Competition Conditions and Terms
The following Competition Conditions and Terms will govern the Competition:
The Competition is open to any individual, group of individuals, or legal entity worldwide.
Members of the panel; employees of members of the panel; Sponsors; employees of Sponsors; Knoll; employees of Knoll; and immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three months out of the year) of the foregoing are not eligible to participate in the Competition.
Notwithstanding the foregoing, employees of the Department of City Planning who have not worked or will not work on any aspect of organizing and administering the Competition and their immediate family and household members are eligible to participate in the Competition.
City employees who participate in the Competition agree and understand that, in connection with their participation, they may not: identify themselves in any way as a City employee or otherwise use their position or title to their advantage; use City resources, including City time; partner with any superior or subordinate employees at their agencies; or use for private advantage or disclose any confidential information obtained as a result of their City employment.If there are questions about whether an individual, group of individuals, or legal entity is eligible to participate in the Competition, please contact the Competition administration by emailing email@example.com.
Eligible individuals, groups of individuals, and legal entities who are submitting logos in response to this request for Submissions (the “Participant” or “Participants”) must submit their Submissions (the “Submission” or “Submissions”) no later than Friday, March 15, 2019, 11:59 p.m. EST through the Competition Website, https://www.popslogo.nyc. There is no fee to participate in the Competition. No Participant may participate in more than one Submission.
Submissions are composed of the materials listed in the “Submission Requirements” section and must be submitted using the Participant Submission Form provided on the Competition Website.If a Participant is unable to submit online, please contact the Competition administration by emailing firstname.lastname@example.org.
Logos must satisfy the following criteria:
The logo must create a recognizable identity for the city’s variety of privately owned public spaces and communicate to all that these spaces are open to the public for public use.
The logo may include images, text, or a combination of both, but all components of the logo must fit within a square shape at two different sizes: 12 inches by 12 inches (30.48 centimeters by 30.48 centimeters) and 6 inches by 6 inches (15.24 centimeters by 15.24 centimeters).
The logo must be visible and legible from a minimum distance of 20 feet (approximately 6 meters) at a 180-degree radius.
The logo must work successfully in black and highly contrast with all signage materials, including but not limited to metal, stone, and glass, upon which it may be placed.
The logo must be inscribable or attachable to all signage materials, including but not limited to metal, stone, and glass.
It may be helpful for Participants to familiarize themselves with the current standards for POPS signage for public plazas specified in Section 37-751 of the New York City Zoning Resolution, available online at https://www1.nyc.gov/assets/planning/download/pdf/zoning/zoning-text/art03c07.pdf and excerpted in the Competition Brief and on the Competition Website.
Participants must submit the following materials using the Participant Submission Form provided on the Competition Website:
1) A Logo Narrative that includes the following: a title for the logo (maximum 10 words); a statement about the logo (maximum 150 words); and a description about how the logo will be functionally inscribed or attached on all possible signage materials (maximum 150 words)
2) A Logo Graphics Package that includes the following files with a resolution of at least 300 pixels per inch:
The logo, scaled at a dimension of 12 inches by 12 inches (30.48 centimeters by 30.48 centimeters), in PDF and JPG/JPEG formats
The logo, scaled at a dimension of 6 inches by 6 inches (15.24 centimeters by 15.24 centimeters), in PDF and JPG/JPEG formats
Please also upload this file for the Logo Preview requested on the Participant Submission Form provided on the Competition Website.
The logo, inserted in the POPS Signage Template scaled at a dimension of 11 inches by 17 inches, in PDF format, provided on the Competition Website
The logo must be submitted in black. The logo may also be submitted in additional colors if the Participant chooses to do so.
3) A Biography of the individual, group of individuals, or legal entity entering the Competition (maximum 100 words)
Failure to submit all of the required materials through the Participant Submission Form provided on the Competition Website or to follow instructions for submission may result in disqualification.
Selection Process and Department of City Planning Director's Choice
Summary: The process for selecting up to three Awardees of the Competition combines the selections of a seven-member panel with the selections of a public vote that is weighted as if rendered by an additional eighth panel member. The Director may select one of the Awardees’ logos to become the official New York City POPS logo.
Anonymity: In order to ensure that the selections of the panel, public vote, and choice of the official New York City POPS logo are based solely on the Submission and not on the identity of the Participant, the identities of all Participants will remain anonymous to members of the panel and their employees, the Sponsors and their employees, the Competition Advisor and Advisory Committee, Knoll and its employees, and members of the public until Awardees are publicly announced, except that certain designated employees or representatives of the Sponsors will be responsible for processing submitted materials and providing them in an anonymized format and without the Biography to the panel, the Competition Advisor and Advisory Committee, and the public.
