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LEVER FOR CHANGE ACTION FOR WOMEN’S HEALTH RULES

1. Definitions and interpretation

In this document, capitalized terms have the following meanings, unless otherwise expressly indicated:

1.1 "Application" means an entry submitted by an Applicant in response to the Open Call.  The Application includes all attachments and exhibits, and all inputs provided by the Team Leader’s collaborators.

1.2 "Applicant" or "Applicant Organization" means an organization that meets the eligibility requirements of this Open Call and that submits or proposes to submit an Application to the Open Call and is represented on this Website by a person 18 years of age or older at the time of submission of the Application.

1.3 "Award" means any form of benefit or other forms of recognition to declared Awardees, as set out in the Open Call Rules.

1.4 "Awardee" means an Applicant whose Application is selected by the Open Call Sponsor to receive award funding in accordance with the Open Call Rules.

1.5 "Open Call" means the Action for Women’s Health Open Call posted on this Website, however expressed.

1.6 "Open Call Sponsor"  means Pivotal Philanthropies Foundation. The Open Call Sponsor has contracted with Lever for Change to manage the Open Call. Lever for Change is located at 140 S. Dearborn Street, Chicago, IL 60603-5285. 

1.7 "Loss" means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including liability due to infringement of intellectual property rights or due to negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs and defense or settlement costs.

1.8 "RULES" means these rules governing the Open Call as set forth herein, as may be amended from time to time, as well as other instructions provided by Lever for Change or the Open Call Sponsor.

1.9 "TERMS" means the rules with the platform provider of this Website, Submittable, that apply to Your use of the Website.

1.10 "User" means any person who has registered a user account on this Website. The term "User" includes all Applicants.

1.11 "Website" means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of the Open Call. Where the context permits, ‘Website’ or 'website' includes the services provided on the Website. This Website platform is run by Submittable Holdings, Inc. ("Submittable").

1.12 "You" means the person and organization using the Website, including a User, and an Applicant Organization duly organized and  validly existing under state or federal law in the United States of America that is represented on the Website by a User that is a person at least 18 years of age who is the duly authorized representative of such Applicant Organization. Each person submitting an Application must be authorized to submit the Application and to bind the Applicant Organization on whose behalf the Application is being submitted to the RULES.

1.13 "Your" means the possessive of "You".

RULES

Thank you for your interest in the Open Call. The eligibility requirements to participate in the Open Call are set forth in these RULES and the deadlines for submitting submissions are linked here and incorporated by reference herein.

By participating in the Open Call and in accordance with these RULES governing the Open Call (“RULES”), You are applying to potentially receive various forms of recognition and a possible Award of $1 to $5 million USD from the Open Call Sponsor. The RULES stated herein are in addition to the Terms & Conditions ("TERMS") for use of this Website and You are hereby bound to the same extent and by the same steps as described in the TERMS.  

The full TERMS are available for Your review by accessing them on this Website. Please read the RULES and the TERMS carefully, as they describe the conditions under which You are allowed to participate. As You participate, You may periodically be asked to recognize Your acceptance of these RULES and the TERMS by clicking "accept" at various pages on this website, but by continuing any use of this Website You expressly consent to all these RULES and the TERMS.

 SUBMISSION OF AN APPLICATION IN THE ACTION FOR WOMEN’S HEALTH OPEN CALL CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE RULES.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO RECEIVE AN AWARD.

1. Eligibility and Proposal Scope

For the Open Call, an organization eligible to serve as the Applicant Organization, must have as its main purpose to improve women’s health (except in certain instances, where the Open Call will support a unit of the Applicant Organization, such as a fiscally sponsored project or a large program or center, focused on improving women’s health). The following types of organizations are eligible to submit Applications: 

  • An entity based in the United States and/or U.S. Territories that has received a tax determination letter from the Internal Revenue Service (“IRS”) that it is exempt from federal income tax as an organization described  under section 501(c)(3) of the Internal Revenue Code (“IRC”) and a publicly supported organization described under section 509(a)(1) or (2) of the IRC and which tax determination letter is in effect. 

