Current through Register Vol. XLI, No. 38, September 20, 2024
Section 144-1-3 - Applications3.1. An applicant shall apply for tourism promotion funds on forms supplied by the Commission or on exact computer duplicates.3.2. The applicant shall include a complete advertising or marketing plan, in sufficient detail to permit evaluation against the required criteria. The application shall include a complete media plan with advertising costs as well as a complete description of the project. The information shall be broken out by individual publications with ad size, specific broadcast stations, specific internet media providers, billboard locations, printing costs, production expenses, web site development, design, and upgrades as established in 6.7. of these rules and any other applicable charges. The application shall also include description as to how the partner(s) benefit from participation in the advertising plan and how said partner(s) complement the central advertising message directing tourists to a destination. The applicant must sign the application.3.3. The Commission may request such additional information as it determines necessary to evaluate any application, including, but not limited to, financial and budgetary information related to the application or to the applicant or to any partners to the application.3.4. Failure to provide the required application information, or failure to provide such additional information as the Commission reasonably requests by a specific date, in order to evaluate any application, may at the Commission's option, disqualify the entire application.3.5. The Commission reserves the right to reject any application on the basis of the amount of funding sought; to request that the applicant revise an application to a lower or higher level of funding; or to award more or less than the full amount requested in the application. In addition, if more than eighty-five percent of an applicant's funding is provided by a single partner, the application must be approved by a two-thirds majority of the Commission. The Commission also reserves the right to require brand identification on any advertising approved as part of the application and/or require that the applicant display appropriately the Division of Tourism's phone number and/or web address.3.6. No application shall be considered by the Commission unless the total project cost is at least $20,000.00 and the applicant's and partners' combined share of the project cost is at least $10,000.00 as established in 7.1 of this rule, unless the application is filed under the small grants program established in §7.2 of this rule or under the fairs and festivals grants program established in §7.3 of this rule.3.7. Projects that encompass an area in West Virginia and a contiguous area in another state may be considered by the Commission. The applicant must be a tourism destination in West Virginia, the total project cost must be at least $20,000.00 and the applicant's and West Virginia partner's combined share of the project cost must be at least $10,000 as established in 7.1 of this rule, unless the application is filed under the small grants program established in §7.2 of this rule or under the fairs and festivals grants program established in §7.3 of this rule, and the Commission may only match that portion of the project costs directly contributed by the West Virginia applicant and West Virginia partner(s), and only those costs that promote visitation to West Virginia. If a national company develops a campaign to promote West Virginia tourism, only the portion of the ads directly related to West Virginia tourism may be reimbursed from an approved grant.3.8. The applicant and all partners shall disclose in the application the following. Failure to disclose this information shall result in the cancellation of any grant to the applicant organization previously approved by the Commission and the disqualification of the applicant and partner organizations and their representatives from future grant awards: 3.8.1. Any financial benefit that will be received, if the application is approved, by any entity in which the applicant or partner organizations, its representatives or its employees have an ownership interest;3.8.2. Any other employees or representatives of the applicant or partner organizations with a vested interest that is not otherwise described as part of the project;3.8.3. If the applicant and all of the partners are presently in compliance with all state, federal and local laws, including but not limited to, Hotel/Motel tax and payments to Workers' Compensation and Unemployment Compensation;3.8.4. If the applicant or any partner is presently involved in a bankruptcy proceeding, and who within their respective organizations may be contacted for details of the bankruptcy proceeding. Involvement in bankruptcy proceedings is not automatic disqualification from the grants program, but the Commission reserves the right to request additional information regarding any bankruptcy proceedings to insure the state's money is being granted appropriately. 3.9. Activities that are a part of the grant project may not precede the grant's approval date by the Commission. The period of service for all submitted invoices shall fall within the grant period as approved by the Commission.3.10. The Commission/Division reserves the right to determine the acceptability and value of all written, graphic and visual material as to its content and appropriateness for the general public and for the state's effort to promote tourism.3.11. The Commission reserves the right to determine the acceptability of advertising to insure that it does not portray the State of West Virginia or foreseeably lead to the portrayal of the State of West Virginia in a derogatory or negative manner.