The City of Atlanta acting by and through the Department of City Planning (“City”) has organized the Affordable Housing Design Competition (“Competition”) to solicit the entry of affordable housing ideas and prototype designs (“Design” or “Designs”) from qualified entrants (“Entrants”). Participation in the Competition constitutes an agreement by each Entrant to comply with these Legal Requirements and all of the requirements contained in the design brief.
I. No Offer by City
Entrants agree and understand that this Competition does not represent any obligation or agreement on the part of the City and that the City shall not enter into any contracts as a result of this Competition. Further, Entrants agree and understand that the City is not obligated to pay, nor shall, in fact, pay, any costs or losses incurred by Entrants at any time.
II. Conflict of Interest
City employees, officers, or elected officials and their relatives are not eligible to participate as Entrants in the Competition. The term relative is defined in the City of Atlanta Code Section 5-401 and shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, domestic partner registered under City of Atlanta Code Section 94-133, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, any other relative living in the household of the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
III. Anonymity of Entrants
Entrants will be assigned a number to identify their Competition Designs. Any evidence of individual or firm names that appear on Competition Designs will result in the disqualification of that Design.
IV. Intellectual Property
- By submitting a Competition Design, each Entrant guarantees that he is the legal owner of all patents, copyrights, trademarks, and trade secrets (“Intellectual Property Rights”) associated with the Competition Design, or has been awarded full and unrestricted rights from the owner to submit the Design into the Competition. By submitting a Competition Design, each Entrant guarantees that use of the Design by the City does not violate the rights of any other party, does not result in a breach of contract between the Entrant and another party, and that the Entrant accepts responsibility for any royalties or fees due to any other party from the use of the Design. Competition Designs that infringe the Intellectual Property Rights, rights of privacy, or publicity rights of any individuals, organizations or companies will be disqualified.
- By submitting a Competition Design, each Entrant accepts and understands that all Intellectual Property Rights associated with the Competition Design, whether registered or not, will become and will remain the sole and exclusive property of the City.
The City will not return physical files or materials submitted for the Competition.
V. Promotional Release
By participating in the Competition, each Entrant grants to the City and its affiliates, the absolute right and permission to use his or her name, address, photograph and/or likeness in any and all advertising and promotional materials for the Competition, in any manner or media whatsoever, for purposes of advertising, trade or promotion. Each Entrant acknowledges and agrees that he or she shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, or distortion of his or her name, address, photograph or likeness.
VI. Indemnity from Claims
By submitting a Competition Design, each Entrant agrees to indemnify and hold the City and its officials, agents, affiliates, employees and representatives harmless from any and all claims, damages or liability arising from or related to his participation in the Competition.
VII. Limitation of Liability
By participating in the Competition, Entrants agree that: (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition but in no event attorneys’ fees; and (2) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
The City shall not be responsible for Competition entries that are lost, late, misdirected, incorrect, or incompletely received, for any reason, including by reason of hardware, software, browser, network failure, malfunction, congestion, or incompatibility at City’s servers or elsewhere.
The City reserves the right to cancel or modify the Competition at any time, for any reason.
IX. Applicable Laws and Jurisdiction
This Competition is governed by, and will be construed in accordance with, the laws of the State of Georgia, and the forum and venue for any dispute shall be in Fulton County, Georgia.
X. Updating these Competition Requirements
The City reserves the right in its sole and absolute discretion to alter these Competition requirements at any time, for any reason without prior notice.