Material submitted by Participants other than the Biography may not include any text or graphic information that would allow for identification of the Participant. Participants and anyone acting on their behalf may not communicate with members of the panel and their employees, the Sponsors and their employees, the Competition Advisor and Advisory Committee, Knoll and its employees, and members of the public about their Submissions or any subject related to the Competition, except that Participants and anyone acting on their behalf may ask anonymized questions through the Competition Website that may be answered by the Competition Advisory Committee. Participants may not publicize their logos prior to the Competition’s announcement of Awardees and the Department of City Planning’s announcement of the Director’s choice from among the Awardees’ Submissions of an official New York City POPS logo. Failure of a Participant to follow these requirements may result in disqualification.
Public Vote: Members of the public will be able to view all logos and logo narratives online beginning Wednesday, March 20, 2019, 12:00 p.m. EST, and at a public exhibition in March 2019 (specific date, time, and place to be announced on the Competition Website). Members of the public may vote only once for only one logo through a form, provided on the Competition Website, between Wednesday, March 20, 2019, 12:00 p.m. EST and Tuesday, April 2, 2019, 12:00 p.m. EST. The three logos that receive the most votes from members of the public will be incorporated into the panel selection process as if the three were the selections of an additional eighth panel member.
Panel Selection: The seven-person panel will review all logos and logo narratives and, in combination with the public vote that counts as if it were the selections of an additional eighth panel member will select a maximum of three Awardees.
Department of City Planning Director’s Choice of Official New York City POPS Logo: The Director may choose one of the Awardees’ logos to become the official New York City POPS logo. The Department of City Planning, with the agreement and cooperation of the Awardee whose logo has been chosen by the Department to be the official New York City POPS logo may make minor alterations to the logo. If the Director decides not to choose one of the Awardees’ logos, the Director may not choose another logo submitted for the Competition.
A payment of $2,000 will be provided to each Awardee. The Awardee that created the logo chosen as the official New York City POPS logo will receive an additional $2,000 payment.
Notwithstanding the above, if a Participant who is a City employee eligible to participate in the Competition is selected as an Awardee or chosen as the creator of the official New York City POPS logo, then that Participant may not receive any payment unless the Participant obtains a waiver from the New York City Conflicts of Interest Board. Participants who are DCP employees, their immediate family, or their household members may not receive any payments under any circumstances. Awardees of the Competition are responsible for all taxes associated with payments.
Ownership of Logos
The logo chosen to become the official New York City POPS logo will become the property of the City of New York. The Participant who has submitted that logo (or the Participant’s parent(s)/legal guardian(s) on behalf of Participant, as applicable) will transfer all rights in and to the logo and all rights to license its use, modification, and use in secondary works for all purposes, including advertisements or program publicity, to the City of New York.
The Department of City Planning will procure the chosen logo pursuant to New York City Procurement Policy Board Rules Section 3-08. The Awardee who created the logo chosen to be the official New York City POPS logo will be considered a vendor for the purposes of the procurement and agrees and understands that she, he, or it will have to register as a vendor with the City of New York. Other Awardees whose logos were not chosen by the Director agree and understand that they may also be required to register as a vendor. Failure to register with the City of New York as a vendor, if required, will mean that the Department will not use the chosen logo and that the non-registering Awardees will not receive payments.
The Awardees whose logos were not chosen to become the official New York City POPS logo will retain ownership but will grant a limited display license to the City for the purpose of displaying the Awardee Submissions on publicity materials and in furtherance of the selection process.
Ownership of all other logos not chosen to become the official New York City POPS logo will be retained by the Participants.
Use of Submissions During and After the Competition
All Participants agree that any and all materials submitted as part of their Submissions may be used by the Sponsors as part of promoting and documenting the Competition during and after the Competition in any media worldwide without payment or consideration. Use of the logo chosen as the official New York City POPS logo on POPS signage, in the City’s Zoning Resolution, or in other POPS-related materials published by the Sponsors may, but need not, carry a line crediting the Participant.
Questions about the Competition
Questions about the Competition should be emailed to email@example.com. Questions and answers of general applicability may be posted on the Competition Website. Other questions may be answered privately.
Basic Agreement: Submission of a Submission in this Competition constitutes Participant’s full and unconditional agreement to abide by all Competition Conditions and Terms set forth in the Competition Brief and on the Competition Website. Failure to follow the Competition Conditions and Terms may result in disqualification
Verification Process: The logo chosen as the official New York City POPS logo will be subject to verification by the Department of City Planning with regard to, among other things, clearance of the design or aspect thereof against the infringement of any copyright, trademark, or other ownership right of said design held by any other party. Decisions on verification by the Department of City Planning are final and binding.
Ownership Assignment: The Participant who created the logo chosen as the official New York City POPS logo will be required to sign and return (except where prohibited) to the Department, within 10 days of the date notice is sent, an “Ownership Assignment and Release of Liability Form,” to be provided by the Department of City Planning, in order to receive payment from the Department. If such Participant cannot be contacted or fails to sign and return the “Ownership Assignment and Release of Liability Form” within the required time period, or if the payment or payment notification is returned as undeliverable, the Participant will forfeit the payment and the opportunity for the Participant’s logo to become the official New York City POPS logo.