  • A nonprofit organization for a fiscally sponsored project, provided that the nonprofit organization is an entity based in the United States and/or U.S. Territories and that it has received an IRS determination letter that is exempt from federal income tax as an organization described under section 501(c)(3) of the IRC and a publicly supported organization described under section 509(a)(1) or (2) of the IRC and which tax determination letter is in effect (or meets the equivalency standards noted below for entities organized under the laws of foreign jurisdiction); fiscal sponsor must exercise discretion and control over the grant funds. 

  • An entity based in the United States and/or U.S. Territories that has received a tax determination letter from the IRS that it is exempt from federal income tax as an organization described under section 501(c)(3) of the IRC and is also classified as a Type I or Type II supporting organization described under section 509(a)(3) of the IRC, and which tax determination letter is in effect.

  • A U.S. tribal government treated as a State pursuant to IRC Section 7871.

  • An entity organized under the laws of a foreign jurisdiction which has received a tax determination letter from the IRS or has been determined to be the equivalent of a section 501(c)(3) and 509(a)(1) or (2) entity by NGOsource for which an equivalency determination has not expired and would be in effect or could extend through the date of award payment. 

  • An entity that is recognized under the law of the applicable jurisdiction as a non-governmental organization, a higher education organization, a charitable organization, a not-for-profit organization, or similar-type entity that is not a for-profit organization or government agency (except for state universities or US tribal governments treated as a State pursuant to IRC Section 7871) and that is engaged in charitable activities within the meaning of section 501(c)(3) of the IRC.

  • Affiliates of national organizations as long as the affiliate is a separate 501(c)(3) and 509(a)(1) or (2) (or foreign equivalent) and has its own board of directors; legal liability rests with the local organization; affiliate’s tax-exempt status was not granted under a group exemption; affiliate makes decisions regarding overall mission, priorities, and strategies of organization and for day-to-day operations; and affiliate does not “fund” general activities of national organization.

The Applicant Organization is a single legal entity that has the legal responsibility, authority for and control of the use of any grant funds, is responsible for the reporting on any grant funds, and must be able to exercise in fact and law direction and supervision of the grant funds.

2. Ineligible persons or entities

The following are examples of parties that are not eligible to apply as the Applicant Organization on the Application:

  • A for-profit, LLC, or B-Corp organization.

  • Educational entities such as schools, with the exception of entities of higher education where the main purpose of either the entity or one of its departments, schools, or centers is improving women’s health. Other schools (e.g., religious, charter, private, or public primary or secondary schools, junior colleges, etc.) are not eligible to apply.

  • A 501(c)(4) or 527 organization.

  • An individual.

  • Religious institutions.

  • Government agencies (other than state universities and U.S. tribal governments treated as a State pursuant to IRC Section 7871), including national or local governments, inter-governmental bodies, and regional cooperation agencies (including UN agencies).

  • Private foundations.

  • Applicants working in or with governments of countries on the Office of Foreign Asset Control (OFAC)’s sanctions list (which currently include Myanmar, Iraq, Sudan, Venezuela, Yemen, Cuba, Iran, North Korea, Russia, Syria, Afghanistan, Balkans, Belarus, Central African Republic, DRC, Ethiopia, Hong Kong, Lebanon, Libya, Mali, Nicaragua, Somalia, and South Sudan) or persons included on OFAC’s SDN list.

  • Employees, Officers, or Board Members of the Open Call Sponsor, Lever for Change, Submittable (the Open Call platform), and any of their subsidiaries and affiliates, and immediate family members (spouse, parent, child, grandchild, sibling, and their respective spouses, regardless of where they live) or persons living in the same households of such employees, are not eligible to participate.

3. Type of Grant Support and Prohibited Use of Award Funds

Award funds will be flexible funding support. Certain grants will require that the respective award letter ensures that the funds are restricted to support the general expenses of a specified charitable project or program described in the application.

Prohibited uses of award funds include:

  • For the purpose of lobbying, to carry on propaganda or otherwise to attempt to influence legislation within the meaning of IRC Section 4911(d)(1) and related Treasury regulations).

  • To establish a scholarship program.

  • For the creation of an endowment.

  • For the creation of a venture capital fund, or pooled funds to invest in or distribute to for-profit organizations.

  • For capital campaigns.

  • To fund political organizations and political work (such as the work of 527s and certain types of work in which Section 501(c)(4) organizations may engage).

  • To undertake any activity for any purpose other than one specified in Section 170(c)(2)(B) of the IRC.

