital Winner will have his or her Pitch developed into approximately twelve to forty (12-50) minutes of digital content for initial exhibition and distribution, and quite possibly additional episodes made. Subscribers to Candivan’s site will vote on these first episodes. If your show receives enough votes from Candivan’s subscribers Showrunners will be obligated to produce the scripts for more episodes, up to a five to ten (5-10) episode season (agreed on before Winner is declared). Candivan’s sole discretion, on candivan.com and possibly elsewhere (“Digital Program”). Candivan will determine in its sole discretion what services, if any, the Winners will perform with respect to the Winning Programs and the Digital Program(s), and any such services will be pursuant to the terms of a separate agreement.
Agreement with Conduct of Contest: The system of review and selection utilized by Candivan, further detailed below, will involve, among other things: viewing by the Candivan team of the initial Submissions from which Candivan will choose the Semifinalists; the selection of the Finalists by a Candivan Selection Panel; the selection of the Winners by the Candivan team; and the selection additional episodes by public voting. The system is subject to the sensibilities and taste of each individual reviewer involved. By entering into this Contest, you fully realize and accept that you are entering a contest that employs such review systems, and you agree to accept the findings and results of the reviewers, knowing that you may not contest or dispute those ratings. EACH PERSON WHO PARTICIPATES IN THE CONTEST FULLY AND UNCONDITIONALLY AGREES TO COMPLY WITH AND ABIDE BY THESE OFFICIAL RULES AND THE DECISIONS OF CANDIVAN, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS. IF YOU DO NOT AGREE WITH THESE POLICIES REGARDING THE REVIEW SYSTEMS OR ANY OTHER ELEMENT OF THIS CONTEST, DO NOT ENTER THIS CONTEST. YOU UNDERSTAND THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS BY ENTERING THIS CONTEST, INCLUDING, WITHOUT LIMITATION, YOUR RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS CONTEST.
ELIGIBILITY TO PARTICIPATE IN THE CONTEST, WAIVERS AND RELEASES: A. Eligibility Criteria: You must meet the following eligibility requirements and agree to the following waivers and releases to participate in the Contest and for your Entries to be considered eligible:
1. You must be legally authorized to live, work and participate in the Contest in The United States. If you’re outside of the United States you must assure that you can legally submit and work for us in the country you’re in. The Contest is void where prohibited by law.
2. You must be at least 18 years of age at the time of entry. Any misrepresentation of age regardless of when discovered by Candivan will result in disqualification.
3. You must not currently be an officer, director or employee of any competing sites or networks.
4. You must not have created a similar show that currently is on the air on a national broadcast or cable network.
5. You must not currently have an “overall,” “term” or “first look” deal with a television studio or a broadcast or cable television network or streaming service (as those terms are commonly understood in the entertainment industry) on this or a similar pitch. Your participation in the Contest may not violate any other obligations at law, pursuant to contract, or otherwise, that you may have.
6. Versions of this show or anything similar must have never been picked-up or optioned by another network.
7. Advancement to becoming a winner is conditioned on your submission to a background check and other screenings (including, without limitation, an interview) as required by Candivan and in accordance with applicable laws. Candivan may disqualify you if your background check reveals that your continued participation in the Contest may, in Candivan's sole discretion, bring Candian into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, Candivan or any sponsor of the Contest.
8. If selected as a Finalist, you must execute waivers, releases, a standard writing/producing agreement (the terms of which will apply only if you are selected as a Finalist) and other agreements and documentation as required by Candivan.
9. If you are selected as a Finalist, you will need to write the first three episodes of your show, and you must be available for production of your Finalist Submission on dates and for the duration determined by Candivan in its sole discretion. If your show is voted as a winner by Candivan subscribers, you will be responsible for creating all episodes of a season, ranging from five to ten (5-10) episodes. All Finalists will receive further instructions in that regard in advance.
10. If you are selected as a winner you will not be entitled to any financial compensation. You are volunteering to be a writer for Candivan, and there is no guarantee of payment, nor is there guarantee of equity or any other position with Candivan LLC.
11. Writers Guild of America: To participate as a Finalist, you must not be a member of the Writer’s Guild of America, or you must be willing to waive your guild benefits and take a deferred and only potential compensation.
12. You must own any and all rights in the Pitch that you submit and, as further detailed in the Submission Criteria, by submitting a Pitch, you represent and warrant that you own all such rights and you are willing to grant those rights.
13. By submitting a Pitch as part of your Submission, you grant to Candivan, its successors, licensees and assigns, an option to develop your Pitch into a presentation and to exercise any other rights associated with the production of such presentation that may arise if you are selected as a winner.
14. Candivan will own all content that creators shoot for us. While you are still entitled to use your idea and show title outside of Candivan, Candivan has permission to keep and shoot all scripts, and to use and keep video content submitted to us on our site and for advertisement purposes.
B. IDEA MISAPPROPRIATION WAIVER: By entering the Contest and submitting a Submission, Contestants agree to and acknowledge the following: You understand that although you may believe your Submission to be unique and novel, there may be preexisting ideas, concepts, or proposals that are similar to your Submission. You recognize that other persons, including Candivan’s own employees, may have submitted to Candivan or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that Candivan may have the right to use, and you understand that you will not be entitled to any compensation because of Candivan’s use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that Candivan’s use of material containing features or elements similar or identical to those contained in your Submission will not obligate Candivan to negotiate with you or entitle you to any compensation if Candivan determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including Candivan employees).
