REIMAGINING O’KEEFE LANE DESIGN COMPETITION CONTEST RULES
Ryerson University (the “Contest Sponsor”) is launching the ‘Reimagining O’Keefe Lane Design Competition’ (the “Contest”) to provide Ryerson University students and the youth community residing at Covenant House Toronto with the opportunity to propose a design for O’Keefe Lane that is a complete urban space that is safe to walk through, pleasant to linger in and beautiful to look at, while retaining its practical service role in the neighbourhood. Further details and background information are available on the competition website at : http://www.ryerson.ca/arts/about-arts/okeefe-lane-revitalization/index.html.
Potential Contest Entrants are advised that that the winning group will be required to transfer to Ryerson, the intellectual property rights in the design submitted for the Contest.
1. CONTEST ENTRY PERIOD The entry period for the Contest begins on December 1, 2015 at 10:00 a.m. and ends on January 20, 2016 at 11:59 pm Eastern Standard Time (the “Contest Entry Period”). To be eligible, the registration portion of Contest Entry (as defined herein) must be submitted during the Contest Entry Period.
2. ELIGIBILITY The Contest is open to any individual or any group of two (2) or more individuals that meets the following criteria (hereinafter referred to as “Entrant Group”):
at least one member (or the individual group member) is registered as a current undergraduate or graduate student at Ryerson University during the Contest Entry Period;
is each a legal resident of Canada (except Quebec);
is each of the age of majority in the province or territory of residence; and
has a unique, innovative design to reimagine O’Keefe Lane that meets the Design Conditions.
Entrant Groups are encouraged to form interdisciplinary and cross institutional teams (i.e. Ryerson and Covenant House). A group is not eligible to enter the Contest or be selected as a Winner (as defined herein) if any member of the group is:
a non-student employee, officer, director, governor, representative or agent of either Ryerson University, Covenant House Toronto or the Downtown Yonge Business Improvement Area (the “Contest Parties”); or
a member of the immediate family (parent, child, sibling, or spouse) or household (whether related or not), of any of the above individuals set out in the paragraph immediately above.
A) A proposed design for O’Keefe Lane that meets the Design Conditions (defined below), including two (2) landscape 24” x 36” digital boards, including: graphic representation of the space in use, all necessary orthographic drawings to scale, fully explaining the design of the project, and any details or connection drawing with are unique to the project (the “Design”);
E) address the special and design-related project principals and actions that emerged from the Visioning Workshop (available at Appendix 2 of the Design Brief Document available on the Contest Website);
F) propose no alterations to the buildings adjacent to O’Keefe Lane;
G) maintain vehicular accessibility along the entire six (6) metre width of the public right of way and to a height of 4.5 metres above the pavement;
H) maintain universal accessibility along the entire length of O’Keefe Lane; and
I) provide details that can suggest constructability and can further be used as a foundation for working drawings.
Submissions that fail to include the information set out in Section 3(a), (b), (c) or fail to comply with the Design Conditions may be disqualified in the sole discretion of the Contest Sponsor.
4. CONTEST ENTRY CONDITIONS
There is a limit of one (1) Contest Entry and Design per Entrant Group. If it is discovered that any group attempted to obtain more than one (1) Contest Entry; and/or use multiple names, identities or any other means to enter or otherwise participant in the Contest, then (in the sole and absolute discretion of the Contest Sponsor) the group may be disqualified from the Contest. To be eligible, the Contest Entry (including the proposed Design) must not violate the rights of any third party (for example, it must not defame, infringe or violate publicity or privacy rights or any person, living or deceased, or otherwise infringe upon any person’s, entity’s, or organization’s personal or property rights, including but not limited to, intellectual property rights). All Contest Entries (except the Design associated with any Short-listed Entrants which may be publically posted) are confidential and will be used by the Contest Sponsor (and any other company or individual engaged in the provision of goods or services related to this Contest) for the sole purpose of administering and judging the Contest. Subject to the foregoing sentence, Contest Entries become the property of the Contest Sponsor and will not be returned.
