Terms & Conditions - Neal Street Writers Bursary
THE NEAL STREET PRODUCTIONS SCREENWRITING BURSARY
TERMS AND CONDITIONS
As of 1st October, 2020
This document sets out the terms and conditions upon which Neal Street Productions Limited (“NSP”) invites you to apply for The Neal Street Productions Screenwriting Bursary (the “Bursary”) in which five (5) successful candidates will each be entitled to receive twenty thousand pounds (£20,000) for writing their own original screenplay for a television pilot or feature film with the aid and guidance of NSP’s experienced development team.
1. The entry period for applications for the Bursary commences at 00:01 a.m. (BST) on 21 September 2020 and closes at 23:59 p.m. (BST) on 9 October 2020. No applications will be accepted outside of this period.
2. In order to be eligible to apply for the Bursary, you must meet the following criteria:
2.1. You must be a legal resident of the United Kingdom and be able to provide sufficient evidence to verify such residency upon request;
2.2. You must be aged eighteen (18) years or older at the time of your application for the Bursary and be able to provide sufficient identification to verify this age upon request;
2.3. You must not have received a screenwriting credit on any television production or feature film in the UK or USA at the time of your application for the Bursary (NB: You can have produced work in other formats, including short films, and have received a credit with respect to the same or have self-funded or produced a feature film without any involvement by an institution/broadcaster/studio system);
2.4. You must not be a recipient of any other television or film bursary or scholarship as of the date of your application for the Bursary (or at any time thereafter, until the end of the Writing Period (as defined below)); and
2.5. You acknowledge, if successful, that the Bursary will be the primary focus of your professional writing and that you will not receive payment as a screenwriter from another company/broadcaster from the date you are awarded the Bursary or at any time thereafter, until the end of the Writing Period (as defined below) without the consent of NSP.
3. The Bursary is available to Black, Asian and ethnic minority candidates not from white ethnic groups.
4. The Bursary will be paid in instalments, as follows (i) five thousand pounds (£5,000) upon award of the Bursary; (i) five thousand pounds (£5,000) on delivery of your treatment of the Original Screenplay (“Treatment”) to NSP; (iii) five thousand pounds (£5,000) on delivery of a first draft of the Original Screenplay (“First Draft”) to NSP; and (iv) five thousand pounds (£5,000) on delivery of a re-write of the Original Screenplay (“Second Draft”) to NSP (together, the “Funding”). The “Original Screenplay” is defined in paragraph 11 below.
5. NSP will not accept entries for the Bursary from agents (although, for the avoidance of doubt, applicants are not precluded from having an agent) or any submissions made for or on behalf of another person or entries which have been automatically generated by computer software (or otherwise) but will accept entries from writing teams of two people provided that both applicants fulfil the eligibility criteria. For the avoidance of doubt, such submissions will be treated as a sole entry and, if successful, be counted as a single Bursary recipient. NSP reserves the right, in its sole discretion, to disqualify any individual found to be (i) tampering with the entry process, the outcome of the Bursary award, or the operation of the Bursary or the NSP website; (ii) acting in violation of these terms and conditions, including by making unsolicited submissions despite failing to meet the eligibility criteria; or (iii) acting in an disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. If NSP suspects fraudulent activity then it reserves the right to suspend further applications for the Bursary pending an investigation into such activity.
6. By applying for the Bursary, you confirm that all personal information provided to NSP by you is complete and accurate. NSP hereby notifies you of its intention to process your personal data in accordance with the terms of NSP’s Privacy Notice (which is set out in the Appendix to these terms and conditions), and any subsequent amendments thereto made from time to time. NSP intends to announce the names of the successful recipients of the Bursary on its website, together with a biography and link to the recipients’ work (if applicable). If you do not want your personal information to be made available on the NSP website, then please contact Lola Oliyide.
