OFFICIAL RULES

CONTEST ENTRY DATES: Entries must be made on or before February 2, 2018 at 5 p.m. as specified in the Project Timeline (“Contest Entry Period”) and must meet the entry requirements specified under the heading “Submission Requirements.”

SPONSOR: Fisher Brothers Management Company (“Sponsor”).

WHO MAY ENTER: This Contest is only open to U.S. legal residents 18 years of age or older, with valid U.S. mail and email addresses. Entrants to the Contest (“Entrants”) are subject to all notices posted online at www.FBDesignCom.com. Entrants may need to provide proof of residency and age upon request. Employees, family members of employees and affiliates of Sponsor are not eligible to enter.

CONTEST OBJECTIVE: The objective of the Contest is outlined above.

CONTEST ENTRY: To enter, follow the directions as outlined above. Each Entrant’s submission must meet the entry requirements specified under the heading Submission Requirements.

All entries must be received during the Contest Entry Period.

Any entry must be the original work of the Entrant submitting it, may not have been previously published, produced or presented for a similar purpose, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must not violate any law. By submitting its entry, Entrant represents that her/his/its submission is her/his/its original work that has not been copied from others and does not violate the rights of any person or entity.

Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion.

The odds of winning depend upon number of entries received.

JUDGING:  All entries will be judged based on a jury’s determination, which will be final and binding as to the Grand Prize (described below) winner of the Contest. The Second Place Prize (described below) will be awarded by popular vote, to be determined at a later date. Additional official rules for popular voting will be posted online at www.FBDesignCom.com. The winner of the Grand Prize and of the Second Place Prize are both referred to in these official rules as a “Winner.” Judges who are affiliated with an Entrant will recuse themselves from evaluating the affiliate’s submission.

WINNER NOTIFICATION: The Winner will be determined after the end of the Contest Entry Period and will be notified by email. The Winner will be required to provide mailing address that may be used to fulfill the prize and will be required to provide a form W-9 or its equivalent to receive the prize. At the discretion of the Sponsor, if it is determined that the Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then the Winner may be disqualified and at Sponsor’s sole discretion.

PRIZES: A Grand Prize of Twenty-Five Thousand U.S. Dollars (U.S. $25,000.00), will be awarded by a jury and a Second Place prize of Five Thousand U.S. Dollars (U.S. $5,000.00), which will be awarded by a popular vote pursuant to rules to be established

GENERAL CONDITIONS: Winning constitutes irrevocable permission (except where prohibited by law) to use the Winner’s name, image, hometown, likeness, prize won, and photograph (all at Sponsor’s discretion) for advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without compensation, notification or permission. Sponsor and its affiliates and their respective officers, directors, agents, representatives, and employees (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries. Released Parties are also not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any entry to be received by Sponsor on account of delivery issues, technical problems, traffic, congestion on the internet or the website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications that may limit an Entrant’s ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions that may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prize or in any Contest-related materials or matters.

ASSIGNMENT OF RIGHTS: Entrant hereby acknowledges that her/his/its entry and all other materials of every kind whatsoever created by each Entrant relating to the Contest (collectively, the “Work”) become the property of Sponsor and shall not be returned. Although the copyright, if any, in the Work shall remain the property of the Entrant, in exchange for the possibility of winning this Contest, Entrants each hereby grant to Sponsor an irrevocable, perpetual, royalty-free, transferable license of limited right, title and interest in and to her/his/its submitted Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including, without limitation, all copyrights and all renewals and extensions), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised without compensation or attribution, (1) to use, reproduce, print, publish, transmit, communicate to the public, distribute, produce, perform, adapt, enhance, or display the entry (or a produced or constructed version thereof) and Entrant’s name, likeness and hometown for editorial, advertising, commercial, and publicity purposes, in any and all media now in existence or hereinafter created, throughout the world; (2) to do (or omit to do) any acts in respect of the entry that may otherwise constitute an infringement of Entrant’s moral rights; (3) to edit, adapt, and modify the entry; and (4) to cause the entry to be produced, directly or as modified, and/or installed. Except to the extent prohibited by law, Sponsor excludes from these official rules all conditions, warranties, and terms implied by statute, general law, or custom. Each Entrant releases and discharges the Released Parties, the jury, any party associated with the development or administration of the Contest, and their respective employees, agents, or representatives, and any of their respective parents, subsidiaries, or affiliates from any and all liability in connection with the Contest, including, without limitation, legal claims, costs, losses or damages, demand, or actions of any kind.

By submitting an entry, Entrant acknowledges and agrees that Sponsor may obtain many entries to this Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted to this Contest and/or other contests staged and/or sponsored by Sponsor, and waives any and all claims Entrant may have had, may have, and/or may have in the future, that any composition, design, video digital production and/or other works accepted, reviewed and/or used by Sponsor (or its respective designees) may be similar to her/his/its entry. Entrant acknowledges and agrees that Sponsor does not have now, nor shall any Released Party have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright (or other intellectual property right) in and to Entrant’s entry.

MISCELLANEOUS CONDITIONS:  Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person or entity it believes has intentionally violated these Official Rules or any updated rules. The Contest is subject to all federal, state and local laws and regulations. It is void where prohibited by law.

ARBITRATION & CHOICE OF LAW:  Except where prohibited by law, as a condition of participating in this Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, without regard to applicable choice of law rules.

WINNERS LIST:  Winner(s) will be announced the week of March 12, 2018 (subject to change).

SPONSOR: Fisher Brothers Management Company.

DISCLAIMER
This is a privately-funded competition using the Park Avenue medians as a theoretical canvas to reinvent the Park Avenue commercial district of 46th Street to 57th Street. There is no guarantee projects will be implemented.