By entering the Contest, the Entrant Group agrees as follows:
The Entrant Group will comply with these Contest Rules and with the decisions of the Contest Sponsor, which decisions are irrevocable and are legally binding in all matters related to the Contest;
the Contest Entry (including the Design) is original work and does not violate the rights of any third party (for example, it does not defame, infringe or violate publicity or privacy rights or any person, living or deceased, or otherwise infringe upon any person’s, entity’s, or organization’s personal or property rights, including but not limited to, intellectual property rights);
the Entrant Group acknowledges that if selected as a Short-listed Entrant (as defined below) its Contest Entry may be posted for public viewing on the Contest Website, in the Contest Sponsor's sole discretion, although the Contest Sponsor has no obligation to use or post any Contest Entry submitted;
the Entrant Group (and each of its members) has the right and authority to, and does hereby, grant to the Contest Sponsor an irrevocable, non-exclusive, royalty-free license i to use, exhibit, display, broadcast and distribute the Contest Entry in print or digital form for the sole purpose of promoting the Contest and promoting, publicizing or explaining Ryerson University and its activities;
if selected as a Winner (as defined below) and in consideration for receipt of the Prize, each individual group member of eligible winning Entrant Group will be required to enter into an agreement (the “IP Assignment”) with Ryerson University whereby they agree to:
i. assign and transfer to Ryerson University, all right, title and interest throughout the world and in perpetuity in and to the Design, including the full worldwide copyright therein and the right to create derivative works which modify or alter the Design in any manner of form whatsoever; and
ii. waive in favour of Ryerson University all moral rights, authors’ rights or rights of a like kind in the Design.
The Contest Sponsor reserves the right to review any Contest Entry at any time prior to declaration of a Winner (as defined herein) for compliance with these Contest Rules and the entry conditions and to take such action as it deems appropriate, including removing any posted Contest Entry and disqualifying any Contest Entry or Entrant Group in the Contest Sponsor’s sole discretion. Any such review shall not relieve entrants from responsibility for compliance with the Contest Rules.
5. PRIZES There is one prize available to be awarded in this Contest as follows (the “Prize”).
a cash prize of two thousand dollars ($2,000), to be awarded to the Entrant Group (divided equally among Entrant Group members) who receives the highest Final Score (as defined herein) and who is declared the Winner (as defined herein).
Entrant Groups are advised that Prize money awarded to individual Entrant Group members is taxable income and any group member of a Winner will be issued a T4A from the Contest Sponsor evidencing the relative portion of the Prize as “Other Income” in accordance with the requirements of the Canada Revenue Agency.
6. WINNER SELECTION PROCESS AND ODDS OF WINNING A panel of judges (the “Jury”) will be appointed by the Contest Sponsor to judge the Contest Entries on the basis of the following criteria (“Criteria”):
Originality of Design
Strength of Integration with Surroundings
Practicality of Implementation
Fit With Downtown Yonge BIA Public Realm Strategy and Ryerson University Master Plan
The Jury will give each Design an initial score based on the Criteria (the “Initial Score”) and will determine the top three Contest Entries based on the top three Initial Scores (the “Short-listed Entrants”). The odds of being selected as a Short-listed Entrant will depend on the total number of Contest Entries, the caliber of each Design and compliance with the Criteria. Determination of the Short-listed Entrants is expected to be completed on or about January 29, 2016 (the “Short List Date”). In the event of a tie between two or more Contest Entries based on the Initial Score, the Contest Entry that receives the highest score in criterion c) of the Criteria will be deemed to have the higher Initial Score.
The Contest Sponsor, or its designated representative, will make a maximum of three (3) attempts to contact each eligible Short-listed Entrant by telephone or email (using the information provided in the Contest Entry) within five (5) business days of the end of the Selection Date. If the eligible Short-listed Entrant cannot be contacted within five (5) business days of the end of the Short List Date, or if there is a return of any notification as undeliverable, then that eligible Short-listed Entrant will be disqualified and will forfeit all rights to a Prize and the Contest Sponsor reserves the right in its sole and absolute discretion, to select an alternate eligible Short-listed Entrant based on the next highest Initial Score in accordance with these Contest Rules (in which case the foregoing provisions of this section will apply to such alternate eligible Short-Listed Entrant).
The Jury may invite the Short-listed Entrants to provide a 20-minute presentation to the Jury on their Design and to provide the Jury with the opportunity to ask clarification questions (the “Design Presentation”). Details regarding the date and format of the presentation will be provided in to Short-Listed Entrants in advance of any scheduled presentation date. Following the Design Presentation, the Jury will give each Design a final score using the Criteria (the “Final Score”). Final judging of the Short-Listed Entrants (whether or not a Design Presentation is requested by the Jury) is scheduled to be completed on or about February 15, 2016 (the “Selection Date”). In the event of a tie between two or more Short-Listed Entrants based on the Final Score, the Contest Entry that receives the highest score in criterion c) of the Criteria will be deemed to have the higher Final Score.