Applicable Laws: The Competition is subject to all applicable United States federal, state and local laws and regulations. The Competition shall be governed by and construed in accordance with the laws of the State of New York, and the venue for all controversies shall be located exclusively in the City and State of New York.
Nature of Submissions: Submissions will be deemed submitted at the time received and as confirmed on the Participant Submission Form at the Competition Website after clicking “Submit.” Once a Submission is submitted, a Participant may not ask to make any changes to the Submission. The inclusion of any false, deceptive, and/or obscene images or words in the logo will render the Submission ineligible. All Submissions that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy the Competition Conditions and Terms may be disqualified.
Participant Representations: By participating in the Competition, Participant represents and warrants that the Submission:
1) is Participant’s own original work;
2) does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, or other rights of any person or entity
3) does not feature the likeness of a private individual without that individual’s explicit written permission for its use;
4) does not contain material or images that are obscene, inappropriate for a general audience that may include minors, or defamatory;
5) does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses, or other potentially harmful programs or other material or information;
6) does not trigger any reporting or royalty obligation to any third party; and
7) does not and will not violate any applicable law, statute, ordinance, rule, or regulation worldwide.
Participant further represents and warrants that the rights that Participant is granting by participating in the Competition do not conflict in any way with any other agreement to which Participant is a party, or with any commitments, restrictions, or obligations that Participant is under to any other person or entity.
A Participant’s Submission constitutes each Participant’s permission to print and/or post in all media and formats any of the information contained in the Participant’s submitted materials.
If the submission process available at the Competition Website is not capable of operating as planned for any technical or other reason, the Sponsors will not be liable for any resulting damages. The Sponsors will not be responsible for failures in the receipt of any Submission, whether due to human error or internet or network traffic congestion or for any injury or damage to any computer related to the participation or downloading of any materials in connection with this Competition, and are not responsible for the security of any computer through which submission of a Submission is attempted or completed, including any infections by computer virus, bugs, tampering, unauthorized intervention, fraud, or technical failures of any kind, or any other causes. The Sponsors reserve the right, at their sole discretion, to disqualify any Submission from any Participant or his/her parent or legal guardian who tampers directly or indirectly with the Competition process. The Sponsors assume no responsibility for any error, deletion, defect, or delay in operation or transmission, communication failure, theft, destruction or unauthorized access to, or alteration of, the Submissions that is beyond the reasonable control of the Sponsors and which may corrupt or affect the fairness, integrity, security, or administration of the Competition. If there is any dispute as to the identity of a Participant, the decision of Sponsors may disqualify the Submission unless the dispute is resolved by the purported Participant to the satisfaction of the Sponsors.
Reservation of Rights: The Sponsors reserve the right to modify or terminate this Competition at any time without notice. The Sponsors are not liable for any damage, loss, inconvenience, or injury suffered by anyone due to any such modification or termination. The Sponsors are not liable for any damage, loss, inconvenience, or injury suffered by anyone due to any errors or negligence or other action that may arise out of, or in connection with, the Competition.
Participant Agreement and Release: By participating in the Competition, each Participant agrees to (1) comply with and be bound by the Competition Conditions and Terms and the decisions of the Sponsors which are binding and final in all matters relating to this Competition; (2) release and hold harmless the Sponsors and their agents from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Participant's Submission; and (c) indemnify, defend, and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to a Participant’s participation in the Competition. To the extent considered necessary by the Sponsors, any payments due to a Participant hereunder may be withheld until all claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by any of the Sponsors. This clause shall survive expiration or termination of the arrangements hereunder.
The Sponsors are not responsible for (1) any incorrect or inaccurate information, whether caused by Participants, printing errors, or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or other aspects of the Competition; (4) any unauthorized use of a Submission by any third party; (5) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Participant's participation in the Competition or receipt or use or misuse of any payment. If for any reason a Participant's Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, a Participant's sole remedy is another Submission in the Competition.
Disputes: Participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Competition, or any payments received, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims, and causes of action arising out of or connected with this Competition, or any payments received, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys' fees; and (4) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply.
All issues and questions concerning the construction, validity, interpretation, and enforceability of the Competition Conditions and Terms, or the rights and obligations of Participants and Sponsors in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
All Participants must agree to the "Consent, Waiver of Liability, Indemnity and Release Form” provided within the Participant Submission Form at the Competition Website as a condition for participating in the Competition. The Participant who created the logo chosen as the official New York City POPS logo will be additionally required to sign an “Ownership Assignment and Release of Liability Form” provided by the Department of City Planning.
Changes to the Competition Conditions and Terms
Changes to the Competition Conditions and Terms will be sent by email to all Participants who have subscribed to receive such information and will also be posted on the Competition Website.
Failure to Follow Competition Conditions and Terms
Failure to follow any of the Competition Conditions and Terms may result in disqualification.