REGULATIONS

1. General provisions

1.1 Public organization "Ukrainian Film Academy," in cooperation with Netflix, announces a “Post-Production Grant Program” (hereinafter referred to as the Program) to help Ukrainian creators in Ukraine and around the world who have been affected or displaced by the war to continue and develop their work. 

1.2 “Post-Production Grant Program'' is conducted by the Public organization "Ukrainian Film Academy '' (EDRPOU code: 41176371), Ukraine, Kyiv city, Symona Petliury Street, build. 30 (hereinafter referred to as the Organizer).

2. Program Description

2.1. Ten (10) grant recipient projects of the Program will receive $10,000 each to be spent on post-production services of Ukrainian original feature fiction or documentary films (duration of 50 minutes or longer respectively) at the production or post-production stages at the time of submission.

2.2 The Grant will be paid to the Ukrainian majority producer of the project in Ukrainian hryvnia at the interbank exchange rate (after the execution  of the Grant Agreement) by wire transfer to the bank account of producer's legal entity or individual entrepreneur.

2.3 The Program will be conducted according to the following timeline:

• From 11:00:00 on August 25th, 2023 till 23:59:59 October 6th, 2023 - applications open for submissions;

• By November 1st, 2023 - announcement of the grant recipients;

• Mid year report due 30th May 2024

• November 2024 - deadline for completion of post-production works.

2.4  The Grant recipient does not transfer any rights to the project to the Organizer or third parties, and the Organizer, Netflix, or any third party does not in any way prevent the Grant recipient from using their project in the future.

3. Eligibility Criteria for Program Participants

3.1 Ukrainian projects (both national and majority co-productions) at the production or post-production stage are eligible to participate in the Program, if both the director and majority producer have Ukrainian citizenship.

3.2 Participants of the Program must be citizens of Ukraine who are living in Ukraine or those who were forced to leave Ukraine in 2022.

3.3 Citizens of Ukraine residing in the so-called “restricted regions of Ukraine” are not eligible to participate in this Program.

“Restricted Region of Ukraine” means the territories of Ukraine that are subject to United States sanctions.

3.4 The producer must represent a legal entity (LLC) or be an individual entrepreneur (IE) registered in accordance with the current legislation of Ukraine and have the appropriate legal basis to represent the project.

3.5 To apply, the Program participants have to be over 18 years old. Applications are accepted without the restriction of upper age limit, disability, race, gender, ethnicity, religion, sexual orientation, or country of residence.

3.6 The project must have a maximum of 30% financing gap, taking into consideration only confirmed sources of financing. 

3.7 There are no genre or topic restrictions for projects participating in the Program. We welcome projects that would contribute to the audience’s understanding of the lived experience of Ukrainians and Ukrainian culture broadly.

3.8 To participate in the Program, it is necessary to complete the application form correctly and upload the submission materials on the Organizer’s website. Mandatory submission materials - all in English:

• Presentation (deck) of the project, including comprehensive synopsis, bios of the main creators, directorial vision, brief overview of the project's timeline, distribution, marketing & festival strategy - with clear indication if the project had been selected to any pitching, in development industry events or had been presented in any other industrial capacity and list all co-production, commissioning and/or distribution partners both attached or at LOI stage, which indication of the status.  

• Financial plan in Ukrainian hryvnia and US dollars, with clear indication of the rate and financial gap;

• Statement of which exactly post-production services are to be covered with the grant funding with the official financial quote/calculation from the Ukrainian entity;

• Video min 5' and max 10' of several not necessarily consecutive scenes with English subtitles with the short explanation of the scenes.

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4. Obligations of Grant Recipients: 

4.1 The Grant recipient of the Program is required to submit to the Organizer:

• a mid year report by May 30th, 2024 including the updated financial plan with the indication of the remaining financial gap, if any, the list of post-production services yet to be completed, the estimated film delivery date and the festival/distribution plans up to date;

• a report of use of Grant funds 10 business days after financing the post-production services with grant funds, but not later than by November 30, 2024.

4.2 The grant funds can be spent exclusively towards the quota/calculation of the Ukrainian post-production services provider, either legal entity or individual entrepreneur, that had been submitted by the participant at application stage. The report must include the initial quote/calculation with the act of acceptance of works by the post-production service provider.  

4.3 Grant recipient must notify the Organizer within 10 business days when the project is complete and ready for delivery and provide notification of film/doc delivery from the production company.