4. Multiple Applications from a Single Organization and Overlapping Boards

Departments, schools, and centers within or based in a college/university can register and submit separate Applications as long as the work described is different and separate. The department, school, or center must prove they will have full discretion of the funds and funds will be used for purposes of the department, school, and center only. Overlapping membership of boards and advisory boards among different Applicants is also permitted.

Fiscal sponsors may register and submit separate Applications for sponsored projects, as long as the work described is different and separate. If awarded, the award agreement will specify the funds will be used for the sponsored project only.

5. Guidance Related to Non-Charitable Activities

Grant funds must be used for charitable purposes and may not result in more than an incidental private benefit to shareholders or other people, organizations, or entities that is a necessary byproduct of the accomplishment of the charitable purpose.

6. Financial and Organizational Capacity

Applicants must be in good legal and financial standing and demonstrate their financial and organizational capacity to appropriately manage an Award.

7. Grant Agreement

Awards in this Open Call may be made in partnership with a donor advised fund (DAF). Accordingly, any grants involving a country with a Corruption Perceptions Index (CPI) score of 30 or below in either of the past two years will require heightened due diligence and may need to be made using expenditure responsibility procedures. The CPI scores are publicly available on transparency.org. The outcome of this due diligence may be a determination that the DAF is unable to make a grant to an organization located in, conducting activities within, or formed under the laws of the country in question. Organizations working in or with governments of countries currently on the Office of Foreign Asset Control (OFAC)’s sanctions list or persons included on OFAC’s SDN list are not eligible to apply (please see section 2, above).

Likewise, for grantmaking purposes (except in the case of certain state universities), equivalency determinations or expenditure responsibility will be required for entities that are recognized under the law of the applicable jurisdiction as a non-governmental organization, a higher education organization, a charitable organization, a not-for profit organization, or similar type entity that is not a for-profit organization or government agency and that is engaged in charitable activities within the meaning of section 501(c)(3) of the IRC. This process will be facilitated through the Action for Women’s Health process as necessary; grants to these organizations are contingent on the ability to obtain the requisite information.

The successful Awardees will be expected to enter into a grant agreement, containing key terms and conditions which are separate from these RULES and TERMS posted on this Website for this Open Call.  Any grant that may be considered pursuant to this process must satisfy legal criteria in the sole discretion of the Open Call Sponsor.

NOTE: The terms of the grant agreement with Awardees depend on the Applicant Organization receiving the funds, and the funder.

8. Reporting 

Awardees may be required by the terms of their grant agreement with the Open Call Sponsor to report on activities. Those reporting requirements may vary and will be determined by the Open Call Sponsor.

9. Other Rules

9.1 Your Application must be in English.

9.2 You must complete registration to participate in the Open Call. Individuals representing an Applicant Organization must be 18 years of age or older at the time of submission to participate.

9.3 Your Application should meet the application requirements stipulated. You are required to register in advance of any deadlines for the submission of the Application, and You must comply with all other deadlines posted on this Website and incorporate herein by reference. Your Application may not, in the sole and unfettered discretion of the Open Call Sponsor and/or Lever for Change, contain obscene, provocative, defamatory, or otherwise objectionable or inappropriate content. The Open Call Sponsor and/or Lever for Change reserve the right to cancel, modify or suspend the Open Call in whole or in part without liability to You. The Open Call Sponsor and/or Lever for Change also reserve the right to disqualify You from participating.

9.4  By participating in the Open Call, You represent, warrant, and agree that:

  • You are the sole author, creator, and owner of the Application;

  • the Application is not the subject of any actual, suspected, or threatened litigation or claim;

  •  the Application does not and will not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;

  • the Application does not and will not contain any harmful computer code (sometimes referred to as "malware," "viruses" or "worms");

  • the Application, and Your use of the Application, does not and will not violate any applicable laws or regulations, including, without limitation, applicable export control laws and regulations of the United States and other jurisdictions;

  • If the Application includes any third party works (such as third-party content or open source code), You must provide the Open Call Sponsor and Lever for Change with all appropriate licenses and releases for such third party works. In the event You cannot provide all such required licenses and releases, the Open Call Sponsor and/or Lever for Change reserve the right, in the Open Call Sponsor’s sole discretion, to disqualify the Application.

