By clicking “Agree” below, you (the “Contestant”) hereby agree to the following terms and conditions of the Life Between the Umbrellas Contest (the “Contest”):
The City of Vancouver (the “City”) and the Vancouver Public Space Network (the “VPSN”) are not obliged to accept any submissions and it may reject all submissions. By submitting an idea or concept for a design feature or seasonal structure or idea or concept for an activation or celebration, as the case may be (the “Submission”), the Contestant will be deemed to: (1) agree with the City and the VPSN that the City and the VPSN will not be responsible for any costs, losses, damages or liabilities incurred by him or her as a result of or arising out of this Contest; and (2) consent to the display of the Submission at public exhibitions related to the Contest.
Employees of the City and their immediate family members and directors and projects leads of the VPSN are not eligible to submit a Submission for the Contest.
The Contestant is at least 19 years of age OR the Contestant’s parent or guardian has consented to the Contestant’s participation in the Contest and the Contestant’s parent or guardian is the person agreeing to these terms and conditions by clicking “Agree” below.
The Contestant represents and warrants that:
(a) the Submission is and will be a unique and original idea or concept derived solely from the Contestant and does not and will not in any way infringe upon any copyright or other intellectual property rights in any other work;
(b) the Contestant has not heretofore sold, assigned, transferred or licensed any rights in the Submission, and all such rights are entirely free and clear of any liens or other encumbrances; and
(c) the Contestant will do nothing to sell, assign, transfer or license in whole or in part or in any way encumber its interests at any time existing in the Submission.
The Contestant hereby releases and forever discharges the: (i) City and its elected officials, officers, employees, agents and authorized representatives: (ii) VPSN and its directors, officers, employees, agents and authorized representatives; and (iii) Contest evaluators (collectively, the “Releasees”) from any and all complaints, demands, claims, actions, lawsuits, judgments and orders of any kind for and in respect of any and all losses, injuries, damages and expenses of any kind to which the Contestant may become entitled or which the Contestant may suffer, incur or experience in connection with the Contest or the use of its Submission by the Releasees.
The Contestant shall defend, indemnify and hold the Releasees harmless from and against any and all damage, liability, cost and expense incurred by any of the Releasees in connection with any claim by a third party that the Submission infringed, misappropriated or misused its copyright, patent, trade-mark, trade secret, or confidential or proprietary information.
The City and the VPSN will retain complete control over the Contest process at all times. The City and the VPSN are not legally obligated to review, consider or evaluate Submissions. The City and the VPSN may continue, interrupt, cease or modify its review, evaluation and negotiation process in respect of any or all Submissions at any time without further explanation or notification to any Contestant.
In respect of the “Intervention” and “Celebration” streams of the Contest, the City is interested in selecting a Contestant to enter into negotiations that will conclude in the execution of a contract (an “Agreement”) between the Contestant and the City to implement the proposed design feature or seasonal structure or idea for activation or celebration, as the case may be, set out in the Submission. However, the City may: (i) decline to select any Contestant; (ii) decline to enter into any Agreement; (iii) select multiple Contestants for negotiation; or (iv) enter into one or more Agreements respecting the subject matter of the Contest with one or more Contestants at any time. Notwithstanding the foregoing, no part of this Contest consists of an offer by the City to enter into any contractual relationship.
The Contestant hereby grants to the City and the VPSN an unrestricted, unconditional, perpetual, royalty-free license to use, copy, display, amend, reproduce and modify the Submission for use in all media in connection with the administration and promotion of the Contest.
The Contestant acknowledges and agrees that the City and the VPSN may make changes or alterations to, repair, refurbish or destroy the Submission and the Contestant waives all moral rights in relation thereto.
The City and the VPSN are not obliged to implement or realize or construct the Submission in any manner whatsoever.
Any reproductions, displays and exhibitions of the Submission by the City and the VPSN following selection of a Contest winner will contain a credit to the Contestant.
The Contestant agrees that other than an honorarium for winners and runners-up selected by the evaluation jury and by popular vote (as further described in the Contest description), they will not be entitled to any compensation or benefits of any kind in connection with the Submission or otherwise in connection with this Contest.
The Contestant hereby consents to the collection of personal information, consisting of the Contestant’s name and contact information, by the City and the VPSN for the sole purpose of the City and the VPSN contacting Contest finalists and winners and providing credit to the Contestant as described in these Terms and Conditions.
The City and the VPSN reserves the right, in its sole discretion, to terminate the Contest without any liability, in whole or in part, and/or modify, amend or suspend the Contest, and/or these Terms and Conditions in any way, at any time, for any reason without prior notice.