7. To apply for the Bursary you must: (i) complete the online application form; and (ii) upload a sample of your work (including the title, type of submission and page count), which must be different from (although may explore similar themes, areas or topics to) the Original Screenplay you intend to write if successful, and which must be one of the following: (a) a completed screenplay for a feature film; (b) a completed screenplay for a television pilot; (c) a completed script for a theatre play; or (d) a completed short story (the “Sample”). The Sample must be a minimum of thirty (30) pages and maximum of one hundred and twenty (120) pages. NSP is unable to accept short films, novels, articles, poetry or other types of writing as the Sample.
8. The five (5) successful recipients of the Bursary will be selected in two (2) stages:
8.1. Stage 1: Following the closing date for applications for the Bursary (as set out in paragraph 1), a panel of readers comprised of two (2) members of the NSP team and four (4) to five (5) independent readers, will review each Sample and will together choose a shortlist of up to ten (10) entrants.
8.2. Stage 2: The ten (10) shortlisted entrants will then be invited to an interview with NSP, following which the five (5) successful applicants will be selected and notified.
9. The decision of NSP following Stage 1 and Stage 2 will be final, and no correspondence with unsuccessful entrants will be entered into. NSP reserves the right, in its sole discretion, to increase or decrease the number of recipients of the Bursary.
10. NSP will make all reasonable attempts to notify you if you are a recipient of the Bursary. If NSP is not able to contact you within 7 days of its first notification attempt or, in the event that you cannot accept the Bursary or no longer meet the eligibility criteria, NSP may elect, in our sole discretion, to choose an alternative recipient of the Bursary.
11. If you become a recipient of the Bursary, the NSP team will assist and support you in the development of an original screenplay for a television pilot or feature film (the “Original Screenplay”) over a three (3) month period, or such other period as is notified to you by NSP (the “Writing Period”). As a recipient of the Bursary, you shall enter into a separate agreement (the “Agreement”) with NSP which shall provide for the following:
11.1. You shall submit your Treatment, First Draft and Second Draft within the Writing Period. The Second Draft must be between fifty-five (55) and sixty (60) pages if it is a screenplay for a television pilot or between ninety (90) and one hundred and twenty (120) pages if it is a screenplay for a feature film. You will be able to collaborate with and discuss each iteration of the Original Screenplay and gain advice from the NSP team at each stage and, specifically, you shall be entitled to receive the following during the Writing Period:
11.1.1. 3x meetings with the NSP development team. These meetings will take place following the submission of the Treatment, First Draft and Second Draft respectively;
11.1.2. 2x half hour meetings with an NSP Company Director; and
11.1.3. Access to networking opportunities with established writers and commissioners.
11.2. During the Writing Period and for a period of eight (8) weeks following the delivery of the Second Draft to NSP (the “Lock Period”):
11.2.1. you shall not be entitled to grant any rights to any third party in the Original Screenplay (and/or any preliminary and extraneous work) nor to show or disseminate the same to any third party; and
11.2.2. NSP shall be entitled to undertake preliminary development activities in relation to the Original Screenplay (and/or any preliminary and extraneous work) such as (without limitation) developing further storylines or undertaking development budgeting and scoping activities and approaching potential broadcasters, financiers and commissioners.
11.3. From delivery of the Second Draft until the end of the Lock Period, NSP shall have the right, but not the obligation, to take an option over the Original Screenplay (which may contain further development steps to be undertaken by you), in which case the terms of paragraph 11.2 above shall continue to apply and you shall enter into an option agreement with NSP on NSP’s standard form (the “Option Agreement”), which shall contain as a minimum: (i) an initial term of eighteen (18) months (the “Initial Option Term”), extendable by a further twelve (12) months (the “Extended Option Period”) on notice to you from NSP; (ii) an acknowledgement that the Funding already received by you incorporates consideration (the sufficiency of which shall be expressly accepted and acknowledged) for Initial Option Term and that the amount of additional consideration payable (if any) in the event that NSP notifies you that it wishes to extend the Initial Option Term by the Extended Option Period shall be negotiated in good faith in line with the industry standard for such payments at the time of the extension; and (iii) upon exercise of the option, you shall grant a full assignment of all rights in the Original Screenplay (including, without limitation, all preparatory materials, research notes, treatments, drafts, revisions, polishes) and the results and proceeds of your services, together with an irrevocable and unconditional waiver of all moral rights.