9.5 You may participate by registering, but You may not register more than one true and uniform identity; multiple registrations for a participant using multiple identities are not allowed. The Open Call Sponsor, Lever for Change, and/or Submittable reserve the right to disqualify any Application made by a participant violating this limitation, regardless of whether all of the respective parties had knowledge of such violation. Each registrant may submit at most one Application.

9.6 Upon submitting Your Application, the Application will be subjected to an Administrative Review, to ensure compliance with all of the requirements. Qualified Applications (those that have passed Administrative Review) will then be distributed to other registrants during a Participatory Review of those Applications. If Your Application qualifies for this Participatory Review, the Applicant Organization will be required to assess at least four (4) other Applications. If You do not complete those assessments, using the tools and process described on this Website, Your participation may be terminated. Based on normalized scores from each Participatory Review, a rank order of the Applications will be populated. The top-scoring Applications will advance to the next phase of review.

9.7 The top-scoring Applications as determined by the Participatory Review will advance to an Evaluation Panel review. The Evaluation Panel consists of experts who are identified on this Website. Each of the qualified Applications will be assessed by four (4) Evaluation Panel members, who will be assigned to score these Applications either randomly or after considering any potential conflicts of interest, using the scoring rubric that is described on this Website  and which is incorporated by reference herein. In cases where an Evaluation Panel Reviewer indicates any potential conflict of interest, the Application will be assigned to another Reviewer. Based on a set of Evaluation Panel review analysis a rank order of the Applications will be populated.

9.8 Once a rank order of Applications has been populated using the Scoring Process, the Open Call Sponsor will review and discuss the top Applicants and will determine any Awardees, using criteria that it will determine in its discretion and may incorporate considerations beyond the Evaluation Panel’s Review. The Open Call Sponsor plans to make gifts between $1 million USD and $5 million USD, totaling $250 million USD.  

If a top-ranked Applicant is unable to fully participate in the next phase of the Open Call, then the Applicant may forfeit its designation as an Awardee, and another top-ranked Applicant in the rank order of Entries may be named an Awardee in their place. Final recommendation of each Awardee rests with the Open Call Sponsor in its sole discretion.

9.9 By submitting Your Application, You agree to release, discharge and hold harmless the Open Call Sponsor, Lever for Change, Submittable, and their partners, affiliates, subsidiaries, advertising agencies, agents and their employees, contractors, officers, directors and representatives from any Loss arising out of Your participation in the Open Call and the acceptance and use, misuse, or possession of any Award(s). Neither the Open Call Sponsor, Lever for Change, nor Submittable assume responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Open Call applications or application forms; or alteration of Applications  or application forms. Neither the Open Call Sponsor, Lever for Change, nor Submittable are responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any application to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to competitors’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Open Call. 

9.10 THIS OPEN CALL IS VOID WHERE PROHIBITED. Applicants agree that this Open Call shall be subject to and governed by the laws of the United States of America and the forum of any dispute shall be in the courts of the United States of America.

9.11 The Open Call Sponsor and/or Lever for Change reserve the right in their sole discretion to disqualify any Applicant that: tampers with the application  process or the operation of the Open Call; acts in violation of the RULES or the TERMS;  acts in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Open Call, or to abuse, threaten, or harass any other person.

9.12 Applying as part of this Open Call does not constitute applying into any other Lever for Change Open Call, Submittable Open Call, or promotion that may be offered by the Open Call Sponsor and/or its affiliates.

9.13 The names of the Awardees will be posted on the Lever for Change website for such period of time as the Open Call Sponsor deems reasonable.

9.14 Notwithstanding anything herein to the contrary, nothing herein represents a commitment by the Open Call Sponsor to award any grant to any entity submitting an Application, participating in, responding to, or submitting subsequent information in response to this Open Call. The Open Call Sponsor and/or Lever for Change reserve the right to terminate, alter, or suspend this process and the Open Call at any time, including closing the Open Call without making any Awards or other grants.  The Open Call Sponsor and/or Lever for Change reserve the right to stop all activity for the Open Call and/or to make substantive changes to the Open Call including these RULES, which might preclude certain Users from participating further.  By submitting an Application or information pursuant to this Open Call, each Applicant shall be deemed to have acknowledged that the Open Call Sponsor shall have no obligation to make any grant and neither Lever for Change nor the Open Call Sponsor shall have liability to any Applicant or other person or entity should the determination be made not to proceed with this process or not to make any grants. It is further understood that any grant that may be considered pursuant to this process must satisfy the Open Call Sponsor’s legal criteria in the sole discretion of the Open Call Sponsor.

