Breakthrough USA 2023 Terms and Conditions

These terms and conditions apply to the 2023 Breakthrough USA initiative (the “Initiative”) and any Content you submit to BAFTA in support of your application (as described below). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not apply for the Initiative or submit any Content. By submitting an application, you will be deemed to have accepted these Terms and Conditions. If you have any questions on the Terms and Conditions, please contact [email protected].

ENTRY PROCEDURE
You (or your nominated representative) may apply to the Initiative by submitting a completed online entry form together with your CV, a showreel and any supporting materials as required. Your application form and your supporting materials are together referred to in these terms and conditions as the "Content". If you submit an incomplete application form or you fail to submit a CV and the requested supporting materials by the closing date you will not be eligible for consideration in the initiative.  Breakthrough will close for applications on Wednesday, June 28, 2023 at 3:30pm PDT / 6:30pm EDT.

WHO CAN ENTER
Anyone who is over the age of 18 and who satisfies the applicant experience criteria set out below may apply.

We are looking for candidates who, at the time of application:

• Are aged 18 or over.
• Are working in the US, especially from regions and communities that are currently underrepresented in the screen industries.
• Have been primarily residing in the United States for at least 2 years.

In film and television, candidates must also:

• Have a professional credit on a piece of work that has been, or scheduled to be
• Theatrically released in the US between June 1, 2022 and September 1, 2023
• Broadcast on a US television channel or streaming service between June 1, 2022 and September 1, 2023 
• Writers, producers, performers or directors working in scripted are eligible if they have completed at least one, but no more than two, projects on which they had a lead role.
• Producers and directors working in factual and non-scripted (this includes producer/directors, series producers, multi-camera and gallery directors and development producers) are eligible if they have completed at least one project on which they had a lead or impactful role.
• Practitioners from any other craft area are eligible if they have completed at least one project on which they had a lead or impactful role.
• Practitioners from underrepresented groups in the industry, in any role, who have faced barriers to their progression are eligible if they completed at least one project on which they had a lead or impactful role.

In games, candidates must also:

• Have a professional credit on a piece of work that has been, or scheduled to be, published or released in the US between June 1, 2022 and September 1, 2023
• Have completed at least one project on which they had a lead or impactful role

Films without a USA theatrical or SVOD release may qualify if they have screened in the Official Selection at a minimum of one international or North American film festival between June 1, 2022 and September 1, 2023.

We welcome applications from all craft areas and particularly practitioners from under-represented groups in the industry, in any role, who have faced barriers to their progression.

CLOSING DATE
We must receive all Content via the website no later than Wednesday, June 28, 2023 at 3:30pm PDT / 6:30pm EDT. Please take into account the time it might take your Content to be uploaded to the website – don’t wait until the last minute.

WHEN WILL I KNOW IF I HAVE BEEN SELECTED?
Those selected to participate in the Breakthrough USA initiative will be announced in Fall 2023. BAFTA will update all applicants on the status of their application prior to the announcement.

WARRANTIES
You represent, warrant and agree that:
1. You are the owner of all the rights in the Content or you have sought and received written permissions from owners of all materials featured in the Content, there are no disputes regarding ownership of the Content and you have the full authority to submit the Content.
2. No Content (or part thereof) submitted by you will:
a. Be false or misleading or omit information that should be disclosed by you or which infringes the copyright, moral right, performing rights, rights of privacy, trademark or other proprietary right of any third party;
b. Constitute a misuse or unauthorized disclosure of any confidential information belonging to a third party;
c. Contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software or hardware or telecommunications equipment.

INDEMNITY
You indemnify BAFTA against all claims, costs proceedings, demands, losses, damages, expenses, including legal costs or liability whatsoever arising directly as a result of any breach by you of any representations, warranties or other terms contained or implied in this Agreement.

PUBLICITY
By entering the initiative, you agree to be named in the media and to participate in as many promotional and press activities as possible, including:

• Media interviews
• Photo opportunities
  • Please note that if your application is successful, you will need to be available for a photoshoot on either Saturday, October 21 or Sunday, October 22, 2023 in either Los Angeles or New York.

 If you are one of those selected for Breakthrough USA 2023, we expect you to take part in announcement events and activity as required.

 We ask that you do not make any announcement or issue any publicity in relation to the initiative without our knowledge.

 If you are selected for Breakthrough USA 2023, you will be permitted to describe yourself as such for the year following the date of the initiative. No other use of any BAFTA intellectual property (including trademarks and other logos) is permitted without BAFTA’s prior written approval.

INSURANCE
BAFTA cannot take responsibility for any loss or damage to the Content or the materials on which the Content is delivered to us – you provide all such delivery materials to us at your own risk.

We cannot return any of the Content materials to you so please ensure that you keep copies of all materials delivered to us as part of your submission.

DECISIONS
The Sub-Committee and Jury decisions in all matters regarding the initiative, the shortlist and those selected for the initiative are final and no correspondence will be entered into.

MISCELLANEOUS
BAFTA accepts no responsibility for:

• Lost, late, incomplete or undelivered applications, notifications or communications
• Any event which may cause the initiative to be disrupted or corrupted. We will use our reasonable efforts to ensure that our website is available during the period for submission of applications, but we make no guarantees and accept no liability for any failure in the availability of our website.
• Proof of submission of Content shall not be proof of receipt. Receipt time will be based on time clocked on the BAFTA website server.

BAFTA reserves the right at its sole discretion to:

• Disqualify any individual who tampers with the entry process including but not limited to any unauthorized use of any computer program, script, or any other device or methodology or process intended to automate any aspect of the entry and voting process or engineer any result of voting.
• Cancel, terminate, modify or suspend the initiative.
• Amend these terms and conditions where reasonably necessary. We will post a notice on the website of any such amendments but your continued use of the website will be deemed to be acceptance by you of any such changes.

You release and hold BAFTA from any and all liability and any injuries, loss or damage of any kid arising from or in connection with this initiative to the extent permitted by law.

By entering the initiative, you give BAFTA permission to contact you from time to time with essential updates about the initiative and, of course, contact you if you’ve been selected.

GOVERNING LAW
These terms and conditions shall be governed by and in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.