11.4 In the event that NSP elects not to option the Original Screenplay prior to the expiry of the Lock Period or the Option Agreement otherwise expires without the option being exercised by NSP, you shall be entitled to use the Original Screenplay in any way you wish and you shall retain all copyright and all other right, title and interest in and to the Original Screenplay provided that NSP shall be properly credited on any final television or film production of the Screenplay as having developed the script with you.
11.5. You shall not, without the prior consent of NSP, make any statement, announcement or give any information directly or indirectly relating to the Bursary, the Original Screenplay, the Agreement (or, if applicable, the Option Agreement), or the internal affairs or production activities of NSP (including, without limitation, the subject matter of the same, any cast and other personnel, the filming process and any scripts or screenplays) to any person or entity (including, without limitation any journalist, critic or correspondent of any newspaper or publication) or on any on-line messaging service, website, blog, social network (including Facebook, Twitter, Instagram and YouTube) or any other internet or intranet-based form.
12. In applying for the Bursary, you represent, warrant and undertake that:
12.1. the Sample and the Original Screenplay (if applicable) shall be your original works and you own and control all the necessary rights, title and interest, including the entire copyright in the same and that you have not borrowed or copied the works of another person and presented those works as your own without adequate acknowledgement or otherwise infringed the rights of any other party. (NB: An ‘original work’ can be based on or contain elements of a public domain work, but that work must be in the public domain in all countries, worldwide);
12.2. the Original Screenplay:
12.2.1. shall not contain obscene or defamatory material or any malicious falsehoods;
12.2.2. shall not contain any commercial content that promotes any product or service; and
12.2.3. shall not be encumbered in any way and shall not have previously been produced at any time and shall not be in production or under option.
13. You acknowledge that becoming a Bursary recipient does not impose any obligation on NSP to actually develop and/or produce a feature film or television series based on the Original Screenplay that you produce and you shall have no claim against NSP for any loss of opportunity, earnings or otherwise in respect thereof.
14. You may be required to participate in publicity or advertising by NSP and if you become a recipient of the Bursary NSP may ask you to: (i) participate in any publicity or promotional activities concerning the Bursary, NSP, the Original Screenplay and any subsequent production based on the same as may be reasonably required by NSP; and if you participate in such publicity then you agree (ii) that NSP may use your image, name, voice, statements, likeness, works and/or biographical material for such purposes, in any media or format, whether now known or hereafter developed, including but not limited to the internet, at any time or times in perpetuity, without further compensation or notice, and hereby release NSP from any liability with respect thereto.
15. To the maximum extent permitted by law NSP reserves the right, in its sole discretion, to (i) modify or change these terms and conditions at any time, including without limitation, updating the eligibility or selection criteria or to suspend or cancel the Bursary and in the event of any such modification, NSP will provide an update on its website as soon as practicable ; and (ii) offer a customised approach to applicants for the Bursary on a case by case basis, including without limitation, entering into further collaboration with the applicant regarding script development.
16. You acknowledge and agree that NSP and/or any participating readers and/or any other applicant to this Bursary may be independently developing or producing separate works which could resemble the Sample and/or the Original Screenplay and incorporate concepts, themes, formats, plot lines, or characters similar to those in the Sample and/or the Original Screenplay. You acknowledge and agree that you are not entitled to any compensation and have no rights of any kind with regards to works which are incidentally similar to yours.