10. Intellectual Property

Each Application should reflect the anticipated ownership, use, and licensing of any intellectual property. You represent and warrant that the Application is an original work created solely by the Applicant, that the Applicant owns all intellectual property in and to the Application, and that no other party has any right, title, claim or interest in the Application, except as expressly identified by You to us in writing in Your Application. Intellectual property rights mean copyrights, topography rights, software rights, database rights, design rights, patents, utility models, trademarks, service marks, domain names and trade secrets.  The Applicant retains all right, title and interest in any inventions, software or work of authorship it invents or creates.  The ownership and use of intellectual property in the Application remains with the Applicant. The Applicant hereby grants a perpetual, transferrable, irrevocable, worldwide, royalty-free, and non-exclusive license to the Open Call Sponsor and Lever for Change, to use, reproduce, adapt, modify, edit, alter, digitize, publish, distribute, publicly perform, broadcast, exhibit, publicly display, exploit and create a derivative work from and the contents of the Application and the Application-related content for the purposes of the Open Call and the Open Call Sponsor’s and Lever for Change’s other charitable purposes, described herein. Should an Applicant’s project be funded, the Open Call Sponsor and or Lever for Change reserve the right to post for viewing by the general public the information about the grant, including the size of the grant award. Applications will not be returned to Applicants. Each Applicant should retain a copy of its Application.

Where a license in perpetuity is not permitted by law or is unenforceable in Your jurisdiction, You grant the license(s) described above for the maximum duration permitted by law. In jurisdictions where a royalty (payment) must be agreed in respect of the license(s) described above, You agree that the royalty shall be zero (or the minimum amount permitted by applicable law). You agree and acknowledge that the opportunity to participate in the Open Call under these Rules and the payment of any sum(s)  to You should you be awarded a Grant fully satisfies any obligation on Lever for Change and/or the Open Call Sponsor to provide equitable and adequate remuneration for the rights granted hereunder.

To the extent permitted by law, You irrevocably agree that Lever for Change, the Open Call Sponsor and their respective licensees shall be entitled to use Your name, likeness and biographical information for all advertising, marketing, publicity and public relations purposes in connection with the Open Call and other projects and activities  without additional remuneration. The Applicant hereby waives any right to any form of compensation and all legal claims, including for libel, slander, invasion of privacy, and copyright infringement, related to the Application’s content and its use.

11. Data Protection

Applicant confidential information, which may include personal data about individuals affiliated with the Applicant, will be collected, used, transferred, and disclosed by Open Call Sponsor, Lever for Change and the website hosting this challenge, in this Open Call. Applicants may request to review, rectify, or delete any personal data held by Lever for Change, the Open Call Sponsor or the website host, by emailing actionforwomenshealth@submittable.com during the course of the Open Call or, if after the Open Call, at the email addresses referenced in the privacy policies. Lever for Change's Privacy Policy can be reviewed here. Open Call Sponsor’s Privacy Notice can be reviewed here. The privacy policy of the website host, Submittable Holdings, Inc., can be reviewed here.

Contact Information You may contact us with any questions or comments about these RULES by emailing actionforwomenshealth@submittable.com.

12. Donor Advised Fund

Notwithstanding anything herein to the contrary, the Open Call Sponsor may serve as a Donor Advisor for a Donor Advised Fund (“DAF”) that may provide funding to support the Open Call. The sponsoring organization of the DAF (“DAF Sponsor”) will have ultimate control and discretion with respect to its grant funds and will make an independent decision regarding whether to approve any recommendations made by the Open Call Sponsor to support the Open Call. Where the DAF Sponsor approves grant recommendations to support this Open Call, these rules will be read broadly such that the rights granted to the Open Call Sponsor, including the rights to receive information and review the Application, will extend to the DAF Sponsor and any obligations of the Open Call Sponsor may be fulfilled by the DAF Sponsor, at the Open Call Sponsor’s discretion.

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