CRITERIA FOR ELIGIBLE SUBMISSIONS: A. SUBMISSIONS: Submissions will be accepted for consideration between September 18 2017 and October 18, 2017. Entries may not be acknowledged.
1. All Submissions must be original work solely of the Contestant or Contestant Team (as defined below).
2. The Pitch must be for material that will produce episodes ranging from twelve to forty (12-40) minutes and must be for a potential five to ten (5-10) episode season. Shows should fit the Candivan brand, meaning they are independent, fun, edgy, low-budget and has artistic merit.
3. The Pitch should be a pitch for the pilot or premiere episode of a potential series.
4. The Pitch should be for a “live action” production (i.e., no animation or CGI) unless you have the means to produce the work yourself and with minimal cost.
5. The Pitch must not have previously been developed at or purchased by any studio or network, or professionally produced in any manner. Pitches that are based on an adaptation of written source material, or are based on other works may be subject to disqualification from the Contest in Candivan’s sole discretion unless you are already the sole owner of the material.
6. Entries must be in the English language.
7. Your Pitch must be producible in the United States, or you must be able to produce it yourself if you are located in any other country, or you must have full legal rights to give us scripts.
8. Any Submission containing material that is obscene, defamatory, illegal, or inappropriately offensive, or that does not otherwise comply with these Official Rules, may be rejected as ineligible for consideration in Candivan’s sole discretion.
9. Even if you’re a winner and we produce your scripts, you are not entitled to receive competition from Candivan. All payments for winners will be deferred and it is conditional on the success/ profits of Candivan LLC.
10. Candivan will have the right, but not any obligation, to exhibit or otherwise distribute your Video Sample on Candivan.com or on other platforms, in whole or in part, as part of advertisements and promotions for or in connection with the Contest.
B. Representations and Warranties/Indemnification: Each entrant who makes any Submission represents and warrants to Candivan as follows: (i) the Submission is the entrant's or Team’s own original work; (ii) the Pitch has not previously been purchased, published or professionally produced: (iii) the Submission is wholly original with entrant and, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) all rights in and to the Submission are owned by the entrant or Team (as defined below) submitting it; (v) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (vi) the Submission does not and will not violate any applicable laws, rules, or regulations, and is not and will not be defamatory, libelous, or obscene. Each entrant hereby agrees to indemnify and hold Candivan and its parent, subsidiary and affiliated companies, and its licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Any Submission that fails to fulfill all of the Submission Requirements may, in Candivan’s sole discretion, be disqualified from the Contest at any time at Candivan’s sole discretion.
Improper Contestant Behavior/Force Majeure: Candivan reserves the right in its sole discretion to disqualify, prosecute, and/or pursue any other legal or equitable remedies against any individual: (1) who is found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules; to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person; (2) whose background check reveals that such Contestant's continued participation in the Contest may, in Candivan's sole discretion, bring Candivan into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, Candivan or any sponsor of the Contest; or (3) who is acting in a dishonest manner and/or bad faith. Candivan reserves the right to modify, suspend, or terminate the Contest and these Official Rules if determined, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity or feasibility of the Contest. In the event Candivan is prevented from continuing with the Contest or the Finalist Presentations by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, internet or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, failure of our Kickstarter campaign, or other cause not reasonably within Candivan’s control, Candivan shall have the right to modify, suspend, or terminate the Contest or any portion thereof, as applicable, with no further obligation or liability whatsoever to any Contestant.
Dates and Deadlines: Because of the unique nature and scope of the Contest, Candivan reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules. Likely, Candivan will begin shooting shows for its network in April of 2018, making the projected first three scripts of all our shows completed by March 1st. Contestants will be notified of any such changes, modifications or amendments.
Rule Violations: If Candivan discovers at any time that a Contestant has not complied with any portion of these Official Rules (as they may be changed, modified or amended), Candivan may take all appropriate actions as determined in its sole discretion, including, without limitation, eliminating Contestants from the Contest and withdrawing any Prize that already has been awarded.
Disclaimer of Warranties: Candivan makes no representations or warranties, and hereby disclaims any and all representations and warranties, express or implied, concerning any Prize furnished in connection with the Contest. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Candivan is not responsible for any incorrect or inaccurate information, reviews, ratings, or other materials, whether caused or created by other Contestants or by any of the equipment or programming associated with or utilized as part of the Contest, and Candivan assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the website. Although Candivan attempts to ensure the integrity of the Contest, Candivan is not responsible for the actions of entrants in connection with the Contest, including entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Candivan is not responsible for injury or damage to any Contestants’ or to any other person's computer, other equipment, or person related to or resulting from participation in the Contest, or downloading materials from or using the Site.
IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY: Under no circumstances will any Contestant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that Candivan and the Contest Judges are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, garbled, corrupted, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Candivan, the team, or otherwise, that may limit an entrant's ability to participate in the Contest or send or receive email notifications requiring action or response by such entrant; or (ii) any injury or damage resulting from participation in the Contest or the use of any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light). Notwithstanding the foregoing, entrants do not release any claims with respect to the entrants’ rights (if any) pursuant to applicable workers’ compensation laws