17. By applying for this Bursary, you agree:
17.1. to release, discharge, indemnify and hold harmless NSP, its affiliates, related companies and successors, assigns and licensees, as well as their directors, officers, and employees from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Bursary; and
17.2. not to assert against NSP, its affiliates, related companies and successors, assigns and licensees, as well as their directors, officers, and employees any claim or action of any kind arising out of or in connection with an alleged infringement of your intellectual property rights in accordance with Paragraph 16, unless there is a substantial similarity between any content which is subsequently produced by NSP and the Sample and/or the Original Screenplay (if applicable) which you submitted, such as a verbatim copy of a material portion of your script or other written material.
18. The provisions of these terms and conditions constitute the entire agreement between you and NSP relating to its subject matter. These terms and conditions shall be governed by (including, without limitation, in respect of non-contractual matters) and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts. You agree that your only recourse against NSP for any breach of these terms and conditions or otherwise in relation to the Bursary shall be a claim in damages.
APPENDIX: PRIVACY NOTICE
The below privacy notice explains how Neal Street Productions Limited (“we”, “us” or “our”) handles any personal information about you as part of The Neal Street Productions Screenwriting Bursary (“Bursary”). All capitalised words and phrases used herein that are not expressly defined shall have the meaning given to them in the terms and conditions for the Bursary.
1. What personal information is collected: We will collect your name, address, email address, telephone number, age, ethnicity (optional), professional and educational background and experience and certain other information required when you complete our online application form. If you become a recipient of the Bursary, we will also collect your bank account information and certain tax details from you. We may also collect personal information about you from publicly available sources, such as social media channels. Please note that if you do not provide certain personal information which is indicated as being mandatory at any stage of the process, then this may result in disqualification from the Bursary scheme or forfeiture of any money awarded.
2. Purposes for which personal information will be used: The main purposes for which we will use your personal information are: (i) to administer and run the Bursary; (ii) to contact you regarding the Bursary; (iii) to determine your suitability for the Bursary; (iv) to make payments to you if you are a Bursary recipient; and (v) for any other purposes indicated in the terms and conditions for the Bursary, the Agreement (if applicable) or the Option Agreement (if applicable). We may also use your personal information for legal and regulatory compliance purposes, for example, to ensure compliance with legal or fiscal obligations.
3. Legal basis for processing: We will only process your personal information where we have a legal basis for doing so. Generally, we will be processing such information in order to comply with our contractual obligations to you under the terms and conditions for the Bursary, the Agreement (if applicable) or the Option Agreement (if applicable). We may also process certain personal information based on your consent – in these cases you can withdraw such consent at any time. We may also process your personal information to comply with our legal obligations or because it is in our legitimate business interests to do so (for example, where it is necessary to evaluate your prior experience in the film and television industry).
4. Where personal information is stored: Your personal information may be transferred to, and stored at, a destination outside Europe in countries which have less strict, or no data protection laws, when compared to those in Europe. In these cases, we will take appropriate steps to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely. You can contact us for a copy of the applicable safeguards which we have put in place.
5. How long personal information is stored for: We will keep your personal information for as long as necessary for the purposes described in this notice. Typically, if you are a Bursary recipient, we will keep your personal information until the later of the Lock Period or the expiry of the Option Agreement unless we have permission to keep your personal information on file so that we may contact you again if another opportunity arises – in this situation we will retain your personal information for 12 months.
6. Who personal information is disclosed to: We may disclose your personal information to (i) readers involved in the selection of Bursary recipients; (ii) any production company involved in producing your screenplay if your work is optioned by NSP; (iii) our insurers so that we can maintain appropriate coverage; and (iv) our service providers to conduct and manage the Bursary. Finally, we may disclose your personal information to other third parties (i) when required to do so by law; (ii) in response to a request for assistance by the police or other law enforcement agency; and/or (iii) to seek legal advice from our lawyers.
7. Your rights: In certain cases, you have the right to request access to, rectification or erasure of, the personal information we hold about you. You may also have the right to object to or restrict certain types of use of your personal information and request to receive a machine-readable copy of your personal information. If you have concerns about the way in which we have handled your personal information, you should contact us in the first instance. If you are still dissatisfied, you have the right to complain to the applicable supervising authority.