The Contest Entry that receives the top Final Score will become an eligible Prize winner (the “Eligible Winner”).
The Contest Sponsor, or its designated representative, will make a maximum of three (3) attempts to contact each Eligible Winner by telephone or email (using the information provided in the Contest Entry) within five (5) business days of the end of the Selection Date. If the Eligible Winner cannot be contacted within five (5) business days of the end of the Selection Date, or if there is a return of any notification as undeliverable, then that Eligible Winner will be disqualified and will forfeit all rights to a Prize and the Contest Sponsor reserves the right in its sole and absolute discretion, to select an alternate Eligible Winner based on the next highest Score in accordance with these Contest Rules (in which case the foregoing provisions of this section will apply to such alternate Eligible Winner).
7. DECLARATION OF WINNERS Before an Eligible Winner of the Prize is declared a winner (after declaration each referred to as a “Winner”), each individual group member of the the Eligible Winner must sign and return, within five (5) business days of notification, i) the IP Assignment; and ii) a declaration of compliance and release of liability prepared by the Contest Sponsor (the “Waiver”). In the Waiver, the Eligible Winner is required to, among other things:
correctly answer a mathematical skill-testing question without mechanical or other aid;
confirm compliance with these Contest Rules;
agree to release the Contest Parties from any and all claims, damages, liabilities, costs and expenses arising from any liability in connection with this Contest, the Winner’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof;
agree to indemnify the Contest Parties against any and all claims, damages, liabilities, costs and expenses arising from use of the Contest Entry or Design including, without limitation, any claim that the Contest Entry or the Design of the Entrant Group infringes a proprietary interest of any third party;
agree to the publication, reproduction and/or other use of Winner’s name, address (province and city), statements about the Contest and/or photographs or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Contest Sponsor in any manner whatsoever, including print, broadcast or the internet; and
acknowledge acceptance of the Prize or any portion thereof (if awarded).
The Eligible Winner will be disqualified and forfeits all rights to the Prize if any group member from the Eligible Winner:
fails to correctly answer the skill-testing question;
fails to sign the IP Assignment;
fails to return the properly executed Contest documents within the specified time; and/or
cannot be a declared a Winner in accordance with these Contest Rules for any reason;
and then the applicable Entrant Group will be disqualified (and will forfeit all rights to be a Winner). In the event of such disqualification, the Contest Sponsor reserves the right, in its sole and absolute discretion, to select the Design that received the next highest judged score during the Contest to be an eligible winner (in which case the foregoing provisions of this section shall apply to such new eligible Prize winner).
8. RIGHT TO SUSPEND/MODIFY/TERMINATE If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Contest Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, and disqualify any individual or entity who is responsible for such action. If terminated, the Contest Sponsor may, in its sole discretion, determine the winners from among all eligible Contest Entries received up to time of such action using the procedures outlined herein.
9. LIMITATIONS OF LIABILITY AND RELEASE No liability or responsibility is assumed by the Contest Sponsor or the Contest Parties resulting from the Entrant Group’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by the Contest Sponsor or the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest website or Sponsor website in whole or in part for any reason; traffic congestion on the Internet or the Contest website or Sponsor website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Sponsor and the Contest Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of Contest Entries, the judging of the Design, the announcement of the Prizes or in any Contest-related materials. Use of the Contest website and Sponsor website is at user’s own risk. The Contest Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to any member of the Entrant Group’s or any other person’s computer or video equipment resulting from participation or attempt to participate in the Contest. By participating in the Contest, the Entrant Group agrees:
to release the Contest Sponsor and the Contest Parties from any and all claims, damages or liabilities arising from or relating to Entrant Group’s participation in the Contest;
under no circumstances will the Entrant Group (or any member of the Entrant Group) be permitted to obtain awards for, and the Entrant Group hereby waives all rights to claim, punitive, incidental, consequential, or any other damages; and
all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action.
By accepting any Prize, recipient agrees that the Contest Parties will have no liability whatsoever for, and shall be held harmless by Winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any Prize. The Contest Sponsor and the Contest Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT GROUP MEMBER, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST WEBSITE AND/OR THE SPONSOR WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.