4.4 If any changes in funding of the project (both - increases and decreases) have occurred from the moment of submission to the announcement of the list of Grant recipients, the Participant must inform the Organizer about it by electronic letter within 3 business days from the date of the occurrence of the change. For the avoidance of any doubt, if funding of the project decreases below the 30% maximum financing gap, this project will no longer be eligible for this program. If funding of the project increases to a need of below $10,000, and the project is successful, then partial financing will be granted.

4.5 During their participation in the Program, the Grant recipients undertake to comply with the requirements of these Regulations and regulations of the current legislation of Ukraine.

4.6 By participating in the Program, the Program Grant recipients agree and confirm that they read and fully agree with these Regulations.

4.7 In case the Grant recipients provide false/incorrect data for participation in the Program, including the means of communication with such Grant recipients, such Grant recipients will lose the right to continue participation in the Program.

4.7 Participation in the Program automatically means the fact of knowledge and full and unconditional consent of the Grant recipient with these Regulations. Violation of these Regulations by the Grant recipient or refusal of the Grant recipient to properly comply with these Regulations would be deemed a refusal of the Grant recipient to participate in the Program, and such person would not be entitled to receive any compensation from the Organizer.

4.8  Any Grant recipient who does not fulfill/improperly fulfills the terms of these Regulations will lose the right to participate further in the Program.

5. Project evaluation

5.1 Projects will be evaluated by one Ukrainian and four international industry experts, who are not eligible to submit their own projects for evaluation (e.g. in the case of international experts - if he or she is the minority co-producer, or in the case of the Ukrainian expert - if he is the majority producer). In case there is any conflict of interest or connection to any submitted project, the expert has to notify the Organizer immediately and the project will not be eligible for submission. 

5.2 The experts will evaluate the projects based on the following criteria of the materials submitted by the participant for participation in the Program:

• Clarity of premise, story, characters, their stakes and rules of the world

• Ability to identify with the story, presence of universal human themes

• Originality, presence of thought-provoking themes, multidimensional characters, layers to explore, twists & turns, clues to piece together as well as some pay-off

• Character driven - strong complex characters with clear, understandable motivations that combine to define the direction of the characters' dramatic arc/journey. Presence of urgent questions to be answered / uncovered

• The idea of the project is relevant for both Ukrainian and international viewers today and in the future

• The project had been selected and received awards/mentions from one or more international industry events for pitching/in development/ script program

• Festival potential of the project

• Distribution potential of the project including presence of international co-producer, commissioner,  financial partner and/or sales agent

The average arithmetic score (including one digit after coma) is used as a result of the obtained grades for each project. Based on this assessment, a ranking list of Grant recipients projects is formed.

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6. Confidentiality

6.1 Information about the project submitted by the Grant recipient, as well as any information about the Grant recipient, is considered confidential.

6.2 The Parties or their representatives shall not disclose confidential information of the Parties without the written consent of the other Party, except as provided by the current legislation of Ukraine. Exceptions are lawyers (attorneys), accountants, bankers, or financial advisors hired by the Parties, as well as copyright (author), judicial, governmental, and other similar competent organizations involved in consideration of any issue related to these Regulations.

6.3 In case of damage caused by the disclosure of confidential information without the consent of the other Party, the guilty Party is obliged to reimburse the injured Party for all actual losses related to this, confirmed by the relevant documents.
 

7. Other terms of the Program

7.1 By participating in the Program, each Grant recipient thereby confirms their consent to the transfer, collection, processing, and use of their personal data. The personal data of the Grant recipients would be used exclusively by the Organizer or their authorized persons in compliance with the necessary confidentiality measures and exclusively in connection with the Program and would not be provided to any third parties for purposes not related to this Program. In respect of all personal data provided by the Grant recipients, the Organizer or their authorized persons took measures to ensure the security of personal data in accordance with the Law of Ukraine “On Personal Data Protection”.

7.2 Netflix does not assume any obligations with respect to the initial review or any other obligations pertaining to the production or acquisition of such projects..

7.3 For the avoidance of doubt, Netflix does not have access to or participate in any evaluation of the materials during the application process or at the end of the Program.

7.4 The Organizer does not share the project details and personal data of the Grant recipients with Netflix. Netflix will receive only depersonalized information about the Grant recipients' gender and country/region of residence.

7.5 The Grant recipients authorize the Organizer to use in the public space (on news resources, websites, social networks, etc.) information about the project, namely a brief description of the project (synopsis), team photos, quotes from any of the Grant recipient's team, etc. 

7.6 The terms used in these Regulations refer exclusively to this Program. In the event of a situation that involves an ambiguous interpretation of these Regulations, any disputes and/or issues not regulated by these Regulations, the decision would be made by the Organizer.

7.7 All relations related to the Program are regulated on the basis of the current legislation of Ukraine.